Archive for June, 2008

Landmark Ruling Enshrines Right to Own Guns

The Supreme Court was busy on Thursday.   The court embraced the view that the Second Amendment protects the personal right to own a gun and seemed certain to usher in litigation around the U.S. 

“The court rejected the view that the Second Amendment’s “right of the people to keep and bear arms” applied to gun ownership only in connection with service in the “well regulated militia” to which the amendment refers.”

“Justice Antonin Scalia’s majority opinion, his most important in his 22 years on the court, said that the justices were “aware of the problem of handgun violence in this country” and “take seriously” the arguments in favor of prohibiting handgun ownership.”

“But the enshrinement of constitutional rights necessarily takes certain policy choices off the table,” he said, adding, “It is not the role of this court to pronounce the Second Amendment extinct.””
[read whole story]

Citing Need for Assessments, U.S. Freezes Solar Energy Projects

The world is in need of alternative energy sources.  Here in the US solar energy has been a stong contender and just since 2005 solar companies have filed more than 130 proposals with the Bureau of Land Management.

“Faced with a surge in the number of proposed solar power plants, the federal government has placed a moratorium on new solar projects on public land until it studies their environmental impact, which is expected to take about two years.”

“The Bureau of Land Management says an extensive environmental study is needed to determine how large solar plants might affect millions of acres it oversees in six Western states — Arizona, California, Colorado, Nevada, New Mexico and Utah.”
[read whole story]

Jack Davis Issue Decided by Supreme Court

Thursday the Supreme Court rejected a law meant to level the financial playing filed when rich candidates pay for their own political campaigns.  The case was brought by Democrat Jack Davis, who twice ran for the House of Representatives, spending or lending himself millions of dollars of his own money. 

“Justice Samuel A. Alito Jr., writing for the majority, said the asymmetry imposed by the law was unacceptable. “We have never upheld the constitutionality of a law that imposes different contribution limits for candidates who are competing against each other,” Justice Alito wrote.”

“The law allows opponents of candidates for the House who spend more than $350,000 of their own money to receive triple the usual amounts — $6,900 rather than $2,300 — from individual contributors when a complex statutory formula is met. The law also waives limits on expenditures from political parties.”  
[read whole story]

Higgins Meets with Top Social Security Administration Officials About Backlogs in Western New York

Presses for More Staffing for Western New York  

WASHINGTON, D.C. Congressman Brian Higgins (NY-27) today met with senior Social Security Administration officials with direct oversight over Social Security hearing office operations to discuss the SSA’s plans to address the egregious backlog of Social Security cases in the Buffalo Hearing Office region. The meeting follows correspondence between Congressman Higgins and Social Security Commissioner Michael Astrue after which the SSA responded to Higgins demands for additional staff and personnel with news that they will two additional judges, as well as additional personnel, for the Western New York region. 

“The Social Security Administration has taken the first step, but has only scratched the surface of the egregious backlog problem in Western New York,” Said Higgins.  “It is crucial that we now continue to build on this start and in order to eliminate the backlogs that exist now and ensure that Western New Yorkers never have to deal with backlogs like this in the future,” Higgins said.    

While the SSA officials reiterated plans to hire two additional judges and additional personnel, they acknowledged that the current backlog was unacceptable, and Congressman Higgins pressed the need for even more staffing and Administrative Law Judges in the Western New York region.   

“The SSA knows that it can and must do better for Western New Yorkers whose lives have been put on hold while they await a decision on their Social Security cases,” Higgins said. “This is not a matter we will let go unchecked simply because the SSA has made a step towards solving the problem.” 

The average age of pending cases is 364 days and average processing time is 665 days, meaning most people wait close to a year just to have their case heard and two years for a final decision on their claim.  The Buffalo area office, which has only 12 Administrative Law Judges, currently has 5,377 cases that have been pending for over one year. 

