HomeMy WebLinkAbout97-0513
No. 10
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 13, 1997
TASKFORCES
MAYOR AUDITORIUM AND STADIUM TASK FORCE:
Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K.
Lockwood, Rosemarie LoTempio , Corporation
COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee,
Joel A. Giambra Commissioner of Community Development/Designee,
Commissioner of Administration and Finance/Designee,
COMMON COUNCIL President of Development Downtown.
PRESIDENT OF THE COUNCIL
James W. Pitts ERIE BASIN MARINA TASK FORCE: James W.
Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood,
PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public
David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee,
Buffalo Sabres/Aud Club.
MAJORITY LEADER
Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David
Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John
COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan,
Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula
Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of
Olmsted desingee, Commissioner of Parks/Designee,
DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of
ALFRED T. COPPOLA - DELAWARE Community Development/Designee.
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane-
DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry
BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark
ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro,
DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr.
BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P.
KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE: David
REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul
Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna
CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon
Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk,
Bonnie Kane-Lockwood, Members
CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman,
Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron
Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio
Members.
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie
LoTempio , Robert Quintana, Barbara Kavanaugh Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbara A. Kavanaugh
Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray,
Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T.
Coppola, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer,
Byron Brown
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl
a. Perla, Jr.
POLICE REORGANIZATION COMMITTEE: David J.
Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio
CORPORATION PROCEEDINGS
CITYHALL-BUFFALO
TUESDAY,(MAY13,1997)
COMMONCOUNCIL AT2:00P.M.
pole sign with a sign face area of 96 square feet (8' by 12') and
PRESENT - James W. Pitts President of the Council, an overall height of 24 feet.
and and Council Members Brown, Coppola, Czajka, , The site is located in a Cl zone which permits pole
Gray, Helfer, Kavanaugh, Lockwood, LoTempio, Pitts, signs provided that they are approved by your Honorable Body
Quintana, Williams and Zuchlewski - 13. and that they do not exceed 35 square feet in overall area and
18 feet in overall height.
ABSENT -Franczyk - 1. Under SEQR the proposed sign may be considered
a Type II action which does not require further environmental
On a motion by Mrs. LoTempio, seconded by Mr. review.
Czajka, the minutes of the stated meeting held on (April The Planning Board voted to approve the proposed
29, 1997) were approved. sign on the condition that it complies with the height and area
provisions of the C1 zone and that it be located in an
appropriately landscaped base.
FROMTHEMAYOR RECEIVED AND FILED.
NO.1
APPOINTMENTOFMEMBERTOTHE NO.5
BUFFALOMUNICIPALHOUSINGAUTHORITY RITEAIDOFNEWYORKINC.,REQUESTTOERECT
APOLESIGNAT1909SOUTHPARK
Pursuant to the powers vested in me by ITEMNO.89,C.C.P.,4/29/97
Subdivision 2, Section 30 of the Public Housing Law, I The City Planning Board at its regular meeting held Tuesday,
hereby appoint Robert A. Gianadda D.D.S., residing at 90 May 6, 1997 considered the matter captioned pursuant to
Lexington Avenue, Buffalo, New York 14222, as a member of Section 387-19 of the Buffalo Code, Review of Pole Signs.
the Buffalo Municipal Housing Authority. Mr. Gianadda's The applicant seeks to erect an illuminated, accessory
term is effective immediately and will expire October 19, pole sign with a sign face area of 96 square feet (8' by 12') and
1999. He is filling the unexpired term of Anthony M. Marconi. an overall height of 24 feet.
Dr. Gianadda is a practicing dentist for over twenty The site is located in a C2 zone which permits pole
five years. He is the managing partner and chief financial signs. This notwithstanding, the Board felt that the height of
officer of Western New York Dental Group which include the proposed sign was excessive and would have a negative
acquisition and development of the group's four office visual impact on the surrounding urban fabric. Under SEQR
locations. the proposed sign may be considered a Type II action which
Dr. Gianadda served on the BEDC Board and is does not require further environmental review.
an owner and investor of real estate property including a 24- The Planning Board voted to approve the proposed
unit apartment complex. Dr. Gianadda is also active in sign on the condition that its height does not exceed 20 feet
various groups in the Dental field. and that it be located in an appropriately landscaped base.
I hereby certify that the above named individual is RECEIVED AND FILED
fully qualified to serve as a member of the Buffalo Municipal
Housing Authority. NO.6
REFERRED TO THE COMMITTEE ON LEGISLATION. A.DRAPANAS,REQUESTTOCONVERT105
ELMWOODTOATAKE-OUTRESTAURANT
NO.2 ITEMNO.90,C.C.P.,4/29/97
CERTIFICATEOFAPPOINTMENT The City Planning Board at its regular meeting held
Appointment Effective May 23, 1997 in the Executive Tuesday, May 6, 1997 considered the matter captioned
Department, Division of Mayor, to the Position of Account pursuant to Section 511-56 of the Buffalo Code, Elmwood
Clerk, Permanent, at the Maximum Starting Salary of $24,527 Business District, Review of Eating and Drinking Places.
Gretchen M. Hurst, 81 Rebecca Park, Buffalo, New York The applicant seeks to convert a vacant store into a take-out
14207 restaurant. The gross floor area of the proposed restaurant will
REFERRED TO THE COMMITTEE ON CIVIL SERVICE be approximately 800 square feet.
The site is located in the Elmwood Business District
FROMTHEMAYOR-EXECUTIVEDEPARTMENT which considers the establishment of eating and drinking
places to be restricted uses which require the approval of your
FROMTHECITYPLANNINGBOARD Honorable Body. The site is also located in the Allentown
Preservation District. Consequently, any exterior renovations or
NO.3 signage must be approved by the Board. Under SEQR the
WATERGATEII,REQUESTTOPLACE proposed conversion may be considered a Type 11 action
TELECOMMUNICATIONDEVICESAT32HERTEL which does not require further environmental review.
AVENUE The Planning Board voted to approve the proposed
ITEMNO.75,C.C.P.,4/15/97 conversion.
The City Planning Board at its regular meeting held RECEIVED AND FILED.
Tuesday, May 6, 1997 considered the matter captioned
pursuant to Section 511-68 of the Buffalo Code, the Niagara FROMTHECOMPTROLLER
River Coastal Review District.
The applicant seeks to install nine rectangular NO.7
antennas and one microwave dish on the roof of a 13-story CERTIFICATEOFNECESSITY
apartment building. These devices will not exceed the height of TRANSFEROFFUNDS
the penthouse roof line of the building and will be installed on EXEMPTITEMS-RESERVEFORCAPITAL
the side of the building which faces the Niagara Section of the IMPROVEMENTS
Thruway. CAPITALPROJECTSFUND-DIVISIONOFBUILDINGS
Since the site is located in the Niagara Coastal Review District, We, Anthony M. Masiello, Mayor and Joel A. Giambra,
the installation of the telecommunication devices must be Comptroller, do hereby certify, pursuant to Section 42 of the
approved by your Honorable Body. Charter, that it is necessary that the sum of $75,000 be
Under SEQR the proposed work may be considered transferred and reappropriated from the Reserve for Capital
an unlisted action which may be studied through uncoordinated Improvements in Appropriation Allotments - Exempt Items, as
review. set forth below:
The Planning Board voted to approve the proposed The amounts to be transferred are unexpended balances of
installation since it will utilize an existing structure and will have items contained in the budget for the current fiscal year and will
minimal visual impact. not be needed at this time for the purpose for which they were
RECEIVED AND FILED. appropriated.
Dated: Buffalo, NY, April 28, 1997
NO.4 RECEIVED AND FILED
2468GROUPINC.,REQUESTTOERECTAPOLE
SIGNAT492GRANTSTREET NO.8
ITEMNO.88,C.C.P.,4/29/97 MONTHLYOVERTIMEUSAGEREPORT
The City Planning Board at its regular meeting held I am providing the Common Council with an updated version of
Tuesday, May 6, 1997 considered the matter captioned the Monthly Overtime Usage Report as of 4/30/97. This report
pursuant to Section 387-19 of the Buffalo Code, reflects the usage of all City departments to date and projects
the Review of Pole Signs. overtime usage for the entire fiscal year based on current
The applicant seeks to erect an illuminated, accessory, expenditure patterns.
