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Bringing big ideas to investors

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One idea is a new optical filter for use in commercial printing, medical imaging or with a smartphone to precisely identify colors and ensure consistent pigment reproduction.

Another is software that analyzes video recordings of robotic surgeries at hospitals, using this data to evaluate the surgeons’ performance.

A third is a computer-based method to help manage irritable bowel syndrome and other painful, chronic diseases.

Area scientists are pursuing these and similar ideas in their laboratories every day, winning grants to support their research and publishing the results in academic journals.

What they aren’t doing, to any significant degree, is taking those innovations from the lab bench to the consumer – because it’s difficult to raise enough money from investors to launch a startup company.

Experts say this region doesn’t have a lot of venture capital to draw from, and even downstate’s deep-pocketed investors send most of their money to California, Massachusetts or elsewhere out of state.

“That’s another huge problem, particularly in the upstate region,” said Judy Albers, a managing partner with Neworks,the organization putting on a three-day workshop at the Buffalo Niagara Medical Campus.

The workshop is an attempt to help scientists here translate their ideas into pitches for prospective investors.

Researchers behind 10 innovations – including the three above – made practice presentations Thursday to a panel of industry experts who asked tough questions and assessed whether they have business potential.

“This gives you a venue where you can start thinking about – if you have a technology, if you have some breakthrough – what’s the market value? Can we actually do something that’s useful and create jobs and have an impact that’s well beyond the research?” said Alexander N. Cartwright, the University at Buffalo’s vice president for research and economic development and a professor of electrical engineering who presented the optical filter.

This is the sixth Pre-Seed Workshop held in Buffalo. Researchers have aired more than 350 business ideas at the 60 total workshops, most held in New York, and 45 percent have become companies, Albers said.

The workshops offer intensive guidance to scientists who are adept at cutting-edge research but lack experience as entrepreneurs. “All they have is a raw technology,” Albers said.

Buffalo Niagara has made gains in promoting the life sciences and advanced manufacturing, but still lags in some areas. For example, looking at the rate at which our scientists earn patents, a key indicator of innovation, the region’s rate of 0.46 patents per 1,000 workers ranks 61st among U.S. metro areas, well below Rochester’s 2.32 (No. 6), Albany’s 1.91 (No. 9) and Syracuse’s 0.84 (No. 32), according to a recent report by the Brookings Institution.

And there isn’t enough investment money available to build a company out of the best ideas, experts say.

New York State as a whole only attracts 4 percent of the country’s venture capital, while California attracts 47 percent of the total, the governor’s office reported last month in announcing a competition meant to help attract venture capital to the state.

The limited access to capital puts more pressure on entrepreneurial-minded scientists to make a good impression on potential investors.

“The entry into the marketplace is going to be very challenging,” said Venkat N. Krovi, associate professor of mechanical engineering and applied mechanics at UB, who presented the robotic-surgery software.

The researchers, who weren’t in their natural element in making their presentations Thursday, did their best to describe their business model, revenue stream, customer base and market size.

For example, Cartwright talked about the “Color Cipher.”

The scientists have filed a patent, they are licensing the technology from UB and are working with Mutoh, a manufacturer of top-end printers.

The researchers expect to begin making the filters at a cost of $35 each and sell the filters to Mutoh for $300 each, a lower price than the $500 to $600 the company now pays to install a filter in its printers. Mutoh sells 20,000 of these printers a year, meaning the UB scientists’ company could earn $6 million per year from this one partnership.

The Color Cipher team hopes to translate the same filter technology for use as a smartphone attachment – imagine taking a picture of the paint on your wall and getting back a code with information on its precise color, Cartwright said – and the technology could some day be used in low-cost medical imaging.

Cartwright and the panelists discussed the pros and cons of making the filters in-house, versus contracting the manufacturing. Fred Davies, managing director of the Niagara Angel Network in Ontario, wondered about the “huge dichotomy” between making a filter for a copier compared to one for the medical field.

Another presenter, Jeffrey M. Lackner, an associate professor of medicine at UB, discussed his team’s Digiteque, which is meant to help people who live with a chronic disease such as irritable bowel syndrome to manage their symptoms.

It is a computer-assisted program of behavioral exercises that have shown promise as a therapy, particularly when compared to the drugs used to treat IBS, though further testing is required, Lackner said.

He estimated the cost of developing the software and renting enough server space to support the program to come out to about $2 per patient, while the revenue is estimated at $80 per patient, with up to $120 million in company revenue by their fifth year in business.

“Who are you selling to?” asked panelist Steve Nicosia, general manager with Emphasys Software.

Lackner brought up his team’s strategic partnership with Tadeka Pharmaceuticals, which licenses the IBS drug Amitiza, and their hope that doctors will prescribe Digiteque to patients as part of a Tadeka “suite” of treatment.

As for Krovi’s software to improve outcomes of robotic surgeries, the panelists wondered who needs this service and how well doctors will respond to it.

“The market’s very small,” said Teo Balbach, a principal with Mercury Capital Partners.

