FREE JULY 28 - AUG 3, 2016 VOL. 17, NO. 30 FREE US Dept of Energy Surveys show Radioactive Areas under Portage Rd; Should this be evaluated before repaving? 2 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

Portage Road Repaving Presents Danger of Radioactive Contamination

allurgical companies were tasked by the US Lou Ricciuti and Government to develop and create radioac- Frank Parlato tive materials necessary for the world’s first reactors and atomic weapons. iagara Falls - A section of The radioactive materials handled by Portage Road - between Ferry these local industrial complexes ranged and Niagara - is scheduled for from uranium to plutonium and nearly ev- N ery known isotope of the time. In those ear- road work this summer and is expected to start any day. ly atomic energy days safeguards were not The Portage Road work – which is list- strictly enforced, or were ignored altogether. ed as part of Mayor Paul Dyster’s “in-house The processing and refining of radio- street paving & other roadway re-construction active chemicals and metals produced large costs” in his proposed 2016 capital spending quantities of wastes as Niagara Falls became plan is budgeted for $650,000. the free world’s largest production center for It may cost more than that depending on radioactive uranium metal-from-ore. the type of work the city winds up doing on That also made Niagara Falls the free the road and what they unearth. world’s largest producer of nuclear wastes. According to the US Department of En- Because the quantities of usable radioac- ergy’s landmark 1979 EG&G Aerial Radio- tive isotopes being refined from the ore were logical Survey and subsequent Oak Ridge in trace quantities, the refining process neces- Laboratories Ground Level Survey, what is sitated leaving significant amounts of the re- likely buried under Portage Road is a fairly maining isotopes in the massive tonnages of large amount of radioactive material. waste associated with this production. In fact, Portage is the most radioactive These wastes – which were originally A copy of one of the maps from the US Dept of Energy’s 1979 survey. The road per-mile in the city, based on the number called by those tasked with quietly disposing map shows that Portage Road has 13 hot spots of concentrated radioac- of “hot spots” that registered unnatural levels of it as “slag” – contain significant radioactive tivity that was detected from aerial surveillance. of radioactivity on this road when the federal materials from a range of isotopes. Incredibly, it was considered practical government conducted is surveys. In Niagara Falls it is largely unknown, levels of radioactivity could be detected from to dispose of this waste under various roads, The surveys were initiated by concerns unheeded and ignored. Still, scores of roads the sky on Portage Road and elsewhere in this parking lots and driveways in Niagara Falls stemming from the Love Canal environmen- in Niagara Falls have radioactive material city. and surrounding areas. tal disaster and were meant as an inquiry into buried underneath them decades ago. Although the surveys are 36 years old, At the time, people were led to believe the past history of the industrial activities of This came to light a few years ago when absent removal if the slag, the surveys are not that once buried under pavement the radioac- Niagara. Lewiston Road was reconstructed and nucle- outdated. tivity in the so-called slag would not penetrate The 1979 surveys revealed about 100 hot ar “slag” buried there and its partial removal Slag buried under the roads by and large the surface, or be less of a hazard. spots in the city. Thirteen alone are on Portage increased the costs of the work by millions of remain intact and are often part of the road Today’s science proves this to be a fal- Road. dollars. beds. lacy. Buried under Portage Road is what is Perhaps more significant than cost is the There is no known record of the slag be- This same method of disposal was un- likely a portion of the derivative radioactive human toll. Scientists have learned that radio- ing removed. fortunately utilized in other locations around waste product from Niagara’s pioneer role at active materials buried under roadways are The radioactive materials are still as po- the nation were nuclear wastes were disposed the beginning of the atomic age, circa 1942, not completely insulated or made “safe” by tent today as they were when they were bur- of, often to the knowing devastation of those and onward. pavement over them. This was amply illus- ied under Portage and other roads in this city. communities. At that time the city chemical and met- trated in the 1979 US Dept. of Energy radi- The isotopes found in the radioactive wastes ation surveys where unnatural amounts and in Niagara Falls have half-lives ranging from

NIAGARA FALLS REPORTER

“The Truth is Always Fair”

CHAIRMAN & EDITOR IN CHIEF Frank Parlato

Managing Editor Senior Editor Dr. Chitra Selvaraj Tony Farina

phone: (716) 284-5595

PO Box 3083, Niagara Falls, NY 14304 email: [email protected] www.niagarafallsreporter.com The US Dept of Energy conducted surveys in 1979 to determine the amount of radioactive sites there were in Niagara Falls. They found more . than 100. 3 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

US Surveys Show high concentration of radioactive material likely under the road

1600 years to 4.5 billion years, depending on the US Dept. of Energy surveys, part of the the particular isotope. citywide problem of under-road burials of As anyone who has recently driven it some of the oldest, most widespread, and un- knows, Portage Road is uneven and coarse addressed nuclear waste in the country. and badly deteriorated. Signs are posted on Failure to test the material before com- the road warning motorist that they will en- mencing construction, if it is radioactive, counter “rough road” ahead. could result in the winds and rain scatter- Perhaps the road will be much rougher ing nuclear waste, spreading it into people’s than anticipated. homes, their gardens, their children’s hair and The Niagara Falls Reporter urges the ground water. All of which constitutes a dan- City of Niagara Falls to conduct an immedi- ger of inhalation or ingestion. ate, transparent and public analysis of Portage Radioactive contamination is invisible to Road prior to construction. the eye and consequently many people ignore A disturbance of dangerous radioactive it. No one feels the health hazards immediate- materials buried beneath the road for perhaps ly. now more than 65 years could create a health If there is nuclear waste there and it What lies under Portage Road? A test would find out conclusively. hazard. spreads out from under Portage Road through The proper protocol would be to do bore- roadwork construction, its manifestation into holes and have the materials tested in a qual- diseases such as suppression of the immune ified laboratory (split-sampled with public system and cancerous tumors, may takes oversight) to discover their origin and what, if years or decades to appear. any radioisotope or isotopes are present. Former EPA official, Dr. Jeanette -Sher Then, if it is discovered to be radioactive, man, M.D. specializes in internal medicine which previous surveys indicate, the creation and toxicology, with an emphasis on chemi- of an enforceable and replicable plan to safe- cals and nuclear radiation that cause illness, ly dispose of these materials – beyond the including cancer. Regarding Niagara Falls, boundaries of Niagara Falls to a licensed out- she called it a wide-scale nuclear dump site of-state landfill, needs to be implemented. from the mid-20th century. New York State does not license the Dr. Sherman said, “The situation in Ni- waste that is buried under our roads even in agara Falls and Niagara County is already remote licensed landfills. manifest through statistical (high) morbidity As a takeaway please consider: What is and mortality rates.” buried under Portage Road is, according to If that is true, let’s not add to it now. Take the next step with a career at

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EOE 4 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016 Dyster’s New Train Station Open House Event Will Feature Toy Trains But Not The Real Ones – Yet!

