Albany: Still Broken

The state legislature remained in session until around 4:30 am last night, passing a flurry of bills such as a Union-opposed Tier VI, a proposed Constitutional amendment to permit class III casino gaming on non-Indian lands (this requires a referendum which would come in November 2013 at the earliest), and – significantly – state legislative redistricting which led to a walkout by Senate Democrats

From this Jimmy Vielkind piece, here’s why Albany is broken – legislators are puppets, not independent representatives of their constituents. Anyone who resists becomes marginalized and ineffective, and will seek to depart Albany as soon as humanly possible. (Make comparisons to A-145 at your leisure). Speaking of the Tier VI plan for state employees, one Democratic Assemblyman said, 

“I don’t know if I’m in the tank,” one told me. “I’d like to vote no, but sometimes that’s not how it goes.”

So, it’s still broken this morning, as it was yesterday and as it will be tomorrow.  Redistricting? It was a broken and hyperpartisan process, especially as it applies to the Senate, which had the gall to add a 63rd seat to Albany County. Why

t is intended for Assemblyman George Amedore, R-Rotterdam, the wealthy head of an eponymous home-building company who, the hope is, will be able to finance his own campaign.

Earlier Wednesday, members of the Black, Puerto Rican, Hispanic and Asian Caucus condemned those lines as “an assault on the Voting Rights Act” because they fractured minority communities in Rochester and on Long Island,mirroring existing splits widely considered to be gerrymandering. (In the end, most of the Caucus’ 28 members in the Assembly supported the plan.)

Gov. Andrew Cuomo had promised to veto “any redistricting plan in 2012 that reflects partisan gerrymandering.” But he has reversed himself, laying the groundwork in recent months to accept somewhat stinky lines so long as they were accompanied by a constitutional amendment and statute that changes the process for the future. This will, laudibly, theoretically, produce a better process — in a decade. The problem is it wasn’t a clean trade in the eyes of some, including Senate Democrats, and good-government groups split on the agreed-to proposal.

Dealmaking is all part of politics, but it shouldn’t be at the expense of the people to benefit elected officials. We get 10 more years of gerrymandered incumbent protection in exchange for reform in 2022. Kicking the ball ever-further down the road. 

The Daily News’ Bill Hammond put it thusly: 

The only real procedural difference from the status quo is that sitting legislators would not directly draw the lines — although their children and business partners would be eligible — and that minority parties would have somewhat more say.

Still, incumbent politicians would rule the roost — and could all too easily gang up against voters for their mutual benefit.

Also, the amendment fails to require that all districts be roughly the same size — a necessity for upholding the principle of one person, one vote.

As things work now, Senate Republicans deliberately underpopulate districts in Republicans areas upstate while overpopulating them in Democrat-heavy New York City — thus giving the GOP a disproportionate share of seats. Democrats do much the same in the Assembly.

The amendment would let that obvious abuse continue, demanding only that mapmakers explain themselves in writing.

The proposal also missed the chance to repeal an arcane and archaic clause that calls for periodically adding new Senate seats — which Republicans have repeatedly exploited for partisan advantage…

…But the final straw is the maps voters would be saddled with for the next decade. Prodded by Cuomo to make their lines “less hyperpartisan,” the Legislature put out revised maps yesterday that failed to meet even that rock-bottom standard.

You still had grotesque shapes like the 29th Senate District, which stretches from the South Bronx, through Harlem and across Central Park to Manhattan’s West Side — and looks something like the Starship Enterprise.

And you still had gross population disparities, with most upstate Senate district nearly 5% below the average and downstate districts 3% or 4% on the plus side.

To be sure, this deal — lousy as it is — may be the last chance for gerrymandering reform of any kind for generations to come. Good-government groups are bitterly divided over whether the deal is worth taking — with the Citizens Union and the League of Women Voters in support, and Common Cause and the New York Public Interest Research Group coming down against.

It’s sad to see well-intentioned people take shots at one another when the real villain is the reform-allergic Legislature.

Still, the opponents are right. Cuomo cannot sign this mess — not when his veto would throw redistricting into the courts. Not when those courts have already shown — in drawing congressional maps for lack of a plan from the Legislature — that they can do a far better and fairer job than lawmakers ever will.

