Niagara Parks workers protest recent cutbacks in tourist district

By Mike Zettel

Niagara This Week

Business decisions being made by the Niagara Parks Commission are bad for workers, bad for business and bad for visitors coming to the falls.

That was the message delivered Sunday morning by dozens of parks workers with the Ontario Public Service Employees Union, who gathered in the city’s tourist district for a protest march.

OPSEU local 217 president Bill Rudd said the main issue has to do with management’s decision to cut back employee hours, in part by reducing the hours of operation of certain attractions, as a cost-saving measure.

He said the decision was made on the very day of the release of the annual “sunshine list,” which details public sector workers salaries above $100,000 and showed management making six per cent more last year.

“The workers are inflamed, and they should be,” Rudd said. “They’re close to the poverty line as it is, and then they do this.”

NPC employees represented by OPSEU are responsible for a wide range of duties. They include parks police, bus drivers and horticultural workers.

They were joined by members of Workers United, the hospitality workers union, as well as several other trade unions.

The protesters gathered near the corner of Dixon Street and Stanley Road, marching by the casino and down to Table Rock for the rally.

Addressing the crowd, Rudd said the cutbacks will have a severe impact on the condition of the park and the level of customer service. He pointed, by way of example, to the beat up snow fence across the street, still standing up in May.

“These visitors that come here and see this shabby fence won’t be coming back,” he said.

The protesters were joined by three Niagara politicians, MPP Kim Craitor, Welland MP Malcolm Allen and MPP Peter Kormos, all of whom expressed sympathy for their cause.

Craitor said he too has questioned some of the decisions by the NPC and has raised concerns about the commission at Queen’s Park. He implored people to continue e-mailing him or otherwise letting him know about their concerns, saying every single message will get to the proper person.

Kormos said the NPC’s recent actions, including the questionable investments made at Table Rock, only reinforce the need for it to be disbanded and replaced by elected and accountable officials.

“Let’s have direct political accountability,” he said.

Niagara Parks Commission protest cut in hours

Niagara Falls Review

More than 100 Niagara Parks Commission employees marched to Table Rock on Sunday to protest what they say are unfair working conditions.

According to the Ontario Public Service Employees Union, about 1,000 seasonal employees have had their hours reduced from 44 or 40 hours to 37.5 hours.

“They’ve cut hours of work so people cannot make a reasonable living,” said Bill Rudd, president of OPSEU Local 217.

Jim Williams, NPC chairman, said visitation is down in the park due to the downturn in the economy so the agency needs to be “very prudent in our expenditures.”

Rather than simply letting staff go, Williams said the park looked for innovative ways to share what work is available among its employees.

“We’re asking staff to reduce their work week by two-and-a-half hours for the sake of their colleague’s jobs. Anything other than that, then we’d be running at a deficit.”

“We’re trying to ensure that through these tough recessionary times we have a stable business that will grow and prosper once we come out of this recession.”

Rudd said the decision to cut hours is the result of a “heavy handed management that is making poor decisions.”

“Cutting the hours of one restaurant worker doesn’t save you any money because you have to replace them with someone else,” he added.

The employees affected include maintenance workers who look after the commission’s 1,720 hectares of parkland to the servers in the parks’ restaurants.

“The condition of the park has deteriorated and the service we give our customers has deteriorated,” Rudd said. “We need those customers, we offend them once and they won’t come back.”

Niagara Falls MPP Kim Craitor attended the rally and said recent actions by the commission has caused him some concern.

“There’s some been decisions that I’ve questioned,” he said, adding he has taken his concerns to Queen’s Park.

Welland MP Peter Kormos on Sunday called for a public inquiry into the commission’s business practices.

“The Niagara Parks Commission should be disbanded and those commissioners sent home,” he said.

Members of Worker United Local 2347, which represents restaurant servers, also participated in the rally.

Hundreds Rally To Protest Employers Cuts

Unionized employees of The Niagara Parks Commission rallied today to protest the recent cuts in wages and hours.

The Commission has slashed the seasonal employees income by six percent. A very sour pill to swallow when reports of wage increases of between six and 9 percent were given to the Commission’s senior and executive management.

Adding to this is the already shortened work season for the seasonals which could very well be even shorter this year.  Hopefully it will not get to the point that monthlys will replace the term seasonals.

Although this rally was in support of seasonal workers several full time employees also were in attendance to show their support.

MPP Peter Kormos (Welland), Kim Craitor MPP (Niagara Falls), Malcolm Allen, NDP, MP, Welland and Jimmy Dean,   Area Council  President, Workers United,   were present to show their support.

