Politics Now

By Tom Precious

ALBANY --Gov. Andrew Cuomo is hailing his new deal for new casino development as a major benefit for upstate New York.

But when asked by a reporter this afternoon if he will personally campaign to try to convince voters this fall to pass the casino referendum, the governor was less enthusiastic.

"I haven't even thought it through yet,'' Cuomo said.

But the administration has been working hard in recent weeks to move possible casino referendum opponents into at least the neutral column. Three Indian tribes, including the Seneca Nation, have cut various agreements with Cuomo in recent weeks that will keep them on the sidelines in the November ballot campaign; indeed, the Oneida Indian tribe signed a deal agreeing that it will do nothing to oppose the ballot measure. And enough casino companies from around the country are interested in making a play for casino developments in New York that even the most inside of insiders in the industry really can't pinpoint where a major rush of funds will be coming from this fall to oppose the referendum.

By Jill Terreri

Good morning,

Today, the details of a tentative 15-year contract for firefighters, which has already been approved by the union's membership and the Brown administration, will be analyzed by the city's control board. 

The control board doesn't have any authority to approve the contract, as it is in advisory status, but members are expected to give an analysis of the document's true costs to city taxpayers when it meets at 1 p.m. today in the first-floor conference room of the Market Arcade. 

Comptroller Mark J.F. Schroeder also analyzed the contract, and found that it will cost the city $23 million, which is available in city reserves, though it could end up costing more as firefighters retire, induced by incentives in the contract. Approximately half of the department will be eligible to retire by June 30, 2015, and the city could face costs of "several million dollars," as it pays out for accumulated sick and vacation time, Schroeder wrote. 

The Common Council was prepared to vote on the contract last week, but the city wanted to give the control board time to review it. 

A Council vote is expected next week. 

From today's Buffalo News, Mark Sommer looks at Horsefeathers Market & Residences on Connecticut Street, which is part of a renaissance on the West Side, and Brian Meyer talks to Thomas Eoannou about his purchase of the North Park Theatre.

And in North Buffalo, Popeyes Louisiana Kitchen is set to open in late October. 

Buffalo comptroller analysis of fire contract

By Jerry Zremski

WASHINGTON -- For an old auto town like Buffalo, today's top read (or listen), from National Public Radio, shows that the auto industry comeback may not be all it is cracked up to be.

More in the realm of conventional Washington news, The Washington Post looks at how National Security Agency spying is unraveling terror plots.

And Politico looks at two parties in trouble for different reasons. Democrats face a lost decade in the House, while Republicans are bedeviled by a "clueless caucus."

By Robert J. McCarthy

   Two top Erie County Democrats -- County Executive Mark C. Poloncarz and Chairman Jeremy J. Zellner -- Monday offered their thoughts on the Sunday death of retired State Supreme Court Justice Frank A. Sedita Jr. 

   “Judge Sedita was the consummate judge, public servant and a devoted Democrat,” Zellner said. “He was also a wonderful family man, devoted father and a mentor to many in this business including myself.  On behalf of the entire Democratic family, we are saddened by Judge Sedita’s death and our thoughts and prayers are with the Sedita family.”

   "Judge Sedita was never afraid to take a stand, and his untiring efforts on the bench led to better communities and stronger neighborhoods,” added Poloncarz.  “His work ethic, professionalism, and commitment to the law made him well-known to many, and he will be missed. Our thoughts and prayers are with the Sedita family at this time.”

By Tom Precious

ALBANY --Gov. Andrew Cuomo, who has said he would not support passage of his women's agenda package unless it included an abortion protection provision, is now sending signals to advocacy groups to embrace a measure without the already-doomed abortion piece, sources said Tuesday.

In his State of the State address this year, the governor made much of his 10-point women's agenda, which included ideas like strengthening sexual harassment laws and pressing for pay equity for women in the privte sector. But this week he made clear he was joining with leaders of various women's groups to proclaim that nine points of the 10-point package were not enough and that the abortion piece had to be included. Leaders of the Senate say the abortion bill, which has advocates and critics disagreeing over its real impact, is not passing this session, though Republicans and Democrats say they could be open with at least most of the nine points Cuomo proposed.

But sources say calls were made today by the Cuomo administration to women's groups with a simple message: maybe it's now time for them to call on lawmakers to at least go along with the nine points and forget the push for the abortion provision this year.

Melissa DeRosa, a Cuomo spokeswoman, said no such message was delivered to any women's groups and that the governor still supports a complete, 10-point agenda.

Tracey Brooks, president of Family Planning Advocates, which represents Planned Parenthood groups in New York, said she participated in today's strategy session with Cuomo. "We had a conversation about a lot of different things. It was a broad conversation,'' she said.

But at no time, she said, did Cuomo signal any retreat from the full, 10-point package. "The governor did not tell us to run a nine-point bill,'' Brooks said.

By Tom Precious

ALBANY – Lawmakers have introduced legislation to give a financial benefit to racetrack-based casinos in Western New York that will have to change their marketing strategies following last week’s deal by Gov. Andrew Cuomo and the Seneca Nation to end a $600 million dollar dispute that raged for four years.

