HomeMy WebLinkAbout10-1130-1118pp (2)NO. 22
PROCEEDINGS
OF THE
CITY OF BUFFALO
NOVEMBER 30, 2010
PENSION PROCEEDINGS
NOVEMBER 18, 2010
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
NIAGARA DISTRICT
DAVID A. RIVERA
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
CURTIS HAYES JR - ELLICOTT
DEMONE A. SMITH — MASTEN
MICHAEL J. LO CURTO — DELAWARE
JOSEPH GOLOMBEK JR. — NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL - UNIVERSITY
N *Cluj Ir e V Z K S] k� i h� i 111 i 9 4 *1
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr.,
David A. Rivera - Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr.,
David A. Rivera, Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E.
Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto,
David Rivera - Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members
SPECIAL COMMITTEES
Members
BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell -
EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana,
Joseph Golombek Jr., Curtis Haynes Jr. — Members
PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J.
LoCurto - Members
POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E.
Russell. Demone Smith — Members
Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera -
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J.
LoCurto, David A. Rivera, members
INVOCATION PLEDGE TO FLAG
DATE November 30, 2010
FINAL
MAYOR - EXECUTIVE
1. Strat Plan -Lease Agmt- Musicians United for Superior Ed. Inc., For Use 2 nd Floor
Utility /Pool Bldg Shoshone Park
FIN
2. Strat Plan -Renew Lease Agmt COB n University Heights Comm Deve for Use
of 3242 Main St.
FIN
3-
2A. Strat Plan- Report of Sale 388 Winslow(Masten)
CD
PUBLIC WORKS
4-
3. Permission to Hire Consultant 2011 Dept of Homeland Sec Data Call
APP
5-
4. Permission to Hire Consultant Renovation of Johnnie B Wiley Sports Complex
APP
6-
5. Report of Bid - Michigan Ave Water Main Investigation
FIN
7-
6. Request for Approval for Citywide Tree Mngt n Planning Agmt Btwn COB
and Wendel Duschscherer Arch & Eng
FIN
8-
7. Request to Purchase Equipment
APP
9-
8. Appoint Associate Account Clerk(Perm)(5 Step)(Jacobs)
CS
POLICE
10-
9. Drug Asset Forfeiture Wire Transfers
R &F
11-
10. State's 20% Share of UASI Funding -2008 & 2009
APP W /COND
FIRE
12-
11. Mandatory Radio Frequency Reconfiguration /Purchase of New Radio Equip
APP
CORPORATION COUNSEL
13-
11A Claims Committee Agenda
CLAIMS
PERMITS AND INSPECTIONS
14-
12. Pawn broker(New) -1831 South Park(South)
LEG
15-
13. Second Hand Dealer 1446 Hertel(Del)
APP
16-
14. Second Hand Dealer 729 Sycamore(Fill)
LEG
CITY CLERK
17-
15. Liquor License Applications
R &F
18-
16. Notices of Appointment - Seasonal
R &F
19-
17. Notices of Appointments- Temp /Prov /Perm
CS
MISCELLANEOUS
----- - -17A.
Crossroads Forum - Revitalize Central Pk Plaza
WITHDRAWN
20-
18. T. Herrera - Mishler -Peace Bridge Expansion Proj Position Paper
CD
21-
19. T. Herrera - Mishler -Peace Bridge Proj /Front Park
CD
22-
20. T. Herrera - Mishler -Peace Bridge /Front Park; Section 4(f) Compliance
CD
23-
20A J. Pajak -Info Requested by Councilmembers at
Capital Budget Imp. Workshop
BUDGET
24-
21. A. Schineller - Appeal Preservation Bd Decision Regarding 888 Main St.
LEG
25-
22. D. Smith -Abuse by the NFTA Transit Authorities
POL O/S
26-
23. D. Smith -Home Front Clients Paid Fees
CD
PETITIONS
27-
24. R. Cierniak, Agent, Rezoning M2 and M1 to R3, 127 Clayton & 2030 Elmwood -
55 Unit Senior Apt Fac(North)(Pub hrg 12/14) LEG,
CPBD,ZONING
28-
25. M. Brinkworth & O- Request Council to Adopt Bflo's Community Protections
From Natural Gas Extraction Ordinance
LEG
RESOLUTIONS
41-
26. Franczyk Appts to Council Management Task Force
ADOPT
42-
27. Franczyk Niagara District Appts to Police Reorg Commission
ADOPT
43-
28. Franczyk North District Appts to Police Reorg Commission
ADOPT
44-
29. Kearns Refunding Bond Resolution $77,000,000 Bonds - 1999,2001
and 2002 Outstanding Bonds
APP
45-
30. LoCurto, etc Waive Planning Board Fees, Pres Bd Fees and Bldg Permit
Fees For Bflo Zoo -New Entry Plaza & Arctic Edge Project
APP
46-
30A. Rivera, etc The Future of Buffalo Housing Court
ADOPT
47-
31. Smith Budget Amendments
LEG
TABLE ITEMS
------- - - - - -- Waterfront Neighborhood Community Development
Agreement (ccp# 3, 8/4/2010)
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
29-
1. Com 17
Nov 16
Appoint Machine
Operator (Perm)(Inter)(Rusinek)(PW)
APP
30-
2. Com 18
Nov 16
Appoint Park Utility Worker (Prov)(Inter)(Leanard)(PW)
APP
31-
3. Com 23
Nov 16
Appoint Laborer II(Perm)(Inter)(Nespal)(Pkg)
APP
32-
4. Com 27
Nov 16
Notices of Appointments- Temp /Prov /Perm(Cty Clk)
R &F
FINANCE
33-
5. Com 21 Nov 16
Agreement With Kleinhan's Music Hall Mngm't, Inc(CC)
APP
COMMUNITY DEVELOPMENT
34-
6. No 78
June 23
R. Fontana -Info Energy Savings From New Bflo
Impact( #34,5/12)( #62,6/9)
R &F
LEGISLATION
35-
7. No 42
Nov 16
B. Baumker, Agent, Use 399 Louisiana, Erect Two Pole Signs & Place
Three Wall Signs(Fill)(pub hrg 11/23)
APP W /COND
36-
8. No 43
Nov 16
D. Land, Agent, Use 2616 Main Street for an Outdoor Patio(pub hrg
11 /23)RECOMMIT
37-
9. No 37
Nov 16
D. Smith - Hydraulic Fracturing
R &F
38-
10. No 77
Nov 16
Restaurant Dance Class IV -3144 Main (Univ)(EDPI)( #35, 11/3)
RECOMMIT
39-
11. Com 27
Nov 3
Food Store License (New) -1358 Broadway(Fill)(EDPI)
RECOMMIT
40-
12. No 74
Nov 3
Food Store License(New) -684 LaSalle(Univ)(EDPI)( #30,10/19)
DENY
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, NOVEMBER 30, 2010
AT 2:00 P.M.
Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera,
Russell , Smith —9
Absent -- 0
On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 16, 2010 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1
LEASE AGREEMENT - MUSICIANS UNITED FOR
SUPERIOR EDUCATION, INC. (MUSE) FOR USE OF THE SECOND FLOOR OF THE UTILITY /CONTROL POOL BUILDING AND
FOUR DEDICATED PARKING SPACES IN SHOSHONE PARK (UNIVERSITY DISTRICT)
Musicians United for Superior Education (MUSE), a not for profit Corporation, previously had a lease agreement with the County of Erie
for use of the second floor of the utility /control pool building and four parking spaces within Shoshone Park for their staff. They utilize this
space Monday- Friday between the hours of 8:00 a.m. - 6:00 p.m. MUSE travels to various schools to teach the children music, dance and
visual arts. Their lease was for a two year period and expired on December 31, 2009. The agreement between Erie County and the City of
Buffalo has been terminated and the City has taken over management of the Parks.
The Office of Strategic Planning, Division of Real Estate has received a letter from Lucinda Ingalls, Executive Director of MUSE
requesting a lease agreement with the City of Buffalo.
Their request for a lease was forwarded to the Department of Public Works, Parks and Streets, Division of Parks & Recreation and Audit
and Control. There were no objections. All terms and conditions of said lease agreement shall remain the same including but not limited to
the following:
1. The annual rent shall be $1.00.
2. The lease agreement shall commence on January 1, 2011 and terminate
on December 31, 2011.
3. MUSE shall not sublet, assign or in any way encumber all or any of its
rights under this leasehold without written approval by the City of Buffalo.
4. MUSE shall pay the cost of all telephones, internet connections and
internet use.
5. The City of Buffalo shall pay the cost of all gas, electric, water and sewer
utilities.
6. MUSE shall be responsible for the cost of all minor repairs and
maintenance and shall at all times keep the entire premises in a clean and healthful condition including all common areas which shall
include but not be limited to the lobby and lavatories.
7. The City shall be responsible for capital improvements which shall be deemed as those structural in nature and affecting the use of the
permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises, including elevators, if any.
8. MUSE shall be responsible for the costs of snow removal from all
walkways in and around the premises.
Multiple Page Communication to the Common Council
9. MUSE shall provide the City with insurance as deemed necessary by
the City's Corporation Counsel Office.
10. The lease may be cancelled at any time by either party by giving at least
a 30 day notice in writing to the other.
11. MUSE shall notify the City in writing of its intensions to extend this lease no later than sixty (60) days prior to the expiration of the
lease term.
This office recommends that Your Honorable Body approve this lease agreement for a one (1) year period commencing on January 1,
2011 and terminating on December 31, 2011. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to
prepare the necessary documents for said lease agreement and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 2
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND UNIVERSITY HEIGHTS COMMUNITY
DEVELOPMENT, INC. (GLORIA J. PARKS COMMUNITY
CENTER) FOR USE OF 3242 MAIN STREET
UNIVERSITY DISTRICT
ITEM NO. 68, C.C.P. 12/9/2003
The Office of Strategic Planning, Division of Real Estate, has received a letter from Fred Brace; President Board of Directors of the
University Heights Community Development Association, Inc. requesting to continue to lease the above referenced property.
The University Heights Community Development Association has indicated that they have leased the Gloria Parks Community Center
since 1992 and invested over $450,000 in capital improvements to the building over the past several years. Their hours of operation are
Monday- Friday 8:30 a.m. -10:00 p.m. and Saturdays 9:00 a.m. -5:00 p.m. They are a not for profit neighborhood organization that offers a
multitude of human services & housing programs including senior services, after school youth activities & tutoring. Housing services
offered include the Acquisition Rehabilitation Resale Program, Minor Home Repair Loans and Referrals. Their current lease agreement
expired on July 31, 2008 and they are currently a month to month tenant under the same terms and conditions of the expired lease. The
Dept. of Public Works, Parks & Streets, Community Services and the Division of Audit have been contacted and there were no objections
to the lease renewal.
The lease shall be for a one year period commencing on January 1, 2011 and terminate on December 31, 2011 all other terms and
conditions of the expired lease shall remain the same including but not limited to the following:
1. The annual rental shall be One Dollar per year.
2. The City shall be responsible for the payment of 75% of all utilities, if
applicable, including but not limited to gas, water, sewer charge and electricity. University Heights shall be responsible for the payment of
25% of such utilities.
3. University Heights shall pay the garbage user fee and the costs of the pickup
and removal of solid waste from the premises.
4. University Heights shall be responsible for the costs of all minor repairs and
maintenance and at all times keep the premises in a clean and healthful condition. The City shall be responsible for all major repairs and
maintenance thereon. Major repairs shall be deemed as those structural in nature or affecting the use of the permanent fixtures thereon in
a significant manner,. both to the exterior and interior of the premises.
5. University Heights shall hold the City harmless of and free from any all liability of whatsoever name and nature and howsoever caused
in its use of the premises and as evidence thereof, shall, concurrently with or prior to the execution of the lease, at its own cost and
expense forward to the Director of Rea! Estate proof of an insurance policy naming the City of Buffalo as additional insured in amounts to
be determined the City's Corporation Counsel's Office.
6. Either party may terminate this lease upon forty -five (45) days written notice
served personally or by certified mail.
7. University Heights shall notify the City in writing, through the Division of Real
Estate, of its intention to extend this lease, no later than six (6) months prior to the expiration of the lease term.
8. University Heights shall not sublet, assign, or in any way encumber all or any
of its rights under this leasehold without written approval of the City. However, permission is granted to University Heights in its sound
discretion, to sublease space in said premises to the Buffalo Board of Education upon given prior written notice to the Commissioner of
Public Works along with detailed information pertaining to such sublease.
This office recommends that Your Honorable Body approve this lease agreement for a one (1) year period commencing on January 1,
2011 and terminating on December 31,2011. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to
prepare the necessary documents for said lease agreement and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 3
REPORT OF SALE
388 WINSLOW, 121.30' E FILLMORE
LOT SIZE: 30'X 113'
ASSESSED VALUATION: $1,000.00 (MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Rev. Jacqueline Foye of Apostolic House of Prayer,
1455 Fillmore Avenue, Buffalo, New York 14211 to purchase 388 Winslow. The Church is located at 1455 Fillmore, which is adjacent to
388 Winslow. They intend to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Eighty
Cents ($.80), per square foot. Rev. Foye has agreed and is prepared to pay Two Thousand Four Hundred Dollars ($2,400.00), Seventy
Cents ($70) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 388 Winslcw to Rev. Jacqueline Foye of Apostolic House of Prayer in
the amount of Two Thousand Four Hundred Dollars ($2,400.00). 1 am further recommending that the Office of Strategic Planning prepare
the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGICP.LANNING
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO.4
PERMISSION TO HIRE CONSULTANT
2011 DEPT. OF HOMELAND SECURITY (DHS)
DATA CALL
ITEM NO. 21, CCP 10/19/10
The United States Department of Homeland Security (DHS) works with local and regional partners across the country to identify assets
and infrastructure that would, if destroyed or disrupted, cause national or regional catastrophe. DHS executes this responsibility through
its Data Call process, an annual competition among local and state governments to construct credible disruption scenarios that would
result in the loss of critical assets and infrastructure.
The City of Buffalo competes annually with other cities throughout the country for Homeland Security Grant Program (HSGP) dollars. In
order for the City to be competitive, it is necessary that a consultant is hired to do the research for the upcoming 2011 DHS Data Call to
ensure that the City is awarded grant dollars for our critical infrastructure protection plans. The cost of the consultant is estimated to be
$31,000, and funds are available in account number 24570466- 434000 -10410 (HSGP Year 6 Funds).
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 13, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire a consultant to do the research for the
upcoming 2011 Department of Homeland Security Data Call. Funds estimated to be $31,000.00 for this project are available in account
number 24570466- 434000 -10410 (HSGP Year 6 Funds).
PASSED
AYES -9 NOES -0
NO. 5
PERMISSION TO HIRE CONSULTANT
RENOVATION OF JOHNNIE B. WILEY
SPORTS COMPLEX
Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide
construction assistance for the Renovation of the Johnnie B. Wiley Sports Complex. This project was approved as part of the Capital
Improvements Plan. Funds are available in 33320806 445100 - Buildings.
The estimated consulting budget for this project is not to exceed $70,000.00. Steven J. Stepniak
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated November 17, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to be, retain a consultant to prepare plans,
specifications and provide construction assistance for the Renovation of the Johnnie B. Wiley Sports Complex. Funds for this project are
available in 33320806 445100 - Buildings.