Krovi said more and more surgeries will be performed via robotics in the future, and the Action-Lytics technology also can be applied to data-driven analysis of golf swings and dance techniques.

email: swatson@buffnews.com

Impromptu graduation ceremony is lesson in kindness

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When Calvin Caurthon Jr. saw the happy graduates filing out of Burgard High School’s auditorium with their families, he knew something was wrong.

Calvin was supposed to graduate too, except he confused the ceremony’s start time and showed up flanked by family members at 5 p.m. – an hour after Thursday’s ceremony started.

Tears began streaming down his face, devastated that his family wouldn’t be able to witness him walk across the stage.

“He instantly broke down in tears,” said Calvin Caurthon Sr. “He really didn’t know how to face his family with that devastating news.”

As the rest of Burgard High School’s approximately 60-person graduating class headed to the gymnasium for a reception, Calvin approached Burgard Principal Brian Wiesinger in hopes of at least picking up his diploma.

“I missed it,” said Calvin, who spent the night before laying out his clothes for the ceremony.

“No, you didn’t,” Wiesinger responded.

“No, I missed it.”

“Well, who is here with you?”

“My whole family is here.”

The two-and-a-half year principal looked at Calvin, who had tears running down his cheeks, and Wiesinger couldn’t just turn him away.

Instead, Wiesinger assembled the two assistant principals and a board member, who quickly obliged, and set up an impromptu ceremony for Calvin and his family.

They called Calvin’s name across the stage, to the elation of his family members. But Wiesinger wouldn’t let Calvin take off just yet. Wiesinger also recited an abbreviated version of the speech he delivered about an hour earlier to the graduating class, titled “Everybody is Something to Somebody.”

The speech, which developed after Wiesinger came across a bumper sticker, delved into recognizing what a person’s actions can mean to another.

For Wiesinger, the decision to re-enact the ceremony circled back, simply, to knowing how to treat one another.

“The fact they had all these people around them all these years, being something to them to get to graduation,” the principal said. “Basically the idea is, it’s their turn to go forward.”

College is next for Calvin, who will be taking courses at Erie Community College South in automotive technology – something his father said he’s always excelled at, adding with a laugh, that his son had already surpassed his own ability to work on modern vehicles.

Thanks to Wiesinger’s quick thinking, what could have been a memory with regret became a positive, lasting one for all involved. For that, the elder Caurthon is grateful.

“Words can’t explain the happiness and the joy, the satisfaction he gave the family,” he said. “I’ve never seen nothing like that done for someone. I think it shows the type of person he is.”

email: dtruong@buffnews.com

Sex offender draws 10 years in prison for four felonies

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LOCKPORT – Downcast sex offender Derrick J. Houser was sentenced to 10 years in state prison Friday for four felonies, including sexual relations with two adolescent girls.

“I’m deeply ashamed of this entire situation,” Houser, 27, told Niagara County Judge Matthew J. Murphy III. “My family has disowned me. I haven’t accomplished anything my whole entire life.”

Houser had pleaded guilty May 10 to attempted second-degree criminal sexual act for having oral sex with a 14-year-old girl in Niagara Falls in late February or early March 2012.

Houser also entered guilty pleas March 8 to two counts of failure to register as a sex offender and violation of probation on a 2009 Erie County conviction for attempted first-degree sexual abuse. That case involved a 15-year-old girl and made Houser a Level 1 sex offender.

Houser broke probation by leaving his apartment on Cedar Avenue in Niagara Falls in June 2012 without permission. He moved to Detroit to be with his girlfriend and their child. Houser also failed to disclose a Facebook account to state authorities, as required by law.

“He was afraid if his girlfriend went to Michigan, he’d never see his child again and he’d be out of her life,” said Assistant Public Defender A. Joseph Catalano. He said he had a hard time convincing Houser that he should have tried to work something out with the Probation Department instead of simply leaving town.

Ironically, said Catalano, what Houser feared has come to pass because of the long prison sentence.

Murphy also ordered that Houser must be under parole-like supervision for 20 years after he is released. That’s the maximum post-release supervision allowed by law, and it was requested by Assistant District Attorney Robert A. Zucco.

Co-defense counsel Brian J. Hutchison told Murphy that he thought Houser’s problems stemmed from mental health issues and drug abuse.

The 14-year-old victim wrote a letter, part of which Murphy read aloud. She declared that she was raped and commented, “Mr. Houser is a very intimidating person.”

email: tprohaska@buffnews.com

Grant program to benefit several area libraries

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State Sen. George D. Maziarz announced this week that several libraries in Niagara and Orleans counties, part of his district, will benefit from Public Library Construction Grant Program funds.

The grants, totaling $377,165, were drawn from $14 million included for public library construction in the 2012-13 state budget.

NIOGA Library System will receive $43,482 toward technology upgrades at its computer training center in Lockport and its mobile training lab, to make both facilities compliant with handicapped accessibility laws.

The Lockport Public Library will receive $24,977 to repair masonry on the exterior of its original building. The North Tonawanda Public Library will receive $59,130 for exterior renovations, including the courtyard wall, waterfall, pools and roof.

In Orleans County, Albion’s Hoag Library will receive $137,466 to help with the construction of its new building and the Lee-Whedon Memorial Library in Medina will receive $112,110 towards its ongoing roof replacement project.

