South Buffalo

Sham, Spurious and Sundry Unspeakables in one Jurist’s Courtroom

Posted by Arthur J. Giacalone on January 5, 2019
Posted in: City of Buffalo, Judiciary, Lawyer's 1st Am. rights, South Buffalo. 3 Comments

“Really?”

That was my spontaneous exclamation on November 20, 2018 when a judge abruptly and angrily ordered me in open court to “stop using” words such as “sham,” and to “use legal words.”

And “sham” wasn’t the only expression to arouse the jurist’s pique.  His Honor went on to characterize phrases in my court papers such as “working in concert” and  “spurious legal contentions” as “the sort of things that this Court, for one, is tired of hearing from lawyers.”

Here’s the actual exchange [I’ll spare the casual readers of this post the details of the court case, but the curious can peruse the affirmation which contains the above-quoted “unspeakables” for an overview of the facts and legal contentions: krehbiel v. wnymcs – giacalone affirmation 11-18-18]:

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MR. GIACALONE: … [A]nd that’s why we see this whole thing as a sham.

THE COURT:  No, stop using those words.

MR. GIACALONE: Well, how could – –

THE COURT:  Don’t use ruse, sham, red herring, all that stuff.

MR. GIACALONE: Really?

THE COURT:  Stop using it.  Use legal words.

MR. GIACALONE: It is a legal word, Your Honor.

THE COURT:  Sham?  Isn’t that a derogatory word?

MR. GIACALONE: Can I find court cases that refer to shams?

THE COURT:  I don’t – –  You know – –

MR. GIACALONE: For some reason, we can’t express how we interpret the actions of the City. I don’t have the luxury of assuming that they’re acting in good faith, Your Honor.  I observe what they’re doing.

THE COURT:  Well – –

MR. GIACALONE: I’m just saying – –

THE COURT:  I’m searching for words to make sure that I use them correctly.  I read your affidavit in opposition – – or your affirmation, excuse me, not an affidavit, an affirmation.  You use the phrase, working in concert.  There’s other words.  Cannot hide under – – is it a sheaf?

MR. GIACALONE: Sheaf.

THE COURT:  – – of affirmations and spurious legal contentions, and the purported need for rescission seems to be little more than a sham, a manufactured excuse to rid themselves of embarrassing litigation.  Those are the sort of things that this Court, for one, is tired of hearing from lawyers.  Now, I’ll bet if I go to [opposing counsel’s], I can probably find a few.

MR. GIACALONE: Well, that’s the point.

THE COURT:  Let me finish.  I’ll bet I’ll find – – is that where I left off?

THE REPORTER:  Yes.

THE COURT:  Wishful thinking.  Self-imposed requirement of petitioners who evidently wish to control the project.  I mean, there’s a few.  They’re a little more subtle, but your briefs and your affirmations would be a lot less – – a lot shorter and less for the Court to read if you left out the hyperbole and the adjectives used to describe your opponents’ thoughts, arguments, etcetera.  Those are the sorts of things that this Court, for one, is tired of having to wade through in order to reach a determination.  I try very hard to avoid such adjectives in describing arguments and conclusions of counsel and their clients.

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My surprise at His Honor’s sensitivity to expressions such as sham and spurious is two-fold.

First, it is not difficult to find either court decisions which characterize activities and legal proceedings as shams (from a dissenting opinion by the late U.S. Supreme Court Justice Antonin Scalia, a per curiam order of the U.S. Court of Appeals, Second Circuit, to a memorandum from our own Appellate Division, Fourth Department), or repeated references to spurious legal claims and defenses in opinions rendered by our state’s appellate courts.

More significantly, the ability of lawyers in a judicial proceeding to “speak freely to zealously represent their clients without fear of reprisal or financial hazard” is so integral to the search for truth and the welfare of society that oral and written statements made by attorneys in connection with a court proceeding are absolutely immune from liability for defamation when such words and writings are pertinent to the questions involved.   New York’s highest court established this legal principle more than 120 years ago, “for the benefit of the public, to promote the administration of justice, and only incidentally for the protection of the participants in judicial proceedings.”  [See, for example, Youmans v. Smith, 153 NY 214 (1897); Park Knoll Associates v. Schmidt, 59 NY2d 205 (1983); Front v. Khalil, 24 NY3d 713 (2015).]