Members of OPSEU and Workers United get ready to march down to Queen Victoria Park.

OPSEU Local 217’s President  Bill Rudd,  expresses his concerns to a reporter from Niagara This Week.

Welland MPP Peter Kormos speaks to members of OPSEU Local 217 prior to the march into Queen Victoria Park.

Members of OPSEU Local 217 and Workers United Local 2347 rally to protest wage cuts at the Niagara Parks Commission.

Members of OPSEU and Workers United gather at Table Rock to protest the shortening of work hours and lower wages.

Bill Rudd, President, OPSEU Local 217, speaks to the crowd.

MPP Peter Kormos (Welland),  speaks in support of the workers concerns.

MPP Kim Craitor (Niagara Falls), Was also in attendance to voice his support.

The rally was watched by three Niagara Parks Commission senior officials.

Malcolm Allen, NDP, MP, Welland

Jimmy Dean,   Area Council  President, Workers United

OPSEU: Niagara Parks Commission Workers March to the Falls to Protest Cut in Hours

PR-USA.NET

Niagara Parks Commission workers will march to the Falls on Sunday to protest the Commission slashing their hours. About 1000 seasonal employees have had their hours reduced from 44 or 40 hours a week to 37.25 hours, resulting in an average pay cut of 6.25 per cent. The workers say the Commission’s cost-cutting move has dire consequences not only for their own financial situations; seasonal employees earn barely more than the poverty threshold, but also for conditions in the parks. “The decision to cut hours is making an already bad situation worse,” said Bill Rudd, president of Local 217 of the Ontario Public Service Employees Union. “The grass isn’t being cut, gardens aren’t being tended and service in the restaurants is not at the standard it was before.” When: Sunday, May 17 What time: 10 a.m. – 12 noon Where: Workers will assemble near Dixon and Adelaide, march through the park, arriving at the Falls near Table Rock restaurant at around 12 noon, where federal and provincial politicians and other dignitaries have been invited to address the crowd. The employees affected by the cut in hours range from maintenance workers who look after the Commission’s 1,720 hectares of parkland to the servers in the parks’ five restaurants. At the same time, many managers at the Commission are on Ontario’s “Sunshine List” of public sector employees earning over $100,000 a year. The march is being jointly organized by OPSEU Local 217, representing parks maintenance and kitchen staff, and Workers United Local 2347, representing restaurant servers.

OPSEU: Niagara Parks Commission Workers March to the Falls to Protest Cut in Hours

May 14, 2009 12:24 ET
OPSEU: Niagara Parks Commission Workers March to the Falls to Protest Cut in Hours

NIAGARA FALLS, ONTARIO–(Marketwire – May 14, 2009) – Niagara Parks Commission workers will march to the Falls on Sunday to protest the Commission slashing their hours.

About 1000 seasonal employees have had their hours reduced from 44 or 40 hours a week to 37.25 hours, resulting in an average pay cut of 6.25 per cent.

The workers say the Commission’s cost-cutting move has dire consequences not only for their own financial situations; seasonal employees earn barely more than the poverty threshold, but also for conditions in the parks.

“The decision to cut hours is making an already bad situation worse,” said Bill Rudd, president of Local 217 of the Ontario Public Service Employees Union. “The grass isn’t being cut, gardens aren’t being tended and service in the restaurants is not at the standard it was before.”

When: Sunday, May 17

What time: 10 a.m. – 12 noon

Where: Workers will assemble near Dixon and Adelaide, march through
the park, arriving at the Falls near Table Rock restaurant at
around 12 noon, where federal and provincial politicians and
other dignitaries have been invited to address the crowd.

The employees affected by the cut in hours range from maintenance workers who look after the Commission’s 1,720 hectares of parkland to the servers in the parks’ five restaurants. At the same time, many managers at the Commission are on Ontario’s “Sunshine List” of public sector employees earning over $100,000 a year.

The march is being jointly organized by OPSEU Local 217, representing parks maintenance and kitchen staff, and Workers United Local 2347, representing restaurant servers.

