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Feds say ‘Wolf of Wall Street’ scheme operated in Lakewood

In last year’s hit movie “The Wolf of Wall Street,” actor Leonardo DiCaprio played an unscrupulous stockbroker who made money beyond his wildest dreams by running an illegal “pump-and-dump” securities fraud scheme that victimized small investors all over America.

On a much smaller scale, two Chautauqua County residents are accused of making millions of dollars running a similar scheme based in the pretty and usually sedate lakefront village of Lakewood by using websites like bestdamnpennystocks.com.

Charges unsealed in federal court earlier this week accuse Eric Cusimano and Jamie Boye of duping thousands of investors into buying nearly worthless penny stocks at inflated prices. Cusimano and Boye are charged with felony securities fraud. Those two men and Cusimano’s wife, Jessica, are accused of felony money-laundering.

The Buffalo News was unable to reach any of the defendants Friday, and court officials said the names of their attorneys have not yet been made public.

The defendants used consulting companies, newsletters and websites called bestdamnpennystocks.com and trypennystocks.com to put out misleading information that caused investors to buy stocks at highly inflated prices, according to Assistant U.S. Attorney Aaron J. Mango and Michael K. Klimczak, a criminal investigator with the Internal Revenue Service.

Once the prices were inflated, the stocks were sold, netting huge profits for people who were in on the scheme, the feds charged.

At least 60,000 investors subscribed to Eric Cusimano’s websites, investigators charged, alleging that he received at least $4.26 million to “tout” 26 penny stocks. Boye is accused of receiving at least $980,000 to tout 15 penny stocks.

Eric and Jessica Cusimano were arrested earlier this week while visiting Panama. Both are expected to appear in Buffalo’s federal court next week before U.S. Magistrate Judge H. Kenneth Schroeder Jr., court officials said.

Boye’s specific whereabouts were unknown Friday, but a law enforcement official said he is believed to be already in custody in connection with a matter unrelated to the securities fraud case.

Companies that issued stock would pay the defendants thousand of dollars to publish information touting the stocks to investors. The venture, according to court papers, was profitable for Boye and the Cusimanos.

Between 2009 and 2012, Eric Cusimano deposited more than $6 million in one of his bank accounts, and between 2008 and 2012, Boye deposited nearly $1.4 million in another account, federal agents charged,

During the summer of 2011, the Cusimanos – who also had an address in Texas – spent more than $48,000 on a pontoon boat that they purchased from a business in Chautauqua County, agents charged.

“At the time Cusimano wrote the check” for the boat, “his sole source of income was the pump-and-dump fraud scheme,” Klimczak said in a court statement. The agent said the boat was registered in the name of Jessica Cusimano, who listed a rented lakeside cabin as her address.

Boye wrote a check for more than $49,000 to buy a Cadillac Escalade from a Buffalo-area car dealer in 2009, the agent said.

A cooperating witness told authorities that Eric Cusimano and Boye initially called their business “stock speculating” but later called it “pump-and-dump” during discussions with the witness.

“A pump-and-dump stock fraud scheme is designed to fraudulently inflate the prices of publicly traded stocks of companies, generally stocks of companies with low stock prices (known as penny stocks) through a variety of fraudulent and misleading statements and practices that are designed to deceive investors,” the IRS investigator said in court papers.

“The Wolf of Wall Street” was based on the true story of stockbroker Jordan Belfort, who went to prison for engineering a massive pump-and-dump scheme that made him hundreds of millions of dollars. Belfort ran a Long Island brokerage firm called Stratton Oakmont and hired hundreds of people in the 1980s and 1990s.

After his arrest in 1998, he was forced to close his business, was sentenced to 22 months in federal prison and was ordered to pay $100 million back to investors. Now out of prison, he is a motivational speaker and author.

The Internet and the increasing use of social networking sites have made it easier for fraud artists to carry out pump-and-dump schemes, according to the U.S. Securities and Exchange Commission.

“Pump-and-dump schemes often occur on the Internet, where it is common to see messages posted that urge readers to buy a stock quickly or to sell before the price goes down, or a telemarketer will call using the same sort of pitch. Often the promoters will claim to have ‘inside’ information about an impending development,” the agency warns on its website.

Cusimano is 32. Home addresses for the three defendants and the ages of Boye and Jessica Cusimano were not available Friday.

email: jzremski@buffnews.com

Stock market ends bad week on the rise

NEW YORK – A flurry of corporate deals and a positive outlook for the technology industry gave the stock market a lift Friday.

Intel jumped after the company said sales of business computers have been stronger than expected and raised its revenue forecast. Technology stocks rose on the news, which was also a positive sign for investors who are betting that higher investment from businesses will help drive the economy this year.

Still, major indexes had their first weekly losses in a month. A combination of so-so economic news and concerns about the impact of higher oil prices weighed on stocks earlier in the week.

“The economy is still on a decent trend, but it’s choppy, and I think we can expect the same for the market,” said Jerry Braakman, chief investment officer at First American Trust.

The Standard & Poor’s 500 index climbed 6.05 points, or 0.3 percent, to 1,936.16. The index ended the week down 0.7 percent after closing at an all-time high of 1,951.27 Monday.

The Dow Jones industrial average gained 41.55 points, or 0.3 percent, to 16,775.74.

The Nasdaq composite climbed 13.02 points, or 0.3 percent, to 4,310.65.

Intel was one of the top gainers in the S&P 500 after the company raised its revenue forecast late Thursday and said it expects profit margins to increase. The stock jumped $1.91, or 6.8 percent, to $29.87.

A spurt of merger news also lifted stocks.

Gambling equipment maker International Game Technology was the biggest gainer in the S&P 500. It jumped $1.51, or 10.5 percent, to $15.86 after Reuters reported that a number of companies considered bidding for it.

OpenTable, an online restaurant booking service, surged $34.05, or 48.3 percent, to $104.48 after the company agreed to be acquired by Priceline for $2.6 billion.

The deal will help Priceline, an online travel company, branch out into a new business. Priceline’s international reach will help OpenTable expand overseas.

The deal sparked speculation that other technology companies could be acquired. Yelp’s stock surged $9.08, or nearly 14 percent, to close at $74.92.

Clothes retailer Express jumped $2.90, or 21 percent, to $16.45 after it said it had been approached about a takeover by Sycamore Partners, a New York-based private equity company. Sycamore already owns 9.9 percent of Express’ stock.

“It seems like you have a deal almost every day,” said John Fox, director of research at Fenimore Asset Management.

While the number of acquisitions completed this year is roughly the same as it was at this point last year, the value has surged. U.S. companies have closed deals worth $714 billion, up 47 percent from $485 billion over the same period last year, according to Dealogic.

The price of crude added modestly to gains from earlier in the week. Crude is rising because Iraq’s insurgency threatens to disrupt exports from OPEC’s No. 2 oil producer.

Friday, oil nudged up 38 cents, or 0.3 percent, to $106.81 a barrel after a jump of more than $2 the day before. For the week, oil has risen 4 percent.

Niagara Falls ZBA to take up housing for homeless at Ferry Avenue shelter

NIAGARA FALLS – The city Zoning Board of Appeals on Tuesday night will consider whether to uphold the Department of Code Enforcement’s order to halt overnight housing for the homeless at a Ferry Avenue shelter.

Operators of the Niagara Gospel Rescue Mission are fighting an April 8 cease and desist order which put a stop to emergency overnight housing at the shelter at 1023 Ferry Ave. The dispute has not affected other services provided at the shelter, including a long-term residential program and a meal program.

