FREE April 3rd, 2019 - April 9th, 2019 NiagaraReporter.com Vol. 19, No. 47 FREE Caroline Wojtaszek Tackles Tough Challenges as Niagara County DA By: Tony Farina Analysis In my long career as an investigative journalist based in Buffalo, first at the late Buffalo Courier-Express and later at Channels 2 and 7, I covered a lot of district attorneys, including Mike Dillon, Ed Cos- grove, Richard Arcara, Kevin Dillon, and Frank Clark. I learned how tough the job could be and there was no real blueprint to follow when a high-profile case wound up in the lap of the DA. And there were many that did. The late Mike Dillon, a giant of a man with the charm of a young Errol Flynn, used to say the toughest part of his job was dealing with friends and family members who somehow got caught up in the system and landed in his office, perhaps a DWI or a fight in a bar. "Sometimes you just know too much about everybody," Dillon confided to (Cont. on pg. 3) Another Look at the Proposed Cell Tower “Gambler’s Ruin” in North Tonawanda By: Robert M. Restaino By: Brendan McDonough Candidate for Mayor of NF Analysis In my last article printed in this newspaper, I compared the fiscal policy of the current adminis- A proposed cell tower in North tration in City Hall with a wagering theory known Tonawanda is being met with mixed as the “gambler’s ruin.” Simply stated the theory reviews. A private company wants contends that in the random process of wins and losses, the longer a person gambles the greater to built the structure at 34 Ward the chance of going broke. Also, starting out with Road, which is right next to Superi- limited resources almost guarantees that gambling will result in certain financial ruin. Nevertheless, or Lubricants. City Building Inspec- the persistent gambler continues to do the same tor Cosimo Capozzi says if ap- thing over and over again convinced that a huge jackpot is just one hand or one spin away. While proved the tower would be 160 feet the gambler believes that the persistent wagering (Cont. on pg. 6) (Cont. on pg. 2) 2
NIAGARA REPORTER APRIL 3, 2018 - APRIL 9, 2019
have possibly been set aside to create an Gamblers Ruin Cont. economic development fund designed to constitutes a beneficial chance, the opposite lure new companies to Niagara Falls? How Vilardo Bids for Fourth School is really true. The betting continues until many companies offering living-wage pay the gambler’s entire stake is lost. scales could have been encouraged to locate Is there enough factual evidence in Niagara Falls with the use of this money? Board Term; Gawel Enters Race to support my argument that for the past Could such a fund have avoided the closing of Globe Specialty Metals on Highland move the district ahead." 12 years the annual budgeting practices Tony Farina The retired battalion chief said developed by the current administration Avenue? are very similar to the wagering habits of a Since 2014, the commercial and during an interview this week that persistent gambler? Can the legitimacy of industrial property tax rate in Niagara Falls Nicholas Vilardo, a retired fire he is also proud of the fact that my argument be established by research- has increased from $30.11 per $1000 of assessed value to $36.98 per $1000. In just department battalion chief, is run- project labor agreements approved ing all of the financial information that is by the district have helped put local available on the City’s official website? Has 5 years, local businesses have been hit with ning for his fourth term with the Ni- the current administration simply adopted a $6.87, or 23 percent, increase in their tax agara Falls School Board, saying he people to work on school projects, the “gambler’s ruin” practice as its official rate. Is this a “business friendly” econom- still has work to do to help decrease saying "we pushed to hire as many fiscal policy? I’ll let you decide. ic environment that has been created by the administration? Is this a strategy for absenteeism and increase graduation local workers as we could, and I'm Since 2008, the current administration definitely proud of our effort to help has exhausted approximately $25 million of business development and expansion or a rates in city schools. the City’s fund balance through its regular process leading to financial ruin? "I think absenteeism and grad- our workforce." inclusion of this money to help cover annu- Actually, during this same 5-year uation rates are connected," says Another achievement Vilardo al operating expenses. Actually, the certified period, the assessed value of all commercial and industrial property in Niagara Falls has Vilardo, "and we want a 100 percent applauds during his time on the FY-2017 audit completed by FreedMaxick, board is the hiring of more safety CPAs indicated that the City’s “unassigned” declined by $13.6 million or approximate- graduation rate if we can get the fund balance was actually in deficit by ly 33 percent. In light of the property tax kids to school, and we've hired five officers in the current year at all $676,618 as of 12/31/2017. policy of the current administration, does schools, and the implementation it surprise you that business development new social workers to help us try Since 2008, the current administration and get there." of pre-school programs for 3 and has transferred approximately $90.24 mil- in Niagara Falls is stagnant? Niagara Falls lion of casino revenue through its annual in- can’t afford any additional policies that Vilardo, who has already served 4-year-olds to help get them ready clusion of this money to cover debt service make developers wary of doing business three five-year terms, is one of six to begin school and cut into the ab- payments and to help cover annual operat- in our city. Any new business development senteeism rate later and encourage that has occurred during this period has candidates competing for two seats ing expenses. In fact as of January 4, 2019, in the election on May 21, with peti- the push to increase the graduation a City spreadsheet of revenues and expenses been sponsored by the financial incentives that covers casino funds received during the offered by USA Niagara and its parent tions due May 1. He joins five other rates. period 2009 to the last recorded payment on company Empire State Development Cor- candidates, including former city "We still have work to do, and I April 12, 2017 indicated that the local share poration. Growing the non-tourist business lawmaker Michael Gawel, a CPA, in want to continue to do that work," of casino money totaled approximately community and improving the climate for says Vilardo. $152.7 million. Of that total, approximately businesses generally, is long overdue. It is the race for the two seats. $40.04 million was paid out to other local the best opportunity to improve our finan- "I also want to be here to see Gawel, who served on the City entities as per the provisions of New York cial stability, lower our dreadful unemploy- through work on the two-step cap- Council back in the early 1990s, is State Finance Law-Article 6-Par. 99-H; thus ment figures and improve neighborhoods by ital project to upgrade our school a tax accountant who has also done leaving the City with approximately $112.6 spurring more home ownership. legal work and changed his plans million for its discretionary use. However, Twenty years ago, in the 1999 city facilities including roof repairs and since the amount of casino revenue pumped budget, property taxes provided about 42.5 air conditioning updates at four to run for the council this year due into the city budget to cover annual oper- percent of the revenue needed to balance elementary schools," said Vilardo to the election law reforms moving ating expenses has averaged about $9.5 general fund expenses. In the 2019 city referring to the $55 million facelift up the petition process, and instead million per year for the last 10 years, there budget, property taxes will provide no more has circulated petitions to run for a is only $694,002 left in the Tribal Fund than 34 percent of the required revenue. approved by voters in 2017. account! Without any serious thought on how to Vilardo won his third term on school board seat. Could the current administration have repair that reduction in recurring revenue, the board in May of 2014 when he Both Vilardo and Gawel bring a found a better use for this $112.6 million are you surprised that New York State had was the leading vote-getter. He wealth of experience to the school than simply covering the bet that annual op- to “bail out” Niagara Falls with an “ad- board race. erating revenues would exceed annual oper- vance” of $12.3 million? Are we on a path said at the time, "I'll keep doing ating expenses? Could some of this money to “gambler’s ruin”? what I've done, put the kids first and 3 NIAGARA REPORTER APRIL 3, 2018 - APRIL 9, 2019 What We, Candidates, and Politicians Must Learn from the Police Exam cities. But we aren’t. answer that most candidates should during this campaign season. If We are one of the nation’s poor- most of the time give, and what we criticize any of the winners too est cities, and it is because many, most politicians should give a lot of harshly, once they’re in office, then if not most of our politicians and the time. they could put us back on our heels candidates could learn a thing or But how could you blame the same way that outgoing Mayor two from the New York State Police the candidates or the politicians; Paul Dyster had put the now-gone exam. who among them have ever been former Councilman Charles Walker I am