Evergreen to partner with Benedict House

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The Evergreen Association of WNY and Benedict House of WNY have announced that they have established a new partnership to provide better access to housing services for people living with HIV/AIDS.

Both agencies have worked together closely in the past, officials noted. The new affiliation will provide more resources and a broader referral network for Benedict House and additional housing alternatives for Evergreen.

Council approves plan for new paving machine

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LOCKPORT – The Common Council this week approved a five-year lease-to-own plan for a new paving machine. City Treasurer Michael E. White said the paver will cost $302,500, money that will be provided over the next five years through the state’s Consolidated Highway Improvement Program.

The city will have to pay five years of interest costs on the lease. White said M&T Bank came in with the lowest bid to finance the purchase, 2.19 percent. That will cost the city $13,295 in interest over the five years, White said.

One killed, one hurt in accident near Evangola State Park

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One person was killed and another was being treated at Erie County Medical Center Friday night after a Jeep rolled over on Route 5 near the entrance to Evangola State Park.

The accident happened sometime after 7 p.m. Friday.

The Erie County Sheriff’s Department which is supervising the investigation closed Route 5 at exit 249 for some time after the incident.

No further information has been released.

Work on three radio towers may start next month

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LOCKPORT – Construction on three of Niagara County’s new emergency radio towers – in Lockport, Newfane and Royalton – may begin next month, County Legislator David E. Godfrey, R-Wilson, said Friday.

Two other new antennas for the system, in North Tonawanda and Lewiston, continue to be delayed as engineers from Motorola Solutions, the contractor on the $10 million project, try to work around belatedly noticed obstacles that would block radio signals.

The blockages will result in taller-than-expected towers and a cost overrun of about $200,000.

Godfrey said he hopes the Legislature will be able to vote to appropriate that money at its Aug. 6 meeting. He said one solution may be to construct a new antenna atop an “elevator hut” on the roof of Niagara Falls Memorial Medical Center. Godfrey said there are questions over whether the hut could support the weight of a radio tower.

Buffalo Medical Group to triple size of Southtowns office

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Buffalo Medical Group, the region’s largest independent medical practice, is tripling the size of its Southtowns office, moving to a new building that will be constructed on the site of a former farmer’s market in the Village of Orchard Park.

The Buffalo-based group will construct a 45,000-square-foot medical office building at 3900 N. Buffalo St., just down the street from the center of the village, next to a large veterinary hospital and across from a relatively new retail plaza that includes Panera Bread and Jos. A. Bank Clothiers.

It replaces its existing 14,000-square-foot facility at 3345 Southwestern Blvd. in the Town of Orchard Park, where the practice has been operating in leased space for years but no longer has adequate room.

“This allows us to have our own facility, which is must larger than our current facility,” said spokesman Joseph Martone. “We’re really jammed in. We’re out of space, and this allows us to provide expanded services to the Southtowns, which is an important market for us.”

Besides having ownership of its new location, the move will enable the medical practice to expand its services in the area beyond basic primary and specialty care to include expanded multi-specialty care, additional primary care and cancer care, and ancillary services, such as otolaryngology, diagnostic imaging and diagnostic cardiology. About 24 doctors currently practice in Orchard Park.

“The new building will provide an enhanced patient experience because it will allow us to care for patients in a more efficient manner,” said Daniel J. Scully, BMG’s CEO.

The new two-story facility will become Buffalo Medical Group’s centralized hub in the Southtowns and its third comprehensive location after its main sites at 85 High St. on the Buffalo Niagara Medical Campus – where it has been since its founding in 1946 – and at 295 Essjay and adjacent buildings in Williamsville, which date back to the late 1980s and early 1990s.

Williamsville is the group’s largest location in patient volume, followed by High Street and Orchard Park, but officials expect that Orchard Park will grow to a similar volume to High Street after the expansion.

“It’s exciting news for us,” Martone said. “It replicates what we have at 295 Essjay and High Street. It’s been in the works for a number of months.”

The properly was formerly owned by Saville Farms, which operated a farmers’ market on the site. The new building will be two floors but will incorporate the shell of the old building, Martone said.

Buffalo Medical Group bought the property from Ellicott Development Co. for $1.4 million. The medical practice and its development team – McGuire Development Co. as project consultant, Ellicott as construction manager and Carmina Wood Morris PC as architect – are now working with town officials to obtain site plan approval, which is expected shortly. Plans call for the group to move to the new site in the first quarter of 2014.

“With this exciting expansion in Orchard Park coupled with our additional facilities, Buffalo Medical Group remains well positioned to care for the diverse medical needs of our patients throughout Western New York,” Scully said.

Buffalo Medical has 106 doctors in 19 satellite locations and the three comprehensive sites. The practice, among the oldest and largest in the state, recorded more than 475,000 outpatient visits in 2012.

email: jepstein@buffnews.com

Buffalo stars in filmmaker’s project

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That helicopter buzzing parts of Buffalo on Friday might have caused some to think an aerial police search was unfolding.

Nothing of the sort.

A local filmmaker was shooting footage that he hopes will create an Internet buzz about just how great Buffalo is when his video, “Buffalo, America’s Best Designed City,” is finished later this summer or early fall and becomes available for online viewing.

