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On the brink of amazing

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Good intentions may finally turn into a well-paved, parklike road to Buffalo’s outer harbor, as a long-simmering plan to upgrade and beautify Ohio Street heads toward reality.

Ground could be broken as soon as this fall for the reconstructed tree-lined, two-lane boulevard.

Instead of navigating a gravelly shoulder or crumbling sidewalk, pedestrians will have crosswalks, and cyclists will roll along 12-foot-wide bike paths.

For a mile and a half, from Michigan Avenue to Ohio Street’s terminus at Route 5 near Tifft Farm Nature Preserve, there will be new LED street lighting and 21st century water lines, gas lines and sewer lines.

And one more feature for the weary travelers.

“The pavement is going to be fantastic,” according to the project’s senior manager.

That will all be quite a change for Southtowns commuters, wandering concertgoers and confused cyclists trying to find their way to the waterfront south of the Buffalo River – a route that seemingly has been one of the great secrets of the city.

“A lot of people don’t know Ohio Street exists,” said Rep. Brian Higgins, D-Buffalo, who has been pushing the project.

When finished in 2015, the upgraded road will link the already vibrant Canalside development at the foot of Main Street and the parks, beach and marinas on the city’s lakefront. The $12.8 million project was approved this week by the Erie Canal Harbor Development Corp., which will oversee the work with the state Department of Transportation, assistance from the city and $8.8 million in federal funding.

“It’s one of those game-changers,” said Higgins, who worked with Mayor Byron W. Brown to help revive the project last fall when its federal funding was threatened. “It will create a ‘land bridge’ to the outer harbor.”

Rick Smith, a community activist whose family has owned Rigidized Metals on Ohio Street for 70 years, said Thursday he is happy the project is now funded.

“It took awhile for the powers that be to understand how vital a connection [Ohio Street] is to the outer harbor,” he said. “Ohio Street is really the Buffalo River.”

And the river, along with the rest of Buffalo’s waterfront, is the city’s future, said Smith, who helped found Buffalo’s Boom Days and River Fest celebrations.

“We need to make more use of this city’s cool attributes,” Smith said, “and this will give us some momentum – we need to get people back on the water. If we can get some of these things right, it gets some of the excitement back.”

There has been some attention given to Ohio Street in recent years, or at least small parts of it.

River Fest Park was developed near the Michigan Avenue end of the street in 2011; there also is now a launch for kayaks and canoes near the park.

Many of the improvements won’t be visible to the public but are key to making the area more environmentally sound and suitable for development, said senior project manager Steven Ranalli at Empire State Development, parent agency of the harbor development corporation.

He ticked off the list of upgrades to utilities, adding that plans include having connections ready to go to make the area’s many vacant lots more “shovel ready.”

In addition to pointing out that the road surface will be “fantastic,” he said, “There will be an overall significant reduction in pavement,” and the surface on the parking lane and bike paths will be permeable, reducing rain runoff into the river.

He also said the agency is working with utility companies to go underground with all power, telephone and cable lines in the “neighborhood” area between Michigan Avenue and the lift bridge.

Along with much better signs to direct travelers between the city and harborfront venues, he said, there will also be a number of historical markers, created with input from local historical and preservation groups.

Work is expected to begin by November, Ranalli said, and be under heavy construction through 2014, with trees and landscaping installed in time for a ribbon- cutting on Memorial Day 2015.

No large-scale road closures are planned, he added, though there may be a detour from Louisiana Street to South Park early on to expedite work near River Fest Park in time for summer 2014.

Pete Gallivan, a spokesman for Erie Canal Harbor Development, also said the Ohio Street lift bridge itself will not be changed, but plans are to “beautify” it with lighting that is now being designed.

Higgins, a frequent and vocal critic of the Skyway, said this project is not taking the place of his efforts to have the long and winding bridge taken down. But he noted that by directing more people to Ohio Street, it will help the public see there are other options to crossing the Buffalo River.

“We really want to make Buffalo a great waterfront city,” Higgins said, noting the millions of dollars of private investment now being made near Canalside – the Webster block development, renovation of the former Donovan State Office Building and construction on the site of the old Memorial Auditorium.

This is the start of something big, he maintained.

“The next 24 months of projects will transform Buffalo for the next 100 years,” he predicted.



email: mmiller@buffnews.com

Tree planting blitz targets medical campus

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The weather Saturday may have been a tad uncomfortable, but waterlogged soil and chilly temperatures provided ideal conditions for the task at hand.

In Buffalo and nine suburbs, 600 trees were planted through Re-Tree WNY.

“As much as people complain about the rain ... this really is a good thing,” explained Paul D. Maurer, Re-Tree’s chairman, as he stood amid the site of a “special signature planting” in the Buffalo Niagara Medical Campus neighborhood.

“The rain has worked the soil nicely. We had no trouble digging in,” Maurer said.

Further, trees need to be planted in cold weather, when they’re dormant.

It wasn’t even close to lunchtime Saturday when approximately 80 to 90 volunteers finished planting 68 trees around the medical campus. Elms, oaks, lindens, lilacs and crabapples were among the 20 species planted along Washington Street and adjacent thoroughfares.

Though plantings also were taking place in nine suburbs – including the Tonawandas and Towns of Amherst and Cheektowaga – the Medical Campus event had a special billing.

Re-Tree typically works with smaller community groups, like block clubs and church groups, coordinated through a municipality. A signature planting is more like a general call.

“We bring people from all over to do it to have a big impact,” Maurer said. “Today, we got done in record time.”

The signature site planting was in response to a request from Buffalo Niagara Medical Campus Inc., the non-profit umbrella organization representing the institutions located within.

“We’re really growing here and want to do it in an environmentally friendly way. One of the easiest ways to do that is trees,” said Jamie Hamann-Burney, a planner for the medical campus who was among those planting Saturday.

The goal is to improve the landscape of the campus and make it more inviting, he said.

“We’re hoping to do it again in the fall," said Hamann-Burney, who called Saturday’s efforts the first phase of “Re-Tree BNMC.”

The City of Buffalo’s Department of Public Works, Parks & Streets helped with logistics, Maurer said.

The city has a geographic information system [GIS] survey indicating what planting locations are available, among other things.

“It was pretty barren, actually, and needed it,” Maurer said of the medical campus neighborhood.

Information about what was planted by Re-Tree volunteers, and where, will be reported back to the city.

Saturday marked the 13th planting by Re-Tree WNY, which was formed in the wake of the October 2006 snowstorm that damaged or destroyed as many as 60,000 trees in the city and nearby suburbs. Since Arbor Day in 2007, Re-Tree has planted almost 25,000 trees out of its goal of 30,000.

Another “signature” planting is scheduled for next Saturday in Buffalo’s Old First Ward. Visit www.re-treewny.org for more information.

jhabuda@buffnews.com

State law means no tax break for Mantelli Trailer

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LOCKPORT – Recently passed legislation to prevent industrial development agencies from assisting most retailers has blocked aid to a Lockport recreational vehicle dealer.

Mantelli Trailer Sales went before the Town of Lockport IDA in January to seek a 10-year property tax break on a $1.5 million expansion project.

Town Economic Development Director David R. Kinyon told the IDA board Thursday that the IDA reform bill put an end to that idea.

“I have informed Mantelli Trailer that their project would no longer qualify for IDA assistance,” he said.

“We expect to go ahead with the project anyway,” said Kim Watson, who owns the business with her husband, Mark.