PASSED
AYES -9 NOES -0
NO. 6
REPORT OF BID
MICHIGAN AVENUE WATER MAIN INVESTIGATION
This is to advise your Honorable Body that I have advertised for and received bids on November 10, 2010 for the Michigan Ave. Water
Main Investigation Project.
The following bids were received for the project:
1- Visone Construction, Inc. $367,965.00
79 Sheldon Ave.
Depew, N.Y. 14043
2- Kandey Company, Inc. Bid Rejected
19 Ransier Drive
West Seneca, N.Y. 14224
Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the
only .responsible bidder is Visone Construction Inc., the bid received from Kandey Company, Inc was incomplete and considered non-
responsive.
I hereby certify that the only responsible bidder is Visone Construction Inc.
I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 367,965.00 (base bid) plus $ 36,796.50
(10% contingency) for a total contract award of $ 404,761.50. The funds are available in a Division of Water account 53220736 44510.
Peter J. Merlo, P.E., City Engineer FOR
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 7
REQUEST FOR APPROVAL
FOR CITYWIDE TREE
MANAGEMENT AND PLANNING
AGREEMENT BETWEEN
CITY OF BUFFALO AND
WENDEL DUCHSCHERER
ARCHITECTS & ENGINEERS
Requests for Proposal were sent March 11, 2010 and I received the following formal sealed bids for Citywide Tree Management and
Planning which were publicly opened and read on April 5, 2010. The following bids were received:
Company Bid
Wendel Duchscherer $277,395.00
Architects & Engineers No Bid Received
URS Corporation No Bid Received
Bergmann & Associates
I hereby certify that the foregoing is a true and correct statement of all bids received and that Wendel Duchscherer Architects &
Engineers, with a bid of two hundred seventy -seven thousand, three hundred ninety -five dollars ($277,395.00), is the lowest responsible
bidder in accordance with the plans and specifications.
I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Wendel Duchscherer
Architects & Engineers to provide professional services necessary for related planning and management of City owned trees. Funds for
this work are available in Account #30000106 - 445100.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
REQUEST TO PURCHASE EQUIPMENT
Purchase (5) New Fisher 10' salt spreader bodies installed onto city's existing
chassis. Contract #7448 @ 4425.00 ea,
Total $ 22,125.00
Funds to come out of account:
14197007 - 474100
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated November 22, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets and the Director of Purchase be, and they hereby are authorized to purchase
(5) New Fisher 10' salt spreader bodies installed onto city's existing chassis, Contract #7448 at $4,425.00 each. Funds for this project
are available in 1419700 %474100. That the purchase of these vehicles is approved contingent on the new vehicles being designated as
not authorized for take— home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use,
that the replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City.
PASSED
AYES -9 NOES -0
NO. 9
CERTIFICATE OF APPOINTMENT
Appointment effective 11/16/2010 in the Department of Public Works, Parks and Streets to the position of Associate Account Clerk,
Permanent Appointment at the Fifth Step of $40,337
Jennifer Jacobs, 102 Middlesex Rd, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 10
DRUG ASSET FORFEITURE WIRE TRANSFERS
10 -DEA- 528551 C2 -10 -0075 3,445.95
10 -DEA- 533179 C2 -10 -0125 1,421.97
09-DEA-511429 C2 -09 -0043 3,105.29
09 -DEA- 516624 C2 -08 -0144 368.66
09 -DEA- 521530 C2 -09 -0148 1,443.25
09 -DEA- 516621 C2 -08 -0144 228.14
10 -DEA- 530938 C2 -10 -0103 3,671.58
09 -DEA- 522050 C2 -09 -0155 4,983.10
10 -DEA- 531293 C2 -10 -0108 1,219.38
10 -DEA- 531511 C2 -10 -0109 1,757.58
10 -DEA- 531627 C2 -10 -0112 1,882.38
10 -DEA- 532201 C2 -08 -0109 717.23
10 -DEA- 531940 C2 -10 -0111 12,851.37
10 -DEA- 531923 C2 -10 -0081 12,244.22
10 -DEA- 531923 C2 -10 -0081 8,707.08 (15% SAFF)
TOTAL $58,047.18
The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property.
The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-
389001. 15% of the DEA funds have been deposited into SAFF account 10440 for fulfilling year 5 expenditures under SAFF legislation.
The remaining funds will be placed into one or more of the following accounts as deemed necessary b3— the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers,
Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624.
RECEIVED AND FILED
NO. 11
STATE'S 20% SHARE OF UASI FUNDING: 2008 - UASI YEAR 6
AND 2009 - UASI YEAR 7]
CCP #21, ITEM #36 - UASI YEAR 7
CCP #24, ITEM #27 - UASI YEAR 6 ]
As your Honorable Body is aware, the City of Buffalo, as part of the Homeland Security Funding, receives Urban Area Security Funds.
Each year, the State is entitled to 20% of the actual award to our region. For the 2008 and 2009 UASI fiscal years, we have been advised
that New York State will give back their 20% share of the UASI funding to the regional partners of the City of Buffalo, and the Counties of
Erie and Niagara.
Under the 2008 funding, the City's share of this 20% holdback is $333,003, which will further enhance the communications for Police and
Fire for a wide area digital network and also, secure some satellite telephones for public safety use. The State created a budget
amendment to the current UASI 2008, Year 5 contract, thus increasing it from $1,854,090 to $2,187,093 with the addition of the
$333,003.
Under the 2009 funding, the City's share of the 20% given back to the area by the State is $411,919, which will fund updating the City's
comprehensive emergency management plan and associated annexes, along with procuring receivers and a base station for Buffalo
Police and Fire communications, in addition to covering expenses for completing the City of Buffalo's crisis management system. The
State included the 2009 funding in the actual UASI contract rather than initiate a budget amendment as this particular contract has not
been executed yet and is in process, thus our total contract award will increase from $1,942,880 to $2,354,799.
We are requesting that your Honorable Body approve the Mayor's acceptance of these additional funds. We are also requesting
permission for the Comptroller's Office to provide an inter -fund cash loan should the need arise for any non - personnel expenditures until
such reimbursement is secured from the State. If this should occur, then the loan would be repaid since the reimbursement is sent to the
City from the State under this grant project. There is no City Match involved with UASI funding.
We are respectfully requesting that your Honorable act as quickly as possible to vote on this item since these (2) grants are already in
progress and we want to go to the Control Board so that the Comptroller's Office can add these additional funds to our current grant Trust
and Agency Accounts.
If additional information is required, please feel free to contact Captain Mark Makowski at 851 -5643 or Maureen Oakley of our Grants
Section at 851 -4475. We appreciate your immediate attention to this matter given the tight time frame and the State's generosity to our
City.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated November 18, 2010, be received and filed; and
That the Mayor, as part of the Homeland Security Funding be, and he hereby is authorized on behalf of the City to accept additional funds
of $333,003 for 2008 UASI Funding and $411,919 and that the Comptroller be, and he hereby is authorized to provide an interfund cash
loan for all non - personnel expenditures until such reimbursement is secured from the State. The loan will then be repaid since the
reimbursement is sent to the City from the State under this grant project.
PASSED
AYES -9 NOES -0
FROM THE COMMISSIONER OF FIRE
NO 12
MANDATORY RADIO FREQUENCY
RECONFIGURATION /PURCHASE OF NEW RADIO
EQUIPMENT & RELATED
EXPENDITURES /FORMAL AUTHORIZATIONS
REQUEST /EXPENDITURE OF UP TO
$2,741,202.58.
The City of Buffalo Fire Department's radio shop maintains the radio and communications systems for every department of the City of
Buffalo. The Federal Communications Commission ( "FCC ") is requiring a radio frequency reconfiguration (more precisely - a "narrow
banding ") that will impact certain radio bandwidths and radio equipment currently used by nearly every City of Buffalo department /agency.
The necessity of the frequency reconfiguration "narrow banding" is attributable to more widespread use of wireless communications and
a resulting scarcity of available bandwidths. Accordingly, the FCC is requiring that municipalities such as the City of Buffalo and any other
users of certain bandwidths complete the narrow banding process by December 31, 2012. Most of the radio equipment currently in use
by the City departments will not "narrow band" and must therefore be replaced. The City of Buffalo Fire Department's Radio Shop
accordingly has issued a request for proposals for provision of the necessary replacement radio and communications systems. The City
of Buffalo Fire Department radio shop has determined that it is appropriate to proceed with a purchase of the replacement radio and
communications systems as proposed by Motorola. In addition to Motorola's favorable pricing /incentives, Motorola was selected in large
measure due to the ease with which the narrow banding can occur utilizing Motorola radio equipment and communications systems. The
ease with which the required new radio equipment and communications systems can be put into use and implemented if Motorola
equipment is purchased runs from issues having to do with minimal additional training for City departments as to radio use and
maintenance /repair and software interaction as well as a six decades old working relationship with Motorola. The selection of Motorola is
therefore both a "sole source" type of decision as well as a best pricing /implementation decision.
In order to meet the narrow banding time lines required by the FCC, the City will need to promptly take certain actions involving the
purchase of the radio equipment and communications systems and related expenditures.
It is currently estimated that the City's costs to complete the radio equipment and communications systems purchase and implement the
frequency reconfiguration narrow banding will be $2,741,202.58. A copy of the pricing /equipment list is attached. Funds for this project
are available through Bond account numbers 32200106 445100 and 33210206 445100. Additional funds for this project are also available
thru UASI grant funding.
Accordingly, the Fire Department requests your Honorable Body to:
1. Generally ratify and approve the efforts and actions of the Fire Department which have led up to this point,
2. Grant the Fire Department and the Fire Commissioner the specific
authority to enter into the attached agreement with Motorola and fund up to $2,741,202.58 for such purposes,
3. Authorize the Fire Department and or other appropriate City staff to take
all such steps and actions and to execute and or process such additional agreements, contracts, documentation and or modifications
thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement as well as the underlying required
narrow banding,
4. Direct Corporation Counsel and other appropriate City and Fire
Department personnel to negotiate to finalization said agreement and all other necessary documentation wherever necessary for
execution and actual implementation.
Mr. Fontana moved:
That the above communication from the Commissioner of Fire dated November 10, 2010 be received and filed; and
That the Common Council ratify and approve the efforts and actions of the Fire Department, that the Commissioner of Fire be, and he
hereby is authorized to enter into the an agreement with Motorola and fund up to $2,741,202.58 for radio equipment and communications
systems purchases. The Fire Department and other appropriate City staff is authorized to take all such steps and actions and to execute
and or process such additional agreements, contracts, documentation and /or modifications thereto as shall be necessary to facilitate and
implement the terms and provision of the agreement as well as the underlying required narrow banding. That the Acting Corporation
Counsel and other appropriate City and Fire Department personnel to negotiate to finalization said agreement and all other necessary
documentation wherever necessary for execution and implementation. Funds for this project are available in Bond account numbers
32200106 445100 and 33210206 445100. Additional funds for this project are also available through UASI grant funding.
PASSED
AYES - 9 NOES — 0
FROM THE CORPORATION COUNSEL
NO. 13
CLAIMS COMMITTEE AGENDA
Claims Committee Meeting
Wednesday, December 8, 2010 11:00 a.m.
Hon. David A. Rivera, Chairperson
AGENDA
Personal Iniury
A.
1.
Eula Collins - Bailey
$ 3,000.00
A.
2.
Jeremy Evens
$17,500.00
A.
3.
Antonio Gardin
$15,000.00
A.
4.
Kenneth Hartman
$ 40.00
A.
5.
Garrett Hicks
$10,000.00
A.
6.
Abdou Taher
$70,000.00
A.
7.
Shaneesha White
$ 3,500.00
A.
8.
Tera Lynn Whiteside
$ 3,500.00
A.
9.
Desiree Williams p /n /g Joshua Miller,
Daniel Williams and Tionee Miller
$49,000.00
Property
Damage
B.
1.
Barbara Barksdale
$988.00
B.
2.
Jacqueline Barnett
$180.79
B. 3.
Sharon Coughlin
B. 4.
Kimberly Ann Dole
B. 5.
Stephen Guevara
B. 6.
Paula Mason
B. 7.
Al E. Moore
B. 8.
National Fuel
B. 9.
Daniel Olszewski
B. 10.
Carmen Pace
B. 11.
Connie Poitras
B. 12.
Alfonso Polito
B. 13.
Kathie Renner
B. 14.
Rachel Sayles
B. 15.
Robert Wegrzyn, Jr.
Miscellaneous Reimbursement
C. 1.
Liban Mayow Abikar
C. 2.
Le'Don Hall
C. 3.
Sandra Warheit
Miscellaneous Invoices
D. 1.
AFSCME Local 650
D. 2.
AT &T Mobility
D. 3.
Bison Baseball
D. 4.
Bison Baseball
D. 5.
Bison Elevator
D. 6.
Bison Elevator
D. 7.
Bison Elevator
D. 8.
Buffalo OccMed LLC
D. 9.
Buffalo Small Animal Hospital
D. 10.
Buffalo Small Animal Hospital
D. 11.
Buffalo Small Animal Hospital
D. 12.
Buffalo Small Animal Hospital
D. 13.
Cintas
D. 14.
City Treasury
D. 15.
Comdoc Office Systems
D. 16.
Comdoc Office Systems
D. 17.
County Line Stone Co.
D. 18.
Geiter Done of WNY
D. 19.
Hannah Demolition
D. 20.
Idexx Distribution
D. 21.
Lardon Construction Corp.
D. 22.
Marlin Leasing
D. 23.
Metro Environmental
D. 24.
O'Connell Electric
D. 25.
P &A Group
D. 26.
Personal Computers Inc.
D. 27.
Personal Computers Inc.
D. 28.
Verizon
D. 29.
Xerographic Solutions
D. 30.
Xerographic Solutions
REFERRED TO
THE COMMITTEE ON CLAIMS
$ 531.00
$113.02
$962.72
$5740.00
$399.00
$ 90.00
$1798.38
$374.54
$473.72
$1306.50
$195.75
$66.00
$705.90
$500.00
$1500.00
$ .75
$1617.07
$8311.55
$23,800.00
$30,000.00
$1996.65
$1850.00
$1261.75
$154,342.78
$380.00
$4891.02
$2838.16
$7367.64
$1072.55
$101.00
$62.80
$137.03
$3901.66
$22,550.00
$17,000.00
$240.35
$1318.20
$456.00
$18,438.00
$8046.87
$36,809.00
$1867.50
$3765.00
$92.29
$1242.00
$1050.00
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 14
PAWNBROKER (NEW)
1831 SOUTH PARK (SOUTH DISTRICT)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Pawnbroker's License located at 1831 South Park and find that as to form it is correct. I have caused an investigation into the premises
for which said application for a pawnbroker license is being sought and according to the attached reports from the Zoning Office, Fire
Department and Building Inspector, I find it complies with al! regulations and other applicable laws. I have caused an investigation by the
Police Department into the moral character of Joel Graham. The attached hereto for Joel Graham d /b /a Liberty Gold & Silver. This
request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 15
SECOND HAND DEALER 1446 HERTEL (DEL)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second
Hand Dealer License located at 1446 Hertel and find that as to form is correct. I have caused an investigation into the premises for
which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office,
Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Stacey Moscato. The attached thereto for Stacey Moscato d /b /a /Peek -A -Boo Baby
Boutique Inc. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development Permit and Inspection Services dated November 19,
2010, be received and filed, and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer License to Stacey Moscato d /b /a Peek -A -Boo Baby Boutique, Inc. located at 1446
Hertel Avenue.
