Ulrich to the County - Niagara Falls Reporter
Transcription
Ulrich to the County - Niagara Falls Reporter
FREE THE TRUTH IS ALWAYS FAIR Ulrich to the County: Don't buy those properties! MAR 17 - MAR 25, 2015 VOL. 16, NO. 11 FREE 2 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Ulrich Urges County Not to Buy Properties Frank Parlato The Niagara County Legislature's plan to bid on three downtown Lockport buildings through an online auction this week has met with opposition. David Ulrich, Lockport's biggest developer, doesn't want the county to buy the buildings, two of which the county already leases -- 111 Main St., known as the Golden Triangle, where seven departments of the county - Aging Services, Board of Elections, Civil Service, Insurance & Risk Management, Motor Vehicle Dept., Human Resources, Probation and Veteran's Service Agency - have offices, and 20-40 East Ave., which houses the county's Social Services Department. The three-property sale also includes 50 Main St., the old Lockport Exchange Building, that later was occupied by Marine Midland bank, and now is empty. Notwithstanding Ulrich's opposition, the county says it is prepared to pay $2.4 million and will place a bid - before the online auction closes on Thursday. The $2.4 million figure is based on $3.1 million still owed on the leases over the next three years, minus the cost to renovate the buildings - an estimated $570,000 and the property taxes that will be lost if the county owns the buildings - another $87,000. “We’re just putting up what we’d have to pay, anyway,” said County Attorney Claude Joerg. But Ulrich say he thinks the county is dead wrong. In an email sent to members of the County Legislature - plus County Manager, Jeff Glatz, County Attorney Joerg, the Clerk of the Legislature, Mary Jo Tamburlin, and Public Information Officer, Christian Peck, Ulrich argued that the county should stay as tenants. "It is significantly more expensive for the county to own these buildings than to lease them," Ulrich said. Ironically, Ulrich once owned these three buildings himself. He bought them for a reported $1 million in 2001 and sold them in 2005. It was Ulrich who was responsible for Niagara County moving into these two buildings in the first place. For Ulrich, at least, it was significantly better to own these buildings and lease them to the county. By 2003, the county signed leases for 15 years and the leases are in force today. The County pays $375,000 a year for 111 Main St. and $545,000 for 20-40 East Ave. Although it is now vacant, back in 2003, Ulrich also leased 50 Main St. to the county - as the corporate training center of Niagara County Community College’s Small Business Development Center - for $120,000 a year. In 2005, with three strong government leases that went with the property, Ulrich sold the properties to 37 Holdings-Lockport LLC, which held title for principals David and Natalie Roberts, of Roberts Management Group of Sherman Oaks, California, both in their 70's, and their partner and lawyer, Sheldon Berger. For the three properties - which Ulrich paid a reported $1 million and with a combined assessed valuation of only $985,000, Ulrich was able to sell to the Roberts the three buildings for the astronomical price of $9.1 million. The Roberts took out a $7.43 million mortgage on the properties from Citigroup for 10-years, at 5.66 percent interest, with monthly payments of $42,935. The Roberts may have put down the $1.67 million cash difference between the sales price and the mortgage or Ulrich may have financed the down payment. For a few years, the Roberts made mortgage payments. But, in November, 2012, David Roberts died, leaving behind his 83-year-old widow. In December, the NCCC 's lease at 50 Main St. expired and the NCCC rented an office in the Bewley Building. The widow Roberts lost $10,000 per NIAGARA FALLS REPORTER “The Truth is Always Fair” CHAIRMAN & EDITOR IN CHIEF Frank Parlato Managing Editor Dr. Chitra Selvaraj Senior Editor Tony Farina PHONE: (716) 284-5595 P.O. Box 3083, Niagara Falls, N.Y. 14304 E-mail: news1926@gmail.com Website: www.niagarafallsreporter.com All contents copyright © 2015 Niagara Falls Reporter Inc. David Ulrich, seen getting in to his Ferrari, has some advice for Niagara County Legislators. 50 Main St., the old Lockport Exchange Building was built in 1920. It is vacant today. month in rents, one month after she lost her husband of 50 years. Sheldon Berger, her lawyer said this started her down the path of foreclosure. “The rent on two buildings is not enough to sustain three buildings,” he said. In December, 2013, US Bank commenced a foreclosure action in State Supreme Court. Roberts chose not to contest it. Berger said, “We’ve essentially given (the properties) back to the lender.” And these properties turned over to the US Bank are free to be auctioned this week. As the auction drew nearer, Ulrich made his best arguments to dissuade the county from bidding. What was his motive? Civic mindedness? On March 9, Ulrich wrote to county manager, Jeffrey Glatz explaining that none of the three properties has parking, and that lost city, school and county tax revenue over the next decade would be $2 million, which "will result in a significant disaster for an already financially stressed City of Lockport and Lockport School District and will cost Niagara County alone over $280,000 in taxes over the next decade." Ulrich disputed the estimated renovation costs, which he pegged not at $570,000, but $3.4 million for the two buildings the county leases, plus another $437,000 for 50 Main over the next decade. Then he went into particulars. Of 20-40 East Avenue, he wrote, "the useful life of the heating and air conditioning is at the end of its lifespan. Inside the building is in deplorable condition and needs a complete renovation. There will be huge costs to bring this building back to life." Of 111 Main, he wrote, "a 36 year old heat/air conditioning system. The inside of the building is also in drastic need of a total overhaul." Of 50 Main, he wrote, "Extremely old, inoperable elevators, immediate need for heat and air conditioning systems. The entire interior is over 50 years old. Even if this building remains vacant, the landlord will have to maintain minimum heat and climate control of 48 degrees to prevent freezing in the Winter and mold from forming in the summer. Estimated yearly utility costs are 3 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 But What's His Motive? 111 Main St., known also as the Golden Triangle, presently houses seven county departments. $34,100 and yearly maintenance costs of a minimum of $9600 for a total of $437,000 over 10 years." Two days later, on Mar 11, Ulrich wrote Glatz again. "While being managed by a PROFESSIONAL REAL ESTATE MANAGER the 3 Lockport buildings leased to Niagara County showed an average yearly profit of $42,609 over the past 3 years. We find it hard to be- lieve the County could do better. …Did the County have these buildings professionally appraised?" The main problem with Ulrich's arguments is not one of merit. But rather of motivation. More than a few county officials suspect Ulrich is interested in buying the properties himself- but for a lot less than $2.4 million. Was Ulrich doing his best to eliminate com- out parking and in need of repairs. If the county bows out, Ulrich could, buying them for $1.5 million, start the whole process again - lobbying the county to renew long term leases - then looking for an out of town buyer to pay a sale price based on the government leases and make another killing. The county, however, is in control of the process and is prepared to pay at least $900,000 more than the minimum upset figure. No new buyer - including Ulrich - can depend on the county staying for more than three years. As Joerg warned, “The county’s not committed to staying there. If you’re a developer who wants to buy the buildings, don’t think the county’s going to be a tenant for 30 years.” But the determination of the legislature to acquire these properties seems strong. The legislators have called a special meeting - for 11 a.m. March 19, the final day of the auction, to monitor online bidding and to decide, if need be, if the county wants to bid higher than $2.4 million to purchase the buildings. petition? The bank has set an auction "upset" figure - the minimum price they say they will take- at $1.5 million. If there is only one bidder, say Ulrich or the county, the properties will be sold for $1.5 million. If the county did not bid- the likelihood is there will be no other bidders for these three oddball and obsolete properties, with- “Remember that when you leave this earth, you can take with you nothing that you have received--only what you have given.” 20-40 East Ave., houses the County's Social Services Department. ― Francis of Assisi 4 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Local Movie Struggles to Find Audience An Update on Crimson, the Motion Picture Frank Parlato Readers may recall "Crimson: The Motion Picture," a movie shot in Niagara Falls. Three and a half years have passed since its producer, James Ventry and director, Ken Cosentino completed filming; it was shot primarily at the Niagara Arts and Cultural Center (NACC), with the assistance of more than 100 volunteers - 65 in front of the camera - including extras - and several dozen behind - as members of the crew. It was a genuine local film. And it is out there - available to be purchased and seen. "Crimson: the Motion Picture" has gotten mixed reviews - some lauding the film as an outburst of glory in the independent film world - a low budget action film that surprises and will find its niche someday among low budget cult classics- and then there are other reviews which were impatient, and fault finding, judging the film as one would a fully budgeted multimillion dollar motion picture; instead of what it is - a $27,000 production. According to Director Cosentino, Crimson has sold about 1500 units - about 900 DVD's and 600 downloads for video on demand, which suggests Crimson has grossed in the $12-$15,000 range - with much of that being split by the retailer and the distributor of the film, Pop Cinema. Crimson got considerable local attention around June 2011. At the time, the project was stalled. The filming had been completed. The editing was almost finished. But work was needed to address a serious sound glitch picked up during editing. And more money for marketing the film. At this point, Mayor Paul A. Dyster, a friend of the NACC, and a number of volunteers who worked on Crimson at the NACC, warmly welcomed the filmmakers to get a cash handout from the NFC, an agency of the city, with its own separate board, which he guided. The Mayor put Crimson on the NFC's agenda - for a $10,000 grant. In announcing the importance of the grant and how his administration was a patron of the movie industry, he said he judged the film as having genuine artistic merit. He told the Niagara Gazette that he watched the two minute trailer and it appeared to be of "very high, professional quality." Adding to the allure of the production, there was promise that if the film were to be completed - something