Picking One’s Battles: Part 2 – the Jacobs Plan

The following is a guest post from Stephanie Perry, a fellow BU alumna, a former writer for the Daily Free Press, seen on Twitter at @stephperry. Last week, She began Tweeting about this topic and I asked if she would write something up for Artvoice. 

Stormy over Buffalo Central Terminal

Stormy over Buffalo Central Terminal by Daniel Novak at Flickr

Six months ago, a curious manifesto appeared on Buffalo Rising. This “concept proposal” was sweeping and ambitious, but hardly in the right ways. The writer proposed the mass relocation of Buffalo’s police and fire departments’ headquarters and of the region’s blue chip nonprofit service organizations to the worn but charming public market in the East Side’s  Broadway-Fillmore neighborhood. Into the desirable mansions and buildings vacated by these public and charitable entities would go loft apartments and boutique hotels. Rich people would live in these nice properties while organizations that help disadvantaged people, many of whom are minorities, such as the International Institute, Child and Family Services and the United Way, would be sequestered in a distressed and racially segregated neighborhood that’s not easily accessible to the citywide population.

Private developers would make a killing on these new apartments and condos and return a bit under $800,000 annually to the city and county tax bases so that the city and county might provide services to the public, such as centrally located and publicly accessible police and fire departments, except not that anymore. Never mind that the city budget alone totals $1.4 billion. This is a plan to help the community help rich people help the community.

It would be nearly impossible to propose a more transparently self-serving plan to redistribute real property wealth to developers while simultaneously displacing organizations that have tirelessly served the community and maintained the architectural heritage of the Delaware District for decades. Plus, the short-sighted proposal is stock full of faulty assumptions about urban planning, crime and private property rights. Furthermore, the author’s inappropriate use of first-person perspective, sentence fragments and the conspicuous absence of facts together evoked the tone of a hastily composed high school civics project. I wondered who produced such an implausible, socially irresponsible and poorly written report. Was this the homework of some Rich Kid of Instagram?

The article’s byline was simply “Chris Jacobs,” the author bio at the bottom of the webpage blank. Chris Jacobs the county clerk? Chris Jacobs, whose erratic political resume suggests his most cherished platform is Keeping Chris Jacobs In Office? Chris Jacobs, nephew of the 185th richest person in America?  The odd placement of this brazen but amateur civic proposal on a website mostly dedicated to critiquing storefront aesthetics and hip restaurants suddenly made sense. A very wealthy man of great self-appointed importance had an idea, and this narrative was almost inevitable. It is an election year for the county clerk. The idea was out there and it was only a matter of time before everyone was forced to respond to it. I set a Google news alert for key terms from the proposal and went about my life for half a year.

Finally, last Friday, it happened. Chris Jacobs’s poorly considered vanity proposal complete with professionally commissioned architectural renderings, landed on Page One of The Buffalo News.  The only appropriate answer to the plan that imperils the stability of Delaware Avenue and downtown while disrespecting the work and property rights of nonprofit service organizations is “Thanks but no thanks,” and I find myself empathically supportive of the city’s reaction, as reported by the News, that “at this time the city has no plans” to act.

The article hints at the implausibility of the proposal —

Convince the city to move Police Headquarters to the East Side. Then do the same with the Fire Department.

Next, persuade the many nonprofits that occupy Buffalo’s grandest mansions along Delaware Avenue to pick up and move east, too.

Then sell the old headquarters and the mansions.

— but ultimately validates it more than any amount of billionaire blustering could. The article is predicated on the notion that the Jacobs proposal is worthy of consideration, which it is not, and that City Hall has an obligation to respond to and engage with him on the matter, which it also does not. As originally posted, the article lacked a link to the sloppy proposal Jacobs has been promoting and provided no assessment of its production quality. The News failed to ask Jacobs why he omitted from his list of nonprofit buildings best converted to private residences the UB Foundation-owned mansion that bears his family’s name.

The result is that Jacobs, who is peddling a steaming pile of bullshit, positions himself as a bipartisan populist concerned about the economic recovery of the East Side, while the mayor is an obstructionist, do-nothing fool. Few better narratives exist for campaign literature. (Imagine the flyer reading “Jacobs: Bold plan to boost East Side; City: ‘No plans to do that.’”) The Democratic challenger for county clerk has made an appropriate statement categorically rejecting Jacobs’s proposal. That anyone even needs to engage with this proposal is a travesty. 

What makes it difficult to refuse to engage with Jacobs’s plan is that it presents explicit goals that are worthwhile to pursue: Yes, revitalizing distressed neighborhoods should be a civic goal. Yes, the East Side’s many neighborhoods deserve more attention from the county and city. Yes, grappling with the fact that an enormous portion of the property in Buffalo — particularly hospitals, churches, colleges, museums, schools, nonprofit foundations, even Buffalo Urban Renewal Agency-owned First Niagara Arena — is not taxable is a worthwhile endeavor. However, Jacobs’s plan is a poor one to achieve these worthy goals.

