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Termini talks Elmwood-Hertel project

February 6, 2013, 7:13 am
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He transformed the Hotel Lafayette into a bustling multi-use complex.

He turned aging, obsolete buildings into upscale loft apartments.

Now developer Rocco Termini plans to convert an old furniture store in the Elmwood-Hertel neighborhood into residential, commercial and retail space.

The Buffalo News’ Brian Meyer visited Termini to discuss a number of projects.

Here is a summary of an interview that is part of the weekly “In Focus” series. Watch the full six-minute interview at BuffaloNews.com/video.

Meyer: Let’s do a hypothetical. A friend of yours from out of state calls and says, “You know, I’ve got a chunk of money I’m thinking of investing. I want to do a development project. Should I do it in Buffalo, and if so, what sector should I look at?”

Termini: My answer, of course, would be yes ... I’ll tell him to wait to see what happens with HSBC [Center]. Once we see a lot of the [Class B and Class C office] buildings downtown empty out, there will be a great opportunity to buy those buildings and convert them into mixed-use buildings. And I think that’s where the big opportunity is going to be downtown.

Meyer: Let’s talk about one of your new projects that has ignited a lot of excitement. So many people have passed that old FWS furniture store on Elmwood Avenue, just south of Hertel. What are you planning on doing with this cavernous building?

Termini: It’s really a great architectural building once you really take a chance to look at it. We’re going to be putting apartments in there. We’re going to be putting offices in there. A couple tech companies are going to be occupying those [offices]. And we’re also going to be putting a restaurant and a distillery in there.

Meyer: Why North Buffalo? Why the Elmwood-Hertel area?

Termini: Because I saw the building, and I fell in love with it. I know it can be a great building.

Meyer: But when you look at the building as it exists now, it’s tough to fall in love with it. It’s an ugly duckling on Elmwood.

Termini: It is, but you have to have some vision. Every building that I’ve done is an ugly duckling. That’s where the value is – to pick up buildings that are ugly ducklings and redo them.

Meyer: You’re doing another residential development [nearby].

Termini: It’s a half a block away on Grote Street, and that’s going to be 22 apartments and some retail in that building.

Meyer: We are sitting on the top floor of [the Hotel @ The Lafayette].

Termini: It’s going better than we ever thought it would go. We are booked up every weekend for this year for banquets already ... Our restaurants are mobbed every day. [Every] apartment is rented, and our hotel runs at around 70 percent occupancy.
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Employee accused of stealing from NOCO – twice

February 6, 2013, 1:29 pm
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WHEATFIELD – An employee fired for allegedly stealing cash while working at a NOCO gas station has been accused of returning to the station and stealing again after he was fired, Niagara County sheriff’s deputies said Tuesday.

Eric J. Aquino, 29, of 100th Street, Niagara Falls, was charged in one case with petit larceny and in the second case with petit larceny and trespassing, deputies said.

A store manager at the station, on Williams Road, told deputies Tuesday that Aquino activated a $100 gift card without permission and removed $100 in cash from the register in January. She said the company originally avoided pressing charges – terminating Aquino and asking him to make restitution – but wanted to pursue charges when he made no attempt to repay the stolen funds.

The manager told deputies Aquino returned to the store Sunday, after he had been fired, distracted an employee, snuck behind the counter and took $700 from a locked safe, according to a sheriff’s report.

Aquino was found living at a nearby motel. Deputies said he admitted to the theft saying, “Yeah I took the money from NOCO to pay for rent and get food. I didn’t want to be homeless bro.” He said he used the money to pay rent at the motel, buy pizza and a “little bit of weed.”

Deputies said he was arrested without incident and the cash was found loose in paper coffee cups. A total of $305 was recovered, according to reports.

Aquino was arraigned in Town Court and ordered held in the Niagara County Jail in lieu of $750 bail.



email: nfischer@buffnews.com
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Falls man driving with hands off wheel lands in handful of trouble

February 6, 2013, 1:39 pm
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LOCKPORT – City police monitoring traffic on High Street Tuesday said they spotted a driver who was about to get high.

Robert J. Sczpeczinski, 31, of Weston Avenue, Niagara Falls was stopped in a Toyota Camry at 12:15 p.m. on High, near Washburn Street, for failing to signal a turn, police said. Officers said they spotted him driving by them with his hands off the wheel and apparently lighting a pipe.

Sczpeczinski was charged with failure to control a vehicle steering mechanism, two counts of seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana.

