See New York State's overall disdain for ethics and fairness. ~ The greed which brings them to ignore proper conduct in favor of smash and grab and making rules to suit themselves. ~ It is a very sick situation. ~ It is happening to us. ~ It is certainly out there, affecting many of you who read this, in other ways and means.

Canadiana's ISTEA Award

* Original *

From:
John C. Egan
Commissioner
State of New York Department of Transportation.
Albany NY 12232

December 8, 1994

To:
Mr. Floyd E. Baker
The S. S. Canadiana Preservation Society, Knc.
17 Delray Drive
Cheektowaga NY 14225-1619

Dear Mr. Baker:

Congratulations!

I am happy to inform you that the Department's Upstate Transportation Enhancement Advisory committee has selected your project, S. S. Canadiana Preservation & Restoration Project, for funding through the Transportation Enhancements Program of the Intermodal Surface Transportation Enhancement Act (ISTEA).

Transportation Enhancements funds provide an opportunity to accomplish non-traditional projects that will enhance the quality of life in their community. ~ You project is one of thirty-three outstanding projects that have been selected to receive funding from the over 100 eligible projects submitted. ~ The total Federal Funds allocated for this project is $400,000.00.

Our Regional Transportation Enhancements Coordinator will be in contact with you shortly to discuss the Project Development process.

Sincerely,

(signed) John Egan

John C. Egan

cc: Kevin Greiner

Mayor Tells State He Is Dumping Canadiana Sponsorship.
He wants to steal our money for street lights

* Original *

The City of Buffalo

Office of the Mayor
Anthony M Masiello

D.O.T. Verifies City Can Not Take Our Money.

* Original *

State of New York
Department Of Transportation
Albany, NY 12232

Mr Floyd E. Baker
President
The S. S. Canadiana Preservation Society, Inc.
17 Delray Drive
Cheektowaga NY, 14225-1619

Dear Mr Baker:

This is in response to your letter in which you expressed concern of the potential movement of the ISTEA Enhancement Funding to another project that was also a candidate for funding last year, but was not selected.

As you know, the Transportation Enhancement Advisory Committees have been given the task of reviewing all projects and selecting the best of them for consideration of funding. ~ The Department will continue the existing practice of allowing the Advisory Committees to pick the best projects. ~ The Canadiana Project was previously determined to be worthy of funding under the program, and I do not intend to change that determination at this time. ~ However, the funding set aside for any project where the project does not proceed in a timely manner as outlined in the project application application, could be put back into the funding pot to be redistributed during future review cycles.

As you know, projects must have sponsorship in order for them to proceed. ~ Sponsors must be willing to sign an agreement with the State committing to the project and recognizing that with sponsorship comes several responsibilities as outlined in the project agreement. ~ Assuming that you will still have a sponsor and be ready to proceed with your project within a reasonable time, the project can and will continue under the same arrangements.

Sincerely,

(Original signed by John B. Daly)

John B. Daly
Commissioner

His mention of needing "sponsorship" comes between the times when Anthony Masiello reneged on his agreement and when it was re-established by the members of the Common Council.

The rest of the letter is self explanatory.

Common Council Restores Sponsorship.

* Original *

Department of Public Works
City of Buffalo, N.Y.
 

Room 502 - City Hall - Buffalo, New York - 14202 - Phone 851-5636

Anthony M Masiello
Mayor

To:
Robert J. Russell, P.E.
Regional Director
State of New York
Department of Transportation
125 Main Street.
Buffalo, New York 14203

Subject:
Executed Agreements for Transportation Enhancement Projects
S. S. Canadiana Preservation & Restoration Project.

Dear Sir:

In response to your memo of March 18, 1996, kindly be advised that the City of Buffalo has come to terms with the Canadiana Restoration Committee and as per the attached resolution, we will begin the agreement process. ~ I estimate that the agreement will be processed by the City of Buffalo within four (4) weeks and submitted to you for review and approval. ~ Assuming a turn-around of approximately four (4) weeks by the New York State Department of Transportation, the City of Buffalo can then forward the agreement to the Common Council for implementation.