tion’s main entrance. Mike Hudson The main entrance itself consists of a two-story glass structure with a terrazzo floor atrium designed to mirror the colors of crash- ing water at Niagara Falls. According to a news release put out by the city, “The space functions as a public area, welcoming individuals catching a train, grabbing a bite or attending the Underground Railroad Interpretive Center’s museum.” As of now the building is empty. Critics, including this newspaper, have said that the spending of $44 million of taxpayer money on a 22,000 square train station for a city that lacks the demand for such a facility suggests Are crowded train stations a thing that the train station will be mostly empty all of the past or of the future? the time. The modest size of the current train station - which costs taxpayers noth- Annual ridership at the current Niagara ing - is more than ample to accommodate the 87 train passengers who on Falls train station was 31,831 in 2015, accord- average come here daily. ing to Amtrak. That is an average of 87 pas- sengers per day (about 43 coming and going). may not be able to pay much rent at all. Will trains be a major form of travel in Part of the reason Amtrak may not have That leaves about $800,000 to be paid the future as they were in the past? Will there agreed to lease space in the new train station by city taxpayers this year and every year no even be passenger rail service 50 or 100 years is that it is 10 times larger than what published matter how few riders appear at the station. in the future? Amtrak guidelines call for based on ridership “This (train station) is designed for 75 Amtrak has been cutting lines and clos- figures. or 100 years in the future, and I’m guessing ing ticket offices in recent years rather than Since 1978, Amtrak officials have used that long before you get to 50 years, this will adding them. Since its founding in 1971, the about 800 square feet on Willard Avenue near seem cramped, in terms of the people going heavily taxpayer subsidized railroad has nev- Lockport Road. through it,” DeSantis told the Buffalo News er turned a profit, and billions of federal tax The new train station at 22,000 is Peak traffic at the present Niagara Falls in an interview this week. dollars are all that has kept the trains rolling. more than 10 times the size need- station averages not more than 30 passengers ed by Amtrak to operate a station. during an hour. The present waiting room, Why was it built so big? How much about the size of a dentist’s office, never lacks will it cost taxpayers? Will it be for seating, with 15 people getting on a train empty most or all of the time? as another 15 disembark, plus the people who come to meet and drop off riders. espite the fact that no contract Dyster and DeSantis stressed that only a exists between Amtrak or any relatively small part of the $44 million was other entity to actually use the paid for by city taxpayers. Most of it was paid D for by state taxpayers and federal taxpayers. facility, city officials are ready to show off the new $44 million Niagara Falls International They have also not disclosed estimates Railway and Intermodal Transportation of maintenance and operational costs will city Center to the public. taxpayers will fund. A “sneak preview” of the new train sta- Presently, Niagara Falls taxpayers pay tion will be held from 11 a.m. to 4 p.m. on nothing for the Amrak station. Amtrak pays Saturday at its Whirlpool Street location in expenses for its modest station. the city’s North End. City taxpayers will pay for security, jan- Hosted by Niagara Falls Mayor Paul itorial and cleaning services, window clean- Dyster and acting City Planner Tom DeSan- ing, escalator maintenance, HVAC mainte- tis – who led the charge to develop the new nance, plumbing & electrical, maintenance train station – the general public is invited for and repair for buildings and grounds, utilities a “free self-guided tour” of the new, albeit – heat, water, electric, supplies, and planning, empty, building. supervision, and other costs. Although the station is new and clean In studies available online, operational and the railroad tracks are just outside the costs are calculated by annual cost per square station there won’t be any trains arriving or foot. departing. The newly renovated Union Depot Inter- However children can watch toy trains modal Transportation Center in St. Paul was that will be set up for the occasion. estimated to cost $40 per square foot per year City officials have not announced when to operate. The Anaheim Regional Transpor- the train station will begin regular operations, tation Intermodal Center was estimated to but it will certainly not be before a contract cost $53.71 per square foot per year. with Amtrak is signed, which to date hasn’t Taking the lower figure of $40 per square happened. foot cost, the Niagara Falls Intermodal will Contracts are also needed with U.S. Cus- cost $885,721 per year. toms and the Underground Railroad Heritage If a contract is reached with Amtrak, the Commission who the city has sadi will occu- federally subsidized and regulated company py a portion of the building. will pay an estimated $50,000 per year. Neither the railroad nor the other entities US Customs will not be required to pay has seemed ready to commit to using the fa- rent. cility. An Underground Railroad exhibit will Likewise, no tenants have been found occupy a potion of the fitst floor in the adja- willing to rent part or all of the 4,600-square- cent old Custom House. It is a not for profit foot retail space, located to the left of the sta- and based on demand for visitors to an exhibit 5 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016 Crime, Poverty, Fiscal Distress Here Direct Result Of Cuomo’s Policies, Broken Promises

the “Downtown Niagara Falls Development Jim Hufnagel Challenge”, a five-year, $40 million initiative “to transform the downtown Niagara Falls n January 6, 2015, halfway area into a premier destination that will through an interview with actress attract tourists and fuel private investment”, ONicole Kidman, NBC late-night providing “a real opportunity for champions host Jimmy Fallon casually dropped a bomb in the development and investment industries on the city of Niagara Falls, NY. to face off right here in the Falls” resulting The conversation turned on an in “creative and innovative projects that will appearance the week before by Kidman’s spur private development.” husband, country singer Keith Urban, at a It’s been two years since Cuomo made New Years Eve concert on the other side of those promises. So far, the city hasn’t seen the border in Canada, attended by tens of one thin dime for either WonderFalls or the thousands. “Development Challenge”, although the The playground of the region, its hotels, Governor has spent $70 million on his state- casinos, restaurants and night life framed by owned Niagara Falls State Park and associated the most famous natural attraction in the world, Robert Moses Parkway. Tourists park, Niagara Falls, Ontario is widely regarded as a sightsee, dine, purchase gifts and souvenirs tourism success story, effectively capitalizing and then exit on the newly-upgraded parkway Gov. Cuomo addresses the crowd at the Hamister hotel ground-breaking on the millions of tourists who visit every with little reason to enter or spend money in last month, a shabby consolation prize in lieu of tens of millions of dollars year. the city. of economic aid for downtown that the governor promised two years ago “The Canadian side... beautiful,” mused Niagara Falls, NY, a city of 50,000 and never delivered on. the Australian Kidman. situated on a international border, once had “The Canada side is like lights and it’s busy factories, vibrant communities and a like, almost like Vegas. It’s fun,” responded thriving downtown. Over recent decades, Fallon. “The New York side looks like a however, it’s been the town that just can’t Lemony Snicket book cover... sad, and trees seem to catch a break. with no leaves on it.” While other so-called “rust belt” cities “And you go, what happened? Why is like Pittsburgh, Cleveland and Buffalo (this) side so much worse? Canada’s side, experience comebacks, retooling their that’s the place to do it... We’ve got to work economies, capitalizing on existing urban on (this) side of Niagara Falls.” assets including their waterfronts and make Fallon’s pointed observation as reported steady progress, Niagara Falls has, by all the next day in the Niagara Gazette was appearances, been left behind. slightly tweaked, possibly in deference to Indices of societal stress for the city the feelings of New York Governor Andrew of Niagara Falls, including poverty, crime, Cuomo, who had recently visited and made substandard housing, low educational some campaign promises regarding the city’s attainment, drug abuse and teen pregnancy, chronically-distressed economic condition. are across-the-board higher than New York The Gazette replaced “New York” side in its State averages. For example, according to quotes of Fallon with “American” and “US”. US Census figures, 40.6% of children in During visits here in the run-up to his Niagara Falls live below the poverty level, 2014 re-election, Cuomo proposed state aid nearly twice the state average of 22.5%. packages for a $150 million WonderFalls Niagara Falls ranked 44th on a recent list of hotel project as well as something he called Governor Cuomo’s austere smile says it all as he reflects on the natural wonder of the campaign donations he receives from Maid of the Mist own- er James Glynn and Delaware North billionaire Jeremy Jacobs, who run Niagara Falls State Park as if they own it.

the “Top 100 Most Dangerous Cities in the elsewhere in the state. U.S.” compiled by NeighborhoodScout.com, Why is the city of Niagara Falls so derived from FBI and other law enforcement dangerous and downtrodden, despite being sources. on the doorstep of one of the world’s greatest The probability of being a victim of a tourist destinations? violent crime in Niagara Falls is triple that of In a nutshell, the city of Niagara Falls the New York State average, and according to has been systematically deprived of the the same study, there are more than five times economic benefits of one of the most valuable more crimes per square mile of the city than waterfronts in the world, a process accelerated during the Cuomo years. In addition to the iconic waterfalls, many miles of Niagara River waterfront, including a scenic gorge that has been referred to as the “Grand Canyon of the East”, together comprising 80% of the city’s waterfront, are owned and operated by New York State Parks and the New York Power Authority (NYPA). Together, these state agencies siphon many millions of tourism and hydropower dollars out of the city and into state coffers, If the whole world stands while streets here go unpaved, abandoned against you sword in hand, buildings abound, poverty, crime and misery would you still dare to do what predominate, and taxes are raised as the city you think is right? teeters on the brink of insolvency. 6 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

Did Politics Have a Hand in the Pigeon Prosecution?