It has always been my goal as a lawyer to thoroughly, accurately, and diligently represent my clients’ legitimate interests, and to do so in a professional and honest manner.  The court papers that so offended His Honor attempted to fully support – factually and legally – my clients’ claims of sham, spurious arguments, and city officials working in concert with the project’s sponsor.  Ironically, my conscientious efforts to explain and support my clients’ assertions appear to have irritated the judge who expressly referenced the length of my last submission:  “Twenty-eight pages.”  [Of course, His Honor did not mention that my affirmation was in response to four attorney affirmations, an affidavit, and a memorandum of law, totaling 31 pages in length (plus several exhibits).]

I may not be the proverbial “sharpest marble in the drawer,” but I can’t for the life of me understand how the words and phrases that I spoke and wrote are not an acceptable part of the legal lexicon.

I also can’t understand why His Honor chose, not once, but twice, to address me as “Arthur” during oral argument, rather than “Mr. Giacalone.”  In contrast, my two opposing counsel were consistently identified as “Mr. ________” and “Ms. ________.”  [Note: During my 42 years of appearing in courtrooms – at trial-level and in appellate proceedings – no judge or justice had ever chosen to refer to me by my first name.]

But I think I understand why His Honor complied (over my objection) with my opposing counsel’s peculiar request to attach to the official “Order and Judgment” not only the two-page transcript of the Court’s November 20, 2018 oral decision (dismissing my clients’ lawsuit), but the entire 34-page transcript of that day’s oral argument.  In doing so, the Court not only went beyond the customary practice in Western New York (and, I believe, elsewhere), His Honor exhibited his unmatched hubris.

With All Due Respect,

Art Giacalone

Can’t trust City Hall & Chris Scanlon to protect the Buffum Street Neighborhood

Posted by Arthur J. Giacalone on October 15, 2018
Posted in: Carl Paladino, Christopher Scanlon, Development, Political Contributions, South Buffalo. Leave a comment

As you probably know, Maritime Charter School wants to build a three-story, 65,000-square-foot high school building, and a 24,000-square-foot pre-fabricated athletic building (large enough for three full-size basketball courts) at the rear of its existing two-story middle school at 102 Buffum Street (the former Public School No. 70).

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The proposed “expansion” and addition of a high school would negatively impact nearby residents and the ability to peacefully enjoy life in the Buffum Street neighborhood, and threatens the sanctity of lands long held sacred by indigenous groups:

– NYS’s Historic Preservation Office has described the 102 Buffum Street parcel as having “high cultural, historic and archeological sensitivity” due to the likelihood that the Mission House (school) of the Buffalo Creek Indian Reservation was located at the site, and its proximity to the Seneca Indian Park (burial grounds).  Archeological resources of great significance to Native American communities, including human remains, could be disturbed if expansion is allowed.  See SHPO 06-19-18 letter re 102 Buffum.

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– According to Maritime, if the expansion project goes forward, there would be 5 times as many students and faculty at the Buffum Street site, increasing from the current 105 and an estimated 525.

– Maritime’s transportation plan estimates that the combined middle school/high school would bring an average of 104 vehicles to 102 Buffum Street (not counting yellow school buses) each school morning.  That’s one car every 35 seconds during the morning rush hour.  Nearly as many vehicles would be leaving the Buffum Street site during the peak afternoon rush hour.

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– If Maritime’s varsity sports teams play any games at the Buffum Street site, neighborhood residents would experience traffic, parking, and noise issues beyond normal school hours.

– An expanded Maritime school would need an additional 57 parking spaces, and, as a result, the beautiful green lawn and majestic trees on the east side of the existing school building would be removed and be replaced by an asphalt parking lot.

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– The number of buildings would increase from 1 to 3.  The foundations of the two new buildings would expand beyond the existing paved area at the rear of the school and onto the grassy slope and a portion of the wooded area.  These changes would increase the rainwater that runs off the parcel, adding to existing drainage and flooding problems for Zittel Ave. yards.   See Charter school addition site plan

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City Hall officials, including South District Councilmember Christopher Scanlon, ignored these potential impacts to the Buffum Street neighborhood when they approved the Maritime charter school’s expansion plans this past May and June.  Recently, as you may have heard, Maritime asked the City’s Common Council to rescind its June 2018 approval of a “special use permit” which allowed construction of the new high school and athletic buildings.  On October 2nd, without any chance for the public to speak, the Common Council – led by Mr. Scanlon – complied with Maritime’s request, rescinding the prior approval.  See

Maritime and the Common Council claim that the approval of the expansion plans was set aside so that Maritime can pursue an archeological examination of the Buffum street site.  This explanation just isn’t logical.  As owner of 102 Buffum Street, Maritime undoubtedly has the right to conduct an archeological study without rescinding the special use permit approval.  It’s their land.