Tuesday’s meeting will begin at 5:30 p.m. in Council Chambers in City Hall, 745 Main St.

Garbage and recycling topics of public meeting in Niagara Falls

NIAGARA FALLS – The City Council is inviting residents to a town hall-style meeting focusing on the planned changes to the city’s garbage and recycling program.

A “Neighbor to Neighbor” event, the third of the year, will be held at 11 a.m. June 21 at the Doris Jones Center, 3001 Ninth St.

The city is planning to end garbage pickup for most businesses, while switching to 96- and 64-gallon totes for residents recyclables and garbage, respectively. Garbage pickup would remain weekly while recycling pickup would switch to every other week.

“Many of the issues people have with the new recycling plan revolve around the administration of the program,” Council Chairman Charles A. Walker said in a written statement. “While the Council doesn’t oversee the program day-to-day, we do want to hear what our residents think so that we can sit down with Mayor [Paul] Dyster to come up with a plan that will work for everyone.”

Walker continued, “This is clearly one of the top concerns for city residents right now. We have a lot of good things happening in Niagara Falls, and we want to do our best to make sure this ends up being another good thing for the city.”

Opening of Savers thrift store leads development at Sheridan Plaza

Savers, an international, for-profit thrift store chain, is preparing to open its second Western New York location in the Town of Tonawanda at Sheridan Plaza.

Set to open in August, the store will serve as an anchor for an influx of tenants at Sheridan Plaza since January, when Rochester-based commercial real estate developer LLD Enterprises purchased the property at 2309 Eggert Road for $5 million.

The 121,846-square-foot plaza was 40 percent vacant at the time.

LLD managing partner David M. Dworkin said the property will be 90 percent occupied around the time Savers is ready to open its doors as smaller business seek to fill in the adjacent vacancies.

“It’s incredible,” Dworkin said. “We certainly didn’t expect to close in January and lease 50,000 square feet in six months. We thought it would have taken us at least a year.”

Savers has operated a store on McKinley Parkway in Hamburg since 2011.

The Seattle-based company, with more than 330 locations in the United States and Canada, will fill a 33,500-square-foot portion of the plaza that has been vacant since Office Depot closed its store there in 2012.

Savers was attracted to the new spot in part because of a slew of improvements LLD has made to the building, including the installation of a drive-thru garage that will allow customers to pull through the building from front to back when making drop-offs, without leaving their cars.

Sheridan Plaza has leased approximately 55,000 square feet to tenants since January, Dworkin said.

That includes a tailor, Maurice Tailors, which opened last month; Greek to Me, a family-style Greek restaurant set to move from its Kenmore location into the plaza’s old Mighty Taco building by August; and a nail salon and spa, which signed a lease to take over the former Play N Trade video game store.

Pending leases for two additional confirmed tenants – Nutrishop and Spar Defense – are awaiting return, according to Dworkin.

The addition of Nutrishop, a national vitamin and health supplement franchise, and Spar Defense, a local self-defense academy, would bring the plaza’s tenant total to 16.

Two vacant spaces remain, one at 5,000 square feet and the other at 2,500 square feet.

email: bschlager@buffnews.com

Hot dog roast supports Boston Free Library

A hot dog roast to help fund the Boston Free Library will be held from 5:30 to 7 p.m. Thursday at the library, 9475 Boston State Rd., Boston.

The fundraiser is hosted by Erie County Legislature Chairman John J. Mills. A hot dog and water purchased at the roast will cost $1, while $2 is charged Italian sausage and water.

All proceeds benefit the library.

The event will also feature a performance by Nels Ross of In Jest at 6 p.m. The show features comedy, juggling and stunts.

Additional fundraisers for the library will be held throughout the summer.

Judge says man who set Amherst Target on fire not mentally competant to stand trial

A man accused of setting a fire that caused hundreds of thousands of dollars in damage to a Target store last summer in Amherst is not mentally competent to stand trial, a judge ruled this week.

Erie County Judge Sheila A. DiTullio ordered William Lattin to undergo treatment at a state psychiatric facility until he is found to be competent to stand trial.

Defense attorney Robert J. Cutting said Lattin, who is being held without bail, will be placed in the custody of the state Office of Mental Health, which will determine the most appropriate facility for his client.

He said two county psychologists who examined Lattin last fall and found him competent for trial re-evaluated him and agreed with a defense psychologist who found him not competent.

Lattin, 65, is charged with second-degree arson in the Aug. 15 fire at the store in a plaza off Niagara Falls Boulevard. He is accused of using a lighter to set fire to clothes in men’s department during the afternoon.

The store was evacuated and the fire extinguished in a half-hour with the help of the building’s sprinkler system. Smoke and water caused more than $700,000 in damage.

Lattin was arrested the next day after he returned to the store. Security staff recognized him and called police. Police said he admitted setting the fire.

Schumer wants Chautauqua County declared ‘high intensity’ drug area

WASHINGTON – Sen. Charles E. Schumer on Friday asked the president’s drug czar to designate Chautauqua County as a High Intensity Drug Trafficking Area in hopes of boosting the federal government’s response to a serious increase in heroin use there.

Noting that heroin arrests have tripled in Jamestown over the past three years, Schumer said the President’s Office of National Drug Control Policy should get involved.

“Heroin use, fatal overdoses and drug-related crime are again on the rise, and Chautauqua County in particular has seen a rise in heroin use that is alarming,” said Schumer, D-N.Y. “That is why I am calling on the feds to designate Chautauqua County a High Intensity Drug Trafficking Area, which will provide technical expertise, more law enforcement personnel and the potential for more funding to combat heroin use and tackle this challenge head- on,”

Heroin was linked to more deaths in Jamestown last year than any other drug, and the Jamestown Police Department estimates that 90 percent of the city’s crime is drug-related. In addition, a major drug-trafficking group, the Angueira Drug Ring, was busted in the Jamestown area in 2011.

It’s all evidence that the region needs help from the federal government to combat the drug problem, said Chautauqua County Sheriff Joe Gerace.

“The Chautauqua County Sheriff’s Office works day and night to keep the residents of this community safe, but in recent years the volume of drugs moving through our community has continued to increase,” Gerace said. “We have applied to become a federally designated High Intensity Drug Trafficking Area so that we can access vital intelligence and information from other regions and potentially additional federal funding to fight drug trafficking in our community.

Schumer spelled out his concerns in a letter to Michael Botticelli, acting director of the National Drug Control Policy Office at the White House.

Noting that federal involvement has helped fight the heroin problem in New York City, Schumer told Botticelli: “In my home state of New York, Chautauqua County is experiencing a public health crisis. The use of heroin has skyrocketed over the past several years and is harming citizens throughout the county.”

Winning the federal designation would increase federal anti-drug funding for Chautauqua County, as well as promote greater coordination between local, state, and federal law enforcement personnel in the region.



email: jzmreski@buffenws.com

Jacobs family won’t bid on Bills, but may participate in stadium effort

The Jacobs family will not pursue an ownership interest in the Buffalo Bills but is looking at operating and owning at least part of a new stadium for the team, The Buffalo News has learned.

Owning the team would all but certainly force Delaware North, the Jacobs family’s privately held company, to divest its far-flung gambling interests – one of the firm’s core components.