First, Jacobs claims that the strength of the downtown, Elmwood Village and Medical Campus Corridor real estate markets requires mansions and prime-location properties to be put “back in private hands and back on the tax rolls.” Aside from the fact that the claim that valuable real estate must belong to private investors is patently false, (how would any public agency exist in Manhattan were this the case?) the stability of downtown is hardly a foregone conclusion. One Seneca Tower competes with ubiquitous downtown parking lots for the title of most conspicuous under-utilized space in Buffalo. As many people have pointed out, nothing currently prevents private developers from making offers to nonprofits owning buildings they desire. For the right price, a move might be negotiated.

Jacobs’s list of nonprofits ripe for relocation is glaringly classist in its aims. The Red Cross, United Way, International Institute, Child and Family Services, Salvation Army, EPIC and the Catholic Center have strong commitments to aiding poor people. The real estate assets of at least some of these groups bolster their outreach and fundraising capabilities. The strongest example of this may the Buffalo branch of the American Red Cross, an organization that received its mansion at Delaware Avenue and Summer Street specifically as a philanthropic bequest from Carolyn Tripp Clement. Tours of the home not only raise money for the Red Cross but also make the beautiful structure publicly accessible. The Red Cross’s most significant fundraiser, the Mash Bash, takes place on the grounds of the mansion, without which the Red Cross would be unable to raise more than $352,000 in a single night

The implicit goal of Jacobs’s proposal becomes clear when one considers what non-taxed entities with very fine real estate are omitted from his plan: Nardin Academy, Canisius High School, the Ronald McDonald House, the Jacobs Executive Development Center, Gilda’s Club, the County Clerk’s Office itself. Downtown, Elmwood and the Medical Corridor are too nice for poor people, according to Jacobs’s vision. Jacobs euphemistically says relocating service organizations to the Broadway Market would put those groups helping poor people “in closer proximity to those they serve.” In reality, the Broadway Market is less accessible than Delaware Avenue via public transportation for all but those in its immediate neighborhood.

Jacobs’s understanding of crime is fundamentally flawed but central to his proposal. While more densely populated urban neighborhoods generally are safer than those blighted with vacant properties and fewer residents, that busy areas guarantee public safety is oversimplified and confuses cause and effect. “More activity, more people, and more police would make this area begin to feel and to become safer. If people feel safe, many great things begin to happen, such as more people wanting to live in that community,” he claims. Public safety is a necessary condition for growth but no promise of it. And increased public safety itself is by no means a guaranteed outcome of having a police administration building in a neighborhood. Surveillance and safety are hardly synonymous despite the faulty claim that “not just the perception of more eyes on the neighborhood but the reality of more eyes on the neighborhood” will lead to increased safety. The origins of concentrated violence and crime in poor urban neighborhoods are far too complex to be solved by an eight-page development proposal.

The problems of Buffalo’s neighborhoods east of Main Street likewise are too complicated to be summed up by a poorly deployed Yogi Berra quote: “No one goes their anymore. It’s too crowded.” [There/their usage error from original document.] Jacobs refers to the East Side again and again as a monolith even though his proposal affects only one neighborhood, Broadway-Fillmore. His rhetorical questions, “How can we jump start a significant amount of activity? How can we infuse hundreds of people into the East Side in short order?” arrogantly imply hundreds of people do not already live on the East Side. In fact, tens of thousands do. 

Jacobs wraps up his barely coherent proposal by admitting that maybe it’s not very good and, well, do you have a better one, Mr. Mayor? 

After a more detailed analysis, some of these suggested moves may not be feasible, but then many other non-profit/governmental entities exist that were not mentioned here that likely could move. Additionally, locations other than the Broadway Market may be suggested and they absolutely should be considered. The public and non-profit sector should convene to discuss this proposal, perhaps convened by the Mayor of Buffalo.

If it seems like Jacobs does not care to express a coherent plan aware of the city’s long history of poverty and segregation and sensitive to the needs of organizations that benefit the community while simultaneously benefiting private investors, it’s because he really does not care. If Jacobs’s never-going-to-happen proposal has the effect of making Buffalo developers a little wealthier, that would be incidental to what may be the true aim of his plan. The plan’s main purpose is to give Chris Jacobs a talking point and to put the city, the county and his political opponents in the difficult position of saying they reject his plan that has such apparently worthy goals.

It is certainly newsworthy that the holder of a countywide elected office is talking up a ridiculous, low-quality, ill-considered plan to anyone who will listen. The newsworthiness is not in the ideas of the plan itself, burnished by the competent writing skills of a professional reporter. What should be news is the amateurism of plan, which is readily pointed out by the UB School of Architecture and Planning dean interviewed by the News. Unfortunately, too much of the News article is dedicated to drumming up support, creating an impression of false balance, where in fact there is a rather clear judgment to be made on the quality and thoughtfulness of the proposal.

We can and should stop the spread of Chris Jacobs’s terrible proposal for upending public and charitable organizations in the service of making developers wealthier right now. The plan is not worthy of critical analysis, serious consideration or any more printer’s ink. To not offer an immediate counterproposal with fancy renderings does not invalidate the rejection of the plan. I don’t want anymore Google news alerts about “Chris+Jacobs Broadway+Market,” and the people and organizations affected by that monstrosity of a plan deserve more than to be afterthoughts in a mad grab for land and political power by a very wealthy white man.

