Wednesday, April 26, 2006

Buffalo, New York —A copy has been obtained of the lawsuit filed against the City of Buffalo for allegedly fast-tracking a seven million dollar hotel proposal.

The Elmwood Village Hotel is a 72-room, seven-million-dollar hotel proposed by Savarino Construction Services Corporation and designed by architect Karl Frizlen of the Frizlen Group. Its construction would require the demolition of at least five buildings, currently at 1109-1121 Elmwood, which house several shops and residents. Although the properties are “under contract,” it is still not known whether Savarino Construction actually owns the buildings. It is believed that Hans Mobius, a resident of Clarence, New York and former Buffalo mayoral candidate, is still the owner. The hotel is expected to be a franchise of the Wyndham Hotels group.

According to official court documents, there are more defendants than previously thought. Documents state that not only Buffalo’s Common Council and Planning Board are named in the lawsuit, but also the Mayor of Buffalo, Byron W. Brown, Savarino Construction Services Corporation, Hans J. Mobius and his son Hans S. Mobius owners of the properties at stake, Pano Georgiadis, owner of Pano’s Restaurant on Elmwood, and Cendant Corporation, the parent company of Wyndham Hotels are also named in the suit.

According to the lawsuit, during the length of the trial, Savarino Construction along with their employees, Hans Mobius and his son are not allowed to make any alterations or “engage in the physical alteration” of any of the said properties, 1109-1121 Elmwood and 9999 Forest. The suit also states that the owner of 605 Forest, Pano Georgiadis is also to follow the same rule.

The suit also states that Hans Mobius, his son and employees or “agents” are not allowed to “take any step, lawful or otherwise, to terminate [the] petitioners, Nancy Pollina and Patricia Morris,” owners of Don Apparel at 1119 Elmwood “tenancies.” Although the business is owned by Pollina and Morris, they are without a lease.

Within the suit it states that the rezoning of the properties 1119-1121 Elmwood and 605 Forest, by the Common Council, from a ‘R3’ Dwelling District to a C2 commercial zone “constitutes as impermissible ‘spot-zoning'” and is “not in accord with a well-considered plan for the development of the community and is null and void.” According to the suit the courts of New York have defined spot-zoning as “the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such properties and to the detriment of other owners.” The suit also states that the proposed site for the hotel is different from the surrounding properties because none of the zoning classifications, ‘EB’ [Elmwood Avenue Business District], ‘R3’ [Dwelling District], ‘R1’ [One Family District] and ‘R2’ [Dwelling District], permit the construction and operation of a hotel.

It is alleged that Savarino Construction “failed to utilize forms obtainable from the city clerks office, failed to include an accurate map or survey showing the location of all buildings and structures and failed to include the names and addresses of each of the owners of the properties to be rezoned.”

It is also believed that recommendation in regards to [hotel] compatibility, different land uses, traffic studies, community character, population density, relations between other residents and business owners, public convenience, governmental efficiency, and achieving and maintaining a satisfied community, were to be sent to Erie County’s Planning agency and was to refer Savarino’s rezoning application and site plan to the agency, however; the lawsuit alleges that although a referral was given to Savarino, it “does not appear that the ‘full statement of such proposed action’ was forwarded to the County [Agency].”

The suit also alleges that the Common Council “failed to wait the ‘statutorily-mandated’ 30-days after the County’s Planning Agency’s receipt” of recommendations from the Council. The County’s Planning Agency replied to the recommendations, however; the Agency replied on March 27, 2006, just six days after the Council made its recommendations, falling well short of the “statutorily-mandated” thirty days. The Agency’s reply however, did not support or oppose the recommendations or hotel proposal.

Public hearings are required to be registered by the City clerk to the City Planning Board, and according to the suit, “no record” of the Public hearing on March 7, presenting the initial proposal to the public, was made within the City’s Clerk office or Planning Board.