The Jacobs family’s decision to not pursue purchasing the team was confirmed by six sources in government and the private sector with knowledge of Delaware North’s plans. The company has been holding regular discussions with members of the Cuomo administration in recent weeks, several sources said, speaking on condition of anonymity.

“For them, it’s about what this would bring to their core business,” said one of the sources. “They see this in terms of a facility they could run and manage.

“They sell you hot dogs,” the source added. “They don’t want to worry about putting fannies in the seats or making sure they sign the best right guard.”

Delaware North executives would not comment other than to reiterate what the company said earlier this spring.

“We are using our resources, our contacts, our relationships to do everything we can to ensure the Bills stay in Buffalo,” spokesman Glen White said.

Among the ideas Delaware North is pursuing is a plan for it to own and build a new stadium, possibly with other investors, as well as to run its concession operations, which the company has long experience doing around the world.

The firm’s new focus on a football facility follows the Friday revelation by The News that Buffalo Sabres owner Terry Pegula has reorganized his personal business empire in a way that could pave the way for acquiring the team. The move is seen as reflecting what one source called “real” interest.

Delaware North, meanwhile, already maintains business ties with Pegula and his Sabres as the food and beverage vendor at First Niagara Center.

Sources say the Jacobs family looked at the possibility of bidding on the Bills, who could be up for sale as early as this summer, depending on the timetable determined by the trust running the sale following the March death of longtime team owner Ralph C. Wilson Jr. But it became clear that the company’s interests in gambling, as well as company Chairman Jeremy Jacobs Sr.’s ownership of the Boston Bruins, made such a transaction too complex and, in the end, unlikely to get by the NFL owners, who have to approve the team’s sale.

Before the team is put up for sale, an investment bank working for the trust must complete an inventory of all the team’s assets and liabilities that can provide a potential value of the Bills for bidders to use in the upcoming sales process. It is expected bidders, who must be vetted by the NFL in order to be a part of the process, will receive the financial information about the Bills in early July.

Because of the league’s rules, Delaware North would all but certainly be forced to divest itself of its gambling operations. That would gut a major component of one of the nation’s largest privately held companies.

The company has various hospitality and food service interests, owning or running hotels, concession operations at airports and parks, and owns the TD Garden in Boston, home to the Bruins and Boston Celtics.

The company also has sizable gambling interests. It owns Finger Lakes Racetrack and its adjoining casino located southeast of Rochester, and runs the casino at the Hamburg Fairgrounds. It is also pursuing a deal to operate a future casino to be run by Suffolk County Off-Track Betting Corp.

Delaware North, which employs 55,000 people, will be moving into a new headquarters building in Buffalo next year. Outside New York, it runs or at least partly owns casino or racetrack operations in Illinois, Arkansas, West Virginia, Ohio, Florida, Oklahoma, as well as the off-track betting network in Arizona.

email: tprecious@buffnews.com

and email: rmccarthy@buffnews.com

Law professor plans to challenge Cuomo

ALBANY – A couple weeks after losing the Working Families Party nomination to Gov. Andrew M. Cuomo, Zephyr Teachout, a liberal activist and Fordham University law professor, said Friday she is seeking to run against Cuomo in a Democratic Party primary.

“I’m doing it because right now the system is rigged and Cuomo is not going to fix it,’’ Teachout said in an interview. A registered Democrat, Teachout said she will formally announce her campaign Monday at the state Capitol.

For Cuomo, who can now spend millions of dollars he has raised for a potential primary, Teachout represents a challenge from the left of his party. Some in the party are angry with him over a number of policy and budget positions he has taken the past four years.

The race also presents some interesting twists for Erie County’s Kathleen C. Hochul, Cuomo’s running mate. In a primary, Teachout will face Cuomo on one ballot line while her running mate, Tim Wu, a Columbia University law professor, will run on a separate ballot line against Hochul.

There are more than 700,000 Chinese Americans in the New York City metropolitan area alone. Democrats and Republicans on Friday evening were already saying Wu could pose a problem for Hochul’s lieutenant governor bid for several reasons, including his potential ability to draw Chinese American Democrats to his campaign and the prospects that turnout upstate in a Democratic primary in September is expected already to be low.

It is a scenario another Cuomo lived through. In 1982, Mario Cuomo, the current governor’s father, beat Ed Koch in the Democratic gubernatorial primary but had to run with Koch’s running mate, Al DelBello, in the general election after DelBello beat Cuomo’s running mate, Carl McCall. DelBello was cut out of any role in Cuomo’s first term and resigned from the job in 1985, saying he was bored with the job.

For all this to happen, Teachout first has to collect at least 15,000 valid signatures from enrolled Democrats across New York. The Cuomo campaign, or surrogates, can be all but certain to challenge the signatures as a way to try to halt the primary bid, and election lawyers say it could cost Teachout $100,000 in legal fees to run her signature-gathering process and defend her bid before a Cuomo challenge with the state elections board and, possible, the courts.

In the Working Families Party convention two weeks ago, Teachout received 41 percent of the delegates’ votes. Cuomo won by bowing to a number of the party’s demands, including agreeing to help oust Republicans from control of the State Senate.

email: tprecious@buffnews.com

Molly’s Pub bar manager’s bail reduced

Jeffrey J. Basil, the bar manager accused of seriously injuring William C. Sager Jr. by pushing him down the stairs at Molly’s Pub last month, is expected to be released from jail today after a judge lowered his bail from $250,000 to $35,000.

Joel L. Daniels, Basil’s attorney, said he expects his client will post the reduced bail later today.

State Supreme Court Justice John L. Michalski granted his motion to reduce bail.

Basil, 35, of Amherst, has been held on the higher bail since it was set last month by City Court Judge Joseph A. Fiorella at his arraignment on first-degree assault.

He is charged in the May 11 attack on Sager, 28, an Air National Guardsman, while Sager was inside the Main Street bar in the University Heights neighborhood.

Sager suffered a brain injury and remains in critical condition in the Trauma Intensive Care Unit at Erie County Medical Center.

After a May 23 felony hearing, Fiorella ordered Basil held for grand jury action. Basil has not been indicted.

Fiorella also continued to detain Basil on $250,000 bail and refused Daniels’ request to reduce the charge to second-degree assault.

Two Buffalo police officers, Robert E. Eloff, 39, and Adam E. O’Shei, 41, who were both working off-duty security that night outside he bar, were suspended without pay last month for 30 days and face a hearing on departmental charges of acting in a manner unbecoming a police officer.

At today’s bail hearing, Daniels told the judge that O’Shei testified at last month’s City Court hearing that he saw Basil drunk and drinking double shots of whiskey.

Daniels said O’Shei indicated Sager was drinking, stumbling, swaying and pushing his way through the bar crowd in an aggressive manner.

“Nothing good happens in a bar after midnight,” Daniels told the judge, noting that this incident occurred at 2 a.m. in the busy bar.

The defense attorney said Capt. Carmen Menza in a police report noted that he talked to O’Shei who told him Sager was very intoxicated and was causing trouble. But Daniels said O’Shei at the felony hearing denied making that statement.

O’Shei also testified at that hearing that he saw Basil give Sager a two-handed shove down the stairs.

Daniels said the evidence does not support the first-degree assault charge, because there is not sufficient proof of depraved indifference, a requirement for the felony charge. He said depraved indifference requires proving that the attack involved prolonged brutality and wanton cruelty.

He said there wasn’t even enough proof to charge his client with second-degree assault, which requires showing intent to cause serious physical injury. He said Basil was drunk and did not act intentionally if he did push Sager.