Congressman Higgins has long supported increased funding for the Social Security Administration and he believes that Congress should know, independent of political scrutiny, what the staffing needs of the SSA are to improve customer service for citizens.  In January, Congressman Higgins introduced H.R. 5110, the Social Security Customer Service Improvement Act which if enacted would provide Members of Congress with detailed, impartial information on the quality of operations and staffing levels of Social Security offices in their districts and around the country.  Members of Congress should have ready access to this type of information, not only because it is exactly the type of information necessary to measure the effectiveness of government agencies, but also because when citizens aren’t treated properly at their local Social Security office, they immediately reach out to their local Member of Congress for expedited assistance.

Mohan Must Resign or the Town Board Should Ignore Him

Any Supervisor who screams out that one of his own Town Board members is corrupt, should not be allowed to sit as Supervisor until he can prove this statement or RESIGN.  Isn’t he the one who insists on decorum and that no one can say the name of any Board member for fear of being told to sit down without completing your statement? 

In the last year I have written several articles concerning our Supervisor’s constant lying and laying the blame for his errors on others.  His actions have been irrational and self serving.

There is a small group of town administrators who cover his errors in the Financing Department by moving money around so he doesn’t look completely ignorant. In the Planning, Building and Legal Departments they find ways to shield him to protect their own jobs.

Very recently a major piece of equipment in the Waste Water Treatment Plant blew up. To replace this equipment will cost $650,000.  About a year ago FEMA gave the Town $100,000 to repair this particular piece of equipment but instead our Comptroller spent it on other projects.  There is a strong feeling in Town Hall that without the Comptroller our Supervisor would be in serious trouble.

Now there is mounting resentment against the Supervisor.  Many are calling for him to resign.  People are asking for him to do the right thing and resign.

Help a Needy Candidate

A very honest and dedicated source has informed me that Michele Iannello’s petition sheets were placed in the packets of endorsed candidates at Democratic headquarters.  I have talked to Democratic headquarters and they made it clear that they had no part of stuffing Iannello’s petition sheets into the endorsed candidates’ packets

Chairman Lenihan took a lot of heat when Iannello said he promised to endorse her. Lenihan denied this and said she was lying.  Could stuffing these endorsed candidates packet with Iannello’s sheets be his way of helping her out? 

Politics is a dirty game and I wouldn’t put it past Lenihan to have given the order to do this for Iannello.

LEGISLATOR KONST & GOLISANO BREAK BREAD

Sources: Sabres owner Tom Golisano (D) & County Legislator Kathy Konst (D) had dinner. Sources say Golisano offered her one million dollars via a 527 PAC $$$ to run against State Senator Dale Volker (R).  Konst is currently a candidate for Congress 26th District.  ###
PoliticsWNY.net
 

My sources tell me that Erie County Legislator Kathy Konst has informed Mr. Golisano she was very grateful for his offer but she will stay in the race for Congress 26 District.
J Tricoli/Amhersttimes Editor

Public Restroom or Garage For a Lawnmower?

Not long ago there was a group of Amherst residents who were outraged that their children had no access to handicapped port-a-potty facilities at little league games and the town responded that funds were to be available to build them.

How about having restroom facilities built, closed up during the summer at 2:30 pm and used as a garage for the lawnmower? 

There is a group of people, many handicapped, who belong to a paddling group and they use the Veteran’s Canal Park.  There is a restroom facility there BUT it is closed and locked at 2:30.  The leader of the group has been trying to get some response from the town to rectify this craziness.   Here is some of the email craziness going back and forth.

Tuesday, June 24, 2008 8:11 AM

Aloha…. We are off to a wonderful day of outrigger paddling ….
We will be using two sets of double-hulled 33 ft long ….ideal for therapy ,racing , and use as a support group/system. Both of our sets have been purchased by special gifts including many persons from Amherst. We will be working with veterans from our local hospital and possibly from Batavia… and residents from Heritage Christian Services…. most of whom will be there after 2:30 p.m….. I would like a “Heads-up” as to what to expect as to rest rooms being open or not open….Everyone should keep in mind that the porta potty …that is furnished by UB , I think,  ….is not wheel chair accessible…. Other paddlers, and boaters will join with us in seeking answers to why this wonderful facility is locked up at 2:30p.m. if there is not a change… If it is Mr. Anderson’s responsibility and “call” please forward this to him… and we will be glad to fill hisoffice with all kinds of persons with disabilities and reporters to get an answer in the very near future.

