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Hospitals fined for readmitted patients

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Lillian Cretacci went into Mercy Hospital sick on Christmas Eve, and when she returned to her West Seneca home a few days later, the hospital did something hospitals never used to do.

She received special attention at discharge and then a visit from a nurse at her home to make sure her medications were all in order and a follow-up appointment with a doctor was scheduled.

Business changed big time for hospitals this year, and Cretacci’s case is one small example of what’s playing out across the nation as a result of new Medicare policies under the federal health reform law.

In October, Medicare started fining facilities, including 12 in Western New York, for too many patients returning within 30 days of discharge because of complications.

And in January, Medicare started rewarding or penalizing hospitals based on their performance on basic quality measures and surveys of patient satisfaction. A disproportionate number of Buffalo hospitals were penalized.

The new policies are meant to make hospitals more financially accountable for the care they provide. It is the government’s biggest effort yet in a movement to pay health care providers for the quality and not just the quantity of care they deliver.

Medicare penalized 71 percent of the nation’s hospitals, including 12 in Western New York, for having too many preventable readmissions, according to an analysis by Kaiser Health News. The penalties here ranged from $2,000 at Brooks Memorial Hospital in Dunkirk to $33,000 at Kenmore Mercy to $938,000 at Kaleida Health, according to initial estimates from the Healthcare Association of New York State.

On the quality measures, 92 percent of hospitals in Buffalo received a penalty and 8 percent got a bonus, making it one of the worst performing regions in the country, Kaiser found.

Nationally, on average, 48 percent of hospitals received a penalty and 52 percent a bonus.

Hospital officials see the measures as works in progress that will require refinement.

“Churning patients through hospitals and not creating comprehensive systems of care, that’s not good for patients or for costs,” said Joseph McDonald, chief executive officer of Catholic Health.

“Everybody recognizes that the reimbursement system has to take into account quality of care. That historically has not happened,” said Dr. Brian Murray, chief medical officer at Erie County Medical Center.

Murray and others noted that the way hospitals have been paid in the past encouraged shorter patient stays and, as result, risked discharging patients too soon.

“Now we’re planning for discharge from the time a patient comes in,” he said.

Medicare is the federal health program for individuals 65 and older. About 20 percent of hospitalized Medicare patients – 2.3 million people – are readmitted to a hospital within 30 days of discharge, according to a key study on readmissions in the New England Journal of Medicine. About 90 percent of the readmissions were unplanned and cost the government $17.4 billion in 2004 alone, the study found.Experts say many of the avoidable readmissions result from medical errors, confusing discharge instructions, poor coordination among different health care providers and inadequate support at the patient’s home.

Patients receive conflicting advice. They don’t understand how to take their medications. Physicians often don’t know when their patients are released, and patients fail to make follow-up appointments.

“The penalty is a counterbalance to excessive cost-cutting at hospitals in which you get your patient length of stay so low that it creates a readmission,” said Bruce Boissonnault, co-chairman of the National Quality Forum Steering Committee that looked at the best way to measure readmissions. “It also encourages coordinating care with doctors in the community.”

The bonuses and penalties based on the quality of care arise out of another government program called value-based purchasing. Medicare scores hospitals based partly on how well they perform on basic quality measures, such as how quickly heart attack patients receive angioplasty to open clogged arteries and whether surgery patients received the correct antibiotics. The score also incorporates patient ratings on their hospital stays, including how well nurses and doctors communicated with them.

Reducing readmissions seems easy but isn’t.

For one thing, not every readmission is preventable, and those that are can be difficult to predict.

In recent years, hospitals, health insurance companies and Buffalo-area community organizations have taken steps to reduce readmissions with varying success.

Urban facilities here employ programs similar to the one Cretacci used at Catholic Health, but they don’t receive extra funding for them.

The hospital system attempts to identify patients at high risk for readmission, including those with poor health literacy, depression, five or more medications and little or no help at home.

Nurses visit patients within 48 hours of discharge to go over medications, check the safety of the home and ensure that an appointment is made with a primary-care physician.

“The hospital was a good experience, but I’m not going back,” said Cretacci, 73, who was admitted with excessive fatigue and high blood pressure after spending a day preparing a holiday dinner for 17 people and decorating the Christmas tree.The program is considered a success with a readmission rate of only 6.7 percent. But officials say addressing readmissions is a struggle that requires constant experimentation and review.

ECMC, for instance, says every patient now leaves with a link to a primary physician, and the facility is moving to individualized rather than one-size-fits-all discharge instructions. Kaleida Health says it, too, is stressing that patients get a timely appointment with a doctor and better discharge instructions.

Although the readmission penalties appear here to stay, there remains debate about their validity.

Studies indicate that hospitals in poorer communities have higher readmission rates than those in more-affluent areas. Hospital officials want the government to take into account socioeconomic status, a factor out of their control. It’s also unclear just how many of the discharges are preventable within the 30-day time frame or exactly how much readmissions reflect poor quality.

“The financial incentives don’t line up between the hospitals and the doctors in the community. There is no penalty to the doctor who tells the patient to go back to the hospital when it can be avoided,” said Dr. Margaret Paroski, chief medical officer of Kaleida Health.