Picking One’s Battles: Part 1

Forget for a moment about the things that the media are telling you to be absolutely terrified about – ebola, ISIS, drought, global warming/climate change, Russia, Ukraine, flights from West Africa, genocide, etc. After all, while all of this stuff is going on, most Americans either think it’s an Obama-led plot, or are more concerned with who did what on Dancing With the “Stars”. 

Locally, our outrages are much more pedestrian in nature. 

We don’t get incensed, and we don’t do jack squat in response to a devastating report about poverty in Buffalo. Well, we do tend to moralize and lecture the victims of poverty, while others identify at least one of the root causes

But I can tell you two recent points of civic outrage that are not at all important, in the wider scheme of things. One is the Labatt ad affixed to a dilapidated grain elevator, replacing what appears to be peeling and chipping lead paint.  The other is the notion that anything that might be labeled “the indoors” be built anywhere on the Outer Harbor. 

A scan of preservationist message boards reveals that some people are simply outraged by the idea that a locally-headquartered national beer importer would so crassly deface our lovely blight. (Query: if it was PBR cans, would that be ok?) A Change.org petition has 132 signatures, is being promoted by a guy from Dutchess County, and calls this location “downtown”. The petition alleges that the Labatt cans violate up to three codes or regulations. 

The petitioners claim that Alcoholic Beverage Control Law 83.2 prohibits this display. Untrue. Any reasonable reading of that language reveals the prohibition to signs posted by a retailer on “retail licensed premises”. This location is not a retail licensed premises for on-site alcohol consumption.  A claimed second code violation alleges that the Labatt ad is illegal because it can be seen from a park with a playground in it.

The city code cited, 452-4, prohibits any alcohol advertising, “in any publicly visible location on or within 1,000 feet of the perimeter of any school premises, playground or playground area in a public park.” The 333 Ganson location is just about 1,000 feet from the boundary of Conway Park itself, which contains a playground. It is almost 1,500 feet from the “playground” or the “playground area in a public park”. 

Finally, the petitioner cites a city code having to do with “accessory signs”.  It doesn’t appear to me that the cited sign ordinance applies to a sign that is a part of the building itself, but instead deals with billboards and other types of signs that are separate and distinct from the adjoining structure.

But all of this boils down to personal taste – trying to shoehorn dubious statutory violations into the argument is a weak substitute for just saying you don’t like it; that we can do better. One person wrote that if we let this Labatt ad stay on the grain elevator, “we’re getting the city we deserve”. I honestly can’t fathom how putting a dilapidated commercial structure to commercial use poses an existential threat to Buffalo. 

You don’t have to like the ad, but unless you own the building, who cares what you or I like? 

Our second moral outrage has to do with the Outer Harbor. Every single plan for the Outer Harbor incorporates bucketloads of parkland. The problem is that in Buffalo, at that location, parkland is basically unusable much of the year, unless maybe you go fishing through holes in the ice or enjoy cross-country skiing with acute wind chills. The notion that there be something indoors on the Outer Harbor is, apparently, haram. 

The rhetoric against the ECHDC-promoted plan has been as bombastic as you’d expect it to be. The process was flawed!  Sure, there were three public hearings/meetings, and they were conducted like all of these types of meetings are – Green Code, Placemaking, One Region Forward – but this one was flawed! ECHDC’s plan will harm the ecosystem! The effort wouldn’t, of course, be complete without noted civic horror Donn Esmonde weighing in, complete with allusion to “lighter, faster, cheaper” from the Placemaking rip-off

So, what could they possibly be planning? Singapore-on-the-Lake? An endless sea of Waterfront Villages? A suburban office park surrounded by parking, like Larkinville? 

Nope, this. This is what they’re planning.  

I don’t know about you, but there’s a lot of green on that rendering. Looks like Times Beach’s ecosystem is preserved. Most of the construction would be in small clusters, away from the shore.  

There are plenty of things to be outraged about in Buffalo. These two don’t seem to be among them. 

SolarCity and its Impact

A lot has been written in the past week or so about the SolarCity project in South Buffalo. A lot of it has to do with OMG THAT’S LIKE $300k PER JOB. It’s being sold as an excessive investment for dubious return.

Here’s something to consider: the state of New York is not paying a subsidy to SolarCity. Under its contract, SolarCity will create approximately 3,600 brand-new high-paying jobs in Buffalo alone.  In order to do that, the state is buying the equipment that SolarCity will use to manufacture its products, and building the factory facility. The state will own it all.

While it’s well within the populist fashion of the times to decry public-private partnerships such as these – especially given examples where the private beneficiaries fail to uphold their end of the job-creation bargain with impunity – the simple fact is that municipalities compete with each other for this type of project, and Buffalo needs to be able to compete. 