often mistakenly told of a successful mayor, councilman, on his during a semi-heated council how smart I am. I am not. I am legislator, senator or assemblyman, meeting where Walker’s testoster- simply as experienced as Mark or even a governor, that has actually one levels rose and he vehemently Twain’s stove top cat; maybe less “fixed” this city, or any other city? criticized Dyster. Dyster snapped so, because I have jumped on a lot There are two big issues that the back at Walker’s assertions of Dys- of metaphorical hot stoves, whereas politicians and candidates face: one ter mishandling the trash program Twain’s cat had learned its les- being is our uniqueness as a city; contract – and he did – by saying, son not to jump on any hot stoves and the other is many of them not “You voted for it!” after having done it but once! My fully using the resources that are We voters have to select politi- Ken Hamilton blessed curse is that I have had a available to help them to make “best cians whom, at least, know that they high level of curiosity in how things practices” decisions. don’t have many of the answers, but If our city of Niagara Falls NY work, honesty, and a highly explor- I probably shouldn’t say this, have proven successes in the ability isn’t the most unique city in the atory nature – a nature that drove because inevitably it will be my to properly assess and measure the United States, then it is one of its me to take the state’s police exam- loss; but from time to time I will pe- assets of our city and those of its most unique. We are an industrial ination. I passed it with the highest ruse the waiting rooms and counters people – as flawed as we all are; to city that sits atop the shoulders of possible score – 105 -- and I turned of the city’s offices and ask to take do it in a way that coalesces enough one of the largest natural wonders down the job. There; so much for home to read the dated city-pur- of them into a single unit towards in the world, and in the foot-fall of being smart, huh? chased magazines that they have out real progress; and then further three bridges with one in nearby The lesson back then in taking to browse while waiting. Many of having the ability to include every Lewiston -- which all connect us to the 100 question test, which I didn’t those publications are old and their element of our city partners in its North America’s 7th largest met- finish until moments before the call pages still stiff from them being success. ropolitan area of Toronto Ontario. of “time’s-up”, and then having had either rarely used or never opened. Take this upcoming election We have huge hydroelectric plants, to hurriedly fill-in the last listed To me, that’s indicative of them not seriously: it may be the last best airports, trains and connection to answer of each of the five most filling in the fifth-circle answer of chance that we have to make a real high-speed roads. Additionally, difficult and unanswered questions the police exam, “not enough infor- difference in the legacies of the waste treatment, burial and burning remaining. That answer was “not mation to come to a conclusion.” past, our lives, and the lives of those facilities are already here. In short, enough information to come to a But we have to blame ourselves to come. And let us all get enough as small as we are, we still have ev- conclusion” and was the correct for the politicians’ and candidates’ information to make good decisions erything in the world needed to be answer! Given the lack of success outcomes. All of these candidates at the polls, and thereafter. one of the nation’s most successful that the city has had, it’s the same are being vetted by the voters assistants and 12 support people to help Wojtaszek Cont. her make the best decisions possible. friends, and that wisdom still holds "It is a fast-paced and ever-chang- true. ing environment," she concedes and It is a job where it seems some- "it can be stressful," noting it can be times the whole world winds up in difficult in high-profile cases where the front of you, and that was the reality public may not be privy to all the facts recently for Niagara County District and have already formed an opinion Attorney Caroline Wojtaszek who was based on news accounts or neighbor- forced to ask for a special prosecutor hood gossip. outside of her office when bitter former "So far, so good," she says, and State Sen. George Maziarz unleashed these days she's caught up in research- a barrage of mostly unsubstantiated ing and absorbing New York State's charges against her husband, Henry, criminal justice reforms approved charges that had been investigated in the new budget that, among other already by several agencies. That things, eliminates cash bail for most probe has now landed in the lap of the misdemeanors