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					STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ____________________________________________ PASTOR KEITH H. SCOTT, SR., DORA RICHARDSON, JOSEPHINE RUSH, JOHN and SHELLEY MCKENDRY and GEOFFREY BUTLER, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules against GEORGE E. PATAKI, in his official capacity as Governor of the State of New York; STATE GAMING OFFICIALS OF THE NEW YORK STATE WAGERING BOARD; CITY OF BUFFALO, COMMON COUNCIL OF THE CITY OF BUFFALO, ANTHONY MASIELLO, in his previous Official Capacity as Mayor of the City of Buffalo, BYRON BROWN, in his Official Capacity as Mayor of the City of Buffalo, CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, BUFFALO SEWER AUTHORITY and THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY, Respondents. _____________________________________________ STATE OF NEW YORK COUNTY OF ERIE ) ) ss.: Index No. 2006-1189

AFFIDAVIT OF JOEL A. GIAMBRA IN SUPPORT OF MOTION TO INTERVENE

JOEL A. GIAMBRA, being duly sworn, deposes and says: 1. I am the duly elected County Executive of the County of Erie, New York, as well

as a resident and taxpayer of the City of Buffalo. I reside at 4 Middlesex in the City of Buffalo. I make this affidavit in support of my and the County of Erie’s motion to intervene in the above captioned proceeding.

2.

The County of Erie is a municipal corporation of the State of New York and has

significant public interests which will be significantly and adversely impacted by the development and operation of a casino in the City of Buffalo (hereafter “Buffalo Casino”), New York by the Seneca Nation of Indians. The Buffalo Casino is further described in the Verified Petition filed in this matter on January 31, 2006 (hereafter “Petition). 3. Upon information and belief, there are a variety of governmental actions which

the City of Buffalo or the State of New York, or their officers, agents and instrumentalities, will need to undertake with respect to the development and operation of the Buffalo Casino, which may include but are not limited to: (i) street, sidewalk, water, sewer and lighting improvements; (ii)street closures, abandonments and transfers; (iii) the granting of easements and air rights; (iv) permits, licenses and approvals; and (v) revenue sharing agreements. 4. As reported in the Buffalo News, in March, 2006 Seneca Nation President Barry

E. Snyder Sr. requested that the City of Buffalo provide six million dollars ($6,000,000) in road, sewer, water and traffic signal improvements. 5. In a column in the Buffalo News on April 17, 2006, Seneca Nation President

Snyder wrote that there is a critical need for at least two and half million dollars ($2,500,000) of improvements to be done to city-owned lands immediately, which the City or some other public entity will have to pay for and another two and half million dollars ($2,500,000) in additional public improvements to come in the near future. A copy of that article is attached hereto as Exhibit “A”. 6. In that same column, President Snyder stated that without these improvements

“the influx of new jobs and visitors, additional economic development and affordable housing will place too great a strain on the system”. 7. At least one member of the Buffalo Common Council has stated that the County

of Erie should fund these improvements. 8. Both during and prior to my term as County Executive, City of Buffalo has

routinely requested that the County of Erie participate in the funding of major public infrastructure and public projects within the City, and the County has responded by providing four million ($4,000,000) for the City’s development of the Union Ship Canal industrial park project, four million dollars ($4,000,000) for the City’s development of the New Buffalo Industrial Park project, and twenty million dollars ($20,000,000) for development of the HSBC Arena. 9. I am informed that the governmental actions averred to in paragraphs three (3)

through and including (eight) above are subject to the provisions of the New York State Environmental Quality Review Act (“SEQRA”) as codified in Article 8 of the New York State Environmental Conservation Law. 10. The goal of SEQRA is to ensure that all governmental agencies, in the course of

their decision making and expenditure of public funds give due consideration to preventing environmental damage. 11. To achieve this goal SEQRA mandates that agencies undertake rigorous reviews

of the relevant physical, social and economic considerations attendant to such actions so as to minimize adverse environmental impacts to the greatest extent possible. SEQRA requires that other governmental agencies which are involved with or impacted or affected by such actions must be given an opportunity to participate in such

12.environmental reviews. 13. The siting, development and operation of the Buffalo Casino will impact and

affect the County of Erie. 14. Upon information and belief, the Buffalo Casino is intended to be marketed

primarily to residents of Erie County. Relevant Excerpts of SEC Filing filed February, 2006 are attached hereto as Exhibit “B”. 15. The County of Erie imposes a 4.75% sales tax on a wide array of goods and

services purchased or used in Erie County, which tax generates in excess of Three Hundred Fifty Million Dollars ($350,000,000) annually. 16. Prepared food and beverage sales within Erie County are generally subject to the

4.75% sales tax and contribute substantially to the annual revenues received by the County. 17. Upon information and belief a Buffalo Casino will have substantial bar and

restaurant facilities. 18. Upon information and belief, sales of food and beverages in a Buffalo Casino are

exempt from the County 4.75% sales tax. 19. Upon information and belief, a significant portion of the tax exempt sales of food

and beverage at the Buffalo Casino to Erie County residents will merely be in substitution of sales of taxable sales of food and beverage to these same residents that would otherwise take place, thereby causing the County to lose sales tax revenues. 20. Upon information and belief, a significant portion of gambling money lost by Erie