From my perspective, the real reason for rescinding the approval is so that the City and Maritime can have a “do-over” – clean up the mistakes the City made when rushing to approve the expansion plans in May and June, and then re-approve the same plans for a new high school building and athletic facility.  Maritime’s letter requesting the rescission states, “Maritime still intends to undertake the Project…”

As a lawyer who has spent nearly 30 years representing residents in land use and environmental matters, I have lost virtually all confidence in Buffalo City Hall’s willingness and ability to comply with zoning and environmental review laws.  Here are but a few reasons why I believe that the Buffum Street neighborhood cannot rely on City Hall to protect its interests:

  1.  Maritime school’s purchase in June 2017 was financed 100% by Ellicott Development, the Paladino family company, and Ellicott Development plans on constructing (and, profiting from) the expansion project. Councilmember Scanlon is deeply connected to the Paladinos.  For example, public records show that he received at least 17 political contributions from Paladino-related individuals and entities between Aug. 2012 and Feb. 2016.  See Scanlon contributions from Ellicott Development 2012-2016
  2. At the Common Council’s June 2018 public hearing, a respected Native American activist advised Scanlon and company of the potential desecration of human remains if the expansion was allowed, and two residents raised concerns regarding traffic, loss of trees, drainage, and neighborhood character. At the close of the hearing, Scanlon stood up, did not mention any of the issues raised by the public, and advised the council that he supported the project. [Note:  Scanlon, and an Aug. 17, 2018 Buffalo News editorial, mention Maritime’s reputation as an academic success when expressing support for the expansion project.  However, a chart included in a recent Buffalo News article shows that Maritime’s 7th and 8th graders scored the lowest of any of Buffalo’s 12 charter schools and lower than two-thirds of the students in Buffalo’s public schools.  In 2018, only 15.0% of Maritime’s tested students were proficient in ELA, and 10.1% proficient in Math.]\
  3. Maritime’s Director of Administrative Services, David P. Comerford (who appeared on behalf of Maritime at the City’s public hearings), has deep City Hall connections. He spent years as Buffalo Sewer Authority’s General Manager, and his brother, James Comerford, Jr., is the City’s Commissioner of Permit & Inspection Services.

I urge anyone concerned about the Maritime charter school’s plans to change the character of this quiet, historical residential neighborhood to contact Councilmember Chris Scanlon to express your position:  Christopher P. Scanlon, 65 Niagara Square, Room 1401, Buffalo, NY 14202; (716) 851-5169; Email at cscanlon@city-buffalo.com.

Thank you.

With All Due Respect,

Art Giacalone

 


	


	

							



	

					
Councilmember Christopher Scanlon serves his political contributors, ignores concerns of South Buffalo residents
				

			Posted by Arthur J. Giacalone on June 11, 2018
					


		

						Posted in: Carl Paladino, Christopher Scanlon, City of Buffalo, Development, Native American, Political Contributions, South Buffalo.			
			
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[A version of this posting was published in The Public on June 12, 2018. My thanks to Geoff Kelly.]


Fact: On at least sixteen (16) occasions between August 2012 and February 2016, entities with the same address as the corporate headquarters of Carl P. Paladino’s Ellicott Development Company have made political contributions to “Friends of Christopher P. Scanlon.”  The donations – from contributors with names such as Turning Albany Upside Down P.A.C., Seneca Street Properties, Ellicott Development, and 2468 Group, Inc. – have ranged from $100 to $500 apiece.  William A. Paladino, the current CEO of the company founded by his father Carl, has also donated to Scanlon’s campaign.  [See  Scanlon contributions from Ellicott Development 2012-2016.]


Question:  Do these political contributions explain why Christopher P. Scanlon, the South District representative on the City of Buffalo’s Common Council, has failed to publicly acknowledge or address the legitimate concerns of residents in South Buffalo’s Buffum Street area concerning Western New York Maritime Charter School’s plans for their tranquil, historic neighborhood?  [Full disclosure:  I live less than 800 feet from the project site, and oppose the charter school’s proposal. See Giacalone Letter to Common Council re Special Use Permit 06-05-18 .]


Background:  More than a century ago, an elementary school (former Public School No. 70) was constructed three blocks east of Seneca Street on Buffum Street, a 20-foot wide residential road.  The masonry building stands two-stories high, and has approximately 43,000 square feet of gross floor area.