and nonviolent crimes. Monroe County district attorney after Those reforms also include speedy Erie County DA John Flynn told court trial oversight by the courts and also officials, he wanted no part of it. require prosecutors to turn over evi- All things considered, Caroline dence files earlier to defendants to help Wojtaszek has acquitted herself with ensure speedy trials. All of it has to be said, "I know the case inside and out, "He was just outstanding," says grace and dignity since taking over as absorbed by prosecutors as they seek to and it is important to the community. I Caroline, "and he was a great men- the county's top prosecutor two years punish the criminals in the community couldn't give it up at this point." tor," saying she thinks of the things he ago. The UB Law School graduate was in a fair process, yet protect victims The teenage girl's father has passed talked to her about even now as she well prepared for the conflicts of being and public safety at the same time. away but Wojtaszek stays in communi- goes about her work and prepares for a district attorney having spent 12 years As all of this transpires, Caroline is cation with her mother. "She told me major trial in just a few months. as a prosecutor in the special victims also preparing to put herself on the line that not a day goes by when she doesn't I knew Bob Murphy quite well and unit of the office where cases can be by prosecuting a 25-year-old murder think of her daughter," describing the also held him in very high regard as a difficult on victims, families, and -de case that she had made a high point of heartbreak and pain that has stayed member of a select circle of some of fendants. her campaign more than two years ago. with the girl's mother all these years. the area's best defense attorneys of the "It was good preparation, I had to She will lead the prosecution of the Wojtaszek certainly learned trial day back in 1970s and '80s, the likes deal with a lot of people," she told me high-profile trial of Joseph Belstadt, work from one of the best, the late Bob of Harold Boreanaz and John Con- this week. "It gave me a front row seat, set to begin Sept. 16, the prime sus- Murphy of South Buffalo who was her don. Murphy, Boreanaz and Condon sometimes with only two people in a pect all along in the death of 17-year- mentor during law school and one of are gone, but Joel Daniels, another in room. It helped me learn to be respon- old Mandy Steingasser whose badly the area's top criminal defense lawyers that league, and Paul Cambria are still sible as a prosecutor." decomposed body was found in Bond for many years. around and practicing. Asked about her philosophy, she Lake Park in Lewiston five weeks after The "Murph," as he was known by Caroline Wojtaszek looks ready, quickly says she is governed by "fair- she disappeared. Belstadt was the last friends and family, was indeed an ex- willing, and able to carry on in the ness," and she often consults with her known person to see Mandy before she ceptional trial attorney, and I personally tradition of her mentor, and that will staff on decisions on cases that come disappeared on Sept. 20, 1993. saw him having an entire jury crying stand her in good stead as she goes before her, saying she has a well- Asked why she has elected to lead during his summation in a police bru- forward as the Niagara County District trained and experienced staff of 22 the prosecution of Belstadt at trial, she tality case so many years ago. Attorney. 4
NIAGARA REPORTER APRIL 3, 2018 - APRIL 9, 2019
WEEKLY HEADLINES -Niagara Falls Police are continuing to inestigate an incident ed after police received reports of criminal mischief and a that happened on the 1100 block of Willow Avenue after a male breaking a window with a baseball bat. After arriving, pizza delivery guy was given a counterfeit $100 bill. Ac- a scene developed in the street as multiple individuals began cording to reports, the delivery guy did not notice that the fighting. ring the incident, things escalated prompting more bill was fake until returning to the pizzeria. officers to respond. No injuries were reported. -Niagara Falls Police responded to the 1800 block of Cleva- -Niagara Falls Police arrested Dr. Robert Bull, Jr., on Friday, land Avenue for what residents and police describe as a March 29th, 2019, charging him with third degree crimi- "marijuana dispensary." According to reports, Police raided nal sexual act for allegedly performing oral sexual conduct the home for a second time in as many months after suspect- with a 17-year-old patient. Police say this occurred at an ing the sale of narcotics. What police discovered, however, after-hours medical clinic through the Colisano Center for was a full functioning marijuana dispensary that included Community Health in Niagara Falls. marijuana in different flavors as well as edibles. One neigh- -Niagara Falls Police responded to Pierce Avenue in the bor described the home as "poppin." evening hours of Thursday, March 28th, 2019, for a gang -Niagara Falls Police responded to the 400 block of 17th assault. According to reports, one man was beaten so badly Street in the early morning hours of Friday, March 29th, that he nearly bit off his tongue while being assaulted. The 2019, for a domestic incident that escolated into a standoff victim was transported to the hospital with serious injuries. with police. According to reports, two people were arrest- 5 NIAGARA REPORTER APRIL 3, 2018 - APRIL 9, 2019