that Mayor Dyster had all but ensured with his endowment of the of $10,000 of the people's money. Cosentino and Ventry told the Gazette they had "a meeting scheduled with representatives from Paramount Pictures," and "intend(ed) to show the film to audiences during upcoming film festivals". "What better than to have some young people from right here in the city of Niagara Falls growing the film industry here?", Dyster told the Gazette. The Niagara Falls Reporter, writing in opposition to the grant, wrote that the beleaguered taxpayers of Niagara Falls should not James Ventry as the villain, Tommy The DVD cover of Crimson be taxed to fund movies - especially ones such as Crimson which were not likely to create permanent jobs. Additionally however fine the film might be, it was not a family oriented picture. Were it to be rated by the Motion Picture Association of America - which it was not Crimson: The Motion Picture - about a comic book cartoonist who suffers a brain injury, thinks he is one of the super heroes he created, and turns vigilante, trying to clean up Niagara Falls - and its Irish Mafia - would likely get an "R" rating since graphic violence, nudity and profanity decorate the film. The word F-ck is used "an estimated 152 times in the movie," according to Cosentino. At the time of the grant, the Reporter pegged it as another chapter of the Dyster "friends and family" program, and the timing a little too propitious. Dyster was running for reelection. The Reporter suggested that the 100 plus locals who contributed their talents while working out of the NACC, the not for profit Dyster is most closely associated with - would be grateful to the mayor - who was facing John Accardo in a September primary - for funding their movie in July. In September, Dyster won the primary. In November he won reelection. Ventry took only $6,000 not the $10,000 when he found out that the grant was not really a grant - but a loan with no fixed repayment but a lien on his home to ensure, ultimately, repayment. But the movie was finished. The Paramount deal did not come through, and Crimson: the Motion Picture made its world premiere on March 23, 2013, at the Evening Star, a local bar and concert hall on Niagara Falls Boulevard. Now it was ready to be sprung upon the world. After the premiere, a distribution deal with a company called Pop Cinema made the movie available at retail and online outlets, prompting the attention of motley critics. Fangoria, a fan magazine specializing in violent films, and Sci-Fi magazine wrote about the film. Norm Breyfogle, who drew Batman for DC comics, described Crimson as a “blood-colored violence fest.” Marvel Comics' Paul Gulacy said, "Great offbeat story line. Really good camera movement and lighting. The fight at the end was sick. Awesome." The Colorado Springs Independent wrote, Crimson, "an ultra-low-budget feature", "is actually a smart, impressive and, best of all, clever take on the typical superhero tropes that eschew the forced mythologies and, instead, focus on the spine it takes to be a dispenser of justice. … If it sounds like Kick-Ass, well, it kind of is, but in a street-wise, take-no-prisoners way that a corporate franchise like Kick-Ass could only hope to achieve." DVD Verdict, however, thought less of the film. "(A)n atrocious film (that) tries to be a little bit like Kick Ass and Super, with a pinch of The Dark Knight ….. (o)nly it lacks the stellar acting, writing, lighting, audio, and directing all of those films possess." Of Crimson's leading man, Michael Leszczynski, DVD Verdict wrote, "his performance is labored and hammy, with overly expressive facial features that would make a silent film star blush…. There's a lot of yelling going on from actors who deliver their lines with a lot of volume and little else. … tough guys …add more unintentional hilarity to a film that is already full of inadvertent humor. There are moments in this film that are just painful to watch." But 10,000 Bullets wrote entirely more favorably, "Crimson proves that talent, creativity, and determination may be the most important factors in creating a motion picture that stands tall amongst the general dreck of modern independent cinema." But HorrorTalk thought less of the film. "There was a golden opportunity here to become the no-budget indie-darling version of Kick-Ass, carefully marrying violence, satire, and humor. Unfortunately… the whole thing comes across as bleak, tired, and dreadful … (a) drab, plodding, and pretentious story…" But of Leszczynski's acting, HorrorTalks wrote, "while at times laughable and misguided, (he) does manage to successfully propel the story forward. … James Ventry as the … crime boss’ son struggles with NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Could Crimson be called a success? Amoeba, Vudu, Google Movies, PlayStation, Xbox, Midwest Tape, Hoopla, Blockbuster, Amazon.com and numerous independent stores. Downloads of the film- currently available range in price from Google Play $14.99, Xbox - $12.99, Amazon.com $9.99 But the DVD's prices varied and have dropped precipitously in price. When it was first released, Crimson's DVD sold for $17.99. But the distributor sets the price and the filmmakers were none too happy to learn that for the physical product - the DVD - admittedly overstocked because of slow sales, Pop Cinema was now discounting selling the film low enough to recoup their investment but denying the filmmakers - at these prices - any chance of making anything. Mike Leszczynski as CRIMSON the dialogue, but has a very imposing onscreen presence that more than makes up for any deficit in raw acting chops." Rock! Shock! Pop! however had nothing but praise, writing that Crimson was "surprisingly well written and well thought out," and praised the actors: Leading man Leszczynski "bring(s) the right sense of pathos and unpredictability to his role. … Ventry tends to chew through the scenery and go completely over the top but it doesn’t feel out of place for his character… Lizzy Bruno is equal parts sympathetic and strong as the female lead …. an appreciably subdued Michael Shimmel and a just as over the top Patrick Posey round out that cast well." But Sex Gore Mutants' review was mixed, writing of Crimson's "truly pitiful performances, " Sex Gore admitted that "CRIMSON does have its own style….. There is occasional humour, but it’s illjudged at almost every turn…. (T)here are some endearing performances –most notably from Leszcynski and Bruno. The character of Tommy (Ventry) is too broadly overplayed but is at least sufficiently evil so as to keep the viewer watching, just to see what he’s capable of doing next. "There’s no real momentum achieved though … (T)here are times when what’s on the screen is unbelievably amateurish… ."There’s a lot of shouting, bad acting and unconvincing physical violence. … But the whole thing manages to be oddly endearing at the same time." As critics praised and panned it, the film was accepted by the Burbank Film Festival, but because of the filmmakers continuing lack of capital, the film was not shown since they couldn't pay the entry fee. Verizon's Redbox Instant brought excitement when they made the movie available for video on demand streaming in October 2014. Within a month Crimson was no longer available via Redbox a casualty of Redox's losing war with NetFlix. But Pop Cinema arranged for wide distribution and Crimson was available at Transworld, Newbury Comics, goHastings, F.Y.E. offers the DVD of Crimson for $5.99. Best Buy -$4.99. Target online $3.49. Meantime, the momentum that once permeated the advent of a fresh new product emerging into the fray has faded. Crimson's Facebook page has had only one posting in the last five months. Both "official" websites, Crimsonmovie.com and Crimsonmovie.net have been shut down. Cosentino has moved on to another film - "Attack of the Killer Shrews" a parody of the 1959 cult classic "The Killer Shrews." Asked if he is still proud of a limping toward no sales Crimson, Cosentino called it "a decent achievement" and that, in a day when star power and commercial support drives the film industry, he and Ventry were "fighting the odds". "I consider it a violent opera," he said. 5 "Everything is exaggerated just like it is in the comic book world. A lot of people got it. "The good thing about a movie is it is out there. It will always be out there. Maybe someday it will catch fire. I feel it could catch on as a cult film." As for Ventry and Cosentino, cult film or not, they are saving their money to pay off the "grant" and said in the nature of a vow to this writer, “I’m going to pay back every dime with interest,” said Mr. Ventry, “That $6,000 isn’t our money. It belongs to the public.” Both Ventry and Cosentino said they planned to veer far away from corporate welfare in the future. “I know people around here work hard,” said Cosentino, “I held a job since I was 16. If you have morals, you don’t go on welfare. I’d work at MacDonald’s first. We won’t take public money again.” 6 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Mike Hudson Former city Council Chairman John Accardo wants to be the next mayor of Niagara Falls, confidently asserting that the city can be doing a lot better than it has for the past eight years under incumbent mayor Paul Dyster. Accardo, a former Democrat turned Republican, said that Niagara Falls – which has been in decline since the early 1960s – has fallen fast and far since Dyster took office, something he finds particularly puzzling in light of the fact that the city has received casino cash payments averaging $20 million a year throughout the Dyster reign. “Come on, what happened to all that money?” Accardo asked in an exclusive interview with the Niagara Falls Reporter. “Those funds were meant to be used for one thing – economic development. Have we seen any economic development in this city over the past eight years?” Most people, even those who voted for Dyster twice, would have to say no. The city continues to hemorrhage jobs and skilled workers, the percentage of citizens receiving some sort of public assistance continues to grow, more and more homes and businesses are simply being abandoned by their owners, street crime remains a serious problem and Dyster’s repeated attempts to raise taxes and drive even more property owners away have been mitigated only by a vigilant and sometimes combative city Council opposition. Meanwhile, Dyster repaved the parking lot at City Hall at a cost of $450,000, allowed do nothing developer Mark Hamister to purchase a prime piece of downtown city-owned real estate appraised at upwards of a half-million dollars for $100,000, threw $250,000 at an out of state promoter to stage a monthlong “Holiday Market” event that made the city a laughingstock and irrationally handed Hard Rock International, a billion dollar multinational corporation owned by the Seminole Indians of Florida, a whopping $700,000 to stage a concert series that actually drove business away from locally owned restaurants, bars and other attractions. “It’s like they say, a half a million here, a half a million there and pretty soon you’re talking serious money,” Accardo said. “The mayor has