PASSED
AYES -9 NOES -0
NO 16
SECOND HAND DEALER 729 SYCAMORE (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second
Hand Dealer License located at 729 Sycamore and find that as to form is correct. I have caused an investigation into the premises for
which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office,
Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Abdul Fahah Majid. The attached thereto for Abdul Fahah Majid d /b /a Lucky Market
11. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO 17
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
51 West Chippewa 51 West Chippewa TC MG Inc.
RECEIVED AND FILED
NO 18
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
Certificate of Appointment
Appointment Effective November 15, 2010 in the Department of Parking Division of Parking Enforcement to the Position of Laborer II
Seasonal Non - Competitive Flat Starting Salary of $11.87.
Kevin Lafferty, 45 Carlyle Avenue, Buffalo 14204
Certificate of Appointment
Appointment Effective November 16, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal
Appointment Flat Starting Salary of $11.87.
Arbey Hill, 65 Lewis, Buffalo 14206
Certificate of Appointment
Appointment Effective November 17, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal
Appointment Flat Starting Salary of $11.87.
James Moore, 80 Poultney Avenue, Buffalo 14215
Certificate of Appointment
Appointment Effective November 22, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal
Appointment Flat Starting Salary of $11.87.
Thomas Skibinski, 121 Virgil Avenue, Buffalo 14216
NO 19
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per
contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment Effective November 6, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior
First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
William C. Gallagher, 194 Culver Road, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective November 12, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Reginald Goston, 378 Northland Avenue, Buffalo 14208
CERTIFICATE OF APPOINTMENT
Appointment Effective November 15, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Thomas J. Pyjas, 29 Garvey Avenue, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective November 16, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Lawrence L. Doctor, Jr., 70 Hansen Street, Buffalo 14220
Dennis Schollard, 39 Shenandoah Road, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective November 18, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
James T. Conrad, 128 Harding Road, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective November 19, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Sephen J. Makula, 400 Linden Avenue, Buffalo 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective November 23, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Victor Burgio, 340 Sterling Avenue, Buffalo 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective November 24, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Patrick J. Lonergan, 77 Potters Road, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective November 25, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
Casimir F. Piwowarski, 74 N. Odgen Street, Buffalo 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective November 26, 2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00
John R. Womer, 4 Rebecca Park, Buffalo 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective December 6, 2010 in the Department of Common Council Division of Records Management to the Position of
Laborer II Temporary Non - Competitive Minimum Starting Salary of $29,126
Tara Rogowski, 44 Remington Place, Buffalo 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective November 16, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Permanent
Appointment Minimum Starting Salary of $22,070
Jordash Pindard, 111 Manhattan Avenue, Buffalo 14215
Mahamed Ali, 321 Grant St, Buffalo 14213
CERTIFICATE OF APPOINTMENT
Appointment Effective November 23, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Permanent
Appointment Minimum Starting Salary of $22,070
Don Williams, 51 Schutrum St, Buffalo 14212
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO 20
T. HERRERA - MISHLER -PEACE BRIDGE EXPANSION PROJECT POSITION PAPER
Buffalo Olmsted Parks Conservancy
The struggling economy of the Buffalo and the Niagara Region has been a topic of discussion and anguish for many years, worsened by
the recent nationwide economic crisis. As American cities invest in infrastructure to become more economically competitive, there is a
growing recognition that economic development potential increases when barriers between communities and important waterfront
properties (such as expressways and other 20th - century symbols of driving efficiency) are removed and replaced with parks and green
space designed to enrich the human experience. The proposed creation of a huge truck stop and 400 car parking lot in connection with
the proposed new bridge, while being touted as a boon to the local economy, in reality represents a massive step in the opposite direction
in one of the most important historic park settings in the City of Buffalo.
As the Buffalo Olmsted Parks Conservancy (Conservancy) consistently has maintained, the project will have a significant adverse effect
on the west side of Buffalo and historic Front Park. Every visitor arriving into the United States and thousands of local residents of this
densely developed historic neighborhood will feel, smell and hear the adverse impact.
Unfortunately, to date, the Buffalo and Fort Erie Public Bridge Authority (PBA) has failed to acknowledge
ANY negative impact on Front Park. Here is what will happen if the current project proposal moves ahead:
• The historic parklands will be further isolated by a large paved parking area, populated by numerous idling diesel trucks.
These trucks will continue to produce significant amounts of air pollution, exacerbating pollution in one of the nation's worst air
quality regions.
• A significant portion of the historic neighborhood that provides the setting for the historic parklands will be demolished.
• The number of park users who can walk to the park and enjoy its amenities will be reduced.
The project will block the views to the magnificent confluence of Lake Erie and the Niagara River. This vista was personally
chosen by America's preeminent landscape architect, Frederick Law Olmsted, who strategically located Front Park to capture
these views and fresh air for posterity. It is a grim irony that the Authority now advocates a massive parking ramp and truck stop
and related concrete infrastructure at a waterfront vista that inspired Frederick Law Olmsted to design a park in this location,
which he called "the lungs of the city."
Buffalo's Olmsted Parks have enjoyed a green renaissance through one of the most effective public /private partnerships in the nation.
The Conservancy manages the 1200 -acres of parks in partnership with the city of Buffalo. The parks are a 19 century masterpiece of
urban design and park/parkway planning and now constitute National Historic Register landmarks. The park system is acknowledged
widely as one of Buffalo's greatest assets.
The interconnected parks and parkways are threaded throughout the city, touching almost every neighborhood. These beautifully
manicured parklands greatly enhance Buffalo's present and future as a cultural tourism destination. With this green infrastructure, our
region can provide a quality of life that continues to draw new knowledge -based businesses, creating new opportunities for our children to
stay to live and work in Western New York. Sustainable economic growth based on a diversified and rich cultural heritage will generate
true and long lasting benefits. These benefits will create an authentic quality of life for Buffalo's residents and visitors.
Front Park represents an opportunity to greet our many visitors from Canada with our best foot forward in an Olmsted landscape. Front
Park is directly linked to the rest of the park system along Porter Avenue, an Olmsted - streetscape. Almost every major Buffalo cultural
institution is in or along an Olmsted- designed landscape. Front Park and its original visitor center, Lakeview House, should be restored,
not ignored.
The PBA and Federal Highway Administration have failed to provide any prudent and feasible alternatives to PBA's preferred design, a
mandate of the DEIS process. They have also failed to demonstrate that PBA s preferred design will avoid adverse impacts to important
historic resources, or that the proposal will mitigate adverse impacts to historic resources and the environment to the maximum extent
practicable as required by law. "At the same time, the PBA has failed to provide any credible evidence that a 400 car parking ramp and
massive truck plaza on Buffalo's waterfront will have any material economic benefit to the local community. The National Trust for Historic
Preservation and the Advisory Council for Historic Preservation both recently agreed with the Buffalo Olmsted Parks Conservancy on the
historic preservation issues and urged the Federal Highway Administration to re- examine the potential impacts on historic assets.
The Conservancy has been promoting the innovative solution of moving the plaza with its associated customs, immigration and duty -free
land uses to the Canadian side. Many of the barriers to undertaking this potential solution have been overcome. The Conservancy is
dismayed that the PBA and its principal backers have been unwilling to re -open this previously supported discussion.
The Conservancy has proposed many ways to minimize the adverse impacts if the project moves forward. The Conservancy's
recommendation to depress the ramp that blocks the view of the water remains a key initiative. However, the Conservancy's list of
proposed mitigation measures also includes: restoration of the historic park, visitor center and its views, and re- connecting the park to the
surrounding neighborhood and the waterfront; air pollution controls through green roof technologies, underground parking (to minimize the
impact of a 400 car parking ramp) and relocation of the duty -free retail operations off- site.
Buffalo and the Niagara Frontier now face a fundamental question about the type of place we want to be. Rather than reducing it to a
concrete doormat, our international gateway should embrace our City and Region as a place of great historic, environmental, and cultural
riches. Past transportation "enhancement" projects in Buffalo have left terrible scars on our community; highways have bisected and
decimated our parks and historic neighborhoods and cut us off from our waterfront. Trucks poison our air, block our views and threaten
the health of our kids. For these reasons, the Conservancy has opposed the current PBA proposal and has offered a myriad of
alternatives throughout the regulatory process.
Summary of Conservancy's Comments and Recommendations
• Full restoration of Front Park: historic landscape patterns, circulation, and amenities
• Portions of the historic part of Front Park currently used by the Peace Bridge plaza should be returned to the Front Park
"envelope." This includes portions of the historic Fort Porter, the Bank, and Sheridan Terrace areas.
• Enhancement of connection between Front Park and th surrounding neighborhood by the elimination of Baird Drive.
• Restore Porter Ave to its former grandeur as the waterfront connector of the Buffalo Olmsted Park and Parkway System by:
eliminating commercial truck traffic, enhancement of Porter Ave streetscape, elimination of expressway on ramps east of the 1-
190 Bridge, and widening of the bridge for enhanced pedestrian connection to the Riverwalk and waterfront.
• The view of Lake Erie and the Niagara River should be restored by depressing the fly -over ramp connecting the plaza to
the 1 -190 south.
• Elimination of Visitors Center, Duty -free Shop and Parking Ramp from reconstruction plan for Niagara St. This will save 30
residences and businesses from demolition and retain the urban character of Niagara St. and provide the community with an
extensive vegetative buffer from the plaza.
• Reconstruction of the Lakeview House in Front Park as Visitors Center. Also reconstruct access from toll plaza.
• Relocation of parking structure to one underground level under the Peace Bridge Plaza.
• Relocate Hutchinson Chapel one block south on Busti Ave. diagonally across the intersection of Busti Ave. and Vermont St.
from the entrance to Front Park.
• Green roof / Air pollution control covering secondary truck inspection area.
The Conservancy has never opposed the construction of a new international crossing. It stands, however, by its extensive record of
mitigation demands with regard to the currently proposed PBA Bridge Expansion Project.
Buffalo Olmsted Parks Conservancy
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 21
T. HERRERA - MISHLER -PEACE BRIDGE PROJECT/ FRONT PARK
David J. Colligan, Chair
Buffalo Olmsted Parks Conservancy
84 Parkside Avenue
Buffalo, NY 14214
1 am Charles E. Beveridge, PhD, Hon. ASLA, of 1204 Russell Road, Alexandria, Virginia. I am Series Editor of the Frederick Law
Olmsted Papers Project, and have edited and overseen the editing of eight volumes of a projected twelve - volume series of Olmsted's
writings published by Johns Hopkins University Press. In the process I have published all of Olmsted's significant writings concerning the
Buffalo park system that he and his partners designed. I wrote the section entitled "Buffalo's Park and Parkway System" in the book
Buffalo Architecture: a Guide, published in 1981 by MIT Press, and the article "Frederick Law Olmsted's Vision for Buffalo" in Francis R.
Kowsky, ed., The Best Planned City,' The Olmsted Legacy in Buffalo, published in 1992. 1 am also the author of Frederick Law Olmsted:
Designing the American Landscape, published by Rizzoli Publications International in 1995. During my career of over forty years of
research and publishing on Olmsted's career I have served as historical consultant and advisor for preservation and restoration programs
for forty parks and landscapes designed by Olmsted and his firm, including the park systems of Boston, Rochester, Atlanta, and
Louisville, and such individual parks as Prospect Park in Brooklyn, Mount Royal Park in Montreal, Patterson Park in Baltimore, the
Midway in Chicago, the U.S. Capitol grounds, and South Park in Buffalo.
The Place of the Buffalo Park System in Olmsted's Career
The Buffalo park system that Frederick Law Olmsted planned with his partner Calvert Vaux beginning in 1868 holds a very special place
in his extensive legacy of public park design. It was the first realization of his concept of a comprehensive and integrated park system for
a city, one that would connect a number of parks and recreation grounds with wide parkways and tree -lined boulevards, providing amenity
mad coherence to the growing city. Buffalo was the first city to construct such a system in a single effort and according to a single plan.
The key public recreation grounds in the Olmsted /Vaux plan of c. 1870 were Delaware Park, the Parade (now Martin Luther King, Jr.
Park) and the Front (now Front Park). Each offered special facilities that were designed to serve particular functions for the entire city.
Delaware Park, with its extensive Meadow Park and adjacent Lake, was to meet recreational needs of picnicking, informal games, and
boating; the Parade provided for large gatherings and military reviews, and was to have a series of play facilities for children as well as a
restaurant and dance hall; the Front was to serve as a formal water gate for the city, securing the view of Lake Erie as a magnificent
setting for civic functions, concerts, and athletic events. Connecting these three park spaces were avenues and two - hundred -foot wide
parkways that connected with the street system planned earlier by Joseph Ellicott. The parkways were wider and contained more rows of
trees than many of the famous boulevards of Paris that inspired them. Olmsted was so proud of the accomplishment of Buffalo that he
drew up an exhibit for the Centennial Exhibition in Philadelphia in 1876 that demonstrated his belief that Buffalo was "the best planned
city, as to its streets, public places and grounds, in the United States if not in the world." (Olmsted to George E. Waring, April 13, 1876).
The Buffalo park and parkway system was the first of many that Olmsted and his firm planned for American cities, including Boston,
Brooklyn, Rochester, Chicago, Denver, Seattle, and Washington, D.C., and had significant impact on park planning in many other places.
The park and parkway system constructed in Buffalo according to Olmsted's plans gave Buffalo much of its special character and amenity
of open space. It also added to the city's longstanding tradition of comprehensive planning and greatly strengthened its tradition of
supporting first -rate architecture, engineering, and landscape design. That tradition needs to be recognized and honored in any planning
process undertaken today.
The Importance of Lake Erie in Olmsted's Planning for Buffalo
Throughout his long involvement in park design and city planning for Buffalo, Olmsted emphasized the importance of access to Lake Erie
for recreation. In the plan of the 1870s he not only proposed creating a public recreational area at the Front, but also wished to site the
Parade on the height of land near the present -day City Honors School in order to take advantage of the site's panoramic view of the lake.
Demands of eastside residents for more access to parkland resulted instead in locating the Parade closer to those neighborhoods.
Olmsted continued to agitate for a Iakeshore park and when in 1887 -88 he was asked to provide a plan for parks and parkways south of
the Buffalo River, he drew up plans for a large park on the lake west of the site of present -day South Park. He provided for swimming
facilities on the lake shore and designed a large lagoon full of small islands for boating. In addition, he proposed a four -mile lakeside levee
with access for carriages and horse -cars accompanied along its inland side by a canal for ferry boats and small craft. The city chose
instead to have his firm design South Park and Cazenovia Park on interior sites. Despite his various efforts, the only place in Buffalo
where Olmsted's designs for a public recreation area in view of Lake Erie were carried out and that survives today was Front Park. This
gives special significance to Front Park and its position, both historical and functional, in the Buffalo park system.