For more information, please contact
OPSEU Local 217
Bill Rudd
905-658-5305

Maid of the Mist Accused of Hundreds of Counts of Perjury

by Niagara Falls Newsline | April 27, 2009 at 12:31 pm A complaint has been filed in the United States District Court for the Northern District of Georgia charging Maid of the Mist President, Christopher Glynn, Maid of the Mist’s VP of Marketing, Timothy P. Ruddy, and Maid of the Mist Controller, Robert J. Schul, with hundreds of counts of perjury and conspiracy to commit fraud. Maid of the Mist provides the boat service at Niagara Falls. Maid of the Mist filed a lawsuit against Alcatraz Media and William M. Windsor in August 2005 after Windsor made inquiries to Maid of the Mist’s landlord, the Niagara Parks Commission, about competing with Maid of the Mist. In the court filing, Windsor shows that 46 of the 50 paragraphs in that lawsuit, which were sworn under penalty of perjury by President Christopher Glynn, were false or incorrect. Windsor further shows that 44 of the 46 are proven false by the testimony of Glynn, Ruddy, Schul, or by documents. Sworn statements in a Verified Complaint must be absolutely true and within the personal knowledge of the person making the statements. According to the complaint, these statements were not true and were not the personal knowledge of Glynn. The complaint begins with this statement: “Three managers of Maid of the Mist are guilty of hundreds of counts of perjury and have committed a conspiracy to commit fraud. Christopher Glynn, Timothy P. Ruddy, and Robert J. Schul have lied repeatedly under oath and have conspired to commit fraud against Alcatraz Media and William M. Windsor. This proceeding began in August 2005 with a sworn Verified Complaint that consisted of perjured testimony by Christopher Glynn, President, of Maid of the Mist Corporation and Maid of the Mist Steamboat Company, Ltd. 46 of the 50 paragraphs were false or incorrect and/or not based upon the personal knowledge of Glynn as he swore. The lies, false sworn pleadings, false pleadings, and discovery abuse continued throughout this proceeding. This deprived the Defendants of any opportunity for a fair trial.” A sworn statement that Windsor filed with the complaint states: “Maid of the Mist and Maid’s Attorneys have established a pattern and practice of lies, multiple false sworn statements in multiple false sworn affidavits by multiple people, false sworn testimony at the Preliminary Injunction Hearing, in their depositions, and more. These were material false statements. The Plaintiffs fabricated the claim upon which they obtained a temporary restraining order and then a preliminary injunction. Attorneys have a duty to not knowingly advance a claim or defense that is unwarranted under existing law and knowingly making false statements of law or fact, and such prohibitions even more strongly apply to claims made in verified pleadings as in this case.” Windsor commented about the complaint: “I was shocked to learn that there is no law that will allow a party in a lawsuit to sue someone who commits perjury. In this case, I believe there are hundreds of counts of perjury. I was told I could do nothing about it since Judge Orinda D. Evans ignored it when I called it to her attention two years ago. I was advised that my only recourse was to go to the FBI and get them to investigate it and report to the U.S. Attorney General. I contacted the FBI several times, and they refused to investigate because there wasn’t over $1 million involved so it “wasn’t big enough” for their attention. I was then advised that my recourse was to contact the District Attorney, so I have now filed a complaint with the Niagara County District Attorney in New York as well as this Complaint in United States Federal Court in Atlanta. I hope a fair judge will look at what happened and be outraged. This should not be allowed to happen in America or Canada.” According to the complaint, Alcatraz Media entered into a contract with Maid of the Mist on March 3, 2005. Alcatraz honored all of the terms of the contract, but in July and August 2005, Maid of the Mist violated the terms of the contract by refusing to provide boat rides to over 800 Alcatraz Media customers – forcing these Alcatraz customers to pay Maid. Very upset with this violation of the contract and mistreatment of Alcatraz Media’s customers, Windsor contacted the Niagara Parks Commission on August 8, 2005 to inquire about bidding to compete with Maid of the Mist or replace Maid of the Mist. Windsor emailed, spoke with a woman at The NPC, and spoke with The NPC’s attorney, Marv Kriluck. Maid of the Mist was told about Windsor’s expression of interest to bid by their close friends at the Niagara Parks Commission. 