fix buffalo today, archive

Smart City...

2007-11-14T16:48:00.000-08:00

I totally missed this recent segment...listen here!

Even America's most depressed downtowns are showing vigorous signs of life. It's a surprising development no one predicted in the bleak years of the 1970's and 80's when many so-called experts dismissed the idea of downtown revitalization as wishful thinking in the age of surburbanization.

Dave Feehan, who heads the International Downtown Association, is here to tell us how downtowns have defied predictions and come back strong. David has devoted more than 35 years to rebuilding and revitalizing cities, directing downtown programs in Des Moines, Detroit, and Kalamazoo, and neighborhood development programs in Pittsburgh and Minneapolis.

Also with us is Dennis Maher, a sculptor working in Buffalo who brings new life to abandoned buildings by using the waste of other restoration projects. Dennis defines his work as "afterlives, the attempt to renew and to give another life to the wasted remains of a city." Dennis is an adjunct professor at the University at Buffalo.

And we'll hear from Nate Berg of Planetizen and Walker Smith of Yankelovich with his commentary on the stress of change, this week on Smart City.

Listen to host Carol Colletta - list of additional stations/times - 7pm Sunday on WNED - 970 in Buffalo, NY. Past Shows are archived and the newsletter is published regularly.

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Artspace • BAVPA • Woodlawn Row Houses • my flickr

the creativity exchange • latest blog comments

2005-12-03T16:53:00.000-08:00

Napa adds to renewal of Michigan- Genesee area

Auto parts retailer in ex-Anthone store

By SHARON LINSTEDT
News Staff Reporter
12/2/2005

A long-idle retail storefront at the corner of Michigan Avenue and Genesee Street downtown has come back to life as a Napa Auto Parts store, joining a growing list of fresh investment in that neighborhood.

"It's a prime location with lots of potential customers," said Dave Jemiolo, manager of the company-owned Napa store that debuted this week. "Our corporate people looked at several locations downtown and took into account the redevelopment that is happening and how everything is moving upward."

The new Napa store, the company's third Buffalo location, fills space vacated in 1993 by Anthone Furniture, which had occupied the building for 74 years. The site was briefly used as a nightclub, but has sat boarded up most of the past decade.

Jemiolo said the turn-of-the-century building's unique characteristics, including interior support pillars, required a one-of-a-kind store layout.

"Napa stores are pretty much cookie cutter with everything predetermined, but this was the exact opposite. Everything had to be customized to fit into the space and around the pillars. It gives it a lot of character and a nostalgic feel," he said.

Another non-standard touch is the exterior wall mural that rises above the store on the adjoining building. Napa hired local artist Blair Rusin to come up with a 1930s scene of a bustling downtown Buffalo to give the site additional flair.

"It shows Buffalo at the height of greatness, lots of activity. Hopefully that's where things are headed again," Jemiolo said.

Napa's investment and unexpected flair has not gone unnoticed by neighboring business Quermback Electric Inc., located across the intersection at 215 Genesee St. Operating continuosly at the site since the 1940s, Quermback spent several years as the sole business at that corner.

"We've stuck it out down here from the good times to the bad," said Brian Radzwill, vice president of the family-owned electric supply company.

Over the decades Quermback morphed its operation from a full-service electric store with consumer showrooms to a company whose primary customer base is now the professional building trades. As neighboring businesses closed and foot traffic fell, it adjusted its hours to eliminate evening and Saturday sales.

Quermback now relies heavily on a small fleet of trucks to speed electric fixtures and supplies around the the city, the suburbs and beyond.

"We were doing fine without other businesses around us, but it was a nice surprise to hear what Napa was up to," Radzwill said. "It was great to see the boards come down off the building."

Napa may be the first new retailer in the neighborhood in decades, but it isn't the only new life. In recent months the Maritime and Pinnacle charter schools have both moved into renovated light industrial space near the corner of Michigan Avenue and Genesee Street.

A new medical facility project just saw groundbreaking on the northwest corner of the intersection which will bring nearly $5 million in capital investment, plus patient traffic.

The neighborhood also sits between the Buffalo Niagara Medical Campus to the north, and the emerging Michigan Avenue cultural tourism corridor to the south.

"This is another clear, in-your-face indication that our city is healing and improving," said Mayor Anthony M. Masiello. "That was a tough corner not that long ago and practically overnight there's a diverse mix of retail, medical, educational and cultural investment."

2005-11-09T09:26:00.000-08:00

100 Churches May Shut, Merge

Catholic Diocese faces precipitous drop in number of priests

By JAY TOKASZ News Staff Reporter11/8/2005

As many as 100 churches in the Catholic Diocese of Buffalo would have to be closed or merged to bring the diocese in line with others of similar population, geographic size and priest numbers.
Diocesan officials said they don't know yet how many churches would be targeted for closing or merger.

But some members of a diocesan planning commission acknowledged during interviews with The Buffalo News that they anticipate anywhere from 60 to 100 parishes could be consolidated or closed over the next two to three years - in anticipation of a precipitous drop in the number of priests available to staff churches.

More than a third of diocesan priests are scheduled to retire in the next decade.

Diocesan officials forecast 142 diocesan priests will be available in 2015, down from 234 diocesan priests who are currently active in ministry. The diocese of about 700,000 Catholics in eight counties has 274 parishes and missions.

Diocesan officials, who launched a two-year restructuring process over the summer, have emphasized repeatedly that they won't know how many churches will be closed or merged until all parishes have had an opportunity to review themselves over the next several months.
"It's too early in the process," said spokesman Kevin A. Keenan. "We just don't have that."
Bishop Edward U. Kmiec, nonetheless, explained in a meeting with priests that dioceses with similar populations and priest numbers on average have 80 to 100 fewer parishes than the Buffalo Diocese.

In its analysis, diocesan officials examined 18 other dioceses, including Cincinnati, Cleveland, Hartford, Pittsburgh and Syracuse.

Some already have gone through a restructuring, notably Pittsburgh, which trimmed more than a third of its parishes.

"Some have done it well, and other dioceses have not done it so well, and the difference really is how involved the people are," said Sister Nancy Hoff, president of the Sisters of Mercy of the Americas, Regional Community of Buffalo, and a member of the planning commission appointed by Kmiec .

Some commission members agreed that the diocese probably would have to consolidate at least 60 parishes and possibly as many as 100 in an effort to make the remaining parishes more vibrant.

"That would be reasonable to expect," said Debbie Brown, director of sacramental and liturgical life at St. John the Baptist parish in Lockport and a commission member.

Monsignor Leonard E. Biniszkiewicz, pastor of St. Teresa of the Infant Jesus and also a commission member, termed such a pruning "very reasonable" to expect.

"Whether that's going to be the reality in the end, I don't know," he said. "The commission has not come up with a plan that's already in effect or anything like that."

Biniszkiewicz said the diocese, even when it was flush with priests, was overbuilt with parishes.
Several far-flung rural parishes were established with the idea that they would grow. They continued on for years, often as a training ground for young priests, even though the growth often never happened.

"It was not irresponsible; it was just the age we lived in. It's a totally different story now," said Biniszkiewicz.

The diocese's plan for restructuring, called "Journey in Faith & Grace," moved into its second phase last month. Over the next year or so, clusters of parishes will develop recommendations for the future configuration of churches and schools within the cluster. Those recommendations will be forwarded to the planning commission by Jan. 1, 2007.

Diocesan officials and commission members emphasized that no parishes have been targeted for closure at this point.

And some commission members weren't as convinced about widespread closures.
"I don't know whether the solution is always closing parishes. I'm sure some will, but there are other creative things to do," Hoff said.

The priest shortage isn't the only reason for the diocesan-wide restructuring.

To illustrate, diocesan officials have unveiled reams of statistics, available at the diocesan Web site, buffalodiocese.org.

Average weekend Mass attendance is down 15 percent since 1995; baptisms and marriages are down 41 percent and 34 percent, respectively, in that same time period; and the number of registered Catholic households has fallen 8 percent.

"Even if we had enough priests, even if money wasn't an issue, we still need a spiritual renewal," said Brown. "The statistics are alarming, but it's saying we're not getting the job done and people aren't coming. We need to be more spirit-led."

Nearly two-thirds of priests currently assigned to Catholic churches in the City of Buffalo either will be retired or serving in suburban or rural parishes within the next decade, according to diocesan projections.

The diocese has 50 priests working in 58 parishes in the city. That number would decrease to 18 priests by 2015, based on a model that diocesan officials are examining for how they might staff churches in the future.

The model is based on average weekend attendance in geographic segments of the diocese called vicariates.

The city, which is no longer predominantly Catholic, would see the biggest loss of pastors in those forecasts.

The projections are part of a list of guidelines developed by the planning commission.
The 28 pages of guidelines feature a "checklist" of indicators that parishioners should consider when determining whether a church is vibrant enough to continue.

The checklist asks rural parishes if they have at least 100 active families; urban parishes, at least 500 active families; and suburban parishes, at least 1,000 active families.

It also inquires whether the church is at least two-thirds full for each weekend liturgy.

"We have to start evaluating our parishes, and that, as far as I'm concerned, is saying to every single parish in the Diocese of Buffalo, do we have the right to exist?" Biniszkiewicz said. "As we do this now, hopefully we will create the kind of parishes where this need not happen again."
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related posts: "Annals of Neglect"

BN 10/13/05 Artspace

2005-10-13T23:03:00.000-07:00

Invigorating Main St. pulse, old factory will be new haven for artists to live, work
By MARK SOMMER
News Staff Reporter
10/13/2005

A project offering low-income, loft-style living and work spaces for artists - the most ambitious to be undertaken in Buffalo - was formally unveiled Wednesday.

The 60-unit project will be in and behind the historic 1914 building that housed Buffalo Electric Vehicle Co., an automobile factory, at 1219 Main St. It is the 19th project by Artspace Projects, the nation's leading nonprofit developer of space for artists and arts organizations.

Sen. Hillary Rodham Clinton, D-N.Y., who helped secure critical funding, was on hand at Kleinhans Music Hall to celebrate the project's launch.