Police said there was a strong odor of marijuana when they pulled over Sczpeczinski’s car. They reported finding two baggies of marijuana under a center console, the pipe Sczpeczinski said he put under the seat, and M&M containers that contained marijuana and several pills that included amphetamine salts and two strips of the narcotic suboxone.
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Lockport man accused of assaulting Amherst woman

February 6, 2013, 1:48 pm
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LOCKPORT – A Cottage Street man was arrested Tuesday after he allegedly lunged at a woman with a serrated kitchen knife over the weekend.

David J. Weeks, 53, was charged with third-degree assault and second-degree menacing, as well as unlawful possession of marijuana, after officers said they came to his house to question him and found baggies of marijuana in the freezer and on a living room table.

An Amherst woman told city police Monday that Weeks had pushed her down while she was at his apartment on Sunday, causing her to injure her shoulder, then he lunged at her with a knife and said he would kill her, stabbing the couch near her injured shoulder.

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Lewiston man who flees crash scene found in ladies bathroom

February 6, 2013, 2:17 pm
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LOCKPORT – Police were forced to chase a man following a rollover crash in the city, tracking his footprints through the snow to a ladies bathroom in a city bar.

David E. Spencer, 26, of Model City Road, Lewiston, was charged with driving while intoxicated, leaving the scene of an accident, unsafe lane change, speeding, failure to keep right, refusal to take a screening test, failure to notify the state Department of Motor Vehicles of changes and obstructing governmental administration.

Police said they rolled up on the crash scene just after 1 a.m. Sunday on Heath Street, near Route 31, and saw the driver run from the site. He was uninjured when he was found in a bathroom in the nearby Casa Montego, officers reported.
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Marijuana recovered in Pendleton traffic stop

February 6, 2013, 5:20 pm
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PENDLETON – Niagara County sheriff’s deputies found six baggies containing more than two ounces of marijuana after stopping a man on traffic charges at shortly after 11 p.m. Tuesday at the corner of Lockport and Aiken roads.

Tyler J. Weeks, 19, of Lockport Road was charged with fourth-degree criminal possession and criminal sale of marijuana, second-degree criminal use of drug paraphernalia, failure to stop at a stop sign and speeding, for driving 68 miles per hour in a 55-mph zone.

Deputies said after stopping Weeks, they noticed a strong odor of marijuana; a search of the vehicle revealed a scale and the marijuana in several places, some in plain view, some in the center console and some under a blanket in the rear of vehicle.
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Repeat drunk driver arrested in Lockport

February 6, 2013, 5:41 pm
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LOCKPORT – Niagara County sheriff’s deputies investigating a case of suspected drunken driving Tuesday learned the suspect had his license revoked six times on alcohol-related charges and for refusing to submit to a chemical test.

Christopher J. Cullen, 51, of Amy Drive, was charged with driving while intoxicated, aggravated unlicensed operation, drinking alcohol in a motor vehicle and operating without insurance, registration and inspection.

A Niagara Hospice employee alerted deputies at 11:20 a.m. Tuesday when Cullen hit a pole in hospice’s Sunset Drive parking lot. Deputies said Cullen had alcohol on his breath and appeared unsteady on his feet.

A check of the vehicle found an open container of beer, according to deputies.

Cullen refused a chemical test, but was taken to Eastern Niagara Hospital in Lockport for observation after deputies said a high alcohol level reading was found on their alco-sensor.
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Wine Trail to celebrate Valentine’s Day early

February 6, 2013, 7:50 pm
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Seventeen member wineries located throughout Niagara County will participate in this weekend’s Niagara Wine Trail event celebrating Valentine’s Day.

The event features area wines paired with local sweets from chocolatiers from Niagara and Erie counties. It runs Friday through Sunday.

Event tickets includes a wine glass from the starting winery and a sweet sample and three tastes of wine at each participating winery.

A complete list of featured pairings may be found on the trail’s website, www.NiagaraWineTrail.org, according to organizers.

Advance tickets are available online through today for $30 each or during the event for $35 per person.

Tickets are good for all three days of the event, which is slated for noon to 5 p.m. Friday; and 10 a.m. to 5 p.m. Saturday and Sunday.

The trail strongly recommends advance ticket purchases at the website and encourages groups to purchase their tickets in a single sale.
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Public meeting to discuss crackdown on crime

February 6, 2013, 7:54 pm
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LOCKPORT – The crackdown on crime and code violations in the Washburn-Genesee area will be the subject of a public meeting set for 6:30 p.m. today in Refuge Temple, 15 Cottage St.