The suit also alleges that the Common council and Planning Board also violated the State’s Environmental Quality Review Act or SEQRA and the City’s Environmental Review Ordinance by allowing the Planning Board to be the “lead agency” instead of the Common Council. A lead agency is an involved agency principally responsible for undertaking or approving an action and therefore responsible for determining whether an Environmental Impact Statement or EIS is needed, according to the SEQRA regulations. The suit also states that the hotel proposal “constitutes an action under the SEQRA” because the project could “affect the environment by changing the use, appearance or condition of any natural resource or structure that requires one or more approvals from an agency or agencies” and that the Common Council and Planning Board are “obliged to comply with both the letter [recommendations] and spirit of the SEQRA review process” which include identifying the areas of environmental concerns and taking a “hard look” at them. The suit also claims that the Common Council has the “sole authority to grant Savarino Construction’s rezoning request” and “to approve the special development plan,” but it also claims that the Planning Board is “an involved agency” but that it is “clearly subordinate to that of the Common Council” therefore the decision made by both the Council and Planning Board to allow the Planning Board to be the ‘lead agency,’ is in “violation” of the State’s SEQRA and “renders all determinations” made by the Planning Board and Common Council on March 14, 21, and 28, 2006, “void and unauthorized.” It goes on to say that the Council “proceeded without or in excess of their jurisdiction, and/or made a determination in violation of lawful procedure, affected by an error of law, and/or in an arbitrary and capricious manner.” It also states that unless the requirements of the SEQRA are met, then the petitioners have the right to “seek a temporary restraining order” from the Court if circumstances require it.

The suit also states that a failure to grant a preliminary injunction, through the courts, will result in “irreparable injury” to the petitioners and that the Council and Planing Board have failed to comply with the requirements of the SEQRA and have violated several other state laws and city codes.

So far, Savarino Construction has not responded to any calls or e-mails. District councilman Joseph Golombek also has not responded. Georgiadias was unavailable for comment.

A preliminary hearing is scheduled to take place at 9:30 a.m. on June 8, 2006 in the Supreme Court building at 50 Delaware Avenue in Buffalo, on the 8th floor, part 31.

Friday, March 23, 2007

Senior Judge Lowell Reed Jr. of the U. S. District Court for the Eastern District of Pennsylvania issued a permanent injunction on Thursday against the Child Online Protection Act (COPA) passed in 1998 that says it is a crime to make online pornography accessible for underage children.

Reed expressed “personal regret at having to set aside yet another attempt to protect our children from harmful material” but said that adults would “do the minors of this country harm, if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection.”

He added that software filters would be more effective in protecting children than the COPA.

Chris Hansen of the ACLU, the plaintiffs, said that were the law to go into effect, “all Internet would have had to be brought down to a level that is acceptable to a 6-year-old and that would have had a devastating effect on the kind of interactions that take place on the Internet.”

According to the law, which became effective in 1998 but had been barred from enforcement by the Supreme Court, websites containing “commercial” pornography are required to verify that the person looking at the material is of age, by asking for a credit card number. The law says that it would stop minors from viewing material that is “harmful by contemporary community standards.”

One advocacy group, Enough is Enough which tries to protect underage children from Internet predators and pornography, spoke out against the ruling.

“It’s a very frustrating decision. We have an epidemic problem of kids accessing pornographic material online. Pornographers continue to get a free pass on the Internet from our federal courts, and efforts by Congress keep getting trumped,” said president of the organization, Donna Rice Hughes.

If websites were caught not following the law, penalties could range from a 6 month jail sentence and fines of up to $50,000 [USD].

The United States Attorney’s office is reported to be looking over the ruling and trying to make a decision on whether to try and appeal the decision in Supreme Court.

Thursday, July 15, 2010

On Thursday, the United States Senate approved the financial overhaul package in a 60-39 vote. The bill is now awaiting President Barack Obama’s signature.

Obama is expected to sign the legislation into law next week, and the focus now switches to how the new regulations will be implemented in the coming weeks and months. The legislation will give financial regulators significant discretion in shaping the rules.