17 days later, Christopher Glynn swore in an affidavit under penalty of perjury based upon his “personal knowledge” that Alcatraz Media and Windsor were guilty of theft, bribery, misrepresentation, and much more. Glynn made the sworn oath before a notary in Niagara County New York. The complaint shows that 46 of the 50 sworn paragraphs are false, and 44 of the statements have been proven false by the later testimony of Christopher Glynn and by the two other Maid managers, Timothy P. Ruddy, Vice-President of Marketing, and Robert J. Schul, Controller. The complaint cites the deposition testimony of Ruddy, Schul, and Glynn to prove the perjury. Then on August 29, 2005, Glynn signed another sworn statement when Maid of the Mist sued Alcatraz and Windsor. In that sworn statement, the complaint shows that Glynn gave false testimony another 46 times. The complaint says the lies began in late July 2005 when Maid of the Mist claimed it did not have a contract with Alcatraz Media. Carolyn Ballard Bazzo of Alcatraz Media and Windsor both testified that Sandra Carlson of Maid entered into the contract for the entire 2005 season on March 3, 3005. Maid of the Mist never produced Ms. Carlson to give testimony in the case. Glynn swore that Alcatraz Media and Windsor were committing the criminal act of theft by “stealing from customers.” In deposition testimony a year later, Glynn and Ruddy admitted this was not true. Windsor obtained an affidavit from an Alcatraz customer who Maid had claimed at one time was their proof of stealing, and she states that Alcatraz issued a refund to her when Maid refused to honor her Alcatraz-issued ticket, and she did not make a claim to Maid of the Mist that Alcatraz stole from her. Glynn swore that Maid began receiving complaints from its customers regarding the cost of Alcatraz Media’s and “Windsor’s” vouchers. Windsor never issued a voucher and was wrongly named in the lawsuit as was admitted by Ruddy. The alleged complaints appear to have been invented by Maid of the Mist in an attempt to justify their breach of contract, because Alcatraz attempted to reach every customer to obtain affidavits proving there were no complaints. Alcatraz obtained signed affidavits from over 600 customers that have been filed with this new complaint, and Maid of the Mist was unable to provide proof that even one customer complained. Glynn swore that Alcatraz misrepresented Maid’s retail ticket prices on its web site, but Alcatraz never showed Maid of the Mist’s prices on its site, just as none of the hundreds of companies that offer Maid of the Mist tickets, including the Niagara Parks Commission and New York State Parks, show Maid’s prices. Ruddy and Schul admitted under oath that Alcatraz was free to set its own rates. The information presented by Glynn in the lawsuit included letters from Sandra Carlson of Maid that made false accusations directed at Alcatraz Media. Glynn and Schul admitted that Carlson’s letters were false. Glynn swore that Maid received daily complaints from customers who purchased vouchers from Alcatraz and Windsor at prices higher than Maid’s retail ticket prices. Ruddy swore that there were over 100 complaints. Alcatraz attempted to reach every customer to obtain affidavits proving there were no complaints. Glynn swore that on August 8, 2005, Alcatraz and Windsor threatened Maid and tried to bribe Maid to sell the company.” Ruddy testified in his deposition that this claim by Glynn was false, that there was no bribe to attempt to get Maid to sell the company. Glynn swore that Alcatraz and Windsor scheduled reservation times when Maid did not allow reservations, and stated that prior dates were “sold out” when, in fact, Maid’s tours were not sold out. Schul and Ruddy admitted that these claims were false. Glynn swore that Alcatraz and Windsor used their web site to encourage Maid’s customers to file complaints with the Better Business Bureau. Ruddy admitted that this claim was false, and Glynn said he “didn’t know” when asked about it during his deposition. 15 months before, Glynn swore it was true based upon his personal knowledge. Glynn swore that Maid never billed Alcatraz for vouchers that were not honored. Alcatraz provided invoices from Maid and affidavits from Alcatraz customers to prove this was false. Glynn swore that “by threatening and stealing from Maid’s customers, Alcatraz and Windsor were damaging Maid’s reputation and goodwill.” Both Glynn and Ruddy admitted that Maid had no proof of stealing. Alcatraz had received many reports from customers that Maid had told Alcatraz’s customers that Alcatraz was an “Internet Scam.” Glynn swore in December 2005 that Maid was unaware of any discussions initiated by Maid or its employees that Alcatraz and Windsor were “dishonest, operate a scam, or are fraudulent.” Ruddy, Schul, and Glynn each gave testimony that this sworn statement by Glynn was false. Glynn then testified in his deposition in December 2006 that HE told Maid employees in August 2005 that Alcatraz was a scam. Alcatraz obtained statements from approximately 40 Alcatraz customers who reported various forms of disparagement from Maid’s employees, Vanik Aloian, James Lampman, Holly Drouin, and Rose Devereaux, including statements that Alcatraz was an Internet Scam. Maid’s ticket office supervisors were advising Alcatraz’s customers to contact New York Attorney General Elliott Spitzer to file complaints against Alcatraz. All the while, Maid was