The plan was to build an entirely new store and tear down the dealership’s three existing buildings.

“Some of that might take longer than we thought,” Watson said. “It’s disappointing.”

“I think they’re going to do it on a staged basis over a couple of years,” Kinyon said.

“There’s a lot of factors involved in it now. There’s nothing definite,” Watson said.

The tax abatement would have saved Mantelli Trailer an estimated $135,000 over 10 years.

Kinyon said the state reform bill restricts retail aid to “depressed areas,” which in practice means almost exclusively poor urban areas.

In other matters at the town IDA meeting, Kinyon said Yahoo will go before the Niagara County Planning Board Monday and the town Planning Board Wednesday to gain site plan approval for its $168 million expanded data center in the town industrial park off Junction Road.

Also, Yahoo will go before the town Zoning Board of Appeals April 23 to obtain a height variance for the data center.

Yahoo is to receive an 18-year property tax break and a 20-year sales tax exemption on the materials needed to build and equip the three-building second phase of the data center.

Kinyon said a customer call center, which was thought to be planned for a separate building, now will be placed in the central administrative building of the three-building expansion.

Yahoo employs 77 people in its current five-building data center. The expansion is expected to add 115 jobs.

IDA Chairman Thomas A. Sy said that at a recent lunch at the data center, a Yahoo vice president told him that the company will be seeking temporary space in Western New York to open a call center even before the Lockport project can be built.

Sy said Yahoo has 10 or 11 call centers, only one in the U.S. “He said 85 percent of their call volume is handled internationally. They want to change that,” Sy said.

A Yahoo spokeswoman confirmed Sy’s report.

Kinyon said the revised site plan is being prepared at “double-time” to get it ready for Monday’s county session.

The IDA plans a public hearing and vote on the tax package for 9 a.m. April 25 in Town Hall.

Also, Kinyon said McGuire Development will likely sign an agreement with the IDA to develop a multi-tenant facility in the industrial park in time for action at the board’s May 9 meeting.



email: tprohaska@buffnews.com

Judge denies Barnes new hearing in ’86 killings

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LOCKPORT – Niagara County Judge Sara Sheldon Farkas changed her mind last week and refused to hold another hearing for a Lockport man convicted of a 1986 double murder.

Farkas was angered when defense attorney Dominic Saraceno sought to force the District Attorney’s Office out of the case.

She reacted by canceling the hearing she had scheduled on whether the public defender who originally represented William J. Barnes Jr. withheld a plea offer from him 27 years ago.

“Take him back [to prison]. I’m not going to let these issues become eternal. If I’m wrong, so be it. He can take it to the next level. I’m not letting these cases go on forever and spending the taxpayers’ money on something that happened 15 or 20 years ago,” Farkas said.

Counting appeals, this was Barnes’ ninth attempt at winning a new trial since a jury in January 1987 convicted Barnes of murdering his girlfriend, Irene L. Bucher, 21, and William R. Moffitt, 35, on Jan. 7, 1986, when Barnes caught them having sex in the apartment Barnes and Bucher shared on Park Avenue in Lockport.

In March 2012, the U.S. Supreme Court opened a new angle for Barnes to pursue. It ruled in a Missouri case that if a defense attorney withholds a plea offer from his client that the defendant and the judge would have accepted, a conviction can be overturned.

Court minutes from 1986 show that a plea offer with a sentence of 25 years to life was made to Barnes’ attorneys, Joseph L. Leone Jr. and the late Robert A. Rotundo.

This apparently occurred in a private conference among the prosecutor, Stephen A. Shierling; County Judge Aldo L. DiFlorio; and the defense attorneys. There was no stenographic record, and the minutes don’t say if Barnes was there.

Barnes, now 50, said in a Buffalo News interview at Wende Correctional Facility in November that he wasn’t present.

But a letter he wrote to Leone in September 1986 said that he would be willing to take a 25-to-life sentence.

Leone told The News that Barnes rejected the plea offer. Barnes went to trial in January 1987 and was convicted of two counts of second-degree murder. DiFlorio sentenced him to two consecutive sentences of 25 years to life.

“I granted this hearing out of an abundance of caution,” Farkas said. “I have since been told by a judge on the Court of Appeals that if I have an affidavit from an attorney who says a plea bargain was communicated, I shouldn’t even be having a hearing.”

Public defender Saraceno said a special prosecutor was necessary because Leone and current District Attorney Michael J. Violante were law partners at the time of the trial.

Leone told The News that he and Violante didn’t join forces until after the Barnes trial, in which Violante played no role.

“I think there is an appearance of impropriety,” Saraceno argued, and as he pressed the point, Farkas erupted and canceled Barnes’ latest day in court.

There may be another. Barnes submitted a new motion, alleging that his rights were violated because the jury selection process at his trial was not transcribed.

“I have an affidavit [from DiFlorio’s court reporter] that says that was the ordinary procedure then,” Assistant District Attorney Thomas H. Brandt said. Procedures have changed, and jury selection is always transcribed in County Court now.



email: tprohaska@buffnews.com

Police suspect burglary of Cayuga Drive bar may be inside job

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NIAGARA FALLS – Police said they are investigating a possible employee connection in the Friday morning burglary of Poppy’s Place on Cayuga Drive.

Surveillance cameras showed a man wearing gloves and a bandanna over his face entering the bar about 5:10 a.m. and heading straight to a cabinet where the “money bag” is stored, police said. The burglar grabbed the bag containing $400 and two bottles of beer before leaving, police sdaid.

Police said that the employee appears on the surveillance video a short time later, entering the bar and leaving the owner a note before taking three bottles of beer and leaving. A door to the tavern was forced open and a window broken, resulting in $300 worth of damage, police said.

State lawyers fund pays back victims of fraud

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A total of 187 people victimized by 60 lawyers were repaid $5.4 million in 2012, according to Timothy O’Sullivan, a spokesman for the state’s Lawyers’ Fund for Client Protection.

The overall sum includes $417,818 repaid to eight clients victimized in the eight-county Eighth Judicial District, based in Buffalo.

One client of lawyer Kenneth F. Bernas recouped $376 in legal fees last year. However, over the past three years the fund – financed by fees assessed to the state’s more than 298,000 registered lawyers – reimbursed 33 Bernas clients more than $1.2 million, O’Sullivan said.

Bernas, 56, has been incarcerated in Groveland Correctional Facility since 2011. He is serving a prison term of 2∑ to 7 years that State Supreme Court Justice Penny M. Wolfgang imposed upon his conviction on multiple grand larceny charges. Wolfgang also ordered Bernas to pay back another $1.8 million in the criminal case. He is not eligible for parole consideration until February 2015.

About $500,000 from the sale of a $2 million mansion Bernas had built in East Aurora was used to reimburse clients he defrauded over the years, O’Sullivan said.

Also last year, the fund repaid a total of $160,264 to a Grand Island woman and the estate of a Wheatfield man, both swindled by disbarred Niagara County attorney Robert J. Niemel, as well as $251,478 to three clients of former North Tonawanda lawyer David R. Schnell. Both lawyers received jail terms in those cases.

Also, the fund reimbursed a Buffalo couple the $4,300 they paid Buffalo attorney Richard L. Baumgarten for legal fees in an ineffective criminal appeal and $1,400 to clients of attorney Alan E. Fielitz of Lackawanna.

In 2009, Fielitz was sentenced to weekends in jail for defrauding six people who received $102,000 from the lawyers’ fund several years ago.