The video will feature the city’s architectural treasures, its waterfront and its other gem, the Olmsted system of parkways and parks.

“I think it is a great untold story. Buffalo doesn’t get enough credit for its exquisite urban design,” said John Paget, whose other short promotional films of Buffalo have been watched online by upwards of half a million viewers.

Those videos, accessible on YouTube, include “This Place Matters” and “Buffalo. For Real.”

Paget, who moved here in 2005 from Olympia, Wash., said he immediately fell in love with the region and wanted to tell its story. The award-winning documentarian was hired by Visit Buffalo Niagara to make those first two promotional films, but this time around he put himself in charge and sought funding from different sponsors, including his former client.

Paget took aerial shots Friday morning of parks, parkways and buildings such as City Hall, the Electric Tower and St. Louis Catholic Church.

“There was so much to shoot that midway we had to go and refuel,” he said.

During a flight Friday evening, he filmed shots of Lake Erie, Canalside, the Buffalo River and a Bisons baseball game at Coca-Cola Field.

But that is only part of the production work planned for this summer: Paget says he also will film the city from boats and kayaks, and on land.

“We have these walkable and bikeable neighborhoods like Elmwood Village. These are the places Americans are moving back to and gravitating toward. They don’t want to be stuck in the car for two hours of commuting,” Paget said.

And, of course, the parks and parkways designed by Frederick Law Olmsted will help tell Buffalo’s story.

“Olmsted’s famous for designing New York City’s Central Park, but I would really argue that his masterpiece is here in Buffalo,” Paget said. “The story goes that he was invited here after we saw what he did in New York City. We wanted him to build us the same. He said our ambitions were too low. We’re going to put the entire city in the park.”

Paget also has high ambitions.

He says that if past experience proves correct, his short film, which will be five to 10 minutes long, will attract plenty of viewers on the Internet. “With these short films, they find their own audience,” he said.

Other sponsors of Paget’s latest cinematic endeavor are Buffalo Niagara Enterprise, Erie Canal Harbor Development Corp., the Larkin Group, Houghton College and Block Club Creative.

email: lmichel@buffnews.com

Peace Bridge fight close to being resolved

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WASHINGTON – The bitter dispute over the future of the Peace Bridge may end today at a meeting in New York City among Gov. Andrew M. Cuomo, the Canadian ambassador to the U.S. and his American counterpart.

Sources who asked not to be identified told The Buffalo News on Friday that Cuomo and the Canadians appear to be approaching an agreement that would let planned improvements on the American side of the bridge move forward while leaving the Peace Bridge Authority intact – meaning the governor would not sign a bill passed by the State Legislature to dissolve the authority.

Cuomo and the two ambassadors will try to finalize that deal at their meeting in New York.

A term sheet showing the projects included in the potential agreement, which a source read to The News, outlines at least $150 million – and perhaps as much as $180 million – in construction over the next few years.

The sheet shows that the deal, if finalized, would create 2,725 construction jobs at the bridge by 2016.

Included in the $150 million in projects are $55 million in short-term improvements to the American side of the bridge that the authority approved last fall.

But the deal also could include something that may lead to far more construction on the American side in future years: an environmental study that would look at moving some facilities that are currently on the plaza – such as the duty-free facility, perhaps – elsewhere on the plaza or to nearby land.

The meeting where the deal may be finalized comes only a week and a half after the Legislature passed a bill that could disband the Peace Bridge Authority, and only four days after Canadian Ambassador Gary Doer threatened legal action if Cuomo signed the bill.

But sources told The News that despite all the public acrimony, private talks between the Governor’s Office and John F. Prato, the Canadian consul general in New York, have been ongoing for weeks. All the while, sources said, Cuomo had been trying to use the legislation as a hammer to win a compromise.

What appears to be emerging as a result of it all is a deal where both sides can claim victory.

If a deal is struck, Cuomo can tout the fact that improvements on the American side – a new customs house, a widened approach to the bridge and a new connecting ramp – will move forward before the redecking of the full bridge, which Canadians said would have to come first if the Peace Bridge Authority were disbanded.

Moreover, the environmental impact study of future U.S. improvements will move forward at the same time as a pilot project whereby U.S.-bound cargo will be pre-inspected on the Canadian side of the bridge. The Canadians had objected to that study beginning while the pre-inspection project was under way. The thinking was that if pre-inspection is a success, there may be no need for further expansion on the American side.

Meanwhile, the Canadian government can claim, accurately, that it preserved the binational governing authority that has run the Peace Bridge since the 1930s – despite the threats wielded by the governor and state legislators. They can also argue, correctly, that the governor did not win his initial demand: control over the American plaza.

Cuomo’s allies on the Peace Bridge Authority had also demanded the resignation of Ron Rienas, the bridge’s general manager and a Canadian. Sources told The News that Rienas’ future remains in question.

Attending today’s meeting in New York will be Cuomo, Doer and David Jacobson, the U.S. ambassador to Canada.

Cuomo administration officials downplayed the significance of the gathering, saying it is “one in a series of meetings.” They would not confirm the outlines of the emerging deal.