not only spent the casino money we’ve received, he’s spent revenue that hasn’t even come in yet.” And with indicators showing casino revenue declining in the years to come, that’s a dangerous thing, he added. “They got the money, what they didn’t have was a plan,” he said. Accardo said that Dyster’s anti-business attitude is as much at fault as his spendthrift policies when it comes to the downward spiral the city’s been in under his peculiar brand of leadership. “The reason you don’t see any businesses or entrepreneurs coming in from Candidate Accardo Says Time For Change Here is Right Now John Accardo, the successful businessman, doesn't need a job. He is running for mayor because he has, he says, a love for this city, regret for what this city could have been, and hope for what this city may yet become. out of town is because they can see how this administration treats those that are already here,” he said. “Almost single handedly, Paul Dyster has created an economy where what passes for the upper middle class, the upper class, are those who work for the city, the school district, the hospital, the county and the state. Businesspeople look at that knowing that the only way you can pull that off is with high taxes.” Accardo said that damage done to the relationship between the business community and City Hall needs to be repaired, and Dyster is simply incapable of doing it. A successful Niagara Falls businessman in his own right, Accardo believes that all of the stakeholders here need to have a place at the table. “I learned a lot from my father (Frank Accardo, founder of Accardo Insurance and longtime community leader passed away last year), and one of the most valuable lessons is the importance of teamwork,” he said. “I’d like to get all of the players, Niagara Falls Redevelopment, Joe Anderson, everyone who has a financial interest in the future of the city, and have a kind of economic summit. Just say, what can City Hall do for you to help make things happen here?” Dyster’s idea of economic development, Accardo said, is giving money to campaign contributors for dubious projects like additional public housing or even offering cash bribes to young people willing to relocate here. Neither initiative, he pointed out, has been successful. “We’ve got a shrinking tax base as it is,” Accardo said. “Right now in Niagara Falls there are over 700 abandoned buildings. Schemes designed to take even more property off the tax rolls, like low income housing, create a lose / lose situation at best.” The candidate said that the transition from a manufacturing economy to one based on tourism has been and will continue to be difficult, but remains the city’s only hope for the future. But again, Accardo said, without a plan, a clear vision of where you want to go, choosing the right path can be all but impossible. “Why isn’t Nik Wallenda in downtown Niagara Falls? Because the administration, for who knows what reason, thought the tourist district would be better served by a small, cookie cutter motel pitched by Mark Hamister, and the half dozen permanent jobs that will go with it,” Accardo said. “It’s a joke. The mayor is on record as saying the Hamister project would transform downtown Niagara Falls, now here it is a year behind schedule and it appears that Hamister doesn’t even have the funding in place to start construction.” Wallenda, meanwhile, took his world renowned high wire act to the Darien Lake amusement park, where he will be thrilling audiences starting on May 9, the park’s opening day. “Had Nik gotten that property instead of Hamister, he would have pumped ten times the $100,000 into the city economy in the first season alone,” Accardo said. “But of course Nik doesn’t belong to the same Buffalo clubs as Dyster.” At the end of the day, Accardo said, John Accardo's father, the late Frank J. Accardo, who died last year at the age of 88, was a beloved mainstay of the fabric of the Niagara Falls community. In 1963, Frank started the Accardo Agency, Inc. on Pine Ave. which grew to be a genuine Niagara Falls success story as the company branched into a wide array of insurance opportunities while maintaining their deep and thoughtful connection to the residents of Niagara Falls - and their needs, however large or small. The company is currently operated by John Accardo and his brother Paul. In one respect, John Accardo represents a different kind of mayoral candidate. He represents a man who has worked primarily in business, working with his father and brother, and who has helped build a successful business, without government subsidies, a company with steady profitability, pursued now over the course of 50 years and still going strong. Accardo is a real businessman. And what his father, his brother and he created was a successful family business. Niagara Falls needs to get back its’ sense of humor about itself, something that’s been missing in action for most of the current century. “Look, we want to be known as a place to have fun. We want people to come here and go back saying they had a good time.” NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Mike Hudson Loser Maybe, Quitter Never; Accardo Campaign Gears Up Should someone ever write a book on the history of politics in Niagara Falls around the turn of the 21st Century, the name of John Accardo would loom large. For the past 25 years, Accardo has variously played the roles of popular public official, Election Day spoiler, Democrat, Republican, upset victim and successful Pine Avenue businessman. Last month, he announced his intention to run for mayor on the Republican ticket, in the hope of preventing incumbent Paul Dyster from being elected to an unprecedented third term. It will be Accardo’s third run for the position. His first came in 1999. As a city Council member, Accardo often found himself at odds with former mayor James Galie. Antipathy between the two men boiled over, and Accardo announced he would challenge Galie in that year’s Democratic primary. As popular as he was, nobody gave Accardo much of a chance at first. To challenge a sitting mayor with no major scandal or other problem looming was unheard of. But, with the help of his politically savvy father, Frank Accardo, the candidate began pulling together backing from business circles and the media. The candidacy began to take off. It was widely assumed that whoever won the primary would be the city’s next mayor. The Republicans had trouble finding anyone who even wanted to run and, when a diminutive former nun named Irene Elia entered the race flush with cash from her family’s construction empire, GOP leaders wished her well and told her to go for it. Over the following months, Galie and Accardo beat on each other mercilessly in the pages of the Niagara Gazette and on local radio and television. It was a dirty campaign even but Niagara Falls standards. Elia sat by the sidelines and watched, offering the occasional tsk tsk but little else. On primary day, Accardo cruised to victory on the Democratic line, upsetting the incumbent and all but certain, everyone thought, to be the city’s next mayor. Irene Elia had her own ideas. She appealed to the kinder, gentler side of the electorate, many of whom found and still find the sharp elbowed brand of political campaigning generally practiced here to be in extremely poor taste. And she had a PhD, which impressed the often poorly educated Niagara Falls voters to all get out. When Accardo attempted to attack, the consensus was that he was picking on a little, old ex-nun. And Elia had her own media clout. Her attorney, Patrick Berrigan, also represented the Niagara Gazette. His father, for many years, had been the newspaper’s publisher. To make matters worse, while Ac- 7 Irene Elia faced Accardo in a pitched race for mayor and won. He ran against Mayor Paul Dyster and lost. If John Accardo and Dyster win their primaries, a matchup will be on. Mayor Paul Dyster John Ceretto defeated Accardo in a three way race for state assembly. cardo had knocked Galie off the Democratic line, the incumbent retained his position as a minor party candidate, siphoning away even more votes. Election night was an early one. It wasn’t even close. Elia won by a landslide. Much the same scenario played itself out in 2010, when Accardo challenged five term incumbent Francine DelMonte in the Democratic primary for her 138thDistrict state Assembly seat. Running as an underdog for the entire campaign, Accardo eked out a narrow victory and ended DelMonte’s political career. He went on to face John Ceretto, an affable but fairly anonymous member of the county Legislature, in what was thought to be a “can’t lose” campaign. But, come the day after the election, Ceretto emerged as the clear victor in a triumph that still has some pundits scratching their heads. In 2011, Accardo entered the Democratic primary in an attempt to unseat Niagara Falls Mayor Paul Dyster, whose first term in office resulted in seriously mixed reviews. Would the third time be the charm for Accardo? It wasn’t. He was defeated on the Democratic line and chose not to campaign on the minor party lines he represented. Dyster went on to run against Republican School Board Member Johnny Destino in the general election, eking out a slender 7-point victory. Interestingly, both Accardo and Destino switched party affiliations following the race, with Accardo becoming a Republican and Destino going Democrat. Francine DelMonte lost in a bruising Democratic primary to John Accardo for state assembly. She stayed in the race on the minor party,. Working Families line, split the Democratic vote between her and Accardo and the Republican John Ceretto was elected in a traditionally Democratic district. Each man cited a lack of party support as the reason behind his switch. Accardo will face community activist James Szwedo in this year’s Republican Party primary while Dyster will go up against city Councilman Glenn Choolokian on the Democratic side. The winners of those races will square off in November’s general election. For Accardo, it will mark his third attempt to occupy that big corner office at City Hall, the one with the fabulous Main Street view. Maybe this time, the third time will be the charm. 