REFERRED TO THE COMMITTEE OF THE WHOLE. FROMTHECOMMISSIONEROFPUBLICWORKS
NO.9 NO.13
CERTIFICATEOFNECESSITY NOTIFICATIONSERIAL#8883
INCREASEDAPPROPRIATION INSTALLNOPARKINGONHERTELAVENUE,NORTH
UNRESERVEDFUNDBALANCE SIDEBETWEENGROVESTREETANDAPOINT45'EAST
VARIOUSDEPARTMENTS OFSUNSETSTREET
GENERALCITYCHARGES NO PARKING - INSTALL
We, Anthony M. Masiello, Mayor and Joel A. Giambra, In conformity with Section 49 of Chapter 479 of the Ordinances
Comptroller, do hereby certify pursuant to Section 41 of the of the City of Buffalo, the City Engineer hereby notifies Your
Charter, that an increase in the sum of $2,369,673 in the Honorable Body of this action supplementing, amending, or
estimates for the fiscal year beginning July 1, 1996 is repealing existing provisions of Chapter 479 of the Ordinances,
necessary in Appropriation Allotments - Various Departments & as stated below, to be effective forty five days after the first
General City Charges to meet a contingency which could not Council meeting at which they appear on the agenda as an item
have been reasonably foreseen when the budget was adopted. business.
The amount of increased appropriation will be met from 100-That that part of Subdivision 23 Section 15 of Chapter 479 of
890-060 - Fund Balance - Unreserved not otherwise Ordinances of the City of Buffalo be supplemented by adding
appropriated for any other purpose. The detail of the thereto the following: NO PARKING
requirements are set forth below: PROHIBITED PORTION OF HIGHWAY PROHIBITED
Dated: Buffalo, NY, May 12, 1997 PERIOD - DAILY
RECEIVED AND FILED.
Hertel Avenue, north side 7:00 a.m. - 10:00 a.m.
FROMTHEPRESIDENTOFTHECOUNCIL between Grove Street and 3:00 p.m. - 6:00 p.m.
NO.10 a point 45' east of Sunset Street
CITYCARSASSIGNEDTOVARIOUSPOLICEThis parking change is being submitted at the request of
PERSONNEL Inspector James J. Degenhart of the Delta District - Buffalo
Attached is a communication which shows city cars assigned Police Department. It is needed to improve traffic movement
to various police personnel. It criticizes the assignment and and pedestrian safety near the new police station house.
uses. NOTIFICATIONSERIAL#8884
Please forward this information to Finance, Administration and NOSTANDINGSCHOOLDAYS-INSTALLONROTHER
Finance and the Police Commissioner for an explanation. AVENUE,EASTSIDEFROMSTANISLAUSSTREETTOA
REFERRED TO THE COMMITTEE ON FINANCE, POINT515'NORTHTHEREFROM
COMMISSIONER OF ADMINISTRATION AND FINANCE NO STANDING - INSTALL
AND THE COMMISSIONER OF POLICE. In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your
FROMTHECOMMISSIONEROFASSESSMENT Honorable Body of this action supplementing, amending, or
repealing existing provisions of Chapter 479 of the Ordinances,
NO.11 as stated below, to be effective forty five days after the first
AUDITINREMACTIONNO30 Council meeting at which they appear on the agenda as an item
RESCINDEDSALES business.
ITEM#11,C.C.P.04/01/97 That that part of Subdivision 22 Section 15 of Chapter 479 of
Your Honorable Body has requested information on what Ordinances of the City of Buffalo be supplemented by adding
methods will be utilized to provide legal notice to all owners and thereto the following: NO STANDING
parties of interest. The Department of Law in CCP 4/29/97 PROHIBITED PORTION OF HIGHWAY PROHIBITED
Item #28 addressed the issue in detail and provided extensive PERIOD
background and explanation. Rother Avenue, east side 8:00 a.m. - 4:00 p.m.
During all the years the foreclosure process has been utilized, from Stanislaus Street School Days
the Department of Assessment has worked with many to a point 515' north therefrom
departments, especially the Department of Law, to resolve This action is being taken to provide a safe area for school
other legal issues and problems as they arose. In the same buses at the request of St. Adalberts school.
manner this department has met with and agreed to assist the REFERRED TO THE COMMITTEE ON LEGISLATION.
Department of Law and the Division of Data Processing in
thoroughly reviewing the affidavit of mailing prior to the list NO.14
being filed in the Erie County Clerk's office. EXTENSIONOFCONTRACT
RECEIVED AND FILED. CITYCONTRACTNO.91872700
WATERMAINREPLACEMENTINJEFFERSONAVE.
NO.12 In accordance with the terms of the contract
OTB-827TONAWANDAST. between the City of Buffalo and Firstrhyme Construction Corp.,
FORGIVENESSTAXARREARS Inc., Contract No. 91872700, Watermain Replacement in
ITEM#83,C.C.P.04/29/97 Jefferson Avenue, the work called for in this contract is
The above item has been referred to this department for scheduled to be completed by January 9, 1997.
comments and recommendations. New York Real Property The contractor has requested an extension of time in
Tax Law (NYRPTL) is very specific on the requirements for this contract due to the winter shutdown and temperature
determining the taxable status of a property and under what requirements for concrete and asphalt work.
circumstances taxes can be canceled. If an owner of property Accordingly, I have granted an extension of time in
makes timely application for an exemption and qualifies the the contract with Firstrhyme Construction Corp., Inc. The new
property is to be exempt for city and school charges to the completion date for this contract is May 30, 1997.
extent allowed by law. RECEIVED AND FILED.
In the case of 827 Tonawanda, assessed to Brady & Burgess
Management Corporation as of 12/31/96 and previously owned NO.15
by Robert Mix, the taxes forgiveness is asked for are from ERIECOUNTYSHERIFF
1995-96 and 1996-97. This would mean that the owner of LOSSOFPARKING
record would have had to apply and qualify for exempt status ITEMNO.77,C.C.P.4/29/97
prior to December, 1994 to be exempt from the 1995-96 city tax The referenced item was referred to the Committee on
and sewer rent. That exempt status would have had to be Legislation and to this office for response.
maintained to avoid taxable status for 1996-97. There was no I recently met with Sheriff Higgins and a representative of
such application for this time period and therefore the taxes Justice Vincent Doyle. My staff is working on a plan to
from those years are valid liens. Regarding valid liens, effectively coordinate the needs of both the Courts and the Erie
NYRPTL is very specific in that forgiveness of any valid lien is County Sheriff. Proper notifications will be filed with Your
considered a gift of public funds and not allowed and the Honorable Body to effectuate these changes.
Department of Law through the years has repeatedly advised RECEIVED AND FILED
this department and your Honorable Body of this fact.
Although this office appreciates the contribution of OTB to the NO.16
City of Buffalo and this area, the Real Property Tax Law does REPORTOFBIDS
not allow for the forgiveness of these valid liens. TIMOTHYJ.BURVIDICERINK
REFERRED TO THE COMMITTEE ON FINANCE. INTERIORPAINTING
I advertised for on April 22, 1997 and received the following
sealed proposals which were publicly opened and read on May Mrs. LoTempio moved:
6, 1997: That the above communication from the Commissioner of
Amherst Painting $21,056.00 Public Works dated April 23, 1997, be received and filed; and
E & M Star Painting $23,900.00 That the Commissioner of Public Works be, and
Kraus Bros. Painting $31,500.00 he hereby is, authorized to award a contract for the Friends of
Atlas Painting $32,000.00 the Elderly, 118 E. Utica, Food Service Equipment, to Buffalo
Sigma Painting $32,200.00 Hotel Supply, the lowest responsible bidder in the amount of
Kam Painting $34,767.00 $122,992.00, with said cost to be charged to CPF 201-717-001
C & A Painting $36,000.00 - Department of Community Development.
Marine Steel Painting $37,000.00 PASSED.
I hereby certify that the foregoing is a true and correct AYES-12. NOES-0.
statement of all bids received and that Amherst Painting, in the
amount of Twenty One Thousand Fifty Six and 00/100 Dollars NO.19
($21,056.00) is the lowest responsible bidder in accordance REPORTOFBIDS
with the plans and specifications. FRIENDSOFTHEELDERLY118E.UTICAST.
