With All Due Respect

Sunday Stroll Interrupted (often)

Posted by Arthur J. Giacalone on October 17, 2021

Posted in: Cazenovia Park, Olmsted Parks, South Buffalo, WNY Photos. Leave a comment

My 35 minute walk this morning took me an hour and a quarter. My septuagenarian legs were working fine, but no matter how hard I resisted the urge, my eye kept finding something interesting, unusual, or just plain beautiful. So I would stop, slip my smartphone out of my pocket, and snap a picture.

Here are the results (with a bit of a narrative):

My stroll began in its usual direction, heading a block away from my home to the Seneca Indian Park on Buffum Street. This hundreds-of-years-old black walnut tree is a favorite of mine:

Directly across from the ancient Indigenous burial ground, set back a distance from Buffum, is the home of a friend of mine, always a welcoming sight. And, today her front yard was graced by five or six deer (I think one member of this four-legged clan scampered out before I could take the photo):

As I headed down Buffum towards Seneca Street, I couldn’t help notice the cloud formations beyond the roof lines::

But houses aren’t required for me to appreciate the clouds enveloping Cazenovia Park:

As I headed towards the far (south) side of Caz Park, I crossed the Cazenovia Street bridge, and saw a lone fisherman in the distance:

But my head was soon back in the clouds (including a seemingly angry “mass of particles of condensed vapor”):

Although autumn colors are taking their time arriving in my neck-of-the-woods, I noticed some hints of fall:

But here’s my favorite scene from today’s longer-than-expected walk:

Tomorrow I’ll do my best to walk at a steady pace and, perhaps, work up a sweat.

With All Due Respect,

Art Giacalone

Truth, Reconciliation, and an “Every Child Matters” Remembrance Walk

Posted by Arthur J. Giacalone on October 1, 2021

Posted in: Uncategorized. 2 Comments

September 30, 2021 was “National Day for Truth and Reconciliation” in Canada. The day has been observed for several years by our northern neighbor’s Indigenous peoples. This year, however, marked the first “official” recognition of the day by the Canadian government, a collective response to the shocking news earlier in 2021 that thousands of children forcibly removed from their families died at “residential schools” and were buried in unmarked graves.

The disgraceful practice of removing Native American children from their families and homes and compelling them to attend boarding schools – in order to strip them of their language, culture, and sense of pride – began, not in Canada, but in the United States, and is part of the colonial legacy in both Canada and the USA. This inhumane treatment of Indigenous children (and, thus, their families, clans, and nations) has resulted in intergenerational trauma, as explained by Paul Smith, a freelance writer and citizen of the Métis Nation, in an op-ed piece recently published in the Guelph Mercury Tribune:

Poverty, disproportionate child welfare apprehensions, over-incarceration, low graduation rates, high suicide rates, poor health status are all a legacy of residential schools and ongoing colonial policies. Current treatment of children in all these institutions is a focus for many of the Calls to Action of the Truth and Reconciliation Commission and the Calls for Justice of the National Inquiry into Missing and Murdered Women and Girls.

A powerful and irrefutable slogan – Every Child Matters – has become a tangible and accessible symbol of hope and solidarity within the truth and reconciliation movement. A Remembrance Walk – sponsored by the Seneca Gaming Corporation – took place in Niagara Falls, USA yesterday evening in honor of residential school survivors and in memory of those who did not survive. Several thousand walkers participated in the event, many of whom wore orange shirts proclaiming “Every Child Matters.” [Today’s Buffalo News includes an article that explains the symbolism of the orange shirt under the headline, “Students honor Indigenous children victimized in schools.“]

I was among the walkers. And, I was embarrassed by the fact that I had forgotten to wear an orange top until a youthful grandmother, proudly carrying her beautiful, four-month-old grandson so that he also could see the sea of people, assured me that the important thing was that I was there to remember.

Here are images of the Remembrance Walk, capturing, I hope, not only the warm and embracing mood of the crowd, but the serenity that I don’t ever recall experiencing in the past when visiting Niagara Falls’ famous cataracts.

IMG_9151 (2)

With All Due Respect,

Art Giacalone

Cities, towns and villages have limited, but important, opt-out and zone-out powers under NY’s cannabis law

Posted by Arthur J. Giacalone on September 29, 2021

Posted in: Cannabis. Leave a comment

[This posting is not intended to be legal advice, or a substitute for consultation with a lawyer, but I hope you’ll find it informative.]

The focus last spring when New York State enacted the Marijuana Regulation & Taxation Act [MRTA] was on the “adult-use” aspect of the law – that adults 21 years of age or older may legally use and possess cannabis. Attention was also shown the social and economic equity aspects of the new cannabis law, its recognition of the devastating collateral consequences and racially disparate impact of existing cannabis laws, and MRTA’s goal of promoting racial, ethnic and gender diversity.

But the media rarely addressed the many other questions raised by MRTA, from where cannabis-related facilities – such as retail shops and “pot farms” – will be located, to what role, if any, local communities, residents and taxpayers will have in the decision-making process.

To understand what powers local municipalities have or don’t have under MRTA, one needs to know the types of activities requiring a license to operate under the nascent cannabis law. [Note: I will not be writing here about medical marijuana or hemp, subjects also included in the comprehensive legislation]. The primary activities, as defined at Section 3 of MRTA, are:

– Cultivation, the growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis.

– Processing, the extraction of concentrated cannabis and/or compounds, and the blending, extracting, or otherwise manufacturing concentrated cannabis or cannabis products (such as edibles or vaporization oil).

– Distribution, the selling at wholesale of cannabis and/or cannabis products (except medical cannabis).

– Retail sale, the selling at retail of adult-use cannabis and cannabis products to cannabis consumers.

– On-site consumption, the consumption of cannabis (smoking or vaping) in an area licensed under MRTA.