Mr. Kurt Felgemacher of your staff attended a meeting with my staff on Monday, April 8th, to review and begin the process. ~ If you have any questions, please contact David F. Jaros, P.E., City Engineer, at 851-5631 concerning this project.

Very truly yours,

(Original signed by Joseph N. Giambra

Joseph N. Giambra
Commissioner
Department of Public Works

JNG/DFJ/SCP:cam
Attachment
cc:
Joel A. Giambra, Comptroller
Edward Peach, Corporation Council
Floyd E. Baker

It took six months of making appointments and attending committee meetings to bring this about. ~ In that time, we talked with 10 of the 13 council members to explain all that the Canadiana could accomplish and do for the City of Buffalo and its people. ~ When the vote came, the 10 we had talked with, voted to restore; the three who didn't, voted against it.

For:
Brown - Capola - Czajka - Franczyk - Gray - Lockwood - LoTempio - Pitts - Quintana - Williams
Against:
Helfer - Kavanaugh - Zuchlewski.

Now NY State Wants to Steal Our Money.

* Original *

State of New York
Department of Transportation
125 Main Street
Buffalo NY, 14203

NY State Historic Preservation Office Requirements

* Original *

 HISTORIC PRESERVATION.

Implementation of a transportation enhancement project may affect structures or sites with historic significance. ~ The agreement recognizes this and says that the sponsor is responsible for resolving such concerns.

Protection of historic and archaeological resources must be considered during project implementation. ~ Documentation that historic preservation requirements are met is required. ~ Consultation with the State Historic Preservation Officer (SHPO) at OPRHP is required if historic resources are associated with the project. ~ Standards for historic facilities or structures are those accepted by the SHPO for such work. ~ FHWA requires documentation that the federal 106 process has been adequately addressed. ~ Once the required Section 106 documentation is received by FHWA, FHWA must concur that all necessary provisions of Section 106 (36 CFR Part 800) have been met. ~ Another NEPA requirement which might impact historic preservation is Section 4(f), which applies when a project has a "use" of a historic site.

Working through the regional project manager, sponsors should coordinate with regional environmental units to assess the state environmental requirements that may be applicable to their project. ~ The Department's Regional Cultural Resource Coordinator and Main Office Environmental Analysis Bureau may provide guidance.

At least three TEP activities directly involve historic preservation. ~ The process to advance them is the same as to advance projects without a historic preservation component; the sponsor finds out if the project involves an historic property. ~ The sponsor identifies resources on or eligible for listing on the National Register of Historic Places (NRHP); the SHPO helps in this step. ~ If historic properties are identified, the sponsor, in direct consultation with the SHPO, makes a good faith effort to identify potential impacts. ~ The sponsor progresses that project in consultation with the SHPO, for assistance regarding historic preservation standards. ~ The Department's Environmental Analysis Bureau Cultural resource staff and Cultural Resource Coordinator may provide guidance. ~ If historic properties or impacts are not associated with the project, further consultation is not necessary.

These are the only requirements that apply. ~ This copy is taken from our I.S.T.E.A. Application Handbook, as supplied, by the D.O.T., at the time. ~ The Canadiana is "historic preservation" but there is no requirement for inclusion in the National Register. ~ It is an item to be looked for; and if found, SHPO would take control of the project.

The Handbook explains that the process is the same for advancing all 10 TEP activities. ~ There are those with NO historic properties and for them, "further consultation is not necessary." ~ There are also those with historic properties and, as per these regulations; if, after "a good faith effort" SHPO determines, by using it's own standards, that "impacts" are not associated with the project, further consultation is not necessary."

SHPO tells us they have no problem with our rebuilding the Canadiana hull.

SHPO examined our situation and found there would be "no impact". ~ Their standards are such that they would be concerned only if a project involved an item eligible for, or on, the National Register. ~ To say that the only things worth preserving are those on the "National Register" would be insane. ~ The truth in this matter is a far cry from requiring everything to be on the Register. ~ The Canadiana hull restoration is therefore O.K. to continue and the N.Y.S. D.O.T. is apparently trying to stop it for very un-ethical reasons of their own.