Canadian sources, meanwhile, confirmed that the meeting would take place.

If Cuomo and his Canadian counterpart strike an agreement, it’s likely to resemble what’s outlined in the term sheet, which shows the following projects:

• A new $23 million customs house on the American side, with construction to begin this fall and to be completed by the summer of 2015, creating 556 construction jobs.

• A $10 million widening of the approach to the Peace Bridge on the American side, with work also starting in the fall and set to be finished the summer after next, creating 278 construction jobs

• A $22 million connecting ramp on the American side, a state-funded project that would begin next spring and be done in the fall of 2015, creating 612 construction jobs.

• The redecking of the entire bridge, which would start in 2015 and end a year later. Some $2.5 million in engineering and design work is already under way on that project, and construction would cost $92 million and result in 1,279 construction jobs.

• Some $500,000 in improvements to prepare for the pre-inspection pilot project to go forward on the Canadian side – and another $25 million to $30 million in construction in Canada if the pilot project works and cargo inspection is shifted permanently to Fort Erie.

Even if Cuomo and the ambassadors strike a deal in New York, some of the most significant improvements on the American side of the bridge may be left to be decided another day.

The environmental impact statement will examine several potential projects, a source close to the negotiations said. First and foremost, it will look at what the American plaza may look like if the pre-inspection project succeeds – or if it fails.

News political reporter Robert J. McCarthy contributed to this report. email: jzremski@buffnews.com

Hollywood stars shooting movie next week in Falls

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Academy-Award winning actresses Susan Sarandon and Kathy Bates, and Melissa McCarthy, star of the 2011 hit “Bridesmaids,” will be in Niagara Falls Thursday to shoot scenes for a movie.

“Tammy,” a comedy, is about a woman, portrayed by McCarthy, who after losing her job and finding out her husband has been unfaithful, hits the road with her hard-drinking grandmother, played by Sarandon.

The Warner Bros. film is being directed by Ben Falcone, McCarthy’s husband. The couple co-wrote wrote the screenplay.

Other cast members include Dan Aykroyd, formerly of “Saturday Night Live,” and Allison Janney, who co-starred in the popular TV series “The West Wing.”

A number of local actors and crew are being hired to work with the film crew for what is expected to be a one-day shoot. This comes on the heels of the Universal Pictures’ “Best Man Holiday,” which recently turned Bills Stadium into Giants Stadium and included a number of locals hired as extras.

The local filming is expected to be in Niagara Falls State Park at the renovated Cave of the Winds attraction, and won’t be accessible to the public.

The rest of “Tammy,” which has a tentative release date of July 2014, is being shot on location in North Carolina.

Buffalo Niagara Film Commissioner Tim Clark had no official comment but said filming of other major motion pictures would be occurring in the region in the near future.

Sarandon is a five-time nominee who won an Oscar in 1996 for a leading role in “Dead Man Walking.” Bates, a three-time nominee, won an Oscar in 1991 for a leading role in “Misery.” McCarthy, in addition to “Bridesmaids,” has had TV success with co-starring roles in the “The Gilmore Girls” and “Mike & Molly.”

In other local movie news, veteran actor and Cheektowaga native William Fichtner walked the red carpet at Disneyland Friday for the premiere of “The Lone Ranger,” with Armie Hammer in the lead role and Johnny Depp as Tonto. Fichtner co-stars as the villain Butch Cavendish. Fichnter is also starring in “Teenage Mutant Ninja Turtles,” now shooting in New York City.

email: msommer@buffnews.com

Cuomo’s had a tough legislative session

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ALBANY – One has to wonder if Gov. Andrew M. Cuomo’s muscles are sore following a legislative session when he twisted so many arms to try to get his way on things.

As the 2013 session was ending Friday and Saturday morning, the governor found that governing in his third year was not as easy as he might have come to expect, as lawmakers and special-interest groups were more willing to take him on and push back against some of his ideas.

After emphasizing fiscal restraint themes during his first two years as governor, Cuomo took a sharp turn to the political left, beginning in January with his successful campaign for stronger gun-control laws. That leftward turn continued to the end with his failed abortion protection measure this past week.

Not getting approved Friday was Cuomo’s push to what he termed “codifying” state law to ensure abortion remains legal even if the 1973 Roe v. Wade decision is ever reversed of the federal level.

Critics said the bill, which never came up to a vote on the floor of the State Senate, would have encouraged more abortions and expanded late-term procedures in New York. The Senate ended its session Saturday morning.

In fact, a series of major bills that would protect women’s rights at work, at home and when they face domestic violence was derailed Friday over the contentious late-term abortion proposal.

Senate Republicans defeated a surprise amendment that would have forced the chamber to consider the abortion measure, which was part of Cuomo’s Women’s Equality Act. The Senate had planned to pass the nine other bills in the act.

But Assembly Speaker Sheldon Silver, moments after the Senate vote, said the Assembly now won’t consider the nine bills, which address discrimination and abuse without the abortion measure. The Assembly ended its session Friday.

Meanwhile, Cuomo’s leftward turn may have come with a price: a drop in the polls, especially among upstate voters.