Supreme Court bench for a 14 year term. Frank Parlato In 1996, Michalek bought a seven bed- room waterfront mansion on Lake Erie - at A POLITICAL QUESTION 6286 Old Lake Shore Road - in Hamburg for The question of whether politics was a the then considerable price of $340,000. motive for New York State Attorney General, As his 14 year term was nearing com- Eric Schneiderman’s prosecution of political pletion, Michalek became friendly with then operative and attorney G. Steven Pigeon, 55, party boss, Len Lenihan. Lenihan also traded has been debated in a few circles. judicial elected office with Republican party Last month, Pigeon was charged by bosses in return for Michalek again getting a Schneiderman with bribing a New York State cross endorsement. Supreme Court Justice and extorting a young Michalek spent 20 years as a judge, earn- attorney appointed by that judge to a receiv- ing $193,000 per year before he was indicted, ership. ruling on decisions that affected the people of Following Pigeon’s arraignment, where his community in an elected position and nev- he pleaded innocent to all nine counts al- er once did he face an opponent. leged against him, a reporter asked Pigeon’s Never did the people have a chance to attorney, Paul Cambria, if he thought politics Steve Pigeon Eric Schneiderman decide if he was a worthy judge. played a role in the prosecution. Party bosses took care of him fully. Cambria responded, “… I think the Maybe others did too. A CHANGING INVESTIGATION community will make its own judgment as justice then rose to the appellate division and A HOUSE IS NOT A HOME After the raid and its aftermath, it was to whether or not politics are involved in this the court of appeals. Michalek’s looming indictment may quiet. case once all the evidence comes in the court- As everyone in the party then knew, Pi- have prompted him to list his lakefront home About a year had passed before the Buf- room.” etruszka came to Pigeon’s office and the two for sale recently at $978,800. falo News reported - some say it was leaked A WELL PUBLICIZED RAID men had a contentious battle. It was noted by the Buffalo News that by law enforcement - that emails found on Pi- The community became aware that Pi- Pietruszka later became a county court Town of Hamburg assessors assessed the geon’s seized phone or computer caused the geon was the target of a New York State in- judge, but not a state supreme court judge, for property for tax purposes at $255,000 –al- state investigation to veer from election law vestigation when his home was raided by law which, arguably, he can thank Pigeon. most $100,000 below what the judge paid for NOT INNOCENT UNTIL PROVEN violations to more serious bribery charges enforcement agents on May 28, 2015. it more than 20 years ago GUILTY involving Pigeon and State Supreme Court It was reported agents were searching for A search of assessment records along Justice John A. Michalek. evidence of election law violations connected As for Pigeon, after the well-publicized Lake Shore Road shows that similar homes Soon afterward, the Attorney General’s to a Political Action Committee Pigeon al- raid on his home, his life was in shambles. to Michalek’s are assessed for a lot more, as Office led a special grand jury to -indict Pi legedly controlled. Picture your own home suddenly raided for instance, 6046 Old Lake Shore Road, also geon and Michalek, 65, based on an alleged Representatives from most of WNY’s by a swarm of armed men who search your a seven bedroom lakefront home which is as- two-way bribery scheme - conducted not in media outlets were on hand for the raid. Wait- possessions and walk off with your comput- sessed at $600,000. whispers and bags of cash – but “brazenly” ing outside Pigeon’s waterfront condo as law er and cell phone - over alleged election law Smaller and more modest homes are as- and “arrogantly” through emails. enforcement agents searched his home, and violations. sessed at the same evaluation as Michalek’s Michalek accepted a plea deal admitting left with his cell phone and computer, they The subsequent wave of publicity caused lakefront assessment. to one count of bribe-receiving and one count filmed and took notes of the event. fair weather friends to run away in droves. Judge Michalek knew how to reap the of offering a false instrument. He resigned his Some assumed that law enforcement Pigeon’s law firm, Underberg and Kes- perks of public office. judgeship, lost his law license, and preserved leaked the raid to reporters. But one law en- sler parted company with him. The Seneca WITNESS FOR THE PROSECUTION his $120,500 state pension. forcement source said a neighbor saw agents Nation of Indians publicly announced it can- At trial, Michalek is expected to be a As part of the deal, prosecutors agreed to at Pigeon’s home and tipped off reporters who celed its contract with Pigeon following the witness against Pigeon. The prosecution may make no sentencing recommendations (usu- rushed to the scene. raid. Modern Disposal quietly ended their attempt to persuade a jury that Michalek was ally prosecutors argue for tough sentences for It was not clear how the media knew consulting contract with Pigeon as well. an otherwise good judge who became prey to I’M WITH HER corrupt judges) in return for Michalek testify- about the raids in Orchard Park and Akron the powerful, corrupting influence of Pigeon. ing against Pigeon. of Pigeon associates, Steve Casey and Chris Just prior to the raid, Pigeon had planned The defense might argue that as a self-ad- State Supreme Court Justice Donald Ce- Grant – but the media was there as well. to assist Hillary Clinton’s campaign for the mitted corrupt judge, Michalek may be lying rio said Michalek could be sentenced to up to THE JUDGE WAS NOT HIS FRIEND White House. about his bribery scheme with Pigeon (just as seven years in prison; he might also get pro- The warrant authorizing the raid on Pi- He helped Hillary in her race for the U.S. he lied as a self serving judge) to secure a plea bation. geon’s home was signed by Erie County Senate in 1999. In 2005, Bill Clinton asked and a lenient sentence. Pigeon faces up to 15 years if convicted Judge Michael Pietruszka. It is not known Pigeon to introduce him to billionaire Tom WHAT DID THEY BRIBE EACH OTHER on all counts. what legal arguments law enforcement used Golisano. WITH? A JUDGE WAS MADE NOT BORN to persuade Judge Pietruszka that a subpoena Pigeon arranged the meeting at Clinton’s The defense at trial will almost certainly It is worth noting while on the topic of for documents concerning election law vio- home. Over the next nine years, the Golisa- explore what Pigeon and Michalek received. political affairs and their influence on men, lations was insufficient and a search warrant no’s Foundation donated $25 million to the The two cases alluded to in the indict- that, unlike Pigeon, who is in disfavor with was needed. Clinton Global Initiative, which some say is ment where Pigeon was attorney– were set- Democratic Party bosses, Michalek is a con- A longtime jurist, Pietruszka has never the genesis of the Clinton’s wealth. tled out of court. summate insider. been accused of being influenced in any of When Hillary Clinton launched her Michalek never made a final ruling on He joined the scene under party boss his decisions by politics. presidential bid in 2007, Pigeon signed on the cases. Vincent J. Sorrentino who, as town attorney, But if the subject is politics, it should be as a “Hillraiser” committed to raising at least Michalek, the defense may argue, was named Michalek assistant town attorney in mentioned that Pietruszka once had a serious $100,000 for her campaign. Pigeon raised not shy about asking Pigeon to help him find a 1988. In 1994, Sorrentino, as chairman of scrape with Pigeon. over one million dollars for Hillary. job for his son; get a political appointment for the Erie County Democratic Party, arranged Back in the 1990’s, then Erie County By the time of the raid, Pigeon had raised his wife; and help him get a higher position in for Michalek to become a state supreme court Democratic Party Chairman, James Sorren- another $100,000 for the Ready For Hillary the judiciary. judge- without having to run for office. tino had committed to endorsing Pietruszka, PAC. Pigeon was unable to deliver on Mi- then a lawyer, for NY State Supreme Court He also donated $2,700 to Hilary’s cam- chalek’s requests. Sorrentino made a deal with Republican justice. Pigeon was vice chairman. paign in his own name on April 16, 2015. As further evidence of the bribes, the party boss Tom Reynolds to have Democrats When Sorrentino was ousted, and re- On the day after the raid, the Clinton state points out that Michalek got a free ticket endorse a Republican judicial candidate in re- placed by Pigeon, many in the party expected campaign returned the $2700 donation to Pi- from Pigeon for Michalek’s wife to attend a turn for Republicans endorsing Michalek. Pigeon would honor Sorrentino’s commit- geon. fundraiser for Gov. Andrew Cuomo and the The Hilary PAC however kept the ment. Michaleks got tickets to two Buffalo Sabres Having both the Democratic and Repub- Instead Pigeon endorsed Eugene Fahey $100,000. games from Pigeon. who went on to become state supreme court lican lines, ensured Michalek had no oppo- nent and he was elected in 1994 to the State 7 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