Local Municipalities and Adult-use Retail Dispensaries & On-Site Consumption

A. Opt-out Potential.

Not surprisingly, municipalities have no authority to make adult-use of cannabis illegal within their boundaries. And, of the five activities outlined above, MRTA provides a city, town, or village the power to “opt-out” of – that is, choose to prohibit from locating within their jurisdiction – only two categories of adult-use cannabis activities, “retail dispensaries” and “on-site consumption.” [MRTA Section 131(1)]

But the authority to opt-out comes with two major caveats: First, a municipality must pass a local law by December 31, 2021 to opt-out of allowing adult-use cannabis retail dispensaries and/or on-site consumption operations withing its boundaries. If it doesn’t, the city, town, or village will be unable to opt-out at a later date. Second, any local law opting out of adult-use retail dispensaries or on-site consumption licenses is subject to a permissive referendum, pursuant to Section 24 of the Municipal Home Rule Law, giving local voters the ability to petition for the right to decide whether or not to approve the local law. [MRTA Section 131(1)-(2)]

Given the fast-approaching December 31, 2021 deadline for enactment of local laws opting out of retail dispensaries or on-site consumption sites, local officials – as well as, residents and organizations interested in educating or influencing their local representatives concerning the opt-out issue – do not have the luxury of zoning out, daydreaming, or otherwise ignoring this one-time option.

B. Time-Place-Manner Regulations.

Municipalities do not face an all-or-nothing decision regarding retail dispensaries and on-site consumption operations. The MRTA allows villages, towns, and cities to adopt regulations – through its local zoning powers – addressing the time, place and manner of such activities. Here is how that authority is described by the Office of Cannabis Management:

[T]owns, cities and villages are permitted to pass local laws and regulations governing the time, place and manner of adult-use retail dispensaries and on-site consumption licenses provided that the local law and regulations do not make the operation of the license unreasonably impracticable as determined by the Cannabis Control Board. For example, cities, towns, and villages are permitted to pass laws and regulations pertaining to local zoning and the location of licensees, hours of operations and adherence to local building codes. Municipalities may not issue local licenses to cannabis licensees. [Emphasis added.]

[See the NYS Office of Cannabis Management’s take on what is in the cannabis law relating to local governments here.] Note: In contrast to the December 31, 2021 mandated deadline for opting-out of retail dispensaries and on-site consumption sites, MRTA does not set a date by which time-place-manner regulations must be adopted by local municipalities.

As indicated in the above quote, the regulations adopted by a local municipality must not be “unreasonably impracticable,” and it is the state’s Cannabis Control Board that will determine whether a municipal regulation has breached this undefined and remarkably imprecise standard.

When deciding whether or not to adopt specific local laws or regulations regarding retail dispensaries and/or on-site consumption, municipal officials should be aware that that the cannabis law itself contains – for lack of a better term – a number of time, place, and manner restrictions, including, for example, the following:

– ” No premises shall be licensed to sell cannabis products, unless said premises shall be located in a store, the principal entrance to which shall be from the street level and located on a public thoroughfare in premises which may be occupied, operated or conducted for business, trade or industry.” [MRTA Section 72(5)] Note: MRTA does not contain a similar provision regarding the location of on-site consumption facilities.

– “No cannabis retail licensee shall locate a storefront within five hundred feet of school grounds as such term is defined in the education law (of the State of New York) or within two hundred feet of a house of worship.” [MRTA Section 72(6)]

– “No cannabis retail licensee shall sell alcoholic beverages, nor have or possess a license or permit to sell alcoholic beverages, on the same premises where cannabis products are sold.” [MRTA Section 85(3)] Note: “Cannabis product” means cannabis, concentrated cannabis, and cannabis-infused products for use by a cannabis consumer.” [MRTA Section 3(9)]

– “No applicant shall be granted an adult-use on-site consumption license for any premises within five hundred feet of school grounds as such term is defined in the education law (of the State of New York) or within two hundred feet of a house of worship.” [MRTA Section 77(4)]

– In addition to prohibiting adult-use cannabis advertising and marketing “designed in any way to appeal to children or other minors,” advertising and marketing is prohibited “within or readily observed within 500 feet of the perimeter of a school grounds, playground, child day care providers, public park, or library.” [MRTA Section 86(2)(d) & (e)]

There are a variety of approaches a city, village, or town might consider in order to regulate adult-use cannabis retail dispensaries and on-site consumption sites, including, for example:

(1) limiting the zoning districts in which such activities are allowed (e.g., permitting such activities “by right” only in specified commercial and/or industrial districts);

(2) prohibiting either or both activities within specified distances from residential districts, existing residences, schools, playgrounds, parks, day care facilities, houses of worship, etc.; and/or

(3) requiring all retail dispensary or on-site consumption licensees to obtain a “special use permit” from the designated municipal body, clearly identifying specific criteria that must be met regarding each activity to ensure that the activity is not detrimental to nearby properties or the zoning district in which it would be located.

In drafting and adopting local laws or regulations pertaining to adult-use activities, it is important to remember that MRTA expressly provides the Cannabis Control Board with the power to determine whether or not local enactments “make the operation of such licensed retail dispensaries and/or on-site consumption sites unreasonably impracticable.” [MRTA Section 131(2)] A municipality’s legislative body must find a balance between regulating time, place, and manner in a reasonable fashion, and trespassing upon the CCB’s sole authority to determine whether or not a potential licensee has met the statutory criteria for issuance of a particular license.

C. Notification to municipalities.

MRTA contains a provision requiring a potential applicant to alert a local municipality of its intention to seek a license for a premise located within its jurisdiction. [MRTA Section 76] There is, however, an ambiguity in the cannabis law. The title of the section reads, “Notification to municipalities of adult-use retail dispensary or on-site consumption license.” However, the text (which is not well written) refers to “filing an application for licensure as an adult-use dispensary or registered organization [pertaining to medical cannabis], adult-use cultivator processor distributor retail dispensary or an on-site consumption licensee.” [Note: New York’s appellate courts have consistently held that it is the language of the text, not the title or subtitle, that controls how a statutory provision is to be interpreted.]