8 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Niagara Falls, County Pols on Collision Course Tonight Sparks are expected to fly tonight at the Niagara County Courthouse when county legislators take up a pair of resolutions authored by the Niagara Falls-based Democratic minority that put the battle over Seneca Niagara Casino funds front-and-center. One resolution demands the county’s share of casino cash be reallocated to include Niagara Falls—despite the Cataract City receiving 20 times as much as the rest of the county every year—while a second resolution calls for the censure and condemnation of Republican Majority Leader Dick Updegrove of Lockport. Both are expected to fail. At issue is a resolution passed Dec. 9 that allocated the county’s share of casino revenues—which are projected to amount to less than $1 million this year—to Niagara County’s 12 towns and the cities of North Tonawanda and Lockport for tax relief and community development, while excluding the City of Niagara Falls. Republican leaders in the county legislature contended that language in the state legislation that divvied up the casino’s slot machine revenues between the state and host communities provided for Niagara Falls in one section and the county outside the City of Niagara Falls in a another, separate section. In contrast to the $1 million the entire county receives in casino cash, the City of Niagara Falls receives between $18 -$20 Republican Majority Leader Dick Updegrove of Lockport thinks Niagara Falls has had their fair share of casino cash to date $190 million -and that state law allows for the rest of the county to have its tiny fraction - $1 million - without having to give a portion of it to the city. million every year. Democratic Minority Leader Dennis F. Virtuoso and Legislator Mark Grozio never- theless want Niagara Falls to get a portion of the county share. The Upstate New York Gaming and Economic Development Act, which Gov. Andrew M. Cuomo signed into law in July 2013, seems to bear out the Republican majority’s argument. That law’s Subdivision 3 allocates substantial funds to Niagara Falls, while Subdivision 3a of the same law gives a separate allocation to the county based on its population outside the City of Niagara Falls. Virtuoso, Grozio, and their minority caucus contend that, despite the Subdivision 3a funds being allocated only based upon the approximately 170,000 county residents living outside Niagara Falls, the city should still receive part of those funds—despite already receiving 20 times as much under Subdivision 3. Republican legislators stand firmly behind the majority leader, and agree with the decision to exclude Niagara Falls from calculations. “This is a shameful attempt at a moneygrab by Niagara Falls politicians,” Legislator John Syracuse, R-Newfane, said, pointing to the language of Cuomo’s Upstate New York Gaming and Economic Development Act. The challenge to Updegrove's plan doesn’t pass muster with Republican town supervisors contacted by the Niagara Falls Reporter “What’s at stake here is fundamental fairness for the rest of the county, where taxpayers pay for so many of the social costs associated with operating a casino,” said Supervisor Dan Engert, R-Somerset. As the leader of the county’s least populous town, Engert noted his constituents are not expecting to receive a particularly large slice of the casino revenues, but deserved to be compen- sated for the expenses—like social service costs associated with the gambling industry—borne by county taxpayers. Updegrove said he had no regrets in bringing the December budget resolution that allocated the casino dollars to county residents outside Niagara Falls, adding Virtuoso’s resolutions amounted to an “effort to distract from the failed leadership of Niagara Falls’ elected representatives.” “When you consider that Niagara Falls has received nearly $190 million in casino revenues since 2003, the Niagara County Democrats’ effort to pick the pockets of taxpayers in Lockport and the Town of Niagara is agitating,” Updegrove said, noting that the county’s projected casino receipts for 2015 come in at less than $1 million, while the City of Niagara Falls is receiving, on average, $20 million per year. “Niagara Falls politicians can assert that their constituencies are victims to pass the blame for their own failed policies.” Meanwhile, what is the City of Niagara Falls spending its $190 million on? A partial listing of expenditures by the City of Niagara Falls includes: • $2.2 million for trash totes • $1.5 million to subsidize the state for the conference center and parties and events on Old Falls Street • $304,000 for planned golf course cart paths • $521,000 to support part time jobs and engineering consultants • $500,000 to the nonprofit Isaiah 61 for their failed housing and reuse store project • $250,000 for a roof on the golf course clubhouse • $6,200 for Planning Department office rugs and drapes. NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Importation of Frackwater in Violation of City Ordinance, Puts Public Health, Safety at Risk James Hufnagel A local waste disposal firm may be transporting toxic fracking wastewater through the LaSalle section of the city of Niagara Falls in direct and flagrant violation of a 2012 city ordinance prohibiting the activity. According to waste facility reports available at www.marcellusgas.org, an industry web site, Allied Waste Systems, LLC, located at 5600 Niagara Falls Blvd in the city, has landfilled over 913,000 barrels of fracking wastewater imported from Pennsylvania drilling rigs and 90 tons of solid drill cutting waste since the Niagara Falls City Council banned importation of the materials on March 6, 2012. Passed unanimously, and sponsored by councilmen Glenn Choolokian, the city's anti fracking ordinance prohibits the "storage, transfer, treatment or disposal of natural gas exploration and production wastes" within city limits. While the Niagara Falls Water Board eventually complied with the decision and has, for the time being, ceased efforts to cash in on fracking, it appears Allied Waste, a subsidiary of Republic Services, Inc. of Phoenix, AZ, has other ideas. Reports show that Allied has been accepting frack wastewater since July, 2010, burying over 55 million gallons of the hazardous fracking wastewater here in an area circumscribed by Niagara Falls Blvd., Packard Road and the 190, mere yards from the Niagara Fall High School and the busy Fashion Outlet Mall on Military Road. Fracking wastewater routinely contains upwards of 700 chemical additives, 30 of which are known carcinogens, and radioactive compounds from deep shale rock layers. Three months ago, the Cuomo administration outlawed the drilling process of fracking in New York State, largely due to the deleterious health impacts of fracking wastewater. Absent a local ordinance prohibiting it - such as the one the Niagara Falls Council passed, it is not illegal to accept fracking waste at permitted landfills in New York. The only sustainable option for disposal of the wastewater has been to pump it underground at "injection wells" located at scattered sites in Ohio, Texas and Oklahoma. An expensive process, given that the wastewater must be transported by tanker truck sometimes hundreds of miles from gas well to disposal site, and problematic, since the regions hosting the injection wells have been subject to greatly increased seismic activity causing widespread infrastructure damage. It therefore follows that the natural gas drilling industry would be motivated to capitalize on economically-depressed municipalities like Niagara Falls which, along with only a few other communities elsewhere in the state, has been accepting the toxic frack waste for years. While the actual 135-acre Allied Waste landfill is completely contained within the Town of Niagara, one of two truck entrances is located on Niagara Falls Boule- vard in the city of Niagara Falls. In addition, the only rail access to the facility, terminating at three spurs on the property, is through the city. Therefore, the prohibition on "transfer" of the waste within the city of Niagara Falls is clearly being violated by rail, and possibly by truck, if any use the Niagara Falls Boulevard entrance or drive on the 190 through LaSalle to access the Packard Road entrance. And sorry, but it's hard to believe dozens of large semis loaded with frack wastewater are driving past Wegmans and Olive Garden on a daily basis to access the Packard Road entrance to avoid having to drive through the city. Interestingly, the 2005 DEC Solid Waste Permit issued to Allied allows the facility to accept "contaminated soils and sludges" while not specifically authorizing gas drilling or frack waste. Interesting, because these state permits are exhausting in their specificity. If a particular brand of waste isn't expressly listed, it isn't supposed to be accepted by the facility. Allied's permit also states, "No drummed waste shall be place in the landfill without prior written approval from the RMSE (DEC Engineer)." Did Allied get written approval back in 2010 to landfill nearly a million barrels of frack waste? We intend to find out. In fact, a very recent, January, 2015 DEC listing of issued permits reveals that exactly eight landfills statewide are authorized to accept and dispose of "Petroleum Contaminated Soil". Allied Waste is not one of them. Leaked documents describing an incident that occurred in August, 2012, three months after the city ban was passed, constitute a "smoking gun". Two of three rail cars containing "drilling solids" triggered a radiation alarm at Allied Waste as the contents were being off-loaded onto dump trucks. The material, which was being transported on CSX rails by contractor Diaz Disposal of Kingsley, PA for Cabot Oil and Gas Corporation and consisted mostly of soils, was immediately returned to the rail cars. Samples were taken under the super- 9 While Allied Waste lies mainly in the Town of Niagara, the roads and rails to the landfill run through Niagara Falls. This might pose a problem for Allied if they are using city roads or rails to transport fracking waste since a city ordinance prohibits fracking waste to be transported in or through Niagara Falls. vision of the NYS Dept. of Environmental Conservation and sent to URS Corporation in Pittsburgh, which determined, reassuringly, that "even the highest measured activity concentration is below the applicable exempt activity concentration..." When asked for comment on what amounts to the next Love Canal taking place before our eyes, Mayor Dyster replied by email as follows: "Jim - Do you have information suggesting a potential violation of local law that you want to report? If yes, please provide to our law office (copied above) so we can act appropriately." "Thank you." 10 Hamister ‘Ups’ Job Estimates at IDA Meeting The Niagara County Industrial Development Agency granted a 10-year, $4.25 million tax break on March 11 for the planned 128-room Hyatt Place hotel to be built in downtown Niagara Falls by the Hamister Group. In addition to IDA tax breaks, the Hamister project, if built, will receive $3.85 million from state taxpayers through Empire State Development Corp. and be able to purchase from the City of Niagara Falls, 310 Rainbow Blvd., for $100,000. The parcel was appraised for more than $1.5 million. Combined, the Hamister Group will reap around $9.4 million in taxpayer help for the planned hotel. The purpose of the IDA is to give tax breaks in return for job creation. When Hamister made its application with the IDA, Hamister Vice President Daniel Hamister signed an affidavit on Jan. 26 that the hotel would create six full-time and 29 part-time jobs. At the IDA meeting, Susan C. Langdon, IDA director of project development, told the board that Hamister said the application was not correct. It should have read "35 full-time equivalents." Which is not to say there will be 35 full time jobs. The term "Full time equivalents" is often used when there are low wage part time jobs. It is calculated by combining the number of hours worked by all part time, full time and contracted labor in a business and divide that by 