At best, he told the judge, the alleged attack involves third-degree assault or reckless endangerment, both misdemeanors.

Daniels said his client is not a flight risk, noting that he surrendered to police after he was charged.

Basil has a criminal record, including convictions for harassment, disorderly conduct, driving while impaired, criminal contempt and drugs.

Daniels asked the judge to reduce the bail to a reasonable amount.

Assistant District Attorney Christopher J. Belling opposed the motion and asked the judge to raise bail to $500,000, saying Basil has no respect for the law.

Belling cited Basil’s criminal record, which includes criminal acts at bars.

“Nothing happens around Jeffrey Basil that’s good,” he said.

The prosecutor told the judge that when Basil was a 16-year-old student at Maryvale High School, he tried to throw another student out of a window and later threatened to get the student if he showed up at graduation.

He cited a 2002 case in which Basil harassed a West Seneca woman who had stood up for his girlfriend in an abuse case and his stalking of a former girlfriend whom he sent a text message saying he had a gun.

Belling said Basil threatened a boss at a bar where he worked until he was fired in 2005. Basil was involved in an attack at a Depew bar and harassed the owner of a Niagara Falls restaurant next to a bar where Basil worked, Belling said.

He called Basil a scourge who has no respect for society.

The judge ordered Basil not to drink or go to places where alcohol is served, have no contact with Sager or witnesses in the case, surrender his passport and stay in Erie County.

email: jstaas@buffnews.com

Sabres submit bid to host NHL Scouting Combine

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Medical Campus cites rapid growth, and the challenges it raises

About 17,000 people will work on the Buffalo Niagara Medical Campus by 2017, once construction is completed on several major projects now under way on the campus.

That’s an increase of 5,000 from the current employment level on the 120-acre campus, where 2 million square feet – or the equivalent of about 10 Walmart Supercenters – of clinical, laboratory and office space will be added over the next three years.

All told, between 2006 and 2016, public- and private-sector institutions will spend $1.4 billion on the campus in a major construction boom on the northern edge of downtown Buffalo.

The employment and construction figures highlighted a presentation by top Medical Campus officials to business and community stakeholders Thursday in the campus’ Innovation Center.

William L. Joyce, chairman of the Medical Campus board of directors, and Matthew K. Enstice, the campus’ president and CEO, covered some familiar ground but elaborated on several areas of concern as campus officials manage that unprecedented growth.

The topics included:

• When the campus was formed in 2001, about 7,000 people worked at the existing institutions, including Buffalo General Medical Center and Roswell Park Cancer Institute. Today, 12,000 people work on the campus. Employment is likely to hit 17,000 in three years and could reach 20,000 if several additional University at Buffalo units join its School of Medicine and Biomedical Sciences in moving to the campus.

Joyce said this represents a quantum shift for Buffalo’s economy. He pointed out that Bethlehem Steel, at its peak, employed 20,000 at its sprawling Lackawanna campus.

• Two million square feet of construction recently was completed on the Medical Campus, and another 2 million is under way or planned, including the UB Medical School, the John R. Oishei Children’s Hospital and the Conventus medical office and research building. That current set of construction projects represents a $750 million investment, from government, philanthropic, nonprofit and commercial sources.

• Campus leaders know that Buffalo’s medical corridor never will reach the scale of the Texas Medical Center in Houston, which has more than 100,000 employees working in an area half again as large as the Darien Lake theme park.

But Joyce said the campus aspires to be a “world-class” medical center and is making progress to that end. Buffalo’s campus has “good bones,” and there’s no reason why it can’t match the well-regarded centers in Cleveland, Pittsburgh and communities of similar size, he said.

• Encouraging startup activity has been a focus of campus officials, led by Patrick J. Whelan, the chief operating officer. Thursday’s presentation was held in the Innovation Center’s new co-working space, known as dig, where would-be entrepreneurs can work, interact with their peers and receive mentoring and other assistance. The campus started with four companies in 2001 and has more than 75 today, concentrated in the Innovation Center.

• As the campus adds more workers, officials have to figure out where they’re going to park and how they’re going to get to the campus. As he has said previously, Enstice emphasized that the campus and its member institutions won’t be building ever more parking ramps to accommodate them.

“We need to think differently about parking,” he said, because ramps don’t create jobs.

Enstice, confronting the challenge they face, asked the 75 or so attendees how many had taken public transportation or ridden a bike to get to Thursday’s presentation. One woman raised her hand, saying she had biked to the campus that morning.

• Campus officials hope current and future employees take the Metro Rail to work, and they hope that future housing construction in the city is concentrated along the subway line.

• The campus’ member institutions are synchronizing the lists of vendors from which they buy goods and services because they want to use their combined purchasing power to support small businesses and other local companies.

• In response to questions from the audience, Enstice said the Medical Campus doesn’t want the housing boom to lead to gentrification that forces low- and moderate-income residents out of the Fruit Belt and Allentown neighborhoods, and he wants the people living in those communities to benefit from development on and near the campus.

He also said campus officials are studying the practicality of offering an incentive to employees who buy homes in certain city neighborhoods and they are open to working with the city to provide recreational opportunities on the campus to young people in the surrounding neighborhoods.

email: swatson@buffnews.com

Bidding wars and big prices: Buffalo real estate is red hot

When Jeff and Monica Rapini decided in late April to sell their North Buffalo home, their agent set the price at $145,900.

She posted the listing online at 2:30 p.m. on a Tuesday. Within hours, five prospective buyers had toured the home, followed by seven more the next day.

The Rapinis received three offers within 24 hours and sold the home for $186,700 – 28 percent more than their asking price and 76 percent more than they paid seven year ago.

The Western New York real estate market is red hot. Prices are at all-time highs, with the annual average price topping $146,000. In some sections of Buffalo – near the Elmwood Strip, Allentown, North Buffalo and parts of the West Side – bidding wars that take prices above asking have become common. Suburbs like Williamsville, East Amherst, East Aurora, Hamburg, Lancaster and Eggertsville are seeing bidding wars, too.

The pace is intense, with even a day’s hesitation making the difference between a signed deal and a missed opportunity. “Getting your foot in the door the day the house goes on the market is key,” said Tammy Capozzi, a broker at M.J. Peterson Corp. “Good houses don’t last.”

The culprit: Too many buyers and not enough sellers. The number of homes for sale, compared with the number for sale a year ago, has declined 28 of the past 30 months, according to data from the Buffalo Niagara Association of Realtors. In the first four months of this year, the number of homes for sale in the eight counties of Western New York hovered just above 4,000 – the lowest it has been in a decade.

Not everyone is seeing speedy sales, multiple bids and big sale prices. The key seems to be that old real estate truism: location, location, location.

Richard and Meghan Wagner of West Seneca have been trying for six weeks to sell their home. Over the years, they have refinished walls, added a heated garage, an expanded driveway, more efficient heating and modern upgrades. But their home is located across a busy street from a new housing development.

“It’s been kind of a weird thing. There were tons of people looking at the house the first three weeks ... but nothing happened,” Richard Wagner said. “It’s just kind of depressing. You think you have a gem and nobody wants what you have.”

But for sellers in hot neighborhoods and towns, watch out.

“It is absolutely the best time to be a seller,” said Bonnie Clement, a broker for Hunt Real Estate Corp. “Never has the seller’s market been this hot.”