They are stealing our money. ~ We need some help.

Documentation Required by Section 106
(36 CFR Part 800)

Canadiana Historic Register listing is not a factor.
SHPO is therefore relieved from "further consultation".

* Original *

New York State
Office of Parks, Recreation and Historic Preservation
The Governor Nelson A. Rockefeller Empire State Plaza
Agency Building 1
Albany NY 12238-0001

July 17, 1990

Mr. Robert F. Skurzewski
Vice President
Friends of the Canadiana
131 Hoerner Ave
Cheektowaga NY 14211

Re: S. S. Canadiana

Dear Mr. Skurzewski:

Thank you for your recent letter. ~ We have thoroughly evaluated the S. S. Canadiana proposal with staff and as a result it was determined, that two concerns stand in the way of processing the nomination proposal.

The first concern is the current location of the vessel. ~ All current information including your letter dated June 27, 1990, placed the Canadiana in Canada where this office has no jurisdiction....

(Snip the technical descriptions of:
location - design - materials- workmanship - feeling - association.)

Based on the information provided to this office and on site inspections in 1985 and 1986 it is the opinion of this office that the S. S. Canadiana no longer retains sufficient integrity of location, design, materials, workmanship or feeling. ~ As such, it is the opinion of staff that while the proposed rehabilitation of the vessel is a positive step, we cannot continue the nomination process. ~ It has been determined that this proposal be closed and that the file be corrected to indicate that through changes, which occurred after our original evaluation of the vessel (January 16, 1996), the vessel no longer retains sufficient integrity necessary for inclusion on the State or National Registers of Historic Places.

Sincerely:

(Signed) David S. Gillespie
Director
Historic Preservation Field
Services Bureau.

This letter is the Federal Section 106 documentation that is required in the Application Handbook regulations shown above. ~ This is the documentation that eliminates any SHPO responsibility for control over our restoration process and allows it to continue, as stated in that same paragraph. See the last sentence.

 

Federal Highway Administration says Canadiana is NOT required to be on the National Historic Register to qualify for the ISTEA award

* Original *

See original. Letter

D.O.T. Stonewalls Canadiana

* Original *

State of New York
Department Of Transportation
Albany, NY 12232

D.O.T. Stonewalls Representatives

* Original *

The Canadiana May-Day Letter to "Everyone"

We must be saved now or be lost forever

     Hon. Richard Anderson

     Hon. Arthur O. Eve

     Hon. Sam Hoyt

     Hon. Joseph Pillitteri

     Hon. Francis Pordum

     Hon. Thomas M. Reynolds

     Hon. Robin Schimminger

     Hon. Paul Tokaz

     Hon. Sandra Lee Worth

Members of the New York Senate. ~ (W.N.Y.) 

     Senator George Maziarz

     Senator Anthony Nanula

     Senator Mary Lou Rath

     Senator William Stackowski

     Senator Dale Volker

Members of the United States Congress. ~ (W.N.Y.) 

     Congressman John J. LaFalce

     Congressman Bill Paxon

     Congressman Jack Quinn

Members of the United States Senate. ~ (W.N.Y.) 

     Senator Alfonse D'Amato

     Senator Daniel Patrick Moynihan

Mr. Howard Peaks; ~ United States Highway Administration (Washington) 

Mr. Tom Waters; ~ United States Highway Administration, (New York) 

Mr. John P. Daly; ~ Commissioner N.Y.S. D.O.T. 

Andrew Rudnick; ~ 
President, Greater Buffalo Partnership. 

Mr. Luke Rich; ~ Director, 
Empire State Development 

Ms Joan Boser; ~ Preservation Coalition, 
Buffalo NY. 

Mr. Jeff Wright; ~ Business First Newspaper 

Mr. 
Robert Rich; ~ Rich Products, Buffalo NY 

Mr. Larry Quinn; ~ Buffalo 
Sabers, Buffalo NY 

Other specific individuals to be added. 