40 - - the number of hours in NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Henry Sloma, chairman of the Niagara County IDA says he wants to see the job creation numbers for the proposed Hamister hotel put in writing. a normal full time work week - and that is the number of full time equivalent employees. In other words if you had two part time employees working 20 hours per week - it would equal one full time equivalent. But who knows if this is the last and final number. Full time job numbers reported to be created by Hamister have shifted several times. In February 2012, USA Niagara, Empire State, and the City of Niagara Falls announced in a joint press release with Hamis- ter that his hotel would create 130 full time jobs. In July 2013, the same group in another press release said the number of full time jobs at 70. This is all a matter of public record. Considering the public investment planned for this project, the roller coaster ride of purported Hamister jobs speaks poorly of the planning from the beginning. Let's recap: Feb. 2012 - 130 jobs. July 2013 -70 jobs Jan. 2015 - 6 full time, 29 part time. March 11, 2015 - 35 full time equivalents. At the IDA meeting, chairman Henry M. Sloma said he’d like to see that (latest) job promise in writing. That's a good idea since Hamister stands to gain $4.2 million from the IDA courtesy the Niagara County tax- payers. IDA policy says that if a recipient of tax benefits doesn’t deliver on job creation promises, the IDA can revoke the tax breaks. And Mr. Sloma, may we recommend you make the job creation language in the contract iron clad. NOTICE OF FORMATION OF A DOMESTIC LLC BOULEVARD VAN CITY & MEDICAL TRANSPORT LLC has been formed as a limited liability company (LLC) by filing Articles of Organization with the NY Secretary of State (NYSS) on December 26, 2014. Office located in Niagara County, NY. NYSS designated as agent for the LLC upon whom process against it may be served. NYSS may mail a copy of any process against it served upon him to: 2708 Niagara Falls Boulevaard, Niagara Falls, NY 14304. The purpose of the LLC is to engage in any lawful business acts or activities permitted for LLCs under the NY Limited Liability Company Act. The limited liability company is to be managed by one or more members. 1/13/15, 1/20/15, 1/27//15, 2/3/15, 2/10/15, 2/17/15 Thus spake Swami Vivekananda to his disciples, “We are not weak. And if you are weak it is because you love your own weakness!” NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Can Dyster Win on Promises and Not Much Else? Tony Farina In a way, Paul Dyster is running for a third term as mayor of Niagara Falls on promises that so far have not lived up their hype. With a backdrop of cracked and pothole-filled roads and frozen water lines, the mayor promised when he made it official last week that his next term would be even better, if one could take that seriously given what’s happened in the first two terms. But perhaps the biggest danger to Dyster’s re-election is the still uncertain future of his administration’s biggest hype job, the nearly $36 million Hamister hotel project on Rainbow Blvd. that has yet to begin construction. Yes, the Niagara County IDA last week rubber stamped 10 years worth of tax breaks ($4.25 million) for the Buffalo developer to build the hotel and Hamister will get another $3.85 million from the state, but even with all that, financing questions appear to remain with neither the developer nor the public sponsors saying much. Sure, Hamister boosted the job numbers up to the equivalent of 36 full time jobs, whatever that means, after the number six full time jobs on the IDA application took plenty of heat from this newspaper. But so far, there are no jobs, lots of political maneuvering, and an uncertain start date that would be a killer for Dyster is if doesn’t happen in time for his third term bid. The fact is, if the Hamister deal falls through after all of the turmoil and hype of the past three years, that’s the unfilled promise that will hurt Dyster the most. Never mind all the other follies the administration has tried to sell, or the failure to land a Wallenda center after at first resisting even having the daredevil make his historic walk across Niagara Falls. The mayor has cultivated a good rela- Will this be converted into this? The downtown vacant lot at 310 Rainbow Blvd., is the proposed site of the Hamister Hyatt Place hotel. Will it ever get built? “Such was the will of the Father that his Son, blessed and glorious, whom he gave to us, and who was born for us, should by his own blood, sacrifice, and oblation, offer himself on the altar of the cross, not for himself, by whom "all things were made," but for our sins, leaving us an example that we should follow his steps.” St Francis of Assisi 11 September 2013: L-R: Mark Hamister, Gov. Andrew Cuomo and Niagara Falls Mayor Paul Dyster convene to sign a ceremonial contract for the Hamister hotel. The project is now more than a year late. tionship it seems with Gov. Cuomo but beyond a lot of promises, not much has really happened that you can see. Of course, by far the biggest payoff from the cozy relationship was supposed to be a transformational downtown hotel that the governor backed all the way, and we now know even if it comes, the Hamister Hyatt Place won’t transform much and won’t be the kind of attraction that a Wallenda entertainment center would have provided for downtown. I’m sure the mayor is doing all he can to make sure Hamister breaks ground on his scaled down business hotel before the pri- mary or he’ll have a lot of explaining to do to the residents of Niagara Falls who were promised a new day and have yet to see it as they try to unfreeze their pipes and navigate the bad roads that are taking a toll on motorists. In fact, that’s what you hear from people all the time: the roads are killing our cars. Will Dyster carry the day and win a third term? It may all depend on a Buffalo developer and all the state sponsors that pushed the Hamister deal on the city and that Dyster bought hook, line, and sinker. We’ll keep you posted. 12 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Frank Parlato & Mike Hudson County Legislature to Back Local Marijuana Production Proposal The Niagara County Legislature has proposed and is likely to pass. They want it so bad they can taste it. Last Tuesday, the National Indian Cannabis Coalition, an organization just formed a few weeks ago in Washington State, held a conference in Las Vegas, Nevada. The stated goal of the organization is to position Indian Tribes across the country to get in on the ground floor of the rapidly expanding, multimillion dollar medical marijuana growing industry. Robert Odawi Porter of Odawi Law PLLC, a former President of the Seneca Nation of New York who was central in spearheading the effort to allow for Native American gaming in New York State during the late 1900s, has now taken up the marijuana growing cause, and was a chief figure in the formation of the National Indian Cannabis Coalition. All of this has serious ramifications on the Niagara Frontier and Niagara County in particular, where at least one private company have announced their desire to get into the market. This Tuesday, the Niagara County Legislature is expected to approve what is in effect a symbolic resolution endorsing the new medical marijuana law in New York, and encouraging the state to select, as one of five statewide growers, a company called Herbal Agriculture LLC, which is a subsidiary of Lewiston Greenhouse LLC, -some of whose investors are the owners of Modern Disposal. Modern's Chief Operating Officer, Gary Smith, has been the main spokesperson to date for Herbal Agriculture LLC. The company plans to convert Modern Disposal's current tomato production facilities into what is hoped to be the far more profitable cultivation of medical marijuana. The Niagara County resolution - which is seen as helpful for the upcoming state application process, since it evidences local support - notes that medical marijuana has been found effective in the treatment of pain associated with cancer, HIV, post-traumatic stress disorder, multiple sclerosis, and other afflictions. It is also sound fiscal policy for Niagara County, if Herbal Agriculture, of Lewiston is selected to grow medical marijuana, the county resolution points out. “The awarding of a license to grow medical marihuana to Herbal Agriculture LLC will have significant economic development benefits to the county and its taxpayers, as counties where medical marihuana is grown in New York will receive 22.5 percent of the state’s 7 percent excise tax charged for medical marihuana,” the resolution states. Herbal Agriculture intends to convert a 12.5 acre state of the art greenhouse on Pletcher Road to cultivate, among other strains of medical marijuana, Charlotte’s Web, a variety of marijuana so weak it wouldn’t get you high if you smoked it. Charlotte's Web s processed into a marijuana extract that does not induce the psychoactive "high" associated with recreational marijuana strains high in tetrahydrocannabinol (THC). But Charlotte's Web is widely believed to have cured hopeless cases of Dravet's Syndrome - most famously of five year old Charlotte Figi, after whom the strain is named. She was in hospice - with a no resuscitation order - her 300 seizures per week were killing her by the moment - when her desperate parents turned to medical marijuana and the strain that now bears her name. Her 300 seizures dropped to three per month and mostly in her sleep - after just a few doses of this strain of medical marijuana. Charlotte went home to her parents with whom she lives today, living a normal life, because of medical marijuana - when, Charlotte Figi became the poster child for medical marijuana and especially the strain that bears her name-- Charlotte's Web. Happily, for Niagara County residents, the only company in the state that is licensed to cultivate Charlotte's Web is Herbal Agriculture of Lewiston. without it, she would not be with us today. Other children have been cured- and there is now a waiting list for Charlotte's Web. Which Herbal Agriculture of Lewiston hopes to help alleviate. Charlotte's Web has become, in the annals of medical marijuana's fight for legality, and respectability, the most famous strain of medical marijuana in the nation. It is the gold standard. While medical marijuana remains illegal in Florida, the state passed the "Charlotte's Web" law on June 6, 2014, a law designed to limit the government's ability to prosecute those in possession of Charlotte's Web and other low THC/high CBD strains of marijuana - which can be used to cure children of otherwise hopeless dis- eases. On July 28, 2014 the Federal government introduced bill H.R.5226, also known as "The Charlotte's Web Medical Hemp Act of 2014" which would amend the Controlled Substances Act -- to exempt Charlotte's Web and other plants with a low THC, the chemical that makes users high. It should duly be noted - and certainly gives pause - that only Herbal Agriculture LLC, of Lewiston is licensed by the developers of Charlotte's Web - the Stanley Brothers of Colorado, to sell Charlotte's