Baumgarten was suspended from practicing law but later reinstated and, at the time of his death in 2007, he was considered a lawyer in good standing, O’Sullivan said.

In its 2012 annual report, the seven-member board of the Lawyers’ Fund thanked the following Western New York lawyers for assisting victimized clients: John G. Brenon, Donna L. Haslinger, Robert E. Nicely, Mark E. Saltarelli and Douglas Trumpler of Erie County; Thomas D. Williams of Genesee County; and Richard I. Reitkopf and Brian Shiffrin of Monroe County.

The Lawyers’ Fund was created in 1982 by the Court of Appeals in Albany. Since then, it has paid out $163.7 million to 7,255 people victimized by lawyers statewide.

O’Sullivan pointed out that the most common cases are attorney thefts from real property escrow funds.



email: mgryta@buffnews.com

Falls burglary victim has hunch crime was triggered by spurned invitation

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NIAGARA FALLS – The resident of a Fifth Street home burglarized Friday night suspects the perpetrator was a visitor to the home earlier in the day who had asked him about “doing some break-ins.”

A bedroom window to the home was broken out between 7 and 11:30 p.m. and a 19-inch flat-screen television, X-Box 360 videogame system and four game cartridges were stolen. The loss was placed at $460. Police said the visitor, who had played videogames, left in a huff after his burglary overture was rejected.

Falls woman accused of attempt to smuggle pills into jail

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TOWN OF LOCKPORT – A Niagara Falls woman was arrested Friday afternoon for attempting to smuggle 13 pills into Niagara County Jail, authorities said.

Gina M. Kiesinger, 23, of Monroe Avenue, was charged with promoting prison contraband at 2:40 p.m., after jail officials discovered the pills during a search, authorities said. Deputies said further charges are possible.

Shot fired into DeVeaux-area home follows break-in attempt

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NIAGARA FALLS – A gunshot was fired into a DeVeaux-area home early Friday after an unsuccessful break-in attempt, police said.

The shot, fired about 2:30 a.m., penetrated the e rear door of a McKoon Avenue home and ricocheted off the floor and wall, police said. The bullet was recovered.

Officers said muddy footprints showed someone had attempted to kick in the door. Damage was placed at $260.

On Delaware, devoting a day to Dickinson

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Legendary 19th century poet Emily Dickinson was remembered in a big way Saturday, with the marathon reading of all 1,789 of her poems over 14 hours.

From 8 a.m. to 10 p.m., members of the community, Dickinson fans and even a few newsmakers took turns reading her poetry aloud.

The event, which was free to the public, was held in the Holmes Chapel of Westminster Presbyterian Church on Delaware Avenue. Anyone was welcome to stop by and read or just kick back and listen.

Paying homage to the 19th century American poet was a way to celebrate National Poetry Month, organizers said.

“This is a wonderful and fun way to get to know the extraordinary corpus of Dickinson’s poems. Hearing the poems read in different voices brings to life the many ways they can be spoken and understood,” said Dickinson scholar Cristanne Miller, who is also a SUNY distinguished professor and chairwoman of the University at Buffalo English department.

Dickinson was honored because “she’s the only poet that we’re aware of whose entire work can be read in one day. Lots of poets have less work, but there’s no poet that comes to mind who has so many short poems,” said Ansie Baird, who helped Miller organize the event.

“We picked her because her poems are short, they are perfect for reading. No one of her poems is larger than a few stanzas,” Miller said.

About 250 people attended the debut Dickinson marathon in 2009. Organizers expected an even larger group this year.

Most of Dickinson’s poems were published after her death. At Saturday’s event, participants sat in a circle and took turns reading the poems in the chronological order of their publishing in, “The Poems of Emily Dickinson,” edited by Ralph W. Franklin.

“In this way, the reader and listeners get an understanding of how Dickinson matured over the years,” Miller said.

“Her early poems are different than the latter ones, when she becomes solemn,” Miller added. “Many of her early ones are about nature. Many are whimsical. They also are not quite in the meter and structure like later poems [that] become a little shorter and a little more abstract.”

Many of Dickinson’s works were “very witty. There are poems about spring. There is one that says, ‘It will be summer - eventually,’ ” Miller said. “That’s just perfect for Buffalo.”

Another trademark of Dickinson’s poetry is that there are no titles on her work. Every poem is known by the opening, Baird said.

“Emily Dickinson is deep, deep, deep. She was a woman of enormous complexity,” Baird said.

Some of the readers scheduled for the event included UB President Satish Tripathi, Mayor Byron W. Brown, former Rep. Kathy Hochul, Tony Award-winning actor Stephen McKinley Henderson and the Rev. Thomas Yorty of Westminster Church.

The readers did break for a musical performance by Bolts of Melody, a group made up of Buffalo residents and UB graduate students, which sang five songs set to Dickinson’s poems.

Attendees also were treated to refreshments, including samples of “black cake,” a rich, molasses-based fruit confection often served by Dickinson, who was an accomplished baker, Miller said.

The marathon reading was presented by the UB Department of English, Just Buffalo Literary Center and community volunteers.



email: dswilliams@buffnews.com

Suspect in stabbings of two arrested after crashing into Michigan Avenue bar

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Two people were stabbed in a Carlton Street apartment and their attacker arrested early Saturday after a crash, Buffalo police said.

Keith Dejournette, 59, of Carlton Street, was listed in serious condition in Erie County Medical Center, after being stabbed in his left leg and ear, according to police and hospital officials.

His daughter, Candace Stewart, no age available, also was stabbed in her lower left leg when trying to defend her father. She was treated in ECMC and released, a hospital official said.

Meanwhile, Lloyd Evans, 50, no address available, was arrested in the attack and charged with first-degree assault and criminal trespass, according to police.

The attack occurred about 12:30 a.m., when Dejournette returned to his Carlton Street apartment and found Evans in the living room with Stewart, police said. The attack occurred after Dejournette told Evans to leave, police added.

Evans, who was chased out of the apartment, drove off but was apprehended on Michigan Avenue, where he drove his car into a bar, police said.

Marilla boosts compensation fund to $250,000

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The Marilla Town Board voted last week to boost the compensation reserve fund to $250,000 – an increase of $50,000.

Supervisor George Gertz said he was recommending the boost as a hedge against any major catastrophe. The reserve fund has been self-funded since 2008 through the Upstate New York Municipal Workers’ Compensation Program and serves a group of towns, villages, ambulance services and fire districts.

On other issues:

• Gertz noted a resident of Greenwood Terrace – the first water district created in the town in the 1980s – asked what it would cost to link up to the district. Gertz said he would research the cost.

• Councilman Warren Handley released a list of concerts and events planned for this summer, including six events on Thursdays in July and August. There also will be two Sunday events: a Memorial Day celebration getting under way at 1 p.m. May 26, featuring a parade along Two Rod Road, and free hot dogs served by the Kiwanis Club, with veterans of the Korean and Vietnam wars honored in a ceremony at the pavilion on Two Rod Road; and Agricultural Day on Sept. 15. Handley said a list of events will be mailed to residents by the Town Clerk’s office.

• A public hearing was scheduled for 7:30 p.m. May 9, before the Town Board meets, on a special events permit request for a parade by the Marilla Fire Company during the annual Firemen’s Carnival in June.

• The board approved rezoning a portion of land owned by Leon Berner on Clinton Street and scheduled a public hearing for 7:40 p.m. May 9.