In case you were wondering, Albany is still broken, and it’s still a cesspool of self-interest and dirty dealing. I expected better from Mario’s kid. 

Explore 'n More Should Be At Canalside

When Chris Ostrander sharply criticizes the placemaking fraud that has has supplanted top-down planning with a bottom-up feelings-based lack of planning, he is exactly correct. Deck chairs, hot dog shacks, and happy feelings aren’t going to organically develop the inner harbor, and I’ve written before that all we’ve done is nominally exchange a political/business elite planning scheme for a cultural elite planning scheme. 

 I disagree, however, with Ostrander’s criticism of the proposed Children’s Museum. Such a museum will involve an outlay of public money for construction, and likely will be operated by a well-respected current operator of a children’s museum facility – Explore and More – that is in deep need of a new facility. Ostrander writes: 

I’m condemning the thought of trading the space previously reserved for Bass Pro for a children’s museum. My problem with Bass Pro was that the store wouldn’t capture an entire audience nor cohesively bring the neighborhood together. Now the approach is to use the plan with the least amount of risk. Literally. This plan is being adopted because there is little, to no risk involved. Instead of taking a major step and hitting a home run, Buffalo will be forced to accept a sacrifice bunt, just to advance the runners.

Ostrander misapprehends the size and scope of the Children’s Museum, and what is to happen with the Aud Block and the “space previously reserved for Bass Pro”. 

Regardless of the solar carousel vs. Bass Pro argument, Canalside needs to be a 4-seasons, all-ages place to go. I’m not a fan of the whole “story of Buffalo” programming BS that’s suffused the whole project, but Ostrander is misstating the extent of the Children’s Museum in his piece. 

The image above is a rendering of the current plan for the Aud Block; it isn’t going to be replaced with another huge building fitting its footprint.  What was once the Aud will be chopped up into smaller parcels, footpaths, and canal-shaped reflecting pools. The Children’s Museum – pretty much the only cultural programming at Canalside that I think isn’t a horrible joke – will only take up a small portion of that location, and that’s ok. 

Turning the “story of Buffalo” into a 4D motion ride and costumed people strolling around what should be a shopping & entertainment district is what deserves criticism. Moving Explore ‘n More to the Inner Harbor is one of the better ideas to have come from all of this idiotic turmoil. 

 

Explore ‘n More Should Be At Canalside

When Chris Ostrander sharply criticizes the placemaking fraud that has has supplanted top-down planning with a bottom-up feelings-based lack of planning, he is exactly correct. Deck chairs, hot dog shacks, and happy feelings aren’t going to organically develop the inner harbor, and I’ve written before that all we’ve done is nominally exchange a political/business elite planning scheme for a cultural elite planning scheme. 

 I disagree, however, with Ostrander’s criticism of the proposed Children’s Museum. Such a museum will involve an outlay of public money for construction, and likely will be operated by a well-respected current operator of a children’s museum facility – Explore and More – that is in deep need of a new facility. Ostrander writes: 

I’m condemning the thought of trading the space previously reserved for Bass Pro for a children’s museum. My problem with Bass Pro was that the store wouldn’t capture an entire audience nor cohesively bring the neighborhood together. Now the approach is to use the plan with the least amount of risk. Literally. This plan is being adopted because there is little, to no risk involved. Instead of taking a major step and hitting a home run, Buffalo will be forced to accept a sacrifice bunt, just to advance the runners.

Ostrander misapprehends the size and scope of the Children’s Museum, and what is to happen with the Aud Block and the “space previously reserved for Bass Pro”. 

Regardless of the solar carousel vs. Bass Pro argument, Canalside needs to be a 4-seasons, all-ages place to go. I’m not a fan of the whole “story of Buffalo” programming BS that’s suffused the whole project, but Ostrander is misstating the extent of the Children’s Museum in his piece. 

The image above is a rendering of the current plan for the Aud Block; it isn’t going to be replaced with another huge building fitting its footprint.  What was once the Aud will be chopped up into smaller parcels, footpaths, and canal-shaped reflecting pools. The Children’s Museum – pretty much the only cultural programming at Canalside that I think isn’t a horrible joke – will only take up a small portion of that location, and that’s ok. 