This is what the Office of Cannabis Management currently says about the notification provision:

At least 30 days prior to applying for an adult-use retail dispensary or on-site consumption license, an applicant must notify the municipality of the applicant’s intent to apply for such license. The notification must be made to the clerk of the village, town, or city, or if in the city of New York, the community board in which the proposed premise is located. When the municipality expresses an opinion for or against the granting of the license, the opinion shall be deemed part of the record and used by the OCM to determine whether to grant or deny the application. The Cannabis Control Board must then respond in writing to the city, town, village, or community board, with an explanation of how such opinion was considered in the granting or denial of an application.

Given the pervasiveness of MRTA’s preemption of local authority (discussed next), and the potential adverse impacts large adult-use cannabis cultivation and processing facilities may have on the environment, on utilization of energy, and on social and economic equity goals, it is critical that Section 76’s notification provision be liberally construed to include all adult-use cannabis activities. [See the discussion in my April 6, 2021 post regarding a 1.3 million square-foot cannabis cultivation and processing facility proposed for location at the southern end of Buffalo’s Outer Harbor.]

Local Municipalities and Cultivator, Processing, & Distributor Licenses

MRTA prohibits cities, towns, and villages from opting out of adult-use cannabis licenses for cultivation, processing, and distribution. Other than the limited exceptions relating to retail dispensaries and on-site consumption sites, all municipalities – including counties – are preempted by New York’s cannabis law from adopting any rule, ordinance, regulation, or prohibition pertaining to the operation or licensing of adult-use cannabis. [MRTA Section 131]

Whether or not the Office of Cannabis Management and/or the Cannabis Control Board expressly acknowledge that MRTA’s “Notification to municipalities” requirement applies to cultivation, processing, and distribution licenses, it would make sense for concerned municipalities to express their concerns in writing to the OCM and CCB. Such submissions should emphasize the ways in which the proposed license would fail to promote public convenience and advantage, public health and safety, and the public interest of the community, or would conflict with or adversely impact the various criteria and interests embodied in MRTA. The following is a partial list of MRTA’s selection criteria and statutory interests:

– preventing access to cannabis by those under the age of twenty-one years [MRTA Section 13(3)(a)];

– the promotion of social and economic equity, by prioritizing consideration of applications by applicants who are from communities disproportionately impacted by the enforcement of cannabis prohibition or who qualify as a minority or women-owned businesses, distressed farmers, or service-disabled veterans. [MRTA Sections 87(1), 10(2)];

– the avoidance of market dominance [MRTA Section 10(2)];

– furthering the public interest by limiting the number, classes, and character of licenses in proximity to each other, and within a particular municipality or geographic area [MRTA Section 64(1)(g)(ii)];

– the effect of granting a license on pedestrian and vehicular traffic and parking in proximity to the location [MRTA Section 64(1)(g)(iv)];

– the effect of granting a license on existing noise levels at the location [MRTA Section 64(1)(g)(v)];

– the goals of increasing climate resiliency, and minimizing or eliminating adverse environmental impacts, including water usage, energy usage, carbon emissions, waste, pollutants, harmful chemicals, and single-use plastics [MRTA Section 64(1)(g)(vi)];

– for adult-use cultivator or processing licenses, the environmental and energy impact of granting a license, including compliance with energy standards [MRTA Section 64(1)(k);

– for adult-use on-site consumption licenses, the absence of a demonstrated need for spaces to consume cannabis. [MRTA Section 77(5)(d)]

Limitations on adult use of cannabis

Although a bit off-topic, this posting will end with a brief summary of how smoking and vaping of adult-use cannabis is still restricted in New York State.

MRTA amends other New York State laws to make it lawful to smoke or vape cannabis in private homes, private residences, private automobiles, and in a hotel or motel room rented to one or more guests. [See amended Public Health Law, Section 1399-q.] Nonetheless, officials – and New York State’s residents – should be aware of the ways in which the enactment of NY’s cannabis law does not make the smoking or vaping of cannabis automatically lawful everywhere within the Empire State:

(1) As expressed at Section 2 of MRTA (“Legislative findings and intent”), “Nothing in this act is intended to limit the authority of any district, government agency or office or employer to enact and enforce policies pertaining to cannabis in the workplace; to allow driving under the influence of cannabis; to allow individuals to engage in conduct that endangers others; to allow smoking cannabis in any location where smoking tobacco is prohibited; or to engage in any conduct that violates federal law or to exempt anyone from any requirement of federal law or pose any obstacle to the federal enforcement of federal law.” [MRTA Section 2]

(2) The MRTA legislation amends New York’s Indoor Clean Air Act [Public Health Law, Article 13-E] to add cannabis, and, by doing so, prohibits the smoking or vaping of adult-use cannabis anywhere smoking and vaping of tobacco is prohibited. That includes, for example, all schools and school grounds, colleges and universities, places of employment, bars, restaurants (with narrow exceptions), public transportation, hospitals, public and private offices, all indoor arenas, and zoos. [For additional information, see Guide to the NYS Clean Indoor Air Act ]

With All Due Respect,

Art Giacalone

BuffNews Editorials Helped Enable Cuomo and Albany’s Corrupt Environment

Posted by Arthur J. Giacalone on August 17, 2021

Posted in: Andrew Cuomo, Buffalo News, Political Corruption, Zephyr Teachout. Leave a comment

Within days of Gov. Andrew Cuomo’s announcement that he would resign his post as New York State’s chief executive, the Buffalo News ran an editorial describing the atmosphere in our state’s capital as “an environment long drenched in corruption and entitlement.” As I read the opinion piece, I was struck by its hypocrisy, and crafted a letter-to-the-editor in response.