It was the second stop on her visit to Buffalo on Wednesday, sandwiched between an endorsement of State Sen. Byron W. Brown, Democratic candidate for Buffalo mayor, and support for a state promotional campaign for apples.

"This arts project will bring new life and activity into Buffalo, and further enhance the city's reputation as a creative arts destination," Clinton said.

"The arts are an engine for economic development. They clearly are the means by which we revitalize neighborhoods, buildings and communities."

Mayor Anthony M. Masiello hailed Buffalo Artspace as one in a number of projects that are populating downtown through conversions of historic buildings into lofts, apartments and condominiums.

The mayor said he hoped that Artspace Buffalo would also be a catalyst for more development of industrial structures for artists' living and work spaces.

The design by lead project architect Hamilton Houston Lownie Architects calls for 36 units in the renovated brick factory, also known as the Breitweiser Building. It was recently added to the National Register of Historic Places.

Sizes for the living/work spaces in the five-story building will range from studio to three-bedroom and feature 10-foot-tall windows and exposed concrete floors. The top four floors will be "hard loft" housing - flexible, multipurpose spaces without much trim or adornment, along with exposed masonry walls, ceiling structures and mechanical systems.

Twenty-four units are planned for a new building behind it that architect Matt Meier said will be "a hybrid industrial warehouse environment" that maintains the feel of a residential neighborhood.

Monthly rents will range from $450 to $895, including utilities. There also will be ground-floor commercial space for arts-compatible businesses.

The event brought an outpouring of local arts administrators seeking a glimpse of the Artspace design.

"The timing is really perfect, because we have so many new developments going on downtown," said Lawrence Brose, executive director of CEPA Gallery in the Market Arcade.

"People aren't waiting any longer for something to happen. They are just doing it, and that's really great."

Louis Grachos, director of Albright-Knox Art Gallery, said, "It's an exceptional project, and it's rewarding for me as a museum director to see initiatives like Artspace really taking over in Buffalo."

Clinton's and Masiello's help in bringing the project to Buffalo drew praise from Wendy Holmes, vice president of resource development for 26-year-old, Minneapolis-based Artspace. "We wish we could have this much support in our own back yard," she said.

The $16 million project - which includes $1.1 million from the private sector - is expected to open in December 2006. Interior work is scheduled to begin this December. For information, visit www.artspacebuffalo.org.

Clinton also appeared Wednesday at a fund-raising event for Brown in his campaign office and joined Rep. Louise M. Slaughter, D-Fairport, and officials from a trade association and JetBlue Airways in supporting a promotional campaign for New York State apples.

e-mail: msommer@buffnews.com

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Artspace Archive • Annals of Neglect • BAVPA • Where is Perrysburg? • Broken Promises...
Writing the City • Woodlawn Row Houses • Tour dé Neglect - 2006

2005-10-11T20:54:00.000-07:00

Buffalo News October 11, 2005

Group to study vacant properties in Buffalo, three towns
By MATT GLYNN
News Business Reporter
10/11/2005

Vacant and abandoned properties cause an unwelcome ripple effect, hurting property values and draining community resources.

A team of outside experts is trying to help Buffalo and three suburbs find solutions, mindful of the financial restraints the city and Erie County face. When their research is finished, they will recommend ideas that local decision makers can use to redevelop vacant properties, reclaim abandoned sites, and prevent others from falling into disrepair.

Experts with the National Vacant Properties Campaign recently visited Buffalo to interview a host of people who deal firsthand with the problem, through avenues like policymaking, the courts or nonprofit work.

Members of the assessment team will return later this month, to focus on vacant properties in Cheektowaga, Tonawanda and Amherst as part of the project's regional approach.

Joseph Schilling, the team's leader, concedes Buffalo is in a difficult position to tackle the problem, since the government is operating under a control board. But he said he was encouraged by the interest shown by the various stakeholders he and others in the group interviewed.

"There are a lot of people who are really committed to Buffalo," said Schilling, who is a professor at the Metropolitan Institute at Virginia Tech in Alexandria, Va. He recently completed other vacant-property assessments in Cleveland and Dayton, Ohio.

Enthusiasm alone won't solve the problem, but Schilling said such interest is essential to build momentum for change.

Four organizations are collaborating on the vacant properties campaign: the Local Initiatives Support Corp. (LISC), Smart Growth America, the International City/County Management Association and the Metropolitan Institute at Virginia Tech.

The University at Buffalo Institute of Local Governance and Regional Growth, and the Amherst Industrial Development Agency are co-sponsoring the project with LISC.

Buffalo was one of seven urban areas around the country chosen from a pool of more than 50 to participate in the National Vacant Properties Campaign project, as Buffalo copes with vacant properties spawned by population decline and urban flight.

Among the problems team members heard local officials say they want to resolve: how to take control of vacant or abandoned properties more quickly, before they fall into disuse, said Michael Clarke, program director of Buffalo LISC.

Another issue team members are researching: increasing coordination among different efforts in the region to deal with vacant properties, so that strategies don't overlap or work at cross purposes.

In other communities, the campaign has encouraged greater local collaboration as a path to success.

Since the study has a regional approach, the team members will also look at vacant properties in Amherst, Cheektowaga and Tonawanda.

"Everyone is coming to understand that this is an issue to deal with," Clarke said.

In Amherst, the problem is primarily chronically vacant or underused retail and commercial buildings. Tonawanda and Cheektowaga have some vacant homes, partly due to population shifts or because some properties have lost market appeal.

The team members plan to finish a draft report by the end of the year and expect to make a formal presentation of their ideas in spring 2006, Clarke said.

2005-08-29T20:29:00.000-07:00

Partners for a Livable WNY - Archive

Here's an archive of e-mail reports I recieve from George Grasser regarding reports and events involving Partners for a Livable Western New York.

2005-08-28T22:33:00.000-07:00

Annals of Neglect...

"We'll have to be transparent, to make people feel
as if we're not concocting something behind their back."
- Bishop Kmiec

I'll be tracking Bishop Kmiec's "journey to avoid housing court" and matters relating to the catholic church's downsizing here in Buffalo, NY. I'll try to compare how other Catholic dioceses across the country deal with similar matters including abandoning inner-city property, “demolition by neglect” and housing court issues.

I think it would be interesting to compare "bishop's residences" in other cities experincing the Buffalo's decline and "detroitization" with the surrounding neighborhoods. When possible, it might be helpful to draw some correlations between the value of an average house and the value of the bishop's house. Said otherwise Bishop Kmiec...sell your Mansion, move into a rectory and lead by example. It's not that difficult.

And while Bishop Kmiec continues to reside at 79 Oakland Place, in the most expensive (highest assesment) residence in the City of Buffalo, it's helpful to remember what happens to former Catholic Church property when it's "flipped" to unsuspecting and irresponsible owners on Buffalo's east-side.

Writing and pictures appearing here on Fix Buffalo Today...

7/6/06 Kmiec's Folly
5/26/06 WWJD?
5/5/06 Saving Transfiguration
5/5/06 Backsliding in Buffalo
3/18/06 Mecca or Rome?
3/6/06 Pew News
2/28/06 Journey to Avoid Housing Court
1/04/06 More Transfiguration Pics...
12/11/05 Sign of Things to Come?
12/4/05 A Collaborative Effort?
11/22/05 Another McChurch
11/13/05 St. Stans
11/13/05 Bishop Kmiec's Right Hands
8/28/2005 No Plans to Sell 79 Oakland Place
7/5/05 Flipping Churches
7/4/05 WTF Do I Know
6/30/05 Demoltion by Neglect Meets Urbex
5/26/05 Shrinking City...Shirking Church?

Buffalo News - Articles, letters...

6/9/05 Major Restructuring Planned
11/9/05 100 Churches May Shut

Diocesan Stuff...

Diocese of Buffalo website
"strategic plan" or "How we plan to avoid Housing Court - Just like we did in 1993"

Slide Shows...

Falling Down - 29 images of East Side churches ready for demoltion...flickr slide show
Dodge Street Interior - former German Roman Catholic Orphan Home, 564 Dodge Street
Dodge Street Exterior - ditto, exterior

2005-08-22T16:41:00.000-07:00

Information about Post Office Relocation

I received the following notes from Allita Steward this afternoon regarding the PO 14209's relocation...
____________________________

William Moncrief, Real Estate Specialist for the Northeast Facilities Service Center expressed the Post Office’s desire to expand its operations at the Buffalo, NY Station C Post Office. Postal regulations require that the USPS keeps the City of Buffalo and the local community advised as when expansion or relocation is under consideration. Due to a lack of available land adjacent to the existing facility or available space to reconfigure the interior of the facility, the existing location cannot be expanded to meet future operational requirements. The USPS plans to advertise for both an existing building and a site to construct a new facility. If we find that an existing building is not suitable, then they will construct a new facility.

Key People...