Olmsted's Design Concept for the Front
Of the three parts of the Buffalo park system that Olmsted planned with a view of Lake Erie - -the Front, the original Parade, and the South
Park of 1888 - -only the Front was constructed: It was to provide a striking vista of Lake Erie, the principal landscape feature of the city. He
designed a large viewing concourse overlooking the lake and arranged the park as the site of civic gatherings, including concerts and
athletic events. In this he anticipated by twenty years the appeal he would make in Chicago as site planner of the World's Columbian
Exposition of 1893 to place the Exposition grounds next to Lake Michigan. The landscape feature that dominated the site of that
Exposition was the expanse of the lake.
The significance of the Front in the system he planned in the 1870s for northern Buffalo is indicated by the access routes he proposed for
it. There was to be the tree -lined avenue of Porter Avenue, leading to North Street Circle and from there by Richmond Avenue to Bidwell
Place and the wider parkways connecting to Delaware Park. In addition, Sixth Street (now Busti) was to be one of three major, tree -lined
routes leading from Niagara Square, the central point of Joseph Ellicott's street system, to the principal elements of the new park system.
Fillmore Avenue led to the Parade (now Martin Luther King, Jr., Park), Delaware Avenue led to Chapin Place and from there by parkways
to Delaware Park, and Sixth Street led to the Front and the major circle of the Bank at the northern end of Fort Porter.
Olmsted's plan shows a carriage circuit running through the Terrace of the Front and then along Sheridan Terrace in Fort Porter to the
Bank. He intended to make the view of the Niagara River from the fort a significant element of the landscape experience provided by that
part of the park system. There visitors could experience the feature that he particularly noted," a river effect such as can be seen, I
believe, nowhere else - -a certain quivering of the surface and a rare tone of color, the result of the crowding upward of the lake waters as
they enter the deep portal of the Niagara." ( "A Healthy Change in the Tone of the Human heart," Century Illustrated Monthly Magazine,
vol. 32 [886], p. 963). Olmsted's recognition of the special scenic quality of the northeastern end of Lake Erie and the Niagara River is
emphasized by the fact that he was the leading figure in the campaign of 1879 -85 to create the Niagara Reservation and called for
preservation not only of the area of the Falls but also of the views of the rapids above them. In all, Olmsted was engaged for two decades
of his career, from 1868 to 1888, in explaining the special scenic qualities of the Niagara River and planning for its preservation in the
interest of the public.
Realization of the Olmsted plan
Historical records, particularly the Buffalo Park Commission's Topographical Map of 1898, indicate that Olmsted's plan for the Front was
carried out in nearly every detail. While the Bank was not constructed as a full traffic circle, a drive through Fort Porter on Sheriden
Terrace provided the scenic circuit that Olmsted had planned through both properties. That Sheriden Terrace was considered,
functionally at least, as part of the park system is further indicated by the fact that in 1892, as noted in its annual report for that year, the
park commission reconstructed Sheriden Drive using the Telford Macadam system of stone base and surfacing. (1893 Annual Report,
pp. 24 -25). The aerial photograph of 1927 shows ball fields ill the area of the decommissioned fort adjacent to the Front, adding an
additional connection of the fort to the park system. It also shows Sheriden Drive in place and connected to the Front. A 1951 aerial photo
shows two additional baseball fields in the Fort Porter area, and Sheriden Drive and its allee of trees still intact.
Further involvement in designing park facilities for the Front area came in 1898, when the Olmsted firm drew up a plan for the projected
extension of parkland westward to the Lake. The plan shows gymnastics facilities between the Erie Canal and the NY Central Railroad
that are similar to the gymnastic grounds designed by Olmsted for Charlesbank on the Charles River in Boston in the early 1890s, as well
as the gymnastic grounds his firm was designing in 1897 -98 for Jackson Park in Chicago. West of the railroad the plan shows an
embankment promenade and lawn area similar to that at Charlesbank. It also shows a beach and protected swimming area that would
finally have brought the park system to Lake Erie.
Historical Intrusions on Front Park
Intrusions on the integrity of Front Park and its function appear to have begun by 1898, when a topographical map shows a number of
buildings, apparently associated with Fort Porter in the northwest section of the park, below the Plaza and potentially blocking some of the
view of the Niagara River entrance.
Far more serious intrusions began with the building of the Peace Bridge, which opened in 1927. An access road to the bridge was
constructed parallel to Sixth Street (Busti) along the eastern edge of the park, impacting the park itself, the park entrance, and Sixth
Street and Porter Avenue as parts of the circulation system of the Olmsted park system.
Major intrusions took place with parkway construction in the early 1950s, followed by Peace Bridge additions in the following decades. At
this point in 2008 the park has been physically affected and diminished on all sides:
On Porter Avenue the historical entrance has been severed by the t920s bridge access drive and by Baird Avenue, disrupting Olmsted's
circulation system. The South side of the park has been altered by the non - historical new entrance and entrance drive. The southeast
corner has been cut off by access ramps to 1 -190 and Peace Bridge.
On the West, a significant section of the park boundary has been taken by access ramps to the bridge. The 1 -190 thruway adds
additional noise and visual intrusion and exhaust pollution along the bed of the old Erie Canal, as well as across the northwest corner of
the original park. The historic vista of the lake has been blocked by access ramps to the bridge, mad by the truck traffic on exit ramp B,
providing constant intrusion into the view of the lake from the Plaza in the park.
On the North, the original park boundary was on the line of the northern edge of Vermont Avenue extended. A significant section of this
part of the park has been taken for the multi -lane entrance ramp to the bridge, a parking area and a section of the building north of that,
and pair of the entrance plaza on what was originally the northwest corner of the park. Entering truck traffic is in full view from much of the
northern end of the current park.
Impacts of Proposed new Peace Bridge and Plaza
The proposed construction related to the new Peace Bridge and Plaza will for the most part mark a continuation and intensification of the
encroachments on the historic park and park system that have been going on for over a century. The principal effects will be increased
visual and noise pollution, particularly relating to traffic on exit ramp B that intrudes on the vista over Lake Erie from the park. There will
also be an undesirable increase of traffic of 1 the ramps at the southwest corner of the park, and on Porter Avenue. This traffic will
interfere with access to any extension of the park system, via Porter Avenue, to the lakefront. Increased traffic in these areas will have an
as yet unassessed but potentially deleterious effect on the health of park users.
The proposed expansion of the bridge plaza will disrupt the neighborhood in the region of old Fort Porter, resulting in demolition of
sections of the neighborhood mid continuing that decline of the quality of the neighborhood began when the amenity of proximity to the
park and fort, and views of the lake and Niagara River, were disturbed by construction of the Peace Bridge c. 1927. The impact on the
neighborhood will also have an adverse effect on the park itself, as well as on the historic complex of residences and park land of which it
is a part. Olmsted intended for the Front /Fort Porter area of public open space to have a positive effect on the adjoining neighborhood that
would improve property values, quality of life, and appreciation of the park.
The recent removal of one of the bridge access roads across the eastern end of the park, and the imminent removal of Baird Avenue from
the park, will be improvements: but they are Simply the removal of historical intrusions and alienation of parkland that was harmful to the
park and were unfortunate misuse of public park space in the first place. III order for the expansion of the bridge and plaza to be minimally
acceptable, other historical intrusions should be abolished.
Most important, exit ramp B should be moved so that it, and the traffic on it, is not visible from the Plaza or ball field area of Front Park
Second: access ramps to I -190 should be removed from the historic park, and southbound traffic on I -190 should not be allowed to use
Porter Avenue for accessing the bridge. Porter Avenue should be developed as an extension of the tree -lined street system that Olmsted
planned for access to his parks, as the city develops increased public access to the lakefront - -for which Porter Avenue is a desirable and
historical access route.
Third: included in the removal of Baird Avenue should be restoration of the historic entrance to Front Park, and the removal of the
nonhistoric entrance from Porter Avenue.
Fourth: The original western edge of Front Park should be reclaimed for park use. Over time, as recovery of the lakefront for public use
continues, it is desirable that the noise, sight and exhaust pollution of traffic between the park and the lake be reduced and eventually
eliminated.
Fifth: The original northern boundary of the park, which was in line with the northern edge of the Vermont Avenue right of way, should be
recovered and the area reclaimed for park uses. All sunken access ramps, parking, and other Peace Bridge infrastructure should be
moved north of that boundary.
Sixth: Sheriden Drive with its vista of the lake and Niagara River and new Peace Bridge, should be reclaimed for public access and
enjoyment, and connected, as historically, to the concourse plaza in Front Park.
Relevant to nos. 5 and 6 above is the question of removal of the Peace Bridge plaza structures from view from Front Park. The current
proposal to build a berm and wall system to achieve this result is not desirable in its present conception. First, the berm should not be
constructed on the area of the historic park: it should use Fort Porter land, not that of the park. It has no historical standing and should not
be intruded on a historic Olmsted park. Second, as presently presented, such a berm is little more than a highway view - and -sound
screen. It has no relation to this historic park or to Olmsted's treatment of park space, and has the appearance of an engineering feature.
Any such feature in that place must have a far more sympathetic relation to the Olmsted park it abuts.
A final consideration has to do with the adequacy of the Peace Bridge Authority's consideration of alternatives. The evidence I have
examined thus far does not convince me that there has been adequate consideration of
a) an alternate site for the bridge, or access to and plazas for it that would permit recovery for public park use of the entire
Front Park and Fort Porter, along with improved access by the public to the lakefront;
b) reducing the impact on From Park of the visual, noise, and exhaust pollution of the Peace Bridge plaza by measures
appropriate for an historic Olmsted park, while restoring the historic public access to Sheriden Terrace for viewing the lake and river;
c) removal of exit ramp B and restoration of the view of Lake Erie and the Niagara River from the concourse in Front Park;
d) exclusion of Peace Bridge traffic, and potentially 1 -190 traffic as well, from Porter Avenue in order to preserve the avenue at
Front Park primarily for recreational traffic using the park and parkland on the lakefront.
Conclusion: it is not only the new impacts on Front Park and Fort Porter and the historical experience of them that need to be considered,
but also the extent to which decisions made at this point will make it more difficult in time to come to undo the damage that has been done
to the park. In a time such as this, when many cities with Olmsted parks are making significant efforts to restore and strengthen their
legacy of the amenity of those parks, and when Buffalo and many other cities are moving to reclaim their waterfronts and remove the
highways that cut the cities off from their lakes, rivers, and harbors, there is a need for comprehensive longterm planning. The
transportation planning that destroyed much parkland in the 1950s and 1960s should not be perpetuated when solutions can be found
that will facilitate recovery of those parks rather than making that recovery more difficult.
Charles E. Beveridge
June 24, 2008
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 22
T. HERRERA - MISHLER -PEACE BRIDGE /FRONT PARK' SECTION 4(F) COMPLIANCE
Dear Mr. Hitt and Mr. Davies:
On behalf of the Buffalo Olmsted Parks Conservancy (the "Conservancy "), I am writing 1 o outline a number of concerns with the recently
issued Section 106 Memorandum of Agreement ( "MOA') on the Peace Bridge project ( "the Project "), particularly as the MOA relates to
the Conservancy's concerns regarding the relationship between the MOA and the expected forthcoming Final Environmental Impact
Statement ( "FEIS ").
As you are aware, the Conservancy has, since de inception of the Project, commented formally and extensively on the proposed design of
the Project, as well as on the adverse and unmitigated impacts that the Project -- as proposed -- would have on Frederick Law Olmsted's
Front Park and the historic resources in the Front Park vicinity. On multiple occasions over the past three years, the Conservancy has
expressed its particular concern as to the adequacy of the proposed mitigation measures for both minimizing the impact of the ramp
design scheme on Front Park, and ensuring the restoration of Front Park following the removal of Baird Drive. The Conservancy has long
maintained that there are legible and prudent alternatives to the current Ramp B scheme, and has observed that FHWA is legally required
to consider such alternatives pursuant to Section 4(0 of the Department of Transportation At1 (49 U.S.C. § 1653) and its associated
regulations (23 C.F.R. § 774 et seq.),
The Conservancy appreciates the efforts of the FHWA to work with interested parties to develop a design for the Project that meets the
requirements of the FHWA while adequately responding to community concerns. The Conservancy was pleased to note in FHWA's June
17, 2010 cover letter to the MOA that "FHWA, in coordination with PBA and NYSDOT, is currently exploring design modifications and
refinements to further minimize effects on historic properties, including potential modifications to relocate Ramp B under 1 -190 (emphasis
supplied). The Conservancy was further encouraged to note that FHWA stated that, as to these potential modifications to Ramp B, "No
decision has been made at this time (emphasis supplied), but that "[I] the event of future modifications to the Project scope, ell design
changes will be disclosed if and when such changes are made and FHWA, in coordination with the SHPO, ACHP, PBA, and NYSDOT,
will determine appropriate steps in compliance with Section 106."
Nevertheless, the Conservancy -- although a consulting party in the Section 106 process declined to sign the MOA, since the
Conservancy found the careful and limited scope articulated by the MOA cover letter to be inconsistent with the sweeping and overly
broad language of the MOA itself. FHWA's unambiguous statement that "no decision" has yet been made on potential modifications to
the Ramp B scheme concedes that a final decision -- either adopting or rejecting such modifications -- has yet to issue from FHWA. The
Conservancy thus found it troubling to discover that the, June 17, 2010 MOA, far from reflecting the limited scope professed by its
accompanying cover later, is drafted as constituting the final MOA on the Project, pertaining to all historic properties within the APE
( "NOW, THEREFORE, the FHWA, ACHP, SHPO, PBA, and BIYSDOT agree that the Project shall be implemented in accordance with
the following stipulations in order to take into account the effect of the Project on historic properties, MOA, at 4 (emphasis supplied).
Despite the express concession that Front Park is a "historic propert[y] within the APE" (MOA, at 2), however, the MOA itself
conspicuously avoids any mention of any proposed actions or efforts of FHWA to mitigate the inevitable impacts of the Project on
Front Park, including the physical historic restoration of Front Park itself following the removal of Baird Drive. While the Conservancy
acknowledges that the FHWA's May 12, 2009 Adverse Effect Determination states that "the historic integrity of Front Park is not
adversely affected under Section 106 by proposed changes to the urban residential setting," the Conservancy continues to strenuously
disagree with this conclusion (See Letter of the Conservancy to Robert M. Davies and Daniel P. Hitt, June 19. 2009), and continues to
expect that FHWA will engage in further Section 106 consultation with all consulting parties to support its final decision on the ramp
design (whatever that final decision may be) as well as its final decision concerning mitigation measures pertaining to the removal of
Baird Drive. The Conservancy also concurs with the August 11, 2010 letter of the National Trust
for Historic Preservation, which observes that the MOA was both promulgated without regard for the consultation requirements of Section
106, and fails to reflect any requisite effort on the part of FHWA to avoid or minimize adverse effects on historic properties and
neighborhoods: or adequately identify the elements of the Project that will harm historic properties and neighborhoods.