The bill, by Sen. George Maziarz, a Newfane Republican, and Assemblywoman Crystal Peoples-Stokes, a Buffalo Democrat, would lower the amount of money the three track casinos – located in Hamburg, Batavia and near Rochester – would have to pay to the state lottery division from video lottery terminal revenues.

The legislation would also provide additional funds for capital improvements at the racinos, increase the fee the facilities get from the state by 7.5 percent and increase “free play’’ allowances used as a lure to keep bettors in the parlors. The tracks also want reimbursement of the cost to “re-brand’’ themselves as called for in the Cuomo and Seneca agreement; that would presumably include the cost of at least creating new entrance signs, billboards and other marketing expenses.

The tracks were at the heart of a dispute in which the Seneca Nation said its 2002 compact with the state was breached, in part, by a 2008 decision by the state Lottery Division to let the three track racinos market themselves as “casinos’’ and say that they offered patrons “slot machines.’’ The racinos are permitted to offer video lottery terminals, which look, sound and play like slot machines, but Cuomo agreed last week to end the way the racinos had been able to market themselves the past five years.

The Seneca Nation, whose ruling Council has not yet approved the agreement signed by Cuomo and Seneca President Barry Snyder Sr., was able to keep $209 million of the $600 million in revenue sharing payments it withheld during the dispute with the state.

The Seneca Nation is awaiting to see what comes out of the final plan by Cuomo to expand casino gambling in the state. Over the weekend, a draft bill circulated that showed Cuomo, despite the deal last week, proposed letting up to two video lottery terminal facilities into Western New York – within the Seneca Nation’s gambling exclusivity zone that Cuomo re-affirmed last week in the deal – if voters this fall reject a casino expansion measure Cuomo and lawmakers are pushing. Cuomo administration officials said Saturday that draft was outdated and that the terms of the gambling exclusivity deal Cuomo signed would be “100 percent honored.’’

By Jill Terreri

Plans for a new Popeyes Louisiana Kitchen at 2106 Elmwood Ave. call for the popular fried chicken chain to open at the end of October, though not enough Planning Board members attended today's meeting to approve the plans. 

The restaurant will be located in front of Aldi, and will have a drive-thru. Board members said they didn't expect any reason why the board wouldn't approve the project when it meets in two weeks, presumably with enough board members to take a vote.

Butterwood Sweet and Savory and Pan-American Grill, both at the Hotel @ Lafayette, made requests for outdoor patios, and the board seemed inclined to approve them. Savoy, at 149 Elmwood Ave., between North and Allen streets, made a similar request.  

Mount Aaron Baptist Church, at 540 Genesee St., is planning an expansion to accomodate its growing congregation. Board members said they think the improvements will be good for the neighborhood, which is southeast of Roswell Park Cancer Institute. 

Council committees also meet today, with light agendas. 

In other news, Buffalo Public Schools' graduation rates fell below 50 percent, reports Sandra Tan. 

And the Buffalo Police Department's South District is evicting bad tenants in an effort to clean up the neighborhood, reports Jane Kwiatkowski. 

Finally, construction season is underway and streetscapes and new pavement are planned for Lovejoy, and elsewhere. 

By Jerry Zremski

WASHINGTON -- Today's must reads are a bit off the beaten path, but that's good, right?

First and foremost, The Washington Post tells us that teacher training is failing in America.

Meanwhile, Politico looks at the campaign to defend Obamacare.

And The New York Times tells us that the GOP is trying to limit abortion again to appease its base.

Jerry Zremski covers the Supreme Court's decision on James C. Kopp's appeal and discusses his preparations for upcoming rulings on gay marriage and affirmative action in colleges.

 By Robert J. McCarthy

   A legal challenge to the 2012 election of Jeremy J. Zellner as chairman of the Erie County Democratic Committee has been dismissed by the Appellate Division of State Supreme Court.

   The suit, brought by supporters of unsuccessful chairman candidate Frank C. Max Jr. --  chairman of Cheektowaga Democrats -- was found to be without merit by the Rochester panel after a similar decision in Buffalo. Max had contended that the vote at last September's reorganizational meeting was unfairly weighted toward Zellner after improper redistricting in the Town of Amherst engineered by Democratic Elections Commissioner Dennis E. Ward, the town's former Democratic chairman.

   "The elections commissioner used an arcane provision of election law to redistrict in Amherst to his advantage," attorney Peter Reese said in filing the appeal last October.

   Zellner was elected by a wide margin, with about 57 percent of the vote to Max's 43 percent.
   In a statement, he reiterated his contention that he is the legally elected chairman of the Erie County party.

   "This ruling confirms the overwhelming vote by the duly elected committee members of the Erie County Democratic Committee," Zellner said. "At the time of the vote, both candidates for chair stated publicly that they were going to unite behind the winner. It is time for the Democratic Party in Erie County to move forward together and unite behind our strong ticket."

   Max said Monday no decision has been made regarding taking the case to the Court of Appeals.