County residents at the Buffalo Casino will be in substitution of discretionary expenditures currently made by Erie County residents on such items as movie tickets, restaurants, sporting events and other expenditures which are subject to the County’s 4.75% sales tax, thereby causing the County to lose sales tax revenues. 21. The County of Erie is a social services district for the State of New York and

incurs hundreds of millions of dollars annually in costs for welfare, medicaid, and other financial assistance costs for its low-income residents. 22. The County of Erie expends millions of dollars annually in preventive and

treatment services for a wide range of public health issues including mental illness, as well as drug, alcohol and gambling addictions. 23. Upon information and belief, as stated by Renee Wert, gambling addition

counselor and head of gambling treatment services at Jewish Family Service and as reported in the Buffalo News on April 17, 2006, addiction counseling has doubled since the opening of the Seneca Niagara Casino. A copy of the 4/17/06 Buffalo News article is attached hereto as Exhibit “C”. 24. I am advised by the County’s Commissioners of Social Services and Health that

the siting, development and operation of the Buffalo Casino will lead to significant increased needs for social services, mental health service and other forms of governmental assistance to our residents by the County of Erie. 25. Upon information and belief as noted by Erie County District Attorney Frank

Clark and reported in the Buffalo News on April 17, 2006 detailing the impact of Seneca Niagara Casino, case loads of County prosecutors will significantly increase should the Buffalo Casino be built. Upon information and belief, as noted by Erie County District Attorney Frank Clark in the April 17, 2006 article (Exhibit “C” hereto), he has seen a dramatic increase in embezzlement type crime since the Seneca Niagara Casino was built and gambling has played a role in those cases. The increased case load in the District Attorney’s office will cause an increased drain on taxpayer funding for the County which funds that office. 26. In addition, an increase in crimes prosecuted by the District Attorney will also

have an impact on probation services which are provided by the County of Erie and already have large case loads and shortages in staff. Upon information and belief, if the Buffalo Casino is built, the County of Erie will be required to expend additional taxpayer dollars for probation services, prosecutions of adults and juvenile delinquents, as well as additional costs for detaining individuals at the Erie County Holding Center and Youth Detention Facility, both of which are funded by the County of Erie. 27. I am further advised by the Commissioner of Health that a Buffalo Casino will

undermine the public policy to discourage smoking, especially in public places, since the Buffalo Casino will not be subject to the State of New York ban on smoking in public places, which ban is enforced by the County Department of Health. The Commissioner anticipates that he will receive more applications for waivers to the New York State smoking ban from bars and restaurants that compete with a Buffalo Casino for discretionary entertainment spending and

which are otherwise subject to the smoking ban. 28. The County of Erie is also making a significant investment of public funds in the

development of the Erie Canal Harbor Project which is approximately one thousand feet (1000') away from the site of the Buffalo Casino. 29. The County has expended approximately six million dollars ($6,000,000) to date

on the Erie Canal Harbor Project to preserve the significant historical and archaeological resources within, and develop the recreational, historic and cultural tourism potential of, the area surrounding the historic location of the western terminus of the Erie Canal. 30. Erie County has issued fourteen million dollars ($14,000,000) worth of general

obligation bonds to make further public investment in the Erie Canal Harbor Project. 31. The Erie Canal Harbor Project was the subject of an extensive SEQRA review in

which Erie County was an active participant. 32. Upon information and belief, the Buffalo Casino will generate thousands of

passenger and commercial vehicle trips daily within the vicinity of the Erie Canal Harbor Project, causing traffic congestion to the detriment of the tourists and residents who are expected to visit the Erie Canal Harbor upon completion, thereby adversely affecting the public benefits intended to be realized from the investment of public funds in the Erie Canal Harbor Project. 33. Upon information and belief, the Buffalo Casino will also attract various activities

that will negatively affect the area surrounding the Erie Canal Harbor Project, including drug use, prostitution, and vagrancy, which would also discourage tourists and visitors from this area,

thereby adversely affecting the public benefits intended to be realized from the investment of public funds in the Erie Canal Harbor Project. 34. Upon information and belief, the Buffalo Casino has not been the subject of any

SEQRA review. 35. The County of Erie, by reason of the potential discretionary funding which it may

be requested to provide, its significant investments in the area of the Buffalo Casino and its responsibility for providing assistance to residents adversely affected by the siting of the Buffalo Casino, will be an “Involved Party” for purposes of any SEQRA review. 36. Due to the failure of the City of Buffalo and State of New York and their agents

to undertake the appropriate SEQRA reviews for the siting, development and operation of the Buffalo Casino, the County of Erie has not been afforded an opportunity to comment on the adverse consequences of a Buffalo Casino and to participate in fashioning appropriate actions to mitigate such adverse consequences. 37. Therefore, the City of Buffalo and the State of New York, and their appropriate

officers and employees should be forbidden from taking any action or expending any public funds in support of the siting, development or operation of the Buffalo Casino until an appropriate SEQRA review has been performed. 38. Moreover, it is respectfully submitted that the County of Erie should be permitted

to intervene as a petitioner in this matter at a minimum as an interested party because it will be severely impacted by the rulings in this matter as outlined herein.

WHEREFORE, it is respectfully requested that the Court permit the County of Erie and me to intervene in this matter as Petitioners and grant such other and further relief as the Court may deem proper. _______________________________ JOEL A. GIAMBRA Sworn to before me this ____ day of April, 2006

____________________________ Notary Public


				
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