The governor’s post-session spin came into public view Thursday afternoon in the Capitol’s historic Red Room, where he checked off his 2013 victories.

He cited, among others, the gun bill, another on-time budget, another round of regional economic development funding, as well as more recent deals ending disputes with three Indian tribes, including the Seneca Nation.

And he cited approval of his plan for a dramatic casino gambling expansion and his program to offer tax free zones on college campuses for new companies that locate there.

“If you go back and look at what we laid out as plans and concepts in the State of the State … it’s a remarkably high completion rate,” Cuomo said.

But it also was a year when the governor had to use more political threats and wage more battles to try to get his way. It didn’t always work.

He failed to get his much-touted “anti-corruption” package, which he began pushing in earnest only after the arrests of several lawmakers on various corruption charges. He was unable to get approved taxpayer funding of statewide political campaigns, a measure he began pushing hardest after he amassed more than $22 million in his own campaign account.

He could not get the abortion bill through the Senate, despite all manner of arm-twisting. It also was a measure he called historic but also said had little practical effect because Roe v. Wade is the law of the land. He also could not get an item that for months he called a priority: essentially decriminalizing possession of marijuana.

And there were the less-noticed items. For instance, he has talked about improving the state’s congested and aging power transmission system, an idea that could be a financial boom to power plants in Western New York looking to sell power to energy-hungry downstate. A bill to devise a way to finance the upgrades fell apart and died last week.

It was a contentious year for Cuomo. He fought with lawmakers, with public employee unions, with religious organizations, with teachers, with gun owners and with business groups.

He now says he will appoint a special investigatory panel to probe possible abuses in legislative fundraising and campaign spending because lawmakers would not go along with his anti-corruption package, including the public financing of campaigns.

The governor watched as his own, hand-picked co-chairwoman of the Democratic Party, Syracuse Mayor Stephanie Miner, went public with her protests over his fiscal policies. More recently, he picked a fight with Canada over Peace Bridge improvements in Buffalo.

Republicans see some wounds in this year’s session for Cuomo.

“Andrew Cuomo’s 2013 legislative session was all politics and no substance related to jobs, economic growth or Albany’s culture of corruption,” said state Republican Party Chairman Ed Cox.

One Republican lawmaker considering a run against Cuomo next year called the session a failure for the governor, starting with his “Howard Dean-like performance” in the State of the State when he screamed into the microphone for the need for a gun control bill and called for the tax-free plan for businesses that locate on college campuses.

“He’s saying this is the best thing we’ve ever done for upstate New York. That’s insane,” Assemblyman Steve McLaughlin, a Washington County Republican, said of the tax-free campus plan.

“If that’s the best you’ve got, you might as well pack up shop now because this is a joke and a slap in the face to people upstate who own businesses and are working their tails off trying to pay these outrageous taxes and fees.” the lawmaker said of a plan he believes unfairly treats existing businesses over those coming for the tax-free zones.

The tax-free zone program was approved Friday by the Senate and Assembly. It gives a host of tax advantages, including no state or property taxes and even no personal tax income tax liabilities, for workers of a firm relocating to a state or private campus.

The program comes on top of a measure also approved Friday, permitting four new casinos in three upstate regions; Western New York would not be included because of a recent deal Cuomo struck with Seneca President Barry Snyder to preserve the tribe’s exclusive right to operate casinos in the region.

The Associated Press contributed to this report. email: tprecious@buffnews.com

Three injury accidents hit Silver Creek area

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SILVER CREEK – Emergency responders were busy with three serious accidents Friday afternoon in the Silver Creek area.

The first occurred at noon when a vehicle was struck as it pulled out of a gas station on Routes 5 and 20 near Irving. Emergency responders said one driver was injured. The Chautauqua County Sheriff’s Office took the accident report for the incident. Names were not available.

The second accident at about 3 p.m. on Routes 5 and 20 was at the intersection of Hanford Road. State police said the first vehicle was pulling off the highway onto the shoulder and a second vehicle struck it from behind as it slowed down. The impact from the second vehicle caused the first vehicle to roll over. A fuel spill resulted, which closed down two lanes of the highway for about 45 minutes for clean up.

The driver of the vehicle that rolled over was transported to Lake Shore Hospital in Irving for treatment of injuries. One firefighter at the scene was overcome by heat and was also treated by emergency personnel.

The third accident was at about 4 p.m. at Alleghany and Versailles Roads in the Town of Hanover. Two vehicles were involved.

The Sheriff’s Office report was unavailable. A firefighter on the scene said there were injuries, but he did not know the extent.

Hazardous-waste drop-off will be on Peabody Street

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A household hazardous-waste drop-off will be held from 9 a.m. to 1 p.m. today at Honeywell Specialty Materials, 20 Peabody St.

Items for free proper disposal include lead acid and rechargeable batteries, mercury from thermometers, thermostats and metal, full or empty propane tanks and cylinders, tires without rims and electronic waste such as computers, printers and scanners.

Up to 10 gallons of oil-based paints, oil, gasoline, kerosene and antifreeze will also be accepted. There is a two- gallon limit on pesticides, fertilizers, pool and household chemicals, paint thinner, stripper and solvents.

