It’s one thing for Bruce Jackson to say that I’m a schmuck for writing something nasty about the Wendt Foundation. It’s another thing altogether for him to insinuate that I was part of a conspiratorial effort to embarrass it.

Luckily, two can play at this guessing game.

Perhaps the reason why Mr. Jackson took the “conspiracy” tack has to do with the fact that he and his kids have benefited from the Wendt Foundation’s largess.

1. If you take a look at Jackson’s CV, posted here, he lists himself as being a 2007 recipient of a “fellowship” or “grant” from the Margaret Wendt Foundation. That’s strange, since the Wendt Foundation’s disclosure shows that it is limited geographically to WNY and “no grants to individuals” (p. 10 of 2007 - links to 2007 and 2006 Wendt disclosures are at the bottom of the post).

Given the tone and content of his current Artvoice article, I find that to be a patent and clear conflict of interest.

To quote the philosopher Ron Popeil, “but wait, there’s more.”

Jackson’s CV also lists him as a Vice-President of Citizens for a Better Buffalo, the organization that brought the lawsuit which is being funded by the Wendt Foundation. (Citizens for a Better Buffalo has no website, and there is no way to determine its membership, or its income or expenditures).  In Artvoice, Jackson discloses his “former” vice presidency of CBB, but does not disclose the next item:

2.  That is an image taken from the signature blocks at the end of the casino opponents’ recent motion asking Judge Skretny to enforce his July 8th decision and force the NIGC to shut down gaming operations in Buffalo.  Jackson & Jackson are among the lead attorneys in that lawsuit.

Why is this a big deal?

The lawyers at Jackson and Jackson are related to Bruce.

They’re his kids.

How much Wendt Foundation money did they earn for their work on the casino lawsuit?  How much did Bruce receive in 2007 from the Wendt Foundation?  Why wasn’t that disclosed in his article?  Why do I have to be accused of “swiftboating” the Wendt Foundation by some guy for whom Wendt is a benefactor?

According to the 2006 IRS Form 990 disclosure of The Wendt Foundation, the “Network for Religious Communities” is the recipient of about $910,000 over the course of 2006. While most line-items for payouts have some detail to them, such as “Erie County SPCA: Purchase a replacement vehicle for the Rescue/Cruelty Investigations Department”, the Network for Religious Communities just gets “Support $1,455,000″. There is no further explanation. Network for Religious Communities is one of the many plaintiffs in the anti-casino lawsuit.

I called Wendt for comment, but no one was around to discuss it and no one has called me back. It appears, however, that Wendt funneled the money for the lawyers through the Network for Religious Communities rather than through the ad hoc, newly created “Citizens for a Better Buffalo”. To whom does Jackson & Jackson send its bills?

3. The Margaret Wendt Foundation, which has spent $2 million to protect the people of Buffalo from themselves by funding this lawsuit against the casino is one big, fat, 501c3 hypocrite.

Based on its 2006 IRS disclosure, between 2003 - 2006, it held $2.73 million worth of stock in Harrah’s. 58,900 shares, to be exact. It sold the shares in 2006 for about $4.8 million - a tidy $2 million profit.

One might say that Wendt’s investment in Harrah’s funded the Buffalo effort to destroy a Harrah’s competitor.

Harrah’s Entertainment, Inc. is the world’s largest provider of branded casino entertainment through operating subsidiaries. Since its beginning in Reno, Nevada 70 years ago, Harrah’s has grown through development of new properties, expansions and acquisitions, and now owns or manages casino resorts on four continents The company’s properties operate primarily under the Harrah’s, Caesars and Horseshoe brand names; Harrah’s also owns the London Clubs International family of casinos and the World Series of Poker. On January 28, 2008, Harrah’s Entertainment was acquired by affiliates of private-equity firms TPG Capital and Apollo Global Management.

Harrah’s is also a leading management company for several Indian Casinos, such as Harrah’s Rincon Casino & Resort in San Diego, CA.   The Rincon Band of Mission Indians is the tribal organization affiliated with this casino.