Web in New York State - pending, of course, approval from the state to grow medical marijuana. If Herbal Agriculture is not approved for a New York license, Charlotte's Web will not be sold in New York State. NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 13 Lewiston Medical Marijuana Grower is a Natural Choice County Legislator Kathryn Lance, a cancer survivor, understood the need for people to have the best opportunities for healing and health. She cosponsored the county resolution to endorse Herbal Agriculture and its operations in Lewiston NY. The Niagara County resolution endorsing Herbal Agriculture was sponsored by Clyde L. Burmaster R-Ransomville,and Kathryn L. Lance R-Wheatfield, and is expected to easily pass tonight. It has bipartisan support. The Lewiston Town Board is expected to pass a similar resolution in the near future. Its members, Ron Winkley, Alphonso Bax, William Conrad and Beth Ceretto, have all expressed support for the Herbal Agriculture proposal, along with Town Supervisor Dennis Brochey. State Rep. John Ceretto is also behind the initiative. Gov. Andrew Cuomo’s medical marijuana law, universally acknowledged as the strictest in the country. In California, Colorado and a number of other states, the holder of a medical marijuana prescription has merely to go into one of the ubiquitous smoke shops that sprung up in the wake of legalization and purchase as much as an ounce of pot a day. In Colorado, where the recreational use of marijuana is also permitted, the state raked in a whopping $69 million during the year following legalization. Under the Cuomo law, just five sites around the state will be chosen for cultivation, the cannabis sold must come in the form of a pill, a topical salve, or oil for vaping. Doctors have little discretion in determining what conditions may be treated using marijuana therapy. In California, simple depression or insomnia is enough to get a prescription; in New York suffering from frequently fatal illnesses such as cancer, AIDS and Parkinson’s Disease or some traumatic condition like a spinal cord injury is required. Unlike California and Colorado, where legalization put a significant crimp into the black market in marijuana, because in effect almost anyone who wants to smoke, can get it legally there, Cuomo’s law will have little effect on the underground market. Cuomo meant to keep medical marijuana just that - medical, with substantive proof that it can ease suffering and heal patients. Meanwhile the Indians, spurred by a federal Justice Department memo in December essentially telling prosecutors to stand down on instances of marijuana cultivation on Indian Reservations around the country, are hoping for a windfall similar to that they enjoyed with casino gaming. The Niagara County Legislature is hoping they don’t get it. It remains to be seen whether the Indians will attempt it in New York and whether they will defy the thoughtful strictures that Gov. Cuomo hopes to impose and simply grow and sell it in bags or bundles or doo- Herbal Agriculture's State of the art greenhouse that may soon be growing Charlotte's Web and other strains of medical marijuana. bies or joints and try to find black market stoner customers. While the Indians perhaps may grow it, the residents of New York cannot legally buy it. Their use of marijuana legally requires that they follow the rules and the regulations of the New York State Medical marijuana law. Given the governor's reluctance to open the floodgates of marijuana use for all occasions, and for any trifling ailment - as long as the user gets 'high,' a serious proposal, by a company like Herbal Agriculture, and their brand - Charlotte's Web from which one cannot get 'high' conforms perfectly with the objectives of this governor - which is to make this state one where the medical aspects are recognized and honored. One can get a Rocky Mountain High in Colorado. 14 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Lancaster Board Votes Down “Redskins” Nickname Tony Farina The day of the “Redskins” is over in Lancaster as the controversial nickname and mascot was voted out Monday night by the school board at a special meeting before a packed auditorium at the William Street School. The vote was 7 to 0. “I was proud of them and proud to be a part of process,” said John Kane, a strong crusader for Native American rights and radio talk show host who had joined forces with those who had pushed for the change, arguing the nickname was offensive and a racial slur to Native Americans, a position the school board supported in its action Monday night. “They [school board members] thoughtfully went through the process and they voted with their conscience, I believe,” said Kane in responding to the board’s action to do away with native imagery altogether and create a fair environment for all children. Kane said the audience he estimated at more than 100 was about equally split, with opponents of the board’s decision frequently being disruptive and shouting out their feelings. But he said most of those in attendance and the people who he has come into contact with during the lengthy and often bitter debate between neighbors were respectful and courteous, and many felt it was just time to move on. The action comes in the wake of the decision by three school districts, Akron, Lake Shore, and Niagara Wheatfield, to have their lacrosse teams boycott playing against Lancaster as long as the Redskins nickname was in place. In the resolution passed on Monday, Lancaster Supt. Michael Vallely said the longstanding nickname had become “a symbol of ethnic stereotyping” and if the nickname stayed in place, it could subject students to retaliation. The debate over the nickname attracted national attention and USA Today posted the story of the board’s decision to revoke the nickname on its website shortly after Monday’s vote. Republicans say they will begin the interview process of Dirschberger soon and determine if his background equips him to head the Social Services Department going forward. Meanwhile, it is presumed the Poloncarz team is still at work looking for candidates to head Mental Health and cor- rections. Poloncarz had wanted to move Dankert-Maurer to Mental Health but withdrew her nomination after it became clear she might have trouble making it through the legislature. We’ll keep you posted. Poloncarz Responds, Finds Candidate for Social Services Position Tony Farina Perhaps it is just a coincidence, but within weeks of our stories calling attention to key vacancies in his administration, Erie County Executive Mark Poloncarz came up with a candidate last week to head the county’s largest department, Social Services, which had been led by a holdover-who wanted to leave for months. Poloncarz said in a statement that he came up with Al Dirschberger as his nominee to head Social Services “following an interview process that included several good candidates,” and Dirschberger was the best of the lot. It will now be up to the county legislature to approve Dirschberger, the former head of Journey’s End Refugee Services, to see if he is up to the task of overseeing an often volatile and controversial department that deals with the county’s most vulnerable residents. Poloncarz said Dirschberger, 51, “has a vast knowledge of the issues surrounding the delivery of social services,” adding that “Professor Dirschberger ‘s career has been dedicated to being a staunch and caring advocate for children and families, as well as teaching the next generation of social science students the skills they will need to succeed in their careers.” Dirschberger, who is a teacher at Daeman College and ECC, if approved by the legislature will take over for Carol DankertMauerer to lead a department that has often come under attack for its handling of cases involving children who died while their families were under investigation by Child Protective Services. Dirschberger, who is already on the job, is expected to face some level of scrutiny by the Republican majority in the legislature who say they will deal with the Dirschberger nomination as soon as possible. That will begin with interviews of Dirschberger by the Health and Human Services Committee before any vote is conducted by the full legislature. Al Dirschberger Key vacancies remain in the Poloncarz camp, including Mental Health-where Deborah Goldman serves as acting commissioner, and chief medical officer of the correctional facilities, two positions where leadership is extremely important in dealing with vulnerable residents and often volatile and incorrigible inmates. NOTICE OF FORMATION OF A DOMESTIC LLC CR HOME INVENTORY LLC has been formed as a limited liability company (LLC) by filing Articles of Organization with the NY Secretary of State (NYSS) on December 17, 2014. Office located in Niagara County, NY. NYSS designated as agent for the LLC upon whom process against it may be served. NYSS may mail a copy of any process against it served upon him to: 2802 Stenzel Ave., North Tonawanda, NY 14120. The purpose of the LLC is to engage in any lawful business acts or activities permitted for LLCs under the NY Limited Liability Company Act. The limited liability company is to be managed by one or more members. 2/3/15, 2/10/15, 2/17/15, 2/24/15, 3/3/15, 3/10/15 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Only in North Tonawanda: 'We are Kept in the Dark' Sweeney Payne Sunday, March 15 began “Sunshine Week,” a news-media-led event focusing on American citizens’ right to open government and ready access to public records. Open government begins with public officials, whether elected or appointed, consciously committing to it. In a Buffalo News editorial on Sunday, that paper wrote, “To a great extent, the public’s ability to review the actions of government relies on the character of the men and women occupying those offices.” The editors of the region’s daily newspaper continued, “The ground rules of democracy—the very definition of democracy— demand that the public have easy access to public meetings and public records.” We respect our fellow citizens who have differing opinions than we do. We respect their right to express their opinions. Our concerns in this column, however, are not directed toward our fellow citizens nor toward Democrats or Republicans or any other party. They are aimed at non-transparent elected and appointed officials in NT. We are still waiting for answers to our previously expressed concerns FROM THE ELECTED AND APPOINTED OFFICIALS to whom they were directed. Unless our elected and appointed officials listen to us – to ALL of us, not just those who agree with them, they cannot properly represent the citizens of NT. They are supposed to be accountable to all of us and become transparent in all of their decisions and actions so that all of us know what is going on and why. Lockport’s method, under their Charter as we recently heard their current Mayor explain at a televised Council meeting, of filling a vacancy for Mayor appears to be better than North Tonawanda’s. Their charter makes it automatic that the President of their Council becomes Mayor in such a case. That way a person legally voted into office becomes