continuing to honor some Alcatraz customers, was sending invoices to Alcatraz, and was being paid by Alcatraz. Some scam. Alcatraz is the largest seller of tours and activities in the world with contracts with over 2,000 tour and activity suppliers. Alcatraz provides information or services to millions of customers each year. Alcatraz has contracts with over 100 companies in New York and Ontario, including Gray Line, Over the Falls Tours, Skylon Tower, and many others. Alcatraz began sending customers to Maid in 2004, and Alcatraz continues to do so today by offering 17 different Maid of the Mist tours, yet Maid’s employees were telling customers that Alcatraz was an Internet Scam. In March 2006, Glynn swore in a new affidavit that Alcatraz was selling Maid vouchers without authorization. Glynn, Ruddy, and Schul each later testified that the claims Glynn had made were false. The document used to fake this claim from an alleged customer proved to be something provided by a former Maid employee, daughter of long-time Maid manager, Jonathan Schultz, a close associate of Maid owner James V. Glynn. As justification to cause the federal court to issue a restraining order to stop Alcatraz from offering Maid of the Mist tickets to its millions of customers, Glynn swore that nine customers (the “Maid Nine”) did not purchase tickets on August 21, 2005 and provided proof of approximately $100 in damages for Maid. This information came from a Log produced by Maid. This Log lists the names of Gail Burgio, Robert Zastrow, Sharon Oestereich, and Ken Corson with the Comments notation “didn’t purchase tickets.” All of these are on the same page – the page with a date of August 21. Now what are the odds that out of 47 pages listing 250 customers representing over 800 tickets over a period of 80 days that there would be 4 customers who didn’t buy 9 adult tickets and all 4 came on the same day and went to the same ticketing area and spoke to the same ticket office employee? Alcatraz obtained sworn affidavits from each of these customers proving that they did purchase tickets. The claim of Glynn was false, and the Log was false. Ruddy swore in an affidavit that two other companies that operate similar to Alcatraz, Vacations Made Easy and Look Tours, had agreed to sell Maid tickets at the retail price charged by Maid. Glynn swore to the same thing in the courtroom in Atlanta. Alcatraz proved this to be false with documents that Maid concealed from Alcatraz and Windsor for close to a year. Ruddy ultimately admitted this. The perjury continued for years. According to the complaint, Maid of the Mist’s Glynn, Ruddy, and Schul made as many as 430 FALSE SWORN STATEMENTS or statements that Windsor believes are false, including: * Two (2) False Sworn Statement in Plaintiffs’ Response to Interrogatories sworn to by Christopher Glynn on December 28, 2005; * Eighteen (18) False Sworn Statements in the Sworn Affidavit of Christopher Glynn sworn to on March 14, 2006 in support of the Motion for Preliminary Injunction; * Thirty-Five (35) False Sworn Statements in the Testimony of Christopher Glynn at the Preliminary Injunction Hearing on April 11, 2006; * Forty-Six (46) False Sworn Statements in the Affidavit in support of the Complaint for Injunctive Relief signed by Christopher Glynn on August 25, 2005; * Forty-Six (46) False Sworn Statements in the Verification of the Complaint for Injunctive Relief signed August 26, 2005; * One (1) False Sworn Statement in the Sworn Affidavit of Timothy P. Ruddy sworn to by Timothy P. Ruddy on May 2, 2006. * One hundred thirty-nine (139) False Sworn Statements or Statements that the Defendants believe are false in the Testimony of Timothy P. Ruddy in his deposition on November 15, 2006; * Eighty-nine (89) False Sworn Statements or Statements that the Defendants believe are false in the Testimony of Christopher M. Glynn in his deposition on December 4, 2006; * Fifty-four (54) False Sworn Statements or Statements that the Defendants believe are false in the Testimony of Robert J. Schul in his deposition on December 5, 2006; That’s 236 for Christopher Glynn, 140 for Timothy P. Ruddy, and 54 for Robert J. Schul. The complaint lists every lie and provides documentation of the proof of the lies, usually using the testimony of Glynn, Ruddy, and Schul. The lawsuit is pending in the United States District Court for the Northern District of Georgia, Atlanta Division, case number 1:06-CV-0714-ODE in the matter of Maid of the Mist Corporation and Maid of the Mist Steamboat Company Limited vs. Alcatraz Media, LLC, Alcatraz Media, Inc, and William M. Windsor. Maid of the Mist’s attorneys have also been named as they were responsible for filing false sworn pleadings that included many of these lies. Mr. Carl Hugo Anderson of the firm of Hawkins & Parnell in Atlanta, and Mr. Marc Brown of the firm of Phillips Lytle in Buffalo, have been named. The documentation of the proof of the perjury seems overwhelming. Windsor is setting up a web site, www.MaidLawsuit.com so the entire complaint will be online for all to see with links to the proof.