Large, teaching and safety-net hospitals, categories that would include Kaleida Health’s facilities, are those most likely to be penalized, researchers found in a study last month in the Journal of the American Medical Association. It’s not entirely clear why, although it’s thought to be related to the severity of illnesses and socioeconomic status.

Critics also question whether the government is measuring the right thing. They contend it makes more sense to hold hospitals accountable for issues that result in complications and deaths.

“The priorities are off,” said Dr. Ashish Jha, a professor at the Harvard School of Public Health who has studied readmissions. “Readmissions are important. But if you want to improve quality, begin with mortality rates and adverse events.”

Advocates counter that readmission penalties mark an important moment in reforming the payment system. “This is a stake in the ground,” said Ann Monroe, president of the Heath Foundation for Western & Central New York. “We’re in the shakedown phase of defining what is a hospital’s role in keeping people healthy.”



email: hdavis@buffnews.com

Transportation chief defends slow funding

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The Buffalo region has received less than half of the money it was promised for road construction this fiscal year, and local state lawmakers want to know why.

The state’s transportation chief, meanwhile, said she’d give her “best efforts” to deliver the area its fair share of funding, but gave no guarantees.

The issue came to light Thursday in Albany during a joint legislative budget hearing with state Transportation Commissioner Joan McDonald.

While the hearing focused on funding for 2013-14, State Sen. Timothy M. Kennedy pointed out that this fiscal year’s transportation budget designated $166 million for Western New York.

But so far, Kennedy said, only $72 million of that money has been spent in the region.

“We have a little more than $90 million that we’re short from what’s been promised up to this point,” Kennedy said.

Kennedy, D-Buffalo, previously noted that other regions have received the full amount they were promised, or in some cases more.

McDonald did not dispute those figures for Western New York, and didn’t offer an explanation as to why the funding has been so slow in arriving.

Instead, McDonald said it’s the agency’s intent to “use all our best efforts” to bid out those capital projects that the DOT committed to do this fiscal year, which ends March 31.

“So you’re expecting, in the course of the next two months or so, we’re going to be looking at $90 million or so?” Kennedy asked her.

“I don’t have the specifics in front of me,” McDonald said, “but we are using every effort to get the remaining projects that need to be let in [the Buffalo region] and across the state obligated so that we can start the construction season and put people to work.”

“That would be very welcome news to the folks in Western New York,” Kennedy said.

Alan Pero, president of Fair Apportionment of Infrastructure Revenue – a coalition of Western New York laborers, consultants and contractors involved in the construction industry – testified at Thursday’s hearing and called 2012 the “lost construction season” for the Buffalo region.

It was the result of “the perfect storm of screw-ups” by the DOT related to design, bidding and letting of projects, which led to high unemployment across the region’s construction industry during the 2012 season, Pero said.

He asked that the DOT fix the “systemic problem” within the department so these issues don’t happen again.

In another matter, the commissioner said the DOT has begun a “plausibility review” to consider alternatives to the Skyway.

“I expect to receive that in the near future,” McDonald said of the Skyway report. “The process is under way right now.”

Late last year, she told Rep. Brian Higgins, D-Buffalo, a longtime advocate for removing the Skyway, that she had directed staff to conduct a review of alternatives to the towering concrete connector between Buffalo’s downtown and the outer harbor.

When asked by Kennedy for an update on Thursday, McDonald said the review is being done from the “macro perspective” on how alternatives to the Skyway would impact the City of Buffalo.

McDonald did not put a timetable on the study, but said when it’s complete, the DOT will sit down with Higgins and Kennedy to explain the results.

“Would you be willing to come up and give us the findings when they’re completed?” Kennedy said.

“I’d be happy to,” McDonald said.



email: jrey@buffnews.com

Scripts Cafe serves great food with an old-fashioned touch

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We didn’t understand why the cute little café on East Avenue in Lockport is named Scripts Cafe until we pulled up in front. It’s right next to the Historic Palace Theatre, and the decor of the café echoes its neighbor with old-time movie posters on the walls.

The entry was old-fashioned, too, with small tiles forming the numbers of the two storefronts. You enter through the door into No. 12, and place your order at the counter under a small, ornate Victorian glass chandelier. Patrons can eat at one of the two small tables in the front window near the counter or turn right into what was once No. 10 and pick from three small round tables or two larger rectangular tables.

The second room had an easygoing, informal look, with mismatched chairs and tables and a small, empty, dark-wood bookcase that could have used a Swiffering. A side table, thoughtfully stocked with a large pitcher of water and plastic cups, plastic cutlery and napkins, made us think that this spot gets busy at lunchtimes during the week.

In fact, it got busy while we were there. At first, just two women with their young daughters sat at the front tables, but as Ruth, Dan, John and I lingered, an older couple, a twentysomething couple, and another group of four came in. Some had coffee and cupcakes, some had soup and sandwiches.