Gambling.  Good enough for Bruce Jackson’s kids to make money off of. Good enough for the Wendt Foundation to make money off of.  Not good enough for you.

Not yours.

Research and contributions from Christopher Smith

wendt_form990_2007.pdf

Wendt_form990_2006

(If any other media outlet decides to run with any of this, it’d sure be swell to get some attribution this time. KTHXBAI.)

There is nothing more dangerous to the status quo than a mouthy curmudgeon who’s flush with cash.

Thanks to Artvoice for posting it.

The story so far:

Registered Conservative Don Hobel circulated Democratic nominating petitions to challenge George Maziarz, a Republican, in the 62nd Senate District. Hobel dropped out and has been replaced on the (D) line by registered Republican Brian Grear.

However, Hobel will still challenge Maziarz in a primary on the Conservative line, and Grear will still challenge Maziarz in a primary on the Republican line.

Heads exploding throughout Niagara County declined to comment on the record, citing the sensitivity of these events, but speaking on the condition of anonymity, they said, “BOOM!”

HT Albany Project

This story in today’s Buffalo News featured a repeat of an excuse for take-home vehicles that Buffalo Police union capo Bob Meegan made last week. Setting aside for a moment the fact that patrol vehicles are generally in crappier shape than the brass’ take-home Tahoes (free of insurance, gas, and maintenance requirements, naturally). Sheriff Tim Howard says,

He believes every take-home vehicle can be justified. For example, Doyle, his administrative chief, often works weekends or late into the evening and should not be expected to tie up a personal car that his family might need

So, how is it that people who work in the dreaded private sector and are on-call or have unusual hours are able to cope by using a personal car for the commute and for business travel? Who among us doesn’t technically “tie up a personal car” when we’re at work?

• Howard wants to be able to call his appointees to work when needed.

“If I ever say, meet me at the office, I don’t have to hear, well, my wife has the car,” he said.

Really? Maybe they only own one car because they don’t need a second one, since the boss gives them one. Take away the take-home car, and I’m willing to bet there’s be some extra money in the pockets of Mssrs. Campbell, DeLacy, and Paddock pretty darn quick.

• The superintendent of his Holding Center, Robert Koch, and Correctional Facility, Donald Livingston, often go to their facilities at odd hours, “either because of emergencies or to make checks,” Howard said.

Wouldn’t their personal car get them there?

“It would,” the sheriff said, “but would it be fair to expect them to do that?”

Why, yes. Yes it would. Since the people are paying for that car, and for its maintenance, and for its gas, and insuring it, it would be perfectly reasonable to get it off the road and save a few of the people’s dollars.

Here’s a handy tip for all of the take-home hacks out there: the IRS reimbursement rate is now 50.5 cents. Start tracking your mileage and give the public coffers a break.

Every. Penny. Counts.

If you have an iPhone 3g or have upgraded your 1st generation iPhone to 2.0, you can download the Urbanspoon app (website here). This clever application figures out your location and loads restaurants that are near you. Just give your phone a shake, and the device spins like a slot machine, and voila! You have a random place for a meal. You can lock the location, cuisine, and/or price to fine-tune the results.

Then, you click through and you get the restaurant’s phone number and address. This is easily the coolest app I’ve downloaded so far, and it’s available (without the slot effect) for any web-enabled cellphone here.

The disbursements for Jack Davis’ campaign are almost as fascinating as his receipts. Let’s home in on two notable inclusions.

Coastal Consulting South
820 South Green Circle
Venice, Florida 34285

That outfit received $1,250 per month, a total of $5,000.

Coastal Consulting at 820 South Green Circle? Yeah, it’s owned by one:

ORSINI, ANTHONY LOUIS
820 S. GREEN CIRCLE
VENICE, FL 34285

And there’s another political consultant whom the Davis campaign has on its payroll.

Blanca Semidey
2 Loring Place
Rochester, New York 14624

Blanca Semidey is using her maiden name. She is otherwise known as Blanca Colon, the wife of Monroe County Independence Party chairman Rafael Colon. She, too, was paid $1,250 per month, a total of $5,000, as a “campaign consultant”.