To try to explain the program to the neighborhood, police-community liaison and pastor Mark Sanders set up the meeting between police and the community.

Police Chief Lawrence M. Eggert predicted the “impact zone” program ordered by Mayor Michael W. Tucker would begin to generate complaints about harassment unless its purpose was explained to those affected.
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Town of Lockport creates operations department

February 6, 2013, 7:57 pm
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LOCKPORT – The Town Board voted Wednesday to create a Department of Operations, whose director will be in charge of overseeing all town-owned buildings and land except the highway garage.

The unanimous vote cleared the way for the upcoming hiring of the director, whose salary is expected to be between $50,000 and $60,000 a year.

The appointed director of operations will not usurp the authority of the elected highway superintendent, David J. Miller, but will be responsible for management of the town parks, water and sewer systems, street lighting and all other equipment. The director also will have authority to hire and fire employees in those areas.

“With the growth of the town and the establishment of parks, an increase in the number of buildings and some pending retirements, the Town Board felt it was time to establish this department,” Town Attorney Daniel E. Seaman said. “It’s something that is long overdue for the town.”

The town has three water districts, three sewer districts, a lighting district, three parks and six buildings.

Town Supervisor Marc R. Smith said the expected retirements include that of Ken Banker, the highest-ranking water employee.

Work on town facilities was the main theme at the board’s work session Monday, when it awarded a $33,500 contract to Sicoli Construction of Niagara Falls for security improvements at Town Hall.

Councilman Paul W. Siejak said the contract will include upgrades to doors and windows.

The board also received three bids for improving the facade of the former Carpenters Union Hall on Dysinger Road, which the town purchased in 2011 for $250,000, planning to use it for more office space.

R.B. Mac Construction of Lockport was the apparent low bidder at $62,005. The board may act on that contract as soon as its Feb. 20 work session.

Also, Town Engineer Robert D. Klavoon said the town may need to come up with about $255,000 to rehabilitate the sewer pump station in the Lincoln Village subdivision. It needs new pumps and an emergency generator, he said.

“That pump station hasn’t been touched for 20 years,” he said.

He is prepared to seek bids, but the funding source is still undetermined. There are fund balances in the town’s sewer accounts, but borrowing also is a possibility.

Klavoon said this year’s work agenda also includes flushing sewer lines and using a remote-control TV camera to check for leaks in the Lincoln Village and Carlisle Gardens sewers.

That work in Lincoln Village will cost an estimated $20,000 for 4,500 feet of 8- and 12-inch pipe, he said.

The Carlisle Gardens work will cost an estimated $41,000 for as much as 8,500 feet of pipe. That subdivision’s sewers come in 8-, 10-, 12-, 15- and 18-inch diameters.



email: tprohaska@buffnews.com
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Girl’s death tied to flu, bacterial infection

February 6, 2013, 8:00 pm
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A North Tonawanda girl who died with the flu this week may have also suffered from another health complication.

“Preliminary testing has indicated that the recent death of a Niagara County child may be related to a combined influenza and serious bacterial infection,” the Niagara County Department of Health said in a news release late Wednesday.

The child, a 6-year-old student at St. Amelia School, died Monday evening after being diagnosed in Erie County. She was registered as the area’s first pediatric death from a flu-related cause this winter season, said Dr. Gale Burstein, Erie County health commissioner. Hers is one of a handful of flu-related pediatric deaths across the state.

The child’s name is being withheld at the family’s request.

The Niagara County Health Department stated the girl was previously healthy and had no underlying medical condition. Niagara County Public Health Director Daniel Stapleton also said the child’s death does not mean the virus has gotten stronger.

Both the Niagara County and Erie County health commissioners expressed their condolences to the child’s family and encouraged residents to get flu vaccinations. Burstein noted that the flu season peaks in February and March locally.

“Influenza is a serious respiratory illness and, sadly, can have devastating consequences,” Burstein said. “I urge everyone who has not done so to get a flu shot. This is an effective way to stop the spread of influenza, and this unfortunate incident serves as a reminder that vaccinations are important.”

Health experts have said that while flu-related deaths do occur, pediatric deaths due to the flu virus are very rare, and most people recover at home without medical treatment. Those at greatest risk include pregnant women, children younger than 5, and those with other underlying or chronic health conditions.

Anyone experiencing severe or worsening symptoms should seek medical attention.

Because there have been a few reported pediatric deaths in New York State due to the flu and some doctor’s offices are reporting vaccine shortages, particularly for children, Gov. Andrew M. Cuomo issued an executive order last month allowing pharmacists to administer the vaccine to children as well as adults.