Everyone had at least one brush with Pigeon

News that Judge John Michalek admitted he was corrupt startled many Assistant Attorney General Diane Judge Michael Pietruszka signed people in the area. LaVallee will assist in the prosecu- the warrant to search Steve Pi- tion of Steve Pigeon. geon’s condo. A CAST ALIGNED AGAINST PIGEON majority for the first time since the 1960’s, Almost the entire team who led the with a one seat majority - 32 seats (out of 62). wanted Kathleen Rice for attorney general. anything to do with the prosecution of Steve charge to indict Pigeon had previous political As for Schneiderman, he had been a state Pigeon flew Rice to Florida to introduce her Pigeon. experiences with Pigeon or Michalek. senator for 10 years. Since Republicans con- to Golisano and Pigeon and his committee- The Attorney General was a political foe The two Assistant Attorneys General ap- trolled the senate the entire time, as a minority men openly supported Rice against Schnei- of Pigeon. pointed by Schneiderman to prosecute Pigeon party member Schneiderman had little power derman at the state Democratic convention The lead assistant attorney general was have had political brushes with Pigeon and re- or prestige. Rice narrowly lost the primary to Schnei- the campaign treasurer for the chief witness wards from Michalek. Now with Democrats in the majority, derman, 34% to 32. against Pigeon. While it may not be political it is at least Schneiderman, a bull among the herd, rose to Schneiderman went on to great fame as Pigeon tried to get the second lead prose- ironic, that the lead prosecutor, Susan H. Sa- deputy leader of the senate. one of the leading state prosecutors in the cutor fired from her job. dinsky, served as Michalek’s campaign trea- Things went awry however when Gol- nation and wound up investigating and then The judge who signed the search warrant surer for his 2008 re-election. isano and Pigeon felt the NYC Democrats indicting Pigeon based on what was at first was denied a state court judgeship by Pigeon. Sadinski likely helped craft the Michalek were not honoring their WNY commitment. a political investigation that morphed into a The Democrat Election Commissioner plea deal which includes the provision that Pigeon met with Schniederman at Jus- bribery case. who gave the case its original gravitas was Michalek be a witness against Pigeon. tin’s Restaurant on Lark St. in Albany and MORE POLITICS married to a candidate who Pigeon defeated. Assistant Attorney General Diane LaVal- asked him to intercede with Senate Majority The genesis of the Pigeon investigation The Republican Election Commissioner lee will assist Sadinski. And while the facts Leader Malcolm Smith. was also touched with politics. was often foiled by Pigeon candidates. may be of a political nature, no one is alleging The meeting was unproductive and that’s It began when complaints were filed with But this is politics and none of these it will bleed into the courtroom. when Pigeon engineered the famous coup by the Erie County Board of Elections concern- good people would mix politics with justice. Yet, it is at least interesting that in 2008, persuading two Democrat senators — Pedro ing a political committee tied to Pigeon. One is sordid and one is pure, how can when LaVallee ran against Frank Sedita for Espada Jr. and Hiram Monserrate to organize The complainants were former Assistant they converge? Erie County DA, Pigeon was the architect of with Republicans. District Attorney Mark A. Sacha, who blames Just to complete the picture of politics as Sedita’s winning campaign. The Republican majority lasted a day Pigeon as the reason his boss DA Frank Sedi- it presently exists, Steve Pigeon supplied An- In 2013, Pigeon was asking Gov. Cuo- as Democrats persuaded Monserrate to re- ta fired him, and two Erie County Legislators, drew Cuomo with early backing for his failed mo to replace a number of former Republican turn. But Espada remained with the GOP Betty Jean Grant and Timothy R. Hogues, gubernatorial bid in 2002. Governor George Pataki hires – with Demo- and a deadlocked senate at 31-31 was the re- whom Pigeon funded campaigns against. He was the only upstate county chairman crats as is customary with changes in admin- sult. Nobody was in control; everybody was When Erie County Democratic Election to endorse Cuomo over the other party boss- istration. scrambling. Commissioner Dennis Ward and Erie Coun- es’ choice, State Comptroller H. Carl McCall. It was well known in political circles at Schneiderman, a lawyer, devised the ty Republican Election Commissioner Ralph Four years later, Pigeon challenged local the time, that Pigeon sought to have Republi- Democrat’s litigation strategy to combat the Mohr got the complaint, they publicly said party bosses to back Cuomo for state attor- can LaVallee fired from her job at the Depart- deadlock as it spilled into court. Schneider- they had “a meeting of the minds” where they ney general against Buffalo attorney Denise ment of Tax and Finance and replaced with a man wrote to his constituents. “This shame- determined that Pigeon should be investigat- E. O’Donnell. Democrat. less takeover attempt is undemocratic.” ed. When Cuomo became governor in 2011, According to a source, LaVallee vol- State Sen. Ruben Diaz Sr. recalled, “In Of course, it is too easy to conclude that Pigeon was influential in New York for the untarily left the position and Schneiderman, 2009 when the coup … happened, the head the two election commissioners were Pi- governor and contributed $54,000 to his cam- who is a political foe of Cuomo, hired her behind it was Steve Pigeon. Eric Schneider- geon’s foes over many campaigns. paign fund in 2011 and 2013. based on her abilities and merit. man was one of the shining stars in the Senate Mohr in fact complained about Pigeon in The New York Post reported that Pigeon SCHNEIDERMAN AND PIGEON Democratic conference, and from that time, 2008, when Pigeon backed popular ex-fighter was part of key strategy meetings for the gov- It is also a fact that Attorney General Eric there has been bad blood.” Joe Mesi against the Republican Party boss ernor’s campaign in 2014. Schneiderman knew Pigeon - before he be- According to three sources who claimed backed Michael Razenhofer of Clarence. After Pigeon was indicted, Cuomo was came attorney general. to have witnessed it personally, after the coup, There was worse blood between Ward asked to by the media about Pigeon. Backed by billionaire Tom Golisano, Schneiderman and Pigeon met accidentally in and Pigeon because of the same race. For He failed to recall that Pigeon ever had a Pigeon directed a political action committee a parking lot of a hotel on Holland Street in years Ward had tangled with Pigeon who position in government. (PAC), called Responsible New York PAC Albany. sometimes beat the party bosses’ handpicked John Kelly, a Cuomo spokesman, re- which spent more than $4 million on key rac- Schneiderman appeared wroth, and, ac- candidates. leased a brief statement about Pigeon: “As es in 2008 to support Democrats in the state cording to all three sources, threatened Pi- But this time the Democratic party boss- the governor has previously stated, ‘when senate. geon with eventual retaliation for his role in es picked Michelle Ianello. it comes to the integrity of the government, Golisano and Pigeon’s plan was to help the senate upheaval. Pigeon picked Mesi and Mesi beat Ianel- if there is anyone who ever does anything give Democrats control of the senate and in SCHNEIDERMAN MOVES ON lo in the Democratic primary. This probably wrong, there will be zero tolerance for that return they expected an increased share of in- The next election cycle, Democrats lost did not make Ward happy. Ianello is his wife. and I will be the first one to throw the book fluence and attention to Western New York, the majority and Schneiderman left the sen- IN CONCLUSION at them.’ ” normally controlled by New York City. ate, running for attorney general in 2010. So let’s recap: The question of politics The 2008 election put Democrats in the Pigeon opposed him. Andrew Cuomo was raised in the context of whether it had 8 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

Cambria Seeks Info on Plea Deals in Pigeon Case

information which may indicate that the coop- Tony Farina eration of any potential witness was induced by threats, expressed or implied, that unless such cooperation was forthcoming, the poten- olitical operative and former Erie tial witness would be prosecuted.” County Democratic Chairman In simple terms, did the government Steve Pigeon faces nine felony P force Michalek and Betz or others to cooper- counts in a state prosecution involving former ate or face the threat of prosecution. State Supreme Court Justice John Michalek Cambria is also seeking any plea bargain who has already pleaded guilty to two felony deals with Michalek, Betz and possibly others counts, including taking bribe, and who is not to charge them or members of their fam- expected to be a key witness against Pigeon if ilies. Betz reportedly received a guardian- the case goes to trial. ship from Michalek that he wasn’t qualified But Pigeon and his lawyer, prominent de- “Such was the will of the for and has reportedly claimed that Pigeon fense attorney Paul Cambria, seem prepared squeezed him for a $5,000 political donation Father that his Son, blessed to vigorously fight the charges brought by the in return for the help. and glorious, whom he gave attorney general’s special grand jury, claiming Attorney Paul Cambria seeks to Cambria is also seeking documents from Pigeon did nothing wrong in his dealings with learn whether the government to us, and who was born for the government that support the charges Michalek. threatened attorney Edward Betz, against Pigeon, specifically how Pigeon came us, should by his own blood, A look at the discovery and bill of par- former Judge John Michalek and to an “agreement” and/or “understanding” ticulars filed by Cambria July 14 suggests possibly others with charges if they sacrifice, and oblation, offer with Michalek. And Cambria is seeking “ex- Cambria is going to dig very deeply into the failed to cooperate in the prosecu- himself on the altar of the actly how John A. Michalek’s vote, opinion, government’s case, especially the motives of tion of Pigeon. judgment, action decision and exercise of dis- cross, not for himself, by whom the witnesses, looking for weaknesses and cretion as a public servant were influenced by possibly errors in bringing charges against seen by legal experts as anything but a lock. “all things were made,” but for Mr. Pigeon.” Pigeon that were initially triggered by com- One prominent lawyer, who spoke on the con- our sins, leaving us an example Lawyers familiar with the case expect plaints locally of election law violations and dition of anonymity, said Cambria will have Cambria and Pigeon to put up a very strong that we should follow his steps.” were advanced after the seizure of computer plenty of ammunition in a case that may have defense, suggesting it will come down to the and email records during a raid at Pigeon’s been overcharged because of government’s credibility of the witnesses who undoubtedly waterfront condo back in May of 2015. desire to clip Pigeon’s political wings. St Francis of Assisi will face a withering cross-examination by the In a discovery motion aimed at Michalek If it comes to a trial, possibly next year, skilled Cambria in a prosecution that despite and other key prosecution witnesses, includ- it could be the most sensational legal battle in the enormity of the press coverage to date is ing lawyer Edward Betz, Cambria seeks “any local history. 9 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016 10 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

Did Touma Lie By Omission when telling Time Warner about tax hikes?