Why has Jack Davis’ campaign spent $10,000 to Independence Party operatives in Monroe and Erie Counties?

Why are the disbursements listed in such a way as to not be obvious payoffs to the IP?

What promises were made or guarantees given in exchange for the $10,000 in payments to Colon and Orsini?

Why pay these people off if the IP line will be held by Anthony Fumerelle?

Blow the whistle on fraud, waste, and other abuses of the system. The county has a budget within which it has to operate, and if people you know are futzing with the system in order to unjustly enrich themselves or otherwise cheat the county, everyone suffers. Not just the taxpayer - but you, because your job might be the one cut to make up the difference.

whistleblower@erie.gov is the email address to use.

858-7722 is the phone number to call.

Or click this link to go to the web form.

All tips will be kept confidential.

Real estate “heat” map for Erie County:

Buffalo:

Given Buffalo home prices, why do we have public housing projects again?

This post from anti-casino activist Joel Rose:

Cynthia Van Ness, who runs the BfloIssueAlerts list, sent me a private note the other day which, with her permission, I want to share with you all. While it depressed me, I thought it captured the Seneca Niagara Casino perfectly. Here’s the note:

——– Original Message ——–

… I got my first look inside the Seneca Niagara casino on Monday evening. I was with a group of German tourists, and our hosts decided to have dinner at the casino buffet. It was a dramatic exercise in wretched excess. A gazillion deserts, all kinds of seafood flown in from who knows where, lots of red meat, you get the idea.

But quite apart from the food service, the place was dispiriting. The customers looked grim and visibly underwhelmed by all that manufactured “excitement.”

The private luxury surrounded by the public squalor of Niagara Falls made me ashamed of my country, ashamed in front of these German tourists to be an American.

My response:

I don’t mind reading Joel’s updates about the No Casino efforts, because it’s interesting from a political and “built environment” point of view, the latter of which renders it on-topic.

Although I agree with the issue that sovereign Indian exclaves should not be carved out of downtown to circumvent the state prohibition on Class III gaming, I do not subscribe to the whole “we have to protect people from themselves” aspects of the anti-gambling efforts. It’s patronizing and ignores loads of other, more pervasive, vices that are readily available in every neighborhood, which can destroy lives as handily as any casino debt bankruptcy.

So, when I read this patently off-topic opinion of Cynthia’s with respect to the buffet at the Niagara Falls Casino, I have to ask so what? Why is it here?

First of all, for most BIAniks, you’re preaching to the choir. Secondly, who cares? It’s a casino buffet - what did you expect? Ration cards and vegan food with lemongrass juice?

I’ve been to the Seneca Niagara casino on several occasions, and it’s not my cup of tea, but I leave it at that. I don’t judge the people who go, because it’s none of my business. Ever been to Oktoberfest? That’s just as much an exercise in wasteful excess as any casino buffet in the world, so the delicate sensibilities of the German tourists were, I’m sure, unoffended. Oh, and there’s loads of squalor juxtaposed with incredible wealth in Germany, so you needn’t feel quite so ashamed. Not only that, but casino gambling is quite prevalent in Germany: http://gogermany.about.com/od/nightlife/a/casinos.htm.

As to the “grim” “looks” on the patrons, unless you actually went and spoke with them, you have no idea whether they were really grim at all, or what they might have felt grim about. When I’ve been there, I’ve seen grim people and happy people. I’ve seen people smoking cigars, sipping drinks, playing blackjack, and having a good time. Ever been to the Fallsview Casino in Ontario? Gorgeous facility, amazing shopping and food within walking distance, happy customers, and loads of people having fun.

In the wake of Judge Skretny’s ruling, which is most notable for its excruciating length, Casino opponents, are batting .500. Although the court decided that the approval of casino gaming at that site was due to an arbitrary and capricious decision by the Indian Gaming Commission, the casino continues to operate. The opponents will go to court today to demand an order shutting it down.

(With thanks to Eliz. for the idea)

Add this to the potpourri of border crossing identification options available to people crossing between the US and Canada by land.