Turning the “story of Buffalo” into a 4D motion ride and costumed people strolling around what should be a shopping & entertainment district is what deserves criticism. Moving Explore ‘n More to the Inner Harbor is one of the better ideas to have come from all of this idiotic turmoil. 

 

//

Who's Ahead?

The sole debate between former Higgins staffer Chris Fahey and Common Councilman Mickey Kearns took place yesterday in the Buffalo News’ newsroom. The two were questioned by veteran reporters Bob McCarthy and Brian Meyer, but the vast majority of the questions surrounded horse race crap. Why is Kearns running as a Republican? Fahey is Silver’s puppet! Kearns is Paladino’s puppet! Kearns has kids! By the way, did you know he has a wife and kids? Downstate Interests! Republicans! Sheldon Silver! 

Incidentally, a Democrat running as a Republican whose sole platform plank involves not voting for Sheldon Silver as Assembly Speaker is utterly useless. Seriously, if elected to the Assembly, Kearns will be able to hone his Sudoku skills and little else. (This is why we need a nonpartisan, unicameral legislature and a completely new Albany political structure, but that’s something for another time.)

Horse race inside baseball who’s up, who’s down crap is McCarthy’s specialty. He doesn’t seem to understand or care that the horse race is just the path to attaining and exercising some sort of political power. 

Discussion of actual issues was almost non-existent. The handful of people who watched this mid-day screw-you-no-SCREW-YOU brawl learned almost nothing about the candidates’ positions or platforms. 

This state has some problems. This region has some problems. What are your priorities to fix some of them, or at least ease them? Maybe next time someone ask that. 

Who’s Ahead?

The sole debate between former Higgins staffer Chris Fahey and Common Councilman Mickey Kearns took place yesterday in the Buffalo News’ newsroom. The two were questioned by veteran reporters Bob McCarthy and Brian Meyer, but the vast majority of the questions surrounded horse race crap. Why is Kearns running as a Republican? Fahey is Silver’s puppet! Kearns is Paladino’s puppet! Kearns has kids! By the way, did you know he has a wife and kids? Downstate Interests! Republicans! Sheldon Silver! 

Incidentally, a Democrat running as a Republican whose sole platform plank involves not voting for Sheldon Silver as Assembly Speaker is utterly useless. Seriously, if elected to the Assembly, Kearns will be able to hone his Sudoku skills and little else. (This is why we need a nonpartisan, unicameral legislature and a completely new Albany political structure, but that’s something for another time.)

Horse race inside baseball who’s up, who’s down crap is McCarthy’s specialty. He doesn’t seem to understand or care that the horse race is just the path to attaining and exercising some sort of political power. 

Discussion of actual issues was almost non-existent. The handful of people who watched this mid-day screw-you-no-SCREW-YOU brawl learned almost nothing about the candidates’ positions or platforms. 

This state has some problems. This region has some problems. What are your priorities to fix some of them, or at least ease them? Maybe next time someone ask that. 

Sophistic Jaundice Tuesday

1. I know HBO’s adaptation of Game Change is a dramatization of one side of one story, but if there’s even a smidgen of truth to any of it, thinking people who live in our Republic need to work together – multipartisanly – to ensure that former Alaska Governor Sarah Palin is never elected to anything ever again. I don’t just mean some national position – I’m saying that her particular mixture of proud ignorance and narcissism is downright dangerous, and she doesn’t deserve election even to a homeowner’s association.

2. Interesting that the Oishei Foundation, which was set up with Trico money, isn’t knee-jerkedly joining the keep it crowd when it comes to the Trico building that the Buffalo Niagara Medical Campus wants to demolish to make way for something as yet unannounced. There’s now a “save Trico” blog, and it has reposted something from Derek Punaro in which he analyzes what he perceives to be the arguments against preserving the dormant factory. My response to him was this:

You omitted the part about landowners having a qualified right to do what they want with the property they own.

You’re right about most of your points, but so what? Trico is gone, and hell, if you try hard enough you can come up with an historic rationale to save any building, anywhere, at any time. I’ll bet you if someone came up with a reasonable, funded plan to replace the execrable Buffalo City Court building, there’d be opposition to it. And if there wasn’t, I’d do so ironically.

A quick scan of the BNMC plan shows that the surface parking lots surrounding the Trico are already slated for development, and expansion of the campus.