Timothy Wanamaker - Executive Director - Office of Strategic Planning
Room 920 City Hall
Buffalo, New York 14202
Phone: (716) 851-5050
Fax: (716) 845-0172
twanamaker@city-buffalo.com

Allita Steward - Community Planner - Office of Strategic Planning
Room 920 City Hall
Buffalo, New York 14202
Phone: (716) 851-5050
Fax: (716) 845-0172
asteward@city-buffalo.com

Local US Postal Service Personnel:

Victor C. Laudisio - Customer Relations Coordinator, U.S. Postal Service
1200 William St. Room 200
Buffalo, NY 14209-2407
Phone: (716) 846-2536
Fax: (716) 846-2407
victor.c.laudisio@usps.gov

Marvin Randolph - Customer Service Manager, U.S. Postal Service
1245 Main Street
Buffalo, New York14209
Phone: (716) 883-8708
marvin.t.randolph@usps.gov

National US Postal Service Personnel:

William S. Moncrief - Real Estate Specialist
Northeast Facilities Service Office
6 Griffin Road North
Windsor, CT 06006-0300
Phone: (860) 285-7181
Fax: (860) 285-1287
william.s.moncrief@usps.gov

Robert Lipman - President
The Crown Partnership, Inc.
45 John Street, Suite 1011
New York, NY 10038-3706
Phone: (212) 349-9400
Fax: (212) 843-8224
robert.lipman@crownpartnership.com

July 13th—Community Meeting Notes

The Postal Service has specified their preferences for the new post office location to have available:

11K sq. Ft
67- 73 parking spaces (to accommodate 21 customers, 28 employees, 16-21 postal vehicles)
A 1 story stand alone

The current location has a site area of 29,438 sq. ft. which includes:

6550 sq. ft. Net floor space
21k sq. ft. Parking and maneuvering
159 sq. ft. Ramp and stairs
205 sq. ft. Basement
101 sq. ft. Dock and maneuvering
423 sq. ft. Platform

Introduction of Marvin Randolph
45 Day period started on June 28th
Site selection is being performed, site to be determined after 45 day period by the private site selector
City proposed sites to Crown Partnership

Owner of Buffalo Motor Lodge will sell for $2.2 million (unofficially, according to broker from Pyramid Brokerage)
Would eminent domain be used to take a property?
Leasing back the PO from a developer – are taxes paid to the city on property?
PO would like a 1 – Story, stand alone structure
Community wants Proper Urban Design consistent with the Transit District Overlay

2 – story Post Office:
Back Bay in Boston
Potomac in DC

Loss of PO jobs to Rochester? Losses are typical of nationwide PO consolidation PO needs 11,000 sq/ft
Passports = $$
Customer Parking
Handicap Access
Dock Security
Dock Access – 6, 40ft vehicles a day, plus UPS
Interior parking for PO Jeeps – 21 vehicles

Balcom – possible traffic circle proposed by Bethel, still needs seed money
Main & Ferry – Willoby Insurance/1.6 Acres $500,000 (unofficial, according to broker from Pyramid Brokerage) Near the new Performing Arts High School
Jefferson Avenue
PO not married to Main Street
PO 1 mile, preferably ½ mile radius from current location
Gas station just beyond Utica
Just over an acre
Gas station contamination

City site-remediation reimbursed by the State
Very time consuming process

PO relocation ~ 18 months to opening in new location
Major cross street location?
Good for customer access
Safety-wise, not a problem
Houses behind a commercial property - Ferry & Main

Hold-out – would city take the property through eminent domain Federal government?

Society of St. Vincent de Paul Building and Enterprise Car Rental site Large site
Need to relocate services provided on the site
Packard Building

Cash owns the homes behind the site also

Main & Ferry – Car wash and Glass place
Corner Building owned by Scot Fisher – owns Oxford to Main on Ferry
Urban Corner – when included with two other possible developments
CAO property at Dodge and Parade
Focus on Main & Ferry

$32 million is being spent at New Performing Arts High School

Upcoming Meetings

Wednesday July 20th, 2005 @ 6pm
Tuesday July 26th, 2005 @ 6pm

Same information covered at all three meetings, opportunity for all in community to participate.

July 20th -- Meeting Notes

Rundown of Post Office requirements

Locate within ½ mile radius of present location
Preference for Main Street
Current PO is 7333 sq/ft
New: 11,000 sq/ft
Parking – 67 stalls: 21 for customers, 28 for employees, 17/18 for PO vehicle parking
Preference for a 1-story “cookie cutter” structure
Based on community feedback, open for anything
PO Real Estate Department makes the final decision on location
PO is soliciting input from the community as to site locations
PO will advertise for site solicitation within 15 days

Councilman Thompson:

Push to locate PO on Jefferson Avenue
Requested map with locations of facilities in the city
Wondered if the East Side is underserved by PO locations
Jefferson Avenue is undergoing significant improvements, and the PO relocation could help keep the ball rolling
Possible Jefferson Avenue locations:

Jefferson and Woodlawn
Jefferson and Riley
Numerous city-owned properties at both corners
Maybe a small retail site on Jefferson?
Does not necessarily make sense financially to the PO
These are called ‘Contract Stations’
Invited all in attendance to a Breakfast Meeting on August 13th at the Delevan/Grider Center

Residents who live west of Main Street may not make the trip over to Jefferson Avenue
Possible traffic congestion on Jefferson with new developments there
Residents from west of Main Street who walk to the PO will probably not walk as far as Jefferson Avenue
Problems with routing PO delivery trucks to Jefferson Avenue

Possible PO site: Main and Harvard – currently the site of a parking lot
Can pull customers from both the west and east sides of Main Street as well as Canisius College students
Located closer to the Scajaquada Expressway (NY-198)
Could bring cross-Main Street residents together in one location
Could be impetus for strong corridor development between Delevan Avenue and Ferry Street

New PO location should be placed away from “nefarious” activities
Should protect pedestrians from criminal activity

Correspondence can be sent to PO at:

Dave Patterson – located at 1200 William Street
Dennis Wnuk – located at 1200 William Street
Bill Moncrief – Real Estate Specialist

Timeframe:

18 Months from start to finish

Construction

PO will solicit local companies
Will follow diversity standards – Allita will look into what these standards are

USPS is becoming more retail oriented
What is the current number of walk-in retail transactions
New PO may include more PO Boxes, passports, more service windows
Final decision: about 75 days from first public meeting

PO Advertisement:

Will solicit comments from public as to possible sites
Will include all the parameters for which the PO requires for a site

Related Post: 14209 Re-Location Archive

2005-08-18T23:56:00.000-07:00

Pataki Press Release 8/18/05

FOR IMMEDIATE RELEASE:
August 18, 2005

GOVERNOR: $11 MILLION FOR BUFFALO ARTSPACE PROJECT

Project Will Bring Affordable Housing, Retail Space to Downtown

Governor George E. Pataki today announced $11 million in State funding to help renovate the former Buffalo Electric Vehicle Company building in downtown Buffalo. The funds, which were awarded through the State Division of Housing and Community Renewal (DHCR), will be used to create a mixed-use building complete with commercial space, artist lofts, family and special needs housing.

"The Artspace project is a significant step in our continuing effort to redevelop downtown Buffalo," Governor Pataki said. "This project combines our commitment to affordable housing and economic development, creating new, high quality affordable housing opportunities, while transforming the historic Buffalo Electric Company building from a vacant structure to a vibrant new center. We will continue to partner with localities and the private sector to keep growing our economy and expand access to affordable housing for New York's working families."

U.S. Representative Thomas M. Reynolds said, "Artspace is an important project not only for the city of Buffalo, but our entire community. It means better housing, a stronger arts community, and greater economic development opportunities. I'm pleased to have been able to be a part of keeping this project moving forward, and salute Governor Pataki's continued commitment to our area and Mayor Masiello's vision."

Senator Dale M. Volker said, "Governor Pataki has continued to make long-term investments for the Buffalo region and this announcement furthers his commitment for the City of Buffalo to revitalize and diversify its housing market. With an economy that continues to grow and expand, comes the need for affordable housing and retail space. Today's announcement by Governor Pataki will allow this pivotal project to move forward so that both businesses and individuals can continue to live and work in the City of Buffalo."

Senator Byron Brown said, "The Artspace project will be an excellent shot in the arm for the rebirth of Main Street. With all of the development in the Buffalo-Niagara Medical Corridor, affordable housing will be a much needed addition. This project shows the commitment the Western New York Delegation and the Governor have made to revitalizing Downtown Buffalo."

Assemblywoman Crystal Peoples said, "Buffalo is a city rich in architectural treasures. This project not only restores these historic structures, but provides much-needed affordable housing opportunities for our city residents."

Buffalo Mayor Anthony M. Masiello said, "This project ensures that the creative class will contribute to the revitalization of our City. Almost every block of Main Street now has significant new investment; this continues the momentum of the Medical Campus and downtown housing."

L. Kelley Lindquist, President, Artspace Projects, Inc. said, "We are delighted that the Buffalo project has received this award. This project has been blessed with great leadership from both the City of Buffalo and the State of New York. Thanks to that leadership, we can now proudly envision a permanent and affordable home for working artists and arts organizations on Main Street in Buffalo."

The project is the rehabilitation of a historic vacant commercial building and the new construction of six townhouse-style buildings on adjacent vacant land. Once completed, the project will consist of 60 residential rental units and retail space.

DHCR Commissioner Judith A. Calogero said, "Today's announcement reflects the Governor's dedication to affordable housing creation and to economic development in the region as well. The best gauge of that commitment is his record: since 1995, over $9 billion has been invested in affordable housing in the State of New York, using a combination of State appropriations and Federal resources. As a result, more than 170,000 affordable housing opportunities have been provided for low- and middle-income families."

Funding for the $15.5 million project will be provided by the New York State Housing Trust Fund Program, the federal Low Income Housing Credit Program, the New York State Low Income Housing Tax Credit Program, the City of Buffalo HOME and CDBG Programs, historic tax credits and a Community Preservation Corporation loan.

The Low Income Housing Trust Fund program addresses the critical need for safe, affordable housing opportunities for seniors, families and individuals. The Housing Trust Fund provides State funding to help construct new housing, to rehabilitate vacant or under-utilized residential property and to convert vacant non-residential property to residential use.

The Federal Low Income Housing Tax Credit Program (LIHTC) was established to promote private sector investment in the development and retention of rental housing for low-income seniors, families and individuals. The program provides a dollar-for-dollar reduction in federal income tax liability for project owners in direct relation to the number of affordable housing units they produce.

The State Low Income Housing Credit program (SLIHC) is modeled after the federal program but instead provides a dollar-for-dollar reduction in State income tax liability for project owners and serves households with incomes up to 90% of the area median.

2005-08-16T20:08:00.000-07:00

City gives up rights to former J.N. Adam center

By BRIAN MEYER
News Staff Reporter
8/11/2005

An eight-month battle over the future of a Perrysburg site that was once home to Buffalo's tuberculosis hospital took another turn Wednesday when the Common Council voted to give up the city's reversionary rights.

The Council's about-face paves the way for the state to sell the 650-acre site of the former J.N. Adam Developmental Center to a logging company that has pledged to "responsibly" manage the forest. The 7-1 vote is expected to end a legal fight launched by Trathen Land Co. of Livingston County, which accused the city of illegally blocking its plans to buy the land.