Participating pharmacies may now administer the flu vaccine to children between the ages of 6 and 18 through at least Monday. The Niagara County Department of health also stated that it has the flu vaccine available for adults and children. The appointment line is (716) 278-1903.



email: stan@buffnews.com
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Lockport grants $50,000 to winery in Old City Hall

February 6, 2013, 9:54 pm
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LOCKPORT – A new winery to be operated by two Cambria women may open as soon as Memorial Day in Old City Hall, and the Common Council voted Wednesday to grant them $50,000 toward the start-up costs.

Flight of Five Winery and Local Food Market, as the business is to be known, is to be operated by Jacqueline R. Connelly, formerly of Niagara Landing Winery, and Julie Blackman of Blackman Homestead Farm. Blackman also operates the Farmers and Artisans local food store in Williamsville.

“Jackie is going to be the owner. I’m going to assist as the local food connection,” Blackman said.

The building, at 2 Pine St., is owned by Geise Properties of Newfane, whose principal, Dr. Scott D. Geise, a dentist, was sentenced to 15 months in federal prison in 2010 for health insurance and tax fraud.

“He’s not getting the money,” City Planning and Development Director R. Charles Bell said of Geise.

Connelly said she’s leasing 1,850 square feet on the upper level of the section added to the building in 1893.

The source of the city’s grant was $50,000 in unspent “bed tax” revenue on hotel and motel bills. “This is not [property] taxpayer money,” Mayor Michael W. Tucker emphasized.

The winery on the Pine Street Bridge, directly overlooking the Erie Canal locks, will purchase grapes from other New York growers and make wine on the premises, Connelly said. Work on interior renovations already has begun.

“They’re aggressive. They have business savvy. They have business experience,” Bell said of Blackman and Connelly.

He said Connelly is investing $75,000 of her own money in the new business, which “will get this up and running without incurring any significant debt.”

“It will bring the [Niagara] Wine Trail into our city,” Tucker said. The business also will sell locally produced foods, including hard cider and other items made from produce grown at Blackman’s farm.

Connelly said she plans to make her business a “regional wine hub” for New York wines, as well as offering between five and 10 signature brands of her own.

The mayor said he was excited about having the Flight of Five Winery “right on top of the Flight of Five.”

That’s the original five stair-step locks of the Erie Canal, which are to be restored to working condition. Bids for reconstruction of two of the five locks are to be sought this summer, with construction in 2014.

The city collects a 4 percent tax on hotel and motel bills. After taking 5 percent off the top for administrative expenses, the city sends 75 percent of what’s left to the Niagara Tourism and Convention Corp.

The city’s 25 percent economic development share has been tapped for $17,500 a year by Lockport Main Street Inc., a downtown promotional agency whose funding is guaranteed through 2014.

After that, an average of $7,500 a year is left. Bell said the city Bed Tax Committee, which is supposed to parcel it out, hasn’t met in years, so the money has been accumulating.

The Council voted to resuscitate the committee with seven members: Tucker, City Treasurer Michael E. White, an alderman, a county legislator, a member of the Greater Lockport Development Corp., a member of the city Tourism Task Force, and “a representative of the community.”



email: tprohaska@buffnews.com
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Monopoly: Good-bye iron, hello cat

February 6, 2013, 10:11 pm
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Cat lovers can rejoice.

But fans of clear-starching and Beatrix Potter’s Mrs. Tiggy-Winkle?

Not so much.

It’s now official: “Monopoly” will soon bring in a new gameboard token, a cat – and abandon the old token shaped like an iron.

The Hasbro toy company announced the change this week in an effort to please modern-day game players.

“Oh no!” exclaimed Anne Zukowski, owner of Sunrise Laundry and Drycleaning in Hamburg for 35 years, when she learned of the change. She said she thinks retiring the iron is a tragic mistake.

“It’s always been part of it,” Zukowski said of the board game. “Ironing is a large part of our business.

“Everybody needs an iron once in a while.”

One person who was thrilled with the switch was current U.S. “Monopoly” tournament champion Richard J. Marinaccio, an attorney with the Buffalo firm Phillips Lytle.

Marinaccio has nothing against the iron. But the 30-year-old Amherst resident – who won his title using the thimble token – was concerned that the thimble would be the piece targeted for history’s dustbin.

The thimble’s salvation delighted Marinaccio, who won his title the last time the national tournament was played, back in 2009.

“I would like to express my sincere gratitude to all who voted to save the thimble,” said Marinaccio, in a prepared statement. He added that he plans to use the thimble again at the next U.S. championship.