So, if tomorrow the BNMC held a press conference revealing what it wanted to build on the Trico plant site, that it wanted to build it as soon as practicable after demolition, and that the funding for it was in place, you’d withdraw your opposition?

Because the question isn’t really whether Trico COULD be used as a modern medical research facility – the question is whether BNMC wants to use it as such – whether its layout comports with the way in which BNMC wants its people to work, and whether it’s economically or environmentally feasible or desirable to do so.

Just because Zemsky re-did the Larkin doesn’t mean every factory and warehouse facility that happens to be old and harken back to a long-gone industry needs to be preserved. What I tweeted yesterday was,

The Trico Building is a monument to nostalgia & the industrial abandonment of Buffalo. Hold @BNMC to a high standard, but let them build.

I stand by that statement.

Derek and I aren’t going to agree on this, and that’s ok. He’ll advocate for its preservation, and I’ll hope someone rips it the hell down and builds something new as soon as possible. To me, it’s time for the next generation of Tricos and Larkins to make their architectural mark on the city, and the BNMC has built a couple of badass new buildings lately. Knee-jerkedly keeping every old building for the sake of its oldness and some trumped-up “significance” is just tiresome.

But then local expert-at-everything Chuck Banas left a comment that began thusly:

Mr. Punaro has written an excellent deconstruction of the issue. It is no surprise, nonetheless, that Mr. Bendenko’s mindless contrarianism is on full display here. Indeed, his comments display the lack of creativity and vision — as well as the cynicism — that we’ve come to expect.

But Bedenko’s train of logic really derails when he states that Mr. Punaro is correct about most (if not all) of his points, and then glibly says, “so what?” Even a cursory interpretation of Punaro’s individual arguments reveals them to be germane and immensely relevant. The Trico buildings are exactly the type of structures that successful, progrssive cities preserve and repurpose. These are precisely the type of industrial buildings that can be reused easily and inexpensively.

The real rub, however, is not Bedenko’s sophistic argument, but that his jaundice has apparently blinded him to the obvious problems with the BNMC’s behavior. And the problems are surely obvious:

I’m pretty sure my comment was somewhat critical of the BNMC for not being as transparent as some might like. I’m also pretty sure that my comment to Derek was respectful and didn’t call him an asshole. So, I’m puzzled as to why everyone’s favorite development/architectural busybody found the need to describe me and my position as “mindless contrarianism” and deceitfully hostile.

Also, the preservationists should make up their minds over the “significance” and “BNMC isn’t playing nice” arguments. Of course, there’s nothing short of reusing that building that the BNMC could do to satisfy the preservationists, so the former argument is probably more persuasive.

Well, my argument with Derek was none of those things, and if your position is to just call me names, mischaracterize my position, and then simply re-state what Derek has already written, then you ought to piss off.

I really dislike the Trico building. I think it’s downright ugly. An eyesore that stands as a stark reminder of how far down the city has gone. Over the last decade, it’s been nothing but a headstone for a business that’s abandoned Buffalo and her people – a business that’s still making a profit, making wipers in Matamoros, paying Mexican workers pennies per day, taking away factory jobs from the working class in Buffalo – a working class that’s finding it ever-tougher to get a job in this area, which leads to poverty and flight.

I don’t care if it’s got skylights and other fin de siecle anachronistic “features”. I don’t care if its brown paint is distinctive or if its lead paint dust or asbestos are architecturally significant. It’s a monument to loss and failure, and I’ll bet if someone wanted to build an exact replica of it today somewhere, the same people clamoring for its preservation would be screaming and yelling about how ugly and out-of-place it is for that part of town.

3. Victims of child abuse at the hands of a disgraced Syracuse coach are lobbying Albany for a change to the statute of limitations for lawsuits arising out of that abuse. People often stay silent as a result of such abuse, and live a life of shame and silence. Astonishing, isn’t it, that the major opponent to this change in the law is the Catholic Conference.

Similar bills passed in the Assembly in years past but never reached the Senate floor, because the Catholic Conference is against it. Church officials said they don’t oppose the Statue of Limitations increase, rather, the one-year window.

“Just the whole concept of going back 50, 60, 70 years and bringing old lawsuits against teachers, priests, whoever the accused is, and have the institutions try and defend themselves, is just contrary to justice,” A Representative for the Catholic Conference said.