North Council Member Joseph Golombek Jr. was the only dissenting vote at Wednesday's special session, which was hastily called in the middle of the Council's August recess. Sale critics later scolded lawmakers for holding the meeting when Council President David A. Franczyk was out of town and unable to attend. Franczyk, a vocal opponent of the sale, sent a letter to peers urging them to continue to block the deal. "Not only is our city being cheated on the purchase price, a measly $333,900 when the parcel in question was assessed at $4 million two years ago, but the bidder has no solid, written or any plan . . . to preserve or reuse the buildings," Franczyk wrote.

Mayor Anthony M. Masiello praised the Council for reversing opposition to the deal, noting that the state will give the city 90 percent of the sale price.
e-mail: bmeyer@buffnews.com

2005-08-14T23:23:00.000-07:00

About Artspace...

As now planned, the project will consist of 55 live/work units in two buildings: the Sarabeth Building and a new structure behind it. There will be 30 live/work spaces in the Sarabeth Building and 25 in the new structure, ranging in size from 800-square-foot efficiencies to 1,700-square-foot three-bedroom units. In addition, 13,000 square feet of commercial space on the street level of the Sarabeth Building will provide offices and other space for arts organizations and arts-related businesses. The area between the two buildings will be used as a common space where residents can plant, work, and perform. Residents will have easy access to the Main Street Transit line, Buffalo’s only subway line, which runs directly in front of the building; the nearest station is one block away.

Artspace in November selected the Buffalo firm of Hamilton, Houston and Lownie (HHL) Architects in collaboration with Architects Alliance (aA) of Toronto. HHL has an outstanding reputation in the area of historic restoration, while aA specializes in new construction. We believe this will be an ideal team to help us design and build a facility that will work for your needs.

When you start thinking about the project imagine the area of Buffalo's east-side that it impacts....a few short blocks away near Ferry and Main we'll have permanent home of Performing Arts High School, re-locating very soon. Combined with the dynamic offerings of Canisius College just to the north and connected by our subway (who said it doesn't go anywhere) and just a few short blocks away, WNY's first black cultural organization, the African American Cultural Center and Paul Robeson Theatre. Of course just around the corner is the recently refurbished Apollo Theatre and the brand new Erie County Public Library - designed by Robert Trayham Coles.

Not bad for an emerging arts and educational neighborhood on the City's east-side...here's the map.

For additional information...and pics you won't see anywhere else....

Artspace Construction Updates - from 6/2006

Artspace, New Neighbors 12/18/04
Sarabeth Artist Lofts, BN article 2/6/05
Artspace Coming to the 'Hood 2/7/05
Artspace Needs a Hand 2/14/05
Artspace in the 'Hood 8/18/05
Artspace Gets Funding 8/19/05
Artspace Un-veiled at Kleinhans BN article 10/13/05
$266,666...You Do The Math 10/14/05
About Coe Place, next door 11/26/05
Artspace Investment Impact 1/8/06
Artspace Investment Impact - Part II 1/13/06
Artspace Area Auction 1/22/06 - 39 Coe Place
Hamilton Ward House 1/30/06
Artspace Investment Impact - Part III 1/31/06
Artspace Investment Impact - Part IV 2/17/06
Residential Investment - 4/29/06
Behind 1219 Main Street - 5/6/06

Artspace Buffalo - Official site
Artspace USA - Official site
Other Artspace Projects - pics

Buffalo Rising Story 1/10/06

2005-08-07T13:21:00.000-07:00

Monthly Row House Up-Dates

Follow these monthly up-dates to see the long slow process of "demolition by neglect" of one of Buffalo's historic land-marks. Remember this building was designated a "local-landmark," and sits diagonally across the street from the former Buffalo Traditional High School - soon to be the future home of Performing Arts High School. This building has been owned by the City of Buffalo since July, 2003.

update...February 2007 - if you are seriously interested in pursuing this project let me know. A local architect has recently completed a feasibility study that I can make available for your project.

click to enlarge

This cool map will orient you to 147-153 Woodlawn Avenue and this little 25 block corner of Masten bounded by Main - Jefferson and East Ferry - East Utica.

May 2008
March 2008
August 2007
June 2007 - Saved?
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
December 2004
November 2004
October 2004 - Photo 2, 3, Update 1, Update 2, Update 3 - Preservation Coalition Meeting
September 2004 - Photo 2, 3, 4
June 2004 - Photo 2, 3, 4
May 2004 - Photo 2, 3, 4
March 2004 - Photo 2, 3, 4

2005-08-01T21:11:00.000-07:00

More Wi-Fi

From the Buffalo News 7/29/05

Sleek wireless laptops shared picnic table space with hot dogs and Frisbees as business leaders and tech fans came together for Thursday afternoon's "Wi-Fi Day" in the Erie Basin Marina.

While Buffalo Mayor Anthony M. Masiello spoke of the importance of expanding wireless Internet hot-spots across the city, Nicole Walter and her husband, Todd Walter, sat nearby testing the connection at the marina, a hot-spot added last summer.

"It's lightening fast," said Nicole Walter, a 30-year-old sales representative for CXtec in Williamsville.

The Walters were planning to leave soon to go shopping for a carpet, but changed their minds. They decided not to leave the cool lake breezes and harbor views, and instead started their shopping online.

Stories like that please Les Hoffman. As director of technology and training for the Erie County Industrial Development Agency, Hoffman started the process of getting Buffalo wired for wireless connections.

A few years ago, Hoffman started BuffaloWiFi.org, a quasi-public entity that has set up eight locations where anyone with a wireless-enabled computer can get on the Internet for free. The organization is funded by private donors and utilizes the City of Buffalo's Internet service.

It was also the main sponsor of Thursday's event, which featured booths by various Internet service and equipment providers as well as contests for free equipment.

"We wanted to have a summer event where we can highlight wireless technology and future technology," Hoffman said.

Wi-Fi, short for Wireless Fidelity, is a transmission standard for wireless Internet connections from a transmitter, which allows wireless-enabled laptops within a certain radius to connect to the Internet. Starting on college campuses and in coffee shops, it has now spread to suburban restaurant districts, parks, homes and office buildings.

Hoffman described the city's wiring as an effort to improve the Buffalo's business environment and image in technology circles. If the city wants to lure technical talent through initiatives such as the Center for Excellence in Bioinfomatics, it must provide these types of amenities, Hoffman said.

Buffalo ranked 56th in Intel's latest "Most Unwired Cities Survey," ahead of Rochester and Syracuse but behind many tech centers like Austin, Texas, and Colorado Springs, Colo.

"Everything is becoming wireless," he said. "So we're just keeping Buffalo up to speed with the rest of the world."

A small crowd came out for Thursday's event, and Hoffman said his organization did not have any numbers on how many people are actually using the Wi-Fi sites.

"But we know there's a demand out there for it, so we're not overly concerned," Hoffman said.

He said part of that demand would come from the younger generation, which is getting used to such amenities on college campuses.

That's true for Ed Schmidt and Ben Sheron, two recent Canisius High School graduates who are heading to college in the fall. Schmidt, who will attend the University at Buffalo, said he and his friend came to Wi-Fi Day to learn more about what's going on in the wireless world in the Buffalo area.

Both talk expertly about things like wireless cards and Internet protocols and say they've been "techies" for awhile. Schmidt said it all started in 5th grade when he got the family's old computer.

"(My mom) was very surprised I set the whole thing up myself, and its pretty much been known since then that I'd do something with technology," Schmidt said.

He called the wiring of his home city "a very good thing" and said he would seriously considering coming down to the marina to enjoy the weather and surf the Web.

2005-07-13T12:39:00.000-07:00

Motion for Summary Judgement - 6/8/05

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF Cattaragus

TRATHEN LAND COMPANY, LLC,

Plaintiff,

AFFIRMATION

-vs- Index # 69906

THE CITY OF BUFFALO,

THE STATE OF NEW YORK,

EMPIRE STATE DEVELOPMENT CORPORATION,

DORMITORY AUTHORITY OF

THE STATE OF NEW YORK,

TOWN OF PERRYSBURG, NEW YORK

Defendants.

STATE OF NEW YORK )

LIVINGSTON COUNTY )ss.:

SCOTT D. CANNON, being duly sworn, affirms under penalty of perjury as follows:

1. I am an attorney duly licensed to practice law in the State of New York and make this affirmation in support of a Notice of Motion for summary judgment submitted by the plaintiff herewith.

2. This affirmation is based upon books and records kept at my law office and my personal knowledge of events detailed herein, unless stated “upon information and belief”.

3. This action was commenced on May 17, 2005 by the filing of a summons and complaint in the Cattaraugus County Clerk’s office. A copy of the summons and complaint is attached hereto and made a part hereof as Exhibit A. The summons and complaint was then personally served upon each of the defendant’s as illustrated by affidavits of service filed by your deponent in the County Clerk’s office.

4. This is an action to quiet title to a 649 acre piece of real property in the town of Perrysburg, Cattaraugus County presently owned by defendant State of New York (“State”). This property is commonly known as the J.N. Adam Developmental Center (the “premises”). The State acquired title to this property from the City of Buffalo by virtue of two deeds filed in the County Clerk’s office, copies of which are attached to the summons and complaint as Exhibits 2 and 3.

5. The operative deed at Exhibit 3, filed in 1960, relates

“.... in the event that at any time subsequent to this conveyance the State Commissioner of Mental Hygiene determines that it is no longer economical or advisable for the State to continue to operation of said J.N. Adam Memorial Hospital for the care and treatment of mentally retarded patients, then, upon the discontinuance of such hospital by the State, the title to the above described and herein granted lands and the buildings pertaining thereto, together with all other rights and interest in the real property pertaining to said hospital and herein granted by the said party of the first part, shall, without obligation on the part of the party of the first part, revert to and be revested in the said party of the first part.” (hereinafter the “reverter clause”).