Mayor instead of the cronyism method used in North Tonawanda which has resulted in our currently having a 2/5 appointed Council, an appointed Mayor, and an appointed Clerk-Treasurer at the same time. Charter revisions are needed to avoid this happening over and over again, with the controlling party keeping those it can control in office and creating “incumbents” to make it easier for them to be elected in the future. On February 27 an opinion piece in the Niagara Gazette bemoaned the timing of Lewiston board meetings. We in NT also bemoan Common Council meeting starting times changed from the long time 7 p.m. to earlier times in the last decade. The earlier starting time is not for the convenience of citizens. It is for the convenience of the officials who prefer that not many citizens actually attend their meetings. Per the Open Meetings Law, “It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that citizens be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy.” A Buffalo News article on March 8, included the following, “A Democratic resolution to change the public speaking format at meetings was sent to committee. Minority Leader Dennis p. Virtuoso, D-Niagara Falls, predicted before last week’s session that the Republican majority probably would kill the proposal there. The resolution would move public speaking about issues not on the night’s agenda back near the start of the meeting. In 2009, the Republican majority passed a measure moving such comments to the end of the meeting, meaning that anyone who wanted to address the Legislature on a general topic had to sit through the Legislature’s typical two-hour plus meeting to do so. Public speaking in the final time slot has dwindled, and the former cadre of “gadflies” that used to attend Legislature meetings no longer does so.” A gadfly is someone who annoys people by being very critical or a person who per- sistently annoys or provokes others with criticism, schemes, ideas, demands, requests, etc. We in NT identify with those citizens of Niagara County also denied their rights to express their opinions to those who are supposed to represent them. In NT, the meeting time was also changed from the long time 7 p.m. starting time to 6 or 6:30, and sometimes 6:15 and occasionally other times to also make it inconvenient for most residents to come to meetings. We are kept in the dark about details probably covering up collusion between City officials and certain special interests using our City as if it were their own sandbox full of toys meant to increase their wealth and to insure income levels for many far in excess of the median income level in NT. All cloaked in secrecy. This lack of transparency has to stop! If the whole world stands against you sword in hand, would you still dare to do what you think is right? 16 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Mayoral Candidate Szwedo Makes Candid Remarks During Appearance on Former Mayor Anello's Radio Show Anna M. Howard Jim Szwedo, Republican Party candidate for mayor, appeared on the Vince Anello show March 12, and if the strength of his radio appearance is any indicator of the strength of his candidacy the political neophyte just may be able to make his way to the mayor's office in November. But before he tries to take down the winner of the Democratic primary he'll have to get past former Democrat, and current Republican mayoral candidate, John Republican candidate for Mayor of Niagara Falls, James "Jim" Szwedo. Accardo who similarly covets Dyster's office on the first floor of city hall. Historically, the Republican Party from notable national races down to town hall contests - intensely dislikes to engage in primaries. Until several weeks ago Accardo appeared to have the Republican line for Niagara Falls mayor all to himself...until wildcard Szwedo entered the race. If anyone thought Szwedo was going to be a primary pushover for the politically experienced Accardo, Szwedo's radio appearance with Vince Anello should have put an end to any such notion. Szwedo took phone calls, held his own in banter with Anello and laid out a campaign platform that was easy to relate to in its populist call for increased participation in government by city residents. "Come down to my headquarters at 2512 Niagara Street when it opens and don't bring a campaign check, bring your ideas on how to make the city better, I want to hear from you," the fledgling politico stated. Plain spoken and sincere? Is such a thing truly possible in a candidate? Consider this. About three quarters of the way through the show Szwedo, in between Anello's recounting of his days as mayor, managed to lay his campaign platform bare for all to hear. Such forthright- ness is rare if not unheard of in local politics. And while this straight forward talk may come to bite Jim Szwedo in the end (no pun intended) what he said is worth citing here both for its rarity of utterance and the dramatic change in city government it offers to the voter. Szwedo said, in part, that he will: Remove city administrator Donna Owens from her job due to lack of performance... Roll back the high pay of city department heads that have benefited so heavily under Dyster... Put an end to the Dyster habit of naming "acting" department heads which drives up the cost of government... Immediately negotiate a new contract with "the professionals at the SPCA and stop the talk of a costly city operated animal shelter we can't afford"... Stop the practice of handing out pay stipends for work that should be already be getting done as a matter of routine... Require department heads to work as needed as part of their having taken a department head position... Will hire a city engineer and end the expensive drama that has surrounded the city engineer position since Dyster assumed office... Put an end to the mysterious "Buffalo Connection" to city government... Say what you will but saying Candidate Szwedo isn't being forthright as to where he wants to take city government would be neither fair nor accurate after listening to him on the radio. In an era where candidates for office from the nation's capital to the local town hall - routinely couch their words while making vague promises - Jim Szwedo already stands out. Whether his up front approach will play with the voters as a strength or appear as political naiveté by a well-intended but mistaken candidate remains to be seen. NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 A Funny Thing Happened on the Way to the Election James ‘Jim’ Szwedo It appears election season is beginning early this year. I know we, the citizens and businesses of Niagara Falls, look forward to what is sure to be a painful mix of promises, finish lines, tales about how far we’ve come, grand plans, and what they (the politicians) see as the future of Niagara Falls. Please take note that I said their plans (politicians’ plans), not ours (the citizens and businesses of Niagara Falls). They won’t ask you where you would like to be in the next four years, but rather, they prefer to state what the four-year plans for their political future would look like. But are they even their plans? The seven plus years of this administration have been controlled by powerful people outside of this city. Look around. Have they really made it any better for anyone except themselves and their special interests? (By the way, if you happen to see the Mayor limping around Niagara Falls, it’s because of that ball-and-chain of outside interests he has been dragging around since he took office.) When you look at the other politicians running for office, I need you to look for the strings attached to powerful political figures and operatives funding and calling the shots, once again, from outside our city. I need you A side note to the citizens of Niagara Falls from Niagara Falls Mayoral candidate James 'Jim' Szwedo: to visualize puppets or marionettes happily controlled by people who never have to stand in the light. I need you to think of the Wizard of Oz, when the curtain gets pulled open and the Great and Powerful Oz gets exposed by Toto. That is why, to make things a little less painful for you this election season, I want to state, for the record that I have no balland-chain to drag around. There will never be any strings attached to me, and, for better or worse, I speak and write my own thoughts. No outside interests or powerful political operatives will invest in a candidate Am I willing to stand up and take the hit? NO PROBLEM. Can I take a joke? NOT AT YOUR EXPENSE. Am I one of you? YES. Will what I say make you think, and sometimes smile? YES. Can I win? THAT’S UP TO ONLY YOU. Can we change the way things have always been done? ABSOLUTELY they can’t control. So let me give you a quick recap: 1. I have no powerful political parties throwing tens of thousands of dollars into my campaign. This means I will not have an endless barrage of junk mail attacking my opponents. (P.S. I do have a Facebook page that I update from time to time.) 2. There will be no rich backers from outside our city hoping to gain or retain control of your future. This means no radio, TV, or phone calls attacking other candidates. 3. I won’t bore you with my grand plans, but rather, I would enjoy talking to 17 you about what bothers you, the citizens and businesses, to find out where you would like the city to be in the next four years. (P.S. 40 years of political grand plans haven’t served the citizens well.) 4. I need you to know that the only hold these interests have on the future of Niagara Falls is the one we, the citizens and businesses, allow them to have. Their money, their political power, their ties that bind us cannot stand alone in the light. For all their posturing and huffing and puffing, the reality is, in the end, your vote is what determines your voice, and your stake, in the future of our city. It truly isn’t about me. Rather… IT’S ALL ABOUT YOU. Your voice. Your choice. You future. Is government supposed to entertain the governed? 