I recommend that Your Honorable Body authorize the HVACWORK
Commissioner of Public Works to order the work on the basis I asked for and received the following informal proposals which
of the low bid. Funds for this work are available in CPF 200-were publicly opened and read on April 29, 1997:
402-002. W. C. Roberson Plumbing $ 8,700.00
Total estimate for this work was $40,000.00. B & H Refrigeration $14,370.00
Mrs. LoTempio moved Allied Mechanical No Bid
That the above communication from the Colgate Heating No Bid
Commissioner of Public Works dated May 6, 1997, be received R P Mechanical No Bid
and filed; and TRS Heating & AC No Bid
That the Commissioner of Public Works be, and I hereby certify that the foregoing is a true and correct
he hereby is, authorized to award a contract for the Timothy J. statement of all bids received and that W. C. Roberson
Burvid Ice Rink, Interior Painting, to Amherst Painting, the Plumbing, in the amount of Eight Thousand Seven Hundred
lowest responsible bidder in the amount of $21,056.00, with and 00/100 Dollars ($8,700.00) is the lowest responsible
said cost to be charged to CPF 200-402-002. bidder in accordance with the plans and specifications.
PASSED. I recommend that Your Honorable Body authorize the
AYES-12. NOES-0. Commissioner of Public Works to order the work on the basis
of the low bid. Funds for this work are available in CPF 201-
717-001 - Department of Community Development.
NO.17 Total estimate for this work was $10,000.00.
REPORTOFBIDS Mrs. LoTempio moved:
FRIENDSOFTHEELDERLY118E.UTICAST. That the above communication from the
KITCHENPLUMBINGWORK Commissioner of Public Works dated May 1, 1997, be received
I advertised for on April 22, 1997 and received the following and filed; and
sealed proposals which were publicly opened and read on May That the Commissioner of Public Works be, and
6, 1997: he hereby is, authorized to award a contract for the Friends of
NUMARCO,INC.$19,000.00 the Elderly, II 8 E. Utica, HVAC Work, to W.C. Roberson
MKSPLUMBING$23,700.00 Plumbing, the lowest responsible bidder in the amount of
CARINOPLUMBING$26,120.00 $8,700.00, with said cost to be charged to CPF 201-717-001 -
I hereby certify that the foregoing is a true and correct Department of Community Development.
statement of all bids received and that Numarco, Inc., in the PASSED,
amount of Nineteen Thousand and 00/100 Dollars AYES-12. NOES-0.
($19,000.00) is the lowest responsible bidder in accordance
with the plans and specifications. NO.20
I recommend that Your Honorable Body authorize the REPORTOFBIDS
Commissioner of Public Works to order the work on the basis 118E.UTICAST.
of the low bid. Funds for this work are available in CPF 201-COMMERCIALKITCHEN
717-001 - Department of Community Development. ELECTRICALWORK
Total estimate for this work was $20,000.00. I asked for and received the following informal proposals which
Mrs. LoTempio moved: were publicly opened and read on April 29, 1997:
That the above communication from the WARRENSELECTRIC$7,422.00
Commissioner of Public Works dated May 6, 1997, be received WEYDMANELECTRIC$7,995.00
and filed; and GOODWINELECTRIC$8,290.00
That the Commissioner of Public Works be, and METROELECTRICAL$11,541.00
he hereby is, authorized to award a contract for the Friends of I hereby certify that the foregoing is a true and correct
the Elderly, II 8 E. Utica, Kitchen Plumbing Work, to Numarco, statement of all bids received and that Warrens Electric in the
Inc., the lowest responsible bidder in the amount of amount of Seven Thousand Four Hundred Twenty Two and
$19,000.00, with said cost to be charged to CPF 201-717-001 00/1 00 Dollars ($7,422.00) is the lowest responsible bidder in
- Department of Community Development. accordance with the plans and specifications.
PASSED. I recommend that Your Honorable Body authorize the
AYES-12. NOES-0. Commissioner of Public Works to order the work on the basis
of the low bid. Funds for this work are available in CPF 201-
NO.18 717-001 - Department of Community Development.
REPORTOFBIDS Total estimate for this work was $10,000.00.
FOODSERVICEEQUIPMENT Mrs. LoTempio moved:
FRIENDSOFTHEELDERLY That the above communication from the Commissioner of
118E.UTICAST. Public Works dated May 1, 1997, be received and filed; and
I advertised for on April 8, 1997 and received the following That the Commissioner of Public Works be, and
sealed proposals which were publicly opened and read on April he hereby is, authorized to award a contract for the Friends of
22, 1997: the Elderly, I 1 8 E. Utica, Commercial Kitchen, Electrical
Buffalo Hotel Supply $122,992.00 Work, to Warrens Electric, the lowest responsible bidder in the
Nu Temp Services No Bid amount of $7,422.00, with said cost to be charged to CPF 201-
I hereby certify that the foregoing is a true and correct 717-001 - Department of Community Development.
statement of all bids received and that Buffalo Hotel Supply in PASSED.
the amount of One Hundred Twenty Two Thousand Nine AYES-12. NOES-0.
Hundred Ninety Two and 00/100 Dollars ($122,992.00) is the
lowest responsible bidder in accordance with the plans and NO.21
specifications. REPORTOFBIDS
I recommend that Your Honorable Body authorize the WATERLINEREPLACEMENTONBRYANTSTREET
Commissioner of Public Works to order the work on the basis RICHMONDAVENUETOELMWOODAVENUE
of the low bid. Funds for this work are available in CPF 201- As authorized by your Honorable Body in common
717-001 - Department of Community Development. council Proceeding No. 30 of March 4, 1997 plans and
Total estimate for this work was $125,000.00. specifications were prepared and sealed proposals accepted
for Waterline Replacement on Bryant Street - Richmond Cooling & Heating, the lowest responsible bidder in the amount
Avenue to Elmwood Avenue. of $13,744.00, with said cost to be charged to CPF 200-402-
I submit the following report of all bids received 053 - Division of Buildings.
which were opened in my office at 11:00 a.m. on April 28, PASSED.
1997: AYES-12. NOES-0.
Firstrhyme Construction NO.23
3517 Genesee Street REPORTOFBIDS
Buffalo, New York 14225 $ 279,674.00 RECONSTRUCTIONOFCURBS&WALKSONELMWOOD
Mar-Wal Construction AVENUE-PHASE11LEXINGTONTOWESTDELAVAN
440 Gould Avenue GROUP#427
Depew, New York 14043 $ 285,232.00 ITEM#19,C.C.P.11/12/96
Visone Construction, Inc. This is to advise your Honorable Body that I have advertised
79 Sheldon Avenue and received bids on April 30, 1997 for Reconstruction of
Depew, New York 14043 $ 338,063.00 Curbs & Walks on Elmwood Avenue - Phase II, Lexington to
MPJ Contracting, Inc. West Delavan, Group 9427.
68 Churchill Street in obtaining bids for the above project, I have asked for bids on
Buffalo, New York 14207 $ 348,073.00 a unit price covering the various items of work and material
Pine Ridge, Inc. which will be performed. The final cost of the work will be
7135 Davis Road based on the actual measured quantities of materials entering
West Falls, New York 14170 $ 348,795.00 into the work and may be either more or less than the total bid.
Dorsch Construction Company, Inc. The following bids were received:
13268 Dorsch Road Base Bid Unit Price Increase
Akron, New York 14001 $ 421,090.00
I certify that the foregoing is a true and correct Master's Edge, Inc. $668,703.00* $735,573.30
statement of all bids received and that Firstrhyme Construction A.B.P. Concrete Construction, Inc.
Corporation, Inc., 3517 Genesee Street, Buffalo, New York is $757,345.00 $824,215.30
the lowest responsible bidder complying with the plans and M.P.J. Contractors, Inc. $789,577.00 $856,447.30
specifications for Waterline Replacement on Bryant Street - P & J Construction Company, Inc.