No latex paint, pharmaceutical waste, commercial industrial waste, appliances, yard waste or household garbage or recyclables will be accepted.

Participants may have to verify that the hazardous waste they bring in was household-generated.

For more information, call 851-4200.

Work on westbound I-290 next week will restrict traffic

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Beginning Monday, westbound drivers on Interstate 290 might experience delays or be forced to take detours at night.

The state Department of Transportation announced Friday that the highway will be repaved nightly from 7 p.m. until 6 a.m. If the weather cooperates, the repaving project is expected to take one week to complete.

The project will begin at the interchange between Interstates 290 and 90 in Amherst and will proceed west, terminating at the interchange between Interstates 290 and 190 in the Town of Tonawanda. At least one lane will remain open at all times, but on and off ramps to Interstate 290 will be closed as the project advances.

The Department of Transportation reminded drivers that fines are doubled for speeding in a work zone and that their licenses could be suspended for two speeding violations in a work zone.

Condos, lofts and suites will be focus of tour

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Distinctive living spaces not usually open to the public will be featured in the second annual “Buffalo LIVING Tour – Condos, Lofts & Suites” from 11 a.m. to 4 p.m. next Saturday. Admission is free. The tour includes:

The Antonio, the former Baker’s Shoes building at 267 Pearl St., which has been totally rehabbed inside while its historic exterior has been refurbished.

The E.B. Green Residences, 230 North St. at Mariner Street, designed by the famous Buffalo architect, who also lived there in the early 1900s.

The former Lutheran Home, 1040 Delaware Ave., newly converted into 49 upscale apartments with hardwood floors and stone countertops.

The former Grace Manor Nursing Home, 10 Symphony Circle, now has multi-story loft units on the fourth floor.

Horsefeathers Market & Residences, 364 Connecticut St. at Normal Ave., which has been totally rehabbed into shops and loft-style apartments. A restaurant on the ground floor, Martin Cooks, will host a special happy hour from 4:30 to 7 p.m.

Tour maps can be found at www.buffalolivingtour.com. Two vintage trolleys, hosted by Homefinder Extra, will offer free rides to all tour locations and will conclude at the Martin Cookshappy hour.

Family of drowned, possibly drunken Bills fan, weighs lawsuit

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David Gerken Jr. made plans to meet his brother and some friends after the Bills-Dolphins game last November.

Ejected by stadium security for being disruptive and possibly drunk, Gerken said he would catch up with them at the Tailgaters Bar and Grill at Southwestern Boulevard and Abbott Road.

Gerken never made it there and was later found dead, face down in a creek outside Ralph Wilson Stadium.

The family of the 26-year old Palmyra man has filed a notice of claim indicating they may sue Erie County over his death.

“Right now, the family is undecided over what to do," said Eric M. Dolan, a Rochester lawyer representing the Gerkens. ”This is really just administrative at this point." Dolan emphasized over and over again that Gerken’s family filed the notice of claim, the first step in a lawsuit, as a way of preserving their right to sue.

They now have two years to decide.

When asked what might convince the family to sue, or not sue, Dolan said that was a private family matter.

Dolan declined to comment on what the family’s lawsuit might allege, but the notice of claim outlines two potential allegations. One, that Gerken was forced to leave the stadium while intoxicated and during extremely cold weather. Temperatures that night - the game was on a Thursday – dipped below freezing.

The family also could allege that the fencing and lighting around the creek – Gerken’s body was found at the bottom of what police described as a “steep cliff" – were subpar and contributed to his death.

County officials declined to comment Friday, except to note that a notice of claim is not a lawsuit.

Gerken’s body was discovered at about 7 a.m. the following day, more than 9 hours after he was kicked out of the game for being disruptive.

When he didn’t show up at Tailgaters, his brother called Orchard Park police, who spent the next hour and a half looking for him. When he still wasn’t found by the next morning, the Erie County Sheriff’s Office was called in and asked to conduct an air search for Gerken. Police also used “pinging” technology in an effort to locate his cellphone.

After finding Gerken’s body, investigators said they believed the cause of death was an “accidental drowning.”

email: pfairbanks@buffnews.com

Looking for deals at a garage sale with designer labels

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In Clarence, it’s a twist to the old adage. A Spaulding Lake resident’s trash is another’s designer handbag. Or antique vase. Or even a hot tub.

But even sellers who live in half-million dollar homes can end up at the mercy of a bargain hunter.

“People are expecting better things because of the neighborhood,” said Jan Shine of Lakestone Court.

Still, “people really come for a deal,” she said.

The annual neighborhood garage sale continues today in the upscale Clarence development, home to some of the area’s wealthiest and best known residents, including doctors, a congressman, and current and retired Buffalo Sabres hockey players.

So more than your average garage sale fare is up for grabs. In Spaulding Lake, the caliber of the wares and the size of the deals are a cut above those at other garage sales happening across Western New York this weekend, as can be expected at homes with three and four garage doors.

Shine, a Spaulding Lake resident for 18 years, can be considered a garage-sale veteran. Friday, she and her two-person sales team worked the floor of her driveway-turned-showroom, greeting passers-by and haggling over the prices of everything from pet supplies to sporting equipment, as well as a full spread of designer and replica handbags.