right after a reassessment would be 100%. By Members of Stop the The LOA for Niagara Falls is currently listed Reassessment Committee at 84% on our tax bills. Many cities and town don’t reassess for years, they just adjust the ime Warner News was in the LOA on the tax bills. All that means is we are neighborhoods yesterday taking currently assessed at 84% of market value photos of stop the reassessment which is fine. T We were also told by a Councilman signs and interviewing residents. The link to the Time Warner video that the Assessor told him that it would cost is http://www.twcnews.com/nys/buffalo/ $700,000 to $800,000 to hire a firm to do the news/2016/07/26/niagara-falls-property- reassessment, although they are telling the According to New York State’s taxpayers it will cost $500,000. It doesn’t reassessment-.html Financial Restructuring Board for A reporter interviewed Council Chairman make sense that they would spend that mon- Local Governments, Niagara Falls ey if the City wasn’t going to benefit from it. Andrew Touma, and again, he deceived is the highest taxed municipality in the people. He said that if an assessment Since when have they ever been concerned New York which, according to a about being fair to the taxpayers which is why increased by $10,000 that taxes would only recent study by WalletHub, is the increase $180.00 per year. they say they are going to reassess? highest state in the US. Therefore, Touma is trying to spin this tax increase Not true, the taxes would increase the City of Niagara Falls is the $465.40 per year. by saying some people are paying more than highest taxed municipality in the they should, and we say okay, then send He is only telling us how much the highest taxed state. city taxes will increase. He is leaving out those property owners a letter suggesting how much the county and school taxes will that they should submit an application to the $46.54 Combined Tax Rate NYS Real Property Services does not Assessment Board of Review to have their increase. x 10 (For $10,000) mandate that reassessments are done every $17.98 City Tax Rate taxes lowered and leave us taxpayers alone. $465.40 Total Yearly Increase year. They only recommend it. What they say Thank you. $ 9.14 County Tax Rate In addition, he said that NYS Law says is that the Level of Assessment (LOA) has to $19.42 School Tax Rate Committee to Stop the Reassessments You Should Reassess Annually. be adjusted every year, for example, the LOA and Continuous Tax Increases

Dyster, Touma Continue To Deceive Taxpayers On Reassessments & Ignore The Will Of The People

value, etc., etc., etc.? We are not! By the Committee to We know that a reassessment is the only Stop the Reassess- way that they can get more money out of us as the city is nearing the maximum taxable ments & Continuous limit allowed by New York State. If they Tax Increases reassess, they lift that bar too. We know that a reassessment will raise our county and school taxes as well. Our elected officials cannot have it both s mentioned in a previous ways, the highest taxed city in the United article, Mayor Paul Dyster, with States and 100 percent assessments! Athe support of Council Chairman The Niagara Gazette had the audacity Andrew Touma, deceived the taxpayers by Some of the elected denizens who to tell home and business owners that we waiting five days after the mayoral election work inside this building continue need to respect and participate in whatever to tell us he was planning to do a citywide to push for a tax reassessment. reassessment process may eventually unfold reassessment. With any luck the voters will evict Council Chairman Andrew Touma, in an editorial published on June 26, 2016. We We were told this will raise assessments them. who will face reelection next year are sick of participating! The Niagara Gazette from between 17 and 40 percent! if he chooses to run, has led the has no right to tell the residents and business An attempt to deceive us by trying to owners in the highest taxed city in the United you claim it has not been done in some time, charge to reassess every property convince us that this is not a tax increase is in Niagara Falls. States that we should respect and participate so great that even Chairman Touma cannot you claim it needs to be done. in, yet again, another huge tax increase. keep his own versions straight and keeps Version #2 In a Niagara Gazette Guest The chorus of voices calling for Mayor contradicting himself. View dated June 22, 2016, Touma said that value, starting with the city’s Financial Dyster and Chairman Touma to resign in light Version #1 In a Niagara Gazette article reassessments do not raise more tax dollars; Advisory Panel”. of this deceit and breach of the public trust dated November 8, 2015, Touma said a what they do is redistribute tax burden. The truth is, on November 29, 2015, the continues to get louder. citywide reassessment is a source of further Version #3 In a Niagara Falls Reporter Advisory Panel recommended a citywide Stop the proposed reassessment and start revenue. He said the city’s residential parcels article dated July 21, 2016, Touma stressed reassessment to raise revenue and they putting OUR casino money into the general are currently assessed at 83 percent of their that it is unlikely that property owners will estimate the increase in assessments would fund so it benefits the people to whom the current value, while some commercial see major up-or-down changes in their add up to $112 million. The panel’s chairman money belongs. properties clock in at roughly 60 percent. He assessments, with the possibility of a 10 to 15 told the city that if it does not control its We will continue to put up signs, pass said he would like to see assessment values percent increase very rare. profligate spending…the money from petitions and protest until our elected officials brought to 100 percent citywide, and to do Which version is the truth? We believe casino… would be diverted to the general heed the voice of the people who pay their so would raise property taxes in the city of it is version #1, uttered before the protesting fund. Another member suggested increasing salaries and stop the proposed “reassessment” Niagara Falls. “We are not where we need to started. taxes for homeowners and businesses. on the highest taxed residents and business be.” He said. “That’s revenue the city is losing As Touma said, “A lot of people believe Do you still think we are fooled by the owners in the United States. out on.” Mayor Dyster, in that same article it is a good thing to determine fair market nonsense you are feeding us about fair market 11 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016 Black Squirrel Home and Garden Walk, Park Place Porch Fest, and Neighborhoods Taking Charge