18 NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Conservative Event Honoring Kemp Attracts Big Turnout Tony Farina The Erie County Conservative Party’s Tribute to Jack Kemp drew more than 150 guests last Saturday (March 14) at Salvatore’s Italian Gardens and “was just fantastic,” according to Conservative Chairman Ralph Lorigo. “Salvatore’s had to set up three extra tables to accommodate everyone,” said Lorigo, “and they came from as far away as Binghamton, Ithaca, and Rochester, and all the speakers were just great.” Speakers included Jeff Kemp, the son of the late congressman and former Bills quarterback, and Fox News contributor Dr. Charles Krauthammer. Other speakers included state Conservative Party Chairman Mike Long, Erie County Clerk Chris Jacobs, and political operative Roger Stone. The list of high-profile guests in attendance at the tribute dinner is far too long to include here, but some of the dignitaries on hand were Buffalo School Board member Carl Paladino, Erie County District Attorney Frank A. Sedita III, Erie County Legislators Peter Savage, Kevin Hardwick and Erie County Conservative Party Chairman, Ralph Lorigo hosted a tribute to the late Jack Kemp and marshaled an all star group of speakers and packed Salvatore’s Italian Gardens. Tom Loughran, and numerous state, county, and local officials including Hamburg Supervisor Steven Walters. Also on hand was former State Sen. George Maziarz, a longtime Niagara Jack Kemp and Ronald Reagan. Kemp was a fierce advocate for the power of ideas, and especially for what he called “The American Idea.” County political leader and nine term state lawmaker. Many leaders from the business community also came to the fundraiser, including Dave Cappretto from Cappretto Homes. Lorigo’s goal was to top last year’s successful tribute dinner, and by the size of this year’s turnout and the great reception the speakers received, he accomplished his goal. Danielle Restaino, Running for City Court Judge, and Facing Two Prominent Opponents, Will Hold Event at the Como On Thursday, March 26 - at 6:00 pm, the public is invited to the Como Restaurant to support Danielle Restaino, a Niagara Falls lawyer running for City Court judge. Ticket prices are $35 per person and $60 per couple. Restaino, 31, announced on Jan. 17, that she would seek election. There are two city court judgeships out of four that will be up for election. Judge Angelo J. Morinello will be retiring, having reached the age of 70, the mandatory retirement age for judges in New York and incumbent Judge Mark A. Violante’s 10-year term is up this year. Violante, 64, announced in December he will seek reelection. Niagara Falls lawyer David G. Boniello also announced - on Mar. 4 - that he too is running for City Court judge. As it stands, three will run for two city court judgeships. All three are prominent names from prominent legal families. Danielle Restaino maintains a general private practice of law at 731 Third Street in the city and is a member of the Niagara County Public Defender staff. Her father is former City Court Judge Robert M. Restaino who presently maintains a private law practice and is a Niagara Falls School Board Member. Her uncle is Anthony J. Restaino who is the Commissioner of the Niagara County Department of Social Services. Violante, a Democrat, has been on the city bench since 1986. He has been chief city judge since 1996 and an acting Niagara County Court judge since 2000. His brother Michael J. Violante is the Niagara County District Attorney. Boniello, 62, also a Democrat, is a former Niagara County assistant district attorney who started practicing law in 1979. He Danielle Restaino has had his own law practice since 1982. His late father was Ralph A. Boniello, a prominent Niagara Falls attorney. His brother is Ralph A. Boniello III, a state supreme court judge sitting in Niagara Falls. This will be an interesting race since three of the most influential political and legally connected families in the city will vie for two seats, leaving one candidate behind. Potential supporters, too, will be placed in awkward positions; almost everyone in the Niagara Falls legal, law enforcement and political circles - those who normally turn out for fund raisers and lend campaign support for judicial races - will know all three families. Local lawyers in particular will have to be careful in choosing who and who not to support in order to preserve longstanding professional and personal relationships with all three of the renowned legal families - and of which two, or possibly three - depending on the results - will have a family member who is a judge. For Restaino, she will kick off her campaign at the Como next Thursday. Those seeking to meet Danielle - and learn why she is running and what she believes she can do to ensure justice in the city court of Niagara Falls are invited to join her. Although the youngest by several decades of the three judicial candidates, Danielle Restaino says she has experience and judgment. Having served in Niagara Falls City Court as counsel for the poor in felony and misdemeanor matters and now assisting individuals in the courts of Niagara Falls and in Lockport in family law and quasi criminal matters, Restaino has handled a wide array of cases. At the request of courts at various levels of the judicial system, Restaino said she has been called upon to provide review, evaluation and reports "on complex factual and legal matters to assist the court in deciding complex cases." Restaino received her law degree from the University at Buffalo Law School and was admitted to the bar in 2010. She sits on the Board of Directors for Niagara County Head Start. She is also a life-long resident of Niagara Falls and she credits her late grandfather, Tony Restaino, for influencing her decision to stay and make her career in Niagara Falls. “I decided very early during my education, that I wanted to obtain my professional degree and make my home and business in Niagara Falls," Restaino said. "We grew up having pride and concern for our city. "It was never my thought to leave the city and live elsewhere. This is my home, this is where I want to be to help the community and, in this position, I feel that I can do that." Although a Democrat, Restaino said she intends to file nominating petitions for all major political party lines in the upcoming election. “The problems of today are more complex with the advent of social media and technology," Restaino added. "I believe my knowledge and experience can bring a unique perspective to the justice system during these changing times in the city and society in general.” NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 Niagara Cup Names Co-Chairs for 2015 Tournament The Niagara Falls Memorial Medical Center Foundation has named a Niagara Falls chiropractor and a local business executive chairpersons of the 24th Annual Niagara Cup Classic. Dr. Michael Cardamone and Douglas Mooradian will chair the annual fundraiser on Tuesday, June 9. To accommodate the event’s growth, golfers this year will play at two courses: Niagara Falls Country Club and Hickory Stick Golf Course. Both courses will serve a barbecue lunch followed by a shotgun start at 12:30 p.m. sharp. Mr. Mooradian, who returns for a sixth year as the tournament’s co-chair, is the director of customer relations for Pine Pharmaceuticals. He is involved in a variety of community organizations and is a 2014 recipient of Buffalo Business First’s 40 Under 40 award. In 2013, he was the recipient of the Niagara Falls Education Foundation’s Emerging Leader Alumni Award. Dr. Cardamone, the owner of Cardamone Chiropractic in Niagara Falls, is well versed in the diagnosis and treatment of musculoskeletal injuries, espe- cially those resulting from motor vehicle accidents. He is the 2014 recipient of the Niagara Falls Education Foundation's Emerging Leader Alumni Award, the Niagara USA Chamber’s Small Business of the Year Award and the Main Street Business and Professional Association's Business of the Year Award. Since the inaugural tournament in 1992, the Niagara Cup Classic has raised more than $1 million for medical equipment and health care programs at Memorial Medical Center. The tournament is presented by the Medical Center Foundation. Money raised at this year’s tournament will benefit the Golisano Center for Community Health. Groundbreaking for the new center is scheduled for this spring. For tournament sponsorship and registration information call Cheryl Wienckowski, Memorial’s director of special events and projects, at (716) 278-4570 or email Cheryl.Wienckowski@nfmmc.org. 19 20 Skrlin Delivers on the Hamister Hotel To those who say artist Gerald Skrlin's biting cartoons too often feature Mayor Dyster as the victim of the cartoon skewering, we present "The Joker Goes Green" as a way of spreading the skewering and pointing out the multiple villains in the political circus called Niagara Falls. Has there ever been a more obvious boondoggle involving the fleecing of the taxpayer and rewarding of a businessman than the "Hamister Project"? This piece of work portrays developer Mark Hamister as The Joker who has craftily lashed the taxpayer to his Hamister wheel (oh, the richness of the word play!) and so the hapless taxpayer must feverishly churn the wheel to keep the Joker's scam alive as the hotel project shrinks in size, grows in cost, and sucks off the teat of state, county and city government. Hamister is presented as "The Joker" but he is in reality "The Bundler" who, with his Buffalo Niagara Partnership membership, raised over $700,000 for Cuomo's candidacy and has been aided and abetted by Paul Dyster who could easily be cast as "The Bungler" who has damaged Niagara Falls beyond repair. Joker, Bundler and Bungler...until a super hero appears, Niagara Falls is assuredly doomed. Arrington Cole Art Critic 22 Don't say he never warned you: Dyster kicked off his campaign for a third term on March 12 telling the small crowd at the International Brotherhood of Electrical Workers hall that he wants a third term because "I'm not done yet." The IBEW hall was full of electricians. But no electricity. "If the damn Niagara Falls Reporter would just disappear this entire scam would be so much easier!" (a thought bubble above Paul Dyster's head). The mayor was overheard saying "Those frozen pipes on 72nd Street should have been put ten feet under, the way we bury the truth at City Hall." The city's new animal rescue van was involved in a rescue two weeks ago. City workers had to pull it out of a LaSalle neighborhood snow pile after the driver lost control of the vehicle. (You can't make this stuff up). NIAGARA FALLS REPORTER MAR 17 - MAR 25, 2015 City Hall Jokes Dyster, always the animal lover, announced "Bring your pit bull to city hall day" to be held in June. We'd like to see him organize "bring your calculator to city hall day" so the suspiciously shifting city deficit could be fixed. How are Paul Dyster and a pit bull alike? They'll both cost you an arm and a leg. The three greatest mysteries in American political history: 1-who killed JFK? 2-who was the Watergate "Deep Throat"? 3-Exactly how much slush WAS in Paul Dyster's anonymous slush fund? Dyster supporter Frank Soda, a member of the Bridge Commission, was just appointed to the Niagara Falls Housing Authority on the recommendation of the mayor, which comes on the heels of Soda's appointment to the city's new "Finance Review Panel" upon the recommendation of council chairman Touma. The Reporter is tracking down the rumor that the omnipresent Mr. Soda is in line to be named as US Ambassador to the United Nations...upon the recommendation of Dyster and Touma. Mixed news on the Isaiah 61 dilapidated Highland Avenue fire hall project. The bad news is the fire hall roof has collapsed. The good news is the asbestos has been remediated. We all recently adjusted to DST Daylight Savings Time. The Reporter is currently adjusting to DFT - Dyster FOIL Time - as the mayor and his Law Department are refusing to turn over documents regarding the frozen pipes on 72nd Street, in spite of the fact that the mayor and Law Department gave those same documents to the Buffalo News weeks ago just three days after the newspaper requested them. St. Paul to the Thessalonians: “For even when we were with you, this we commanded you, that if any would not work, neither should he eat.”