“Our token would not be safe without your collective efforts,” Marinaccio stated. “I am happy with the outcome and look forward to using the thimble in the coming years.”

The company’s decision follows a period in which game players were encouraged to vote online about which token should be retired and which new piece created.

According to Hasbro, the iron netted just under 8 percent of the public votes. Squeaking by were the wheelbarrow and the shoe, which did only slightly better than the iron, tallies showed.

The thimble got nearly 10 percent, and the top hat snared about 12 percent.

Here’s the way the vote tallies stood, according to Hasbro:

Scottie dog: 28.6 percent

Car: 13.8 percent

Thimble: 9.6 percent

Battleship: 13 percent

Top hat: 11.5 percent

Shoe: 7.9 percent

Wheelbarrow: 7.7 percent

Iron: 7.6 percent

A company spokesman called the toymaker “a bit sad to see the iron go” but said the new cat is “a fantastic choice.”

In Hamburg, Zukowski said she would be happier to see another token go, but not the iron.

But, she admitted, when she plays “Monopoly,” even she takes a different piece around the board.

“I’ve always been drawn to the poor shoe,” she said.



email: cvogel@buffnews.com
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Ash Wednesday is on the move

February 6, 2013, 9:56 pm
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Hamburgers, coffee and now ... ashes?

Taking a page from fast-food chains and doughnut shops, a handful of area clergy are offering “Ashes to Go” to mark the start of the Lenten holy season on Ash Wednesday next week.

Seven area Episcopal priests will distribute ashes outside their churches or in other public spaces, including a couple of Metro Rail stations and the campus of Fredonia State College.

Commuters can even have the sign of the cross traced on their foreheads without leaving their bucket seats.

“Being there when people are looking for God is what’s important,” said the Rev. Vicki Zust, who will meet drivers in the parking lot of St. Paul’s Episcopal Church in Clarence from 5 to 6:30 p.m. “We’re here for whoever will find this meaningful.”

During the morning commute, the Rev. Sean Leonard will distribute ashes from the parking lot of St. Mark’s Episcopal Church in Orchard Park.

“The intention is for people to have that connection with God at least for a few minutes,” said Leonard.

The Rev. Cathy Dempesy and Bishop R. William Franklin of the Episcopal Diocese of Western New York will be at the Allen Street Metro Rail station from 7 to 8 a.m., available to subway riders and passers-by.

The clergy will pray while distributing ashes, in the sign of the cross, on the recipient’s forehead – a Christian mark of repentance that dates back centuries.

“Through this simple act, we hope to create a moment of grace amidst the busy-ness of people’s daily lives,” said Franklin.

Anyone is welcome to receive the ashes, said Dempesy, who is rector of the Episcocal Church of the Ascension, a few blocks from the station.

Ash Wednesday begins the 40-day season of penance leading up to Easter, the holiest day on the Christian calendar.

“Ashes to Go” began in St. Louis in 2007 and spread to 80 churches in 21 states last year.

Episcopal clergy in Kenmore, Dunkirk, Lockport and Westfield in Chautauqua County will be participating this year.

Some fellow clergy and parishioners have bristled at the unusual outreach, saying it trivializes a beautiful church tradition that belongs inside a sanctuary.

Zust said she was aware that some people might scoff at the effort, especially in Western New York, where traditions run deep.

“To some extent, you always worry about that. But then I remember Jesus got scoffed at all the time for taking God into the streets,” she said.

Churches are still offering regular Ash Wednesday services, as well, said Leonard. “Ideally, we’d love for people to step inside for an hour and be part of a service,” he said.

But practically, many people won’t or can’t do that, he said.

Some people are intimidated by churches; others have work and family commitments and can’t spare even an hour on a Wednesday.

Besides, added Leonard, “Jesus never did his ministry inside a church.”

Although informal, ashes will be distributed only by clergy, per the norms of the Episcopal Church.

“It isn’t like we’re just going to be slapping ashes on people’s foreheads. We’re going to pray with them,” said Dempesy. “It’s not like the ashes are some sort of ecclesiastical giveaway. There’s going to be some decorum to it.”

Zust and other clergy said there’s a spiritual craving for the ashes, even among people who don’t regularly go the church.

Last year on Ash Wednesday, about a dozen people that Zust “had never seen before” walked into St. Paul’s Church at different times during the late afternoon seeking ashes.

Zust obliged, even though the church had morning and evening services that included ash distributions.

The experience convinced her that the church should try “Ashes to Go” this year.