dead trees and replace with big trees.” Councilman Kenny On Park Place, Rick Crogan and his hus- Tompkins band Michael Murphy were key organizers of the Porch Fest event. “We wanted to accomplish several things,” said Mr. Murphy. “First, we wanted ast Saturday, July 23, my wife to showcase the neighborhood and local mu- Terry and I had the pleasure of sicians at a time when many people who have experiencing two of Niagara Falls’ L not come downtown would actually be here newest events: The Black Squirrel Home and for the garden walk. Second, we wanted to get Garden Walk and the Park Place Porch Fest. the creative class looking at a neighborhood It was refreshing to participate in both. with a ton of potential. Finally, we wanted to On 12th Street and Memorial Parkway have a way to say thank you to our friends and - the Black Squirrel and Garden Walk- we neighbors for taking pride in Niagara Falls.” encountered spectacular lush gardens, none According to Mr. Murphy, three of the of which showed signs of this summer’s un- historic homes opened their porches, fea- ending dry spell. Each one gained praise from turing six musicians. In addition, two of the Terry, who is has an amazing green thumb of neighborhoods churches showcased their ar- her own. Councilman Kenny Thompkins visits Black Squirrel Garden Walk. chitecture and beautiful music. Not only did the Black Squirrel Home “Zach Carr and Jonah Crull wrapped up and Garden Walk offer a glimpse into home- the day with an amazing set in front of our owners’ beautiful landscapes, but they offered house,” he added. “We had an impromptu jam information on the history of this hidden gem session during our post fest BBQ.” of a neighborhood. With Mr. Crogan being the key organizer There were several associated events that for two of Niagara Falls’ finest music festi- took place in conjunction with this self-guid- vals, the Niagara Arts and Music Festival in ed tour, including demonstrations on using June and the upcoming Boots, Brews, and herbs for cooking and a guided tour of Oak- Bacon Festival at the end of September, it wood Cemetery. wasn’t a surprise that the Porch Fest included The Porch Fest in the historic Park Place top quality local music. district was also a perfect way to spend a hot, In addition to the open porches, Mr. sunny day. We sat in the shaded refuge of the Murphy commended neighbor Mary Leahy, homes’ expansive porches, listened to live who he said was instrumental in organizing a music and enjoyed the company of other city neighborhood clean-up prior to the event, and residents while sipping frosty beverages. Nina Manzare from DPW, who worked with What made these events amazing wasn’t the neighborhood’s block club to get lawns on simply the vibrant gardens or the hospital- abandoned properties mowed and to collect ity. It was that each of these neighborhoods the trash gathered during the clean-up. strongly reflect a powerful movement that Interest in participating appears to be could spur the revitalization of Niagara Falls. growing. There were residents on Whirlpool, Here are city residents who decided to Thompkins at Porch Fest. He commends the good neighbors who put on 5th Street, and 4th Street who, although out- make a difference in reviving sections of town events without government subsidies. side the ‘district,’ seemed thrilled to be a part in which they live, without use of city funds. of the event. Ruth Cooper, a 12th Street resident, leads birdbath that is on display in our garden,” said “With the help of the Niagara Falls Po- The Black Squirrel Home and Garden the Black Squirrel Block Club which orga- Mrs. Galyn. “As if we hadn’t gone overboard lice and Fire Departments, Lewiston Garden Walk may be expanding next year to include nized the garden walk. enough, we gave out free herbs and made a Club and the Niagara Falls Public Library, a other blocks, specifically Fort Avenue, across As she explained, Black Squirrel is an display about the price of goods and the na- ‘plant library’ has been established to sustain Portage Road and the 7th Street and 5th Street ongoing movement to stop blight in a neigh- ture of American society in 1908, the year our current plantings and help with expansion to areas. borhood that has unfairly been perceived as home was built. It might have been a little additional blocks,” Mrs. Cooper said. “Plant- In my role of councilman, it’s heartening “feral and dangerous.” overkill (laughter).” ings were done at five houses that otherwise to see residents like the Coopers, Galyns, and “Some have taken advantage of this per- Mrs. Galyn reiterated the impact that the would have been barren of landscaping.” the Crogan-Murphys who want to take a lead ception as justification for using the area as a Black Squirrel Home and Garden Walk had In addition, the committee created flower in revitalizing their own neighborhoods and ‘dumping ground.’,” Mrs. Cooper explained. on visitors. baskets for residents who might not be able to making a difference. “Unscrupulous landlords and benign neglect “We showed that there are good quality afford such luxuries. These are people who aren’t waiting for has added to what people believe is occurring people who live downtown and who are re- According to Mrs. Cooper who has lived the city to come to their aid. They are finding in the core of our city,” storing and improving these grand old homes in the neighborhood with her husband John creative ways in which to rebuild and attract The purpose of the Black Squirrel is, Mrs and gardens,” she said. “I think we succeeded for 10 years, “The Black Squirrel commit- people to these neighborhoods and let them Cooper said in a press release, to “reconnect in doing that and in possibly attracting new tee members are looking forward to holding visualize the opportunities of living a small people with the downtown core and dispel people to join us. We also had several peo- some workshops for new gardeners, specif- city like ours. those beliefs.” ple who do not currently live in Niagara Falls ically our gardeners-in-training. Landlords The biggest takeaway I learned from Points along the garden walk were punc- asking about properties that might be for sale and renters have expressed an interest not this experience is it doesn’t take government tuated with doors salvaged from demolished in our neighborhood. only in flower gardening, but vegetable gar- funding to host wonderful city events, to cre- homes and repurposed as markers which also “My favorite moment was when a lady dening. We will be connecting with other peo- ate oasis-like gardens in the middle of the city, told the story of the neighborhood’s history. who grew up on our street and moved to the ple and potentially holding some fundraisers or build sustainable neighborhoods that re- At Andrea and Tina Galyn’s house, we suburbs said that she was so proud of how to do a mass planting of bulbs throughout our flect the vibrant and diverse culture in which enjoyed a history lesson and some delicious far the neighborhood has come and that she neighborhood and local park.” we have here in Niagara Falls. home-brewed sun tea. The women are new to might consider retiring downtown.” One major concern in the neighborhood In fact, Terry and I are inspired to con- the neighborhood and did extensive work to In addition to the garden walk, in the is the ash borer an insect that feeds on Ash sider extending the walk to Deveaux next restore their home, as we could see through short time since its inception the Black Squir- trees and kills them. summer. a pictorial journey of which they proudly rel has hosted a perennial sale, entered a float “This is a problem .... in neighborhoods I hear that both neighborhoods are con- shared. in the Community Memorial Day Parade throughout the city,” Mrs. Cooper said. “We sidering Christmas-themed events and you “We had a before and after scrapbook to (which took third place!), and entered the will be connecting with our state representa- can be sure that I’ll be headed down to see talk to people about our renovation. We also “Queen of the Black Squirrel” in the Lewis- tives within the next two weeks to see what what’s in store. had free plans in the backyard to make a DIY ton GardenFest’s container contest. we can do from the state level to clear out 12 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

charge 33.33% on a contingency basis, which and if they have a viable approach towards is the percentage he can take out after the trial resolving it. If they are unable or unwilling or settlement of the case. This percentage is to discuss their plan with you, you have every not a random figure; it is set by the Rules of right to pull your file and go to someone who the Unified Court System. It makes no differ- will respect your opinion and your time. ence whether you have one attorney or three. This is not so much about getting a sec- If the case is resolved in your favor, you will ond opinion as it is getting peace of mind. Be- collect 66.7% of that award. It will be up to ing involved in a lawsuit is a stressful event. the attorneys to figure out how they are going Your lawyer should be a supportive partner Ask the Judge – Question #9 to split the remaining 33.33%. in this endeavor, not some distant function- Dear Judge Bayger: This is important because the power is ary who cannot be bothered to talk to you. I I’m really miffed at my lawyer. Over a truly in the hands of the client, not with the consider it a privilege to serve my clients, and year ago, I fell off of a ladder after it slipped lawyer, as some would have you believe. You others within this profession would do well to while I was repairing my neighbor’s roof. I always have the option of changing attorneys, remember the same. was trying to do someone a favor, but the lad- particularly if you are not satisfied with the (Retired State Supreme Court Justice der he provided didn’t stay in place. Anyway, Judge Frank R. Bayger service you are receiving. The client is the Frank R. Bayger is inviting you to submit le- I got a lawyer, and at first he seemed happy boss. A qualified attorney is an advisor; a gal questions pertaining to personal injury or to have me. He talked about suing my neigh- well-educated, knowledgeable guide to be wrongful death cases to him for a published bor’s insurance company, the store he bought John Q. Annoyed certain, but he or she works for you. Their response. Email your questions to Judge the ladder from, and the company that made It is not for you to get his attention. It is job is to meet your needs, not the other way Bayger, a Hall of Fame trial lawyer, and the the ladder. That was then. Now, I call to incumbent upon him to earn your business. In around. judge will respond in writing in the Niagara check on the progress of the case, and I rare- a previous column, I have touched upon the Without knowing more facts, I cannot Falls Reporter. Send your email to frankrbay- ly hear anything. He doesn’t return my calls, concept of changing lawyers in the middle of say whether or not your ladder case has mer- [email protected] or write to the Law Firm of and when I get a call back, it’s usually his as- a case. Allow me to now elaborate further. it, but you should discuss the case with your Frank R. Bayger, P.C., 2578 Niagara Falls sistant. What can I do to get his attention? As I explained before, in a typical per- attorney to find out how they view the case, Blvd., Niagara Falls, NY 14304.) Sincerely, sonal injury case, an attorney is bound to

NEWS, PRESS RELEASES, LETTERS TO THE EDITOR

If you have a news tip, a news story, if your organization has a press release, or if you just have something important to say which would be interesting to our readers in the communities we serve, send it to us by email at [email protected]. Or call at 716-284-5595 All submissions are reviewed carefully and whenever possible published in our pages.

The world is ready to give up its secrets if we only know how to knock, how to give it the necessary blow. The strength and force of the blow come through concentration. -- Swami Vivekananda 13 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016