It’s not just about 3,600 jobs. It’s about the economic activity that each one of those well-paying jobs generates

Let’s backtrack for a second and talk about supply-side/trickle-down theory versus demand-side/trickle-up; I believe in the latter and not the former. 30+ years ago the country started a grand experiment, simply put that lowering the tax burden on the very wealthy would result in them amassing more wealth, and that this would “trickle down” to the economy-at-large and create great wealth for everyone. It was what George H.W. Bush in 1980 called “Voodoo Economics”. Yet the country has stuck with this notion that easing the tax and regulatory burden on the rich would bring about great things for the middle and working classes. It simply didn’t happen. In fact, the working poor stayed that way, and the middle classes have borne the brunt of this experiment in terms of less pay for more work. 

Think of it this way – we heard a great deal in the last few Presidential elections about the vaunted “job creators” – these magical John Galts who have amassed great success and wealth and who demand less regulation and more tax relief (and none of this “Obamacare” nonsense) in order to … well, it gets a bit fuzzy at this point. 

It gets fuzzy because lax regulations have simply led to poor oversight and environmental catastrophes like the chemical spill in West Virginia last year. Arguably, the public cost in money and suffering that resulted from that disaster far exceeded the cost properly to inspect and enforce health and safety regulations in the first place. 

But with respect to the ultra-wealthy “job creators” in this country – let’s say I have a fortune of $150 million. With that sort of money, my opportunity to participate in the economy is limitless. Many of the people with this sort of money pay a fraction of a percent of their income to the authorities as compared to the nut you and I pay, because the tax code is designed by these people to help these people. Let’s say, instead, that I actually earn a paycheck rather than amass a fortune through inheritance or investment, and that I make $4 million per year. Technically, I’m supposed to pay 35% or so of that money to the IRS, but through creative accounting and other loopholes, we can whittle that down substantially. But even if, hypothetically, I paid the full 35% nut to the feds, I’m still bringing home $2.6 million. What does that mean, in terms of the trickle-down theory? That I won’t get a Maybach and instead opt for an S600? That I’ll have to cut back on my NetJets account? Seriously, what is it about $2.6 million versus, say $3.4 million that will adversely affect my ability to spend? Whether you earn $2.6 or $3.4 million, you’re making all the money in the world and you can buy anything you need, and everything you want. 

By contrast, if you put an extra few thousand dollars in the pocket of someone who’s working class or middle class, you just added a new appliance, or a better car, or a nicer vacation. By giving tax relief to the middle class, you can suddenly give average people more freedom to participate in the economy, and they’ll spend it – everyone benefits.  We could simplify the tax code tomorrow and the economy would skyrocket. OK, everyone earning over $500,000 pays 35% straight up, regardless of income source – paycheck or capital gains. Anyone making $200 – 500k pays 25% straight-up. Anyone making $100k – 200k pays 17%. 50k – 100k, you pay 10%, and if you earn less than 50k you pay zero.  Add a VAT and you’ve just funded universal health care. 

But I digress. 

The state’s investment of $350 million from the Buffalo Billion and $400 million in conditional loans (payable if SolarCity does not meet milestones and goals as set forth in the agreement), will result in a massive trickle-up boost to the local economy.  You will have 3,600 households suddenly better able to afford to participate in the local economy, buying goods and services throughout the region. And let’s not forget that SolarCity has contracted to invest $5 billion in this project over the first 10 years, we’re not looking at some sort of idiotic handout. 

Although 3,600 jobs will be here in WNY, there will be 5,000 SolarCity jobs created throughout upstate New York.

Now, witness what some are now trying to peddle. Namely, local embarrassment Carl Paladino. Here’s an excerpt from an anti-Cuomo, pro-Astorino email he sent Thursday: 

Aside from the misspellings and factual inaccuracies (read: lies), Paladino claims that Texas doesn’t subsidize or incentivize businesses moving to Texas. Well, not every business wants to locate in an overheated place that doesn’t spend money on infrastructure or education.  But the idea that Texas doesn’t do economic incentives is simply a lie.  It takes a few simple clicks of the Google machine to find the Texas website where its incentives and subsidies are set forth. Now, Paladino would have you think that Musk went to Texas simply because it’s an overheated, be-rednecked Galt’s Gulch, right? Wrong

In Texas, Musk said the outpouring of support from local residents and government officials — who are supporting the project with at least $15.3 million in state funding — was significant: “We want to be in a place where we’re truly wanted,” he said.

By the way, Elon Musk – the guy in charge of SolarCity – recently located his SpacePort in Texas, but located his Tesla battery plant in Nevada. Part of the reason? Nevada’s business climate is more liberal than Texas‘. Also, Nevada and Texas competed against each other to land the Gigafactory, and Nevada’s package of $1.25 billion in tax breaks and incentives beat whatever Texas’ proposal was

The deal with SolarCity is different. The state (via SUNY) will own the factory and equipment, and SolarCity will be allowed to use it – for free – for 10 years. This will create 3,500 local high-tech jobs; 21st century jobs. Again – SolarCity will be investing $5 billion of its own money. If they don’t live up to their promises, SolarCity will be up to $412 million in debt to the state.  SolarCity maintains a big chunk of the risk, and isn’t getting a direct cash subsidy. 