Not surprisingly, my 300-word submission has not seen the light of day, and will almost certainly not be published in the newspaper’s “Everybody’s Column.” I’d like to share my thoughts with the readers of this blog. Here’s my L-T-E. to which I’ve added links to the editorials referenced in it, and an image or two:

August 12, 2021

Dear Editor,

This newspaper’s August 11, 2021 editorial – with its August 12^th print-version headline, “Fixing Albany” – states that a change in Albany’s culture will come “by virtue of the ethics and good sense of its elected leaders.” Ironically, the positions expressed by the editorial board and staff of the Buffalo News during Gov. Andrew Cuomo’s tenure in office have contributed to our state’s environment of corruption.

[Gov. Cuomo’s ironic slogan, “Restoring Public Trust”]

In July 2014, an editorial characterized the Governor’s efforts to hinder the activities of the Moreland Commission – an entity he established to investigate corruption in Albany – as “not just disappointing,” but “shameful.” A mere three months later, the editorial staff endorsed Cuomo’s re-election, calling him “surely the best friend Western New York has ever had in the governor’s office.” While sheepishly admitting, “we wish he had handled the Moreland Commission issue better,” such transgressions were forgiven given the Governor’s “remarkable focus” on rebuilding WNY’s economy through the Buffalo Billion.

Both the 2014 and 2021 editorials recognize that merely “swimming” in Albany’s “polluted waters” encourages unethical and self-serving behavior. Nonetheless, in August 2014 the editorial page set aside its customary practice of not making endorsements in primary elections to urge voters to choose Cuomo over Fordham law professor Zephyr Teachout. While Teachout – one of our nation’s leading experts on corruption – was described as thoughtful, energetic, and interesting, she was dismissed by the editorial staff as “a political novice.”

[Zephyr Teachout at 2014 fundraiser in East Aurora]

In July 2018, the editorial board attempted to distance the Governor from the “Buffalo Billion scandal” following the conviction of two Cuomo allies, Louis Ciminelli and Alain Kaloyeros. Acknowledging that the convictions “will become fair game” for gubernatorial candidates later that year, the opinion piece proclaimed: “But it’s important to draw a distinction between valuable economic development and the corruption that may come to play.

I strongly disagree. Economic ends never justify a politician’s unethical means.

Sincerely,

Arthur J. Giacalone

Thanks for reading my piece.

With All Due Respect,

Art Giacalone

“Stupid” selection process continues as party leaders deny WNY voters choice in selecting Supreme Court judges

Posted by Arthur J. Giacalone on August 13, 2021

Posted in: Judiciary, Stupidity. Leave a comment

Under the headline, “Bipartisan deals again guarantee win for Supreme Court candidates,” Buffalo News political reporter, Bob McCarthy, reports in this morning’s newspaper how the voters in Western New York will once again have no choice in determining the selection of State Supreme Court justices. Leaders of the Republican, Democratic and Conservative parties have “cross-endorsed” four candidates for four openings. As McCarthy reports, “[T]he bipartisan backing allows all four to run unopposed and guarantees their election in November.”

The U.S. Supreme Court concluded thirteen years ago that New York’s process for determining the options available to its electorate when voting on State Supreme Court jurists does not violate the First Amendment. Perhaps the best known expression of disdain for New York’s judicial selection process came from the pen of Associate Justice Stephen Breyer. While concurring with Justice Scalia’s 2008 opinion in NYS Bd. of Elections v. Lopez Torres – that the Empire State’s system is not violative of the First Amendment – Justice Stevens, joined by Justice Souter, made the following observation:

“While I join Justice SCALIA’s cogent resolution of the constitutional issues raised by this case, I think it appropriate to emphasize the distinction between constitutionality and wise policy. Our holding with respect to the former should not be misread as endorsement of the electoral system under review, or disagreement with the findings of the District Court that describe glaring deficiencies in that system and even lend support to the broader proposition that the very practice of electing judges is unwise. But as I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: ‘The Constitution does not prohibit legislatures from enacting stupid laws.’”

Stupid and unwise seems accurate to me. But my criticism of the selection process for these important judicial positions is not aimed at the four anointed candidates, so I will not name them here. I will, however, point out that each has been guaranteed a fourteen-year post with a $210,900 annual salary.

Rather than reinvent the wheel in setting forth my critique of New York State’s flawed system of selecting Supreme Court justices (who are the trial court judges, despite their lofty title), I will direct you to my May 5, 2016 posting on this topic and beyond: “NY’s System of Selecting Judges Isn’t the Only Obstacle to Assuring an Ethical Judiciary.” That piece includes the following reflection on

With All Due Respect,

Art Giacalone

Andrew Cuomo’s Resignation – Restoring Public Trust and His Daughters’ Faith

Posted by Arthur J. Giacalone on August 10, 2021

Posted in: Andrew Cuomo. Leave a comment

Two themes have often recurred in Gov. Andrew M. Cuomo’s discourse: public trust and the importance of family.

Both subjects played an important role in his New Year’s Day inaugural address in 2015. The speech was entitled “The Family of New York,” and the Governor emphasized the phrase, “trust is government’s lifeblood.” That latter term – expressing such a lofty and self-evident concept – seemed both ironic and hypocritical to me coming from the lips of a political figure who had done so many things to weaken the public’s (or, at least, my) confidence in its government. [I’ll insert below links to a number of my writings expressing dissatisfaction with Andrew Cuomo’s approach to governance.]

The concept of restoring the public’s trust in its political leaders was so significant to the son of the late-Gov. Mario Cuomo that Andrew adopted it as a motto for his 2014 re-election campaign.

Restoring Trust - gray photo0001

The word “family” has been used both literally and figuratively by Gov. Cuomo. Yes, he has spoken broadly and grandly of the family of New York, of its strength and resilience. But, not even an Andrew Cuomo skeptic such as myself could doubt the love, admiration, and concern for his three daughters – twins Mariah and Cara, and the youngest, Michaela – expressed during his daily Covid-19 briefings in the spring of 2020 (his moment of national acclaim), and repeated during his resignation announcement around noon today.

Gov. Cuomo Announces Resignation 08-10-2021

I realize that many – if not most – New Yorkers and pundits were surprised that the man known for his defiant and arrogant personality reached the decision to resign his post as governor (effective in fourteen days). But, frankly, I wasn’t.