Rev. David Donner.The response from Supervisor’s office:

Tuesday, June 24, 2008 10:50 AM

Thank you for sending in this additional information, which I will forward to Mr. Anderson.  I will also discuss this with Supervisor Mohan and get back to you as soon as possible. Shirley VoigtAssistant to the SupervisorThe response from Bob Anderson:

Tuesday, June 24, 2008 1:54 PM

Good Afternoon: I am sorry for any inconvenience.  However, all the information we received was second hand.  We have an equipment storage problem at Veterans Park.  Because of previous vandalism we have stored a large grass cutter and other equipment in the restroom in the summer.  We have never received any complaints before and it is not our intention to create any complaints/concerns.  This was purely a logistical problem.  In the meantime, we ordered a handicapped accessible port-a-potty to be placed there by Thursday and it will remain there for the balance of the summer.  We are petitioning the Town Board for funds to build a small shed to permanently diffuse this problem.  Thanks for your understanding. Bob AndersonSuperintendent of HighwaysAnd finally the response from Pastor Donner:

Wednesday, June 25, 2008 11:06 PM

Dear Mr. Anderson:

In regards to your recent e-mail reply:

1. Re information at second hand:…it was only second hand because we went through the supervisor’s office first, after all, all the employees that were interviewed at the Veterans Canal Park, indicated that it was indeed the supervisor’s fault that the rest rooms were closed at 2:30 PM.  (by the way… hours for the rest rooms being open ARE NOT listed on the doors…which indicates further disrespect for the public or the fact that you want to hide the few hours open to the public)

2. Last year the rest rooms were open until 10:00 PM.  …we all managed not to trip over the mower.

3. Many persons were under the impression that the current practice of closing the rest rooms were spring hours and come summer …hours would be extended.

4. Inconvenience….you’ve got to be kidding…obviously you don’t hang around people in wheel chairs..

    they don’t consider locked doors to accessible bathrooms an inconvenience…they consider it …

    especially these days breaking the law…

Channel 4 news was ready and willing to film your worker locking the bathrooms at 2:30 PM. yesterday…however he called his supervisor who came over and indicated that out of the bottom of his heart he would “allow “  the rest rooms to stay open and he…on his own time would come back later to close up.  HE REFUSED TO TALK WITH CHANNEL 4 NEWS….probably a good idea…since there were three vets along with a double amputee hanging around and the rest rooms were going to be closed….not good coverage on the evening news…..You and the Town dodged a bullet.  The Buffalo evening news reporter was also there as witness to this conversation …..see picture in Today’s Buffalo paper….they are willing to come back…not sure how the handicapped porta potty will play out…

After 2:30 PM. my wife counted , including our Vets, two groups of persons from Amherst group homes… developmentally disabled, ADK paddlers and others…over 70 different persons …mostly paddlers at the  park. If you have never received any complaints they are about to flood your office …

5.  What seems to be at issue here is that you prize housing your lawn mower more than serving the growing paddling population with clean rest rooms that have been paid for with taxpayer dollars for that reason…and not to provide a very expensive garage (guess at least $250,000 to $350,000) for a lawn mower….which has to be the most expensive shelter for a lawn mower in New York State and perhaps the entire world!  If this practice continues your can be sure that I will be talking with:

        National Park Service Department of the Interior

        N.Y.S. Office of Parks , Recreation & Historic Preservation

        N.Y.S. Thruway Authority, Canal Corp…

    

    These are the folks that created a Federal, State, and Local Partnership to help fund/grant the Veterans Canal Park along with the people of Amherst.

    The current practice of locking out the public from duly funded facilities  intended for their use as restrooms to be used for a shelter for a lawn mower is not only exceptionally foolish, unconscionable and politely , outright dishonorable to the funding partners in this endeavor.   In religious terms we call this poor STEWARDSHIP.