The Passport card is $20 for current Passport holders as a renewal, or $45 as a new document for adults, and $35 for kids. It is valid proof of citizenship for land and sea border crossings to Canada and Mexico, and the RFID chip inside it will activate information stored on DHS computers - it will not, itself, contain any identification information.

I hadn’t heard anything about it in our local media after seeing an ad for it in the post office downtown. It’s about half the price of a proper passport.

The Wendt Foundation paid $2 million to fund the legal fees for the casino half-sorta-victory last week. Two million dollars. That’s a lot of scratch, and frankly I had thought that the lawyers had donated their time towards this effort. I’m taken aback that there was an expenditure for this.

So, here’s the Wendt foundation’s general giving focus:

Purpose and activities: Emphasis on education, the arts, and social services; support also for churches and religious organizations, health associations, public interest organizations, and youth agencies. Fields of interest: Aging; Aging, centers/services; AIDS; AIDS research; Alcoholism; Arts; Biomedicine; Cancer; Cancer research; Children/youth, services; Community/economic development; Crime/law enforcement; Disabilities, people with; Economically disadvantaged; Education; Education, early childhood education; Environment, natural resources; Federated giving programs; Government/public administration; Health organizations; Higher education; Historic preservation/historical societies; History/archaeology; Hospitals (general); Human services; International human rights; Legal services; Libraries/library science; Medical research; Mental health/crisis services; Minorities; Minorities/immigrants, centers/services; Museums; Performing arts; Performing arts, theater; Political science; Public affairs; Religion; Residential/custodial care, hospices; Substance abuse, services; Visual arts.

Here’s a sampling of recipients in 2006:

$500,000 to Shaw Festival Foundation, Buffalo, NY, For renovation and expansion. $360,000 to Hilbert College, Hamburg, NY, Toward constructing communications lab and performance facility. $250,000 to Community Foundation for Greater Buffalo, Buffalo, NY, For Joint Foundation Transition Funding for Arts. $250,000 to Daemen College, Center for Information, Research and Community Programs, Amherst, NY, Toward construction. $250,000 to Nature Conservancy, Arlington, VA, To acquire land in Zoar Valley. $225,000 to University at Buffalo Foundation, Buffalo, NY, Toward Olmsted challenge grant supporting Ira G. Ross Eye Institute. $200,000 to Chautauqua Watershed Conservancy, Jamestown, NY, Toward purchase of conservation easement at Lake Chautauqua Lutheran Center. $50,000 to Good Schools for All, San Diego, CA, For unrestricted support of Raising Student Achievement. $25,000 to Hauptman-Woodward Medical Research Institute, Buffalo, NY, For Systemic Autoimmune Disease Research Center of Western New York. $20,000 to Niagara Aerospace Museum, Niagara Falls, NY, For rent, utility, and insurance.

And $2 million for legal fees in 2007 - 08.

Imagine if $2 million had gone towards an actual charitable cause that actually helps the underprivileged. Although I agree wholeheartedly with the notion that a sovereign exclave should not be carved out of Buffalo’s downtown to facilitate gambling that can’t be subject to state or local taxes, I don’t care about the morality of this, and I don’t care whether it’s a “good” or “bad” deal for the city any more than I care whether the heavily subsidized, money-losing Hyatt is a “good” or “bad” deal.

But this interview between Bruce Jackson and Joel Rose pretty much underscores the fact that the whole “sovereignty” issue is a technicality that stands in the place of “we know so much better than you”. And they got $2 mill from a local charity to pay legal fees rather than an actual charitable effort.

Oh, well.

Is there any way we can use the Common Tern as a scapegoat for everything? Can it be the Common Tern’s fault that the casino might not get built? Did the Common Tern make gas prices skyrocket? Did the Common Tern crash Apple’s servers on iPhone 3G day?

What else can we blame on this versatile fowl?

The Taste of Buffalo is this weekend.

In comments, tell me your favorite restaurant in WNY, your favorite dish there, and why.

Apparently, the author of a local political website received a cease & desist letter/message from the Buffalo News after he re-published, verbatim, a story that appeared on the Buffalo News’ website. The author replies to the News’ C&D letter on his website, and includes the following paragraph:

Besides that there is NO such thing as copy-write material on the Internet when you invite readers to pass the story along via email etc.