Last evening, I re-read many of the articles and posts I had penned concerning the abrasive and deceptive governor. That exercise left two thoughts in my mind: the Governor’s oft-expressed desire to restore public trust, and his love for his daughters (who are about the same age as my children). I realized that resignation – sooner, rather than later – would be the only way that Andrew Cuomo, the politician, could start the process of restoring the confidence of New Yorkers in the process of governing, and the most fruitful way that Andrew Cuomo, the father of three young women, could begin the healing of any damage that may have been done to his daughters’ faith in their father by the allegations of sexual harassment and Attorney General Letitia James’ investigation report.

With All Due Respect,

Art Giacalone

P.S. Here are links to some of my writings regarding the soon-to-be former Governor:

https://withallduerespectblog.com/2019/02/22/buffnews-editors-give-cuomo-a-free-pass-on-amazon-hq2-riverbend/

BuffNews editors give Cuomo a free pass on Amazon HQ2 & RiverBend

https://withallduerespectblog.com/2018/07/14/buffalo-billion-verdict-spell-checking-hand-wringing-bid-rigging-and-beyond/

Buffalo Billion Verdict: Spell-checking, Hand-wringing, Bid-rigging and beyond

https://withallduerespectblog.com/2017/04/27/environmental-protection-steamrolling-vs-streamlining/

Environmental protection: Steamrolling vs. Streamlining

https://withallduerespectblog.com/2016/06/01/guess-what-gerry-buchheit-has-in-common-with-jeremy-jacobs-sr-and-the-pegulas/

Guess what Gerry Buchheit has in common with Jeremy Jacobs Sr. and the Pegulas?

https://withallduerespectblog.com/2015/10/13/really-sam-hoyt-and-george-maziarz-together-on-an-obscure-hydropower-panel/

Really, Sam Hoyt and George Maziarz together on an “Obscure Hydropower Panel”?

https://withallduerespectblog.com/2015/04/21/adam-zyglis-pulitzer-prize-winner-pulls-no-punches/

Adam Zyglis – Pulitzer Prize Winner Pulls No Punches regarding Andrew Cuomo

https://withallduerespectblog.com/2015/03/19/1044/

Buffalo’s “Economic Rebirth” Provides a Dubious Lesson for Upstate New York

https://withallduerespectblog.com/2015/02/19/cuomo-attempts-to-reduce-three-men-in-a-room-to-one-with-his-linkage-budget/

Cuomo Attempts to Reduce “Three Men In A Room” to One with his “Linkage” Budget

https://withallduerespectblog.com/2015/01/08/information-delayed-is-information-and-justice-denied/

The Cuomo Administration’s refusal to provide access to Peace Bridge expansion documents enhances public’s distrust of government

https://withallduerespectblog.com/2014/08/29/sam-hoyts-apology-for-his-brainwash-comment-raises-questions-for-his-boss-gov-andrew-cuomo/

Sam Hoyt’s Apology for his “Brainwash” Comment raises Questions for his Boss – Gov. Andrew Cuomo

https://withallduerespectblog.com/2014/08/21/cuomos-approach-to-peace-bridge-expansion-reveals-pattern-of-deception-abuse-of-power/

Cuomo’s Approach to “Peace Bridge Expansion” Reveals Pattern of Deception, Abuse of Power

https://withallduerespectblogdotcom.files.wordpress.com/2014/01/pb-cuomo-et-al-bullying-june-2013.pdf

“King Andrew” Sixty Years Too Late to Control New York/Canadian Border

https://withallduerespectblogdotcom.files.wordpress.com/2014/01/pb-right-to-clean-air-not-signature-bridge-july-2011.pdf

Residents Have ’Right’ to Clean Air and Good Schools, Not a ‘Signature’ Bridge

Buffalo News’ flawed and biased journalism – who is watching the “watchdog”?

Posted by Arthur J. Giacalone on July 26, 2021

Posted in: Buffalo News, Byron Brown, City of Buffalo, India Walton. Leave a comment

The Buffalo News displayed its flawed and biased journalism – and willingness to engage in junkyard-dog politics – with its July 19 through 21 articles aimed at undermining India Walton’s mayoral campaign.

Under the ironic caption, “Buffalo News Watchdog,” the newspaper splashed across the top of its June 20, 2021 front page the following headline:

Drug complaint probed at Walton’s apartment in ’18 – Man who stayed at house did time for selling coke

Not only does the ambiguous subheading imply a non-existent link between the 2018 “drug complaint” at the mayoral candidate’s former apartment and the cocaine conviction, it is not until the third paragraph of the article that readers are told that the police found no evidence of drugs being sold at Walton’s house, and that neither India Walton, nor the “man who stayed at [her] house,” were charged with any crime. [The on-line version of the article, was published July 19, 2021 under the tamer headline, “Mayoral candidate Walton left rental in ’18 after landlord accused friend of dealing drugs from house.“]

This sensationalized “story” was based on the allegations of a landlord “who did not want his name used,” who admits that he never saw drugs or drug activities at the house, and who based his concerns on the word of an unnamed “lady next door.” Most significantly, as noted above, the police reports obtained by the Buffalo News “do not indicate that police had proof of drugs being sold in Walton’s home.”

In a nutshell, proof of any wrongdoing by India Walton is totally absent. And, the public has no way of knowing what if any connections may exist between the anonymous landlord and Byron Brown. In such a situation, an unbiased and responsible news organization would not have published the original article.

But, irresponsible accusations and innuendo have a life of their own. Equivocation by Erie Democratic Party Chairman Jeremy J. Zellner, regarding the Democratic party’s continued support of Ms. Walton’s campaign, provided the Buffalo News the opportunity to print a second story on July 21, 2021. This time the headline adorned the top of its local section: “Dems mull questions over Walton friend – Zellner to weigh input on party’s ‘concerns’.” The article that followed began in an intentionally eye-catching fashion: “An allegation of drug activity at a house rented by Democratic mayoral nominee India B. Walton three years ago cast new perspective on her campaign…”

Zellner, as Democratic Party chairman, should have expressed outrage at the Buffalo News for its irresponsible front page accusations against the winner of the Democratic primary for the Mayor of Buffalo. City of Buffalo residents deserve stronger and more forceful leadership than what the chairman exhibited this past week.

