LEGISLATURE: Inquiry board to look into coroner's dealings with spa owners

Local News

May 7, 2008

By Mark Scheer<br><a href="mailto:scheerm@gnnewspaper.com">E-mail Mark</a> The Lockport Union-Sun %26 Journal Wed May 07, 2008, 02:16 AM EDT

A board of inquiry will be convened to look into the business dealings of embattled Niagara County Coroner James Joyce.

Members of the Niagara County Legislature voted unanimously Tuesday to establish a board comprised of six county lawmakers who will examine whether Joyce violated any laws or ethical guidelines by associating with the owners of four local spas implicated in a prostitution ring.

While the measure ultimately received support from the entire Legislature, Minority Leader Dennis Virtuoso, D-Niagara Falls, initially questioned the wisdom of forming the board at this time. While Joyce is currently under investigation by federal law enforcement officials for his relationship with spa owner Che Ngan “Alan” Tsui, Virtuoso noted that he has not yet been formally charged with any crimes.

“You don’t just form a board of inquiry on a hunch,” he said.

Legislator and resolution co-sponsor Paul Wojtaszek, R-North Tonawanda, explained that forming the board of inquiry would allow the Legislature to get some answers to questions about whether Joyce did anything inappropriate in dealing with the spa owners while serving as county coroner.

“As elected officials, we have a duty to conduct ourselves ethically and legally,” Wojtaszek said.

Under county law, the board of inquiry would have the power to access relevant records and to subpoena witnesses as it conducts its investigation.

Individual board members will be chosen by Chairman Bill Ross, C-Wheatfield, who has previously said the body will consist of an equal number of lawmakers from both the majority and minority in the Legislature. Ross said Tuesday he plans to announce the names of the board members later this week.

In other matters, the Legislature:

• Agreed to provide $248,600 in county greenway funds to support the first phase of development at Gratwick Park on River Road in the City of North Tonawanda. The money will be used by the city to develop a fishing pier and a natural playground at the mile-long park. The money will come from a portion of the annual $390,000 payment the county is to receive from the New York Power Authority as part of the 50-year relicensing settlement. Ross admitted Tuesday that the county has yet to receive any of its greenway revenue from NYPA because of disagreements over the rules by which the money will be allocated. He also said he believes the county and its fellow members in the Niagara Power Coalition are nearing an agreement on the so-called greenway protocols.

“It’s close,” he said.

• Referred to the administration committee a resolution that called for the elimination of the county’s portion of the gasoline tax during the summer driving season from Memorial Day through Labor Day.

• Passed a resolution requesting support from state lawmakers to help a pair of high-profile development projects proceed in the county by lifting a moratorium that is now preventing the state Department of Environmental Conservation from accepting requests for assistance through its brownfield cleanup program. County lawmakers fear the 90-day moratorium on brownfields applications will disrupt two key projects, including the proposed $240 million Northern Ethanol plant in Niagara Falls and the $14 million Remington Rand project in the City of North Tonawanda.

• Accepted an $8 million grant from the Health Care Efficiency Affordability Law for New Yorkers program, which will be used to offset costs associated with the closure of Mount View Health facility.

• Authorized Ross and Social Services Commissioner Anthony Restaino to enter into an agreement with the state Office of Medicaid Inspector General that will allow the county to participate in a demonstration project aimed at combating Medicaid fraud and recovering overpayments. As part of the project, the county will receive the assistance of a state-funded Medicaid fraud specialist who will help the county investigate instances of abuse.

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