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The  elementary school site is encircled by residences – nearly all of which are one- and two-family homes.  The residences immediately east of the school pre-date the 1915 construction of former School No. 70.  The homes across the street from the project site on Buffum Street, and on Indian Orchard Place and Silverdale Place (one-block long dead-end streets) were built during or prior to the 1920s.  The scale of the two-story elementary school building is in harmony with the neighboring residences.


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In October 2016, Buffalo’s Common Council – including Mr. Scanlon – approved the sale of the then-vacant school building (along with vacant land to the rear of 102 Buffum Street) to an affiliate of Ellicott Development for $975,600.  According to City of Buffalo documents, it was the developer’s intentions to renovate the property for an estimated $390,000, lease it to an existing charter school, and construct a new 45,000 sq. ft. building which would include a gym.  No mention was made of a plan to construct a high school building at the site.


WNY Maritime Charter School began operating its “middle school” at 102 Buffum Street in September 2017.  The middle school has approximately 81 students and 24 faculty members.  Buffalo’s online property information website identifies the charter school as the current owner of the property, and also indicates that the facility is fully exempt from taxes as an education institution.


Current Proposal:   On May 1, 2018, William Paladino, as CEO of Ellicott Development Company, submitted a packet to the City of Buffalo on behalf of its “client” – WNY Maritime Charter School.  The October 2016 plan to construct “a new building including a gym (45,000 sq. ft.) and an athletic field” has transformed into a proposal “to construct a new 3-story classroom building” (64,913 sq. ft.) and “athletic facility addition” (24,050 sq. ft.) including “3 full size basketball courts.”  [See Charter school Special Use Permit packet 05-10-18.]


Neighborhood concerns:  Ellicott Development’s new proposal represents a significant increase in both the scale of development and the intensity of land use at the 102 Buffum Street site:


(a) The number of buildings would triple from 1 to 3.


(b) The gross floor area would triple in size from 43,000 sf to 132,000 sf.


(c) The maximum building height would increase from 2-stories to 3-stories.


(d) The current total of 105 students and faculty at the site would explode to 525 (450 students/75 faculty), five-times its current population.


(e) A beautiful grassy lawn on the east side of the existing school, graced by 8 to 10 mature trees, would be paved over to add an additional 57 parking spaces.


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As expressed during a June 5, 2018 public hearing before the Common Council’s Legislation Committee (with Mr. Scanlon in attendance), the proposed Maritime charter school expansion threatens to adversely impact several aspects of the environment protected by the State Environmental Quality Review Act (SEQRA):


    

  1. Impact on Land. SEQRA’s  regulations expressly include “a substantial change in the intensity of use of land” as one of the “indicators of significant adverse impacts on the environment.”  The stark contrasts between existing conditions at the site and the proposed addition of a high school building, athletic facility, and parking area reflect – in quantifiable terms – a substantial increase in both the scale of development and the intensity of use of the site.
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  2. Impact on Traffic. Although the City Planning Board casually spoke of road capacity “adequate to service any increase in traffic,” Buffum Street is not Seneca Street or a busy commercial thoroughfare.  To the contrary, 102 Buffum is located three blocks from Seneca, in the heart of a residential neighborhood, where the principal public street is only 20 feet wide, cars purposely park over the curb because of the narrowness of the  thoroughfare, and two of the adjacent streets (Indian Orchard and Silverdale) are one-block long dead ends.  Traveling on Buffum Street becomes more difficult, even treacherous, during the winter months.  School buses – with only 81 students currently attending the school – already have a difficult time maneuvering around each other as they approach and depart the school.  Note:  The developer’s unsupported premise that 90% of the high school students will be using public transportation to get to and from the school seems unrealistic and self-serving.  And, no consideration has been given to the capacity of either the on-site parking spaces, or adjacent residential streets, to safely handle added traffic when the Maritime high school functions as “home team” for its basketball and other varsity games.  DSCN9708  DSCN9696
    3. 

  3. Impact of Existing Neighborhood/Community Character. The above-noted substantial increase in the scale of development and the intensity of use of the site will also have a significant adverse impact on the existing character of the surrounding neighborhood of modest one- and two-family residences.  [See 6 NYCRR 617.2(l), 617.7(c)(1)(v).]  Their scale and architectural features are in harmony with the two-story existing school building, and are incompatible with the size and sterile façade proposed for the 3-story new classroom building.  Additionally, the existing character of the surrounding residential neighborhood will be adversely impacted by the sheer number of students and faculty that would be coming to the site daily – estimated at a combined 525 individuals – starting at approximately 7:15 AM when the buses and autos begin to arrive.  DSCN9597
    4. 