The biggest problem we have in Western New York, however – if we wish to see a fair and honest mayoral campaign – is the reality that our region’s self-appointed “watchdog” needs a watchdog of its own.

With All Due Respect,

Art Giacalone

India Walton’s values will open City Hall to its residents

Posted by Arthur J. Giacalone on July 12, 2021

Posted in: B-N Medical Campus, Buffalo News, Byron Brown, City of Buffalo, Fruit Belt, Gentrification, Green Code, Nadine Marrero, TM Montante Development. Leave a comment

[The Buffalo News published this article in its “Another Voice” column on-line on July 12, 2021, and in the July 13, 2021 print version of the newspaper. The two versions are not identical, with each eliminating portions of my original submission. I will provide the full version of my piece below, using burnt orange text for the portion missing from the on-line version in the BN, and green for the sentences eliminated in the print version. I will also add a few supporting links below.]

https://buffalonews.com/opinion/another-voice-india-walton-s-values-will-open-city-hall-to-its-residents/article_5c215b70-e31d-11eb-a037-d71562707eb9.html

Another Voice: India Walton’s values will open City Hall to its residents

Arthur J. Giacalone

Mayor Byron Brown recently told the Buffalo News editorial board of his desire “to make Buffalo one of the best post-pandemic places to live, work, raise a family and invest.” His write-in campaign speaks of “the incredible momentum and progress his administration has achieved.”

The numbers don’t support such a rosy assessment of the four-term mayor’s accomplishments.

For most Americans, homeownership is the primary form of investment. Nationwide, nearly 64% of residents own their homes. The percentage of homeowners in Buffalo has decreased steadily from an already-low 45% in 2010, to 40.7% in 2019. In other words, nearly three of five residents in the city where Brown has been mayor since 2006 are renters.

In 2019, 30.1% of Buffalonians were living in what the federal government defines as poverty, a rate nearly three times that of our nation as a whole. White, non-Hispanics constitute more than a quarter of Buffalo’s poor.

Most troubling, Buffalo has the second highest percentage of childhood poverty of all major American cities, 43.4%. Only Cleveland’s rate is higher. In 2005, the year prior to Brown becoming the city’s chief executive, the child poverty rate was “only” 37.5%. In 2016, six cities had a higher percentage of their youth living in poverty than Buffalo. Five of those six mayors found ways to improve their standing.

These disturbing trends have occurred during Brown’s tenure despite – or, perhaps, as a result of – his administration’s stridently pro-developer perspective.

India Walton’s platform is centered on people, and a belief that housing, health care, healthy food and a quality education are basic human rights. Her energies will not be spent concocting ways to provide tens of millions of dollars of tax abatements to politically connected developers, as the Brown administration did when it attempted to bail out a distressed private developer by declaring the Gates Circle area “blighted.”

Economic development under Walton will focus on neighborhood-driven projects. She will not ignore the harmful aspects of gentrification that have burdened the residential streets adjoining the Buffalo Niagara Medical Campus. Her administration will not encourage project sponsors to circumvent the standards established in Buffalo’s Green Code.

Most importantly, Buffalo’s iconic City Hall will no longer be hostile toward its residents. Communities will be provided tools to help establish ground-up neighborhood planning efforts. Affordable housing will be championed, and Walton will not be dissuaded by the corporate elite from proposing mandatory inclusionary housing laws that require developers to set aside a set percent of units in new or refurbished buildings for lower-rent apartments.

Lastly, the 60% of Buffalonians who rent their homes will no longer be left out of the zoning and planning process. Working with the Common Council, the Walton administration will amend the provision in Brown’s Green Code that mails public hearing notices to absentee landlords, but not to tenants.

With All Due Respect,

Art Giacalone

The Riverline Neighborhoods Await Transformation

Posted by Arthur J. Giacalone on June 12, 2021

Posted in: Brian Higgins, City of Buffalo, South Buffalo, WNY Photos. 2 Comments

U.S. Rep. Brian Higgins recently indicated that he would like to see “The Riverline” project receive $10.5 million from President Joe Biden’s proposed highway bill. Are you wondering that “The Riverline” is? The Western New York Land Conservancy – a not-for-profit land trust that is developing the project – describes The Riverline as a “a nature trail and greenway” that will transform the abandoned DL&W rail corridor and link downtown Buffalo to the Buffalo River.

The 1.5-mile greenway will traverse three working class Buffalo neighborhoods, Perry, The Old First Ward, and The Valley. While they have experienced economic and social stress for decades, the Land Conservancy envisions The Riverline assisting these neighborhoods build “a shared future of equity, opportunity, and prosperity.”

(WNYLC)

You can learn much about The Riverline concept – “a vision created by the community” – by visiting the Land Conservancy’s website and immersing yourself in the project’s design drafts. The renderings are detailed, informative, and intriguing. You’ll discover that the linear trail will have gateway entries, bridges, and two miles of paths. Conceived primarily as a refuge – with nature trails and wildlife views – The Riverline will include an abundance of gardens (of both the neighborhood and butterfly variety), as well as passive recreation areas.

But the zoning-law-attorney in me needed to experience something beyond concept drawings. I’ve learned from decades of assisting residents in communities throughout Western New York that nothing beats a “site visit” if I want to truly begin to understand a neighborhood and imagine the impact of a proposed project (even if the site visit is a mile-and-a-half long).

So, despite the daunting heat predicted for later that day, I spent 2 or 3 hours on June 7th walking the neighborhoods that will be touched by The Riverline, taking photos, and making mental connections between the colorful concept drawings and the real world. The images that follow will be “organized” into three groupings, reflecting the Riverline’s three sections, The Del, The Juncture, and The Basswoods.