Aside from that being an inaccurate description of the proposed law, it’s astonishing exactly who‘s piping up to oppose a rather simple change in the law to enable child sex abuse victims to get their day in court.  A Cardinal, of all people

Fix the Fundamentals

A Buffalo News story reveals one of the main reasons why the city of Buffalo bleeds people – it’s the schools, stupid.

That’s not to say other school districts are some sort of paradise, but the experiences the families in that article are neither new nor reasonable. On the one hand, you have parents who agonize over completing an application process and receiving snail mail regarding whether their kids will attend a particular school, and on the other hand you have parents who are ambivalent enough about school that their kids have half a school year’s worth of unexcused absences

The dysfunction of the Buffalo school system, and the tea party push to defund education nationwide couldn’t be more disheartening or damaging.  When compared to the rest of the world, we’re average – not the best. Time was, that’d have been unacceptable. Budget cuts, larger class sizes, and eliminating curricula isn’t going to change that.  

The school system shouldn’t be a 50’s era byzantine bureaucratic disaster, and the categorization of failing and not failing schools doesn’t do a damn thing for everyone. Every school should do well, and every kid deserves a chance – even if their parents don’t care

In an ideal world, Erie County would have a consolidated and unified school district, pooling resources from all communities to ensure an efficient path to an excellent education – if regionalism works for other government services (which I think it does), it works for schools, too. That doesn’t mean a kid from Springville will be bused to Tonawanda, but it does mean you don’t have as many labor contracts and administrative entities as you do municipal entities. This means you can do more with a larger revenue pool.  Every kid in WNY deserves the same shot at a bright future. 

Outrageous Outrage 2: Lloyd's Taco Truck

A couple of weeks ago, Lloyd’s Taco Truck began a Kickstarter program in order to raise enough money to make a down payment on a second truck. They have just under 20 days to go, and are about 1/2 the way there. 

But people have denigrated Lloyd for seeking a “handout”, and expressing disapproval over a for-profit company “begging” for money from people without, e.g., offering a share in the business. 

So, here’s a fact-check. 

1. If you don’t want to participate in the Kickstarter, you don’t have to. No one’s making you. 

2. Kickstarter was created precisely so that for-profit entities can raise funding that they can’t come up with themselves, and can’t get a traditional loan for, so that the path from idea to reality is made easier. 

3. If you click on the prominent link at the top of the Kickstarter page, you discover this self-explanatory text: 

Kickstarter is the world’s largest funding platform for creative projects. Every week, tens of thousands of amazing people pledge millions of dollars to projects from the worlds of music, film, art, technology, design, food, publishing and other creative fields.

A new form of commerce and patronage. This is not about investment or lending. Project creators keep 100% ownership and control over their work. Instead, they offer products and experiences that are unique to each project.

All or nothing funding. On Kickstarter, a project must reach its funding goal before time runs out or no money changes hands. Why? It protects everyone involved. Creators aren’t expected to develop their project without necessary funds, and it allows anyone to test concepts without risk.

Each and every project is the independent creation of someone like you. Projects are big and small, serious and whimsical, traditional and experimental. They’re inspiring, entertaining and unbelievably diverse. We hope you agree… Welcome to Kickstarter!

4. So, it’s specifically for creative projects, including food projects, is completely voluntary, and frankly will enable a very good, very popular local food business to expand by one truck and better serve customers. 

5. If you think Lloyd’s has made a lot of money in its first year, what with legal wrangling over city permitting, limited locations to set up, crappy weather during the winter of ’10 – ’11, and occasional truck problems, you’re wrong. It’s a tough slog, and no one’s getting rich. They need twelve grand to buy a new truck and expand – if you like tacos, you may choose to give them money and get a thank you gift in exchange – it’s win-win, as Lloyd’s gets to go more places, and you get to eat more Lloyd’s.  

6. Thousands of for-profit projects exist on Kickstarter, all of which can be subjected to the same criticism as Lloyds, yet there they are.  I mean, do you need a device that will remotely print stuff people tag on Instagram? Probably not,  but if you’d like one, or like to see one on the market, here you go. $100,000 worth of people have donated. 