  4. Impact on historical, archeological, and aesthetic resources. The mature trees and green lawn east of the existing school building are a significant aesthetic resource to this neighborhood, enjoyed by the residents who live across the street from the school property, passers-by, and, presumably, the staff and students at the Maritime middle school.  This important aesthetic resource – which took generations to reach its current state – would be eliminated in-a-blink-of-an-eye if the proposed project is approved, replaced by a large, noise-producing, exhaust-creating parking lot.  Note:  Although the Planning Board meekly attached as a condition to its site plan approval the following, “All mature trees must be saved where possible,” it is inconceivable that the developer would not claim that the vast majority of the majestic trees (with their extensive root systems) must be removed to ensure a safe, efficient movement of vehicles into and out of the new parking lot.   The project site is located within a couple hundred feet of the Seneca Indian Park, a site deemed sacred and part of a much larger area used historically as a burial ground by the Seneca Nation and others.  Historians believe that in 1819 the first Seneca Mission house was built by Christian missionaries at the site of the former School No. 70 – that is, the subject parcel.  While the developer and the Planning Board acknowledge that the proposed action is in an “archeologically sensitive area,” a “Phase 1” archeological survey has not been conducted.    DSCN9588  DSCN9587
    5. 

  5. Construction-related adverse impacts. Construction-related traffic, noise, dust, etc., would have a profound impact on the quality of life of the surrounding residents for many, many months.
    6. 



Scanlon’s response:  The South District’s Common Council member sat passively throughout the comments made by the public on June 5, showing neither interest, nor concern.  But Mr. Scanlon made certain that he expressed support, on the record, for Ellicott Development’s proposed project at the close of the hearing.  As reported by WBFO:


“… South Buffalo Common Councilmember Chris Scanlon says the project would be a good addition, especially saving the long-closed School 70.  ‘If it continued that way, it would eventually have fallen into a state of disrepair,’ says Scanlon. ‘Here we have a[n] entity, a school, which has a wonderful reputation, which is bringing life back to that building and which will inject the South Buffalo community with a couple hundred bodies each and every day, and they’re further investing between $10-$15 million in that location, which will further revitalize the Seneca Street Corridor.’”


Scanlon’s comments ignore several relevant facts.  The presence of the middle school students and faculty has already brought “life back to that building” – life commensurate with the scale of both the century-old building and surrounding residential neighborhood.  The building was not in significant disrepair when purchased by the Maritime school, and would almost certainly have been an attractive target for conversion into apartments or condominiums given the current momentum by developers to breathe life into Seneca Street.  Also, whatever purported benefit “a couple hundred bodies each and every day” would have on the broader South Buffalo community, it is disingenuous, at best, to imply that attracting over 500 individuals a day, every day, would improve the quality of life for the human beings – homeowners and renters – who call the adjacent streets “home.”


One last point needs to be made.  Scanlon not only ignored the concerns of his constituents who will bear the burden of placing a high school in their midst, he disregarded the questionable process used by his political contributors – I mean – Ellicott Development, and its client, WNY Maritime Charter School:


(1) Ellicott Development and the Maritime charter school engaged in a bait-and-switch transaction when the sale of the property was before the Common Council in October 2016, expressing a desire to construct one 45,000 sq. ft. building to house a gymnasium, and then replacing that scenario with a plan to add a 65,000 sq. ft. high school building (three-stories in height), a 24,000 sq. ft. athletic facility, and nearly 5 dozen additional parking spaces.


(2) The filing of site plan documents that omitted important and necessary information concerning existing conditions on- and off-site:  the location and scale of the nearby residences; the location of driveways on Buffum Street; and, the number and location of the “established trees” on site.


(3) Despite a grassy front lawn approximately 48’ deep, the developer violated the Green Code’s “posted notice” requirement by ignoring the mandate to post a sign “clearly visible from” and “within 10 feet” of Buffum Street.  Instead, the public notice was hidden in a classroom window more than 50’ from Buffum Street, obscured by the glare and light reflecting off the school window.


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It appears to me that Councilmember Scanlon is more interested in protecting the interests of the developer (who also happens to be an early and faithful campaign contributor), than preserving the quality of life and existing character and historical significance of the surrounding residential neighborhood.


With All Due Respect,


Art Giacalone

	


	

							



	

					
Comfy and colorful under the dome – South Buffalo’s Botanical Gardens
				

			Posted by Arthur J. Giacalone on December 31, 2017
					


		

						Posted in: South Buffalo, WNY Photos.			
			