• Council Member Beth Ackerman was reappointed to the Erie County Environmental Council, which meets the third Tuesday of each month in West Seneca.

• Assessment Grievance Day will be held May 30 in Town Hall, 1740 Two Rod Road.

• The board OK’d Tri Town United Soccer Club’s request to use the Eastwood Road soccer fields for the 2013 season.

Former Dairy Princess credits internship for building farm skills

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DAYTON – A former 4-H Dairy Princess will return to her home and family in a few weeks after earning a bachelor’s degree in dairy science and serving a 600-hour internship at one of the most prestigious dairy farms in the country.

Amanda Elsholz completed her final hours on the Mason Dixon Farms in Gettysburg, Pa. She said the experience was eye-opening and taught her many new skills. She will return to SUNY Cobleskill to do a presentation on her experiences and turn in her final paper.

Elsholz said she always enjoys her experience with animals and credits her father, Steve, with getting her involved.

“My dad used to work on dairy farms, and he really encouraged me to try 4-H,” she said.

Initially, Elsholz got involved with beef cattle, but she eventually switched over to the dairy program.

“Once I started to learn about dairy cows, that was it,” she said.

Elsholz, the 2008 Cattaraugus County Dairy Princess, vowed to help young 4-Hers learn about all the benefits of farming and agricultural business.

She said she was impressed with the recycling and sustainability efforts at Mason Dixon Farms, where she had her internship.

She lived with the Doyle Waybright family, which is part of the eighth generation running the family-owned farm. She said they carry their recycling efforts into their home life, where they use waste for compost and carefully sort plastics and other reusable items.

“They are proud to say they run the farm on ‘cow power’ since 1979,” she said.

The farm uses manure as a source of methane gas, which is converted to energy to run the farm. There are about 53 employees at the farm and about 2,600 cows.

Elsholz said she was fortunate to get an internship, as only two are offered each semester.

On the farm, a typical day for Elsholz started at 6:30 a.m. and lasted until about 5 p.m. She learned to identify cows by their tags, collars and transponder devices, and she helped push the cows into the robotic milking devices.

Elsholz also learned to look for signs that cows might be getting ill and to separate them for further evaluation by the staff.

She said one of the most valuable lessons she learned was to be aware and listen all the time.

“There are lots of situations where you could get hurt, so you learn to listen to the sounds of machinery, watch out for the movement of cows and keep aware at all times,” she said. “It is nothing like I thought it would be when I was in 4-H.”

Elsholz has hopes of landing a job in the dairy industry back in Western New York. She said she thinks her new skills and experiences will help her be watchful and anticipate issues. She said she also gained experience with modern tracking technology that helped her to be aware of potential issues with the animals.



email: citydesk@buffnews.com

Teens find dream dresses at gown giveaway

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Brianna Horrigan was surprised to see all the silky, sparkly dresses on racks in a rainbow of colors as she ventured into the Hamburg dance studio, where eager girls had waited in line outside for the start of the prom gown giveaway.

“I didn’t think there would be as many gorgeous dresses as there were,” said Horrigan, 16, a junior at Eden High School, holding up a the dress with sequins and frills in a bright shade of baby blue she had ultimately chosen.

“It definitely helped with money,” she said Saturday afternoon. “Not a lot of people have money and I’m definitely one of those people.”

Finding a dress at the fourth annual Shopping Days, which she saw advertised on a poster at school, was an alternative to buying a dress with “money that I didn’t have.” The event, which also will be held from noon to 3 p.m. today in the Performing Arts Dance Academy, 206 Lake St., is the first of two giveaways in the region.

Collected with the help of dry cleaners and volunteers, the free dresses are intended to ease the burden of an increasingly expensive rite of passage. Dresses for a formal dance can cost from $100 to $200, and many tux rentals cost close to that. Tickets to the Eden prom are $70 each, a typical price.

“It’s ridiculous,” said Horrigan, who works at a farm taking care of horses to earn the money to cover her prom expenses.

Shopping Days was the culmination of months of organizing by County Legislator Lynne Dixon, I-Hamburg, and her staff and other volunteers. Last month, they collected about 600 lightly worn dresses from Urban Valet dry cleaner locations, as well as from a school and even from an exercise class for moms.

This year’s event, said Dixon, was the best so far, with more dresses donated by more people. From the start on Saturday, the girls rushing to cars with gowns wrapped in protective dry cleaner bags were grateful.

“The first couple of girls that came through, they found the dresses that they wanted and they were very excited,” Dixon said. “It makes me feel happy.”

Dixon launched the project after the Eden Boys and Girls Club asked for a giveaway similar to one held in Buffalo.

The ninth annual Gowns 4 Proms will be held at Shea’s Performing Arts Center from 3 to 7 p.m. Monday, Tuesday and Wednesday. All interested girls are welcome and should register through their school or online at colvincleaners.com, said Tony Billoni, owner of Colvin Cleaners, an organizer of the event.

Billoni said he likes helping families save on what can be a substantial expense. “The children are so courteous and polite and thankful,” he said.

Kayla McKinnis, 18, arrived at Saturday’s event with her mother to shop for a dress for her McKinley High School prom. With class dues and tickets to the dance costing $150, she will get help from her grandmother to pay for it all.

After trying on a lemon yellow dress with rhinestones, she went for a black dress with a front that laced up over a panel of white. Between now and the May prom, she still has to figure out her shoes, jewelry and hair. The young woman said she wasn’t worried about a date.

“So many choices,” said her mother Charlesetta McKinnis, smiling.

What matters most, said her daughter, is being with her friends for a party before they separate and go off to college.

“It’s very important,” she said, “because it’s our last time to celebrate.”



email: mkearns@buffnews.com

Niagara River Greenway funds land far from river

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In September 2004, then-Gov. George E. Pataki stood at a riverfront park in North Tonawanda for a ceremonial signing and announced an ambitious new public project that would create a continuous system of trails and parks connecting Lake Erie and Lake Ontario. ¶ “We now have a unique opportunity to reclaim that [Frederick Law] Olmsted vision of a magnificent waterfront here on the Niagara Frontier, not so much for ourselves, but for our children and their children,” Pataki said that day. “And we are going to do it. We are not going to miss the opportunity we have been given, after 100 years of mistakes.” ¶ Since then, nearly $50 million in public money has been spent. ¶ On new sidewalks in Sanborn. For state-of-the-art athletic fields at Lewiston-Porter High School. For a jazz concert. For a re-enactment of a War of 1812 battle. But that park system is nowhere near completion.

And questions are being raised about how money for the Niagara River Greenway is being used and how future funds, expected to total half a billion dollars over a half-century, should be used.

“There’s a series of things that have happened here that have bastardized the process as it was conceived,” said David J. Colligan, former head of the group whose idea eventually blossomed into the Greenway parks project.

Since Pataki and state officials made that splashy announcement nearly nine years ago, about half of the nearly $50 million in public money spent in the name of a Greenway park has been used on projects that don’t have anything to do with that original goal, according to a report from the Partnership for the Public Good, a nonprofit research and advocacy group aimed at revitalizing the Buffalo Niagara region.

“Progress on the Greenway has been hampered by the fact that Greenway funds are being spent on a wide variety of projects which, however worthy, bear little or no relation to a linear system of parks and trails,” according to the report.

While some money has been spent on habitat projects in the Niagara River and on improving existing parks and park infrastructure, gaps that existed in the planned park system have not been completed and have not even been given any special priority, the report said.

More than half of the projects funded so far don’t advance the Greenway as defined in state law, it said.