Scripts’ regular menu is nicely edited, offering several soups of the day, eight panini, six specialty sandwiches and six salads, each with an interesting name. Nothing on the menu is more than $6.95. The panini range from $5.50 for a Weber (three cheeses on grilled sourdough) to $6.95 for a Hughes (barbecued pulled pork, cheddar, sauteed red onion on ciabatta), or a Matthew (grilled chicken, bacon, cheddar, spicy sweet chili mayo on ciabatta).

The specialty sandwiches include the Cindy, in which a portobello mushroom is dressed with balsamic vinaigrette, greens, provolone and garlic mayo and served on ciabatta ($6.50) or the Brendan, made with grilled chicken, ham, Swiss and mayo on ciabatta ($6.95). The salads range from a vegetarian Café Salad of tomatoes, cukes, red onion and Parmesan ($5.95) to a Cobb with chicken, egg, bacon, crumbly blue cheese, tomato and avocado on a bed of romaine ($6.95).

An extra sheet of new menu items lists two more panini, two sandwiches, two salads and five $6.50 wraps. If you’re more in the mood for a plain sandwich, or a combination not listed, you can create your own deli sandwich from a variety of breads, meats, cheeses and condiments for $5.95.

Scripts seems to take pride in its soups of the day. As we found out, the pride is justified – we tried each soup and all were excellent. On the day we visited, the choices were tomato basil, chicken dijon and white bean and bacon with rosemary. A cup ($2.99) of soup was served in a tall, sturdy mug; a bowl was served in a round, thick china bowl. The tomato soup was topped with shavings of aged cheese that, along with the basil, added delicious accents. The white bean soup had a somewhat thinner broth than we expected, but was delicious, with sizable chunks of bacon, carrots and a notable onion influence. The chicken dijon was a masterpiece, a delicious chicken-rich soup with chunks of potato and long strips of cooked kale, with a slight but delicious mustard accent.

Just as we were spooning up the last of the soup, our sandwiches arrived. All were winners. The steaming-hot Weber ($5.50) was two panini press-marked slices of sourdough enclosing a melty layer of cheddar, provolone and American cheese, topped with a slice of fresh tomato to add a contrasting flavor and texture. It was better than any grilled cheese we could have made at home.

The Langella ($6.50) was also nicely toasted, although on ciabatta bread. The thick layer of tender, flavorful roast beef was topped with melted provolone and thin-sliced sauteed red onions. A smear of horseradish mayo added a small bite.

The Drewski ($6.95), also on ciabatta, combined a sizable serving of fresh-cut deli turkey with thick, crispy bacon, a thin layer of soft avocado, Swiss, lettuce, tomato and, as requested, light mayo. It was delicious.

If the Drewski was generous, the Scripts Club (also $6.95) was ridiculous. Made on just two thick slices of toasted wheat bread and cut in half rather than the usual quartered-and-stacked presentation, it was too thick to eat with one bite. Each side-by-side turkey and ham layers could have supported a sandwich by itself. The crispy bacon added a savory crunch.

We packed up half of the larger sandwiches to go and swung by the counter again for a square of the coffeecake ($2.99). Mysteriously, it was a bit hard to cut with our plastic knife, but its layers – a base that resembled poundcake, with a cinnamon streusel topping, sprinkled with confectioner’s sugar – were yielding, rich and just sweet enough.



email: aneville@buffnews.com

Wing prices up as passion for finger food soars

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Remember 10-cent wings?

These days, that's as likely as the Bills making the playoffs.

Demand for Buffalo wings – the Nickel City's fiercely loved, hot-sauce smothered, bleu- cheese dipped celery sidekick that has become one of the nation's must-have Super Bowl finger foods – has sent prices for the chicken parts soaring.

Locally, wing purveyors have raised their prices – to nearly a dollar or even more per wing.

And that has restaurant owners squawking.

The increase has prompted John & Mary's in Hamburg to put a sign in the window apologizing to customers.

“Fresh wings are around $91 a case, and according to what we've been told by our supplier, it's supposed to go up to $100 a case,” co-owner Susan Raymond said. That's up from $83 a case in early December.

The restaurant is now charging $9.29 for 10 wings, $15.99 for 20 and $29.29 for a bucket of 50.

At the Anchor Bar, costs were passed on to customers a couple of months ago. Now, an order of 10 wings goes for $13, and 20 wings sell for $20. Like other restaurants that sell wings, the savings increase as the orders get larger.

“Let me tell you something. This year we had the drought and the [poor corn crop], so the chicken price goes up,” said Ivano Toscani, Anchor Bar's executive chef. “I think it's just an excuse to raise the price. Every year is the same story, and at the end of the story is always money, money, money.”

Every year, as the Super Bowl approaches, it's not uncommon for the wholesale price of wings to increase as restaurants and grocery stores stock up for the second biggest food weekend of the year for Americans.

The National Chicken Council, based in Washington, D.C., predicted in its “Wing Report” that Americans would be scarfing down 1.2 billion wing portions (drumsticks and “flats” of each wing) this Superbowl weekend.

The average price of wings in the Northeast is now $2.11 a pound, up 26 cents from last year and the most expensive ever, according the chicken council. Whether the wings are fresh or frozen also affects price.