That’s not true.

First of all, when you click to email someone a Buffalo News story, they’re sent a link to it - not the whole text. Secondly, when you click to Digg the story or post it to Facebook or some other social networking/bookmarking site, an excerpt from the story is posted - not the entire thing. None of that somehow automatically voids copyright protection.

You hold an immediate, automatic copyright with respect to anything you create, whether it’s a writing or a drawing. I am the copyright holder with respect to any of my posts, and you can’t reprint it in its entirety - with or without attribution - unless you have my express permission. That’s why outfits such as Creative Commons were created, to more easily enable republication of internet material.

When I am commenting on something that I saw published elsewhere, I am careful to make sure not only that I am attributing my source, but also linking to it and blockquoting the text so that you know it’s someone else’s work and not mine. Furthermore, I am careful to include only a portion of the text in the blockquote, and not the whole thing. I am encouraging you to go to the source itself and read the piece in its entirety (and to view the source’s advertisements, etc.)

Furthermore, my republication of excerpts from the original piece is protected by the Fair Use doctrine, which permits me to repost portions for the purpose of commentary. It’s a grey area, but no one’s ever complained to me about it. Most notably the Buffalo News, which I quote and cite most often.

By the same token, you own the copyright to your comments. By posting them here, you give me implicit permission to publish them in their entirety.

Why is it that two of County Executive Chris Collins’ top administrators have jumped ship within the first 7 months after coming to office?

First, it was Budget Director Beth Kornbrekke, who resigned after only five months on the job. Now, it’s Deputy County Executive Mark Davis, who’s resigning after 7 months on the job and had joined Collins in his pledge to accept $1 per month in salary for as long as the county control board remained hard. He’ll be replaced by Six Sigma implementation czar, Alfred Hammonds, Jr. No word on who or whether Hammonds’ position will be filled.

Collins pledged to run the county like a business, and the hard work of his administration has arguably only just begun. So, why have these key people begun bailing? Davis’ name had been floated as a candidate for NY-26, yet he couldn’t be bothered to stick around to see through the county’s negotiations with its public sector unions? That’s too bad.

At least in the city, we know that it’s Steve Casey who generally chases them away.

A proposition…

The proposal to build an 800-mile system of 200-mph trains linking Southern and Northern California, by way of the Valley, has made a great deal of sense throughout its two-decade gestation. Proposition 1, the $9.95 billion bond measure, is the necessary first step.

High-speed rail will be an engine of economic development that we badly need in this state, creating tens of thousands of jobs in both its construction and its operation.

It will have a dramatic impact on our environment, removing thousands of cars from California’s highways. Less congestion will make the remaining vehicles more efficient for those that remain on the road. Conservative estimates suggest millions of barrels of oil could be saved annually, and as much as 22 billion pounds of carbon dioxide kept out of the atmosphere.

The rail system would also reduce the need for many short- and medium-haul airline flights, which pollute the atmosphere at an astonishing rate.

Now, with gasoline at $4.50 a gallon and rising, high-speed rail is no longer just a good idea. It’s imperative.

High speed rail with Buffalo as a hub connecting Cleveland, Detroit, Toronto, Albany/Boston/New York would be a pretty dandy thing now in the days of $4.50/gallon gas, hourlong TSA lines, and Amtrak dreck-o-rama.

If a neglectful owner like Robert Freudenheim gets slapped with a city lawsuit for permitting his property to crumble and become a public nuisance, why isn’t a neglectful owner like the City of Buffalo held accountable for maintaining its properties at some basic, limited nature?

David Torke has been documenting city-owned blight for years, and it’s a problem that has no easy solution. The city doesn’t have the money to demolish them all, and it probably doesn’t have the money, manpower, or political will to cut lawns and secure the properties.

A few weeks ago, Sam Hoyt’s land banking bill passed the state Assembly and Senate, and is awaiting Governor Paterson’s signature. If signed, it could provide at least part of the answer. The bill would create an Erie County land bank, which Buffalo could opt to join (and hopefully would). A land bank acquires and demolishes the vacant structures, and then holds onto the land until such time as a reasonable redevelopment project is proposed to it.