Richmond Avenue to Elmwood Avenue, with their bid in the $860,890.00 $927,760.30
amount of $ 279,674.00. M. Passucci, Inc. $1,044,745.00 $1,111,615.30
I respectfully request that your Honorable Body *Adjusted Amount
authorize the Commissioner of Public Works to enter into a I hereby certify that the lowest responsible bidder for the above
contract with Firstrhyme Construction Corp., Inc., the cost project is Master's Edge, Inc.
thereof for this project is to be charged to the Division of I respectfully recommend that your Honorable Body order the
Water's Capital Project Account, 416-984-001 in the amount of work, the cost thereof to be charged to the Capital Projects
$279,674.00 plus approved unit prices for an additional Fund #201-401-007-00-000 in an amount of $ 668,703.00,
$27,967.40 for a total encumbrance in the amount of plus approved unit prices not to exceed $ 66,870.30, for a total
$307,641.40. encumbrance of $ 735,573.30. The engineer's estimate for this
The Engineer's estimate for this project was work is $ 750,000.00.
$312,867.50. The attached is certified to be a true and correct statement of
Mrs. LoTempio moved: the two (2) lowest bids received. Under provisions of the
That the above communication from the General Municipal Law, any of the bidders may withdraw his
Commissioner of Public Works dated bid if an award of the contract is not made by June 15, 1997.
May 6, 1997, be received and filed; and Individual bid submissions are available in our office for
That the Commissioner of Public Works be, and inspection and copies are available upon request.
he hereby is, authorized to award a contract for Waterline That the above communication from the Commissioner of
Replacement on Bryant Street, Richmond Avenue to Elmwood Public Works dated May 8, 1997, be received and filed; and
Avenue, to Firstrhyme Construction Corporation, Inc., the That the Commissioner of Public Works be, and he hereby is,
lowest responsible bidder in the amount of $279,674.00 plus authorized to award a contract for Reconstruction of Curbs &
approved unit prices for an additional $27,967.40 for a total Walks on Elmwood Avenue - Phase 11, Lexington to West
encumbrance in the amount of $307,641.40, with said cost to Delavan, Group #427, to Master's Edge, Inc., the lowest
be charged to Division of Water's Capital Project Account, 416-responsible bidder in the amount of $688,703.00 plus approved
984-001. unit prices for not to exceed $66,870.30, for a total
PASSED. encumbrance in the amount of $735,573.30, with said cost to
AYES-12. NOES-0. be charged to the Capital Projects Fund #201-401-007-00-000.
PASSED.
NO.22 AYES-12. NOES-0.
REPORTOFBIDS
CRANEBRANCHLIBRARY NO.24
AHURECONSTRUCTION&DUCTCLEANING 888MAINSTREET;
633ELMWOODAVENUE REQUESTSPERMISSIONTOINSTALLSIDEWALKCAFE
I asked for and received the following informal proposals which Mr. Kenneth Pratt, owner of Bread Crumbs Bar and
were publicly opened and read on April 29, 1997: Restaurant, located at 888 Main Street, has requested
Tri-R Cooling & Heating $13,744.00 permission to install a sidewalk cafe which would encroach City
B & H Refrigeration No Bid right-of-way at said address.
Colgate Heating No Bid The proposed cafe measures twenty-six feet (26') in length and
Peerless AC & Heating No Bid projects six feet (6') from the building face into City right-of-
R P Mechanical No Bid way.
W C Roberson Plumbing No Bid The Department of Public Works has reviewed Mr. Pratt's
TRS Heating & AC No Bid application pursuant to Chapter 413, Section 59 (Sidewalk
I hereby certify that the foregoing is a true and correct Cafes) of the City Ordinances and has no objection to Your
statement of all bids received and that Tri-R Cooling & Heating, Honorable Body authorizing the Commissioner of Public Works
in the amount of Thirteen Thousand Seven Hundred Forty Four to issue a "Mere License" for said sidewalk cafe provided the
and 00/100 Dollars ($13,744.00) is the lowest responsible following conditions are met:
bidder in accordance with the plans and specifications. 1. That the applicant obtain any and all other City of Buffalo
I recommend that Your Honorable Body authorize the permits necessary.
Commissioner of Public Works to order the work on the basis 2. That the sidewalk cafe be installed exactly as shown on
of the low bid. Funds for this work are available in CPF 200-plans submitted to and approved by the Department of
402-053 - Division of Buildings. Public Works, Division of Buildings.
Total estimate for this work was $9,000.00. 3. That the sidewalk cafe does not exceed twenty-six feet
Mrs. LoTempio moved: (26') in length or extend more than six feet (6') from the
That the above communication from the building face.
Commissioner of Public Works dated 4. That no portion of the sidewalk cafe be permanent in
May 1, 1997, be received and filed; and nature or permanently affixed to the main building or
That the Commissioner of Public Works be, and public sidewalk.
he hereby is, authorized to award a contract for the Crane 5. That the sidewalk cafe be completely removed from City
Branch Library, AHU Reconstruction & Duct Cleaning, to Tri-R right-of-way from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two That the Acting Corporation Counsel be, and he
dollars per square foot of City right-of-way occupied by hereby is, authorized to settle the Matter of the City of Buffalo v.
said sidewalk cafe as described in Chapter 413, Article Betty Wellman in the amount of $1,524.00 payable to the City
IX, Section 59 (Sidewalk Cafes) of the City Ordinances. of Buffalo.
(26' x 6' = 156 x $2.00/ft. = $312.00/year) PASSED.
7. That the applicant supply the City of Buffalo with a five AYES-12. NOES-0.
thousand dollar ($5,000.00) construction in street bond
or certificate of insurance which will indemnify and save NO.28
harmless the City of Buffalo against any and all loss and LEGALDEFINITIONTWO-FAMILYDWELLING
damage arising out of the construction, maintenance, ITEMNO.168,C.C.P.11/12/96
use and removal of said sidewalk cafe. ITEMNO.188,C.C.P.,2/18/97
REFERRED TO THE COMMITTEE ON LEGISLATION. You asked the Law Department to state the
methods, if any, for a property owner of a double or triple to
NO.25 convert that property to a different residential use. One
PUBLICHEARINGAMENDMENTTO whereas clause of the above-cited items seeks to provide a
FINANCING&OPERATINGAGREEMENTS means for the lawful conversion of un-rented double units.
At their meeting of May 7, 1997, the Buffalo Water Board This Department conferred with the Division of Buildings,
authorized that a public hearing be held on June 23, 1997 at Department of Community Development, and the Department
2:00 p.m. in Room 209 City Hall for the purpose of a public of Assessment in formulating this answer.
review and comment on the proposed amendments to the The City Zoning Code defines a "dwelling" as "a
Financing Agreement and the Operating Agreement both dated building or portion thereof designed or used exclusively as
September 24, 1992. the residence or sleeping place of one (1) or more persons. "
The Water Board requested that I correspond with Your A "dwelling unit" is "one (1) or more rooms designed for
Honorable Body and ask that the Common Council join with the occupancy by one (1) family for cooking, living and sleeping
Board in this public hearing. purposes." A two-family dwelling is defined as "a building
RECEIVED AND FILED. containing two (2) dwelling units and designed or used
exclusively for occupancy by two (2) families living
FROMTHECOMMISSIONEROFPOLICE independently of each other...... City Code ("Code") § 511-4.