6.  As one who transports his John Deer Tractor to the Outskirts of Niagara County to mow trails and a few acres of grass, I would suggest that you find a place in the Town garages, and haul the mower back and forth and keep it out of the rest rooms and return them to their intended and funded use!

    

It is good news that there may be plans to build an addition on to house the mower there…but meanwhile we all see a lot of town trucks in and out of park on a regular basis to haul such equipment.   We are used to seeing landscapers with their trailers all over town.

7.  There are and will continue to be more and more paddlers…it is the wave of the future.  There are also more and more older guys /and gals with bladder issues who desire to use what is already at the park… good clean restrooms.  I have not personally witnessed the vandalism of which you refer…and I don’t doubt your word…but I would like for the town board…if they haven’t , to receive a full report to the extent of such…I would expect that there may be a need someday for a food vendor at the park and a future realization of the vision once held for that location…

Sincerely,

Rev. David L. Donner

Retired Pastor. Amherst Parish and Interim Pastor Zion United Church of Christ.

Vice President of Cape Ability Outrigger Ohana,,, chapter of Disabled Sports USA

(Petitions to be solicited on night of Parade if immediate action is not taken.)

Our Lying Supervisor Mohan Calls Council Member Guy Marlette Corrupt

Supervisor Mohan had been trying to reach an agreement with the police union for over two years to no avail.  He then asked a trusted Republican ally, Council Member Guy Marlette, to help settle the contract dispute.  Councilman Marlette had the respect of the police union and the full confidence of his fellow Town Board members, both Democrats and Republicans.   

Marlette was able to negotiate as contract, brought it to the Council and the Board voted.  The police contract passed 6 to 1.  Three Democrats and three Republicans voted for it.  Mohan voted against it. 

When Mohan was part of the team he called for seven meetings yet only attended two.  Marlette and the rest of the negotiation team worked hard and met often to solve the contract hitches before they would have had to go to arbitration.  If arbitrators came in they would have given the policeman a much better deal than the Town was offering.   

Supervisor Mohan’s mouth spit out a litany of lies about Guy Marlette concerning the negotiated contract.  He called Marlette a corrupt person who sold his soul to the police union.  Mohan also said Marlette irresponsibly handed over taxpayer money to the police union.

These lies greatly upset Council member Marlette but he reacted calmly to Mohan’s comments.  He stated he never received money from the union when he ran for office.  He called Mohan’s allegations, “insulting and somewhat disgusting” and, “a complete lie.”

In truth it was Mark Manna who received the endorsement of the Police Club and advertised it almost daily during the last days of the campaign on the radio.  Supervisor Mohan‘s memory was totally confused on who did what, but he continued to attack Marlette.  Council Member Marlette said Mohan was lying about nearly everything he was screaming about the negotiated police contract.  

The audience understands when a man is lying and Mohan was a disgrace for being a lying, dishonest man, as he has been for the entire two years he’s been Amherst Supervisor.

After Mohan disgraced himself he sat dejected and angry because his little tirade failed to convince the public he was a hero by trying to cut the police budget apart.

The article in the News should have made it clear that Mohan’s act to come out as a hero for the people was simply a pitiful attempt to try to fool the people once again.

Religion and Its Role Are in Dispute at the Service Academies

The question of the day is, should religion be banished from our military academies?  There is a question about whether the cadets, or midshipmen or whatever, should be required to hear prayers at the opening of galas, ceremonies and other gatherings.

“Religion in the military has come under increasing scrutiny in recent years, especially because the close confines of military life often put two larger societal trends — the rise of evangelicals and the rise of people of no organized faith — onto a collision course.”

“At the Naval Academy in Annapolis, Md., nine midshipmen recently asked the American Civil Liberties Union to petition the school to abolish daily prayer at weekday lunch, where attendance is mandatory. The midshipmen and the A.C.L.U. assert that the practice is unconstitutional, based in large part on a 2004 appellate court ruling against a similar prayer at the Virginia Military Institute. The civil liberties group has threatened legal action if the policy is not changed.”

“But the academy is not persuaded.”
[read whole story]

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