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NIAGARA REPORTER APRIL 3, 2018 - APRIL 9, 2019
Cell Tower Cont. high and be built on a 40 by of the site and adding another 40-foot piece of land. Capozzi would bring much needed rev- says he first was contact a year enue into the City. ago by a lawyer representing But if it should fall, he Upstate Tower Co, LLC to says residents will be the ones construct it. impacted. “Our first priority has al- “You have a 160-foot tower ways been to have it on City and if it falls over it is going property. The other comment to be on top of our neighbors. I had was that it is so close to They came back with the top a lot of residents, my question area will carefully fall on our them is, you need to justify 40 by 40-foot spot, I am not why this is the one and only an engineer but common sense location,” said Capozzi. says this does not sound right,” Capozzi he would like to said Capozzi. see the tower moved 40 feet An addition to safety is- back to 172 Ward but it is still sues, officials says more pub- too close to residents. lic policy formats need to be He says he consulted with followed. City Attorney and City Engi- “They have never applied neer Dale Marshall to come up for a special use permit to the This is the proposed site for the cell tower. with different options. But the council, we have yet to send company only wants to build it notices to everyone within documents justify that particu- “It is not where we want on Ward Road. 1500 feet and at some point, lar location and that particular it, it affects way too many “They are pushing for this we have to have a public hear- height. So, we do need a 3rd neighbors, it is too close to particular site and they need to ing,” said Capozzi. party,” said Capozzi Gratwick. It is much too close document and prove with evi- Capozzi is also suggesting No decisions were made at to all the infrastructure at 34 dence why this is the only site the City get a 3rd party expert the Common Council Work- Ward, with all the tanks and they can have,” said Capozzi. to look more into the matter. shop but for Capozzi, Ward everything else there,” said Currently three other tow- “I know what I don’t know Road is not right location for Capozzi. ers are within a 1.5-mile radius and I do not know if those this project. 7 NIAGARA REPORTER APRIL 3, 2018 - APRIL 9, 2019 Controversy over County Music Festival
By: Brendan McDonough Large. Gowel says it would be similar Promoter Mike Gowel is still to the “Thunder on the Niagara” fighting to have the Cities first ever crowd that stays overnight during Country Music Festival in North the summer event. Tonawanda but concerns over drink- “There is going to be lights out ing and over night guests are raising at 11pm,” said Gowel. eyebrows. Gowel is hoping to have For Common Council President, the 2-day event at Gratwick Park in Eric Zadzilka, there is no way to August. Last Tuesday he met again compare a boat race to a Country with members of the Common Music Festival. Council addressing concerns about “Some of them at the boat race how many people would be camp- were from other Countries. We had ing out.= people from Australia, Canada, New “We have some contract pro- Zeland, they are working on their posals with different groups, and all boat and not partying and drinking,” of them require that everyone gets said Zadzilka. their own room or an on-site trail- Gowel says he is going to try er,” said Gowel. and make the number of overnight Currently the number of people guests at the park, a smaller number sleeping over at the Pak stands at and is going to look again at putting 68, it’s something the police de- some of the artists up in area mo- partment and fire department do not tels. agree with, as well as some mem- No decisions were made at the bers of the common council. Workshop but Gowel says he is “We originally talked about a going to re-work the numbers and small number- 68 is not a small meet again with the police depart- number and that is not a campsite,” ment to address any safety con- said Bob Pecoraro, Alderman- at- cerns.