Over 3,500 new, high-paying local jobs and all the economic activity that each one of those jobs generates is huge for this region. This is a big risk and a big expense, but you don’t undo 50 years of decline through recklessness or fear. 

Carl Being Carl

Courtesy Marquil at EmpireWire.com

It was a cool evening; cool in the sense of temperature as much as atmosphere. The sun had just set and the cloudless sky was turning a lovely shade of dark blue, with a disappearing tinge of orange on the horizon. 

I pulled my car into a spot about a block down from the Dinosaur BBQ on Franklin Street to attend the City & State “welcome to Buffalo” party. The New York-based paper had just hired a Buffalo reporter, and it was hosting a celebration. 

As I walked up Franklin, I ran into County Executive Mark Poloncarz, who was rushing to get to a dinner at Bacchus with bigwigs from a local utility company. I saw Buffalo Rising’s Newell Nussbaumer and said hello. As I approached the Dinosaur, I saw Mike Desmond from WBFO speaking with City & State Editor-in-Chief Morgan Pehme and Chris Thompson – Pehme’s new Buffalo hire. 

After a while, a very slim, dapper gentleman from the statewide office of AARP came by to chat with Pehme and Desmond. He mentioned that Erie County had the 9th oldest population in the country. 

Right around that time, I caught a glimpse of a black BMW X5 across Franklin. It stopped to let out City & State President & CEO Tom Allon and G. Stephen Pigeon. Allon is a tall, bespectacled man who looks like he stepped right out of a Brooks Brothers catalogue. I introduced myself to both men. Pigeon shook my hand. Understandably, he wasn’t especially warm and friendly to me, but behaved like a gracious adult. They went inside. 

At this moment, the BMW had made a u-turn and parked, halfway in a spot, in front of the Dinosaur BBQ. Out comes Carl Paladino, and he is smiling and gesturing at me as if I was someone he was happy to see. He came around the car and was being gregarious and friendly with everyone. As we both extended hands to shake in greeting, I hesitated and said, “you don’t like me. I’m Alan Bedenko”.

At this he recoiled and inquired whether I was fucking serious. When I answered in the affirmative, he took a step or two back to tell me that I’m “a real fucking asshole, you know that?”  I replied that yes, indeed, I am, as I grinned from ear to ear.  He went on to berate me as a “disgrace” and a “fucking coward”.  I continued smiling as this old man angrily spat expletives at me on a sidewalk, in front of people, on a cool Buffalo night. He then went inside in disgust, informing the people with whom I was chatting that he would not speak to them while they were talking to an asshole like me. It was surreal. 

I continued speaking with Mr. AARP guy, Pehme and Desmond before going inside to check the event out.  I met Erie County Legislator Joe Lorigo, who is a nice fellow even if his politics are all wrong. I like that he recognizes that the legislature is – and should be – a deliberative legislative body, and the role he plays in it.  I saw his dad, too, but we didn’t get a chance to speak. I spoke with lobbyist Jack O’Donnell and met his lovely wife, Marina. It was O’Donnell’s birthday, evidently, and Pehme led the gathering in a round of “Happy Birthday”.  There was even cake. 

I spoke at some length with Camille Brandon, fresh off a primary loss in her Assembly race. While we were chatting, Paladino passed behind me and said hello to her, but indicated that he would speak to her later when “that asshole” was gone.  She later found me and said Carl had asked her why she was speaking to that “asshole”. He was entering Mean Girls territory. 

I saw Jim Heaney and Dan Telvock of Investigative Post, and Justin Sondel from the Niagara Gazette.  I spoke briefly with @HeyRaChaCha from Twitter, and we talked about all the fascinating people who were there. 

As I spoke with Sondel and Mark Cornell from Poloncarz’s office about hydrofracking and Niagara County journalism, Pehme and Allon took to the stage to thank everyone for coming to the event.  Evidently, Paladino was a sponsor of the event because he, too, took the mic.  He welcomed City & State to Buffalo, adding that it was about time Buffalo got some real journalism up in here. He added that Buffalo media had too many “worms like Alan Bedenko”, expressing surprise and dismay as to how I even got into this event, to which I had been invited. 

Of all the elected officials, journalists, and dignitaries who filled that room, only one name was mentioned – mine, spat out by Buffalo’s favorite son – a walking, talking insult billboardatorium

Oh, how delightful this all was. I don’t think you’ve really arrived in Buffalo until you’ve been viciously cursed out by Carl Paladino.

What have I done to this man, except tell the truth about him? His sordid racist emails? His failed candidacy? The horrible things that come from his mouth? This guy is the personification of dishing it out but not being able to take it. (Mr. Tea Party is hanging out with Steve Pigeon, now?) What have I done, except be one of the few not in thrall of his money or perceived power? He hides behind his money, hurling misogyny, homophobia, and invective from emails and billboards, but I’m the coward?  I mean, I never circulated anal horse pornography, but that’s just not my thing. 