The legislation also puts faith in regulators to spot developing problems in the financial system, and gives them the authority to act to attempt to prevent another financial crisis. The bill calls for banks to hold more money in their reserves to prepare for bad economic situations, but the details of how this will be done are also up to regulators.

Monday, September 21, 2009

Dozens of students and teachers were stung by yellow jacket wasps Monday at a middle school in Cranston. The attack occurred around 10:45 a.m., according to Ray Votto, the chief operating officer for Cranston Public Schools.

It is suspected that during a routine fire drill, students exiting the building disturbed the wasps’ nest in a field behind the school. Votto said, “When kids exited towards the back of the school building near our portable classrooms, they walked into a field and may have disrupted a nest”.

The Cranston Fire Department and school nurses responded to the scene to provide medical assistance. A total of 25 students, one of whom was hospitalized, and four teachers were stung, some multiple times. All of the students and one teacher were sent home.

Monday, February 18, 2013

Venezuela’s government has opened a granite processing plant in the state of Bolívar, with the intention of providing about 25% of the granite required nationwide.

Ricardo Menéndez, vice president of the Productive Economic Area, said Venezuelan President Hugo Chávez has yearned for the creation of this project to empower Venezuelan construction. Granito Bolívar is reportedly the most modern Venezuelan granite plant, not consuming community water or electricity, and is also the largest, with a daily capacity to supply enough material for use in construction of about 820 houses.

Menéndez said, “These granite blocks are the natural resources of our country, are the wealth we have as a country and often [some] simply decided to remove this richness from our country and take them to other countries” ^{((es))Spanish language: ?Esos bloques de granito son la riquezas naturales de nuestro país, son las riquezas que tenemos como patria y que muchas veces sencillamente esas riquezas decidieron sacarlas de nuestro territorio nacional y llevarlas a otros países}.

According to Menéndez, with the help of a state plan, Venezuela intends to exploit its 40,000 million cubic meters or more of granite reserves, generating a set of factories. “[T]he central theme is that these plants, all these factories, are for the construction of socialism; that means using our potential, develop the value chain within the country and of course that yields benefits from the point of view of the production system’s organization…. [Granito] Bolívar is not only the vision that historically we had of exposing richness, but the industries, basic industries we have, that level of our workers in the basic industries and in addition the development of the potential we have in the state” ^{((es))Spanish language: ?el tema central es que estas plantas todas estas fábricas son para la construcción del socialismo, eso significa utilizar nuestras potencialidades, dessarrollar la cadena de valor dentro del país y por supuesto que eso genere beneficios desde el punto de vista de la organización del sistema productivo … Bolívar no solamente es la visión que históricamente se tuvo de exponer las riquezas, sino que son las empresas, las empresas básicas que tenemos, ese nivel de nuestros trabajadores de la empresas básicas y adicionalmente el desarrollo del potencial que tenemos en el estado}.

For the construction of the plant, supplied by 23 quarries, the government of Bolívar provided about 30 million bolívares (US$4.7 million) and the national government €2.3 million (US$3 million). Bolívar reportedly has reserves of about 40,000 million tons of red, black, pink and white granite, sufficient for domestic demand for 200 years.

Wednesday, November 4, 2009

Some of the notable pieces from the gold and silver hoard which was found in a private field in Staffordshire, England by a metal-detector user have been put on display in the British Museum in the city of London.

Approximately 1,500 pieces were found in July of this year; the discovery was reported by news sources in September. The value of the hoard itself is still being checked. 18 of the pieces have now gone on display in the museum in London, England, and can be seen by members of the public.

Fred Johnson, who is the owner of the land in which the hoard was found, said: “It’s been an incredible experience. I’m overwhelmed by it all. They say this will change the history books; it’s a strange thought that came from something lying in my field all this time. I’m trying to keep a level head about it. I’m trying not to think at all about the value of it.” Johnson will share the sum of the value of the hoard with Terry Herbert, who found the pieces. The hoard is believed to date back to the 7th century.