INJUSTICE AND GLYNN’S NEW YORK LEASE

By Frank Parlato Jr. NIAGARA FALLS REPORTER

In a way you might say it exemplifies everything that’s wrong with NEW YORK state government.

The New York State Parks are having their budgets cut.

Some parks will have a shorter season in 2009, and more New York parks, including the Niagara Falls State park, will have reduced services because of the state’s financial woes.

But this will not affect Jimmy Glynn. Glynn goes on and on with his Maid of the Mist boat tours.

The highest taxed state can’t afford its parks, and, weirdly, Glynn doesn’t pay New York rent for his multimillion dollar monopoly in the Niagara Falls State park. He is supposed to pay rent, and on paper it is written he does pay 4 percent of the gross revenues his boat rides makes.

But, certain conditions written into his rather complicated lease actually make it a zero rent lease for an attraction that nets Glynn millions.

He got New York park officials to reduce his rent to zero in 2002 without telling the public or letting anyone one else who might pay more bid on the lease.

On the Canadian side, also, they secretly dropped his rent — starting next year — from 15 percent to well under 10 percent, a variable rate that goes down the more Glynn makes.

Much of his Canadian lease will see Glynn paying 5.5 percent.

On the Ontario side, however , there was a Niagara Parks commissioner by the name of Bob Gale — who broke ranks with his fellow commissioners when he saw the wild swindle of the public’s assets going on and he told the public.

It was a “dirty deal,” Gale said of reducing of Glynn’s rent, while secretly excluding others — who would have paid more, like Ripley Entertainment — from bidding.

Gale took the heat and the criticisms and the condemnations of his fellow board members. But he toughed it out.

This resulted in the Ontario Integrity Commission investigation and in its finding that this lease of Glynn’s better go back for a second look.

There is a chance now that on the Canadian side — with the bright glare of media focused upon them — Glynn may not get his rent reduced and the lease may be put to open, public bidding — which will undoubtedly raise the rent.

Glynn may lose the Canadian lease.

But there has been no Bob Gale on the American side.

On the New York side, the lease was more than merely lowered.

On the Canadian side, although they stupidly or corruptly lowered his rent, they at least got Glynn to pay something.

On the New York side, we get nothing for one of the most valuable public docks in the world and something that dozens of tour boat operators would almost certainly pay 20 percent or even 25 percent rent to operate.

What makes it so interesting is that what Glynn saves in rent would almost certainly make up the difference in the New York parks regional budget cuts.

Simple math will prove it.

Glynn’s rent on the NEW YORK side was reduced from 10 percent to 4 percent in 2002.

Delving deeper into the lease, we find that Glynn doesn’t really pay 4 percent. He pays no rent at all. In fact, the state pays him.

That’s because he gets to keep 75 percent of the revenue generated through admission fees to the park’s Observation Tower.

Millions pay $1 admission to go to the tower’s observation deck, or ride the elevators down to the bottom of the gorge where Glynn’s boats are and where, if they want, they can pay Glynn $13.50 to take his 15-minute no-frills boat tour.

Prior to the lease renewal, New York State kept 100 percent of the Observation deck fees. In 2002, it was mysteriously handed over to Glynn when certain park officials secretly renewed his lease.

None of this would have been known except for the Niagara Falls Reporter’s expose on the topic.

In 2008, Glynn’s tour-boat operation in the NEW YORK State park grossed him $6,393,000.ÊFees from the Observation Tower brought in another $1,124,000.

Last year, Glynn paid the state 4 percent on $6,393,000 in boat rides, or $255,720.

But he got to keep $843,000 from the observation deck.

So instead of paying rent, Glynn got a net check from the state of $586,300.

With the old lease, he would have paid 10 percent rent — or $639,300.

And the state would have kept the entire $1.124 million for the observation deck.

The state would have received $1,754,000 from the two valuable park attractions: the boats and the observation deck. Instead, it paid Glynn $586,300.

The swing or net loss to the people of New York between the old lease and the new was $2.34 million last year.

The park officials who secretly negotiated Glynn’s new lease — which reduced his rent from 10 percent to 4 percent and turned over the observation tower to him — must have known the deal was a poor one.

They changed a lease where the tenant paid the landlord to one where the landlord pays the tenant.

Usually you don’t make a deal like that — changing a guy’s lease from him payingÊyou toÊyou paying him without some incentive. Even dropping the rent from 10 percent to 4 percent was a bad deal — without giving Glynn the Observation Tower.