Biosolids Are a Normal Part of Agriculture

are themselves dedicated to protection of Ned Beecher, public health and the environment. Waste- Executive Director water treatment was identified by the -Brit ish Medical Journal as the most important NEBRA (www.nebiosol- public health advance of the past 150 years. ids.org) Biosolids management is a part of it. Pub- lic wastewater treatment officials around the country, the federal EPA, the U. S. Dept. ast week, the Town Board in of Agriculture, the U. S. Food & Drug Ad- Wheatfield decided to defend the ministration, and every state environmental town’s local ban on biosolids use agency – not just NY’s – support regulated L biosolids use. These agencies exist to pro- on farms. Biosolids are treated and tested wastewater solids that are excellent soil tect public health and the environment. Al- amendments. though Wheatfield’s leaders have learned a In June, Wheatfield was notified by lot about biosolids over the past two years, the Department of Agriculture and Markets their expertise cannot be expected to equal (NYSDAM) that the Town Biosolids Law that of these many agencies. runs contrary to the state’s “right-to-farm” The NYSDAM ruling (to which Wheat- law, which is intended to protect farms field’s Board has just responded) provided an from arbitrary restrictions. In their response independent review of the merits and risks of (available at the Wheatfield website), the biosolids. The agency found “the Town of Town Board claims that NYSDAM “large- Wheatfield did not provide any new -infor ly ignored the mounting scientific evidence mation demonstrating that the existing DEC concerning the inadequacy of the federal and and EPA regulations for the land application state governments’ outdated biosolids regu- of biosolids in New York have not been ade- lations and completely failed to address the quate to protect the public health and safety.” scientific evidence of the unfavorable local The state Department of Health came to the soil conditions within the town.” They claim same conclusion. that unregulated pollutants in biosolids (e.g. NYSDAM provided a similar letter to trace chemicals from products used in homes the town of Bennington last year, requir- every day) create risk. ing that town to not enforce its ordinance The Board’s actions are not surprising; restricting biosolids use. Bennington com- they have been pressured by a few citizens plied. Under the state “right-to-farm” law, who are more active and vocal than the few using biosolids is a normal agricultural ac- farmers who may be interested in using bio- tivity. Notably, Pennsylvania’s highest court solids. They are responding to (some of) came to the same conclusion last year in a their constituents. ruling based on that state’s “right-to-farm” But their entrenched, absolutist posi- law. tion is unfortunate and unnecessary. There is Wheatfield’s Board, driven by a few no valid “mounting scientific evidence con- vocal citizens, are choosing to fight - at cerning the inadequacy of federal and state” considerable cost to all involved. Their regulations. Decades of research at universi- technical arguments about local conditions ties across North America – and two Nation- may have merit; but those arguments can be al Academy of Science reviews – have deter- made as part of local oversight of biosolids mined that biosolids use in accordance with use under existing state regulations. Instead, regulations is acceptable. And local soil the Board is choosing to defend an extreme conditions and water tables are addressed outright ban. under state biosolids regulations; if a local Wouldn’t it be more constructive for soil doesn’t meet the research-based state re- all parties to engage in more direct dia- quirements, then biosolids can’t be applied. logue, working toward local compromise (In contrast, manure applications can present solutions? The Board could be instrumen- similar risks if not properly managed, but are tal in advancing such dialogue and mutual far less regulated.) understanding. Like many things, biosol- Biosolids’ safety is also supported by ids recycling is continually improving – in experience. Biosolids compost has been in part because of such dialogues. Rather than use in the area for some time, and New York spending public funds on more years of con- has had ongoing biosolids recycling for de- flict, isn’t there some way to work through cades. Across the U. S., about 60% of waste- the technical issues locally, with transparen- water solids are recycled to soils as biosol- cy and local oversight, to advance learning ids, mostly on farms. Like animal manures, and understanding? biosolids contain critical plant nutrients and Biosolids recycling as a concept is not organic matter that build soil health. Biosol- going away. Wastewater solids have to be ids increase carbon storage and replace some managed. We all contribute to their produc- need for imported fertilizers – significant en- tion, even if we’re on a septic system. You vironmental benefits. Many farmers rely on can burn biosolids or landfill them – both biosolids as just one normal part of their soil of which have environmental impacts. But fertility program. recycling them to soils is usually the best Wheatfield’s Board claims that protec- environmental option. Let’s work together tion of public health and the environment re- on biosolids recycling, making it work for quires the Town ban. They don’t recognize farmers - and their neighbors and towns. We that those involved in biosolids recycling welcome dialogue. Corps of Engineers to use herbicide to kill hydrilla in Erie Canal