11. SECTION 4(F) REVIEW
In light of the failure of the Section 106 MOA to address key issues pertaining to the impact of the Project on Front Park, the Conservancy
is greatly concerned that the FHWA intends to utilize the June 17, 2010 MOA as its conclusive findings for purposes of Section 4(1)
review in the forthcoming FEIS. Moreover, the MOA only heightened the Conservancy's concerns about the approach that FHWA intends
to adopt in its Section 4(0 review, particularly in light of FHWA's previous stated intent to make a finding that the Project's Section 4(0
impacts on Front Park were de minimis. While an October 8, 2009 letter from FHWA Senior Attorney Ken Dymond to the Conservancy
subsequently suggested that such a finding was merely intended to be "preliminary," this clarification came only after the Conservancy
expressly objected to the FHWA's intent in this regard. For the reasons articulated below, the Conservancy believes that as a matter of
law, the Section 4(f) standards cannot be met by the MOA alone, and that the Section 4(f) impacts of the Project are certainly not "de
minimis" by any reasonable measure. The Conservancy believes that significant substantive efforts on the part of FHWA are required
before FHWA can issue a legally- sufficient Section 4(f) review as part of its FEIS on the Project.
A. The Legal Standard of Section 4(f)
As FHWA is aware, because Front Park is both a site of historic significance and a public park, the mandates of Section 4(f) are clear:
FHWA is prohibited from approving project that requires the use of any "public park" or "historic site" unless "there is no feasible and
prudent alternative to the use of such land" and "such program includes all possible planning to minimize harm to such part, or historic
site resulting from such use." 23 U.S.C. § 138.
Should FHWA fail to address 4(f) issues adequately, FHWA leaves the FEIS open to legal challenge for failure to demonstrate the absence
of a feasible and prudent alternative, and failure to demonstrate that the proposal includes all possible planning to minimize the harm and
mitigate impacts. See e.g. Citizens to Preserve Overton Park v. Volpe. 401 U.S. 402 (1971); Coalition Against a Raised Expressway, Inc. v.
Dole, 835 F.2d 803 (11th Cir. 1988). In order to find an alternative "not prudent" under Section 4(f), FHWA must find that the alternative
presents "unique problems" -- in other words, that there are "truly unusual factors present," or that the "cost or community disruption"
resulting from the proposed alternative would reach "extraordinary magnitudes." Citizens to Preserve Overton Park at 413. Moreover, it is
clear that Section 4(f) is significantly more expansive in its substantive requirements than is Section 106. While Section 106 review is
limited to adverse impacts on historic properties, Section 4(f) requires mitigation of adverse impacts on public parkland in general,
regardless of the historic nature of the specific property itself.
FHWA's own guidance (Section 4(f) Policy Paper (2005)) further states that it is "essential" that the Section 4(f) analysis include "the
location and design alternatives that would avoid the use altogether or minimize the use and harm to the 4(f) land; analysis of impacts of
avoidance and Section 4(f) use alternatives; and all measures to minimize harm, such as design variations, landscaping and other
mitigations." Policy Paper at 3. Furthermore, FHWA guidance is clear that the decision of FHWA in this regard is not discretionary: "if
there is a feasible and prudent alternative that avoids the use of a 4(f) resource, among alternatives that use a 4(f) resource, the
alternative that must be selected is the one that avoids the 4(f) resource." Id. at 5 (emphasis supplied).
B. Procedural Issues Relating to Section 4(f) and Front Park
There is little doubt that the adverse impacts of the Project on Front Park constitute a "use" for the purpose of Section 4(f). Land that is
used or designated as a public park is presumed significant for Section 4(f) purposes unless explicitly determined otherwise by the
appropriate federal or local officials, Arlington Coalition on Transp. v. Volpe, 458 F.2d 1323 (4th Cir. 1972)
First, the removal of Baird Drive from Front Park -- as a part of the broader proposal to reconfigure traffic patterns relating to the Peace
Bridge -- constitutes a direct "use" of the park itself, and such removal without associated restoration of the historic park land on which
Baird Drive is situated indisputably constitutes a direct use of a Section 4(f) resource. Second, "harm" to Section 4(f) resource
encompasses not only direct use of park land, but "noise, air pollution and general unsightliness," D.C. Federation of Civic Associations
v. Volpe, 459 F.2d 1231, 1239 (D.C. Cir. 1971). Such "constructive uses" are clearly present at Front Park. See also e.g. Allison v.
United States Dep't of Transp. 908 F.2d 1024, 1028 (D.C. Cir. 1990) (holding that for the purpose of Section 4(f), noise that is
inconsistent with a parcel of land's continuing to serve its recreational, refuge, or historical purpose constitutes a "use" of that land); Davis
v. Miriam, 302 F.3d 1104 (10th Cir. 2002) (same). Courts have also found constructive uses for Section 4(f) purposes when a project is
within close proximity to a park resource. See Coalition Against Raised Expressways. Inc. v. Dole, 835 F.2d 803 (11th Cir. 1988) (on-
ramp within 43 feet of 4(f) resource is constructive use); Stop H -3 Ass'n v. Coleman, 533 F.2d 434 (9th Cir. 1976) (highway within 100-
200 feet of 4(f) resource is constructive use); City of S. Pasedena v. Slater, 56 F. Supp. 2d 1106 (C.D. Cal. 1999) (highway within 15 feet
of a historic district is constructive use).
The Conservancy also believes that as a matter of law, FHWA is precluded from conducting an adequate alternatives analysis under
Section 4(0 until all of the potential Section 4(t) impacts on relevant properties within the APE -- including Front Park -- are identified. In
Corridor H Alternatives. Inc. v. Slates, 166 F.3d 368 (D.C. Cir. 1999), the D.C. Circuit rejected an attempt by FHWA to issue a Record of
Decision (ROD) prior to completing its requisite Section 106 review, holding that FHWA had failed to comply with Section 4(f) by
deferring these reviews until after the issuance of the ROD. Id. at 371 -73. Similarly, FHWA has expressly conceded here in its cover
letter to the Section 106 MOA that "no decision has been made at this time" as to potential modifications of Ramp B, thus indicating that
not all alternatives have yet been fully contemplated. In light of the acknowledged inchoate nature of FHWA's approach to the Ramp B
alignment, the Conservancy believes it would be exceptionally inadvisable for FHWA to issue a Section 4(f) finding before the Ramp B
alignment (and any attendant additional Section 106 issues) have been satisfactorily resolved. Any FEIS issued prior to such resolution
would be premature, as a supplemental FEIS would inevitably be required once an affirmative decision regarding Ramp B is been
reached. See also North Idaho Community v. U.S. Dept. of Transp.,545 F.3d 1147, 1159 (9th Cir. 2008) ( "[B]ecause the § 4(f) evaluation
cannot occur until after the § 106 identification process has been completed, the § 106 process necessarily must be complete by the time
the ROD is issued. ").
C. Substantive Issues Relating to Section 4(0 and Front Park
As a substantive matter, FHWA has failed to date to demonstrate that there is "no feasible and prudent alternative" to its
preferred Ramp B option, or that its preferred proposals for Ramp B minimize the harm to Front Park to the extent required under Section
4(0, First, there has been no serious consideration by FHWA to this point as to alternative locations for the Project entirely, or an
explication of the reasons for why the Project is required to be of the size and scope currently proposed, "[A]n agency may not define the
objectives of its actions in terms so unreasonably narrow that only one alternative from among the environmentally benign ones in the
agency's power would accomplish the goals of the agency's action, and the EIS would become a foreordained formality."
Against Burlington. Inc. v. Busey. 938 F.2d 190, 196 (D.C. Cir. 1991). Nor is this an instance in which the alternative proposed by the
Conservancy -- depressing Ramp B "does not effectuate the project's purposes" and is thus, "by definition, unreasonable, and need not
be evaluated in detail under 4(f)." City of Bridgeton v. Federal Aviation Administration 212 F.3d 448, 461 (8th Cir. 2000). To the contrary,
the alternative ramp scheme supported by the Conservancy and other groups is eminently reasonable: it would clearly effectuate the
overall purposes of the Project to improve traffic efficiency relating to egress from the Peace Bridge, yet would simultaneously avoid
creating a substantial detriment to Front Park and its users:
Second, harm minimization requires FHWA to consider alternatives that result in a "less or less- drastic use of a Section 4(f) resource."
Merritt Parkway Conservancy v. Mineta 424 F. Supp. 2d 396, 417 (D. Conn. 2006). See Druid Hills Civic Ass'n. Inc. v. Federal Highway
Admin.. 772 F.2d 700, 716 (11 th Cir. 1985) ( "Relocation of the highway through another portion of the section 4(f) area or through other
section 4(f) properties must be considered as a means of minimizing harm. "); Concerned Citizens Alliance, Inc. v. Slater, 176 F.3d 686,
694 (3d Cir. 1999) (same); Policy Paper at 7 ( "Minimization of harm entails both alternative design modifications that lessen the impact on
4(f) resources and mitigation measures that compensate for residual impacts. ") (emphasis supplied). Indeed, as the courts have held,
"[i]n other words, whatever harm cannel be avoided by choosing between construction alternatives should be mitigated by design choices
within the chosen construction option." Merritt Parkway Conservancy, 424 F. Supp. 2d at 417 (emphasis supplied). Unless the
forthcoming Section 4(f) review provides evidence that serious, substantive efforts have been made to develop such harm mitigation with
respect to the impact that Ramp B will have on Front Park, the Conservancy believes that the FEIS will be insufficient as a matter of law.
The Conservancy would further note that the Peace Bridge Expansion Project's Technical Memo of April 10 2009 simply does not rise to
the requisite level of effort in this regard. As the FHWA s own guidance makes clear, finding of 'no feasible and prudent alternative' and
'all possible planning to minimize harm' must be well documented and supported." Policy Paper at 2. Under this standard, the Technical
Memo is entirely inadequate, as it summarily concludes that depressing Ramp B is not a viable option because doing so would create
temporary traffic detours during construction, involve "complexity" in its construction, and require extensive coordination with "various
agencies." The Conservancy need not remind FHWA that compliance with Section 4(f) requires considerably more justification than
articulating a desire to both maximize construction efficiency and minimize the need to coordinate with other relevant parties.
Finally, to the extent that FHWA may believe that the option to depress Ramp B need not be considered under Section 4(f) due to
financial cost, the Conservancy observes that such an finding would be contrary to the existing law. The Supreme Court has held that
FHWA may find an alternative "not prudent" under Section 4(f) only in circumstances when "truly unusual factors [are] present," including
where the "cost or community disruption" resulting from the proposed alternative would reach extraordinary magnitudes." Citizens to
Preserve Overton Park, at 413. FHWA's own guidance states that "the cost of mitigation should be a reasonable public expenditure in
light of the severity of the impact on the 4(f) resource," Policy Paper at 8. The Peace Bridge Expansion Project's Technical Memo of April
10, 2009 concluded that the cost of locating Ramp B over 1 -190 (FHWA's preferred option) to be $10 million, and the cost of depressing
Ramp B to be $30.8 million, a net increase of $20.8 million.
Further, Top H'3 Ass'n v. Dole, 740 F.2d 1442 (D. Haw. 1984) clearly indicates that such a cost differential is immaterial for Section 4(f)
purposes. In Stop H -3 the court found that the increased cost of $42 million.., is not a cost of extraordinary magnitude, especially in light
of the projected total cost of H -3, $386 million." Id. at 1452 (emphasis supplied), in other words, an alternative that increased overall
project costs approximately 11 % was deemed reasonable within the meaning of Section 4(f). By contrast, the Peace Bridge Expansion
Project has an overall estimated cost of between $750 million and $1 billion, meaning that an increase of $20.8 million in project costs
would constitute — at most -- only a 2.7% increase overall. Such a minor increase simply cannot constitute a "cost of extraordinary
magnitude" as that term has been interpreted by the courts. In light of the existing cue law and Peace Bridge's own cost estimates of the
Ramp B alternative, the Conservancy trusts that FHWA will not claim in its Section 4(f) review that the option of depressing Ramp B
constitutes a cost of extraordinary magnitude that removes this alternative from the ambit of Section 4(f).
111. CONCUUSION
In Coalition Against a Raised Expressway, Inc. v. Dole, 835 F.2d 803, 811 (11th Cir, 1988), the Court elegantly articulated the
importance of Section 4(f) in a factual context exceptionally similar to that of Front Park:
While the elimination of the view, the increase in noise and air pollution, and the close location of the highway may not individually
constitute a use; cumulatively they significantly impair the utility of the properties. We understand the government's argument that
downtown Mobile is not an unsullied area; however, a freeway raised seventeen feet in the air and adjacent to these protected properties
would inevitably have a further adverse impact on the sites.
Unlike many other environmental statutes, Section 4(f) "imposes a substantive mandate on the Administration." City of Alexandria v.
Slater, 198 F. 3d 862, 871 (D.C. Cir. 1999). The Conservancy expects that the Section 4(f) review contained in the forthcoming FEIS will,
in both procedure and substance, meet the "stringent mandates" required by law. See Davis v. Mineta, 302 F.3d 1104, 1121 (10th Cir.
2002); Save Our Heritage, Inc. v. Federal Aviation Administration. 269 F.3d 49, 59 (1 st Cir. 2001) ( "Section 4(f)... is even more stringent
[than NEPA and NHPA] where it applies. ")
The Conservancy looks forward to working with FHWA and NYSDOT to develop a mutually satisfactory resolution to the Section 4(0
issues concerning both Ramp B and the restoration of the parkland occupied by Baird Drive, and would welcome the opportunity to
discuss this matter further at your convenience.
Sincerely,
Douglas M. McGarrah
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 23
J. PAJAK -INFO REQUESTED BY COUCILMEMBERS AT CAPITAL BUDGET IMP. WORSHOP
Information requested by Common Council Members at the Capital Improvement Program Budget Workshop
Dear Mr. Chwalinski:
Please file the attached information submitted to our staff by email by the Department of Audit and Control, in response to questions
raised by Common Council members at the CIP Workshop referenced above.
Thank you, for you r assistance in this matter.
Sincerely,
James S. Pajak
Common Council Chief of Staff
Copy available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO 24
A. SCHINELLER- APPEAL PRESERVATION BOARD DECISION REGARDING 888 MAIN STREET
To Whom It May Concern:
I would like to appeal the Preservation Boards decision regarding The Eights Bistro located at 888 Main St. We want to put up a fixed
wedge shaped awning across the front of the building with graphics on it. This design will provide much needed protection and
identification.
The preservation Board denied me request and suggested two (2) individual retractable awnings instead. This would provide neither the
protection nor the identification I am looking for.
The previous owner applied for this exact awning in September 2009. At that time the Preservation Board denied his request also. He
then appealed to the Common Council which granted permission to put up the single wedge shaped awning.
The previous owner ended up not opening the business and therefore did not put up the awning. I am asking the Common Council to
approve this appeal like it did in the fall 2009.
Sincerely,
Amelia Schineller
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 25
ABUSE BY THE NFTA TRANSIT AUTHORITIES
I would like to file the attached information for the next Common Council meeting to be held on November 24, 20010.
Thank you.