The ashes, along with a prayer that reminds recipients that they are dust and will return to dust, “seems to strike a chord with people,” said Zust.

“Something about just taking a moment to reflect on mortality was speaking to them,” she said.



email: jtokasz@buffnews.com
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Winter storm headed this way

February 7, 2013, 4:17 am
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Another winter storm is coming, but this time the Southern Tier won’t be taking nearly the pounding it did last week.

“This is going to be a different sort of system than last week. It’s a low pressure system as opposed to a lake effect storm,” National Weather Service meteorologist Shawn Smith said.

Lake effect involves cold air passing over the Great Lakes, creating narrow bands of snow, while the looming system will be more widespread. The brunt of the storm is expected to hit early Friday and begin tapering off by Friday evening, although some light snow could begin falling tonight, Smith said.

Six to 11 inches is expected to accumulate in the Buffalo Metro Area, including most of Erie and Niagara counties. Only about 4 to 7 inches is anticipated in the Southern Tier, where temperatures will be a bit warmer. It is also possible that the some of the precipitation could become a rain-snow mix, creating up to one-tenth of an inch of ice, Smith said.
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Senecas push state for Rochester casino

February 7, 2013, 4:55 am
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ALBANY – Before the Seneca Nation of Indians pays even part of the $572 million it owes the state and local governments in casino revenue-sharing money, it wants the Cuomo administration to make several concessions, including giving it casino development rights in downtown Rochester.

The Senecas also seek an extension of their current casino compact with the state for Western New York and restrictions on new gambling devices at three area racetrack-based casinos.

They are making these demands during arbitration proceedings, including a session held last week in Syracuse, according to sources who spoke on condition of anonymity.

The Senecas also have said they want to pay less than the $572 million they are holding in escrow for the state and the cities of Niagara Falls, Salamanca and Buffalo, where the tribe’s three casinos are located. The Senecas have argued that the state should be financially penalized for permitting what the Senecas believe are state-sanctioned violations of their casino compact by allowing banned forms of gambling in their casino exclusivity zone of Western New York.

Shortly after the Senecas’ demands were made, the Cuomo administration last weekend proposed to place a new, non-Indian casino in Niagara Falls in direct competition with the Seneca Niagara Casino.

That proposal is seen as a possible state bargaining chip in talks with the Senecas, though Cuomo has earned a reputation for making good on his threats and is said to believe that Niagara Falls could support a new casino.

The Seneca Nation and the Cuomo administration both declined to comment Wednesday, citing a confidentiality order imposed by Judith Kaye, the former chief judge of the state’s highest court who is serving as chairwoman of the three-member arbitration panel hearing the dispute.

Those with a stake in the talks say the sides are clearly at a crucial point and that, in the end, both the Senecas and the Cuomo administration need to come away with some political and financial victories.

“This is the moment. This is the point at which this issue is in the process of being decided. The parties are at the edge of the falls here, if you will, at the point of no return,” said Niagara Falls Mayor Paul Dyster, whose city is owed more than $60 million in Seneca casino revenue-sharing payments.

“They’re either going to look at each other and say, ‘This is crazy. How do we settle our differences?’ Or, they’re going to take one last look at the issue and say, ‘I don’t care if I go down, I’m going to take you down with me.’ Governing is the art of compromise,” the mayor said.

Dyster also said he has no details on any demands by either side in the arbitration case.

But individuals with knowledge of the closed-door proceedings, who spoke this week with The Buffalo News, said the Seneca demands were met with sharp opposition by the state.

The settlement plan that the Senecas proposed includes rights to develop a casino in downtown Rochester. Former Seneca President Robert Odawi Porter first floated the idea of a Rochester gambling hall in 2011.

Since the federal government backed away from allowing Indian tribes to build off-reservation casinos, it is believed the Senecas want Cuomo to add Rochester to the list of seven possible sites where the state might permit a new casino. The Senecas could then seek to develop a Rochester facility, possibly with a non-Indian partner.

The Senecas also have demanded the state ban any new electronic gambling devices at three racetrack-based casinos – Hamburg, Batavia and Finger Lakes – that are within the exclusive gambling zone granted the tribe in its 2002 gambling compact with the state.

The Seneca Nation also has been concerned that the state permitted local racetrack gambling halls to market themselves as casinos instead of “racinos.” Those facilities have gambling but cannot offer table games, such as poker.

The Senecas also want smoking rooms shut down at Batavia Downs Casino, the facility run by Western Regional Off-Track Betting Corp., sources said. That facility is owned by Buffalo, Erie County and other Western New York counties.