To convert a two-family dwelling into a single
NO.26 family dwelling, the separate attributes designed or used for
CHECKSRECEIVED two families living independently, such as the kitchen, must
ITEMNO.104,C.C.P.2/2/88 be removed from one of the units. Code § 103-55(B)
See
C2-96-0104 8155-00105143 $ 1,785.60
(prohibition against using a kitchen for sleeping purposes),
C2-96-0121 8155-00105144 3,202.80
(L) (prohibition against using as a sleeping space a room
C2-96-0121 8155-00105147 1,596.60
containing a gas refrigerator); Code § 103-55(D)
see also
C2-97-0007 8155-00105151 1,761.60
(prohibition against preparing meals in a room not designed
3110-96-036 8155-00104937 1,363.50
or intended for cooking). The utility lines to the now former
TOTAL DEPOSIT $ 9,710.10
kitchen must be capped. Other factors may include removal
The above referenced property has been administratively
of multiple gas or water meters from one of the separate
forfeited by the Drug Enforcement Administration. (DEA).
units. There must be one electric meter for the renovated
These checks were received by this Department and duly
single unit, with the work performed by a licensed electrician.
deposited in the Trust & Agency Account, $ 8,346.60 was
Any alteration or change to the dwelling to convert
deposited to account #610-200-217-00-300 and $ 1,363.50
it to reduce the number of separate dwelling units will require
was deposited to account #610-200-217-00-313.
a certificate of occupancy, Code § 129- 1 (B) (certificate for
RECEIVED AND FILED.
any altered building before occupation), (C) ("no change shall
be made in the nature of the occupancy or use of an existing
FROMTHECORPORATIONCOUNSEL
building unless a certificate of occupancy authorizing such a
change shall have been issued"), as well as a permit to
NO.27
reduce the number of dwelling units. Currently, there is a
SETTLEMENTOFCLAIMCITYV.BETTYWELLMAN
$50 fee to obtain a conditional certificate, and a $50 base fee
On July 17, 1997, a police vehicle driven by Buffalo
for single family dwelling or the fee for the building permit to
Police Officer Thomas J. O'Malley was involved in an accident
perform the alteration. Code Ch. 175, Fees, §
129-5; see
with a 1990 Plymouth Suburban driven by Betty A. Wellman.
Code § 103-2 (alterations, repairs, rebuilds costing more
The accident occurred near the comer of Genesee and Oak
than $500 require a building permit). The owner must obtain
Streets, in the City of Buffalo, New York. As both vehicles
a change of use permit and to obtain that permit the owner
were traveling south on Oak Street, the driver's side front area
must provide a survey of the property as well as pay
of Ms. Wellman's vehicle struck the passenger side of the
necessary fees. The permit requires zoning approval by the
police vehicle.
City Planning Board. The final work is subject to inspection
Officer O'Malley and Officer Arthur Collins, a
prior to issuance of the final certificate. Code § 129-3(A).
passenger in the police vehicle, were injured in the accident
This final certification will give the City formal notice of the
and lost several days work. The police vehicle was slightly
change, and enable the Department of Street Sanitation to
damaged.
update its records and recognize the new status of the
To recover the wages paid to the injured police
dwelling.
officers and the cost of repairing the police vehicle, this office
Any conversion from a two-family to a single family
commenced an action against Ms. Wellman for $2,178.55, the
dwelling should be permanent because any conversion back
total amount of the City's claim. Ms. Wellman's insurance
to a two-family will subject the dwelling to the building, zoning
company, Preferred Mutual, answered on her behalf. Ms.
and other codes applicable to that building as of the time of
Wellman received a traffic citation for improperly making a left
the reconversion, and not to the standards of when the
hand turn on a one way street; however, Ms. Wellman was not
building was constructed initially or when the conversion was
convicted of this charge. The insurance company has offered
completed. For example, a two-family dwelling built as such
a settlement figure of $1,524.99 (i.e. 70% of $2,178.55) to
in 1900 has been grandfathered under current building codes
dispose of the case.
from the newer code requirements. A conversion to a single
This office recommends that the City accept this
family and later reconversion of that building to a two-family
settlement for the following reasons. In the event that the case
dwelling will subject that structure to contemporary size and
goes to trial, the City would likely incur substantial expenses
other building code and zoning requirements that did not
including potential medical testimony to confirm the severity of
exist in 1900 and may require further alterations to comply, if
the officers' injuries. Further, the fact that Ms. Wellman was
possible. Zoning may restrict the ability of the reconverting
not convicted of the traffic citation, creates a scenario where a
owner to have sufficient space within as well as surrounding
jury may apportion some liability to both parties This office feels
the structure to have a two-family dwelling.
that the 70% is fair and reasonable under the circumstances.
The terms " single family, " "two-family, " as well as
Based on the above, this office recommends
"three-family, " are defined within the Code and methods for
settlement in the amount of $1,524.00 payable to the City of
conversion exist, thus additional definition or legislation to
Buffalo.
amplify these methods for conversion do not appear to be
Mrs. LoTempio moved:
necessary.
That the above communication from the
REFERRED TO THE COMMITTEE ON LEGISLATION.
Department of Law dated April 28, 1997, be received and filed;
and
NO.29
CLAIMOFDENISEZIEGLER Add 9,372.50
Please be advised that Denise Ziegler, who was a -Credit back to Owner for the remaining construction
Legislative Assistant assigned to the City Clerk, was released permit fees. Deduct 11,443.00
from employment in May, 1996. As a condition of her release, Total Add $ 243.44
an agreement was reached to pay her two (2) weeks vacation. Contract Summary:
Unfortunately, she left employment before she was paid. Original Contract Amount $797,120.00
Therefore, in settlement of Ms. Ziegler's claim, the Change Order No. 1 113,993.70
Corporation Counsel recommends payment to her in the Change Order NO. 2 (This Increase) 243.49
amount of $1,076.53 minus all standard payroll deductions. New Contract Amount $911,357.19
Mrs. LoTempio moved: These cost have been reviewed and approved by
That the above communication from the Department of Law, be Trautman Associates, project architectural consultant. Funds
received and filed; and for this extra work are available in C.P.A. 200-717-041.
That the Acting Corporation Counsel be, and he hereby is, I recommend that Your Honorable Body authorize
authorized to settle the claim of Denise Ziegler in the amount of the Commissioner of Community Development to issue a
$1,076.53 minus all standard payroll deductions to be charged change order to Gianadda Construction Corp. as set forth
to Prior Year Judgment and Claims. Mrs. LoTempio moved:
PASSED. That the communication from the
AYES-12. NOES-0. Department of Community Development, dated April 30, 1997,
be received and filed; and
FROMTHECOMMISSIONEROFCOMMUNITY That the Commissioner of Community
DEVELOPMENT Development be, and he hereby is, authorized to issue change
order No. 2 to Gianadda Construction Corp., changes resulting
NO.30 in a net increase in the amount of $243.49, as more fully
WATERGATEII,REQUESTTOINSTALL described in the above communication, for work relating to the
TELECOMMUNICATIONDEVICESAT32HERTEL Allendale Theater, General Construction, Contract 91840600.
ITEMNO.75,C.C.P.,4/15/97 Funds for this project are to be charged to C.P.A. 200-717-
Attached for your information is the Short Environmental 041.
Assessment Form for the matter captioned above. PASSED.
Mrs. LoTempio moved: AYES-12. NOES-0.
That the communication from the Department of
Community Development, Division of Planning, dated May 6, NO.33
1997, be received and filed; and COMPLETEREPAIRSMLKINGPARK
That "Watergate II, Request to Install I have assigned Dennis Maloney, of my staff, to
Telecommunication Devices at 32 Hertel," is an unlisted action coordinate with the responsible departments to insure that the
as defined in 6 NYCRR Part 617.1 1. The Common Council major items are addressed prior to June 14, 1997, if at all
has approval authority over this item, and is therefore an possible.
involved agency as defined in 617.1 1. As part of an REFERRED TO THE COMMITTEE ON LEGISLATION
uncoordinated review, the Common Council has evaluated an
Environmental Assessment Form (EAF) on this item which has NO.34
been completed by the applicant (Part 1) and by the City REPORTOFAIRMONITORINGFORFOLLOWING:
Planning Board (Part II); and ST.NICHOLASSCHOOL-25VERPLANCK
Having made an independent assessment of the ST.NICHOLASCONVENT&GARAGE-25VERPLANCK
information contained in the EAF, the Common Council adopts P.S.#23-877EASTDELAVAN
the findings set forth in Part 11 and, as a result, finds that this P.S.#41-627JEFFERSON
proposed action will not result in any significant adverse Due to the very serious and hazardous condition of the
environmental impacts. Therefore, this Common Council buildings located at the below stated properties, inspections
issues a negative declaration. were conducted by this Department and it was determined that
ADOPTED. immediate demolition was necessary due to the (1) structural
condition of the buildings and/or (2) the resulting dangerous
NO.31 and hazardous condition which exists at these locations, i.e., in
LASALLEPARKFOOTBALLFIELDRENOVATION accordance with the guidelines outlined in Chapter 113 of the
I hereby request permission to take bids for the Ordinances of the City of Buffalo. Please be advised,
above project; and have asked for and received the following therefore, that offers for asbestos air monitoring were solicited
bids for LaSalle Park football field renovations on May 1, 1997: on January 10, 1997. The contracts for the demolition of these
COMPANY structures have been awarded. As part of, and in conformance
Village Green Landscaping $ 9,856 with New York State Asbestos Code Rule Number Fifty Six, it
Birch Grove Landscaping $15,829 is required that the demolition activities be monitored by a New
I hereby certify that the foregoing is a true & correct York State Certified Air Monitoring Technician. These
statement of the bids received. We are accepting the low base precautions are taken as a safety measure to ensure that no
bid of $9856. Therefore, Village Green Landscaping, P.O. Box airborne asbestos containing materials are present during the
522, Hamburg, New York 14075 is the lowest responsible demolition activity. Please find attached a matrix summarizing
bidder in accordance with the plans & specifications: the bid activity of January 10, 1997, showing M.M.A.C.