The report also noted money was spent on two projects – improvements to the Historic Palace Theatre in Lockport and the Lew-Port school district’s $4.6 million athletic fields – that the state-appointed commission overseeing the Greenway deemed inconsistent with the goals.

In all, about $23 million of the $46.7 million that has been spent was used on projects that failed to meet the law’s requirements, said Sam Magavern, co-director of the Partnership for Public Good.The Greenway project is supposed to turn the waterfront along the Niagara River into a world-class park, highlighting the natural beauty of the region between the two Great Lakes, correcting decades of bad development and allowing people to connect with the water.

The hope was that the park system would boost the economy, attract tourists – some of whom might enjoy the chance to bike to Niagara Falls – and give area residents increased recreational opportunities from Buffalo to Youngstown.

At least, that was the intention of the law passed in 2004, which developed out of a grass-roots effort in Western New York, led by the Buffalo Olmsted Parks Conservancy.

Funding for the Niagara River Greenway totals $9 million per year for 50 years, and it comes out of four different settlement agreements that various local government entities reached with the New York Power Authority. Those pots of money are controlled by four separate groups.

The deals arose because the authority was seeking a new federal operating license for the Niagara Power Project, which diverts water from the river for power production.

After the contracts were signed, each group that holds the purse strings – known as the standing committees – had to develop written rules for deciding how the money would be spent.

Also stemming out of the state law was a requirement to develop a “plan,” a document meant to guide the growth of the Greenway. That required all 13 municipalities in the project area that border the river to approve of it.

And the plan made the Greenway boundary wider than the initial vision held by supporters.

What has evolved is a complex, disjointed system that “isn’t anybody’s fault” but is a product of trying to get such a large group of people to agree, said Colligan, the former chairman of the Olmsted Parks Conservancy.

Colligan said he believes the concerns highlighted in the Partnership for the Public Good report show the difficulty in working under the current set of rules guiding how the money must be spent.

Colligan, who was the one to make the area’s pitch for a linear parks system to the Pataki administration, says the Greenway was basically another unfunded mandate from Albany, and money had to be found to fund that mandate.

“Everything after that is kind of like backfill of the funding request,” he said.

Some projects that were funded through the mechanism might not fit the definition of the Niagara River Greenway “as some groups would want,” said Niagara County Legislature Chairman William L. Ross, who was involved in negotiations with the Power Authority.

Buffalo Niagara Riverkeeper, an organization that was involved throughout the relicensing process, believes some good projects have been undertaken to further the Greenway, including work on the Niagara Gorge rim and at Joseph Davis State Park.

But the organization also warns against wasting a chance to recover from what it termed as short-sighted waterfront development of previous generations.

“Our community is recognizing that more often than not, the relicensing settlement funds are being invested in projects that are not consistent with the spirit and intent of the law, nor the vision of the Niagara River Greenway,” it said.While the partnership’s report is critical of some previous spending, it also points out that it’s not too late.

Magavern, who enlisted law school students to help with the research, said the report does not seek to blame any of the parties involved.

“We’ve got a golden opportunity, because this is a project that’s already funded and could really transform the region and draw a lot of people from outside the region,” he said, noting that it would also be a “great amenity” for area residents.

The Partnership for the Public Good’s report makes a series of recommendations that cover the state level, as well as operations at the state-appointed Niagara River Greenway Commission and at the standing committee level.

If followed, the recommendations would turn a fractured, unfocused process into one with a better chance of creating the Greenway many had hoped for, Magavern said.

Rob Belue, executive director of the Greenway Commission, said the body is accepting public comments on the report through the end of April. Comments can be submitted through its website, www.niagaragreenway.org.

The commission is also soliciting comments on the report from each municipality and government within the Greenway boundaries.

In an April 4 Another Voice column in The Buffalo News, Larry Beahan, conservation chairman of the Sierra Club Niagara Group, called the way in which Greenway money has been spent “haphazard.”

“In 2013, we have nothing that resembles that promised greenway,” Beahan wrote.



email: abesecker@buffnews.com

Foreclosure nightmare is real-life cautionary tale

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The Cottones’ first indication that something was amiss came in a panicked call from one of their tenants, who had just opened an envelope from the City of Buffalo.

Their house in Parkside had been sold.

“You can’t imagine the stress of thinking the unthinkable, that something has happened and your house is gone,” Jerry Cottone said.

An unpaid garbage fee of about $600 had landed their house on the city’s auction list.

The Cottones eventually won their house back in court. But in the meantime, they had to hire a lawyer, get a judge’s order, miss work and spend countless hours worrying that they had lost their investment property.

Their situation raises the question of what lengths the city or any municipality must pursue when notifying homeowners of delinquent fees and taxes, and the consequences of foreclosing on properties that owe small amounts.

Jerry and his wife, Catherine Cook-Cottone, acknowledge they forgot about the garbage fee when they moved to Amherst in 2010 and didn’t join the city’s rental registry, which allows the city to find property owners who live elsewhere. But they said they received no notice that their house was in danger of being foreclosed. They did receive other city bills at their Amherst home and paid them, so they thought the city knew where they were.

“At 6 o’clock at night, your tenant calls you and says the letter says the house has been sold, and you have no idea what the heck could be going on,” said Jerry Cottone.

He got the call in early December, five weeks after the house was sold.

The Cottones lived in the Woodward Avenue house for 10 years and kept it as an investment property when they moved.

They said they never saw the garbage fee bills sent to Woodward.

After two years, the unpaid fees amounted to about $600, so the city sold their two-family house, assessed at $147,000, for $110,000 in the city auction.

The city sends out some 14 notices to a property owner that their home is on the city’s auction list, warning them to pay up or lose the house, but the Cottones said they never received any.

But when the city sent a notice to Woodward that the house had been sold, their tenants opened it and immediately called them.

The tenants also routinely gave them junk mail, such as advertisements for sweepstakes, the Cottones said, so they doubt foreclosure notices from the city were being discarded. The tenants submitted statements to the court saying they never received the city’s notices.

The city’s top attorney, Corporation Counsel Timothy A. Ball, insisted that the city did indeed send notices to the Woodward Avenue house, as it does for every property whose owners have fallen behind in their bills.

“The city complied with all laws, rules and regulations,” Ball said.

First-class letters to the Woodward Avenue property from the city were not returned to the city as undeliverable, though a certified letter was, according to the city’s submission to the court.

Property owners who have lost their house at the auction but were not notified is something attorney Paul B. Curtin hears often enough for him to think it’s a problem.

“People come to me in huge, major crisis,” said Curtin, who works for Legal Aid Bureau of Buffalo and represents low-income defendants who are in danger of losing their homes. “Why would so many people on such a regular basis try to game me with that excuse?”The Cottones’ story unfolds as the city is compiling a list of 4,235 properties whose owners have fallen behind on their bills and are in jeopardy of being foreclosed upon. Forty-four percent of those properties owe only the city’s garbage fee, and in 56 of those cases, less than $500 is owed.

The city has made changes to its billing and foreclosure processes, such as reducing the foreclosure fee and reversing a policy that called for user-fee bills to be sent out once a year instead of every quarter.

And for those who know their home is being foreclosed upon, the city makes an effort to keep them in their homes by working out payment plans during a four-day marathon in the basement of Erie County Court the week before the auction. But there is still more to do, housing advocates said. Out of all of the properties on the current foreclosure list, 1,843, or 44 percent, owe the city less than $750 in fees and taxes.