Local housing advocates have pushed the idea of a countywide land bank for years. They point to Flint, Mich., as the best example of its success in curtailing blight and stabilizing neighborhoods.

“The newly passed land bank legislation, based on highly regarded best-practice models, adds a powerful tool for New York’s distressed areas,” said Michael Clarke of the Local Initiatives Support Corp. in Buffalo, a nonprofit group at the forefront of the vacant housing issue.

In Flint, the county-run land bank has become the city’s biggest landowner and the primary vehicle for putting its huge inventory of housing back into productive use.

The land bank’s primary job is acquisition and demolition, but it doubles as a redevelopment authority.

Since Sam Hoyt and Byron Brown don’t get along, the city isn’t saying it would join a regional land bank, but may seek to get its own bill in Albany. Perhaps the city might just go with the regional approach, as it seems to make perfect sense given that the vacancy problem is no longer just limited to city limits, and the last thing we need is two land banks when one will do just fine. You can learn more about the Flint program at its website.

Some have misinterpreted my closing comments in this post:

One hopes that the preservation community (and community-at-large) might prioritize buildings that may not be designated landmarks, are endangered and need saving. Perhaps they could take lessons learned from the Livery fiasco and be more pro-active rather than re-active when it comes to saving buildings deemed important. These things shouldn’t have to happen at the point when emergency injunctive relief is required to prevent demolition. A plan. Priorities. It would do a lot to not only save buildings, but dramatically improve the reputation of the preservationist community. By being pro-active rather than re-active, they lose the “obstructionist” epithet altogether. Just a thought.

Some assail my comment because, they claim, preservationists are being “proactive”. I disagree. Calling the tip line isn’t enough. Calling your councilman isn’t enough. That may arguably be literally proactive, but it’s passive. I’ll let Prodigal Son explain:

The definition of pro-active is “getting involved before the building is crumbling.” I’m sure some well meaning people called the city tip line to complain about the Livery for years. But obviously, no support was galvanized until crisis mode hit. If anyone in the preservation community (whomever that is) could get everyone organized before it got to this point, that would be progress. Lets have a vigil, signatures, BRO articles and media frenzy about the AM&A’s building (to pick a random one). Doesn’t happen. Tim Tielman tried to get people organized for his “Save Our Churches” campaign, and that never got farther than one meeting.

Buffalo - a shrinking city of 280k-ish people - has at least two grassroots preservation activist organizations. Cynthia Van Ness’ Preservation Coalition and Tim Tielman’s Campaign for Buffalo History, Architecture and Culture. The missions are similar enough that these groups could be joined. If governments can be expected to downsize in response to a shrinking population, so can nonprofit activist groups.

If they joined forces, then it would be fantastic if they selected, on an annual basis, five buildings that they want to save each year. They could hold fundraisers, teach-ins, solicit investment, file legal action, etc. Whatever it took to focus on private and public properties that are at imminent risk of destruction but are in some way worth preserving. They could set the agenda with respect to preservation issues and shed that public perception that they have of being reactionary obstructionists, and instead re-cast themselves as the proactive protectors of Buffalo’s heritage before the building starts crashing in around them or some owner decides he wants to raze it to add more surface parking.

Because in my mind, the heroes of the preservation community right now are named “Savarino” and “Termini” and “ESD”. Applying the law of Larry the Cable Guy - they get it done.

If the building is privately owned, such as Freudenheim’s Livery, the group could file for injunctive relief - the building is an imminent harm to its surroundings and is a public or private nuisance. If the building is privately owned, perhaps they could get the city to take the property by eminent domain for the greater public good. If the building is publicly owned, then they could partner with friendly engineering and architectural firms to draw up plans and raise funds to actually get the buildings structurally sound and rebuilt. It would be like Buffalo ReUse writ large - instead of saving fixtures from homes for resale, you save the building itself.

So, what would be the five most endangered buildings in 2008? Proactively prioritize, proselytize, and repair.