What’s with the hate and anger? Here he is, a millionaire in his $70,000 truck, being feted and paid attention to by all sorts of VIPs from not just the region, but throughout the state, but he’s got to take especial time to attempt – and fail – to insult me from the stage at the Dinosaur BBQ at someone else’s event. How great is that

Almost everyone said it was “just Carl being Carl”. It was, indeed.  That is, of course, the problem, but he’s attained folk hero status and can get away with just about anything, and the list of “cowards” who are willing to call him on it is regrettably short these days. There’s a fine line between being a straight talker and the state of being “Carl”. 

As for me, it was one of the proudest nights of my life; a story to remember. I make it a point to never knowingly do business with Carl Paladino, and I didn’t touch a drop of liquid or morsel of food that he underwrote at the event. 

Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which spitefully use you, and persecute you. – Matthew 5:44. 

LOL GOVERNOR TRUMP ROTFL

First, let’s recall the mass fellating that local Republicans gave Donald Trump when he pretended to be interested in running for governor, and then again when he pretended to be in interested in buying the Bills. 

Shorthand: back when Donald Trump pretended to give two shits about our fair backwater. 

The Pegulas, on the other hand, have taken a billion and a half of the money they made fracking Pennsylvania and bought the Sabres, and then the Bills. In just a couple of months, the Bills went from likely departure to an indefinite Buffalo domicile. 

Trump sharted this on his Twitter machine Friday: 

Quite possibly the best response came from one of the Pegula daughters, Jessie. I’m sure being a billionaire is awesome in many ways, but here’s the difference between a sociopathic narcissist and a real human being: 

Indeed, it isn’t. Meanwhile, Trump should probably concentrate on his gaming business, which is facing its fourth (maybe fifth?) bankruptcy. Stop idolizing this guy. He’s not emblematic of how rich people should act.  Quite the opposite. 

Political Shorts and a Hot Dog Stand

1. Schneiderman Kickoff

Attorney General Eric Schneiderman kicked off the WNY leg of his 2014 re-election campaign in Niagara Square on Tuesday, flanked by a wide variety of politicians, activists, and union leaders from throughout the area, some of whom don’t always get along (more on that later). Throughout his first term, the former State Senator from New York’s Upper West Side has brought a new energy to the Attorney General’s office, with his most significant focus being the protection of the average consumer from predatory, unfair, and deceptive business practices.

After glowing speeches from former Congresswoman Kathy Hochul and Mayor Byron Brown, Schneiderman was introduced by Avi Israel, an average guy from North Buffalo. Israel’s son, Michael, tragically committed suicide a few years ago in part  because he was taking several prescription medications that different doctors had prescribed.  Because there was no mechanism in place for the physicians to see what others had prescribed, and at the time of his suicide, Michael was taking about 20 different medications

With Schneiderman’s help and lobbying, New York passed the I-STOP prescription monitoring program last year. The program requires providers to review a patient’s medical history before prescribing any opioid pain medication. It also requires any such medications to be e-prescribed, and the filling of any prescription by a New York pharmacy updates the database in real time. This has decreased doctor-shopping in New York by an incredible 75%

Just this week, the AG’s office cut a deal with Wal*Mart over a fraudulent “sugar tax” it was levying on sales of soda

Schneiderman’s opponent is hitting the incumbent on his silence over the Moreland Commission debacle. But consider this

I think you may have heard that that is the subject of an ongoing federal investigation, and I don’t comment on ongoing investigations,” Schneiderman told reporters in Schenectady, where he announced $20 million for a land bank initiative. “My office is cooperating with the United States Attorney and we’ll leave it at that.”

Schneiderman has said little about the Moreland Commission’s demise or whether he knew about claims that Cuomo’s administration was interfering in the panel’s work and steering them away from Cuomo’s allies.

Schneiderman’s office deputized the members of the commission, and has been cooperating with U.S. Attorney Preet Bharara’s office in connection with its ongoing investigation. Meanwhile, Schneiderman’s opponent touts his work with George Pataki, a governor who didn’t need to shut down his own investigation into public corruption because it never made its way to his agenda. 

For his part, Schneiderman noted that his office had prosecuted over 50 cases of public employees and electeds stealing taxpayer money and abuse of power. 

2. Scratch that!

State Sellout Tim Kennedy is not challenging Jeremy Zellner for the chairmanship of the Erie County Democratic Committee at this Saturday’s re-organization meeting. Instead, it will be Amherst Town Councilman Mark Manna. Manna reportedly has the backing of Mike Deely from NYSUT, State Sellout Tim Kennedy, and Mayor Byron Brown. 

This is all very interesting mostly because Zellner and ECDC endorsed Brown’s re-election campaign last year on the express condition and guarantee that the Mayor would back Zellner’s re-election as chairman. That’s honor for you. I’m not 100% sure what it is about Steve Pigeon’s track record of running the party in the late 90s is so desirable to people, so it must come down to who doles out the jobs, and possibly something to do with the judicial nominations. There’s no other objectively rational explanation. 