“People laugh at metal detectorists,” Herbert said in late September. “I’ve had people go past and go ‘beep beep, he’s after pennies’. Well no, we are out there to find this kind of stuff and it is out there.”

Michael Lewis is the deputy head of the Department of Portable Antiquities in the British Museum. Speaking to BBC News about this event, he said: “The view is that it was probably in some sort of container but that has not survived and it was deliberately hoarded, put into the ground, what is unclear is why, and I suppose what we find is they would have been objects that had been stripped from the enemies’ weapons.

“What is interesting about the hoard as a whole is all the objects are associated with war to some or a greater extent. What the hoard consists of is mainly gold objects, there are some silver ones, basically they have been stripped from whatever they were on for instance sword fittings. What it demonstrates is that the Anglo-Saxons as a people were very able to do amazing things with objects and I reckon people nowadays attempting to make these objects would have great difficulty in doing so.”

Saturday, January 5, 2008

An eight-month old boy, Andrew, was attacked and killed by a Doberman Pinscher in Brooklyn, New York. The dog was a three-year old named Mackabee, who is also neutered.

The grandmother was babysitting the boy. While she was in the kitchen she heard the boy scream and ran next door to a neighbor for help. The neighbor took the dog off the boy, rescued him and brought him to his house to try and perform CPR on the boy, while he called 911 for help.

Police said the baby’s head was in bad shape and the dog broke the boy’s skull. Andrew was sent to Kings County Medical.

The doctors tried to save his life by working on him for nearly an hour, but the boy died at 3:06 pm local time. The parents of the child were not home at the time of the incident. The dog was shot with a tranquilizer and was sent to a care center. The city Department of Health is investigating. The dog may have to be put down because of the incident.

According to the US Centers for Disease Control, the Doberman Pinscher is not frequently involved in fatal attacks on humans in comparison to several other dog breeds such as German Shepherds , Rottweilers and others.

Tuesday, December 1, 2009

With two by-elections coming up in Australia, many minor parties and independents will be looking to gain a seat in the House of Representatives. Stephen Murphy is one of the independents.

Mr Murphy is a computer programmer from the Melbourne suburb of Brunswick.

“After growing up in South-East Melbourne I studied Science at Monash with first class Honours, worked in Europe for 10 years and have recently returned to Australia. I work in finance as a computer programmer and speak five languages,” Mr Murphy said.

Wikinews reporter Patrick Gillett held an exclusive email interview with Mr Murphy, candidate for the Division of Higgins.

((WN)) Why do you want to get into parliament?

Stephen Murphy: I am standing up for what I believe is the correct course of action on the biggest issue in Australian politics in 100 years – Kevin Rudd’s flawed emissions trading scheme (ETS).

((WN)) What would the three main policies you are taking into this by-election be?

SM: I will oppose the emissions trading scheme, ensure that all government policy is based on accurate scientific evidence and return common sense to Canberra

((WN)) How would you address these policies?

SM: By asking for a Royal Commission into climate change so that the facts (such as that global warming stopped in 2001 and the emissions trading scheme will not change the climate one bit) are openly presented to the Australian people.

((WN)) Sending asylum seekers to Indonesia: good or bad?

SM: Any government policy that does not properly consider all implications (be it emissions trading, or any other issue) is a bad one.

((WN)) Is the Australian dollar’s near parity with the US dollar a sign that the Australian economy is healthy, the US economy in chaos or both?

SM: It’s a sign of both. Many countries around the world look with envy at how well (relatively) Australia is doing, to our credit! It is of concern that the American economy is in such bad shape and that their levels of debt seem unsustainable.

((WN)) How do you rate the governments economic stimulus package?

SM: The economic stimulus package was poorly targeted and poorly carried out. When we could have been building roads, dams, railways and hospitals yet instead we were paying for tattoos, PlayStations and overseas holidays.

((WN)) Should it be wound back?

SM: The question about levels of stimulus spending is a complicated one and requires expertise in economics, however one could say in general terms that all government spending should be well targeted and spent in the most efficient way.

((WN)) Is Kevin Rudd a better Prime Minister than John Howard?’