Brother Taharka 271 Victoria Ave. Buffalo, NY 14214
RE: Abused Once Again
Dear Mr. McKler,
We write today because this is the last straw. Even though the event that I'm about to summarize happened over a week ago, the vision,
the clarity of the vision is like it happened just a few minutes ago. The same as my other two first hand experiences with police abuse of
their authority.
on Tuesday October 26, 1 could have been shot, unarmed, in my own backyard by a NFTA Transit cop. My only crime was driving with a
burned out headlight bulb and refusing to lay face down in the torrential rain in my own backyard. The officer should have stopped me
long before I turned into my driveway as he said he followed me for two blocks. He actually pulled into my driveway after me. Obviously he
was tranquilized by his own fantasies about "cops and robbers" and his perceived "omnipotent authority." When I refused his command
to lay face down in the torrential rain in my own backyard, I didn't realize that he was "beet red" and probably breaking out in a "cold
sweat." (My wife informed of this after.) The officer was scared to death. I had already kneeled on the ground in the rain in my own
backyard; what more did he want from me? Did he wont to strip me of my dignity?
My wife pleaded with him from the porch, "what are doing, what are you doing, he lives here ". She frantically called 922 on him, "he's
going to kill my husband; he's going to kill my husband." Since I wouldn't lay face down in the torrential rain, he ordered me to turn around
and put my hands on the trunk of my car which I did. He finally handcuffed me and placed me in the Transit Police car.
The Buffalo police never showed up, only three or four more Transit Police cars. After my wife's pleading with them, the intervention of
my neighbors, and their police conferences, a different Transit Cop finally removed the handcuffs. The first Transit cop gave me a ticket
for the bad headlight at my own address. (I don't even know if that is legal.) He said "1 could have killed you." Now as if he is doing me a
favor he tells me to plead "not guilty" and he won't Show up to court. What lam I to believe?
when I finally got Out of the police car two other Transit Officers were attempting to justify their partner's treatment of me to my wife. They
told of a You -Tube video of the CPP (Central Park Posse,) which we knew nothing about. I explained to them that everybody that lives in a
high crime neighborhood (virtually the whole so- called inner city of Buffalo) is not a criminal. I explained to them that I was after these self -
proclaimed posses too but from a different premise, I look at them as sons and daughters in despair and gone wild.
Reflecting on this experience and my other first hand experiences of police abuse leads to a conclusion. Reflecting on the countless
brothers and sisters that have been murdered, physically abused, and /or insulted by the police: the Arthur Miller(s), the Eleanor
Bumper(s), the Amadou Diallo(s), the godney King(s), the Louis Gate(s) of the world, I must remind you that police brutality is a real
problem in this country and within this city of "good neighbors" too.
If I empathize with the police, the first thing that they must realize is that they cannot perform their duties in fear. They cannot follow
citizens around and treat them as trespassers in their own homes and communities. Then they want to rip through their personal
belongings looking for contraband that isn't there. They want to cross examine you and act like a dentist ( "open your mouth, do you have
drubs in there ",) instead of communicating like civilized human beings. They have interpreted their badge and gun to mean some kind of
devilish omnipotent God authority summoning you to do things as if you're on the fraternity pledge line.
Obviously the sensitizing training that they received from various "community groups" over the years didn't work. Their training must be
more potent and intense. How about coming to live where I live and walking in my shoes for a spell? getter yet, how about a neighborhood
residency law for police officers? At least they should get out of their armored cars and work around the neighborhood like my daughters
have to do.
I offer this brief summary and reflection because we need a solution. Over the years there have been too many unnecessary lives taken
and too much disruption of ordinary people's daily lives. We cannot accept that these incidents are just casualties of the war on crime but
rather they are a manifestation of racist ideology and discriminatory policies inherent within police departments in this country and their
associates including the NFTA transit cops.
Feel free to respond to me via email at odin— at @aol.com or phone at (716) 715 -3727.
Sincerely,
Brother Taharka
REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT
NO. 26
HOME FRONT CLIENTS PAID FEES
I would like to file the attached information for the next Common Council meeting to be held on November 24, 20010.
Thank you.
Available for Review in the City clerk's Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PETITIONS
NO. 27
R. CIERNIAK, AGENT, REZONING M2 AND M1 TO R3,127 CLAYTON & 2030 ELMWOOD -55 UNIT SENIOR APARTMENT
FACILITY (NORTH)(PUB HRG 12/14)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARDREGULAR
COMMITTEES
PETITION
NO. 28
M. BRINKWORTH & O- REQUEST COUNCIL TO ADOPT BFLO'S COMMUNITY PROTECTIONS FROM NATURAL GAS
EXTRACTION ORDINANCE
The undersigned electors of the City of Buffalo, New York, acting in our capacity as residents of this community with an inalienable right
to local self - governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety
and welfare of this community, to advertise and then adopt "Buffalo's Community Protection from Natural Gas Extraction Ordinance,"
which the People of the City have submitted to the members of their Council.
REFERRED TO THE COMMITTEE ON LEGISLATION
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 29
APPOINT MACHINE OPERATOR (PERM)(INTER)(RUSINEK)(PW)
(COP# 17, 11/16)
Mrs Russell moved
That Communication of 17 of November 16, 2010, be received and
Filed and that the Permanent appointment of Steven Rusiuek of 431
Huntington Ave, Apt 4, Buffalo, NY 14214, at the 3rd Step of
$33,452.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 30
APPOINT PARK UTILITY WORKER (PROV)(INTER)(LEONARD)(PW)
(CCP# 18, 11/16)
Mrs Russell moved
That Communication of 18 of November 16, 2010, be received and Filed and that the Provisional appointment of Gregory Leonard of 149
Cushing Place, Buffalo, NY 14220, at the 3rd Step of $25,100.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 31
APPOINT LABORER II(EERM)(INTER)(NESPAL)(PKG)
(CCP# 23, 11/16)
Mrs Russell moved
That Communication of 23 of November 16, 2010, be received and
Filed and that the Permanent appointment of Robert Nespal, 720
Tonawanda, NY 14207 at the Intermediate Salary of $25,604.00 is
hereby approved. PASSED
AYES -9 NOES -0
NO. 32
NOTICES OF APPOINTMENTS - TEMP /EROV /PERM(CTY CIK)
CCP# 27, 11/16
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPT
FINANCE
(MICHAEL P. KEARNS, CHAIRPERSON)
NO. 33
AGREEMENT WITH KLEINHAN'S MUSIC HALL MANAGEMENT, INC. (ITEM NO. 21, C.C.P., NOV. 16, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That the Mayor be, and he hereby is authorized to renew the agreement with Kleinhan' s Music Hall Management, Inc. for the period of
July 1, 2010 through July 1, 2011 All other terms and condition of said agreement entered into September 1, 2009 shall remain the same.
PASSED
AYES -9 NOES -0
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRPERSON)
NO. 34
R. FONTANA -INFO ENERGY SAVINGS FROM NEW BFLO IMPACT
( #78, 6/23)( #34,5/12)( #62,6/9)
That the above item be the same and hereby is Received and Filed.
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRPERSON)
NO. 35
B. BAUMKER, PETITION TO USE 399 LOUISIANA - ERECT TWO POLE SIGNS
AND PLACE THREE WAILS SIGNS
(ITEM NO. 42, C.C.P., NOV; 16 2010)
That after the public hearing before the Committee on Legislation on November 23, 2010, the petition of B. Baumker, agent, for
permission to use 399 Louisiana for pole signs and wall signs be, and hereby is approved with the following conditions:
1. That only ONE pole sign -- no more than 14 It. total height is permitted.
2. That the wall signs as must be further approved by the City Planning Board.
PASSED
AYES -9 NOES -0
NO. 36
D. LAND, PETITION TO USE 2616 MAIN STREET FOR AN OUTDOOR PATIO
(ITEM NO. 43, C.C.P., NOV. 16 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 37
D. SMITH - HYDRAULIC FRACTURING ( #37, 11/16)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 38
RESTAURANT DANCING CLASS IV - 3144 MAIN STREET
(ITEM NO. 35, C.C.P., NOV. 3 2010) (ITEM NO. 77, C.C.P., NOV. 16 2010)
Mr. Golombek moved that the above item be re, committed to the Committed on Legislation
ADOPTED
NO. 39
FOOD STORE LICENSE - 1358 BROADWAY
(ITEM NO. 27, C.C.P., NOV. 3 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be re, committed to the Committeo on Legislation
ADOPTED
NO. 40
FOOD STORE LICENSE - 684 LASALLE
(ITEM NO. 30, C.C.P., OCT. 19, 2010) (ITEM NO. 74, C.C.P., NOV. 3, 2010)
That the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is directed to deny the Food Store
License application of Ali M.
Al Baagri located at 684 LaSalle d /b /a Peters Food Mart II, as a result of a history of police calls and incidents at said location under prior
ownership, stemming from persistent criminal and drug activity at said comer and the market serving as a gathering place for such
activities.
DENIED
BY MR. FRANCZYK
NO. 41
APPOINTMENTS TO THE COUNCIL MANAGER TASK FORCE
Whereas: On November 16, 2010, on the recommendation of its Legislation Committee, this Honorable Body adopted the second and
third resolves of the following Resolution:
"Council Manager form of Government for the City of Buffalo"
(Res. 105, Sept 30, 2008); and
Whereas: Pursuant to the adopted second resolve of the above cited resolution, the Common Council recommended that the President of
the Common Council develop a listing of individuals to serve on a Council- Manager Task Force, requesting such names from various
elected officials and organizations such as the Center for Governmental Research; Syracuse University's Maxwell School of Citizenship
and Public Affairs; the Mayor of the City of Buffalo; the International City /County Management Association; the New York State
City /County Management Association; the Buffalo Niagara Partnership; and other groups; and
Whereas: Pursuant to the adopted third resolve of the above cited resolution, the President of the Common Council shall submit a list to
this Honorable Body, from which 9 to 11 individuals would be selected to serve on the Council- Manager Task Force, with the
understanding that this Task Force will prepare a detailed report to the Common Council by a certain date, which was originally
envisioned to be around January 1, 2009; and
Whereas: Because the above cited resolution was not adopted by the Common Council until November 16, 2010, it is understood that a
new time frame will need to be developed for the Council- Manager Task Force to furnish their report to this Honorable Body; and
Whereas: Peter A. Reese, who currently resides at.49 Starin Avenue in the City of Buffalo, is a local attorney and activist who has
expressed an interest in serving on the Council- Manager Task Force; and
Whereas: Sam Iraci, who currently resides at166 Nicholson Street in the City of Buffalo, is a former City Manager for the City of Elmira,
NY who has expressed an interest in serving on the Council- Manager Task Force.
Now, Therefore, Be It Finally Resolved:
That Peter A. Reese, who currently resides at 49 Starin Avenue, Buffalo, NY 14214, and Sam Iraci, who currently resides at 166
Nicholson Street, Buffalo, NY 14216, shall immediately be appointed to serve as members of the Council- Manger Task Force.
ADOPTED
1- YdLVi1:411111a:7e10 "/
NO. 42
NIAGARA DISTRICT APPOINTMENT TO THE POLICE REORGANIZATION COMMISSION
Whereas: The Common Council recently adopted resolutions that called for the empanelment and empowerment of a Joint Commission
to Examine Police Reorganization to review the organizational structure of the Buffalo Police Department, evaluate its strengths and
weaknesses, and develop a plan to reorganize the Buffalo Police Department in a way which balances the need to efficiently use
personnel and equipment with the responsibility to keep neighborhood residents safe and maximize community policing; and
Whereas: At this time, a number of appointments to the Joint Commission to Examine Police Reorganization currently remain unfilled;
and
Now, Therefore Be It Resolved:
That I hereby submit the name of the following person to serve as a Common Council appointment on the Joint Commission to Examine
Police Reorganization (current members and new appointment appear below):
Council Appointments
Appointee Appointee
• Delaware District:
H. Wayne Gerhart
Richard Raines
86 Cleveland
220 Wellington Rd.
• Ellicott District:
James J. Sobol
Lesley Haynes
18 Michael's Walk
155 Prospect Ave
• Fillmore District:
Joseph Mascia
Darnell Jackson
47 Marine Drive Apt 4 -E
28 Barthel
• Lovejoy District:
Anthony LeBrun
Cliff Braxton
1847 South Park Ave.
85 Kerns
• Masten District:
To be Determined
To be Determined
• Niagara District:
Terry O'Neill
H. McCarthy Gibson
102 Willett Street
• North District:
To be Determined
To be Determined
• South District:
Thomas Higgins
Richard Donovan
347 Whitfield
57 Susan Lane
• University District:
Linwood Roberts
Ricky M. Allen, Sr.
296 Highland Parkway
191 Roosevelt Ave.
PBA Representatives:
Robert Meegan, Jr. (or his designee)
Sean O'Brien
74 Franklin
74 Franklin
Police Commissioner:
Ex- Officio (or his designee)
Mayoral Appointments:
To be Determined
To be Determined
To be Determine
To be Determined
ADOPT
1- YdLVi1:411111a:7e10 "/
NO. 43
NORTH DISTRICT APPOINTMENTS TO THE POLICE REORGANIZATION COMMISSION
Whereas: The Common Council recently adopted resolutions that called for the empanelment and empowerment of a Joint Commission
to Examine Police Reorganization to review the organizational structure of the Buffalo Police Department, evaluate its strengths and
weaknesses, and develop a plan to reorganize the Buffalo Police Department in a way which balances the need to efficiently use
personnel and equipment with the responsibility to keep neighborhood residents safe and maximize community policing; and
Whereas: At this time, a number of appointments to the Joint Commission to Examine Police Reorganization Currently remain unfilled;
and
Now, Therefore Be It Resolved:
That I hereby submit the names of the following persons to serve as Common Council appointments on the Joint Commission to Examine
Police Reorganization (current members and new appointments appear below):
Council Appointments Appointee Appointee
• Delaware District: H. Wayne Gerhart Richard Raines
REFUNDING BOND RESOLUTION $77,000,000 BONDS REFUNDING
OF 1999, 2001, AND 2002 OUTSTANDING BONDS
Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding bonds of
said City, stating the plan of financing, appropriating an amount not to exceed $77,000,000 therefor, authorizing the issuance of
$77,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain
determinations all relative thereto.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two -
thirds of all the members of said Common Council) as follows:
Recitals
Whereas, the City of Buffalo, New York (herein called "City "), has heretofore issued: on February 25, 1999 its $45,758,000 General
Improvement Serial Bonds-1 999-A (herein called the "1999 -A Bonds "), now outstanding in the principal amount of $12,860,000; on May
3, 2001 its $28,686,000 General Improvement Serial Bonds-2001 -A (herein called the "2001 -A Bonds "), now outstanding in the principal
amount of $8,490,000 and its $11,100,000 School Serial Bonds-2001 -B (herein called the "2001 -B Bonds "), now outstanding in the
principal amount of $5,670,000; on December 27, 2001 its $34,000,000 School Serial Bonds-2001 -D (herein called the "2001 -D Bonds "),
now outstanding in the principal amount of $19,875,000; on May 16, 2002 its $23,825,000 General Improvement Serial Bonds - 2002 -A
(herein called the "2002 -A Bonds "), now outstanding in the principal amount of $8,325,000, its $34,250,000 School Serial Bonds - 2002 -13
(herein called the "2002 -B Bonds "), now outstanding in the principal amount of $22,140,000, and its $21,310,000 Parking Serial Bonds -
2002-C (herein called the "2002 -C Bonds "), now outstanding in the principal amount of $12,935,000; and such bonds bearing interest at
the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and
Whereas, Section 90.10 of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (herein
called "Law "), permits the City to refund all or a portion of the outstanding unredeemed maturities of such bonds by the issuance of new
bonds, the issuance of which will result in present value debt service savings for the City;
now, therefore,
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two -
thirds of all the members of said Common Council) as follows:
Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context:
a. "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding 1999 -A Bonds, 2001 -A Bonds, 2001 -B
Bonds, 2001 -D Bonds, 2002 -A Bonds, 2002 -B Bonds, and 2002 -C Refunding Bonds of the City of Buffalo, New York.
b. "Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10
hereof.
c. "Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof.
d. "Present Value Savings" means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting
the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof
to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest
cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi - annual interest rate (compounded semi - annually),
necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the
Refunding Bonds and to the bona fide initial public offering price including estimated accrued interest, or, if there is no public offering, to
the price bid including estimated accrued interest.
e. "Redemption Date" means February 1, 2011 for the 1999 -A Bonds To Be Refunded, the 2001 -A Bonds To Be Refunded, and the
2001 -B Bonds To Be Refunded, December 15, 2011 for the 2001 -D Bonds To Be Refunded, November 15, 2012 for the 2002 -A Bonds
To Be Refunded, the 2002 -B Bonds To Be Refunded, and the 2002 -C Bonds To Be Refunded.
f. "Refunding Bond" or "Refunding Bonds" means a portion or all of the $77,000,000 bonds of the City of Buffalo, authorized pursuant to
Section 2 hereof.
g. "Refunding Bond Amount Limitation" means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds
To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the
applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption
Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the
Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of
the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof.
