State Supreme Court Judge Ralph Boniello last week called for an investigation by District Attorney Matt Murphy to determine whether Mayor Irene Elia should be prosecuted criminally for her role in a possible conspiracy to violate a temporary restraining order designed to halt work at the former Splash Park property.
Furthermore, Boniello issued a pair of court orders last week ordering Elia and members of her administration to appear before him and explain why he should not find them in contempt for violating an earlier order.
"The purpose of this hearing is to punish the accused (Elia) for contempt of court," Boniello wrote. "Such punishment may consist of fine or imprisonment or both."
Boniello further warned Elia that she'd better show up.
"Your failure to appear in court may result in your immediate arrest and imprisonment for contempt of court," he wrote.
The mayor did not return calls seeking comment over the weekend.
On Oct. 4, Boniello issued a temporary restraining order stopping the city and casino developers from doing any further work on the Splash Park property at the corner of Rainbow and John B. Daly boulevards.
The city came into possession of the property following a complicated deal brokered in 1999 between then-mayor James Galie, the City Council, Niagara Falls Redevelopment and John Bartolomei, who developed the Splash Park.
Under the terms of the deal, Bartolomei would drop a number of lawsuits he had against the city, which would take control of the park for the purpose of turning it over to NFR. Bartolomei and NFR would then work out a deal between themselves to develop the property.
But after the Senecas announced they wanted the property as the site of the permanent casino here, Elia became reluctant to part with it, failing to show up at a scheduled closing. The deal unraveled, and both Bartolomei and NFR filed suit against the city.
Boniello's order calls for the city to pay NFR and Bartolomei's company, Niagara Venture, $500,000 for "each and every" violation of the temporary restraining order, with every entry on the property constituting a separate violation. Penalties of more than $500,000 may be assessed should it be determined that violations were more egregious, he wrote.
"This time, Mayor Elia's really crossed the line," said one attorney familiar with the case. "She could wind up going to jail over this."
Elia has a long history of not complying with laws and court orders she doesn't like. Her repeated violations of the state Open Meetings Law have become so common that the daily newspapers don't bother to write about them anymore, and her unilateral restructuring of negotiated health care plans for city workers has led to no fewer than five lawsuits.
This summer, she had several parcels associated with the Splash Park property appraised at $3 million and offered them to the Senecas as casino parking lots. The Senecas, apparently unaware of the legal battle brewing over the property, went ahead and began work, destroying concrete berms and cutting down trees, some of which had stood for more than a century.
In keeping with her grip on reality, Elia included the $3 million in the city's 2003 budget, despite the fact she doesn't have it and isn't likely to get it.
Boniello ordered all work stopped on Oct. 4, but last week, Bartolomei and attorney Donald Alessi presented Boniello with evidence detailing repeated violations of the order.
In addition to Elia, Corporation Counsel Ron Anton, city attorney Richard Zucco, Economic Development head John Drake and Larry Krizan of the city's Urban Renewal Agency are all named as defendants and are also facing possible fines and jail time.
Boniello ordered the defendants to appear before him on Oct. 21.
On the other side of Fourth Street, residents were shocked last week as construction workers began demolition work at Lackey Plaza. Councilman Vince Anello said he was told by Anton and City Administrator Al Joseph that the plaza was included in the casino "footprint" and had to be turned over to the Senecas along with the convention center.
"They just handed it over without a hearing or anything else," Anello said.
Laborers using jackhammers destroyed staircases, walls and other features of the plaza, which had been maintained for decades with city tax dollars. While no one seems sure what the Senecas' plans are for the plaza, the move freed up $100,000 donated to the city earlier this year by NFR for the purpose of improvements there.
Elia said she plans to use the money to pay the Albany law firm she hired to fight lawsuits lodged by the various city workers' unions.
| Niagara Falls Reporter | www.niagarafallsreporter.com | October 22 2002 |