Shine’s experience and vigorous salesmanship paid off in a big way two years ago, when she raked in $2,900, including $600 for a desk. Despite those eye-popping profits, Shine said most shoppers do not come to Spaulding Lake ready or willing to shell out big bucks.

Shine recalls charging $30 for an item originally worth $350, only to have a determined shopper ask her to lower the price to $10.

Street signage and online advertisements posted by the Spaulding Lake Association announced the sale would start at 9 a.m., but smart shoppers knew to arrive early.

Dr. Robert S. Bates, of Cobblestone Drive, saw shoppers perusing his offerings a full hour before the scheduled start.

“I opened the doors at 8, came out and saw people coming up the driveway,” said Bates, a dentist.

Elsewhere on Cobblestone Drive, a trailer hitched to a minivan contained a family’s garage-sale haul: a lawn mower, a PVC pipe hockey net and an air conditioning window unit, among other finds. The minivan shared curb space with residents’ Jaguars, Hummers, and high-end Chryslers.

The lack of sidewalks in Spaulding Lake did not deter bargain hunters from sweeping the neighborhood on foot. Shoppers crossed lawns and walked along the streets as others combed the neighborhood in their cars looking for a place to park and a sale to explore.

By 10 a.m., many sellers had already parted with their best merchandise. But the steady flow of shoppers persisted into the afternoon, buoyed by the picture-perfect weather.

Sheryl Daniels, of Kenmore, accompanied by her four children and two aunts, heard about the sale from a friend. Daniels browsed through items in Shine’s driveway and took note of the neighborhood’s beautiful homes and manicured landscapes, which added to Spaulding Lake’s appeal as a bargain-hunting destination.

“It’s a very nice, well-to-do area,” she said.

Her steal of the day?

She paid $8 for a brand-new leather garment bag that would have retailed closer to $100.

A hot tub one seller uprooted from her bathroom attracted considerable attention. By 10 a.m., two people had expressed interest in buying it, provided they could find a way to get it home.

For his part, Bates welcomed the surge of bargain hunters. He viewed the sale as a chance to purge his attic and basement of clutter.

email: hglick@buffnews.com

Activist thinks MLK Splash Pad should stay open later

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City Hall spent $4.5 million dollars for long-awaited, state-of-the-art splash pad at Martin Luther King Park.

It comes with 15-foot-high water sprays that are synchronized with colorful lights.

But a community activist, who has been critical of the delays associated with the project, says the splash pad shouldn’t be turned off at 7 p.m.

“It makes no sense to have a $4 million, state-of-the-art feature,” but not use it more, said Samuel A. Herbert, of the Coalition to Save Martin Luther King Park.

He would like the splash pad to stay open until 10 p.m.

“That’s late at night, and you would have to have some type of security. What if someone got hurt?” said Michael DeGeorge, a spokesman for Mayor Byron W. Brown.

Officials said the city decided to close it at 7 p.m. for a variety of reasons, from public safety and public health to issues of staffing, cost and the fact that the city’s other splash pads close at that time.

The new attraction at MLK Park has water sprays that can be animated and set to different patterns through a computer in City Hall.

Colorful lights in the concrete basin and in the base of a light standard in the middle of the basin reflect off the water.

The idea was to make it a splash pad in the summer months, a reflecting pond in the spring and fall seasons and in the winter make it available for ice skating “if it gets cold enough for it to freeze hard enough for skating,” Brown said.

The concrete mixture used to construct it has never been used in Western New York and is specially designed not to crack. It is expected to last 50 years.

The splash pad had been expected to open last year, but there were construction delays on the project which city officials called “complicated.”

Now that’s it finally up and running, Herbert wants it to stay on until later into the night so that more people can enjoy the whole spectacle.

“The park closes at 10, and you can’t see the lights and the water,” he said.

Keeping the dancing water and fancy lights running later into the night raises safety, security and money issues, City Hall officials said.

“We would have to extend more intense police protection, costing residents more money” and “pull police from more serious areas of concern,” Brown said.

It would involve “additional security, more police and possibly overtime,” DeGeorge said.

There’s also the possibility someone decides to jump into the water when no employees are around, Brown said.

“From a public health and safety aspect, we don’t want people in the wading” basins after staff members get off from work at 7 p.m., he said.

As for staffing and budgetary concerns, if the splash pad stays on later than 7 p.m. “we would get into overtime, more staffing and again more costs,” Brown said.

Brown said that splash pads in other parts of the city shut down at 7 p.m. If an exception was made for the MLK splash pad, neighbors living in communities where other splash pads are located might see it as favoritism, Brown said.

“People in other parts of the city may say ‘Well, you have the MLK splash pad open. Why not open it up in our neighborhood?’ ” Brown said.

He added that the splash pad hours of operation at MLK Park will be extended for special occasions including the Fourth of July, the Pine Grill Reunion and the recent Juneteenth weekend festival.

“This is a world-class feature. We want to show it off,” Brown said. “Because of the reasons I mentioned, it is operated this way.”

email: dswilliams@buffnews.com
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