In a city where there is so much vacant housing stock, the city’s policy of foreclosing on properties that owe at least $200 doesn’t make sense, said Joseph A. Kelemen, executive director of the Western New York Law Center.

“I would rather see them sue people for user fees than take their homes for $500 or $1,000,” Kelemen said.

Housing advocates note that banks must meet many notification requirements when a foreclosure is imminent, and they said municipalities should also have a greater burden to notify property owners.

“I think there might be an argument that they should go to extra lengths early in the process to make sure that people’s addresses are as up to date as possible,” Curtin said.

“A notice like that should really stand out, at a minimum,” he said.

The city should merge its address databases, so if property owners changes their address for their sewer bill, the address where other city bills are sent should also change, they said.

“We’re talking about taking someone’s home here,” Kelemen said.

Before the auction is held every fall, property owners who owe the city past-due bills are charged a $150 fee March 15, which rises to $305 after May 1 if the bill is not settled. Properties that remain in foreclosure will be auctioned at a multiday event in the Buffalo Niagara Convention Center.The Cottones don’t know where the bill for the user fee was being mailed, and the couple did not pay it online.

They would have happily paid it and avoided the time spent in court and lawyer’s fees of $1,500, they said.

“The feeling that I got was that this couldn’t happen in the United States, that someone could completely sell our property,” said Catherine Cook-Cottone.

The water bill for the Woodward house, which is mailed by the city’s hired vendor, came to the Cottone’s new address, as did their sewer bill, and they paid their taxes online.

But they didn’t know about the city’s rental registry, which allows the city to know how to contact property owners who live elsewhere.

The Cottones stressed that they are not neglectful property owners, that they invested $120,000 into the house. They spent 10 years living on the second floor and renting out the downstairs.

After the call from the tenant in early December, Cook-Cottone spent the evening writing emails to anyone she could find on the city’s website and researching the auction process online.

The couple hired an attorney, who filed an order to show cause. That order stopped the deed from transferring to the buyer, Waseem M. Elwaseem.

The proceedings dragged through the holidays, but ultimately, State Supreme Court Judge Thomas P. Franczyk decided in the Cottones’ favor.

“He could have easily said, this is it, you’re done, and that would have been it,” Jerry Cottone said.But now Elwaseem feels the rug has been pulled out from under him, too.

“My clients had made arrangements to leave where they were living,” said Elwaseem’s attorney, Robert M. Goldstein. “My clients did nothing wrong. They did everything right.”

Following the judge’s decision, the Cottones paid $1,181.86 – the amount of user fees, penalties and interest that they owed – and the city refunded Elwaseem what he had paid for the property.

The city’s Law Department represented the city through the action and defended the integrity of the city’s process. The Cottones said the attorneys there were attentive and dealt honestly with them.

The Cottones still haven’t figured out where the garbage fee bills went. They tracked down the mail carrier and asked if she had been delivering notices from the city to their Woodward home, but the carrier couldn’t remember, they said.

Jerry Cottone works for the city school district, and both Cottones are easy to find through an Internet search, they said.

There is no mortgage attached to the Woodward home, so a bank, which could have alerted the Cottones, was never notified.

“We thought we were doing everything right,” Catherine Cook-Cottone said. “We had no sense that there was something we weren’t doing or that we should do.”



email: jterreri@buffnews.com

UB hopes to return South Campus to Green's vision

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A new medical school downtown will play a big role in the ongoing transformation of the Buffalo Niagara Medical Campus.

But it’s also going to trigger some dramatic changes up the road on the University at Buffalo’s historic South Campus on Main Street. That is where UB is trying to recapture that classic campus character laid out by renowned architect E.B. Green decades ago.

UB made a splash last week when it unveiled designs for its new School of Medicine and Biomedical Sciences, but lost in the excitement were details about what’s in store for the South Campus after the medical school relocates downtown in 2016.

“Some of the buildings will have new occupants,” UB President Satish Tripathi said. “A couple of buildings on the South Campus are pretty old and will be demolished.”

More specifically, the sprawling, 1950s-era complex that currently houses the medical school – Cary, Farber and Sherman halls – will be knocked down, said Laura Hubbard, UB’s vice president for finance and administration.

Razing those three buildings would cost an estimated $12.5 million, she said, with demolition projected for the 2019-20 fiscal year – assuming UB has the money.

Meanwhile, two historic buildings on the South Campus – Parker and Townsend halls – will be renovated for the School of Social Work and the Graduate School of Education, both of which will move to the Main Street campus from the North Campus in Amherst, she said.

But renovating and relocating to Parker, built in 1945, and Townsend, built in 1903, would cost about $91 million, she said.

The university doesn’t have the money right now.

UB would like money set aside so it can begin work at the South Campus once the medical school is relocated, but the capital funding requested for the project wasn’t included in this year’s state budget, Hubbard said.

“We are hopeful that we might receive the funding for the Parker-Townsend projects in next year’s funding cycle,” Hubbard said, “at least to begin the design process.”

Still, university officials point to these moves – as well as more proposed for the future – in response to concerns that UB is deserting the South Campus.

In fact, these initial changes are part of a sequence of South Campus renovations and maneuvers that will be phased in over a period of years – or even decades, according to the master plan adopted by UB several years ago.

Those changes would include other health fields eventually joining the medical school downtown and the Law School and pieces of the School of Management one day moving from Amherst to the South Campus.

“The plan for South Campus is to ultimately be a center of professional schools and interdisciplinary studies,” Hubbard said.

In the process, UB is intent on restoring the appearance of the historic Main Street campus to its original 1930s design.

“It will actually bring the campus back to the E.B. Green campus – a beautiful campus,” Tripathi said.

The South Campus is built on the former grounds of the Erie County Almshouse, which UB acquired from the county in 1909.

In 1930, UB commissioned the firm E.B. Green & Son to do a campus master plan.

“The design he did was really a classic campus – great lawns, quads and somewhat more of a naturalized campus around the perimeter,” said Robert Shibley, dean of the School of Architecture and Planning.

UB used the E.B. Green plan to guide campus development for more than 20 years, constructing a series of stately stone buildings, expansive lawns and intimate quadrangles, according to the UB planning report.

But with the post-World War II boom on campus, UB broke from the E.B. Green plan during the 1950s with construction of the health-sciences complex: Cary, Farber, Sherman.

That trend continued during the 1960s, as enrollment grew and UB used campus open space to erect “temporary” prefabricated classroom and office buildings that still stand today.

But Green’s vision for the South Campus is still apparent – the quads, the continuous loop road – and UB already has begun working to restore it.

Shibley points to major makeovers under way at Crosby Hall, built in 1931, and at Hayes Hall, which is known for its iconic clock tower. That project includes the demolition of some of the temporary trailerlike annexes that clutter Green’s great lawn.

“There’s never been an intention at UB to abandon South,” Shibley said.



News Staff Reporter Stephen T. Watson contributed to this report. email: jrey@buffnews.com

In return to Buffalo, ‘Shen Yun’ raises red flags

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The slick, pink fold-out brochures started appearing on front doorknobs across Western New York in late March.

The promotional army behind “Shen Yun,” which has shown itself to be a propaganda and fundraising vehicle for the Falun Gong religious movement masquerading as a Chinese dance spectacular, has spent untold amounts of money advertising its Wednesday stop at Shea’s Performing Arts Center.