The Senecas permit smoking at their casinos, while other betting facilities do not.

Batavia, though, allows smoking for its bettors as a carve-out to the state’s clean indoor air act.

The operators of those track casinos, which provide tens of millions of dollars annually to the state in revenue-sharing payments, are anxiously awaiting the outcome of the state-Seneca arbitration.

One potential result would be an agreement to allow the region’s racinos to have full gambling licenses, with table games and real slot machines, to compete with the Senecas.

In the event that does not happen, which appears certain if Cuomo has his way, the racetracks want to be shielded from new gambling competition.

“My only concern is if the arbitration award is upheld and we can’t have anything other than what we have,” said Dennis Lang, chief executive officer of Buffalo Raceway and its Hamburg Casino at the Fairgrounds. “That’s OK, as long as you give some type of protection that you wouldn’t have another full-fledged casino in Orchard Park or Buffalo or someplace like that. If we were able to have a full-blown casino here, that would be great. If we can’t, we need some protection, and that’s OK, too.”

Another racino operator appeared unconcerned about the Seneca-Cuomo dispute.

“I can’t see any effect on us or the other two casinos in Western New York by the arbitration. That’s the opinion of our legal counsel,” said Michael Kane, president and chief executive officer of Western Regional Off-Track Betting Corp.

Officials with Buffalo’s Delaware North Cos., which owns the Finger Lakes Casino and Racetrack, did not respond to requests to comment.

Another demand that Seneca negotiators have put on the table is an extension of the casino compact signed in 2001 by then-Gov. George E. Pataki and then-Seneca President Cyrus Schindler.

The compact, which took effect in 2002 after approval by the State Legislature, expires in 2016, though there is a provision for an automatic renewal period of seven years if neither party objects.

The tribe wants at least the additional seven years guaranteed as a way to protect its exclusivity arrangement and pave the way for future investments that might be financially difficult if the compact expired, sources said.

Dyster, the Niagara Falls mayor, said he hopes the state and tribe can come to a negotiated settlement before an arbitration decision, which could cause additional problems by making one side the clear winner or loser.

The Senecas, he said, need to come away from the dispute with their sovereignty unblemished and with guarantees for future financial success to build off the 2002 compact. The state, he said, does not want the Senecas to be part of any opposition campaign to Cuomo’s statewide casino-expansion effort, if the plan goes to voters in a November referendum.

The state might win the arbitration battle, he said, but the Senecas are not without clout.

“The Senecas still have a ton of money, and then they could engage in a statewide lobbying effort to sabotage what the governor is trying to do in terms of his program bill and casino referendum,” Dyster said.

Niagara Falls is “kind of stuck in the middle of this thing,” he said, noting that the Senecas’ fight for exclusivity works financially for the city, while the state fighting to get money the state and localities are owed also works.

If there was one silver lining Wednesday, Dyster said, it is that the Cuomo administration and the Senecas were not discussing the closed-door talks with The News.

“Both sides have respected Judge Kaye’s wishes that the matter before the arbitration panel not be discussed. I find it hopeful that they’re both respecting the rules of the game,” he said.



email: tprecious@buffnews.com
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Falls schools eye digital update to ban on student-staff fraternizing

February 7, 2013, 11:47 pm
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NIAGARA FALLS – Recognizing the increasing use of electronic social networking sites, city school administrators are modernizing their policy to make sure that students and staff understand that fraternization is forbidden even if it is done digitally or outside the classroom and not face-to-face.

“Frequent personal communication with a student unrelated to course work or official school matters [includes] but is not limited to voice or text-based communication via phone, email, instant messaging, text messaging or through social networking web sites,” according to a policy draft presented Thursday to the School Board.

It is part of a much larger revision of school district policies that is a work in progress and will be presented later to board members for their final approval.

Maria Massaro, the district’s administrator for human resources, said the newly written draft does not change the long-standing policy that the staff “must establish appropriate personal boundaries with students and not engage in any behavior that could reasonably lead to even the appearance of impropriety.”

Massaro said the intent is to make it clear in writing that prohibited fraternization between staff and students includes contact through the proliferation of new channels of communication.

Even if a student participates “willingly” in the activity, and regardless of the student’s age, “inappropriate fraternization of staff with students is against district policy and may be in violation of professional standards of conduct and New York State law,” according to the policy.

Inappropriate employee behavior includes “flirting; making suggestive comments; dating; requests for sexual activity; physical displays of affection; giving inappropriate personal gifts; frequent personal communication with a student unrelated to course work or official school matters; providing alcohol or drugs to students; inappropriate touching; and engaging in sexual contact and/or sexual relations,” the policy states.