Section 2. The Common Council of the City (herein called "Common Council "), hereby authorizes the refunding of all or a portion of the
$90,295,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an
amount not to exceed $77,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance
of not to exceed $77,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay
the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum
86 Cleveland
220 Wellington Rd.
• Ellicott District:
James J. Sobol
Lesley Haynes
18 Michael's Walk
155 Prospect Ave
• Fillmore District:
Joseph Mascia
Darnell Jackson
47 Marine Drive Apt 4 -E
28 Barthel
• Lovejoy District:
Anthony LeBrun
Cliff Braxton
1847 South Park Ave.
85 Kerns
• Masten District:
To be Determined
To be Determined
• Niagara District:
Terry O'Neill
H. McCarthy Gibson
102 Willett Street
• North District:
David Spinda
Susan O'Connor Baird
364 Roesch Ave
85 Meadow Rd
• South District:
Thomas Higgins
Richard Donovan
347 Whitfield
57 Susan Lane
• University District:
Linwood Roberts
Ricky M. Allen, Sr.
296 Highland Parkway
191 Roosevelt Ave.
PBA Representatives:
Robert Meegan, Jr. (or his designee)
Sean O'Brien
74 Franklin
74 Franklin
Police Commissioner:
Ex- Officio (or his designee)
Mayoral Appointments:
To be Determined
To be Determined
To be Determine
To be Determined
ADOPT
NO 44
BY: MICHAEL P. KEAMS:
REFUNDING BOND RESOLUTION $77,000,000 BONDS REFUNDING
OF 1999, 2001, AND 2002 OUTSTANDING BONDS
Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding bonds of
said City, stating the plan of financing, appropriating an amount not to exceed $77,000,000 therefor, authorizing the issuance of
$77,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain
determinations all relative thereto.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two -
thirds of all the members of said Common Council) as follows:
Recitals
Whereas, the City of Buffalo, New York (herein called "City "), has heretofore issued: on February 25, 1999 its $45,758,000 General
Improvement Serial Bonds-1 999-A (herein called the "1999 -A Bonds "), now outstanding in the principal amount of $12,860,000; on May
3, 2001 its $28,686,000 General Improvement Serial Bonds-2001 -A (herein called the "2001 -A Bonds "), now outstanding in the principal
amount of $8,490,000 and its $11,100,000 School Serial Bonds-2001 -B (herein called the "2001 -B Bonds "), now outstanding in the
principal amount of $5,670,000; on December 27, 2001 its $34,000,000 School Serial Bonds-2001 -D (herein called the "2001 -D Bonds "),
now outstanding in the principal amount of $19,875,000; on May 16, 2002 its $23,825,000 General Improvement Serial Bonds - 2002 -A
(herein called the "2002 -A Bonds "), now outstanding in the principal amount of $8,325,000, its $34,250,000 School Serial Bonds - 2002 -13
(herein called the "2002 -B Bonds "), now outstanding in the principal amount of $22,140,000, and its $21,310,000 Parking Serial Bonds -
2002-C (herein called the "2002 -C Bonds "), now outstanding in the principal amount of $12,935,000; and such bonds bearing interest at
the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and
Whereas, Section 90.10 of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (herein
called "Law "), permits the City to refund all or a portion of the outstanding unredeemed maturities of such bonds by the issuance of new
bonds, the issuance of which will result in present value debt service savings for the City;
now, therefore,
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two -
thirds of all the members of said Common Council) as follows:
Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context:
a. "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding 1999 -A Bonds, 2001 -A Bonds, 2001 -B
Bonds, 2001 -D Bonds, 2002 -A Bonds, 2002 -B Bonds, and 2002 -C Refunding Bonds of the City of Buffalo, New York.
b. "Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10
hereof.
c. "Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof.
d. "Present Value Savings" means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting
the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof
to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest
cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi - annual interest rate (compounded semi - annually),
necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the
Refunding Bonds and to the bona fide initial public offering price including estimated accrued interest, or, if there is no public offering, to
the price bid including estimated accrued interest.
e. "Redemption Date" means February 1, 2011 for the 1999 -A Bonds To Be Refunded, the 2001 -A Bonds To Be Refunded, and the
2001 -B Bonds To Be Refunded, December 15, 2011 for the 2001 -D Bonds To Be Refunded, November 15, 2012 for the 2002 -A Bonds
To Be Refunded, the 2002 -B Bonds To Be Refunded, and the 2002 -C Bonds To Be Refunded.
f. "Refunding Bond" or "Refunding Bonds" means a portion or all of the $77,000,000 bonds of the City of Buffalo, authorized pursuant to
Section 2 hereof.
g. "Refunding Bond Amount Limitation" means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds
To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the
applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption
Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the
Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of
the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof.
Section 2. The Common Council of the City (herein called "Common Council "), hereby authorizes the refunding of all or a portion of the
$90,295,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an
amount not to exceed $77,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance
of not to exceed $77,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay
the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum
principal amount of $77,000,000 are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for
the refunding in the form attached hereto as Exhibit A (the "refunding financial plan ") prepared for the City by Sterne, Agee & Leach, Inc.
and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to
an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the City in connection with said refunding
from such proceeds, and the investment of a portion of such proceeds by the Escrow Holder in certain obligations, the principal of and
interest, together with the balance of such proceeds to be held uninvested, shall be sufficient to pay (a) the principal of and interest on the
Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (b) the principal of and
premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each applicable Redemption Date.
Section 3. The $90,295,000 Bonds To Be Refunded referred to in Section 1 hereof are the aggregate unmatured outstanding balances of
seven issues of bonds, each originally issued pursuant to various bond resolutions of the City, adopted on their respective dates. In
accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount not to exceed
$77,000,000 have been allocated to the component issues of the Bonds To Be Refunded, and shall mature in amounts and at dates to be
determined. The Comptroller, the chief fiscal officer of the City, is hereby authorized to approve all details of the final refunding financial
plan not contained herein.
Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The maximum period of
probable usefulness ( "PPU ") of each issue comprising the Bonds to be Refunded, commencing at the date of issuance of the first bond
anticipation notes issued in anticipation of the sale of said bonds, is set forth in the following table:
1999 -A Bonds
Project PPU
Reconstruction Niagara Falls Blvd. 15
Erie Basin Marina - Replacement of Fuel Tank 15
Erie Basin Marina - Rehab. Marina 15
Squaw Island Remediation, Phase I -C
20
Local Match - Reserve- Reconstruction Bridges
20
Local Match Reserve- Reconstruct Roads
15
Infrastructure Improvements
15
Niagara Street Reconstruction
15
Lower West Side /Niagara St. Improvement
15
Elmwood Avenue Project
15
Handicapped Intersection Ramps Construction
10
Reconstruction Polonia Hall
15
Reconstruction Crucial Comm. Ctr.
15
Handicapped Access Improvements
15
Improvements Hennepin
15
King Urban Life Center
15
Expansion Delavan Moselle
15
Roof Replacement- Parkside Lodge
15
Improvements Library- Various
15
Reconstruct Shea's Restrooms
15
Police Reorganization - Facilities Development
15
City Court Reconstruction
15
Cazenovia Ice Rink Reconstruction
15
Replacement of Underground Fuel Tank
15
Shea's Center Modernization
15
Shea's Theater Expansion
15
Restoration Lanigan Fieldhouse
15
Reconstruction South District Bldgs.
15
Reconstruction of Fire Station
15
School #62 Conversion - Phase II
15
Council Chambers Renovation
15
Improvements Zoo Facilities
15
Reconstruction of Apollo Theater
15
Reconstruction Community Centers
15
Construction Urban Arts Center
20
Library Improvements -North Park Branch
15
Northwest CC Improvements
15
City Hall Fire Safety Systems- Standpipe
40
Jefferson Avenue Library Development
15
Kleinhans Music Hall Restoration
15
Community Center Repairs - Seneca Babcock
15
Community Center Repairs - Jubilee Riverside
15
Old First Ward CC Expansions
15
Tosh Collins CC Expansions
15
Cazenovia Park Casino Reconstruction
15
Precinct #11 Rehabilitation
15
Reconstruction Peter Machnica CC
15
Riverside Rink Cooling Tower Replacement
15
Traffic Calming Project
20
Handicapped Access Improvements
15
Friends of the Elderly -Land Acquisition
30
Friends of the Elderly — Expansion
15
Public Parking - Land Acquisition
30
Public Parking — Construction
15
Jefferson Avenue Land Acquisition 30
Renovations Citywide Playground 15
Infrastructure Imp. Main - LaSalle 15
Reconstruction of Apollo Theater 15
Acquisition Land S. Ellicot 50
Improvements to Seneca Babcock CC & Park 15
Reconstruction of Crucial Building 15
Delavan - Moselle Center Expansion -Phase II 15
Allendale Theatre Restoration 15
Alleyway Theatre Roof Replacement 15
North Dist. Waterfront Dev -Tow Path Park Constr 15
North Dist. Waterfront Dev- Riverside Pk Impr. 15
Parking Whrd Facility -Land Acquisition 30
Parking Whrd Facility- Construction of Parking Lot 15
Reconstruction MLK Park 15
2001 A Bonds
Project PPU
Construction of Bailey- Kensington Community Center 20
B District Police Building (Main- Tupper) 20
Construction Bridge Northwest Academy 20
Improvements Citywide Park & Playground 15
Improvements to Hennepin Park -Imp & Equipment 15
Reconstruction of Various Community Centers 15
Renovation of Precinct #11 (C District) 15
Signal Improvements- Various 20
Waterfront Redevelopment (Webster Block)' 30
Local Match Reserve 20
Tosh Collins Center Expansion 15
City Court Reconstruction 15
City Hall Reconstruction 15
Clinton Street Underpass Reconstruction 20
Fire Department HQ Reconstruction 15
Infrastructure Improvements 15
Machnica Center Reconstruction 15
Police HQ Cellblock Improvement 15
Purchase Equipment - Apollo Technology Center 15
Shea's Theater Exterior Restoration 15
HOPE VI Infrastructure - Phase 1
15
Hertel Avenue
14
Michigan Avenue Bridge
19
Marine Midland Arena Infrastructure
24
Hertel Avenue - new money
14
2001 B Bonds
Project
PPU
Heating and Ventilating
20
Electric and Acoustic
20
Handicapped Access
20
P.S. 89 Addition, Planning
20
New Windows, Phase 2
20
New Roof, Traditional
20
Reconstruction, BVTC
20
New Roofs, P.S. 19 & 39
20
2001 D School Bonds
Project
PPU
Partial reconstruction of Various Schools to Implement the
30
District Wide Technology Plan
'Used life of 20 years for amortization schedule
2002 A Bonds
Project
PPU
Handicapped Access Improvements 00 -01
10
Handicapped Access Improvements 00 -01
15
Improvements - Various Fire Stations 99 -00
15
Installation Fire Alarms - Various Libraries 99 -00
10
Restoration of Monuments 99 -00
10
Construction Jefferson Avenue Library 99 -00
20
Reconstruction Main Street (Bailey- Kensington) 99 -00
15
Signal Improvements - Various 99 -00
20
Museum of Science Security /Ventilation 00 -01
10
Historical Society - Electrical Improvements 00 -01
10
Zoo Facilities Reconstruction 00 -01
15
60 Hedley Place (Underground Railroad Site) 00 -01 15
Parkside Lodge Reconstruction 00 -01
15
North Buffalo Community Center Improvements 00 -01
15
Library Reconstruction - Fronczak Branch 00 -01
10
Library Reconstruction - Clinton Branch 00 -01
15
Delaware Park Casino Reconstruction 00 -01
15
Cazenovia Pools Reconstruction 00 -01
15
Kleinhans Main Auditorium 00 -01
15
Auto Impound Roof Improvements 00 -01 10
JFK Center Reconstruction 00 -01
20
South Park Lift Bridge Reconstruction 00 -01
40
Central Park Plaza - Reconstruction Chalmers & Holden 00 -01 15
Elmwood Avenue Reconstruction Phase V (Bryant to North) 00 -01
15
Delaware Park Improvements 00 -01
15
City -wide Park & Playground Improvements 00 -01
15
McCarthy Park Improvements 00 -01
15
LaSalle Park Improvements 00 -01
15
Infrastructure Richmond /Ferry Circle (Reconstr of Streets) 00 -01
15
Infrastructure Improvements - Symphony Circle Lighting 00 -01 10
Purchase of Fire Fighting Vehicles 00 -01 10
Improvements to City Parks & Playgrounds 2001
15
Neighborhood Redevelopment /Clearance Activities 2001
10
City Owned Building Improvements - Citywide 2002 15
Handicapped Access Improvements 00 -01
10
Handicapped Access Improvements 00 -01
15
Improvements - Various Fire Stations 99 -00
15
Installation Fire Alarms - Various Libraries 99 -00
10
Restoration of Monuments 99.00
10
Construction Jefferson Avenue Library 99 -00
20
Reconstruction Main Street (Bailey- Kensington) 99 -00
15
Signal Improvements - Various 99 -00
20
Museum of Science Security /Ventilation 00 -01
10
Historical Society - Electrical Improvements 00 -01
10
Zoo Facilities Reconstruction 00 -01
15
60 Hedley Place (Underground Railroad Site) 00 -01
15
Parkside Lodge Reconstruction 00 -01
15
North Buffalo Community Center Improvements 00 -01
15
Library Reconstruction - Franczyk Branch 00 -01
10
Library Reconstruction - Clinton Branch 00 -01
15
Delaware Park Casino Reconstruction 00 -01
15
Cazenovia Pools Reconstruction 00 -01
15
Kleinhans Main Auditorium 00 -01
15
Auto Impound Roof Improvements 00 -01
10
JFK Center Reconstruction 00 -01
20
South Park Lift Bridge Reconstruction 00 -01
40
Central Park Plaza - Reconstruction Chalmers & Holden 00 -01
15
Elmwood Avenue Reconstruction Phase V (Bryant to North) 00 -01
15
Delaware Park Improvements 00 -01
15
City -wide Park & Playground Improvements 00 -01
15
McCarthy Park improvements 00 -01
15
LaSalle Park Improvements 00 -01
15
Infrastructure Richmond /Ferry Circle (Reconstruction of Streets) 00 -01
15
Infrastructure Improvements - Symphony Circle Lighting 00 -01
10
Purchase of Fire Fighting Vehicles 00 -01
10
Improvements to City Parks & Playgrounds 2001
15
Neighborhood Redevelopment Clearance Activities 2001
10
City Owned Building Improvements - Citywide 2002
15
2002 B Bonds
PPU
Reconstruction /Construction of Schools- Various (JSCB)
2002
-P.S. 89 Addition & Reconstruction BA -58 8,500,000
30
Public School #89 Addition 00 -01 BA51
20
New Library Facilities - Phase 111 00-01 Libraries BA52
20
East District Schools Reconstruction 00 -01 BA53
20
Handicapped Access 00 -01 BA55
20
Telecommunication Improvements 9 %00 Telephone /PA
BA42 10
Reconstruction- Various Schools 99 -00 Theme Schools
BA46 20
Handicapped Access 99 -00 BA -41 20
Reconstruction Various Schools 98 -99 BA39 &40 20
- Handicapped Access BA -39 1,450,000
- Science Labs BA -40 2,300,000
2002 C Bonds
Project PPU
Augspurger Parking Ramp Addition (Land Acquisition)
00 -01 30
Augspurger Parking Ramp Addition (Additions) 00 -01 20
Expansion of Adam Parking Rump 00 -01 15
Section 5. The aggregate amount of estimated Present Value Savings is set forth
in the proposed refunding financial plan attached hereto as Exhibit A, computed in accordance with subdivision two of paragraph b of
Section 90.10 of the Law. Said refunding financial plan has been prepared based upon the assumption that the Refunding Bonds will be
issued in the aggregate principal amount, and will mature, be of such terms and bear such interest as set forth therein. The Common
Council recognizes that the principal amount of the Refunding Bonds, the maturities, terms and interest rates, the provisions, if any, for
the redemption thereof prior to maturity, and whether or not any or all of the Refunding Bonds will be insured, and the resulting present
value savings, may vary from such assumptions and that the refunding financial plan may vary from that attached hereto as Exhibit A.