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DSCN9167 - CopyIf you’re not in a hurry, and are yearning for a respite from the frigid cold, or a peaceful place to help forget about a stressful 2017, here’s a sampling of the pleasures at South Buffalo’s gem, the historic Buffalo & Erie County Botanical Gardens:


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With All Due Respect (and, wishes for a surprisingly positive 2018),


Art Giacalone


 

	


	

							



	

					
Buffalo must address homegrown bigotry
				

			Posted by Arthur J. Giacalone on August 21, 2017
					


		

						Posted in: Carl Paladino, Christopher Scanlon, City of Buffalo, South Buffalo.			
			
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The confluence of two stories persistently in the news this past week – the white nationalist rally in Charlottesville, VA and President Trump’s responses to the deadly violence, and State Education Commissioner Elia’s Aug. 17, 2017 decision to remove Carl Paladino from the Buffalo school board, and conjecture on the “real” reason for Paladino’s removal and the likelihood of success of an appeal from that ruling – begs me to ask: How should we, as Buffalonians, address signs of bigotry and hatred in our own neighborhoods and communities?


One need not journey to a former confederate state to be confronted by forceful symbols of the white supremacist movement.


Travelers on Indian Church Road, a block from Seneca Street in South Buffalo – whether on foot or bicycle or in a car – are reminded daily of that fact:


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The immediate “target” of this flag-waving expression of free speech are – it appears – the non-white attendees of the church diagonally across the street from this otherwise well-kept South Buffalo residence:


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There is no doubting the aggressive intent of the display of two large and one small confederate battle flags and a small “don’t tread on me” flag. A sign placed in the midst of waving flags proclaims to anyone who approaches the house: “WARNING – IF YOU CAN READ THIS, YOU ARE IN RANGE.”  Here is an (admittedly, poor-quality) image of the sign:


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There is also little doubt that the sentiments reflected in the display at the corner of Indian Church Road and Parkview Avenue reside in other hearts and minds in Western New York. A March 2016 article – based on racist language used on Twitter – ranked Buffalo, NY among the ten most racist cities in America. [Also see, “The most racist places in America, according to Google”, as well as an earlier post at this site.]


It was reassuring to learn that three elected officials who represent South Buffalo (where I have lived the past two years) – South District Common Council Member Chris Scanlon, Erie County Legislator Patrick Burke, and State Senator Tim Kennedy – participated in a prayer vigil on Wednesday August 16th in Durham Memorial AME Zion Church on Buffalo’s East Side. According to Buffalo News reporter Harold McNeil, speakers in attendance vowed that the hatred and bigotry that descended on Charlottesville on August 12th “will not be allowed to happen here.”


I sent an email to Messrs. Scanlon, Kennedy and Burke on August 17th, forwarding photos of the confederate flag display on Indian Church Road. So far, Pat Burke has responded, and he has expressed his interest in going to speak with the owner of the flag display.  I also had a constructive phone conversation this afternoon with a member of Tim Kennedy’s staff.


It is not clear to me what we can and should be doing in Buffalo when we experience symbolic expressions of racial animosity and resentment. I fully acknowledge the “right” of Americans to display whatever flags they wish. But, I also recognize that we – citizens and our elected officials – must find ways to reach out to our neighbors and family members to begin and sustain meaningful dialog and discussions to constructively address the learned hatred and biases that permeate all-too-much of our local and national psyche.


In the words of Nelson Mandela:


“No one is born hating another person because of the color of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.” ― Nelson Mandela, Long Walk to Freedom


With All Due Respect,


Art Giacalone


P.S.  I’m apparently not the only Western New Yorker to see a connection between the Charlottesville-spurred discussions concerning symbols of the Confederacy, and the toppling of Mr. Paladino from his high horse. See the whimsical cartoon drawn by the uber-talented Adam Zyglis – titled “Finally Removed” – posted at the Buffalo News website on August 17, 2017:   http://buffalonews.com/2017/08/17/adam-zyglis-finally-removed/.

	


	

							



	

					
Too Many WNY “Teachable Moments” – Time for “Learnable Moments” with Prof. Stacey Sutton
				

			Posted by Arthur J. Giacalone on October 18, 2016
					


		

						Posted in: City of Buffalo, Fruit Belt, Gentrification, South Buffalo.			
			
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The Moot Senior Center at 292 High Street – in the shadow of the Buffalo Niagara Medical Campus – will host a discussion on Wednesday, October 19, 2016, from 5:30 to 7:00 PM, entitled “Gentrification: A Social Justice Issue,” led by Prof. Stacey Sutton of the University of Illinois, Chicago’s College of Urban Planning & Public Affairs.  As  the event’s flyer, Gentrification-a-social-justice-issue, warmly requests: “Come to listen and to participate; bring your observations, questions, and thoughts regarding urban redevelopment; participate in positive change for Buffalo’s East Side and especially the Fruit Belt neighborhood.”