THE DEL

The Riverline begins at the corner of Moore and Miami streets, and proceeds in a southeasterly direction, initially on the north side of Miami Street, then on Miami’s south side, with an elevated berm eventually dropping to street level at Louisiana, Alabama, and Hamburg streets. Here’s the view looking east down Miami St. from Moore St.:

Just steps away, at Ohio St. and Moore, you’ll find the Buffalo River Fest Park:

And, as you peer down Miami St. from Moore, this is what is right behind you:

As you head easterly down Miami St. towards Chicago St., The Riverline will be on your left:

And here’s the scene on your right:

This is the view looking westerly back down Miami once you’ve reached Chicago St.:

Awaiting you at the northeast corner of Miami and Chicago is an abandoned brick building:

But there’s a pleasant surprise as you peak around the corner of that tired brick structure:

Here are views heading east down Miami from Chicago:

The next cross street is Louisiana:

The Riverline path switches to the south side of Miami as you proceed easterly from Louisiana St.:

But the north side of Miami St. is totally different, and makes you aware of the proximity of the future nature trail to this mixed industrial and residential neighborhood:

This is the view of the Riverline directly across Miami St. from these houses:

You soon come to Alabama St.:

This is a picture of the residential block looking north down Alabama from Miami St. heading towards South Park Avenue:

At the end of that block, you’ll find a struggling South Park commercial area, and a reminder of where you are:

Back to Alabama and Miami, this is what you’ll encounter as you look southeast across Alabama just south of Miami St.:

Then there’s Mackinaw St.:

And a lovely single-family home at 169 Alabama St., looking proud a half-block beyond Mackinaw:

As you proceed southerly down Alabama, you’ll find a neighborhood stalwart, Our Lady of Perpetual Help R.C. Church:

You’ve reached the end of “The Del” community as you walk easterly down Mackinaw or Miami to Hamburg St.

THE JUNCTURE

I have a bit of a confession to make here (and, I won’t blame it on the heat). After I crossed Hamburg Street on my self-guided tour, I made the mistake of criss-crossing the various streets – Sidway, Mackinaw, Katherine, Fitzgerald, and O’Connell – without taking notes of precisely where I was as I took each photo. So, I’m not 100% certain of either the street or direction I was looking (or, both) while capturing some of the images that follow. My apologies. But, at least, now I have an excellent reason to re-visit “the site” in the near future.

By the way, the moniker given to this section of The Riverline, The Juncture, reflects a prominent feature of the neighbor, its proximity to the intersection of two active railroad tracks. The photos of tracks inserted below were taken from a point just beyond the dead end of Mackinaw St. east of Fitzgerald. The Riverline will include an impressive trestle bridge providing its users with panoramic views of the railroad looking to the north and south.

Back to the site visit.

These are images looking easterly down Mackinaw from Katherine Street.

These are the last homes on Mackinaw as you approach the Dead End sign and RR tracks:

My first glimpse of the tracks:

I’d call this the juncture, or junction, or, perhaps, intersection:

And, here’s the view from ground level as I turned around:

If I’m reading the design drafts correctly, The Riverline will be traversing the existing neighborhood through what are now mostly mowed fields, and lastly a mature stand of trees southeast of the corner of Fitzgerald and O’Connell streets. The trestle bridge will then take nature lovers across the railroad tracks and continue southeasterly.

These are O’Connell St. homes near Fitzgerald (if my memory serves me):

Now it’s time to leave The Juncture and head by car down South Park to the intersection of Smith and South Park (just before the road goes over a bridge and past the Tesla complex). Our destination: the third and final section of The Riverline called The Basswoods.

THE BASSWOODS

I still have much to learn about both The Riverline’s vision and the existing terrain. I found the following excerpt from Buffalo News reporter Mark Sommer’s April 28, 2021 article to be quite helpful:

“… [The Riverline] disappears east of Katherine Street [Mark’s referring to the trestle bridge] before picking up again adjacent to Red Jacket Riverfront Park. From there, the trail would cross one of Buffalo’s busiest railroad lines over an existing bridge south and east of Smith Street and end at a half-bridge over the Buffalo River with views of the South Park Avenue lift bridge, the Buffalo Color peninsula and the Tesla plant.”

My photos pick up at South Park Ave. and Smith Street, heading down Smith in the direction of railroad tracks and two “art walls”:

I came upon a pleasant surprise when I reached the end of the “art wall.” As I looked north and west – in the direction I picture The Riverline’s trestle bridge would be gracing the terrain someday soon – I not only found a helpful sign, but also an Erie County field office/bus attending a herd of hungry goats (“Goats at Work”) energetically removing invasive plants in advance of The Riverline’s arrival, and then, down a picturesque path, basswood trees (I presume):

When I returned to Smith Street, I momentarily admired the other “art wall” bookending the road, and walked southeasterly for the final segment of my site visit:

That’s my last photo for now. But, I know that I did not reach the end of The Riverline, and look forward to future exploring. Meanwhile, you may want to click on the link above to Mark Sommer’s April 28th report. It includes a photo of a plank bridge, by Sharon Cantillon, with the following caption: “Buffalo’s Riverline park is expected to end at this bridge, overlooking the Buffalo River and the Tesla plant.”

I hope this posting has whet your appetite to learn more about The Riverline and the many other endeavors happening in Buffalo to protect, preserve, and enhance our natural and built resources.