In addition, production is down 1 percent over last year due to high corn and feed prices attributable to last summer's drought. There's also less corn available, the council said, because of a government requirement that 40 percent of the corn crop be used for ethanol.

The high demand during the Super Bowl comes as no surprise to Buffalo's “wing king,” Drew Cerza, founder of the annual Buffalo Wing Festival, which draws thousands of wing enthusiasts every summer.

“When you eat wings, it's almost like participating in an athletic event,” Cerza tried to convince a Buffalo News reporter. “You're not using a wimpy fork and knife,” he explained. “You're using your hands. You can go for the drumstick or the flat. There are 100 different ways to eat wings. You can wipe your hand on a napkin or on your pants ... It's just a fun food to eat. It's become synonymous with watching football.”

In 1964, Anchor Bar co-owner and Buffalo's unofficial fairy godmother Teressa Bellissimo had an inspired idea for a late-night snack for her son and his buddies. As the story goes, she found some wings, deep-fried them, then tossed them in hot sauce and served them with celery sticks and blue cheese dressing.

Waistlines across the nation would never be the same.

But as Super Bowl XLVII approaches, the recent higher prices of wings don't seem to be hurting business at the Anchor Bar.

Toscani and his crew prepared 15,000 pounds of wings to be flash frozen and shipped via FedEx to wing aficionados across the country and as far as Alaska.

He said he has' an additional 5,000 pounds for takeout orders Sunday.

Regardless of the rising prices, Susan Raymond of John & Mary's said the cost won't drive her to skimp on quality.

“If I used a smaller wing, the customer won't be back. You can't change a product, you have to give them what they're used to,” Raymond said.

She also said she has no way of knowing if the explanation for the cost increases is on the level. “We're relying on our supplier and the sales people, who are told what the market is going to do. We have no other way to justify it or not,” Raymond said.

Buffalo Wild Wings, a national chain based in Minneapolis with more than 600 restaurants, has not raised its prices in some time, a spokeswoman said. Orders of six wings go for $5.99, and a dozen for $11.29.

Duff's Famous Wings in Eastern Hills Mall, where 10 wings sell for $10.95 and go up to 30 wings for $27.95, also hasn't seen a cost increase for its fresh wings, or raised prices in some time, according to manager Nathan Aldinger.

He suggested the small chain's high-volume sales may have locked in a better price.

Cerza said Buffalo-area wing restaurants face tough decisions. Prices don't appear to be going down, and local demand doesn't seem to be ebbing.

Restaurants in other parts of the country have found success offering “boneless chicken wings,” cut-up chicken breasts that are breaded and deep fried, as an alternative.

“It's a lot less expensive,” at about $1.36 per pound, Cerza said.

But that might not sit well with die-hard Buffalonians who scoff at even substituting ranch for traditional bleu cheese dressing.

“We are not a boneless market,” Cerza said. “Buffalonians are so passionate about wings,” he said. “It's part of our soul. I don't think they'll ever give them up.”

There's only so much you can do about the supply of wings, he said. Each chicken, after all, only has two wings. That gave Cerza an idea.

“We've got to genetically change chickens to grow eight wings,” Cerza said. “That's what they've got to do in the Buffalo Niagara Medical Corridor.”



email: mbecker@buffnews.com and msommer@buffnews.com

Wesley F. Arnold, educator and Lockport town justice

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June 9, 1923 – Jan. 31, 2013

LOCKPORT – Wesley F. Arnold, a Lockport elementary school principal for 27 years and a Lockport town justice for 26 years, died Thursday in Niagara Hospice, Lockport, where he had been since Sunday. He was 89.

Mr. Arnold was active in many community activities as well as education and government.

“He was certainly a very amazing man, the kind of person who instantly made you feel like a friend,” Town Supervisor Marc R. Smith said. “It’s a sad day for our town, losing such a great man.”

Mr. Arnold was born in Geneseo and grew up in Avon, where he graduated from Avon High School in 1940. After two years at Geneseo State Teachers College, as it was then known, he entered the U.S. Navy in October 1942 and remained in uniform until June 1946.

During World War II, he entered the Navy’s V-12 program of college educations for potential future officers. His family said Mr. Arnold was the first man in the V-12 program to be commissioner a lieutenant in the Seabees.

After leaving the service, Mr. Arnold completed his education to be a teacher, graduating from Geneseo in 1948.

He worked in Selkirk, near Albany, as a fifth- and sixth-grade teacher and then as a building principal before moving to Lockport.

After six years teaching sixth grade at Washington Hunt Elementary School in Lockport, Mr. Arnold became the principal of DeWitt Clinton Elementary School, a post he held for 20 years. After seven years as principal of Roy B. Kelley Elementary School, he retired.

Mr. Arnold became involved in local government when he was appointed to the town Zoning Board of Appeals in 1963. He later served five years as a town councilman before becoming town justice, a post he held for 26 years until retiring in 2003, at the age of 80.

His long list of community connections includes 60 years as a meber of First Presbyterian Church, where he served as an elder; 60 years as a member of Lockport’s Red Jacket Lodge, where he was a past master; membership on the board of the Lockport YMCA since 1966, including served as its president from 1974 to 1994; and service on the boards of the Niagara-Orleans Auto Club and the Police and Justice Executive Conference.