[Note:  This blog has discussed gentrification-related issues a number of times, including, for example, here, here, and here.]


Regarding the all-too-frequent “teachable moments” we find ourselves subjected to as residents of the Greater Buffalo, New York metropolitan area, what can be said.  As Buffalo News columnist Rod Watson wrote in a November 29, 2012 column, “[T]his is the region that backed the gubernatorial candidate who forwarded racist emails about the president and first lady.” [And, not surprisingly, that unsuccessful candidate for NY’s governorship is now a staunch backer and apologist for an equally unsavory Republican Presidential candidate.] Mr. Watson’s column, entitled “confronting-a-sign-maker-on-harsh-turf,” was a response to a hand-made sign exclaiming “VOTERS RENIGED” displayed in the front yard of a Town of Aurora retiree who was upset with the re-election of Barack Obama as our nation’s President.


Not long after Rod Watson’s column (which had been preceded by an article – “a sign-of-free-speech-or-of-racism?” – by Buffalo News reporter T.J. Pignataro), the conspicuously misspelled “Reniged” was replaced by “Reneged” – although the reverse side of the sign continued to shout: STILL NO PRESIDENT.


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A little unflattering publicity, apparently, can bring about some improvement. [At the time, hoping that would be the case, I used the Town of Aurora lawn sign incident as the impetus to write a letter-to-the-editor of the East Aurora Advertiser imploring Village of East Aurora residents (my neighbors, then) not to let “teachable moments” slip away. My missive focused on an unpleasant incident that many men, women and children had observed the previous summer during a soccer game between my twelve-year-old son’s East Aurora team and a team from a Yemini neighborhood in Lackawanna.]  [See advertiser-re-renige-sign-teachable-moment-12-03-12.]


Buffalo’s latest unsavory expression of racial disharmony occurred this past week a mile or two down Seneca Street from my current South Buffalo home. In an October 14th report under the eye-catching headline, “Trump supporter defends noose on his Seneca-Babcock lawn,” Western New Yorkers learned of an angry and unhappy man who erected a noose and gallows in his front yard in front of a Trump campaign sign and under a “#TRUMP MAFIA” banner.


A number of local politicians characterized the display as “clearly a racist symbol meant to invoke painful memories of lynching that have scarred the country for centuries.” In response to the criticism, the disgruntled resident insisted to the Buffalo News reporter that the noose display was not meant as a statement of racism, and that he was not a racist. Nonetheless, Buffalo Common Council Member Ulysses O. Wingo, Sr., who represents the predominantly African-American Masten District, gave the following assessment: “He clearly is sending a message that he doesn’t value black lives. Who else got hung with nooses in America? He is clearly not valuing black lives.”


Fortunately, the noose has been taken down. The avid Trump supporter explained to the Buffalo news that he “came to realize during a Bible class on Sunday afternoon the noose’s historical association with the lynching of African-Americans.” Whether motivated by Bible-class enlightenment, or the harsh media spotlight, removal of an expression of speech that brings such pain to neighbors and the broader community is a positive step.


Sadly, the 2012 lawn sign in East Aurora, and the controversial Seneca-Babcock noose and gallows, are far from the only displays of racial animosity in “The City of Good Neighbors.” A house at the corner of Indian Church Road and Parkview Avenue – kitty-corner from the BEREA Church of God in Christ – has displayed a Confederate flag from its front porch most every day for the 15 months that I have lived in the neighborhood. Perhaps in solidarity with the disgruntled Seneca-Babcock resident, the display at the Indian Church Road home was ratcheted up a notch this past week, waving not one, but two Confederate flags – an official one, and a battlefield flag. [There’s a useful history and description of the various Confederate flags at Wikipedia.]


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It is time for a break from these dreadful “teachable moments.”  I’m looking forward to Prof. Stacey Sutton’s learnable 90-minute discussion Wednesday evening at the Moot Senior Center.


With All Due Respect,


Art Giacalone


P.S.  The flag display at the northwest corner of Indian Church Rd. and Parkview Ave. in South Buffalo changed on or about October 19th from two versions of the Confederate flag to the following dual symbols of racial intolerance:  trump-confederate-flags


 

	


	

							



	

					
Voices of Neighbors must be heard prior to selling former Buffum St. school
				

			Posted by Arthur J. Giacalone on October 4, 2016
					


		

						Posted in: Carl Paladino, Christopher Scanlon, City of Buffalo, SEQRA, South Buffalo.			
			