I recommend that Your Honorable Body authorize Corporation as the lowest apparent bidder for the air monitoring
the City to order the work on the basis of the low bid. Funds for service. However, this Contractor could not supply the City of
this work are available in Bond Fund Account 200-717-024. Buffalo with the necessary Insurance and their proposal was
REFERRED TO THE COMMITTEE ON FINANCE AND rejected. Therefore, the lowest qualified bidder on these
COMMISSIONER OF COMMUNITY DEVELOPMENT. properties for the services solicited for is Environmental
Education and the contract(s) will be awarded to this lowest
NO.32 responsible bidder.
SECONDCHANGEINCONTRACT91840600 ADDRESS AND OWNER CONTRACTOR
ALLENDALETHEATER & DOLLAR AMT
GENERALCONSTRUCTION Bid 1- St. Nicholas School, Environmental Education
During the construction of the above project certain $124.00 per day
items that were unforeseen at the time the bids were let, 25 Verplank St. 22 Welker St. Inc.
required attention. Therefore, we recommend that the following 22 Welker
changes be made to Contract 91840600 with Gianadda Buffalo, New York 14208
Construction Corp. Bid No. 2- St. Nicholas convent Environmental Education
-Install brick at anchor bolt locations to support the steel ledger $124.00 per day
angle along the existing clay and Garage 25 Verplank 22 Welker St. Inc.
tile south wall of the theater. Add $1,150.83 22 Welker St. Inc. 22 Welker
-Raise eastern end of the stage approximately 3-1/2". Buffalo, New York 14208
Add 460.00 Bid No. 3- Public School #23- Environmental Education
-Raise the door heads at door location No. 21 and No. 22. $124.00 per day
Add 703.16 877 East Delevan Avenue
-Install drainage field, basin and discharge piping as per City of Buffalo
Trautman Associates' Sketch dated 12-18-96. Drainage field Bid No. 4- Public School #41- Environmental Education
to be located on top of the existing house floor slab. $124.00 per day
627 Jefferson Avenue WROTB. All liens could then be paid by WROTB so clear title
City of Buffalo could be given to WROTB. No gift of public funds would be
Please be further advised that the demolition and sewer and involved.
water termination was bid previously on December 23, 1996 for This information should satisfy your requirements.
the above stated structures. REFERRED TO THE COMMITTEE ON FINANCE.
We therefore, respectfully request that upon approval by your
honorable Body, that the cost of this New York State mandated NO.37
air monitoring service be charged to the Special Assessment CERTIFICATEOFAPPOINTMENT
Fund 500-000-002-00000. Appointment effective 4/23/97 in the Department of
REFERRED TO THE COMMITTEE 0N FINANCE. Administration & Finance, Division of Treasury To the Position
of Account Clerk, Permanent, at the Maximum Starting Salary
NO.35 of $24,527.00 Christopher W. Tomaszewski, 92 Wilbury Pl,
LICENSINGABSENTEELANDLORDS 14216
ITEMNO.167,C.C.P.1/23/96 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
In response to the above stated Common Council
Communication I would like to supply your Honorable Body with NO.38
the following information. As early as the Spring of 1992 we in ATTENDANCEOFMAYOR'SLOBBYISTATMEETING
the Department of Community Development have been ITEMNO.50,C.C.P.4/29/97
investigating the possibility of instituting some type of Landlord The contract that the City entered into with Kopley Ryan &
Licensing Legislation. There are two major factors to be taken Farley provides that they will submit reports to us on matters
into consideration. The first is that " Tenant Accountability" pertinent to their efforts as we request.
Should be a portion of this legislation. Thus providing a service Since the majority of his efforts are related to the state budget,
to property owners to control and make unruly tenants or are items which will not be addressed until after the state
responsible for the destruction of private property. Secondly, a budget is passed, the majority of our work to date has been in
work study should be performed to accurately represent what developing and refining our agenda and doing a limited amount
this program will cost to implement. If an arbitrary fee were of "testing" it with various people.
introduced and it was to low, the City of Buffalo would further As such, we have not made a formal request for a written
aggravate the perilous fiscal situation already being report. We will do so relatively soon.
experienced. According to assessment records previously Nonetheless, we are in regular--approximately weekly--contact
researched there are approximately 38,446 single family with Mr. Farley, have held several meetings with him in Buffalo
dwelling units, 32,861 Double family dwelling units, 4,175 (including another one today, as a matter of fact), and feel
Multiple dwelling family units. As a working example, the comfortable with the relationship.
current Certificate of occupancy program implemented by the Last, as previously communicated to your Honorable Body, Mr.
Division of Inspections Licenses and Permits employs one Farley is aware of your desire to meet with him and will look for
Chief Building Inspector, two clerical support and eight field a call from staff to arrange a date and time.
inspectors. Approximately two hundred bills are sent to the I trust this answers your question.
owners of these properties per month, and approximately one REFERRED TO THE COMMITTEE ON FINANCE.
hundred and twenty or sixty percent pay for the service.
Another twenty percent do not pay and an additional twenty NO.39
percent of these bills remain undeliverable. Legal ramifications GENERALFUND-CITYGAPSHEET
from a civil suit filed against this program prohibits the writing THIRDQUARTER1996-97
of owners of properties who have ignored these bills for Under this cover please find the City's General Fund Gap
Housing Court. Of the initial one hundred and twenty Sheet for the third quarter of Fiscal Year 1996-97.
properties billed approximately fifty per cent or sixty are The Gap Sheet projects a negative fund balance of
satisfactorily brought into compliance with the Housing and $368,000 for the 1996-97 fiscal year. It should be noted that
Property Code. Each property averages an initial inspection this estimate is based upon information currently available to
and two separate call back inspections. as this Multiple the budget office. Below is a summary of significant variances
Dwelling inspection program is entering the last year of the from the 1996-97 budget.
three year cycle, at the current rate when the first certificates Revenues are currently expecting $2.08 million below budget.
issued by this program expire, we will be billing for expired Property tax collections are projected by the Division of
certificates when the back log of nonresponsive, undeliverable Accounting to fall $1.7 million short of budget. Federal
and buildings not in compliance with the code continues to Community Development Block Grant Revenues are down
balloon. It is my sincere hope that this response satisfies your approximately $440,000 from budget due to differences in the
inquiry. way the Block Grant and City General Fund budgets were
REFERRED TO THE COMMITTEE ON LEGISLATION. adopted plus another $300,000 from the loss of the Common
Council's unencumbered. Parking Ticket revenue is down
FROMTHECOMMISSIONEROFADMINISTRATIONANDapproximately $1.0 million due to the suspension of ticketing on
FINANCE weekends and at other times. Investment earnings are
NO.36 projected to come in $450,000 below budget. Parking meter
OTB-827TONAWANDASTREET- revenue is projecting down approximately $400,000. Revenue
TAXARREARS/OTHERCHARGES streams showing positive trends are interest & penalties on
ITEM#83,C.C.P.APRIL29,1997 taxes both current and delinquent (+$500,000), payments in
The Department of Administration and Finance has lieu of taxes (+$650,000), Utility Taxes (+$400,000), Erie
reviewed the letter submitted by Western Regional Off Track County Sales Tax (+$400,000) and State General Purpose Aid
Betting Corporation and has come to the following conclusion. was increased by $2.0 million.