7. Everyone just relax. It’s a taco truck. I’m a fan, and I’ve participated in the Kickstarter because I’d like there to be another one to patronize. Because the Lloyd’s guys are friends of mine, their food is good, and they’re pioneers of sorts. Other people have pledged money for their own reasons. If you don’t think it’s fair or right, then don’t participate. What I don’t understand is the outrage and, frankly, hatred I’ve seen in many online comments about this program. Even here at Artvoice, the weekly arrow up/arrow down roundup gave Lloyd’s an arrow down because they have the nerve to use an online funding service in exactly the way it’s intended to be used in order to ask fans for money they can’t raise any other way, at least not now. 

8. Lloyd’s isn’t the first local for-profit food-based business to use Kickstarter to help fund its growth and expansion, yet it’s the first to get a barrage of criticism. 

Outrageous Outrage 2: Lloyd’s Taco Truck

[kickstarter url=http://www.kickstarter.com/projects/whereslloyd/lloyd-taco-truck-mission-lloyd-dos width=220]

A couple of weeks ago, Lloyd’s Taco Truck began a Kickstarter program in order to raise enough money to make a down payment on a second truck. They have just under 20 days to go, and are about 1/2 the way there. 

But people have denigrated Lloyd for seeking a “handout”, and expressing disapproval over a for-profit company “begging” for money from people without, e.g., offering a share in the business. 

So, here’s a fact-check. 

1. If you don’t want to participate in the Kickstarter, you don’t have to. No one’s making you. 

2. Kickstarter was created precisely so that for-profit entities can raise funding that they can’t come up with themselves, and can’t get a traditional loan for, so that the path from idea to reality is made easier. 

3. If you click on the prominent link at the top of the Kickstarter page, you discover this self-explanatory text: 

Kickstarter is the world’s largest funding platform for creative projects. Every week, tens of thousands of amazing people pledge millions of dollars to projects from the worlds of music, film, art, technology, design, food, publishing and other creative fields.

A new form of commerce and patronage. This is not about investment or lending. Project creators keep 100% ownership and control over their work. Instead, they offer products and experiences that are unique to each project.

All or nothing funding. On Kickstarter, a project must reach its funding goal before time runs out or no money changes hands. Why? It protects everyone involved. Creators aren’t expected to develop their project without necessary funds, and it allows anyone to test concepts without risk.

Each and every project is the independent creation of someone like you. Projects are big and small, serious and whimsical, traditional and experimental. They’re inspiring, entertaining and unbelievably diverse. We hope you agree… Welcome to Kickstarter!

4. So, it’s specifically for creative projects, including food projects, is completely voluntary, and frankly will enable a very good, very popular local food business to expand by one truck and better serve customers. 

5. If you think Lloyd’s has made a lot of money in its first year, what with legal wrangling over city permitting, limited locations to set up, crappy weather during the winter of ’10 – ’11, and occasional truck problems, you’re wrong. It’s a tough slog, and no one’s getting rich. They need twelve grand to buy a new truck and expand – if you like tacos, you may choose to give them money and get a thank you gift in exchange – it’s win-win, as Lloyd’s gets to go more places, and you get to eat more Lloyd’s.  

6. Thousands of for-profit projects exist on Kickstarter, all of which can be subjected to the same criticism as Lloyds, yet there they are.  I mean, do you need a device that will remotely print stuff people tag on Instagram? Probably not,  but if you’d like one, or like to see one on the market, here you go. $100,000 worth of people have donated. 

7. Everyone just relax. It’s a taco truck. I’m a fan, and I’ve participated in the Kickstarter because I’d like there to be another one to patronize. Because the Lloyd’s guys are friends of mine, their food is good, and they’re pioneers of sorts. Other people have pledged money for their own reasons. If you don’t think it’s fair or right, then don’t participate. What I don’t understand is the outrage and, frankly, hatred I’ve seen in many online comments about this program. Even here at Artvoice, the weekly arrow up/arrow down roundup gave Lloyd’s an arrow down because they have the nerve to use an online funding service in exactly the way it’s intended to be used in order to ask fans for money they can’t raise any other way, at least not now. 

8. Lloyd’s isn’t the first local for-profit food-based business to use Kickstarter to help fund its growth and expansion, yet it’s the first to get a barrage of criticism. 

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