I like Mark, so I’m not going to bash him, but I will say this: Zellner’s opposition is running on a “peace and progress” platform. It seems to me that Erie County Democrats could easily have had peace and progress over the course of the last decade if there wasn’t a conspiratorial opposition working feverishly to sabotage the county committee every so often. A group of malcontents (Deely, for example, was for Teachout/Wu and now he’s aligned with people who sell out to the GOP regularly?) conspiring in Steve Pigeon’s house to overthrow the guy they’ve been working feverishly to weaken over the last few years is hardly the picture of party unity anyone needs. This time, at least, they don’t have Governor Cuomo’s blessing or support. 

Let it be clear: if you hand over the reins of the party committee to Steve Pigeon, the last things you’ll get are peace or progress. 

3. Grisanti Staying In The Race

State Senator Mark Grisanti remains on the Independence Fusion Party’s ballot, and dammit he’s got bank, and he’s gonna spend it. Right now, it would be a 4-way race involving Grisanti, Marc Panepinto on the (D) line, Kevin Stocker on the (R) line, and Timothy Gallagher (who?) on the Conservative Fusion Party line. Stocker and Gallagher split the gun-fetish vote, so look for Stocker to somehow wrangle the Conservative Fusion line in the next few weeks. With Stocker picking up the anti-Cuomo vote, Grisanti and Panepinto duke it out for the general electorate, which is overwhelmingly Democratic, but not especially liberal. 

126,000 people voted in 2012, and turnout might be about that high, given the gubernatorial race. But when Paladino ran in 2010, only 65,000 people voted overall, and Grisanti narrowly beat incumbent Antoine Thompson. 2012 gave voters a chance to express their outrage at Grisanti’s same sex marriage vote, and 2014 gives the NY SAFE Act opponents a similar opportunity. But Grisanti can tout the fact that both major parties have rejected him and posit himself as the centrist alternative to ultra-left-wing Panepinto and extreme right-wing Stocker. Don’t count Grisanti out just yet. In November,  the tea party’s influence is significantly more diluted than it was in September. 

4. How hard is it to operate a bridge,

for God’s sake? The Peace Bridge is the steel emblem of western New York. It is our physical connection to a huge, wealthy Canadian marketplace, and stands as a symbol of political gridlock, secrecy, inaction, failure, and idiocy. 

5. Reverse Cowdog Taken?

The contrived use of shipping containers – whatever. But I quite literally hate everything else about this “Dog e Style” from the name, to the font, to the sign, to the mascot. Get it? The hot dog is wearing a tux, so is “é” “is” in Portuguese? But the double entendre is “doggy style”, which will make parents of pre-adolescents cringe the hell away from that place because, really. The day my kid asks to get a “gourmet” hot dog at a place pronounced “doggy style” is not a day that will ever happen. 

Via @buffalovebirds at Twitter

Via @buffalovebirds at Twitter

 

Trolling Erie County Democrats

Word has it that Steve Pigeon’s biennial attempt to troll the Erie County Democratic Committee comes in the form of a new challenge to Jeremy Zellner’s chairmanship. Reportedly going around calling himself the most powerful Democrat in WNY, in comes State Senator Tim Kennedy, who is allegedly putting his name in contention as county chair. 

You might remember Tim Kennedy, who recently won re-election by wildly out-spending his opponent, orchestrated a coup in the Erie County Legislature in 2010. That coup took a Democratic majority and handed over a de facto Republican majority to Chris Collins. In exchange, Kennedy’s path to the state Senate was cleared. 

So, to be clear, Tim Kennedy sold out Democrats and his constituents in favor of Chris Collins and the Conservative Party to ease his path to the Senate. 

Because this isn’t remotely serious, they’re unlikely to show up. Being chair is actually difficult work. This crowd is content to play fast and loose with campaign finance rules, and to sabotage the committee and its candidates for the next couple of years. 

 

The Curse of the Donn Esmonde Column

What better way to explain away systemic failure than to do what they did in the Middle Ages and just blame it on some supernatural curse? 

The Boston Globe’s Dan Shaughnessy first articulated the concept of the Red Sox “Curse of the Bambino” in a book released in 1990.  It soon became lore – during fall Sox games, the “Reverse Curve” sign on an overpass on the outbound Storrow Drive became “Reverse Curse”. 

So Donn Esmonde, a semi-retired Buffalo News columnist/asshole, came up with a “curse” for Buffalo. This is, naturally, not at all original. Some believe that Buffalo is cursed because President McKinley was assassinated here. It’s much easier than, say, absorbing the details and lessons from Diana Dillaway’s “Power Failure and addressing longstanding ways in which Buffalo continues to stand in the way of its own progress. 

Esmonde’s way of cheering the Pegula family’s purchase of the Buffalo Bills reads more like the rantings of an obsessed geek fanboy writing erotic fanfiction featuring Karen Gillan and Kari from “Mythbusters“. 

If the stars and fates were – for reasons unknown – lined up for decades against the city, those fortunes indisputably have changed. The U-turn has been so dramatic – and the reversal so long overdue – that the dark cloud may have lifted for generations to come.

Note to Fate: It’s about time.