School employees are expected to maintain “a professional, ethical relationship with district students” conducive to a safe learning environment.

Violation of district policies can lead to firing and the filing of criminal charges.

Students, school employees or third parties who know of any inappropriate staff behavior are to report it to the school administration for investigation.



email: rbaldwin@buffnews.com
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Snow should break for evening commute

February 8, 2013, 10:15 am
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You aren’t the only one looking to get an early start to the weekend.

The winter storm that dumped nearly a foot of snow north of Buffalo will take a break around 3 p.m. today, forecasters said, just in time for road crews to clear a path for the evening commute.

State plow crews were working furiously in Amherst and Tonawanda to clear the five inches of snow that fell late this morning and early this afternoon. Nearly a foot of snow fell in Niagara County.

If they are successful, travelers will have a relatively easy commute this evening, forecasters said, despite the possibility of icy roads in the Southtowns.

“As long as they can clear the roads for the evening commute, it shouldn’t be too bad,” said Dave Zaff, meteorologist for the National Weather Service. “The main arterials should be OK by 5 p.m.”

The snow is expected to pick up later in the evening and continue steadily, dumping between 6 inches and a foot of snow throughout the region.

The Northtowns and Niagara County should register the highest totals, Zaff said, as slushy snow started falling there earlier in the morning.

Snow in the Southtowns, metro Buffalo and Ski Country picked up around lunch time, measuring between 1 and 4 inches.

A persistent morning rain in Lackawanna, Hamburg and other Lake Erie shoreline towns did not freeze as much as expected, Zaff said, taking away some of the danger of the evening drive home.

But travelers should remain vigilant, he said, because not all roads have been salted to the same extent.

Buffalo was spared from an early morning snowstorm that dumped six inches on Niagara County, but the Queen City got its due this afternoon.

Heavy flakes fell downtown and in the suburbs, making the Northtowns difficult to maneuver as plows made their second big push to clear the roads.

Niagara County got the early brunt of the snowfall that is now sweeping across the region.

Five inches of snow fell in Niagara Falls this morning, causing minor accidents and a temporary closure of the Interstate 190 northbound.

Steady snowfall started after 7 p.m. in the Falls, pushing crews onto the streets to clear a snow that slowed traffic on the main arterials and caused an hour-long bottleneck on the North Grand Island Bridge.

That snow band drifted along the Lake Ontario shoreline, dumping heavy snow on Lewiston, Wilson and other lakefront towns.

Youngstown looked like a ghost town this afternoon, with windy snowdrifts forcing locals into coffee shops or back into their homes.

And in Amherst, roads were dicey because of a steady, slushy snow that plows are battling to clear.

On the Buffalo waterfront, the snow seemed to pick up suddenly after a mostly clear morning.

Most flights at Buffalo Niagara International Airport were running smoothly this morning and afternoon, although two dozen flights – fewer than one quarter – were cancelled coming into the airport through the evening hours.

email: cspecht@buffnews.com
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Falls burglar draws 15-year prison term

February 8, 2013, 12:24 pm
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LOCKPORT – Niagara County Judge Sara Sheldon Farkas on Thursday sentenced Edward D. Brundidge, a serial burglar from Niagara Falls, to 15 years in state prison and five years’ post-release supervision for his latest spate of break-ins.

Brundidge, 53, had been sentenced in 1996 to 13 years behind bars for another crime spree. This time, he pleaded guilty to two counts of second-degree burglary for break-ins at homes on Orchard Parkway Sept. 30 and Cedar Avenue Oct. 3.

Assistant District Attorney Joseph A. Scalzo said in making the plea deal, he dismissed six other cases and agreed to not to seek a life sentence for Brundidge as a persistent felon.

Assistant Public Defender Michael E. Benedict said of Brundidge, “His [25-year] criminal history coincides with the beginning of his drug use, crack cocaine.”
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North Tonawanda man placed on probation in domestic violence case

February 8, 2013, 12:24 pm
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LOCKPORT – A North Tonawanda man who pleaded guilty to two felonies in a domestic violence case was placed on five years’ probation this weekby Niagara County Judge Sara Sheldon Farkas.

Aaron C. Swierszcz, 39, of Miller Street, had admitted to attempted second-degree assault and first-degree criminal contempt of court.

He was charged with assaulting a woman four times between July 7 and Dec. 27, choking her on the last occasion, all in violation of a restraining order.

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