Mr. Arnold was an original member of the Kenan Center from 1966 to 1968, and took part in the planning for the center.

He helped form the Lockport Teachers Federal Credit Union and served on the board of the Lockport chapter of the American Red Cross. He was a member of the Free and Accepted Masons and the Lockport Shrine Club, and he was chairman of the Elks Club Scholarship Committee. He also was a charter member of the South Lockport Fire Company Exempt Association.

Mr. Arnold was an original member of the Lockport Clowns, which performed in an annual circus. His character was called “Duke.”

Working with Wayne C. Cardy, Mr. Arnold wrote a children’s book called “Fun With Next to Nothing.” He also was a painter, specializing in painting of wildlife.

Survivors include his wife of 67 years, the former Margaret “Etta” Gray; two daughters, Laurie Beck and Heather ; two sons, Christopher and Brian; 12 grandchildren; and five great-grandchildren.

A memorial service will be held at 11 a.m. Monday in First Presbyterian Church, 21 Church St.

Anti-smoking signs debut at Krull Park

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OLCOTT – Niagara County officials braved the high winds on the Lake Ontario shoreline Thursday to show off the first of the antismoking signs to be posted in county parks.

The event in Krull Park, where most of the planned signs already have been installed, called attention to the plans to have signs around all areas in the five county parks where children are most likely to congregate.

Public Health Director Daniel J. Stapleton told the county Board of Health last week that all the signs should be in place by Memorial Day.

In November, two years after it had blocked posting of the signs, the County Legislature gave the green light for the “Young Lungs at Play” and “Breathe Easy” signs at the request of the Erie-Niagara Tobacco-Free Coalition, based at Roswell Park Cancer Institute.

No active enforcement is planned.

Manager of GM engine plant to speak at Black History event

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Steven Finch, plant manager for the General Motors Town of Tonawanda engine plant, will be guest speaker during a Black History Month program scheduled for 12:15 p.m. today in the second-floor Ceremonial Courtrooom of Old County Hall, 92 Franklin St.

In addition, State Court of Appeals Judge Eugene F. Pigott Jr. will join with the Eighth District Diversity Steering Committee and the Minority Bar Association of Western New York in a special tribute to the late Theodore T. Jones, who served as an associate judge on the Court of Appeals.

Also recognized for contributions in promoting workplace diversity are Jennifer J. Parker, of Jackson Parker Communications; Vincent E. Doyle III of the Connor & Vilardo law firm; and Sundra Ryce of SLR Contracting & Service Co.

State lauds ECMC clinic for HIV care

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The Immunodeficiency Services Department at Erie County Medical Center has received state Health Department honors for improvements to its care for HIV patients.

The clinic, the only comprehensive HIV and AIDS care center in Western New York, was cited for sustained improvement in patient retention and viral load suppression, along with its collaborations with NY Links and the In+ Care Campaign.

Representatives of the clinic will receive the 2012 Department of Health AIDS Institute Award for Excellence in Quality Performance on March 14 in New York City.

Photo exhibit opens at Market Street Art Center

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LOCKPORT – The 2013 Photography Exhibition opens Saturday in Market Street Art Center, 247 Market St., with an opening reception from 5 to 8 p.m.

Works by 27 local and regional photographers, many of them new to the show, will be on display through March 3.

In all, 82 photos are to be displayed. The photography will be judged by Dennis Stierer of Lockport.

Chicken coops, not casino, raise money for city

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Buffalo’s city treasury expects to collect more money this year in license fees for chicken coops than from the Seneca Nation for operation of the Senecas’ multimillion-dollar downtown casino.

And it expects to collect a lot more from the quarters that are dropped into parking meters than from the quarters dropped into slot machines at the casino.

Those are among the startling statistics presented Thursday night by a professor of hospitality and tourism management during a gathering of about 60 opponents of casino gambling in Buffalo.

Steven H. Siegel of Niagara University said the city has budgeted income of $100 from the issuance of chicken coop licenses and none from the Seneca Buffalo Creek Casino at Michigan Avenue and Fulton Street. He said the city expects to collect more than $1.7 million from its parking meters but nothing from the casino’s slot machines.

“Evidently the licensing of chickens is a more lucrative revenue stream than a $130 million casino is,” he said.

The professor used those examples from the 2012-13 city budget to illustrate his point that the casino makes little direct contribution to the city treasury. The Senecas have, however, agreed to replace sidewalks and do some relatively minor landscaping around their temporary casino building while their full casino and hotel complex is under construction.

The city originally expected to receive about $3.5 million a year from the Senecas through a compact in which the state granted the Indian nation the exclusive right to operate casinos in Western New York. The Senecas are withholding the payments, because they say the state violated the compact by permitting the installation of slot machines at nearby racetracks.

The city received nearly $2.6 million through the compact in the 2009-10 fiscal year but nothing since then. Meanwhile, it has adopted a $25 license fee for anyone who wants to raise up to five chickens in a backyard coop as part of an urban chicken farming trend. It also collects 25 cents for 15 minutes at most city parking meters.