Published on the Internet's World Wide Web at: 

HTTP://WWW.WEBPAY.COM/CANADIANA.HTML 
and 
http://www.olm1.com/~wny/buffalo/canadiana.html 

Others to be 
determined. 

The Canadiana May Day letter
 

http://sscanadiana.com/

We have been waiting to hear from you. ~ Has everyone forgotten that we hold the key to one of the biggest draws for public participation in the Buffalo waterfront and downtown area? ~ I have been told by a few, to whom this letter is addressed, that it was not thought to be a viable project. ~ It that the problem? ~ If so then there is no problem. ~ They are wrong!

It has been decided by people very qualified to make such decisions, that the Canadiana can succeed and is among the best possible uses of I.S.T.E.A. funds. ~ You want facts and figures? ~ You want experts? ~ We have them ...

We need to know now, if YOU support the S. S. Canadiana restoration and what, if anything, you are prepared to do to help. ~ We request a reply within the new few weeks and by the end of May at the latest. ~ Please do not tell us that you must wait for others to make the first move.

The Canadiana was allocated this $400,000.00 of I.S.T.E.A. funding because it met all the criteria set forth by the U.S. Government and New York State. ~ The only requirements were to have a "sponsor" and to provide $118,000.00 as our portion of the total cost. ~ We can now do that! ~ Now that we are ready to move forward, New York State is attempting to KEEP our money. ~ Because it is still in their possession? ~ That is "conversion" and that is a crime.

We have the documentation that says it is our money. ~ That fact was determined by the review board set up by New York State itself, and verified in a letter to our organization, dated December 1994 and signed by the then Commissioner of the New York State Department of Transportation. ~ It was further attested to by the current Commissioner of the Department of Transportation, in a second letter to our organization, dated October 1995. ~ That letter states the money was still available for our use, with no specified time limit, and the requirements were still only that there be a "sponsor" and that we raise our portion of the cost. ~ Copies of these letters have previously been sent to all. ~ They are on the Internet however, if you wish to read them; or we will supply copies upon request.

In October 1996, New York State came up with a new "rule". ~ One they are using to say the Canadiana no longer qualifies for the money. ~ They are applying it to the Canadiana, retroactively. ~ They are changing the rules of the game, two years after it was played. ~ This is not right!

We want someone to tell us where this regulation resided at the time we were allocated the funds. ~ We have done all the checking that is possible to do and there is no basis that we can find. ~ We have requested specifics as to where this was required, prior to our being given the funding, and our questions are being ignored; as yours have been. ~ They cannot answer you by saying they answered us. ~ They told us nothing to justify their current moves. We did meet all the Federal and State requirements at the time of our application. ~ The people who reviewed all the applicants knew that! ~ The N.Y.S. D.O.T. is stealing our money and we would like each of you to whom we address this letter, to do something about it.

The Canadian Federal Government is to fund our $118,000.00 share of the cost.

They have been prepared to supply what is needed so that we could meet the requirement. ~ They are ready to pass this needed financing to Port Colborne's Department of Economic Development which will cover much of the labor and other items required in the rebuilding of the Canadiana hull. ~ The great benefits of saving this historic ship are obvious to them and they are standing ready to join in an International effort to bring this grand old ship back to operation. ~ With this petty ploy by the State D. O. T., we are in danger of losing the decades of wonderful opportunities our ship would provide; to both countries.

Are you going to throw away the chance to save this ship? ~ Canada is willing to back a major portion of the rebuilding. ~ Our organization provides the major thrust for covering the cost of getting it done? ~ We have raised approximately one and a half million dollars so far in our efforts to restore this great ship. ~ The vast majority of it, contributions of services and material and tremendous amounts of volunteer labor. ~ Is that all to be wasted?