It’s not fate. There is not a single thing about Buffalo and WNY that has fundamentally changed in the last 10 years, except perhaps locals’ attitudes about the city. When the governor throws a billion dollars at your city for economic development, good things would happen anywhere. The funding of ECHDC with money from the power authority helped bring about Canalside, and that was thanks to smart politicians exercising their clout. But do we really need NYPA? Shouldn’t WNY have been benefiting from cheap hydropower for the last century? Couldn’t Albany do something about making it easier to start and do business in New York State instead of just making it rain cash? Our recent election results show just how same old same old our area is.  Lucking into finding a sports-fan billionaire is just that – luck. His purchase of the Bills changes none of the fundamental, underlying problems that we face. 

Any “curse” is of our own creation, and we maintain it lovingly every time we “participate” in our electoral system. 

If indeed there was a dark cloud hanging for decades over our sporting teams and civic fortunes, it’s safe to conclude it has been mugged, mauled, pummeled and smothered into submission.

The way things are going, there will be a shiny Stanley Cup in our trophy case and a Super Bowl parade down Main Street sometime in the next decade. Crazy talk, I know. But who could have imagined that a Pegula would suddenly appear, as if brought to life by our collective wishful thinking?

We suffered the misfortunes of Wide Right, four straight Super Bowl losses, No Goal and various other sporting calamities. The supposed prior salvation of the Sabres – and a downtown-reviving Adelphia empire – offered by the Rigas family vaporized in false promises and prison sentences.

The sports calamities pale in comparison to our social, economic, and political calamities, all of which continue apace. Another article in the News details the process whereby amateur, unqualified “planners” dictate the future of the Outer Harbor by passive-aggressive sticky note.  Don’t tell me that any curse is lifted when we have people whining about people living in gorgeous new housing near the Lake. I mean, just look at what waterfront development did to those unlivable hellholes like Vancouver, Toronto, New York, Fort Lauderdale, Miami, Singapore, and Chicago! We’d never want to be like those places! By God, that Outer Harbor has been a contaminated wasteland for the last 80 years, and by God a contaminated wasteland it should stay!

Apart from Silicon Valley, newly minted billionaires don’t generally fall from the sky – particularly around here. Pegula, in essence, emerged from the earth – or, at least, the source of his billions did. Advancements in the technology of natural gas extraction, called fracking, in recent years turned natural gas deposits mile-deep in shale into 21st-century treasure. Though environmentally controversial, fracking transformed Pegula seemingly overnight into a multibillionaire. With decades in the industry, Pegula – a native Pennsylvanian whose Western New York roots are nearly 40 years deep – saw the coming technology early on and acquired massive stretches of shale-rich land. He has, over the last five years, sold pieces of his stake for billions of dollars.

Luckily for us.

This one is fantastic. Esmonde is glossing over the environmental disaster that is natural gas extraction through hydrofracking. The modern fracking they do in Pennsylvania and other places is not yet allowed in New York, and while some think it would be a boon for economically depressed parts of central New York – mostly around Utica and Binghamton – it comes with huge environmental risks. 

You need look no further than this Donn Esmonde column from 2011, wherein he recounts how fracking rigs in Springville made a young family sick, and turned their well water suddenly flammable. Heartbreaking:

“I couldn’t understand why my kids were getting sick,” said Brant. “Are they going to have health problems for the rest of their lives? I have six girls, will they be able to have children?”

One could argue that fracking may have “cursed” that family, because looking at it all scientifically, empirically, and objectively is far too complicated and difficult. But what’s a little poisoned water, poisoned kids, and geological trauma when a billionaire can buy our sports team? 

I understand that we’re willing to hold our collective civic nose and ignore how Pegula made his billions, but to gloss over it and cheer the lifting of a “curse” is going a bit too far, even for Tea Party Donn

With Pegula’s emergence, Buffalo really stepped in it – but this time, instead of stomping into something odoriferous, we walked into a bed of roses. Mesh the reversal of our sporting fortunes with the ongoing repopulation of downtown, the development of the waterfront, the revival of the West Side, the emergence of Canalside and the rise of the Medical Campus, and there is just one rational rhetorical question begging to be asked: Curse? What Curse?

Buffalo’s population continues to decline. Our politics remain hopelessly dysfunctional and corrupt, and all of these things are happening in spite of that. Buffalonians and WNYers may have more optimism and hope, but it’s not because one billionaire bought the Bills – it’s because in the last 20 years, we’ve been forced at last to get past our post-industrial malaise and figure out a path to the future. We may not always agree, and we may fight and argue about the details of how to move forward, but it’s because of the work of visionary businesspeople, tax credits and incentives, activists, volunteers, and organizations that our region seems to be moving forward. For every billionaire sports team owner, the real hard work is being done by people who live paycheck to paycheck, or freelance check to freelance check. It’s being done by entrepreneurs who put their talent and passion into various projects. It’s not the grand shopping sprees that make Buffalo better, it’s all the little things that people do with minimal fanfare and very hard work. 

As for me, I’m convinced that Buffalo’s “curse” won’t be lifted until Donn Esmonde stops writing trite, humorless nonsense in the local paper and retires to his suburban tract home in Florida

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