But somehow our stewards, our government officials at the state park secretly, decided that we, the public, the landlord, should pay our tenant — for one of the most valuable rentals in the world.

Pay him, plus let him run his boat tours rent-free at the world-famous Niagara Falls State park.

The 40-year free lease awarded to GlynnÊwas the longest ever in the history of the parks system here. That in itself tells a story.

The lease, if studied by experts, will not stand scrutiny in New York.

So far, only the Niagara Falls Reporter has reported on this. No other publication — no other citizen’s group or governmental agency — has yet evaluated the lease.

That day will come.

The lease is published on-line for all to see.

I have heard it on the streets — yes, Glynn got away with it.

You can’t blame him. We’d take it ourselves if we got a deal like that.

But how did it get to be offered?

If it were a fair deal, in the public interest, Glynn would have to compete for the privilege of operating boats in the people’s park for what is perhaps the greatest water attraction in the world.

The lease would go to the highest bidder.

Meanwhile, our regional state parks are faced with a $1.1 million budget reduction this year.

Mark W. Thomas, western district director for the Albany-based parks department, said the parks overall face a 15 percent reduction.

In New York, Glynn should have paid 15 percent rent at least.

Seasonal workers budgeting are down 9 percent.

Glynn pays 4 percent.

The Green Thumbs program that helped with landscaping and flower bed planting was phased out.

But Glynn got paid $844,000 to operate elevators to his own attraction.

Cutbacks in the number of park police officers have taken effect.

There will be reduced days and hours of operation for the Cave of the Winds, the Visitor Center, the Park Trolley and the Niagara Gorge Discovery Center at the Niagara Falls State Park.

Glynn doesn’t pay a New York rent for an attraction that makes him millions at the Niagara Falls State Park.

The park is losing millions and laying off the hard-working people who toil to maintain the park. More than 50 park employees were laid off and won’t be coming back this year.

There were other interested parties who would pay more than Glynn for the boat dock lease.

They weren’t allowed to bid on the lease; they were not even told about it.

As Glynn walks around the streets of Lewiston or Niagara Falls, sometimes he will no doubt see some of the people who got laid off at the parks and perhaps knowing them the great man will nod.

Silently. however. the rich man must be thinking — my wealth was at their expense.

Niagara Falls Reporter

www.niagarafallsreporter.com

April 28 2009

Next >

MAID OF THE MIST: Dispute to set sail again

May 03, 2009

By Mark Scheer
mark.scheer@niagara-gazette.com

The father of the owner of a Georgia-based ticket broker locked in a dispute over operation rights granted to the Maid of the Mist Corp. has asked a federal court to reopen an earlier case between the two companies.

William Windsor, whose son, Ryan, owns Alcatraz Media, Inc. of Atlanta, has filed a lawsuit in U.S. District Court for the Northern District of Georgia claiming he deserves another chance to argue his side of a case that resulted in his son’s company being barred from selling vouchers for boat tours at the base of Niagara Falls.

An attorney for Maid of the Mist called Windsor’s recent court motions an attempt to “turn back the clock” on a previously litigated matter that has already been closed.

“As it has done numerous times in the past three and a half years, Maid intends to yet again defend against Windsor’s unfounded and frivolous motions,” said Maid of the Mist attorney Marc Brown.

In his filing, Windsor maintains top Maid of the Mist executives committed several hundred counts of perjury and conspiracy to commit fraud in a 2005 lawsuit between the two companies. The filing singles out Maid of the Mist President Christopher Glynn, vice president of marketing, Timothy P. Ruddy and Controller, Robert J. Schul, alleging that they made false statements in connection with the case.

Windsor asserts that 46 of the 50 paragraphs in the original lawsuit were false or incorrect. Of those, he maintains that 44 paragraphs have been proven false by the subsequent testimony of Glynn, Ruddy, Schul, or through other documents.

Windsor also suggests that Maid of the Mist filed its lawsuit in response to inquiries made by him to the Niagara Parks Commission. Windsor has raised questions about the procedure for leasing rights granted to Maid of the Mist on both sides of the border and is now attempting to file a bid to operate the boat tours himself.

Windsor also said he has filed a formal complaint on the matter with the Niagara County District Attorney’s office.

“Maid of the Mist was not honest with us,” said Windsor during a telephone interview. “They were not honest with the court. They lied hundreds of times. I don’t think people should be able to get away with that.”