In addition to traditional advertising techniques like billboards and full-page newspaper ads, the promoters of the show have staffed eye-catching kiosks at local malls and papered neighborhoods with brochures hung from front doorknobs in order to stand out from mailed advertisements.

But in order to ensure their message gets out with little to no interference, the master propagandists behind “Shen Yun” have resorted to some ethically questionable approaches. Search for the dance company’s name in Google News, for instance, and you’ll get hundreds ,if not thousands, of articles from a newspaper called The Epoch Times and an outfit called New Tang Dynasty Television.

Both organizations were founded by the Falun Gong movement (also known as Falun Dafa) more than a decade ago to promote its agenda. These nominal media organizations contain a seemingly endless supply of positive “reviews” of “Shen Yun,” calling the show, among other things, “the profound, quintessential end of perfection of the human spirit” and “nothing short of a miracle.”

Seriously.

You have to dig deep to find any skeptical coverage of the show or the movement, or even any positive coverage from independent media outlets. It’s clear that the promoters of the show have engineered it this way. (An email to the local Falun Dafa group responsible for promoting the show seeking comment about its religious content went unanswered.)

Whatever you think of “Shen Yun,” the fact that an organization would manipulate Internet search results to this degree should raise a red flag.

When I saw the show at Shea’s in 2009, it struck me as a thinly veiled advertisement for the Falun Dafa sect and a political response to the brutal treatment of its followers at the hands of an oppressive Chinese government. It did contain many bright costumes and some classical Chinese dance, but these elements were clearly secondary to the religious and political message the show was designed to promote.

My heart genuinely goes out to the members of the Falun Gong movement, thousands of whom have been forced out of their native country.

To be sure, the persecuted Falun Gong movement is within its rights to promote its agenda. Through The Epoch Times and other means, it has worked hard to expose human rights abuses at the hands of the Chinese government that has mercilessly suppressed the movement’s spread. Many of the goals of Falun Gong followers are laudable, and its religious tenants – while perhaps striking Westerners as odd – seem to be generally focused on meditation and moral teachings.

But none of that excuses its creation of one of the most brazen and deceptive theatrical infomercials ever conceived.

An argument could be made that this critique of “Shen Yun” could just as easily be applied to Christian art and music – say, the spiritually inflected work of Bach, Mozart or Handel. But those works make no bones about what they are by pretending, for instance, to be about baseball or science. “Shen Yun” sets out from the very first to deceive those who would spend up to $120 to see it, and anyone headed to Shea’s this week should be aware of that.



email: cdabkowski@buffnews.com

Districts feel forced to keep raising tax levies

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Budgeting in school districts this time of year has become as predictable as rain in April.

And along with rising creeks and rivers, taxes also are rising, far outpacing inflation.

Among several districts that already have wrapped up their budget proposals or expect to soon:

•  Clarence taxpayers are looking at a 9.8 percent increase in the amount of money raised through taxes.

•  The Williamsville budget includes a 3.89 percent increase in tax revenue – the largest increase in eight years.

•  In Kenmore-Town of Tonawanda, the tax revenue would increase 4.66 percent.

•  In Hamburg, the budget proposal increases taxes 5.4 percent.

•  In Lancaster, the amount raised by taxes increases by 3.96 percent.

•  In Frontier, the tax levy increases by 3.5 percent.

Meanwhile, the nation’s rate of inflation is about 2 percent.

So what is behind the school tax increases?

Pension costs. Districts are seeing the largest single-year increase in decades in the local taxpayer contribution to the teachers’ retirement system, and this is occurring at a time when many school district reserve accounts have already been drained.

And it is not just local districts grappling with pension contributions for teachers and support staff.

“That alone is causing significant budgetary problems in many school districts,” said David Albert of the New York State School Boards Association. “It’s a much larger expense for next year than it was for the current year.”

That pressure isn’t going away anytime soon. School district payments for teacher pensions are just now making up for losses during the recession.

Increased payments to the retirement system are expected to continue at least for several years, said Erie 1 BOCES Superintendent Donald Ogilvie, and that forecast is supported by statements made by the Teachers’ Retirement System and those who closely track it.

School districts will spend the next few weeks grappling with these issues as they finalize budget proposals ahead of a May 21 vote.

Despite better-than-expected state aid, some districts will still ask voters to approve bigger tax increases than last year.

In Clarence, for example, school board members are considering a budget that would include a 9.8 percent increase in the amount of money raised through taxes – a proposal that would need a 60 percent approval rating from voters to exceed the state-imposed tax cap.

“We think this is a one-time tax increase that helps us get back to a level playing field,” said Superintendent Geoffrey Hicks.

The district has depleted its reserves and fund balance in recent years to keep tax rate increases steady as state aid dropped. That option is running out, while pension and health care costs continue to rise.

The district has cut about 85 staff members in previous budgets, and more are slated in the current proposal to keep a spending increase to about 1.1 percent. Any more cuts would have significant impact on programs, Hicks said.

“We don’t think deconstructing a great school district is a viable option,” he said.

While Clarence is proposing one of the highest increases on the table so far, other districts also will ask taxpayers to pay more.

In Williamsville, where School Board members sought to spare academic and extracurricular programs, the proposed budget would include a 3.89 percent increase in tax revenue – the largest increase in eight years.

Again, pension costs are blamed.

Retirement system contributions for Williamsville will increase next year by $3.1 million, or more than half of the total spending increase the district has proposed.

Without that increase, the district’s proposed 3.89 percent increase in tax revenues would shrink to 1.04 percent, said Scott G. Martzloff, Williamsville’s superintendent.

“It would just amount to a large number of cuts and personnel all across the board in our district – teachers, administrators, support staff – that would have to be reduced to address that,” Martzloff said. “It’s difficult. If we make massive cuts like that, we really are to the point where we are impinging on the character of our school district.”

Many district administrators view the pension contribution rates, which are set by the state retirement systems, as non-negotiable numbers that are out of their control.

But school administrators should approach the contributions as “an integral element of overall teacher compensation,” said E.J. McMahon, senior fellow at the Empire State Center for New York State Policy, a conservative fiscal watchdog policy group.

“The way you pay for rising pension costs over the next few years is by insisting on an offsetting salary freeze,” McMahon said.

Aside from increasing pension and health insurance costs, a state-imposed tax cap is also changing the way districts think about budgeting.

“You used to work from your budget and look at your revenues and decide what you thought the taxpayers would be willing to pay,” said Barbara Sporyz, Hamburg’s director of administrative services. “Now you work backwards from what you can levy, and you look in your budget to see what you can afford.”

The tax cap – although often explained as a 2 percent cap – is actually formulated based on growth and exclusions and is different for each district.

In Hamburg, that means increasing taxes 5.4 percent and spending by 6.45 percent. The budget continues current academic programs, athletics and extracurricular activities, but reduces staffing in elementary classrooms due to declining enrollment.

The tax cap in Clarence would allow taxes to grow by 3.8 percent, and the board would have to chop another $2.5 million to get down to that point.

“At this point, we cannot go forward with more and further reductions,” the superintendent said.

Districts can exceed their tax-levy cap only with approval of 60 percent of voters.

“We know from last year that your risk of budget failure increases substantially if you exceed the tax levy,” Albert said.

School board members in Niagara Wheatfield learned that lesson. An initial proposal last year to exceed the tax cap failed. The district will not take that route again. Instead, school board members plan to make more cuts to the district’s budget to remain within the district’s 5.91 percent taxing limit.