							1 Comment
					


	


	

		
UPDATE:  Much has happened since I posted the following piece.  If this topic is of interest to you, I urge you to read two subsequent postings: https://withallduerespectblog.com/2018/10/15/cant-trust-city-hall-chris-scanlon-to-protect-the-buffum-street-neighborhood/ and https://withallduerespectblog.com/2018/06/11/councilmember-christopher-scanlon-serves-his-political-contributors-ignores-concerns-of-south-buffalo-residents/.


Buffalo’s Common Council – and, in particular, South District Councilmember Chris Scanlon – should not approve the sale of former School No. 70 on Buffum St. to an affiliate of Carl Paladino’s Ellicott Development company without first hearing from nearby residents in this quiet South Buffalo neighborhood – whether or not Mayor Byron Brown’s administration considers the leasing of the closed school property to an existing charter school as an appropriate use. 


My home is less than two blocks from Buffum Street – a well-kept and attractive residential street in the Cazenovia Park section of South Buffalo running three or four blocks between Seneca Street and Fields Ave.  I walk the length of Buffum virtually every day, so I’m very familiar with the lack of traffic on the street, and the presence of two historic gems, the Seneca Indian Park at its eastern end:


dscn7713and 83 Buffum St. – “The oldest house in South Buffalo” – a block from Seneca St.:


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I also am well aware of the presence of the former School No. 70 property on the north side of Buffum:


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Built in 1915, and, from all outward appearances, in excellent condition, the former elementary school is situated across the narrow street and four or five houses west of the Seneca Indian Park, and several houses east and across the street from the historic 83 Buffum St. site:


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From time to time, I’ve chatted with Buffum Street-area residents about the former elementary school, marveled about the size and beauty of the site, and wondered about its future.  None of the neighbors wished to see the century-old structure sit idle, but all were concerned about an incompatible use:


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To my surprise, while checking the City Common Council’s October 4, 2016 agenda (on the afternoon of Oct. 3rd), I discovered the following entry:






2194 : Abandonment and Report of Sale 102 Buffum Former School No. 70 Lot SIze: 437 X Irreg., Assessed Value: Land – $107,700, Improvements – $690,300, Total – $800,000; 1 Samson – Vacant Lot SIze: 255.37 X Irreg., Assessed Value: $9,400 and 123 Zittel – Vacant Lot Size: 10 X 10, Assessed Value: $1,400 (The “Property”) South District




102 Buffum Council attachments map pic and SEQR-09262016111032






I bicycled down Buffum St. after dinner on the 3rd, and, not surprisingly, discovered that the vast majority of neighbors were unaware of the imminent sale of the property to the Ellicott Development affiliate, or the fact that the papers filed with the Common Council offer the following information:


(1) The developer intends to lease the property to “an existing [unspecified] charter school.”  [Note:  The Maritime Charter School, which includes a high school, has been mentioned as a entity in search of a new home.]


(2) Ellicott Development’s plans include construction of a 45,000-square-foot building (including a gymnasium) and an athletic field.


(3) The developer’s “environmental assessment form” fails to mention the proximity of the school property to the Seneca Indian Park, and proclaims that the proposed action would NOT result in “a substantial increase in traffic above present levels.”


The submissions to the Common Council, apparently prepared by the City’s Department of Real Estate in conjunction with the Mayor’s Office of Strategic Planning, also contain the following disturbing statement:  “Pursuant to City Code Chapter 168-5.B(8) the City of Buffalo’s review ordinance exempts the sale of City property, under 50 acres, from SEQR [State Environmental Review Act] review by designating it a Type 2 Action.”  


In my opinion, excluding the sale of all city property under 50 acres in size from the scrutiny and public participation intended by SEQR – which defines “environment” broadly to include the existing neighborhood character and traffic levels – violates the intent and requirements of the State environmental review law.  As such, the exemption is unlawful.  The City of Buffalo’s environmental review ordinance may not provide its residents with less protection than is envisioned by the State’s regulations, which do NOT exclude such significant land dispositions from environmental review.  Also, separating the step of selling the land from the project sponsor’s proposed use of the property constitutes “segmentation” of an action, unlawful under SEQRA.


The neighbors surrounding the former School No. 70 site deserve better from their public officials!


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I urge the Common Council to refrain from taking any steps to approve the sale of this significant public asset until the voices of the surrounding neighborhood can be heard.


With All Due Respect,


Art Giacalone