Siegel’s examples were part of a much larger presentation on what he said were the actual costs of a casino. He said slot machine gamblers would lose $56 million a year if the casino expands to a proposed 800 slot machines; state and local sales tax income would drop by more than $5 million a year because the sovereign Indian nation is not subject to sales taxes; and the city would forfeit $100,000 to $250,000 in annual property taxes because the nation is tax exempt.

Siegel was among speakers at a meeting sponsored by Citizens for a Better Buffalo, an organization formed to stop construction of the Buffalo casino. The group met in the Buffalo Transportation Pierce-Arrow Museum at 263 Michigan Ave., about three blocks from the casino site. The citizens organization has filed lawsuits aimed at stopping the casino project.



email: rbaldwin@buffnews.com

Lockport man accused of ripping off his blind mother

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LOCKPORT – Charles Rizzo allegedly pawned his 85-year-old blind mother’s jewelry, emptied her bank account and then left her facing eviction.

Rizzo, 51, of East High Street, was charged by Lockport police Wednesday night with two felony counts of fourth-degree grand larceny. Police opened the investigation after Rizzo’s daughter came to police with her grandmother’s financial statements and said her father had been stealing from the elderly woman.

Rizzo, a prior felon from downstate, had been living with his mother in the East High Street apartment as her caretaker and had been given permission to handle transactions to pay bills.

Rizzo’s daughter told police Wednesday morning that she began investigating when she learned that her grandmother had been evicted, and that’s when she discovered the alleged thefts.

She said there were several unauthorized withdrawals made by her father, pieces of gold jewelry missing and an unknown amount of prescription medication missing.

Investigators found that Rizzo had pawned a gold necklace and two rings, valued at $2,200, and took $1,216 from the woman’s account without permission.

“The grandmother didn’t have much money, and this dried her account up into the negatives,” said Detective Lt. Scott Seekins. “Obviously her landlord didn’t know what was going on and they evicted her. A 51-year-old guy gets his mother booted.”

Seekins said the granddaughter is taking care of her grandmother now.

He said drug use by Rizzo is suspected in the case.

He said Thursday that the Victim’s Assistance Program has been called to help and work with the landlord on the case.

Because of threats of retaliation, orders of protection were issued for both the mother and granddaughter, according to police.



email: nfischer@buffnews.com

Downtown Falls office for Niagara U to enhance outreach

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NIAGARA FALLS – A plan to draw young professionals and creative types downtown is set to receive yet another boost.

Niagara University will move its community outreach office to downtown Niagara Falls in an attempt to develop the burgeoning Park Place neighborhood, Mayor Paul A. Dyster announced Thursday.

“Professionals and students downtown, … that is what it means to put your money where your mouth is,” Dyster said in his annual State of the City address, referring to a series of recent investments in the neighborhood.

Spurring the investments – which include a new $450,000 grant to improve storefronts in the Third Street area – is a plan to draw recent college graduates to Main Street by paying toward their student loans with city funds.

That program is set to kick off later this year with 20 students who are moving from across the country to live in downtown Niagara Falls.

Unveiled last summer, the program has revived talk of creating a “creative class” in the Falls along the lines of Buffalo’s Elmwood Village.

“At the same time, every national media outlet in the country has told our story, and people around the nation are talking about, and considering, Niagara Falls as a living and working destination,” Dyster said.

The presence of Niagara community workers and student volunteers will only help that effort, said Community Development Director Seth A. Piccirillo. “Any time you have more people coming into a neighborhood, it becomes a safer place to gather, and you have more people who want to spend their time there,” said Piccirillo, who created the program.

Niagara will move its community office from across town into an old home at 640 Park Place, also the location of a new office of Rep. Brian Higgins, D-Buffalo.

“Obviously, the visibility is a big thing, to be right there on Main Street,” said Tom Lowe, coordinator of the ReNU Niagara program. “But it’s more than that – we need to be in the center of the action.”

The university plans to expand its community outreach programs by helping implement the student loan program, dubbed “LiveNF,” and continuing its work with Niagara Falls’ most impoverished residents.

Those efforts include converting vacant lots in blighted areas in Niagara Falls into community gardens and helping connect residents with the training they need to find decent jobs.



email: cspecht@buffnews.com

City of Lockport will fight high bidder’s suit over auction

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LOCKPORT – The city has decided to fight a lawsuit filed by a man who submitted the high bids on two properties at the 2012 tax foreclosure auction and then was barred from claiming the land or from reclaiming his down payments.

Corporation Counsel John J. Ottaviano said Thursday that the Common Council decided against settling with Daryl Ubiles, who put down deposits totaling $6,150 and then was barred from buying the parcels because he owed $399 in city and school taxes on another property he already owned.

The news came as a surprise to Ubiles’ attorney, A. Angelo DiMillo, who said Ottaviano had told him earlier this week that the city would settle the suit with a refund to Ubiles.

That assurance became inoperative after a closed-door Council session Wednesday night, Ottaviano said. “We had discussed it, and once we learned all the facts, we decided not to settle,” he said.

The city’s auction rules say that if an apparent high bidder is found to owe taxes on any other property in the city, he won’t be allowed to buy the land, and the city will keep his deposit.