Although the revenue received from WROTB has On the expense side, total appropriations are up $700,000
been substantial over the past years the revenue realized was from budget. Transfers out were increased by $2.0 million with
from a separate agreement that should not influence that amount going to the Board of Education under an
negotiations between Brady & Burgess and WROTB. For the increased appropriation. Overtime spending is currently
record, the following revenue was received by the City from projected to exceed budget by approximately $1.9 million, an
WROTB: improvement of $600,000 over the second quarter projection.
Fiscal Year Amount Due to damage incurred to city property during several wind
storms and the constant wear on city vehicles, materials and
87-88 895,709 supplies are running approximately $552,000 above budget and
88-89 1,012,512 for the same reason plus overages in postage, fuel and salt,
89-90 888,907 purchase of services are projecting. approximately $584,000
90-91 781,033 above budget. Also, since the Douglas Tower's were not sold,
91-92 595,347 the city must make up the difference of $1.5 million between
92-93 477,006 budgeted and actual BMHA Deficit and the Prior Year's
93-94 445,008 Judgment & Claims account is projecting a shortfall of
94-95 676,806 $350,000 from budget.
95-96 672,585 The $2.08 million shortfall in revenues and resources and the
To use this revenue as a basis for tax forgiveness of $700,000 net overage in expenditures has necessitated the use
a third party would not be legal nor proper by any means. of the Unreserved Fund balance of $2,369,673 that was the
One easy solution to this problem would be to have source for the increased appropriation that was late-filed for
the amount due and owing to the City be deducted from the today's Common Council meeting. The Comptroller had
negotiated purchase price set between Brady & Burgess and designated $1,332,565 for the BMHA deficit, $2,104,585 for
the user fee shortfall and $1,637,108 for union agreements, Caver Wiley, 647 Woodlawn, Buffalo, NY 14211
utilities, and judgment & claims. In compiling this gap, we have
left $2,704,585 for the purpose of making up the shortfall in the NO.46
user fee. APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&
I hope this document will help inform the Common Council on EMPLOYMENT
the City's financial condition as of the third quarter of the 1996-I transmit herewith appointments made in the Mayor's Youth
97 fiscal year. I and my staff are available to meet with your Opportunities and Employment Programs.
honorable body to discuss this document in greater detail. RECEIVED AND FILED.
REFERRED TO THE COMMITTEE OF THE WHOLE. Appointment Effective: April 28, 1997 in the Department of
Mayor's office Division of Youth Opportunity & Employment
FROMTHECOMMISSIONEROFHUMANSERVICES,Program, to the Position of Intern IV, Temporary
PARKSANDRECREATION at the: Flat Starting Salary of: $ 6.00
NO.40 Charles E. McGriff, 171 Lexington Ave, Buffalo, NY 14222
COMPLETEREPAIRS-MLKPARK
#175C.C.P.APRIL1,1997 NO.47
The Juneteenth Festival has always been considered a major NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
event for the City of I transmit herewith certificates received by me, reporting
Buffalo and the Department of Human Services, Parks and seasonal and flat salary appointments made in various
Recreation. departments.
To ensure that MLK Park is ready for the Festival, we will again RECEIVED AND FILED.
do the following: DEPARTMENTOFSTADIUM&AUDITORIUM
1. Newly promoted Park Utility Worker, Ken Stevens Appointment Effective April, 29, 1997, In the Department of
and the MLK Staff will identify specific problem 61-Stadium and Auditorium, Division of North AmeriCare
areas in the Park and report same to the Delaware Park, to the position of Laborer I, seasonal at the Flat Starting
Park Labor Center. Salary of: $ 6.22
2. Frank Salvo, Park Supervisor, will contact current Carl Rizzo, 142 Dorchester Road, Buffalo, 14213
Juneteenth organizers and schedule a walk through Ronald Ventola, 37 Duluth Street, Buffalo, 14216
of the Park. Charles Cirringione, 15 Colton Drive, Buffalo, 14216
3. Park Supervisor Salvo will then coordinate remedial Roderick Cameron, , 349 Breckenridge St., Buffalo,. 14213
work that needs to be done with Parks employees DEPARTMENTOFPUBLICWORKS
and/or other City Departments. Appointment Effective 4-28-97, in the Department of Public
This system has worked very well in the past and we anticipate Works , Division of Engineering, to the position of Laborer I,
dud M.L.K. Park will be ready for the Juneteenth Festival. Seasonal, at the: Flat Starting Salary of: $ 6.22
REFERRED TO THE COMMITTEE 0N LEGISLATION. John Iapichino, 514 Tonawanda St., Buffalo, NY 14207
Appointment Effective: May 5, 1997 in the Department of
FROMTHECITYCLERK Public Works Division of Water to the Position of Clerk
NO.41 Seasonal, at the: flat $5.20/hr
AUTOALLOWANCE Maureen Colern, 154 Cushing Place, Buffalo 14220
The following departments have filed the required Susan Nowak, 48 Jones St., Buffalo 14206
certificate relative to the granting of automobile transportation Appointment Effective: May 5, 1997 in the Department of
allowances for employees in their respective departments: Public Works Division of Water to the Position of Account
Fire Dept.-William Craft, Daniel McCarthy Clerk,Temporary, at the: flat $5.46/hr
RECEIVED AND FILED. Kathleen Wachowicz, 81 Barnard St., Buffalo 14206
NO.42 ADMINISTRATION&FINANCE
LIQUORLICENSEAPPLICATIONS Appointment Effective: April 281997, in the Department of
Attached hereto are communications from persons applying for Administration and Finance, Division of Parking Enforcement,
liquor licenses from the Erie to the Position of Parking Enforcement officer, Seasonal, at
County Alcohol Beverage Control Board. the: Flat Starting Salary of: $6.22
Address Business Name Owner's Name Alfred Jaycox Jr., 17 Barry Place, Buffalo 14213
490 Pearl St. A & M Caberet Inc. Anthony L. Fumerelle Appointment Effective: May 12, 1997, in the Department of
561-565 Delaware Colter Bay Grill Inc. Paul H. Zuppinger Administration and Finance, Division of Parking Enforcement,
RECEIVED AND FILED to the Position of Parking Enforcement Officer, Seasonal, at
NO.43 the: Flat Starting Salary of: $6.22
LEAVESOFABSENCEWITHOUTPAY Oliver D. Townes, Jr., 129 Davidson Avenue, Buffalo 14215
I transmit herewith notifications received by me, reporting the DEPARTMENTOFHUMANSERVICES,PARKS&
granting of the leaves of absence without pay, in the various RECREATION
departments as listed: Appointment Effective: April 29, 1997, in the Department of
Police- Terry Abram Human Services, Parks & Recreation, Division of Youth
Human Services, Parks/Recreation- Brian Hayes to the Position of Attendant, Temporary, at the: Flat Starting
RECEIVED AND FILED. Salary of: $ 4.75 p/hr.
NO.44 Andre Walker, 260 Niagara, Buffalo 14201
REPORTSOFATTENDANCE Appointment effective: April 30,1997, in the Department of
I transmit herewith communications received by me, from the Human Services, Division of Recreation, to the position of Fee
various boards, commissions, agencies and authorities Collector, Seasonal, at the Flat Starting Salary of $ 4.94
reporting the membership attendance at their respective Edward Woelfle, 239 Parkside Avenue, Buffalo 14214
meetings: Appointment effective May 6,1997, in the Department of
City Planning Board Human services, Division of Parks to the position of Laborer II,
RECEIVED AND FILED. , Seasonal, at the Minimum starting salary of $6.92
NO.45 Shawn Cunningham, 151 Wakefield, Buffalo 14214
NOTICESOFAPPOINTMENTS-COUNCILINTERNS DEPARTMENTOFGENERALSERVICES
I transmit herewith appointments to the position of Council Appointment effective May 8, 1997, in the Department Of
Intern. General Services Division of Inventory & Stores to the Position
Mrs. LoTempio moved the approval of the appointments to the Of Laborer II, Seasonal, at the Flat Starting Salary of $6.92
position of Council Intern. Liam Caulfield 67 Shenandoah Rd., Buffalo, NY 14220
ADOPTED. NO.48
Appointment Effective: April 29, 1997 in the Department of APPOINTMENTS-TEMPORARY,PROVISIONALOR
Common Council, to the Position of Intern III, Seasonal, at the: PERMANENT
Flat Starting Salary of: $5.00 per hr.