The hottest of the hot

Jennifer Brown of Cheektowaga and her fiancé, Adrian Levesque of Buffalo, have looked at nearly 30 homes since early April, mostly in Elmwood Village but also in areas like Kenmore or Tonawanda. At one point recently, their agent sent them seven homes to look at. They chose four to see, but two were gone in two days.

“We haven’t had the chance” to make any offers, said Brown, 31. She added: “They are just going like hotcakes. What I’m hearing is everybody has the same issues, and not getting frustrated is the biggest key. It stinks. I’m a little surprised.”

The price per square foot – a standard measure of value regardless of the size of the home – has soared or even doubled in some city neighborhoods in just the last year, according to data from the Realtors association. In Allentown near the Buffalo Niagara Medical Campus in central Buffalo, the selling price per square foot has doubled. In nearby Elmwood Village, prices per square foot have risen nearly 50 percent.

The popularity of these areas is driven by a combination of older buyers wanting to migrate back to the city from the suburbs and a new generation of younger buyers who want to live near their place of work, in walkable neighborhoods. These areas are also convenient to the new hustle and bustle of downtown and the Medical Campus, and that proximity is pushing up prices whenever a property hits the market.

Pressure on buyers

Areas such as the West Side of Buffalo and University Heights are getting more attention from buyers as prices rise in other areas. Rafael Toledo, an agent with Nothnagle Property Centre, said he and his wife – also a broker – were “shocked” when their clients received an offer at $70,000 for a double home on Plymouth Avenue on the West Side that was listed at $49,000.

“There’s a huge movement of people from the suburbs back into the city,” said Michael Culeton of Hunt. “We’re seeing neighborhoods that were less desirable in the past becoming more so. Those neighborhoods are becoming renovated.”

And there are a lot of cash offers, with no conditions or contingencies attached, such as the need to sell a prior home first.

“We’re seeing a lot of cash buyers as well, which is making it harder to compete,” said Jennifer Maxian, also a broker at Hunt. “It’s really hard to be a buyer with a contingent offer now, because the competition from other buyers that don’t have that contingency makes them more attractive.”

That’s stressful for buyers, who feel pressured to make snap decisions. “If you love a house, you don’t have the luxury of waiting long to decide,” said Hunt broker Robyn Cannata.

After the sale

For sellers who want to stay in Western New York, the problem is finding a home after theirs has sold. With a baby on the way and twin girls under age 2, Eric and Jamie Posa wanted more space. So on March 10, they listed their four-bedroom raised-ranch home in Amherst, near University at Buffalo’s South Campus.

All week, they got calls from buyers, but they couldn’t arrange to show it until an open house March 16, a Sunday. Thirty people came through, two buyers did second walk-throughs Tuesday, and by Wednesday morning, the Posas had two offers – one at full price of $119,000. They had bought it for $86,000 six years ago.

“We didn’t think it was going to go that quickly,” said Eric Posa, a 35-year-old business owner.

They had to be out in 60 days, and didn’t have a new place to go other than with family. Posa said they wanted a house in the $150,000 to $160,000 range, ideally toward the Southtowns near his wife’s family, but they considered properties all over the region. In all, they looked at “a couple of hundred” homes online, went to more than 15 open houses and scheduled showings at more than half a dozen homes. Homes were priced $15,000 to $20,000 over their actual value, he said, and “every open house had 30-plus people.”

Ultimately, they found a 1,700-square-foot Colonial home in Hamburg that was listed at $152,900. But more than one bidder was involved, so they wound up paying $159,000.

“The homebuying experience was ridiculous. It was very stressful,” Posa said. “Every house we looked at that was in decent shape, well-kept and reasonably priced was getting huge amounts of traction. The inventory was frustrating.”

Seeking more sellers

The approach of summer is encouraging more potential sellers to get off the fence, especially after so much attention on the opportunity to cash out. That is what brokers have been urging for months, to relieve the inventory shortage.

The warmer weather also is likely to bring out more buyers, who have been cooped up all winter and are now eager to see what’s out there.

“If you are a buyer, don’t plan on things changing for the next few months,” said Clement. “We are running around like chickens to try and catch the newly listed homes, which sell in a day.”

David Moon has been saving up money to buy his first home for the past couple of years. He started looking online at listings last year, and started working with an agent in February.

He is seeking a double on Buffalo’s West Side, anticipating lower prices in that area while benefiting from the extra rental income from the second unit. But after three months of fruitless hunting, he’s frustrated.

The 34-year-old smoking cessation coach at Roswell Park Cancer Institute put in an offer last week on a two-unit house on Lafayette Avenue, bidding $2,000 more than the asking price. But he lost out in less than 24 hours – to someone paying the full asking price, but all in cash, without inspection.

“I was not expecting this. I really expected there was going to be way more inventory and there just hasn’t been,” he said. “I’m disappointed in what I’ve seen ... I might have to consider looking beyond the West Side, because it’s just not working.”

email: jepstein@buffnews.com

Hank3 carries on country music’s outlaw tradition

What makes a country musician an outlaw?

Is it spending tattooed twenties in an Ohio State Penitentiary like David Allan Coe? Is it splitting time between robberies and club performances like Merle Haggard, or is it cutting a live record inside a California prison, a la Johnny Cash?

Sure, these are all the traits of the country outlaw. But consider this: What’s more outlaw than the grandson of Hank Williams serving up a four-hour schizophrenic show of country, rockabilly, rebelcore, and hell-spun metal—all while comparatively cookie-cutter twangers play it safe at a “Taste of Country” concert down the street?

Welcome to Friday night with Hank Williams III (or Hank3), who treated a rowdy, packed-to-the-rafters crowd to his brand of scofflaw sessions and shifts during a five-set marathon show at Town Ballroom.

With his legendary lineage, Williams doesn’t need to do much to claim rebel status. His grandfather lived fast and died young at 29; his father emerged from a 442-foot fall down a mountain to churn out tunes like “Whiskey Bent And Hell Bound.” But back around the time of his third studio album “Straight to Hell” in 2006, Hank Williams III threw down the gauntlet for renegades headlining barrooms and ballparks.

“Everybody calls themselves outlaws and all that stuff, but that’s what’s missing in country music,” he said at the time. “Everything’s so clean and pretty and perfect, and you need a couple people in there that aren’t perfect and that don’t sound the best.”

Hank3 is not clean. He’s not pretty, he’s not perfect, but he’s certainly his own man, a point hammered home on Friday.

Draped in the tattoos and tattered denim of an apocalyptic cowboy, Williams stormed his six-piece band out the gate with a wild “Ramblin’ Man,” “Thrown Out Of A Bar” and “Smoke And Wine.” On all three, Williams’s raspy vocals and frenetic work on his Guild acoustic were matched by Daniel Mason on banjo, David McElfresh on fiddle and former Jesus Lizard Duane Denison on guitar, all charging forward with Matt Bohli (drums) and Anthony Galler (upright bass) to keep the first set’s breakneck pace.

Whether on the runaway “Held Up” or irreverent sing-a-long “Rebel Within,” the sextet set the crowd ablaze with stomping, searing instrumentation, and set themselves apart from the type of genre pretenders Hank3 has railed against. If they needed to create more separation, they did it with their three-song “Hellbilly” set, with songs like “Hillbilly Joker” and “Life Of Sin” teaming a country foundation with straightforward brute force.

After that, things got interesting – and confusing.