SM: Australian voters are the best judge of that and we will know in 2019 🙂

((WN)) Is the Carbon Pollution Reduction Scheme an effective solution to climate change? Why?

SM: Absolutely not. The CPRS will not change the climate by any amount that we can measure – it’s just a new tax that will hurt Australians and drive businesses and jobs overseas. Since 2003 there has been mountains of new scientific data which contradicts the popular theory that human carbon dioxide emissions are causing significant global warming. Recently, many of the scientists who wrote the IPCC report (on which the ETS / CPRS is based) have been reported as manipulating scientific data to create scary global warming scenarios. The science is definitely not settled

((WN)) Is there a better solution?

SM: We can very easily refocus the momentum and goodwill that has been generated on climate change and channel this energy into other worthwhile environmental projects in Australia that will make a difference.

((WN)) Why should the electorate vote for you?

SM: I will oppose the ETS and support responsible environmental policies instead of radical environmental policies that could end up costing every Australian taxpayer $4550 per year in new taxes.

Wednesday, January 26, 2011

Car manufacturer Toyota is to recall almost 1.7 million cars in two simultaneous recalls, that include the Toyota Avensis and Lexus IS 250, after concerns over fuel systems, which, if combined, amount to the biggest Toyota recall for six years.

Japan’s transport ministry stated it was possible for slight cracks to appear in fuel pipes in Avensis models, which may widen if the cars continue to be used. In the United Kingdom, Toyota GB are offering free repairs, which are expected to take around four and a half hours each. The Lexus IS 250 is involved in a separate recall, with around 280 thousand models outside of Japan being recalled over a faulty fuel pressure sensor, which can possibly come loose, causing a fuel leak.

The Managing Director of Toyota GB stated “We are committed to putting the customer first and have a total focus on the quality of all our products. We will liaise with our customers to carry out the repair procedures as efficiently as possible, with minimal disruption”.

Toyota has recalled over 16 million cars globally since late 2009.

Friday, January 8, 2010

Tsutomu Yamaguchi, the only Japanese civilian to be officially recognized as having survived both the atomic bombings of Hiroshima and Nagasaki by the United States in August of 1945 at the conclusion of World War Two, has died this Monday at the age of ninety-three, due to stomach cancer—one of the numerous illnesses that he suffered throughout his lifetime as a direct result of his exposure to nuclear radiation.

Mr. Yamaguchi, although he was against his nation’s involvement in the War, worked as a engineer for Mitsubishi—a company that helped equip and supply the Japanese Imperial Army. He was on business in Hiroshima at the time of the first bombing on August sixth. His almost direct exposure to the atomic explosion temporarily blinded him, ruptured his ear drum (leaving him permanently deaf in his left ear), and severely burnt the top half of his body. Three days later, having gone back to work in Nagasaki, he was approximately three kilometers away from the site of the second bomb. Although he was exposed to significant radiation in this instance as well, Mr. Yamaguchi was left relatively unscathed.

Following Japan’s surrender and the end of the War days later, Mr. Yamaguchi worked as a translator for the occupying American forces and later as a local schoolmaster, before eventually returning to Mitsubishi—which had since then become an automobile manufacturer.

In his later years, Mr. Yamaguchi became a respected lecturer who gave talks about his experiences, and publicly spoke out against the stockpiling of nuclear weapons.

For instance, in 2006, he addressed the United Nations General Assembly. “Having been granted this miracle, it is my responsibility to pass on the truth to the people of the world,” Mr. Yamaguchi said to the Assembly. He went on to say, “My double radiation exposure is now an official government record. It can tell the younger generation the horrifying history of the atomic bombings even after I die.”

When asked by the British Broadcasting Corporation what his reaction was to Mr. Yamaguchi’s death, the mayor of Nagasaki said that “a precious storyteller has been lost.”

Among the family and friends Mr. Yamaguchi left behind were his three adult children—who have also had health issues in their lifetimes thus far that they think may have be related to their father’s initial exposure.