The city has sold the parcels on Center and North Transit streets to the second-highest bidder from the Oct. 23 auction.

The lawsuit claims that Ubiles didn’t know about the $399 in taxes he owed on his Clinton Street property because he didn’t receive the tax bills. The suit says he paid the taxes as soon as he found out, six days after the auction.

“This person has multiple addresses,” Ottaviano said. He said the bills were sent to another of Ubiles’ addresses. He owns four properties in the city besides the two he tried to buy at the auction.

DiMillo said it doesn’t make any difference how many mailing addresses Ubiles might have, because the city’s auction rules are “unfair.”

As a result of the policy, the city made more money than it would have if it had let Ubiles close on the parcels he won.

“The city has suffered no loss. It is unfair,” DiMillo said. “I think it’s improper for the city to take a deposit and not let people cure unpaid taxes.”

He said it would be fairer to let bidders clear up their back taxes before closing on auction properties.



email: tprohaska@buffnews.com

Trip to corner store ends in knifepoint robbery

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NIAGARA FALLS – An Ontario Avenue man told police Tuesday that he was robbed a knifepoint this week after he was followed home from a corner store.

The victim he left the store at about 7:15 p.m. Tuesday, and when he got to his door a teenage boy, wearing all black clothes and a hood, jumped on him and demanded that he hand over everything. The victim said that when he tried to push the teen away, the youth displayed a pearl-handled knife and threatened to “stick him.”

The victim told police that he offered the suspect a beer, but the teen refused and demanded everything in his pockets, which was $3. The robber took the cash and fled, according to police.

Careless smoking blamed for fire in Falls apartment complex

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The fire broke out in a living-room couch in Apartment 67 at 1736 Lafayette Ave. It was reported at 11:30 p.m.

Firefighters confined the fire damage to three apartments, but the Red Cross was called to assist residents from seven apartments. One resident was hospitalized after suffering burns to her hand.

The blaze caused an estimated $60,000 damage.

A fire investigator fell and suffered a puncture wound to the leg. He was taken to Niagara Falls Memorial Medical Center for a tetanus shot.

Heavy snowfall on its way north

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A band of lake effect snow was headed toward Buffalo and the Northtowns this afternoon, after blanketing the Southern Tier and ski country overnight and this morning.

A lake effect snow watch was issued for Northern Erie County, including Buffalo, as well as Genesee County starting at 7 tonight through Saturday evening.

Two to 4 inches of snow was expected tonight followed by 4 to 7 inches during the day Saturday, with another inch falling Saturday evening.

A general snowfall was forecast for Sunday across the region, dropping “a couple of inches across the area,” said National Weather Service meteorologist Dave Thomas.

email: mbecker@buffnews.com

Black ice causes accidents on Niagara Thruway

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A sudden outbreak of black ice on Interstate-190 in Niagara Falls this morning was blamed for at least seven accidents – including a crash that led to a car catching on fire and three rollovers, according to Trooper Aaron Wentland.

Amazingly, no one was hurt.

But troopers and fire crews were sent scrambling as they were dispatched to accident after accident.

The City of Niagara Falls also temporarily shut down entrances to the Niagara Thruway from Niagara Falls Boulevard to the Thruway during the accident spree, which were reported from the Porter-Packard Road exit to the Grand Island Bridge.

The first was reported just before 9 a.m.

About an hour earlier a band of lake effect snow passed through the area, according to Dave Thomas, a meteorologist with the National Weather Service.

The majority of the accidents happened on the southbound side of the road, Wentland said.

“The overpasses were all iced over,” he said. “And of course, nobody was slowing down.”

The state sent out salting trucks and by about 10:40 a.m. the roads were safe again for driving.

email: mbecker@buffnews.com

Roy-Hart suspends coach over incident

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For Royalton-Hartland School Superintendent Kevin MacDonald, the suspension of longtime girls basketball coach Don Baker is all about following a new anti-bullying law enacted after the suicide of Jamey Rodemeyer.

But Baker, who has coached sports at Roy-Hart for 30 years, tells a story more closely resembling another recent Williamsville controversy: the unexpected firing of a popular coach.

MacDonald said he suspended Baker for the rest of the season after getting word of an alleged locker room incident last month that the coach knew about but did not report.

“The law says you need to report something if you suspect it,” MacDonald said Friday.

But Baker vehemently denied knowing about the incident and said he is being unfairly punished.

“There’s no way in hell I’m going to let somebody get picked on,” he said. “Everyone’s trying to compare it with the Jamey Rodemeyer thing, but it’s not. I’m not the bad guy.”

District officials refuse to go into details about the incident, which they say took place on Jan. 18 outside the girls locker room. But various accounts center around girls from the varsity basketball team, a former player and a special needs student.

“If you ran it by different people, they might say it’s bullying, it’s harassment, this, that and the other thing,” MacDonald said.

Whatever it was, Baker says he never saw it happen for one good reason: He can’t set foot in the locker room.

“I don’t know how I’m supposed to control what happens in the locker room,” Baker said. “I am not allowed in there when they change.”