Following the opening came three sets that were not even remotely stylistically related to the early locomotive rhythms. First came Hank3’s rebelcore set culled from 2013’s “A Fiendish Threat,” a punk rock album seemingly informed by early-80s Bad Religion records. Next was an hour-long Black Sabbath-hued set with Williams side project Attention Deficit Domination (A.D.D.), which featured Hank3’s vocals transformed into a hybrid of the late Lane Staley and Dracula.

And just when you thought the night couldn’t get any darker, Williams slipped on a leather mask for bizarre cattle auction-set metal tunes of another side gig, 3 Bar Ranch.

The final set’s gonzo performance of songs like “Now There’s A Bull” featured Hank3’s thrusting Gibson backed by Phillip Cancilla’s machine gun percussion, combining for an ear-splitting sound akin to the impact of a dump truck full of dinner knives and dynamite after a drop off downtown’s Electric Tower.

But outlaws do what they want, not what people expect. If that means transitioning from a bourbon-drenched hillbilly jamboree to an end-of-days metal death rattle, then so be it. If that means swapping a cowboy hat for a freaky disguise before the fifth set, super.

Guys like Williams don’t care for rules, and that’s a good thing. Country music’s always needed its wild cards.

Effort to sell unused space in county landfill falls through

LOCKPORT – A proposal to try to offset the cost of capping the Niagara County Refuse Disposal District’s last landfill by selling its unused air space has failed.

Acting District Director Dawn M. Timm told county legislators this week that the only bid received would have cost the county more than $150,000, instead of offsetting the cost of capping the construction and demolition landfill.

Called the C&D landfill, it was the last active operation of the Refuse District. It closed July 3, 2013, and the county has been selling off its equipment. But the district must remain in operation, because it now has four closed landfills – three in Lockport and one in Wheatfield – that must be monitored to comply with state Department of Environmental Conservation regulations.

Timm said the C&D landfill had about 43,000 cubic yards of space left when it went out of business. The county hoped to sell rights to unused space to the same company that would install the cap. That company could use those rights at another landfill.

The only bid came from Environmental Service Group of the City of Tonawanda, but it showed the cost of capping was $155,875 more than the firm was willing to pay for rights to unused air space.

“This bid further testifies that our air space has no value,” Timm said. “At this point, I’m abandoning the air space as a concept.”

Instead, bids will be sought simply to cap the C&D landfill.

Meanwhile, the legislators on the district board decided to spring for about $46,000 worth of repairs to the district’s 2002 Volvo leachate hauling truck, which carries liquid runoff from the Lockport landfills to a sewage treatment plant two or three times a week.

The district continued to sell off equipment recently. A BOMAG trash compactor was sold in an online auction last month for $125,200. The district still owes $250,000 on the 10-year lease that it signed on the compactor in 2009. The district decided to pay that off in a lump sum, with the auction proceeds and other equipment sales providing the money.

One of the items being given up is a $23,000 locker for household hazardous waste the district set up in late 2011 at Seneca and South Eighth streets in the Village of Lewiston. Residents are leaving material there, but neither the county nor the village is picking it up. Mayor Terry C. Collesano asked the county to remove it.

Timm said a crane and a lowboy trailer would be needed to remove it, so it will be auctioned.

“It might be most prudent to declare it surplus and have somebody take it,” she said.

Unlike the waste lockers in the three cities, the county received no DEC grant to pay for the Lewiston locker.

Another piece of equipment associated with the Refuse District also was sold in May: the giant tub grinder the county bought in 2002 with $600,000 of its share of the proceeds from the state’s lawsuit against the tobacco companies.

Called “the Gruendler” after its brand name, the grinder was auctioned online for $74,200. It actually belonged to the Public Works Department, but it was most often used to smash up material brought to the C&D landfill.

email: tprohaska@buffnews.com

Local parents look to California tenure decision

Even before a California court ruling on teacher tenure rocked the education world last week, a group of Buffalo parents were talking about a similar lawsuit.

The parents met earlier this month with a New York City education group closely tracking the California case, said parent organizer Sam Radford. When the judge ruled that California tenure laws deprive students of their right to education, it gave a boost to those parents in Buffalo and across the state considering a challenge to New York’s tenure laws.

“That’s not a problem just in California,” Radford said of tenure protections. “That’s a problem at urban school districts all across the country.”

The California judge ruled that the state’s tenure laws disproportionately affected poor and minority students by making it too difficult to remove “grossly ineffective” teachers.

Education reformers and union activists combed through the 16-page decision last week for clues on whether it would usher in similar lawsuits in other states.

As the decision winds its way through the California appeal process, some wonder: Will it prompt sweeping changes to long-standing due process protections for veteran teachers in other states?

Those that study the role of courts in education reform say it’s too early to tell, but that significant differences between the California tenure system and laws in New York State will pose a challenge for parents hoping to bring a similar lawsuit in New York.

“The situations are very different,” said Michael A. Rebell, a professor of law and education practice at Columbia University’s Teachers College. “Even if the California Supreme Court were to uphold the constitutional position, somebody bringing a similar case in New York would have to deal with a very different set of facts.”

In California, for example, teacher tenure decisions are made after only 18 months on the job, compared to three years in New York and 31 other states. California, the judge noted, is one of only five states that grant tenure to teachers within their first two years on the job.

That time frame means that, in some cases in California, teachers could be granted tenure before they are fully credentialed, California Superior Court Judge Rolf M. Treu noted.

The California Teachers Association will appeal Treu’s ruling, and Rebell said that process could take a year or two before it is decided in California’s top court.

“I think it’s quite premature to assume that, first of all, that the California case is a valid precedent,” Rebell said. “Because it’s going up on appeal and this was a very quick and not very extensively developed legal opinion.”

New York’s top court, meanwhile, “is very cautious in confronting legislative policy judgments,” Rebell said.

“They emphasize the importance of courts deferring to the policy judgments of a legislature,” Rebell said.

Bedrock of tenure

Teacher tenure in New York has been part of the bedrock of the state’s educational system for decades. Designed to protect veteran teachers from arbitrary firings, it sets out a hearing process by which teachers charged with misconduct or incompetency can have their cases heard by a panel of arbitrators.

Administrators who grant tenure say they take great care in reviewing the record of teachers before granting permanent job status.

“I have a saying that I think about when I make a decision to recommend candidates to the Board of Education for tenure,” Williamsville Superintendent Scott Martzloff recently told a group of newly tenured teachers in his district. “And that is, does the person’s performance make you want to stand up and get out of your seat and cheer?”

But critics of the teacher tenure system say it has created a hearing process that makes it too difficult and costly to remove poorly performing teachers

“A teacher should feel free to teach and use their own process without fear of political reprisals, but I don’t think it should go to the opposite extreme either,” Radford said, “where you get job security no matter how good or bad you are.”

New York State’s tenure system has undergone changes in recent years.

A 2008 report by the New York State School Board Association found that it took an average of 520 days and $128,000 to complete the state hearing process to remove a tenured teacher. Since then, New York lawmakers have attempted to require hearings to conclude within a certain time frame. They’ve also created an expedited process by which school districts can seek to remove a teacher who is rated “ineffective” two years in a row under the new teacher evaluation system.

“All the district has to do is make a case that the teacher is incompetent,” said Phil Rumore, president of the Buffalo Teachers Federation. “Everybody keeps thinking that with tenure, you can’t get rid of poorly performing teachers. That’s simply not true.”

Few teachers fired

But removal of a tenured teacher through the state’s hearing process is rare.