With All Due Respect,

Art Giacalone

BOPC responds – and I reply – to Caz Park pathway concerns

Posted by Arthur J. Giacalone on June 3, 2021

Posted in: Cazenovia Park, Christopher Scanlon, City of Buffalo, Olmsted Parks, South Buffalo. Leave a comment

On June 1, I wrote here about my concerns regarding plans to remove about 700 feet of asphalt pathway in Cazenovia Park – alongside and providing views of the Cazenovia Creek. On June 2, Stephanie Crockatt, Executive Director of the Buffalo Olmsted Parks Conservancy, replied by email to many of the issues that I raised concerning plans to remove the asphalt pathway and concrete steps at Cazenovia Park. Ms. Crockatt’s correspondence confirms BOPC’s plan to, in fact, eliminate that portion of the upper pathway starting at Warren Spahn Way. I share her correspondence below, and provide my initial response to her comments in brackets and bold print. Also, I am attaching a pdf containing a slide presentation, provided to me on June 3 by BOPC’s Director of Planning and Advocacy, Brian Dold, reflecting Caz Park history and BOPC’s current proposal for pathway reconstruction, etc. Caz Park – June 2021 slide presentation

*****************

From: “Stephanie Crockatt”
To: AJGiacalone@twc.com
Cc: “Andy Rabb”, “Greg Robinson”, “Councilmember Scanlon – South”
Sent: Wednesday June 2 2021 4:33:51PM
Subject: Cazenovia Paths/Stairs

Mr. Giacalone and Ms. ______________,

The Conservancy appreciates your outreach on the topic of the pathway reconstruction along the southern edge of Cazenovia Creek.

As you may know, these paths have been in rough condition for years, with numerous complaints from the community. Thankfully in working with the City and funding allocations, we were able to partner on a restoration project.

[AJG: Every person with whom I have spoken in Caz Park since May 27 is pleased to hear that the bumpy and uneven condition of the asphalt pathway, primarily found between Cazenovia St. and the northern set of concrete steps, will be removed and replaced. However, not one of the two or three dozen park-goers was aware of the plan to remove a 700-foot portion of the asphalt pathway that provides proximity and views of the creek.]

The project stems from our master plan’s five-year priority project update. You may recall the Conservancy held several public input sessions throughout 2018 and into 2019 in working to determine projects the communities around the Olmsted parks would like to see elevated in attention and improvement. Number 4 for Cazenovia Park is the pathways.

[AJG: I was in attendance at the Cazenovia Park public sessions in 2018-2019. Not once did I hear anyone from BOPC state or suggest that pathway attention and improvements would involve removal of approximately one-third of the existing asphalt pathway along the creek’s shore. The fact that South District Councilmember Christopher Scanlon – for whom pathway improvements is a very high priority – did not know on May 27 that any of the asphalt pathway would be removed and replaced by lawn reflects a failure by BOPC to keep our elected representative, much less the users of Caz Park, adequately informed.]

Yes, in this project there are areas where the path will be relocated to the correct historical alignment. This is due to the fact that the current high pathway (and the staircases) were part of a DPW project – maybe 30 or 40 years ago – which tried to address the flooding, ice damming and other creek impacts on the park.

[AJG: The original plans for Cazenovia Park included a 20-acre recreational lake as its centerpiece, separated into two sections by a carriage bridge and featuring two islands. As existing signage in the park describes, the original plan “allowed park-goers more access to the water than in other, larger parks.” Later changes in the park altered “the once pastoral landscape” by introducing an ice-skating rink, community center, and an indoor swimming pool, etc. The pursuit of “historic integrity,” by removal of a popular section of pathway that provides proximity and views of the creek not available from the “historic parallel route,” appears to be little more than a fanciful conceit attainable only at the expense of current park-goers (who now have the option of experiencing the contrasting ambience of either the high or low road).]

The high berm constructed along the southern shore was not part of the Olmsted alignment or topography, and some of those higher paths have actually become a safety hazard. The odd staircases are not historic and are not something the Conservancy would advocate to keep or even ask the City to continue for deferred maintenance expenses.

[AJG: The reality is that the high berm is not being eliminated and is, most likely, a permanent feature in the park and obstacle to any meaningful replication of the Olmsted alignment or topography. The berm, along with the concrete steps, are a testament to the unrealistic nature of the original Olmstedian plans. The “odd staircases” (which I believe have been there for more than a half-century) provide an excellent opportunity for educating the public about both the history of Caz Park and the difficulties of creating a park adjacent to a mighty creek. Olmstedians should embrace such an educational effort.]

The process the Conservancy follows in such planning and design decisions is to first vet with the public, which we did in 2018-2019. We then work with City parks and engineering on historic realignments, repairs or renovations in mapping out the project. We pass the designs through our Design Review Committee with the Conservancy which is a group of community volunteers and professionals. We then take final designs through to the Preservation Board for their approval, which also has a public input component.

[AJG: No matter BOPC’s intent, the vetting process as a means to educate and obtain the consensus of the public was extremely flawed. The Preservation Board process added to the misinformation. Not only was the subject line for the May 27 meeting devoid of any reference to removal-without-replacement of a significant section of asphalt pathway (“Reconstruct and realign asphalt pathways and remove concrete steps”), the publicly available documents lacked a narrative, and failed to include informative images of the actual plans.]

It is unfortunate that the project is causing you concern, but I can assure you that we take every project seriously in it’s historical context and integrity, public safety aspects, and sustainability as to further investment and/or anticipated aging and repairs.

[AJG: BOPC can demonstrate its commitment by: (a) asking the City to discontinue implementation of any aspect of the project other than removal and replacement of the asphalt pathway between Cazenovia Street and the northern concrete steps; and (b) conducting a well-advertised public forum at the Caz Park community center to allow the users of Caz Park the opportunity to learn about the final designs, and to express their preferences regarding the portion of the asphalt pathway commencing at Warren Spahn Way, and the other features of the proposed project.]

If you would like to speak with me directly or perhaps even meet out on site with our staff landscape architect, Greg Robinson, let me know.

[AJG: I would appreciate the opportunity to meet on site with you, Greg Robinson, and perhaps BOPC’s Brian Dold, as well as Councilmember Chris Scanlon. Thank you.]

Best,

Stephanie

Stephanie Crockatt

Executive Director, Buffalo Olmsted Parks Conservancy

716-838-1249×16 Office / http://www.bfloparks.org

With all due respect,

Art Giacalone

With All Due Respect

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