Instead, he was stationed near the gym at the end of a long hallway.

Baker said there were “no problems at all” when his team filtered into the gym.

“There was no indication anything was going on,” he said.

A parent later notified Baker that something might have happened in the locker room, though he said she had “no details whatsoever.”

School Board President Patricia Riegle, who has a daughter on the team, said in initial reports she was mandated to report the incident. She did not respond to messages left to comment.

Baker, who has coached four sports at Roy-Hart in the 30 years he has been employed there, said he asked the team captain if there was any videotape of anything going on in the locker room, as he was told. She said no, according to Baker.

“And then after that, everything went crazy,” he said, starting with a full investigation by the district and interviews with players and district personnel.

Suspensions followed, both for some of the players and for Baker, who will miss the remaining three weeks of the season.

District officials declined to say how many players were suspended, and for how long, but McDonald said the district did not take the actions lightly, MacDonald said.

Quite simply, MacDonald said, recent legislation calls for such action.

He cited the Dignity for All Students Act, passed last year in the wake of Jamey Rodemeyer’s suicide, which calls for anyone who suspects the bullying of a student to report it.

Why bother having such legislation, MacDonald asks, if you’re not going to enforce it? He added that it’s all part of a necessary culture change in schools and on sports teams.

“There’s been a paradigm shift in laws and politics,” MacDonald said Friday. “What needs to happen, and it hasn’t happened yet, is our culture hasn’t caught up with it.”

“I grew up playing sports and [hearing people say] boys will be boys, or hockey players are just funny that way,” MacDonald added. “I don’t think it’s just in our nature to want to report something.”

That’s why it’s so important, MacDonald said, to take quick action to prevent the type of tragedy experienced in Williamsville, when Jamey Rodemeyer killed himself after he was bullied for being gay.

“I certainly believe this falls within the purview of [the law],” MacDonald said.

Baker said he agrees with that theory, adding that he has spent nearly his entire career encouraging special needs students to be their best. And he understands that as a coach, he “has to take a fall for something like this.” But he said the term of the suspension is a bit much.

In fact, he said, the parents of the student who was allegedly bullied are fighting for him to get his job back.

“I’m just devastated,” he said. “This is my life. I’ve done this for years and years and years, and now my name is tarnished.”

“I’ve seen a lot in 30 years,” he added. “But nothing like this.”



email: cspecht@buffnews.com

Two arrested for September holdup at Wheatfield store

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A North Tonawanda man was arrested Thursday along with a juvenile male in connection with the Sept. 3, 2012 armed robbery of a Wheatfield 7-Eleven store, Niagara County sheriff’s officials reported.

James Williamson, 24, and the juvenile were each charged with first-degree robbery for allegedly holding up the Plaza Drive store with an apparent handgun at about midnight. Taken during the heist were cigarettes, cash and a donation jar.

A joint investigation between sheriff’s officials and the Niagara Falls Police led to the information that culminated in the arrests.

Both were arraigned in Wheatfield Town Court pending future action in Niagara County Court.

Lockport man indicted on predatory sex charges

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LOCKPORT – A Lockport man was arraigned in Niagara County Court Friday on child sexual abuse charges that could land him in prison for the rest of his life if he is convicted.

Juan Rivera-Stupia III, 31, whose last known address was on Oliver Street, pleaded not guilty to two counts of predatory sexual assault against a child, first-degree course of sexual conduct against a child, aggravated and regular first-degree sexual abuse, and endangering the welfare of a child.

Assistant District Attorney Elizabeth R. Donatello said Rivera-Stupia allegedly abused a girl under age 9 from April through December 2012, including one incident in which the girl was injured with a plastic object.

Donatello said Rivera-Stupia had a sexual misconduct conviction in Rochester in 1999, but he was granted youthful offender status, so he’s not a registered sex offender.

Judge Sara Sheldon Farkas accepted Donatello’s recommendation to increase Rivera-Stupia’s bail from $25,000 to $100,000.

Assistant Public Defender A. Joseph Catalano said it doesn’t matter what the bail is, because the unemployed Rivera-Stupia couldn’t make the lower amount anyway.

Farkas set a tentative trial date of June 17.

In another sex case before Farkas Friday, the court-appointed defense attorney for David J. Grover said plea negotiations are under way.

Grover, 34, of Niagara Falls Boulevard, Town of Tonawanda, is accused of kidnapping and sexually abusing a 5-year-old North Tonawanda girl on July 28.

Grover turned down a plea offer in December, when he was represented by the public defender’s office. Assistant Public Defender Michele G. Bergevin had to withdraw from the case when she belatedly learned that Grover’s brother Kevin, whom she had once represented in a Family Court matter, had testified against David Grover before the grand jury.

The new attorney, David C. Douglas, had a lengthy meeting with Farkas and prosecutors Friday. Afterward, Farkas announced that the case was being adjourned until Feb. 14, which she said would be Grover’s last chance to plead guilty before going to trial March 18.

Douglas said, “Sentencing is the key issue we’re grappling with.” He said if Grover is dissatisfied with the sentence in a new plea offer, the case will go to trial.



email: tprohaska@buffnews.com
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