6. This reverter clause is the subject of plaintiff’s claims. As plaintiff has signed a contract with the State to purchase the premises, he cannot acquire good title under the cloud of the reverter clause.

7. It is beyond dispute that the reverter has been “triggered”, as the premises ceased to have been used for the care and treatment of mentally retarded persons since the spring of 1993.

8. Attached hereto and made a part hereof as exhibit “B” is the Answer of defendants State of New York, Empire State Development Corporation, and Dormitory Authority of the State of New York. In this Answer, all of the defendants admit, in paragraph “SEVENTH”, that the premises ceased to be used as a hospital for the care and treatment of developmentally disabled/retarded persons in April, 1993. This is significant as defendant State of New York is the titled owner to the property and managed the facility through the New York State Office of Mental Retardation and Developmental Disabilities.

9. Also attached hereto as Exhibit “C” is an affidavit of Cindy L. Lauer, former town clerk and supervisor for the town of Perrysburg, in which she swears by her own personal knowledge that the premises ceased being used as facility for the care and treatment of developmentally disabled/mentally retarded persons in 1993.

10. Ms. Lauer also relates in her affidavit that at no time during her tenure as town supervisor did defendant City of Buffalo make any claim to ownership or possession of the premises. Ms. Lauer also relates that for the last dozen years she and others have expended great efforts in attempting to get this issue resolved for benefit of the people of the state and town of Perrysburg.

11. Attached hereto as Exhibit “D” is the Answer of defendant City of Buffalo. This defendant does not make a claim to ownership or possession of the property, but instead affirms that the reverter has not been triggered. This position is untenable and contrary to the undisputed facts.

12. Attached hereto as Exhibit “E” is an affidavit of Thomas S. Trathen, sole owner of plaintiff, in which he details his personal knowledge of the history of the premises, his contacts with Buffalo City officials, and his damages caused by the cloud hanging over title to the premises as contract vendee.

13. It also undisputed that defendant City of Buffalo has failed to commence an action to recover possession of the property within ten years of the time the reverter was triggered, per Real Property Actions and Proceedings Law §612.

14. Real Property Actions and Proceedings Law §612, states, in relevant part:

“§ 612. Where action cannot be maintained; action based on a reverter or breach of condition subsequent

1. Except as otherwise provided in this section, an action to recover the possession of real property cannot be maintained where it is founded upon a claim of reverter of an estate in fee conveyed upon special limitation or founded upon a claim of breach of a condition subsequent, other than a condition of a lease for a term of years, unless (a) within ten years after the occurrence of the reverter or the first occurrence of the breach, the plaintiff, or any predecessor in interest then entitled to possession or to exercise the power of termination, shall have served upon the person or persons against whom the action might then have been commenced a written demand that possession be delivered, stating the ground thereof, and the action is commenced within one year thereafter or (b), if no such demand is served, the action is commenced within such ten years.”

15. Plaintiff is entitled to summary judgment on his first cause of action to quiet title under RPAPL §612, as there are no triable issues of fact before this court.

16. Summary judgment is designed to expedite civil cases by eliminating from the trial calendar claims which can be decided as a matter of law. Andre vs. Pomeroy, 35 N.Y.2d 361, 363 N.Y.S.2d 131 (1974). The function of the court when faced with a summary judgment motion is issue finding rather than issue determination. Mayland vs. Craighead, 144 A.D.2d 344, 533 N.Y.S.2d 946 (2^nd Dept. 1988).

17. Upon a motion for summary judgment, the facts must be taken as sworn by the defendant. Branerton Corp. vs. Untied States Corporation Co., 34 A.D.2d 1, 309 N.Y.S.2d 28 (1^st Dept. 1970). The plaintiff is entitled to the benefit of every favorable inference which may be drawn from the pleadings, affidavits, etc. Egan real Estate, Inc. vs. McGraw, 40 A.D.2d 299, 339 N.Y.S.2d 870 (4^th Dept. 1973).

18. The only issues before the court on Plaintiff’s first cause of action are whether or not the reverter has been triggered, and if so, was an action timely commenced by defendant City of Buffalo to obtain title and possession? It is respectfully submitted that the facts unquestionably support plaintiff’s demand for summary judgment as the reverter was triggered and no timely action has been commenced by defendant city to recover possession of the premises under RPAPL §612.

19. It is also submitted that plaintiff is entitled to summary judgment on his second cause of action under the doctrine of laches, as more than twelve years have elapsed since the reverter was triggered and defendant City of Buffalo has taken no action whatsoever to obtain possession or title to the property.

WHEREFORE, plaintiff asks that this Court grant summary judgment to the plaintiff on both of his causes of action; declaring that defendant State of New York has title to the premises and that the reverter clause is null and void; and awarding the plaintiff costs and fees according to statute.

Dated: June 8, 2005

Scott D. Cannon

Attorney for Plaintiff

28 Main Street, P.O. Box 446

Geneseo, New York 14454

(585)-243-9330

To: Michael B. Risman,

Corporation Counsel

City of Buffalo, Department of Law

65 Niagara Square, 1100 City Hall

Buffalo, New York 14202-3379

Audrey V. Bullen, Esq.

Assistant Attorney General

State Counsel Division, Real Property Bureau

Albany, New York 12224

2005-07-13T12:20:00.000-07:00

Lauer Affidavit...

This is a sworn and signed affidavit and provides additional background information regarding "The Deal" down in Perrysburg, NY. I've deleted the residence information provided in the original.

The is filed under Index #69906 in Little Valley, NY

Trathen Land Company vs.

City of Buffalo et al....

AFFIDAVIT

STATE OF NEW YORK )

CATTARAUGUS COUNTY )ss.:

Cindy L. Lauer, being duly sworn, deposes and says:

My name is Cynthia L. Lauer and I reside at (edited by me).
I am presently employed by the Town of Perrysburg as the town budget officer and am employed also by Cattaraugus County Sheriff’s Department as ????
I am making this affidavit at the request of attorney Scott D. Cannon. All of the facts stated in this affidavit are made by me based on my own personal knowledge.
From 1982 through 1985 I was employed by the Town of Perrysburg, New York as town clerk. From January 1, 1986 through December 31, 1985 I was employed by the Town of Perrysburg as town supervisor. In my capacity as both town clerk and town supervisor, I was intimately familiar with town business and in particular, many matters pertaining to the property commonly known as the J.N. Adam Developmental Center which is located in the Town of Perrysburg.
The J.N. Adam property was owned and operated during my tenure as both clerk and supervisor by the State of New York. Up until approximately March/April 1993, the J.N. Adam property was used as a hospital for the care and treatment of developmentally disabled/mentally retarded persons. This large property, comprising many acres of undeveloped land and numerous hospital buildings and support buildings, was a self contained community with its own water and sewer system and housing in which staff could live.
Unfortunately, the State of New York closed the facility due to financial constraints in March/April 1993, and ceased caring for developmentally disabled/mentally retarded persons on or about March???, 1993. Attached hereto as Exhibit “1” are copies of various newspaper articles that were published in local papers at the time reporting the closing of the facility.
I was aware that the City of Buffalo held a right of reverter on this property that was triggered when the facility closed down in 1993.
Since the facility closed, as town clerk and town supervisor, I devoted a substantial amount of my time and effort to get the property developed and back on the town tax roll, as the state did not pay taxes on the property and I was hoping to bring jobs into the town through the development of the property. In this connection, I met with officials from the City of Buffalo on numerous occasions to get them to release their interest in the property. I also met with state officials numerous times, and made countless phone calls and wrote countless pieces of correspondence in an effort to get the property restored and developed. Attached hereto as Exhibit “2” are copies of several newspaper articles published at the time concerning the Town’s efforts to get the property back on the tax rolls and developed.
As part of the foregoing, I was informed by Buffalo Mayor James Griffin and other City Council representatives that the City did not want the property, but that the City might be interested in a land “swap”, whereby the State would give to the City a piece of land down by the waterfront in Buffalo, in exchange for the release of their reverter right in the J.N. Adam property. For a variety of reasons this did not occur.
At no time during my tenure with the town, from 1982 through the present day, did the City of Buffalo take any steps whatsoever to assert any ownership rights in the property, and has done nothing but foil the efforts of others to put the property back to good use.
The property continues to sit deserted and is falling into significant disrepair. It is a shame that for the last twelve years this property has been allowed to remain vacant and to deteriorate, all to the detriment to the taxpayers.
The citizens of the Town of Perrysburg deserve a resolution to this problem that has plagued the Town for more than a dozen years. It is also important to the town to get this case finalized because the town will be acquiring the water system on the property to be used for a water district in the town that will be created on a portion of the property. Also attached hereto as Exhibit “3” is a period copy of a newspaper article detailing how the town would benefit by creation of the water district. This issue is still outstanding and the town still wishes to create the water district.

Dated: July 13, 2005

Cindy L. Lauer

Sworn to before me this

day of June, 2005.