The proposed rebuild of the Buffalo waterfront has a cost of $125,000,000.00 for starters. ~ Is this money to be spent on a gamble that people will come to this "island of niceness"? ~ The Canadiana would certainly bring them downtown to the waterfront; by the thousands, every day, all day. ~ You must certainly be aware that city planners across the country know that large historic ships are a major plus for any port city, to have. ~ You have the Canadiana. ~ Are you not going to keep that advantage? ~ Would you rather it just went to the scrap yard? ~ What are the real priorities here... Who's priorities are they?

We are to receive $400,000.00 from the State, for this restoration. ~ The State that paid for the Feasibility Study which proved that it should be done. ~ Why would they have done that? ~ Because if you look at just the first week the Canadiana sails, it will be running three cruises a day. ~ At 2000 people per cruise, six thousand a day, forty-two a week ant a measly $10.00 ticket price. That is $420,000.00 onto Main Street, in ticket sales alone. ~ The ISTEA "seed" money is given back to the taxpayer in less than a week. ~ Add parking, food, souvenirs, etc. and you have a million dollars, plus. ~ We know this will happen, as will any other individual who gives it a little thought. ~ There are hundreds of thousands of people out there, including Canadians, who have ridden the Canadiana in the past and will fight to do so again. ~ When this audience is finally satisfied, we have many other plans and methods to continue doing good for the people of this area and providing a major economic boost for the city.

There are pages of benefits, uses and returns that will flow from this ship. ~ The fund raising it will do for other charities. ~ Its use, given at no charge to children's organizations; for special, handicapped and indigent children to have a chance to sail our beautiful lake. ~ The tourism; when our totally unique excursions to Cleveland and Toronto cause 2000 people to rent 1000 hotel rooms here in W.N.Y. for days prior to, and following, the trip. ~ We can go on and on but this can all be seen on the Canadiana's Home Page on the Internet. ~ The slow thinkers who say it shouldn't be done, should go back under their rock.

Way beyond its money making capacity, there are the human needs that will be met. ~ Millions of children, over decades to come, would once again be able to sail across the lake. ~ To make contact with with their parents in ways that would never be forgotten. ~ There is so much good tied up in this boat, it is extremely hard to put into words.

Thousands of people have joined in and worked on this project over the years. ~ People who have invested so much energy and hope. ~ Those who have forsaken their own interests. ~ Those who have worked and lived to sail again on the Canadiana but who have died during the needlessly long struggle. ~ All will have given in vain. ~ We, and they, are being s#!% on by New York State. ~ Have we wasted all our time, effort and money believing our needs were answered? ~ We have been diverted away from pursuing other avenues of funding for these past two years plus. ~ We now face the loss of our ship. ~ All the money, services, material and labor that was lovingly contributed by many businesses in W.N.Y. as well as individuals who gave, some more than they could afford, to reach this point, is to be ignored?

The State wants to take this money from the Canadiana to give it to projects that were unable to rate in the first place. ~ It will go to those which had so little merit they were soundly defeated after three I.S.T.E.A. rounds. ~ The point is; the D. O. T. is not making better use of the money; they just want to take it away for very suspect reasons. ~ They are working against Western New York. ~ Tell them to give you clear answers as to how any why. ~ Make them point to something real; if they can. ~ Or; give it up!

They are stealing the federal transportation money that the Canadiana brought into this area. ~ They are taking away whatever benefit it could have provided for everyone here and they are preventing our goal of preserving for posterity, this beautiful and very worthwhile artifact of a much better time.

You must stop them. ~ If not, everyone will lose. ~ The city is dying but no one tries to reverse the process. ~ People crowding the sidewalks make the city; not self contained "arenas" that suburbanites visit. ~ Everyone who lives here will suffer for the mistakes that are being made now. ~ Everyone will remember. ~ We will do our best to help them do so. ~ Read the "History of the Canadiana". ~ Our book is being put on the Internet in stages. ~ It will continue to grow for perhaps a year when we will print the hard copy version. ~ The chapters are being uploaded and the pictures are being scanned. ~ The final chapter is being written now, as it is being played out. ~ Please do your best to be a part of its happy ending.

Yours truly;

Floyd Baker

President;
The S. S. Canadiana Preservation Society, Inc.