Section 6. (a) Said $77,000,000 Refunding Bonds shall be sold at private sale, and
the Comptroller, the chief fiscal officer of the City, is hereby authorized to execute a purchase contract on behalf of the City for the sale of
said Refunding Bonds, provided that the terms and conditions of such sale shall be approved by the State Comptroller, and further
providing that
prior to the issuance of the Refunding Bonds the Comptroller shall have filed with the Common Council a certificate approved by the State
Comptroller setting forth the Present Value Savings to the City resulting from the issuance of the Refunding Bonds; (b) in connection with
such sale, the City hereby authorizes the preparation of an Official Statement and approves its use in connection with such sale, and,
further, consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is executed and available
for distribution; and (c) the Comptroller is hereby further authorized and directed to take any and all actions necessary to accomplish said
refunding, and to execute any contracts and agreements for the purchase of and payment for services rendered or to be rendered the City
in connection with said refunding including the preparation of the final refunding financial plan referred to in Section 2.
Section 7. Each of the Refunding Bonds authorized by this resolution shall
contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the City
payable as to both principal and interest by a general tax upon all the taxable real property within the City without limitation as to rate or
amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said
Refunding Bonds and provision shall be made annually in the budget of the City for (a) the amortization and redemption of the Refunding
Bonds to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 8. Subject to the provisions of this resolution and of the Law, and
pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially level or declining annual
debt service, and Sections 50.00, 56.00 to 60.00, 90.10 and 168.00 of the Law, the powers and duties of the Common Council relative to
determining the amount of Bonds To Be Refunded, prescribing the terms, form and contents and as to the sale and issuance of the
Refunding Bonds, and executing any arbitrage certification relative thereto, and as to executing the Escrow Contract described in Section
10 are hereby delegated to the Comptroller, the chief fiscal officer of the City.
Section 9. Prior to the issuance of the Refunding Bonds, the City shall contract
with a bank or trust company located and authorized to do business in this state, for the purpose of having such bank or trust company
act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of the Refunding Bonds, together with all income
derived from the investment of such proceeds. The Escrow Contract shall contain such terms and conditions as shall be necessary in
order to accomplish the refunding financial plan, including provisions for the Escrow Holder without further authorization or direction from
the City, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the
appropriate paying agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the
Refunding Bonds, including the development of the refunding financial plan, and of executing and performing the terms and conditions of
the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on
behalf of the City the notices of redemption authorized to be given pursuant to Section 13 hereof, and (d) to invest the moneys held by it
consistent with the provisions of the refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute a covenant
with the holders of the Refunding Bonds.
843954.1 034772 R S I N D
Section 10. The proceeds, inclusive of any premium, from the sale of the
Refunding Bonds, immediately upon receipt, shall be placed in escrow by the City with the Escrow Holder in accordance with the Escrow
Contract. All moneys held by the Escrow Holder shall be invested only in direct obligations of the United States of America or in
obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall
mature or be subject to redemption at the option of the holder thereof not later than the respective dates when such moneys will be
required to make payments in accordance with the refunding financial plan. Any such moneys remaining in the custody of the Escrow
Holder after the full execution of the Escrow Contract shall be returned to the City and shall be applied by the City only to the payment of
the principal of or interest on the Refunding Bonds then outstanding.
Section 11. That portion of such proceeds from the sale of the Refunding Bonds,
together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Bonds To Be
Refunded, including any redemption premiums, in accordance with the refunding financial plan, shall be irrevocably committed and
pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof
held by the Escrow Holder. The pledge and lien provided for herein shall become valid and binding upon the issuance of the Refunding
Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act. Such
pledge and lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the City
irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to
such pledge and lien, need be filed or recorded.
Section 12. In accordance with the provisions of Section 53.00 and of paragraph
h of Section 90.10 of the Law, the Common Council hereby elects to call in and redeem all the Bonds To Be Refunded which are subject
to prior redemption according to their terms on each applicable Redemption Date pursuant to the final refunding financial plan. The sum
to be paid therefore on each applicable Redemption Date shall be the par value thereof, the accrued interest to each applicable
Redemption Date and the redemption premiums. The Escrow Holder is hereby authorized and directed to cause notice(s) of such call for
redemption to be given in the name of the City by mailing such notice(s) to the registered holders of the Bonds To Be Refunded which are
subject to prior redemption at least thirty days prior to such Redemption Dates. Upon the issuance of the Refunding Bonds, the election
to call in and redeem the Bonds To Be Refunded subject to prior redemption and the direction to the Escrow Holder to cause notices
thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with
the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be
necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from
time to time.
Section 13. This resolution shall take effect immediately subject to approval by the Mayor in accordance with Section 3 -19 of the Charter
of the City of Buffalo.
Introduced:
Attachments available for review in the City Clerk's Office
MESSAGE OF NECESSITY
That Pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct
of the business.
PASSED
AYES -9 NOES -0
NO. 46
BY: MICHAEL J. LOCURTO & DAVID A. FRANCZYK
RE: WAIVE PLANNING BOARD FEES, PRESERVATION BOARD FEES,
AND BUILDING PERMIT FEES FOR THE BUFFALO ZOO RELATING
TO THEIR NEW ENTRY PLAZA AND ARTIC EDEGE PROJECTS
WHEREAS, The Buffalo Zoo is in the process of raising money to fund two new projects, the Entry Plaza project and the Arctic Edge
project; and
WHEREAS, Once completed, the new Entry Plaza will serve as a gathering space for visitors as they embark on their Zoo adventure. A
series of sculptural elements, including a giant globe fountain and an interactive water "map" of the Great Lakes, will introduce the zoo's
organizing theme in a fun, engaging manner. Interpretive graphics will relate Buffalo's water story (i.e. Niagara Falls and hydroelectric
power, the Erie Canal and transportation) while touching on global water usage. A gift shop and care will be accessible to visitors entering
and exiting the zoo, as well as recreational users of Delaware Park. The Entry Plaza will offer a wide range of visitor amenities: ticketing,
membership, zoo information, restrooms, lost and found and an automatic teller machine; and
WHEREAS, The Arctic Edge will be a dramatic new animal habitat focusing on frozen water (snow) and feature polar bears, arctic wolf,
Canadian lynx and bald eagle. A series of snow - capped peaks and rocky outcroppings will serve as a backdrop to the polar bear habitat
while underwater viewing of their salt -water pool will allow visitors to get an up -close look at the bears' playful antics.
WHEREAS, At this time, the Buffalo Zoo has raised the money to pay for the architecture / design of the above referenced projects and
they are requesting that the City waive all Planning Board fees, Preservation Board fees, and Building Permit fees associated with their
Entry Plaza and Arctic Edge projects; and
WHEREAS, It is in the City's best interest to ensure the future viability of The Buffalo Zoo, and by waiving all Planning Board fees,
Preservation Board fees, and Building Permit fees associated with their Entry Plaza and Arctic Edge projects, the City will be helping to
make these projects financially viable thereby strengthening one of our oldest and most important city and regional assets.
NOW, THEREFORE BE IT RESOLVED,
That the Common Council does hereby respectfully request that the appropriate City of Buffalo Departments and Boards waive all
Planning Board fees, Preservation Board fees, and Building Permit fees associated with the Buffalo Zoo's Entry Plaza and Arctic Edge
projects.
BE IT FINALLY RESOLVED
That the City Clerk is directed to send certified copies of this resolution to the Department of Public Works, Parks & Streets; the
Department of Permit & Inspections Services; the Department of Law; the City Planning Board; the City Preservation Board; and all other
relevant City Departments and Boards.
PASSED
AYES -9 NOES -0
NO. 46
SPONSORS COUNCILMEMBER RIVERA AND COUNCIFMEMBER LOCURTO
RE: THE FUTURE OF BUFFALO HOUSING COURT
Whereas The New York State Legislature created the Buffalo Housing Court in 1978 to address the problems associated with
deteriorating housing stock in the City of Buffalo; and
Whereas It is the responsibility of the Chief Judge to assign a Buffalo City Court Judge to serve as the Housing Court Judge; and
Whereas At his request, Buffalo City Court Judge Henry Nowak has been the City Court Judge assigned to Housing Court since 2003;
and
Whereas Prior to Judge Henry Nowak, judges were assigned to Housing Court on a rotating basis, with no single Judge serving for a
prolonged period before rotating to a different court assignment; and
Whereas Under Judge Henry Nowak's leadership, Buffalo Housing Court has undertaken numerous reform measures designed to
improve the court's ability to improve the quality of life for city residents, workers and businesses. These improvements include a
restructuring of the court's intake and scheduling methods to facilitate community participation and feedback, the creation of receivership
programs that allow the court to oversee property repairs and fine collection, as well as the contribution of community liaisons who provide
assistance with case management, research, and communication with neighborhood activists; and
Whereas Henry Nowak was recently elected to the New York Supreme Court, resulting in a vacancy in Buffalo City Court on January 1,
2021; and
Whereas There is concern among city residents that without Judge Henry Nowak's leadership, Buffalo Housing Court will abandon many
of the successful initiatives that were put in place over the past several years. In addition, there is concern that a return to a system
whereby Judges are assigned to Housing Court for a brief stint will not allow for Judges to gain the expertise required to address housing
issues in a successful manner.
NOW, THEREFORE, BE IT RESOLVED
That the Buffalo Common Council does hereby express its support for continuing the numerous reforms Judge Nowak has initiated
during his tenure as Housing Court Judge; and
BEITFURTHER RESOLVED
That Buffalo City Court Judge Thomas P. Amodeo is hereby respectfully requested to appear before a meeting of the Legislation
Committee to discuss the future of Buffalo Housing Court;
AND BE IT FINALLY RESOLVED
That the remainder of the item be referred to the Legislation Committee as a discussion item.
Mr. Fontana moved to excuse Councilmember Russell from the vote, seconded by Mr. Smith
ADOPTED
AYES -8 NOES -0
SPONSOR: MR. DEMONE SMITH
NO. 47
RE: BUDGET AMENDMENTS
Whereas: Article 3 -7 gives the Common Council of the City of Buffalo the duty to adopt the annual operating budget of the City of Buffalo;
and
Whereas: In the City Budget process, the Mayor initially proposed the budget and after review the Council has the opinion to amend the
budget; and
Whereas: There is no law, article or code which dictates a length of time for a review of written budget amendments or technical changes;
and
Whereas: A local law must be laid on the table in its final from at least seven calendar days exclusive of Sunday prior to its final passage;
and
Whereas: In any budgetary process transparency is essential, especially in closed negotiations between the Legislation and Executive
branch; and
Whereas: Final Budget amendments and technical changes should have at least a 48 hour table wait before a final vote to allow for
proper review or inspection of documents by the general public and Council; and
Whereas: Modification of rules and regulations in the adoption of budgetary amendments and technical changes are integral steps in
reform.
There, Be It Resolved:
That all budgetary amendments by the Common Council made during the yearly budgetary process be laid on the table and made
available for assessment at least 48 hours prior to passage excusive of Saturday and Sunday.
REFERRED TO THE COMMITTEE ON LEGISLATION
AYES — FONTANA, GOLOMBEK, HAYNES, LOCURTO, RIVERA, RUSSELL, SMITH - 7 NOES — FRANCZYK, KEARNS - 2
NO. 48
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, December 7, 2010 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, December 7, 2010 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, December 7, 2010 at 1:00 o'clock P.M
Committee on Legislation. Tuesday, December 7, 2010 at 2:00 o'clock P.M.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In 'the
event that there is sufficient time given for notification, it will be provided. In addition, there ma7 be meetings set up whereby the City
Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what
we are made aware
NO 49
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 3:05 pm
GERALD CHWALINSKI
CITY CLERK
Board of Police and Fire Pension Proceedings #10
Office of the Mayor -201 City Hall
November 18, 2010
Present:
Hon. David A. Rodriguez, Acting Corporation Counsel
Gerald Chwalinski, City Clerk
Darryl McPherson, City Auditor
The Journal of the last meeting was approved.
No. 1
1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of November 2010 amounting to $3,740.00 and request
that a check be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes -3. Noes -0.
No
I transmit herewith the Pension Payroll for the Police Pension Fund for the months of November 2010 amounting to $2,815.00 and
request that a check be drawn to the order of the persons named herein for the amounts stated.
Adopted.
Ayes -3 Noes -0.
No. 3
On motion by Mr. Ball the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:02 a.m.