Notary Public

2005-07-11T12:25:00.000-07:00

Joe Golombek Resolution 7/11/05

RESOLUTION to be introduced to Buffalo's Common Council 7/12/05

Sponsor: Mr. Golombek
Co-Sponsor:

RE: Support for Judge Nowak and Housing Court Liaison Volunteers

Whereas, the issues addressed in Housing Court are critical to the future revitalization of Buffalo; and

Whereas, City Court Judge Henry J. Nowaks short tenure in Housing Court has brought about a proactive, Innovative and collaborative effort in addressing Buffalos housing problems; and

Whereas, As a Housing Court Judge Henry J. Nowak has imposed more fines (over $3 million) than his predecessors had in the previous four years combined ($525,712); and

Whereas, the increase in fines was accomplished by Judge Nowak suggesting that building inspector complain forms indicate a violation from a certain date, making fines $1,500 per day instead of just $1,500; and

Whereas, under Judge Nowaks term in Housing Court, defendants have been sentenced to community service by requiring slumlords to pick up garbage, paint houses, build porches and plant flowers; and

Whereas, Judge Nowak has issued orders to vacate properties being utilized by drug dealers. These orders to vacate are a crime fighting tool, giving police more flexibility to make arrests. Police can remove and arrest anybody on such properties immediately; and

Whereas, by taking the time to do legal research on the power of Housing Court, Judge Nowak determined that he could appoint a receiver and provide the receiver the power to go after 40 banks and lenders with outstanding housing code violations in the city; and

Whereas, under Judge Nowak, Housing Court cases are scheduled differently to allow Housing Inspectors more time to actually conduct inspections instead of spending every day in Court; and

Whereas, through the leadership of Judge Nowak, Housing Court Liaisons have been created consisting of dedicated community volunteers; and

Whereas, Housing Court Liaisons provide valuable community input into Housing Court decisions that impact the quality of life in our neighborhoods; and

Whereas, it is difficult to understand why the Permit and Inspections Department allowed a four month backlog of 523 housing cases to sit on tables instead of being processed for Court appearances, when I and others offered staff and volunteers to help with processing cases; and

Whereas, it is also difficult to understand why the City Permits and Inspections Department would not fully embrace the assistance of dedicated Housing Court Liaisons who are working to improve city neighborhoods; and

Whereas, it is truly unfortunate that the City Permits and Inspections Department has taken the position that they will no longer meet with Court Liaisons to discuss Housing Court cases; and

Whereas, typically City Court Judges are appointed by the Chief Judge of City Court for a one year term in Housing Court and then replaced by a successor; and

Whereas, it is important to continue the innovations and collaborations begun by Judge Nowak, by keeping him in Housing Court for another term; and

Now Therefore Be It Resolved

That the Buffalo Common Council supports keeping City Court Judge Henry J. Nowak in Housing Court for another one year appointment to continue his proactive and innovative efforts to address Buffalos housing issues.

Be It Further Resolved

That the Buffalo Common Council supports the work and efforts made by the dedicated volunteers who serve as Housing Court Liaisons.

Be It Further Resolved

That a certified copy of this resolution be forwarded by the City Clerk to Hon. Thomas P. Amodeo Chief Judge of Buffalo City Court

Be It Finally Resolved

That if necessary this item is referred to an appropriate Committee of the Council for further consideration.

2005-07-05T20:04:00.000-07:00

Editor:

Friends?? of JN Adam -- Huh, this couldn't be further from the truth! Here we go with another handful of people who think they are doing the right thing, but in fact are contributing to the further deterioration of the once beautiful buildings. Time is running out to save the campus!!!

Let me take you all back a few decades. I'm sure most people are aware the the JN Adam site was a grand hospital for the care of people with tuberculosis, and then converted to a residence for the mentally and physically handicapped. It is also common knowledge that the land reverted back to the City of Buffalo once the state no longer used it for this purpose, which was March 22, 1993 when the last resident was moved out of the facility.

The Buffalo connection has been a stumbling block for decades, causing great loss of potential jobs and property tax base. The city has known for many years -- back into the Mayor Griffin era -- about the property ownership reverting back to them. The City of Buffalo cannot own land outside their boundaries without being liable for property taxes. For too many years they have eluded the tax liability and have caused great harm to the people of Perrysburg and surrounding areas. It has been bad enough trying to overcome the obstacles of the city's greediness and the state's inaction -- now we have a couple "do-good" groups trying to block efforts to finally get the site out of the government tug of war, and get our community out of the bottomless sink hole in the middle of it. The only way anything good will ever come to this property is to get it out of government hands.

The state has expended hundreds of thousands of dollars over a period of many years to market the site and put it into a productive status, and has successfully put it out for bid twice. Every year that is wasted accelerates the deterioration of the buildings, and soon they will be beyond saving. It has been bad enough that the city's greed has cost our area dearly over all these years, and the "do-good" groups have created even more harmful obstacles.

The City of Buffalo has squandered away the value of the once-grand buildings, worth millions in the early 1990s than now can only bring a few hundred thousand at auction. That loss is their problem. What concerns me is the possible loss of the latest successful bidder and the positive impact for our community, plus the critical, time-sensitive water project funding. I estimate about half of a million has been lost in school, town, and county property taxes in just a few years. If calculated back to March 22, 1993 when it should have been returned to a taxable status, it is over $2 million! An even greater loss is the jobs and sales tax revenues that would have incurred in the past 12 years.

I have been a public servant to the community since Jan. 1, 1982 and have seen many opportunities come and go because of the political manipulations. In March of 1987, the state budgeted to build a state-of-the-art $4.9 million day program and therapy building on the campus, at the same time they were in the process of building the first six SRU (special residential units), commonly known as group homes. I wonder where that money went, or was it ghost money as a pacifier so we would support the group home project? A few years later, the state did pay about $5 million for the elevator system project in some of the buildings, and then a couple years later budgeted 2 more million dollars for the demolition of the end buildings where new elevators were constructed. That $2 million went somewhere else anyway. During the same time, I showed the buildings to a construction company owner who said he could restore the buildings for the $2 million, and to a demolition company's expert who said they were too good to destroy.

From about 1990 through 1993, I served on the Alternate Use Committee, along with many local political leaders, City of Buffalo representatives, JN Adam staff and local business representatives. The city was interested in a property exchange where they would acquire some Buffalo-area waterfront property owned by the state; in turn, the state would get clear title to the JN Adam property and possibly turn some of the land over to the town for development. Obviously that was another botched government deal.

Over the 10 years I served as town supervisor, we expended considerable time and effort trying to bring new life into the property. The Job Corps was interested in the site. We tried to get the Veteran's Retirement Home in on the site, but we were asked to back off -- more politics! We encouraged the Gowanda Psychiatric Center Offices to be located on the JN Adam Campus and retain the local jobs when GPC was closed, another failed effort. A few years ago, we were high on a short list of sites being cons\considered for a prison, but a few people put a monkey wrench in that. Every time something good gets going, we run into the same old blockades put up by politics, government greediness or power struggles, or a couple self-centered individuals.

It is time for the citizens in the community to put an end to the government nonsense and the meddling minority. The time is critical to get this property into a productive status. The town is not as incompetent as some people seem to think. We have zoning regulations and other means of ensuring the area's best interest is maintained. I'm calling for people to write letters to the City of Buffalo and state representatives to put an end to all this nonsense and quit holding this community hostage! Development of this nearly 700-acre site would be beneficial to all of the surrounding area, not just Perrysburg.

Cindy Lauer,

Perrysburg

2005-06-24T17:19:00.000-07:00

REVIEW & OUTLOOK

Kennedy's Vast Domain
The Supreme Court's reverse Robin Hoods.

Friday, June 24, 2005 12:01 a.m.

The Supreme Court's "liberal" wing has a reputation in some circles as a guardian of the little guy and a protector of civil liberties. That deserves reconsideration in light of yesterday's decision in Kelo v. City of New London. The Court's four liberals (Justices Stevens, Breyer, Souter and Ginsburg) combined with the protean Anthony Kennedy to rule that local governments have more or less unlimited authority to seize homes and businesses.

No one disputes that this power of "eminent domain" makes sense in limited circumstances; the Constitution's Fifth Amendment explicitly provides for it. But the plain reading of that Amendment's "takings clause" also appears to require that eminent domain be invoked only when land is required for genuine "public use" such as roads. It further requires that the government pay owners "just compensation" in such cases.

The founding fathers added this clause to the Fifth Amendment--which also guarantees "due process" and protects against double jeopardy and self-incrimination--because they understood that there could be no meaningful liberty in a country where the fruits of one's labor are subject to arbitrary government seizure.

That protection was immensely diminished by yesterday's 5-4 decision, which effectively erased the requirement that eminent domain be invoked for "public use." The Court said that the city of New London, Connecticut, was justified in evicting a group of plaintiffs led by homeowner Susette Kelo from their properties to make way for private development including a hotel and a Pfizer Corp. office. (Yes, the pharmaceutical Pfizer.) The properties to be seized and destroyed include Victorian homes and small businesses that have been in families for generations.

"The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue," Justice John Paul Stevens wrote for the majority. Justice Kennedy wrote in concurrence that this could be considered public use because the development plan was "comprehensive" and "meant to address a serious city-wide depression." In other words, local governments can do what they want as long as they can plausibly argue that any kind of public interest will be served.

In his clarifying dissent, Justice Clarence Thomas exposes this logic for the government land grab that it is. He accuses the majority of replacing the Fifth Amendment's "Public Use Clause" with a very different "public purpose" test: "This deferential shift in phraseology enables the Court to hold, against all common sense, that a costly urban-renewal project whose stated purpose is a vague promise of new jobs and increased tax revenue, but which is also suspiciously agreeable to the Pfizer Corporation, is for a 'public use.'"

And in a separate dissent, Justice Sandra Day O'Connor suggested that the use of this power in a reverse Robin Hood fashion--take from the poor, give to the rich--would become the norm, not the exception: "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."

That prospect helps explain the unusual coalition supporting the property owners in the case, ranging from the libertarian Institute for Justice (the lead lawyers) to the NAACP, AARP and the late Martin Luther King's Southern Christian Leadership Conference. The latter three groups signed an amicus brief arguing that eminent domain has often been used against politically weak communities with high concentrations of minorities and elderly. Justice Thomas's opinion cites a wealth of data to that effect.

And it's not just the "public use" requirement of the Fifth Amendment that's undermined by Kelo. So too is the guarantee of "just compensation." Why? Because there is no need to invoke eminent domain if developers are willing to pay what owners themselves consider just compensation.

Just compensation may differ substantially from so-called fair market value given the sentimental and other values many of us attach to our homes and other property. Even eager sellers will be hurt by Kelo, since developers will have every incentive to lowball their bids now that they can freely threaten to invoke eminent domain.

So, in just two weeks, the Supreme Court has rendered two major decisions on the limits of government. In Raich v. Gonzales the Court said there are effectively no limits on what the federal government can do using the Commerce Clause as a justification. In Kelo, it's now ruled that there are effectively no limits on the predations of local governments against private property. These kinds of judicial encroachments on liberty are precisely why Supreme Court nominations have become such high-stakes battles. If President Bush is truly the "strict constructionist" he professes to be, he will take note of the need to check this disturbing trend should he be presented with a High Court vacancy.