䰀䤀唀一䄀 䠀䔀䄀䰀吀䠀 ☀ 匀䄀䘀䔀吀夀 䰀䄀唀一䌀䠀䔀匀 䔀堀倀䄀一䐀䔀䐀 匀唀一 匀䔀一匀䔀 䌀䄀䴀倀䄀䤀䜀一

䘀漀爀 漀瘀攀爀 ㄀㘀 礀攀愀爀猀Ⰰ 琀栀攀 䰀愀戀漀爀攀爀猀ᤠ 䠀攀愀氀琀栀 ☀ 匀愀昀攀琀礀 䘀甀渀搀 漀昀 一漀爀琀栀 䄀洀攀爀椀挀愀 栀愀猀 爀甀渀 愀渀 愀渀渀甀愀氀 匀甀渀 匀攀渀猀攀 挀愀洀瀀愀椀最渀 琀漀 爀愀椀猀攀 愀眀愀爀攀渀攀猀猀 愀戀漀甀琀 琀栀攀 搀愀渀最攀爀猀 漀昀 猀欀椀渀 挀愀渀挀攀爀⸀ 䄀挀挀漀爀搀椀渀最 琀漀 琀栀攀 An underwater view of dense hydrilla beds in the Erie Canal, September 䄀洀攀爀椀挀愀渀 ☀ 䌀愀渀愀搀椀愀渀 䌀愀渀挀攀爀 匀漀挀椀攀琀椀攀猀Ⰰ 渀攀愀爀氀礀 ㌀ 洀椀氀氀椀漀渀 瀀攀漀瀀氀攀 2012. 椀渀 一漀爀琀栀 䄀洀攀爀椀挀愀 愀爀攀 搀椀愀最渀漀猀攀搀 眀椀琀栀 猀欀椀渀 挀愀渀挀攀爀 攀愀挀栀 礀攀愀爀⸀ 伀瘀攀爀攀砀瀀漀猀甀爀攀 琀漀 琀栀攀 猀甀渀 椀猀 琀栀攀 洀漀猀琀 挀漀洀洀漀渀 挀愀甀猀攀 漀昀 猀欀椀渀 挀愀渀挀攀爀⸀ n an attempt to eradicate the invasive Hydrilla, an aggressive and competitive 䰀䠀匀䘀一䄀 琀栀爀漀甀最栀 䰀愀戀漀爀攀爀猀ᤠ 䰀漀挀愀氀 㤀㄀ 搀椀猀琀爀椀戀甀琀攀猀 猀甀渀猀挀爀攀攀渀Ⰰ 氀椀瀀 aquatic plant hydrilla in the Erie plant, displaces native species sometimes cre- 戀愀氀洀Ⰰ 愀渀搀 渀攀挀欀 昀氀愀瀀猀 琀漀 瀀爀漀琀攀挀琀 氀愀戀漀爀攀爀猀 昀爀漀洀 琀栀攀 攀砀瀀漀猀甀爀攀 琀漀 ICanal, the U.S. Army Corps of ating monocultures and causing imbalance to 猀甀渀氀椀最栀琀⸀ 䰀愀戀漀爀攀爀猀 漀爀 愀渀礀漀渀攀 猀瀀攀渀搀椀渀最 琀椀洀攀 漀甀琀搀漀漀爀猀 猀栀漀甀氀搀 琀愀欀攀 Engineers, Buffalo District, will be treating ecosystems. the canal from the Delaware Bridge in the It was first introduced to the southern 琀栀攀 渀攀挀攀猀猀愀爀礀 瀀爀攀挀愀甀琀椀漀渀猀 琀漀 洀椀渀椀洀椀稀攀 琀栀攀椀爀 猀欀椀渀 攀砀瀀漀猀甀爀攀 琀漀 cities of Tonawanda and North Tonawanda, to United States in the 1950s when a Florida 栀愀爀洀昀甀氀 甀氀琀爀愀瘀椀漀氀攀琀 ⠀唀嘀⤀ 爀愀礀猀⸀ West Canal Marina in the Town of Pendleton, west coast aquarium dealer began shipping approximately 5-miles upstream - with an live Hydrilla from Sri Lanka under the com- 伀昀 挀漀甀爀猀攀Ⰰ 戀攀椀渀最 漀甀琀搀漀漀爀猀 昀漀爀 洀愀渀礀 椀猀 甀渀愀瘀漀椀搀愀戀氀攀 猀漀 眀栀攀渀 礀漀甀 application of endothall (Aquathol K) an mon name “Indian star-vine.” 最漀 漀甀琀猀椀搀攀Ⰰ 琀愀欀攀 琀栀攀猀攀 瀀爀攀挀愀甀琀椀漀渀猀㨀 aquatic herbicid. Some hydrilla was dumped into a canal After application, swimming is prohibit- near Tampa Bay, where it flourished. Other ed for one day. The concentration of endothall reported releases helped it spread throughout ∠ 䴀漀猀琀 椀洀瀀漀爀琀愀渀琀氀礀Ⰰ 愀氀眀愀礀猀 眀攀愀爀 猀甀渀猀挀爀攀攀渀⸀ 䴀攀渀Ⰰ 眀漀洀攀渀 愀渀搀 in treated areas will not be toxic to dogs, cats, Florida and the southeastern U.S. Hydrilla 挀栀椀氀搀爀攀渀 猀栀漀甀氀搀 瀀甀琀 椀琀 漀渀 攀瘀攀爀礀 搀愀礀 愀渀搀 爀攀愀瀀瀀氀礀 琀栀爀漀甀最栀漀甀琀 琀栀攀 or livestock exposed to the herbicide. There has become the most serious aquatic weed 搀愀礀⸀ 唀猀椀渀最 愀渀 匀倀䘀 ⠀猀甀渀 瀀爀漀琀攀挀琀椀漀渀 昀愀挀琀漀爀⤀ 漀昀 ㌀ 椀猀 爀攀挀漀洀洀攀渀搀攀搀⸀ are no restrictions on catching and eating fish. problem for Florida and most of the U.S. 䄀渀礀 氀漀眀攀爀 匀倀䘀 眀椀氀氀 渀漀琀 瀀爀漀琀攀挀琀 礀漀甀爀 猀欀椀渀 昀爀漀洀 栀愀爀洀昀甀氀 唀嘀 爀愀礀猀 “This is the third year of treatment to re- causing economic, environmental, and eco- duce hydrilla in the Erie Canal and we contin- logical damage. 愀渀搀 愀渀礀 栀椀最栀攀爀 匀倀䘀 最椀瘀攀猀 愀 昀愀氀猀攀 猀攀渀猀攀 漀昀 瀀爀漀琀攀挀琀椀漀渀⸀ ue to see a reduction of hydrilla as a result of Recently hydrilla has spread to some of ∠ 吀爀礀 琀漀 愀瘀漀椀搀 猀甀渀 椀渀 琀栀攀 洀椀搀搀氀攀 漀昀 琀栀攀 搀愀礀Ⰰ 昀爀漀洀 愀戀漀甀琀 ㄀ 愀洀 琀漀 ㌀ the treatment methods,” said Mike Greer, US- the glacial lakes of the Northeast and Mid- 瀀洀⸀ 吀栀攀 甀氀琀爀愀瘀椀漀氀攀琀 爀愀礀猀Ⰰ 眀栀椀挀栀 挀愀甀猀攀 猀甀渀戀甀爀渀Ⰰ 愀爀攀 猀琀爀漀渀最攀猀琀 ACE project manager. “Our biologists have west. Many of these sites are also being treat- 搀甀爀椀渀最 琀栀椀猀 琀椀洀攀⸀ 圀栀攀渀 礀漀甀 搀漀 最漀 漀甀琀搀漀漀爀猀Ⰰ 攀猀瀀攀挀椀愀氀氀礀 昀漀爀 氀漀渀最 documented that native plants have begun to ed to eradicate hydrilla. 瀀攀爀椀漀搀猀 椀渀 琀栀攀 洀椀搀搀氀攀 漀昀 琀栀攀 搀愀礀Ⰰ 眀攀愀爀 瀀爀漀琀攀挀琀椀瘀攀 挀氀漀琀栀椀渀最⸀ 圀攀愀爀 repopulate and grow in areas that had been The eradication of hydrilla in the Erie previously infested with hydrilla. The rein- Canal is considered important since the canal 猀甀渀最氀愀猀猀攀猀 琀栀愀琀 昀椀氀琀攀爀 唀嘀 氀椀最栀琀⸀ troduction and growth of native plants will can be a major conduit for spread of hydrilla ultimately provide more habitat for native fish eastward to the Finger Lakes and westward 吀栀椀猀 礀攀愀爀 椀渀 愀搀搀椀琀椀漀渀 琀漀 琀栀攀 瀀爀攀挀愀甀琀椀漀渀猀 漀昀 猀甀渀 攀砀瀀漀猀甀爀攀Ⰰ 眀攀 愀爀攀 populations throughout the canal.” into the Great Lakes. 昀漀挀甀猀椀渀最 漀渀 瀀爀攀瘀攀渀琀椀渀最 栀攀愀琀 猀琀爀攀猀猀⸀ 圀漀爀欀椀渀最 氀漀渀最 搀愀礀猀 甀渀搀攀爀 琀栀攀 DEC Regional Director Abby Snyder 栀漀琀 猀甀渀Ⰰ 猀漀洀攀琀椀洀攀猀 椀渀 挀漀渀昀椀渀攀搀 猀瀀愀挀攀猀 漀爀 眀攀愀爀椀渀最 瀀攀爀猀漀渀愀氀 added, “We encourage all boaters to take ac- tion to protect local waters from hydrilla and 瀀爀漀琀攀挀琀椀瘀攀 攀焀甀椀瀀洀攀渀琀 ⠀倀倀䔀⤀Ⰰ 瀀甀琀猀 䰀愀戀漀爀攀爀猀 愀琀 栀椀最栀 爀椀猀欀 昀漀爀 栀攀愀琀 other aquatic invasive species that move eas- 猀琀爀攀猀猀⸀ 䠀攀愀琀 猀琀爀攀猀猀 漀挀挀甀爀猀 眀栀攀渀 栀椀最栀 栀攀愀琀 漀爀 攀砀攀爀琀椀漀渀 氀攀瘀攀氀猀 搀漀 渀漀琀 ily between waters on boats and trailers. By 愀氀氀漀眀 琀栀攀 戀漀搀礀 琀漀 挀漀漀氀 漀昀昀 昀愀猀琀 攀渀漀甀最栀⸀ 䤀琀 氀攀愀搀猀 琀漀 栀礀搀爀愀琀椀漀渀Ⰰ following proper boat cleaning and inspection 洀甀猀挀氀攀 挀爀愀洀瀀猀Ⰰ 栀攀愀琀 攀砀栀愀甀猀琀椀漀渀 愀渀搀 椀渀 攀砀琀爀攀洀攀 挀愀猀攀猀Ⰰ 栀攀愀琀 猀琀爀漀欀攀⸀ practices, you can make a difference.” 一攀眀 椀渀昀漀爀洀愀琀椀漀渀 漀渀 瀀爀攀瘀攀渀琀椀渀最 栀攀愀琀 猀琀爀攀猀猀 愀渀搀 眀愀礀猀 琀漀 猀琀愀礀 挀漀漀氀 To learn more about what you can do to help prevent hydrilla from spreading, visit 愀琀 眀漀爀欀 眀椀氀氀 戀攀 愀瘀愀椀氀愀戀氀攀 愀琀 琀栀攀 琀爀愀椀渀椀渀最 昀愀挀椀氀椀琀礀 琀栀椀猀 猀甀洀洀攀爀⸀ http://www.stophydrillawny.org. 吀栀攀 䰀愀戀漀爀攀爀猀 ጠ 䔀洀瀀氀漀礀攀爀猀 䌀漀漀瀀攀爀愀琀椀漀渀 愀渀搀 吀爀愀椀渀椀渀最 吀爀甀猀琀 攀渀挀漀甀爀愀最攀猀 愀氀氀 洀攀洀戀攀爀猀 愀渀搀 攀洀瀀氀漀礀攀爀猀 琀漀 椀渀挀漀爀瀀漀爀愀琀攀 猀甀渀 瀀爀漀琀攀挀琀椀漀渀 洀攀愀猀甀爀攀猀 椀渀琀漀 琀栀攀椀爀 搀愀椀氀礀 爀漀甀琀椀渀攀 樀甀猀琀 愀猀 琀栀攀礀 眀漀甀氀搀 愀渀礀 LEGAL NOTICE 漀琀栀攀爀 猀愀昀攀琀礀 戀攀栀愀瘀椀漀爀⸀ 刀攀最甀氀愀爀 愀渀搀 氀椀戀攀爀愀氀 愀瀀瀀氀椀挀愀琀椀漀渀 漀昀 猀甀渀猀挀爀攀攀渀 愀渀搀 洀椀渀椀洀椀稀椀渀最 洀椀搀搀愀礀 愀渀搀 栀椀最栀 猀甀渀 攀砀瀀漀猀甀爀攀猀 琀栀爀漀甀最栀漀甀琀 琀栀攀 礀攀愀爀 眀椀氀氀 甀猀甀愀氀氀礀 瀀爀攀瘀攀渀琀 猀欀椀渀 挀愀渀挀攀爀⸀ 䰀愀戀漀爀攀爀猀 渀攀攀搀 琀漀 甀猀攀 氀椀瀀 Notice is hereby given that a license has been applied for by Asiago’s, LLC 戀愀氀洀Ⰰ 渀攀挀欀 昀氀愀瀀猀Ⰰ 挀漀漀氀椀渀最 挀氀漀琀栀攀猀 愀渀搀 猀甀渀 猀挀爀攀攀渀 瀀愀挀欀攀琀猀 愀瘀愀椀氀愀戀氀攀 DBA Waterfront Grill, 6124 Buffalo 昀爀攀攀 愀琀 琀栀攀 唀渀椀漀渀 栀愀氀氀 琀漀 瀀爀漀琀攀挀琀 愀最愀椀渀猀琀 搀愀洀愀最椀渀最 攀砀瀀漀猀甀爀攀 琀漀 Ave., Niagara Falls, NY 14304, County 猀甀渀氀椀最栀琀⸀ 吀栀攀 䰀愀戀漀爀攀爀猀 攀渀挀漀甀爀愀最攀 攀瘀攀爀礀漀渀攀 琀漀 琀愀欀攀 愀瀀瀀爀漀瀀爀椀愀琀攀 of Niagara, for on premises consumption. 猀琀攀瀀猀 琀漀 瀀爀漀琀攀挀琀 琀栀攀洀猀攀氀瘀攀猀 昀爀漀洀 栀愀爀洀昀甀氀 猀甀渀 攀砀瀀漀猀甀爀攀⸀ 7/21/16, 7/28/16 15 NIAGARA FALLS REPORTER JULY 28 - AUG 3, 2016