“We have, in the last two years, cut 91 positions,” said interim Superintendent James Knowles. “It gets to a point where it becomes very difficult because what you begin to do is you cut programs, and that’s very difficult to do. We’re here to educate youngsters.”

For many districts, proposed tax increases will come with budget cuts.

West Seneca, for example, will spend less money on schools this year than last, but tax revenue would go up nearly 3 percent.

Budget savings – including a retirement incentive that 130 teachers and staff will take advantage of – were just not enough to offset other rising expenses, including pension and health care costs.

“We’re essentially downsizing ourselves as best we can,” said Brian Schulz, the district’s treasurer.



email: bobrien@buffnews.com and djgee@buffnews.com

Judge upholds coach's dismissal in Williamsville

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The Williamsville Central School Board had every right not to reappoint Allan Monaco as varsity coach of the Williamsville South High School basketball and golf teams, a judge has ruled in dismissing the former coach’s petition.

Board members approve annual coaching appointments, and when they named others to coach the two teams, they did not even have to cite any of the problems during Monaco’s final season, the court said.

Complaints about playing time, call-ups to the varsity squad and accusations of bullying and favoritism drove a wedge among basketball players, prompted complaints from parents, and sparked investigations that ended Monaco’s 24-year coaching career at the high school.

“The court concludes that it was within the authority of district officials to relieve [Monaco] of his coaching duties irrespective of whether accusations or complaints had been made against him,” State Supreme Court Justice Patrick H. NeMoyer said.

The judge noted the school district’s investigation into how Monaco treated some of the basketball players in the 2011-12 season.

“The court is left only with a sense that [Monaco], a long successful and widely respected coach, was guilty only of being an old-school-type coach with a gruff manner and an untamed tongue,” NeMoyer said in his recent decision.

“The court further has a sense that those personality traits rendered [him] particularly ill-suited to initially stave off and ultimately survive a protracted bout of school sports team politics as rather ruthlessly engaged in by some parents of some ballplayers,” NeMoyer added.

After Monaco coached a winning team to another league title a year ago, the school district appointed someone else to lead the basketball squad, sparking an outcry of support for Monaco from former players and program supporters.

But parents of other players wanted a new coach.

“The court further senses that, wearying of the controversy, or perhaps more likely wearying of [Monaco’s] defensiveness and his own apparent lack of coachability vis-a-vis his interactions with his ballplayers and their parents, the district officials simply decided to not reappoint [him] to the coaching positions for the 2012-13 year but to go instead in a different direction,” NeMoyer said.

In his court papers, Monaco traced the loss of his coaching positions to some disgruntled parents who he said made false allegations against him in retaliation for his decision not to promote their sons to the varsity team, or who were unhappy with their sons’ playing time, or who believed their sons had not received enough accolades.

Carolyn Nugent Gorczynski, Monaco’s lawyer, could not be reached to comment.

Whatever the district’s reasons for not reappointing Monaco, the judge dismissed his petition to regain his coaching positions as moot.Monaco could challenge only the district’s decision not to reappoint him for the 2012-13 school year, the judge said. But with the golf and basketball seasons already ended, the court cannot give him his coaching spots back, the judge said. And Monaco could receive monetary relief only if the court annulled the district’s decision to appoint the others in his place, “the very judgment that the court cannot now grant, given the conclusion of the pertinent sports seasons,” NeMoyer said.

What’s more, “were it to consider the merits of the petition, the court would conclude that they likewise warrant dismissal,” NeMoyer said.

District officials can reappoint or not reappoint incumbent coaches as they see fit and can replace coaches with other qualified individuals, according to the ruling.

“As the court sees it, district officials are not limited to exercising such discretion only [after] a given outcome of a given investigation into allegations of wrongdoing or misconduct lodged against the incumbent coach,” NeMoyer said.District officials did not ignore Monaco’s supporters, Williamsville Superintendent Scott G. Martzloff said in an affidavit dated March 12, a few days after The Buffalo News first reported Monaco’s legal action against the district.

Monaco “claims that I fell prey to a ‘conspiracy’ among disgruntled parents and completely disregarded the praise extolling [his] coaching ability,” Martzloff said in the affidavit. “I did not, however, dismiss any showings of support from former players, friends and colleagues. In fact, I took it as a given that [he] had strong supporters from the community, as one would expect with a longtime coach.”

Monaco’s attitude during the investigation and his refusal to accept any responsibility for how the basketball season unfolded and the team’s problems “overshadowed” the opinions of his supporters, Martzloff said.

“During my three meetings and one telephone conference with Mr. Monaco, the thing that stood out above all else was that he had no plan for addressing the problems among players on the team or the negative perception of him as coach,” the superintendent said in his affidavit. “All he could hear was the praise of his supporters, which I don’t deny was real, but it left a serious problem to fester.”Former Williamsville South principal Daniel Ljiljanich, who resigned in June to become superintendent of the Silver Creek Central School District, said he “absolutely supported” the district’s decision not to reappoint Monaco as the boys’ basketball coach, according to his affidavit to the court.

Coaches must make tough decisions, Ljiljanich said, so he did not consider playing time or who was or was not promoted to the varsity squad when evaluating Monaco.

He also did not account for Monaco’s talent as a coach, he said.

Rather, Ljiljanich said he simply looked at whether Monaco followed the district’s code of conduct when interacting with players and parents.

Monaco had several negative encounters with some of his players and their parents, Ljiljanich said.

One student reported the coach made repeated comments about his weight.

Two parents complained that Monaco referred to their son as belonging to the “sophomore mafia,” whom the coach believed pushed around eighth-graders on the junior varsity squad.

Another student’s parent detailed her concerns about Monaco’s “utter lack of professionalism and disturbing conduct,” including accusations that he swore at her son during games and belittled him, Ljiljanich said.

Among the comments Monaco made to her son, according to Ljiljanich’s affidavit: “You are a truly horrible fundamental player. You lack all the important skills. You’re a ball hog.”

He called her son and another player “cancers,” according to her letter to Ljiljanich.

After the parent and her husband met with another Williamsville South administrator to discuss their complaints, Monaco allegedly rebuked their son in the locker room saying, “I don’t need you going home telling your daddy,” the parent reported.

Ljiljanich told Monaco that he owed the student an apology for the “telling your daddy” remark, and Monaco sent a letter to the student’s parents apologizing for the statement.

“It resembled more of a defensive explanation rather than a true apology,” Ljiljanich said in his affidavit.Monaco has pointed to his coaching evaluations as proof of his abilities.

Monaco said he signed a revised evaluation in June after the principal completed his investigation.

The revised evaluation gave him a satisfactory grade in 11 of 13 areas but indicated improvement was needed in two areas: maintaining individual and team discipline and morale, and also showing self-control and poise as a coach.

In none of the areas was he graded unsatisfactory – the lowest mark available.

“At no time did any administrator corroborate that I ever engaged in the wrongdoing for which I was falsely accused by a handful of disgruntled parents and students,” Monaco said in his affidavit.

“Despite self-serving and after-the-fact allegations, I received positive coaching evaluations for the 2011-2012 basketball and golf seasons, as I did every prior year,” he said.

That’s not the way Ljiljanich saw it.

“What was not expressly reflected in that coaching evaluation, however, was [Monaco’s] defensive attitude and insistence that he had not engaged in any wrongdoing whatsoever,” Ljiljanich said in his affidavit.

“He refused to accept any responsibility and merely responded to the allegations by stating that they were ‘absolute lies.’ ”



email: plakamp@buffnews.com
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