Revisiting the court case

Brown noted that Maid won the original suit and the findings of presiding Judge Orinda D. Evans were backed by the Court of Appeals. Court documents show Evans issued a permanent injunction against Windsor and Alcatraz Media. In her ruling, she deemed Alcatraz’s behavior as “clearly stubbornly litigious” and awarded Maid attorney fees and expenses totaling roughly $400,000. The Appeals Court dismissed all counterclaims filed by Windsor and Alcatraz Media as “meritless” and asserted only to cause “unnecessary financial hardship” on Maid.

Windsor maintains that Maid won its case based on “lies, false sworn pleadings, false pleadings, and discovery abuse.” He insists the original proceedings deprived his son’s company of the “opportunity for a fair trial.” He now says he wants a new one, with a different judge.

Windsor has also asked the District Court to disqualify Evans from future proceedings between the two companies, arguing that she showed preference to Maid of the Mist in her handling of the earlier case.

“I hope a fair judge will look at what happened and be outraged,” Windsor said.

Dispute stems from ticket sales

According to court documents, Maid of the Mist entered into an agreement to allow Alcatraz Media to sell vouchers for boat ride tickets in 2004. The records indicate that the relationship deteriorated during the 2005 season after Maid officials claimed they started receiving complaints from customers about the discrepancy in price between vouchers purchased through Alcatraz Media and the price charged at the Maid’s box office in Niagara Falls.

Maid of the Mist subsequently notified Alcatraz it would no longer honor the company’s vouchers beyond July 29, 2005. The lawsuit followed with Maid of the Mist contending Alcatraz Media continued to sell vouchers beyond that date. Windsor countered by saying Maid of the Mist violated the terms of the contract by refusing to provide boat rides to over 800 Alcatraz Media customers – forcing those customers to pay Maid.

A copy of the ruling in the 2005 infringement lawsuit shows Evans sided with Maid of the Mist on nearly all counts.

“The court finds that a permanent injunction is clearly appropriate in this case,” Evans wrote in her decision. “Windsor’s overly hostile e-mails and Alcatraz’s persistence in selling vouchers for Maid rides even after Maid informed Alcatraz it did not have authorization to do so indicate that Alcatraz would resume sale of Maid vouchers or e-tickets should the court lift its preliminary injunction on such sales. The court has no doubt as to Windsor’s desire to inflict harm on maid. Alcatraz’s sale of maid vouchers and e-tickets would have the same result now as it did before: Angry customers at Maid box office and irreparable injury to Maid’s reputation and goodwill.”

Warning signs

Excerpts from Evans’ ruling in the case show Windsor warned years ago of his intention to challenge Maid’s standing as the lone provider of boat tours near the base of Niagara Falls. The ruling includes part of an Aug. 12, 2005 e-mail in which Windsor told an attorney for Maid of the Mist that he had no intention of “ever” stopping the sale of tickets for boat tours, despite Maid’s legal claim that his son’s company had violated the conditions of a written agreement to sell ride vouchers.

“I, myself, am busily preparing a new Web site that will solely sell Maid of the Mist tickets,” Windsor wrote in the e-mail. “In addition, I personally, am applying to Niagara Parks Commission for a contract to operate a boat ride at Niagara Falls, and I will do everything in my power personally to see that Maid of the Mist loses the ability to operate at Niagara Falls or gets the competitor they so richly deserve.”

Windsor insists that his company entered into an oral agreement with a Maid of the Mist official that allowed Alcatraz Media to continue to sell vouchers for boat rides throughout the 2005 season, which is part of the reason for his requesting another trial. He said the judge in the earlier case sided with Maid of the Mist based almost entirely on the company’s assessment of the situation, which he now claims top executives supported with lies and false documents.

Sailing forward

Windsor said he intends to continue to push for openness in the bidding process for tour boat operations at the base of the Falls and is already in court in Canada in an attempt to do so. He filed complaints with the Ontario Integrity Commission alleging that the Niagara Parks Commission acted inappropriately in entering into a lease with Maid of the Mist Steamboat Co. in Canada. He also submitted written protests with the New York state Office of the State Comptroller Bureau of Contracts concerning the lease arrangement between Maid and New York State Parks on the American side.

“We are going to set the record straight and we are going to go as long and as far as we have to,” Windsor said.

The Ontario Integrity Commissioner cleared the chairman of the Parks Commission of wrongdoing in the Canadian lease renewal, but did suggest the commission should review its contract procedures.

Brown noted that the New York State Comptroller’s Office has already rejected Windsor’s complaints on the American side.

“There has been no finding of improper conduct by the government agencies or Maid regarding Maid’s lease as a result of Mr. Windsor’s complaint and protest,” Brown said.