2005-06-22T11:05:00.000-07:00

Control board layoffs take a toll on eliminating city eyesores

Inspectors have cracked down on housing violations, but clerk shortages have stopped enforcement cold

By PATRICK LAKAMP
News Staff Reporter
6/22/2005

Buffalo housing inspectors have been on a roll this year, citing more homeowners and landlords for broken windows, rotting porches, crumbling chimneys and leaky roofs.

But that's where the crackdown ended.

Instead of being sent to Housing Court, their inspection reports are piling up on tables on the third floor of City Hall. Since February, few houses cited for violations have been referred to Housing Court, where a judge could order repairs.

And it's all because of a missing clerk, city officials said.

The clerk returned to work this week, filling the job that was vacant more than four months. Still, it could take months before all of the cited property owners can be summoned to court and the backlog of 523 problem properties eliminated.

And it could be too late for many of the properties to be repaired this summer. Time is running out for the judge to order the problem properties repaired before the cold weather sets in.

"That is mind-boggling. And it's a very good example of the way City Hall works," said Harvey Garrett, a West Side housing activist and volunteer community liaison for Housing Court Judge Henry J. Nowak. "This is not something you play games with."

It didn't have to be this way.

The City Court housing judge and Garrett's West Side neighborhood organization offered to help, with interns and volunteers, in processing the paperwork.

Hoping for action

But instead, Raymond K. McGurn, the commissioner of the Department of Permit and Inspection Services, opted to wait until the control board filled the clerk's job before accepting the offers.

"He's going to get working," McGurn said of the clerk who started on Monday. "And then I will be able to accept the judge's interns and put this whole thing back together and make a practical decision on what cases are going to be brought to court."

Meanwhile, run-down houses in the city remain an eyesore.

And people like Angela Middlebrooks are forced to wait longer for the judge to order repairs or demolition for dilapidated houses near their well-maintained homes in the Fruit Belt and other neighborhoods.

"We have had our fingers crossed hoping something will happen," Middlebrooks said.

Middlebrooks and her family live in a two-story, three-bedroom home that the Crisis Services case manager bought five years ago. It's one of the new houses built to help keep middle-class families in Buffalo.

But eyesores in the neighborhood haven't been renovated or torn down as fast as Middlebrooks had hoped.

A run-down, vacant house across the street - owned by a Grand Island resident - is missing its side door. A cushion has been placed across the opening.

There are other violations: broken windows, peeling paint, deteriorated siding and roofing, and loose and crumbling foundation blocks.

In back of Middlebrooks' house, another vacant house was cited for six violations, including trash strewn about the yard, broken windows, peeling paint and deteriorating gutters.

Both houses were inspected more than two months ago; neither owner has been summoned to court yet to answer the violations.

"I like the area," said Middlebrooks, 31. "New homes are being built. But in between, you have all these vacant pieces of garbage that need to be cleaned up or demolished."

Fruit Belt hurting

And now, Nowak worries the backlog means dilapidated houses like the ones near Middlebrooks will not be brought before him until the construction season is over.

The backlog hurts the Fruit Belt more than any other city neighborhood. The Fruit Belt has 64 properties cited for code violations that have not yet been referred to Housing Court. The Broadway Fillmore neighborhood has 54 properties, the second highest number.

"A four-month backlog and its impact are not acceptable . . . to those residents that continue to suffer the effects of blighted, vacant properties adjacent to their own," Nowak said in a letter last week to Mayor Anthony M. Masiello.

"Neighbors will have to wait another year for the blighted properties next door to be repaired, or even give up and move out of the city," the judge wrote. "More importantly, these houses can continue to be havens for criminal activity and will require significant time and energy from our city police and fire departments, not to mention the increased costs for emergency demolitions."

McGurn said his hands were tied until last week, when the state control board supervising City Hall's finances approved filling the vacant clerk's job.

Since February, one clerk has been trying to do the work that three clerks did a couple of years ago, he said.

McGurn said he lost the flexibility to reassign other employees to help process the paperwork after his department lost 43 positions in two years. He did not move an inspector over to help with the clerical work because that would put the city at risk of losing the federal reimbursement for the inspector's salary, he said.

"These guys are building inspectors, they're not clerical people," McGurn said. "They're carpenters, engineers and electricians who know their fields."

The lone clerk who had remained on the job all along has been busy keeping up with existing Housing Court cases. She was able to get a handful of the most serious cases ready for court.

When Nowak's two interns showed up at the office to help, the clerk didn't have time to train and supervise them, McGurn said.

"It takes her more time during the day to do that," McGurn said of his clerk. "And she's a dedicated employee. She's fantastic. But now she's being asked to supervise someone when she has her own work? She doesn't want to get any more behind than anybody else."

"Bumping' delayed job

Problems in the department started in November when a clerk was laid off. In a process called "bumping," a laid-off police report technician exercised her right to take over the clerk's job because she had more seniority.

But she didn't stay long in the job. She returned to her previous job as a report technician. Her last day working for McGurn was Jan. 31. McGurn said he sent the paperwork seeking her replacement to city budget officials on March 11. Last week, the control board approved putting the former clerk back into his old job.

McGurn said he delayed posting the opening for three weeks in a bid to bring back the department's previous clerk, who was already trained. To get that clerk back, McGurn waited for other laid-off police report technicians to find other jobs before he posted the department's clerk position as available.

The delay couldn't have come at a worse time.

The city's 15 housing inspectors are writing more housing code violations than before. They typically write 2,000 cases a year. But from July to December, they wrote 1,644 cases. And that pace has continued this year, McGurn said.

"It's very simple to me. When you raise your bar from 2,000 cases a year to 3,300 a year, and go from having three (clerks) working to one person working, you're going to get a backlog," McGurn said. "You certainly can't blame one lady who works over there. And we do not have the staff here."

Garrett, the housing activist, doesn't blame the clerk. He blames McGurn.

"If he's a couple of weeks behind because of a staffing issue, that's understandable," Garrett said. "But to be four months behind when he's being offered interns and volunteers is unacceptable and mind-boggling."

e-mail: plakamp@buffnews.com

2005-06-21T20:54:00.000-07:00

Ex-landlords are fined $79,000, face trial

By MATT GRYTA
News Staff Reporter
6/21/2005

Two former Buffalo landlords were fined more than $79,000 on Monday and told that they face trial next month on further city housing and health code violations at their former city properties.

Venere Hutchinson, 29, and his wife, Dana, 33, who were once cited as among the city's worst slumlords, received the sentence in Housing Court from Judge Henry J. Nowak. The judge told the couple that unless they pay their fines in the next 30 days, they face jail terms.

Venere Hutchinson was ordered to pay $58,300 in fines on five properties, and Dana Hutchinson was ordered to pay $21,000 in fines on five other properties in which she was the listed owner.

The Hutchinsons have been in custody since being found about two months ago in Tennessee. Police said they were using fake identifications and were wanted in Buffalo on housing and health code violations linked to their properties.

Peter J. Savage III, the city's Housing Court prosecutor, said the city has spent $115,000 to demolish Hutchinson properties and faces an additional $30,000 in estimated demolition expenses on others.

Savage and Sheila M. Burke, the Erie County Health Department's representative to Housing Court, said the Hutchinsons are due back in court July 7 to answer more housing and health code violations involving lead paint and structural problems on 11 of the couple's former properties.

The Hutchinsons face trial on multiple grand larceny and fraud charges linked to an alleged $2 million real estate swindle that defrauded at least five lending institutions.

They are accused of obtaining 40 city properties from the U.S. Department of Housing and Urban Development for a few thousand dollars each and then fraudulently obtaining second mortgages for as much as $100,000 above each property's assessed value.

2005-06-17T20:16:00.000-07:00

Main Street Sites for 14209

Here's the city's official property descrition for:

1618 Main Street 177' x 194' which is the largest portion of this vacant area

1616 & 1614 are two narrow parcel owned by the same person who owns 1610, the recently burned out brick building just to the north of Autozone.

1653 Main Street is owned by Maier Management fka Freddies Donuts.

2005-06-16T02:42:00.000-07:00

14209 Re-Location...

I'll place all my posts and additional information regarding the re-location of PO 14209 in one easy to find location. Please comment on individual posts and not here on this page. Thanks...and don't forget to e-mail pictures of urban post offices from anywhere that contain the sort of design elements that you think the new 14209 should possess.

Buffalo's Latest McPost Offices!

Map of Possible New Sites

Legal Descriptions

Post Office Community Partnership Act

Cyburbia Forum Thread

First Announcement 6/14/05

McPost Office - 1st Public Hearing 6/15/05

New Buffalo Post Office Pics 7/4/05

Meeting Minutes from Allita Steward 8/22/05

2005-06-15T22:46:00.000-07:00

Nickel & Dimed...

While political life here in Buffalo and Erie County continues to implode and plans to Revitalize Buffalo seem to be increasingly more unlikely with 15 people/day leaving the city, and where burned out and blighted images of Buffalo become more familiar than images of Beirut or war torn Baghdad, there is at least one dedicated group of local folks who really understand the deep systemic fault lines that are now exposed for all to see. Free Buffalo will challenge some of your basic assumptions about how political and economic life is organized and how Buffalo Politics has been force fed, intravenously into us for generations.

So, if you consider yourself to be "open-minded" and "tolerant", someone who "embraces diversity" and "alternative points of view" explore this, position paper from Free Buffalo.

Jim Ostrowski is not the only "libertarian" here in Buffalo, New York. Dr. Ralph Raico from the History Deptartment at Buffalo State College is an internationally recognized scholar and intellectual heavy weight when it comes to using your mind when there are no longer dots to connect and where the map you thought was going to work no longer fits the territory.

Before making anymore plans to Revitalize Buffalo...try revitalizing your mind! Still reading and open minded? Check out what Dr Raico has to say about the hair-brained political choices are being served on today's menu. Whip out your iPod and get the podcasts. It's all free for the taking, a virtual graduate level course on how to stop this ship from sinking.