Across the state, 65 teachers have been fired through the hearing process since new tenure rules took effect in April 2012, according to the state Education Department. But both the New York State United Teachers and the state Education Department note that many cases are resolved through settlement before a hearing is finished. Poorly performing teachers are also “counseled out” of the profession before their cases reach the formal disciplinary stage, Rumore said.

The state’s public school laws for tenured teachers also differ greatly from the way teacher protections are handled in area charter schools. At the Charter School for Applied Technologies, for example, teachers work under renewable contracts for seven years before they reach a point where they receive a higher level of job protection in which they must meet certain performance standards.

“That’s much more similar to how the rest of the world works,” said Superintendent Efrain Martinez. “In other words, job safety is not about iron-clad job security, and it is tied to performance.”

New York State United Teachers President Karen E. Magee lambasted the California court ruling on tenure as an assault on teachers unions that was largely funded by “millionaires, their PR firms and front-groups.” The California lawsuit, brought by nine public school students, was spearheaded by Students Matter, a group founded by Silicon Valley entrepreneur Dave Welch.

“This case will be appealed and NYSUT is optimistic more evenhanded judges will overturn this meritless decision,” Magee said in a written statement.

While no one knows yet whether the California ruling will have a nationwide impact, one thing is clear: People are talking again about tenure in New York.

“It’s hopefully going to raise these conversations and make everyone think a little harder about why does tenure exist,” said Jason Zwara, executive director of the advocacy group Buffalo ReformEd. “What purpose does it serve, and is it actually serving those purposes? Or has it just become a guaranteed lifetime position?”



email: djgee@buffnews.com

When will Tonawanda get new houses?

Not a single new house was built in the City of Tonawanda last year. The year before, there was one. The last major housing development in the City of Tonawanda – Niagara Shores townhomes – began in the late 1980s.

So when the city recently backed out of a proposed deal that would build 56 single-family homes on 17 acres of grassy, vacant land in Veterans Memorial Park near the Niagara River, some began to raise questions.

“We need to get some development in here that’s going to stabilize our tax base, bring people into the school district and bring people into our community so our population grows instead of declines every year,” said 1st Ward Councilman Charles Gilbert, a supporter of the plan.

Under the proposed contract, Natale Builders would pay the city $192,000 for the wooded 17 acres between Two Mile Creek Road and Rogers Avenue and build the homes in three phases. That deal was announced with great fanfare last July by former Mayor Ronald J. Pilozzi with attorney Laurence K. Rubin representing the city in negotiations.

But since Mayor Rick Davis took office Jan. 1, he has severed the city’s relationship with Rubin and indicated in a March letter to Natale that the city is “going in a different direction.”

Davis said he mainly opposes the developer seeking lifetime condominium tax status for the new homes, which means they would be taxed at roughly 65 percent of their assessed value. The draft contract also allows for a homeowners’ association, which Davis said was prohibited in the original request for proposals from developers four years ago.

“The idea of what was to be considered there and what was overall negotiated in the draft contract was considerably different,” Davis said.

Natale’s attorney responded in an April 9 letter threatening legal action unless the project moves forward with Natale as the preferred developer.

Negotiations deviated from what was spelled out in the original RFP in 2009 at the city’s direction, said Angelo Natale, president of the homebuilder.

“We’ve spent a considerable amount of time, effort and money in bending to these city requirements with the old regime and with the new regime as well,” he said. “We feel we did everything necessary to bring a new project to the table. We’ve changed our plans on three separate occasions because of requests from the city.”

The city also seems intent on a legal showdown. Davis said he recently retained the law firm of Philips Lytle to review the city’s options.

The mayor said he wants to prevent the land from being tied up for years in courts and also protect the city from owing Natale reimbursement for financial losses.

But the city has already sunk tens of thousands of dollars into the draft proposal, which now may never be implemented, according to records obtained by The News.

Since November 2012, the city has paid Rubin’s law firm, Kavinoky Cook, $26,305.89 for legal services related to the project, according to documents obtained under the Freedom of Information Law. The city has also paid thousands of dollars for archeological and engineering work on the parcel.

Davis called the project a “quagmire” that was laid in his lap when he took office. The mayor on May 30 asked Rubin to turn over to the city all documents related to the project but as of Thursday, Davis said he had not received a reply.

Rubin declined to comment.

“I don’t think it would be appropriate for me to discuss the matter with you without the City’s permission,” he said in a May 29 email.

The prospect of building homes in Veterans Park was first seriously discussed in December 2005, though maps plotting out the land date back to the 1950s. There are baseball diamonds and a bike path nearby. The land is also bounded by Fletcher Street to the south and Tonawanda High School’s athletic fields to the east.

“We need to add property to the tax rolls,” Davis said. “That parcel does need to be developed in one way, shape or form. With property tax caps and things like that, we need to expand our taxable assessed value to meet the mandates that are being sent our way from the governor’s office.”

But City Assessor Dave Marrano said the proposed deal with Natale would do just that.

If even 50 homes each assessed at $150,000 after condo tax status was factored in were built on the land, it would add $7.5 million in taxable assessed value to the city, Marrano said.

Normally, he said, it would take the city 15 years to add that much value. The average home in the city is assessed at $92,000, he said, so the new homes’ owners would still be paying more than the average taxpayer.

“As an assessor, I am generally in opposition to the condo status because of the inequity that it does create,” he said. “But, in my opinion, in order to spur residential development in the City of Tonawanda it would be a great thing to do. We need to offer some sort of incentive to developers to build new homes in the City of Tonawanda.”

The city collects no taxes on the land it owns. Even if Natale was slow to build the homes in the three phases, the sale would at least get the land onto the city’s tax rolls, Marrano said.

Natale’s proposal called for building four or five models in ranch and two-story designs ranging in size from 1,350 to 2,200 square feet, according to the contract. The new homes would sell for between $200,000 and $300,000.

Natale would also pay an estimated $1.5 million to build the road, install street lighting and sewer and water lines in return for property tax breaks for the future homeowners.

“Even with condo tax status we’re still going to be generating a fair amount of tax revenue back to the city,” Natale said.

Four of the city’s five Council members would have to approve the sale of the city-owned land. Gilbert, who was on the Council when the original RFP was sent out, said he understands Davis’ concerns about condo tax status but hopes the city can still work with Natale.

“If we can find a compromise that works under the original RFP then I can’t see how anybody would say no to the project,” he said.

Davis said he’s looking out for longtime city homeowners who pay taxes on the full value of their homes.

“I’m looking for something that’s fair and equitable for everybody involved,” Davis said. “I don’t believe we’re at that point yet.”

email: jpopiolkowski@buffnews.com

Niagara Falls police probe pair of burglaries

NIAGARA FALLS – Burglars pushed in a window air-conditioning unit to break into a 17th Street home Friday afternoon – one of two house burglaries investigated by city police.

The break-in occurred between noon and 2 p.m., police said, when the rear bedroom window unit was shoved in. Bedrooms and closets were ransacked, with prescription medications, about $300 in cash and a 12-gauge shotgun stolen, police said. Neighbors told police they saw two men in the area of the home about the time of the break-in.

In another case, a man just moving into a South Avenue home was victimized by a burglar earlier Friday, police said. The victim may have been asleep inside the home when someone cut through a kitchen window screen and stole 10 boxes of household goods valued at $750 and clothing worth $200.

Bob Nowak still passionate about working with youth after 45 years

When Robert “BobKat” Nowak took a job as athletic director at the Town Boys Club in Riverside in 1969, his intent was to work for a year maybe two before chasing his dream of becoming a high school fitness instructor.

But it didn’t take long for this lanky young man with the tough-love approach to strike a chord with his young charges, and what started as a temporary job evolved into a lifelong passion.

Today he is 66, and brimming with an energy as mighty as the Niagara River that flows across the street from his current clubhouse on Riverdale Avenue, one of two locations where Nowak has worked during a career that spans 45 years.

On a day set aside to honor fathers, it might be appropriate to recognize a man who has been a father figure to thousands of children needing everything from shoes to bus fare to a father’s stern but loving guidance. Nowak has been all of that to many children who often did not have a father or a father who was not often present.

“There are a lot of kids whose fathers were not around,” said alum Daryle Piotrowski of North Tonawanda. “Bob might be the one male adult in their lives. You’d think his patience would run out at some point, and it just does not.”

Club kids do not forget. A steady pipeline feeds the Town Boys & Girls Club but on the other end, there is a long line of alumni eager to acknowledge the man who guided them through some tough early times.

Nowak spent 28 years as director of the club at Shaffer Village Apartments, a low-income housing project. It was there that people began to take notice of this man whose sharp eyes looked out for kids that needed guidance, attention and sometimes some tough love, too.

“Bob always kept me on the straight and narrow,” said David Baer, the youngest of eight children in a family that lived in public housing in Riverside. “He would take us snowmobiling, hunting. He tried to get us involved in the outdoors. That’s what people don’t know; Bob wasn’t just the club director, he was a father to a lot of us kids.”

Some of those influences made lasting impressions. Baer, now 43, lives in the rural community of Concord, a long way from the Riverside public housing project.

Like many fathers who care for their children, Nowak made sure his club kids experienced the social milestones that define young lives. When his club kids could not afford to attend the prom, Nowak made sure they did.

“He paid for a limo or he paid for a dress or gave us money to rent a tuxedo,” Baer recalled. “Bob would make agreements with the kids: If they stayed in school and did their homework he would reward them.”

That respect and devotion stayed with the kids as they grew older, for both boys and girls.

When one club girl grew into a young woman and was about to be married, she asked Nowak to walk her down the aisle. His response was immediate.

“First of all, it’s an honor because of the circumstances she had at home with the relationship with her father,” Nowak recalled. “He used to whack her around. It was so bad, she would not even consider asking him. She asked me.”

Club kids range in age from 6 to 17. The attendance at Nowak’s Town Clubhouse has grown steadily. Last year, 805 youngsters took advantage of the academic, recreation and nutrition programs offered. This year, Nowak expects more than 1,000 kids to attend his sprawling club.

Nowak’s philosophy may be a little old school.

“You have to be stern but you have to be forgiving because a lot of places just throw the kids out,” Nowak said sitting in his clubhouse office on Riverdale. “I ask, ‘Throw them out to where?’ If they had super-duper moms and dads or homes, I’d say: ‘Get out for the day.’

“But there’s nowhere for many of them to go, so I make them clean, mop. They hate it. I make them sit in the corner. They hate that, too. Then I tell them their option: Either do what I say or they’re out. They’ll sit. This is their home. They don’t want to be thrown out.”

Nowak has an easy way with his kids. He said he loves each of the 220 boys and girls who every weekday take advantage of the same programs that over the years have enriched thousands of Western New York youth.

“The kids here depend on me,” Nowak said, stopping the conversation to answer a question from a persistent 6-year-old who wanted to go outside and play. “If they need something, I give it to them – money, bus fare – whatever it takes.”

Nowak rarely refuses a request. A widower for nearly 30 years, he spends at least eight hours a day at the clubhouse, commuting from his home in Cheektowaga. He never remarried, he explained, but he is engaged.

“I fish. I hunt. I love life,” he said. “I need a partner – always did – for the cabin, the boat. It’s nice to have somebody. I’m used to having people around.”

He said his daughter Nicole, who is 41, and granddaughter Kathleen live in the area and visit him often at the clubhouse. Spending so much time with youth, Nowak maintained, influenced how he deals with adults.

“I have a tendency to tell people what to do,” he admitted. “I found out at age 50 I needed a switch to turn this job off. I used to take kids home with me. You do that today, you get arrested. The rules have changed. These kids hug me everyday. They need it today just like all my other kids.”

Nowak is now working with a third generation of youth and his Town Boys & Girls Club serves more teens per capita than any other Boys & Girls Club in New York State, said Robert O’Brocta, director of operations for the Northtowns Boys & Girls Clubs.

He doesn’t do it alone, and he gives a lot of credit to his staff and alumni.

“Say I need something right now – plumber, electrician, hitman – you name it, I got it,” Nowak said. “If I called them now, they’d be here. I keep track of them on Facebook. I just met with someone I raised here. He’s a vice president at a real estate company. He gave us a ton of games, whatever we need. They never forget where they grew up. And if they do forget, I remind them.”

Piotrowski doesn’t need a reminder.

Each year, the 46-year-old alum runs a golf tournament in memory of his brother, and the proceeds – from $2,500 to $3,000 – are donated to the club.

“Bob has a way of making everyone feel like they belong,” said Piotrowski, who recalled Nowak’s unwavering ability to motivate youth.

“If we were out of line, he’d put us on the stairs. Forty years later, he still sends kids to the stairs,” Piotrowski said. “Then he’d ask: ‘Did you learn your lesson yet. Are you going to be good?’”

Sometimes kids get into fights. Nowak’s remedy?

A trip to the “mat room.”

“If two kids were getting into a scuffle, they were sent to the ‘mat room,’ a padded room in the club,” said Scott Henderson, 50. “Bob would put both boys in boxing gloves, and that was it. As soon as a punch was landed or a kid took a knee, the fight was over. We all knew the rules.”

The “talking stick” was another tool Nowak used to ensure order. He used it when addressing a group.

“Those who held the talking stick could talk,” said John Dehn Jr. “It’s how Bob controlled a large group of kids.”

Dehn, who is 49, grew up in the Schaffer Village projects, where the kids were a challenge to control.

“You did what you had to do to gain respect,” Dehn recalled. “You had to earn your way in, but when BobKat was around, everyone was equal. He was your friend. He was your father, and he ran a tight ship.”

Nowak also tried to break through to some of the more difficult kids.

“My specialty was the hard nuts,” Nowak acknowledged. “I just seem to have a way with the older kids.”

Today’s teens present a different kind of challenge, Nowak noted.

“There are good kids, believe me,” he said. “But have kids gotten better than they were 30, 40 years ago? No. They’re more disrespectful, nasty. Plus, look what we are competing with: Nintendo, PlayStation, cellphones. To entertain these kids, you better be better than the phone.”

As a neighborhood, Riverside has also taken a turn for the worse, Nowak believed.

“There are drug dealers on every corner – Tonawanda, Ontario,” he said. “The embarrassing part is, I know them all because they came through here over the years. They’re polite to me. They love me but they’re dealers. Is it dangerous here by the river? Absolutely. I tell my friends who still live here – some of the older ones – be careful.”

Among club directors, Nowak is legendary, according to O’Brocta.

“It’s rare for someone to last that long because of the energy level required for that job,” O’Brocta said. “As much as he can be old-school, he is a nurturer when he has to be. He’s the only guy who has been around that long. It almost seems like his energy level is picking up as he grows older. I don’t see him even thinking of retirement, he just loves what he’s doing so much. The kids keep him going.”

email jkwiatkowski@buffnews.com
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