Field Trip for Your Mind
Raico Essays
Raico Mp3's

35 mp3's for your iPod

Yeah...I had a two hour sit-down with Jim Ostrowski Wednesday evening and three other like minded people. Spare me the ad hominem arguments, study the issues and learn how to Free Buffalo today for tomorrow!

btw...Free Buffalo is working alongside Primary Challenge to help bring some fresh blood to the local political scene. Oh...did somebody see that Primary Challenge endorsed Judy Einach for Mayor! I wrote about Judy's endorsement awhile back!

2005-06-15T13:57:00.000-07:00

Neighborhood Preservation Collaborative

June 9, 2005 - Council Chambers

Home Owner Assistance – Harvey Garrett

The regular maintenance and repair costs associated with owning the older homes in the City of Buffalo are always expensive. However, these expenses are even more burdensome for low-income homeowners, especially those in preservation districts where architectural guidelines may prohibit certain cost-effective options. The distinctive character of windows, doors, fascia and other decorative elements is sometimes sacrificed in favor of economic functionality when the repair and replacement costs of vintage elements far exceeds that of their modern counterparts. Other homeowners in Preservation Districts who are unable to afford these additional costs may allow their homes to deteriorate to a point at which repair is no longer an option.

It is our goal to identify funding sources and cooperate with other service providers to assist low-income homeowners with historically appropriate repairs. By providing this “gap funding” it is hoped that the frequency of inappropriate alterations and demolition by neglect will diminish. In addition to financial assistance, we will provide practical advice and guidelines that will help homeowners identify cost-effective methods of preserving the historical distinction of their homes. For example, workshops on paint maintenance, landscaping and various other issues could give homeowners the sills and insight necessary to care for their architecturally significant homes without incurring additional expenses.

Neighborhood Awareness – Tim Tielman

Partnering with residents of historic neighborhoods for the promotion, identification and outreach of heritage sites is paramount to the Preservation Movement in Buffalo, NY. Through effective, open communication, we will foster partnerships that had been previously neglected.

This committee will combine the efforts and talents of our residents with existing preservation organizations and other groups to succeed. The current Preservation Districts in the City need to be promoted to their best potential. This committee will work with neighborhoods to identify the stories behind the scenes and other historic morsels to add flavor to future tourism endeavors and to allow each community to embrace its own history.

The Neighborhood Awareness Committee also will attempt to identify additional sites to be earmarked for recognition, while encouraging teams of citizens and preservationists to devise proactive solutions for their protection.

Evaluations - Scot Fisher

In order to prevent demolition by neglect, it is essential to identify structural issues with our historic buildings as quickly as possible. In all Preservation Districts, the current inspection procedure is to wait for citizen complaint based upon a simple visual inspection of the exterior of the building. By the time the building shows such obvious defects, the structural problems may be beyond repair.

It is far easier to achieve code compliance the sooner any problems are addressed. This committee will take an active role to identify historically significant properties in need of repair and the develop procedures to regularly inspect them so that any building code violations are discovered when they are far less expensive to remedy. This Committee will also establish a dialogue with each building owner and provide assistance, if necessary, to protect each building if it falls into disrepair.

This committee will also team with the adaptive reuse committee to assist building owners in finding creative solutions for properties that can no longer be used as originally intended. With the early and immediate focus the Evaluations Committee will provide, we can eliminate the notion of demolition by neglect in our City.

Comparative Research – Marilyn Rodgers

The Comparative Research Committee will communicate with successful preservation organizations and consider models throughout the United States. Research and evaluation of select and successful preservation initiatives will provide a benchmark for the future of all preservation districts throughout Buffalo.

Subjects of exploration include

Materials in development or recently launched that preserve the historic, as well as structural integrity of an architectural jewel for future generations
Funding programs form single buildings to entire neighborhoods
Tourism development
Partnering processes with other organizations, such as the University at Buffalo School of Architecture and Planning.

Comparative Research will work closely with other committees in both providing necessary information and creating reports from investigations of other initiatives. Dialogue already has opened with the Historic Charleston Foundation, Landmark Society in Rochester, NY and the Chattanooga, TN Preservation League.

Adaptive Reuse – Richard Baer

This committee will investigate the adaptive reuse of existing, vacant or underutilized historic properties into new residential, commercial and combined spaces. We have seen examples of adapting historic structures, even utilizing damaged or near-rubble walls, into ready made, rich interiors while benefiting from century old craftsmanship. Old buildings preserve local culture and identity and create a sense of belonging. In a way, through this recycling, human resource energy is embodied along with material energy. Adaptive Reuse joins the past to be a part of the future, creating important connections through time.

Therefore, this committee will serve as a think-tank to review these models and develop processes, concepts and strategies for the beneficial conversion of existing structures. By effectively shedding our habits of tearing down old buildings and starting over, we can proactively utilize architectural residue from the past as a repository of vast physical, human and cultural energy. And thus, it will provide the City of Buffalo with new residential and commercial opportunities that also preserves one of its greatest assets – its architecture.

Marketing & Development – Dennis Galucki

Marketing our City’s architecture, neighborhoods and park system is imperative to ensure pride in ownership, community and preservation. Many of our existing preservation organizations already provide service through tours, newsletters and other types of presentations. This committee will continue and enhance those efforts by communicating the activities of each group, identifying new landmarks and areas to promote and pooling resources when appropriate.

It will be important for this Committee, in particular, to work with all other committees, particularly Comparative Research and Neighborhood Awareness. This Committee can utilize the experience of successful campaigns form other cities to create a strong image to attract positive attention here. In addition, the educational outreach to those outside of Western New York can and should be provided to those residents living in and around the properties being marketed. Ultimately, this committee can improve Buffalo’s image both here and abroad by promoting both uplifting and nostalgic assets that too few people currently appreciate.

Legal & Professional Research - Richard Lippes

This Committee has been designated to take advantage of the professional and intellectual expertise of local, national and international specialists who may be called upon to assist Housing Court, the Preservation Board and even individual property on technical preservation issues. It will endeavor to identify the best people to address each issue that arises. In addition, it will critically evaluate both the substance and the best policies for our community, based on our own needs and limitations.

This committee will research and evaluate legal and professional tools for historic preservation, so that it can advise Preservation Board and other entities regarding methods and procedures that will not only protect our unique urban fabric but also promote democratic and equitable solutions. It also will work with other committees to address the legality of new programs and efforts, compare our existing legislation with that of other communities and determine whether legislative reform is necessary.

Architectural Salvage – Chris Brown

While demolition should never be the first strategy when dealing with any building in need of repair, it has become a practical reality in our City. If demolitions must take place, one of the three things can happen to the architectural elements within these structures: they are either destroyed and land-filled; salvaged by either demolition companies or completely unregulated third parties to be sold to the highest bidder; or salvaged by a local organization to be used on another property in the City of Buffalo. The aim of this committee is to avoid the first two alternatives and ensure the third.

With the current number of scheduled demolitions, for which there has been no architectural salvage, this committee merits the consideration of the Collaborative. If salvaged elements from Buffalo unique 19^th Century housing stock can be reinstalled into other City homes, which require period elements for restoration, this recycling can motivate all residents to enhance their homes and property values while providing the extra lift for neighborhoods and overall housing stock.

This committee will first define its role to ensure that its goal can be attained without encouraging demolition and will then seek to create the challenging process necessary to remove significant elements safely before demolition, protect them for future reuse and ultimately transfer them to appropriate properties.

2005-06-13T22:05:00.000-07:00

Representative Earl Blumenauer

Post Office Community Partnership Act

H.R. 1006

The Post Office Community Partnership Act outlines minimum community contact procedures for any proposed closing, consolidation, relocation, or construction of a post office. Additionally, the bill requires the Postal Service to comply with local zoning, planning, or other land use laws.

Why is the Post Office Community Partnership Act needed?

The United States Postal Service is currently exempt from all local zoning, planning, and land use laws. There have been several instances in which the Postal Service has been unwilling or unable to build new facilities or make changes to existing facilities in a way consistent with community plans. Furthermore, there are no laws requiring the Postal Service to engage local communities in proposed relocations or constructions of post offices. As a result, communities and neighborhoods across the country have been subjected to Postal Service decisions that have negatively impacted service and livability. The 26,000 federal postal facilities are not just remote outposts of federal activity – they can, often are, and always should be centers of community activity.

This bill provides communities an opportunity to be notified of Postal Service plans in advance, which will allow for interaction in the decision-making process between local government officials, the public, and the Postal Service. The Act also addresses the need for the Postal Service to abide by a community’s plans for growth management, land use, traffic management, and environmental protection.

What will the Post Office Community Partnership Act do?

H.R. 1006 amends Section 404(b) of Title 39 of the United States Code, which currently governs only post office closings and consolidations, to extend also to relocations and construction. The Act specifies notification requirements to be given to local government officials and persons who are (or would be) served by the post office.

The Act modifies the considerations that the Postal Service must currently consider when making a determination to take action on a post office. Modifications include considering:

the extent to which the post office is a part of a core downtown business area
the nature and extent of opposition in the community
concerns of local officials, including consistency with growth projections and land use plans
consistency with the size, scale, design, and general character of the surrounding community

The Act adds language to require that the Postal Service follow the local land use laws, procedures and public participation requirements to the same extent and manner as other private enterprises. All other entities and interests must follow local land use laws and the Postal Service is better equipped than most to manage this process. Therefore, it is time to ensure that the Postal Service operates within the framework and rules that a community imposes on its own citizens and businesses.

Support for the Post Office Community Partnership Act:

In the 108^th Congress, the Post Office Community Partnership Act was supported by 65 bipartisan cosponsors. The Act also received national support from organizations such as the American Planning Association, National Association of Home Builders, National Association of Postmasters of the

United States

, National Trust for Historic Preservation, American Society of Landscape Architects, National Association of Realtors, and Smart Growth America.

For more information, contact Spencer Wilson in Congressman Blumenauer’s Washington, D.C. office at (202) 225-4811, or Julia Pomeroy in the Portland District office at (503) 231-2300, or check out our website at http://www.blumenauer.house.gov/