Jamie McKoy 19 Dupont St., Buffalo, NY 14208 I transmit herewith Appointments in the various
Appointment Effective: April 25, 1997 in the Department of departments made at the Minimum (Temporary, Provisional or
Common Council, to the Position of Intern IV, Seasonal, at the: Permanent) and for Appointments at the Maximum (as per
Flat Starting Salary of: $6.00 per hr. contract requirements) .
James Chlebowy, 187 Lombard St, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment Effective: May 7,1997 in the Department of DEPARTMENTOFPUBLICWORKS
Common Council, to the Position of Intern IV, Seasonal, at the: Appointment Effective: May 12, 1997 in the Department of
Flat Starting Salary of: $6.00 per hr. Public Works Division of Engineering to the position of
Jermaine LeCounte, 1215 Fillmore, Buffalo, NY 1411 Engineering Aide, Permanent, at the minimum starting salary
of $23,156 and the neighborhood.
Raymond G. Martin, Jr. 49 Millicent, Buffalo 14215 I have read Buffalo News' reports of several residential studies
DEPARTMENTOFPOLICE concluded by the University of Buffalo. In each case, it is
Appointment Effective: May 5, 1997 in the Department of: pointed out that the success of a city's downtown renaissance
Police ,to the Position of: Public Safety Dispatcher must be rooted in its residents. I believe that this
Permanent, at the: Minimum Starting Salary of: $ 24,414 neighborhood, however vibrant, has now reached a point of
Nathan E. Pyles, 20 Lexington Ave.,Buffalo, NY 14222 saturation with regard to bars serving alcohol. We must now
DEPARTMENTOFCOMMUNITYDEVELOPMENT attract more people to the area. For, as the studies have
Appointment Effective April 24, 1997 in the Department of indicated, it is the residents of a neighborhood who maintain its
Community Development, Division of Development, to the safety and economic viability.
Position of Program Specification & Design Specialist Another important point is a summary of the demographics of
Temporary at the minimum starting salary of $38,471. the patrons of the Chippewa Strip. The vast majority of those
Michael Holland, 116 Oakland Place, Buffalo, N.Y. 14222 who frequent the area ate young (a guess at the average age
DEPARTMENTOFADMINISTRATION&FINANCE would be 19-24) with reasonably low spending power. They
Appointment Effective: May 12, 1997 n the Department of largely appear to be students. Given that they are transient in
Administration and Finance, Division of Parking Enforcement, their patronage it seems responsible to note that they do little
to the Position of Motor Equipment Mechanic but spend money on alcohol and some fast food. They do not
Provisional, at the: Minimum Starting Salary of: $25,137 leave their clothes to be cleaned at the dry cleaner's or have
Paul J. White, 79 Hammerschmidt, Buffalo 14210 pictures framed at the frame shop on Pearl Street nor do they
buy souvenirs at the Shea's Backstage Gift Shop or have a
NON-OFFICIALCOMMUNICATIONS,PETITIONSANDmeal at the Bijou Grill or TGI Friday's. That is the unfortunate
REMONSTRANCES reality of this stage of my neighborhood's renaissance.
NON-OFFICIALCOMMUNICATIONS In conclusion, I believe that a roof top patio bar will be a source
NO.49 of aggravating noise and litter and serve as a deterrent to the
M.AMO growth of the lifeblood of the city -- residency!!
COMPLAINT-ROOFTOPPATIOBAR- As of April 2, no permits had been issued to the location to
257FRANKLINST. allow such an expansion. I ask that the Common Council
Thank you for returning my call the other day regarding my properly review this planned expansion considering the points I
concerns and the concerns of my neighbors regarding the have made above. I also ask that the owner of the Coliseum
proposed building of a roof top patio bar in our neighborhood. Complex be required to host a community meeting to work out
It has come to my attention that the owner of The Coliseum at potential concerns that the neighbors may have and to allow
257 Franklin Street is now planning such a structure. As a involvement of their suggestions into the planning of this
long time resident of the Theatre District, I have some serious proposed expansion. Only then would I feel comfortable about
concerns about this plan. having this plan reviewed for safety and other neighborhood
First, I must question it from the point of view of safety. I impact issues.
sincerely wonder if having people three stories above the REFERRED TO THE COMMITTEE ON LEGISLATION,
ground using alcohol would be safe for either themselves or for COMMISSIONER OF COMMUNITY
those below. DEVELOPMENT AND CORPORATION COUNSEL.
Next, I question the necessity of such an expansion. Since the NO.50
Coliseum building became occupied and was renovated several BYRONW.BROWN
years ago, three separate bars, all serving alcohol and none CHANGEOFNAMEOFAPORTIONOF
serving food, have been constructed at the address. Given the MICHIGANAVENUE
plethora of bars on the Pearl / Chippewa / Franklin Street Strip I am writing to formally file the attached petitions on
do we, as a community, really need another? behalf of Mrs. Ellen Morse of Bethel AMP, Church. it is their
My third concern is that of noise. I contacted the owner, Mark desire to change the portion of Michigan Avenue, near Bethel
Croce, when I first heard of his plans and was told that he AME, to Richard Allen Boulevard.
anticipates using "surround sound" on his proposed rooftop As you may know, Richard Allen was the founder of
patio bar. As it relates to such a venue, I'm not sure what the African Methodist Episcopal Church and Bethel AME is
"surround sound" would entail, but given that 1, along with 10 renowned for being one of the last stops of the 'Underground
neighboring apartment units (5 in this building, 4 at 57 West Railroad."
Chippewa, and I nearby on Pearl Street), have a patio, I don't Thank you for your cooperation in this regard. if you
see how "surround sound" could add to the quality of our have any questions or comments, please contact me at 851-
residential life. In this same conversation with Mr. Croce I 5145.
proposed several modifications to his developing plan. He flatly REFERRED TO THE COMMITTEE ON LEGISLATION,
refused them all telling me that I would have the same CORPORATION COUNSEL AND COMMISSIONER OF
grievance process as any other citizen should his proposed PUBLIC WORKS.
rooftop bar become a nuisance. I feel sure that his defensive NO.51
approach tells us that even he realizes his plan will cause CHURCHOFTHEASCENSION
problems in our growing neighborhood. As for the suggested ALLENTOWNARTFESTIVALWEEKEND
compromises that he refused to consider, they were: I understand that pursuant to Resolution No. 131 (1994) the
- Use of the front half of the building only. Beside limiting Church of the Ascension must have prior approval of the
contact to the neighborhood's residential patios and backyards, Common Council before it can conduct or sponsor any out-of-
this would also stop contact with the parking lot behind and door activities during Art Festival event hours. Therefore, this
below the Coliseum in which patrons of Shea's Center for the letter is a formal request to have permission to hold a chicken
Performing Arts park their cars. barbecue on Saturday and Sunday, June 14 and 15, 1997 from
12 noon to 5:00 p.m. Chiavetta's Catering Service, Inc. has
- Installation of a baffle along the North side of the proposed agreed to provide the food and cooking for this important
patio. This would hide his proposed patio's activity from our church fund-raiser.
view as well as help to ensure our continued privacy and quiet As you know, we are an urban church struggling to keep our
use of our patios. doors open in order to serve the needs of this community to the
extent possible. We appreciate your cooperation and
- Excluding the use of -music, either recorded or live, from the assistance in this effort by granting us this request.
proposed rooftop patio. Frankly, should this proposed and ill-Should you have any questions or need to discuss this further,
advised patio ever actually be built the use of music only opens please do not hesitate to contact the undersigned at your
itself to the potential for abuse. convenience at 886-4389 (home) or 886-1669 (work).
REFERRED TO THE COMMITTEE ON LEGISLATION AND
- Limited hours of use, possibly just on Fridays and Saturdays SPECIAL EVENTS.
from 2 PM to Midnight. NO.52
DAVIDJ.CZAJKA
Mr. Croce refused to consider these as options saying words to GOODNEIGHBORHOODAGREEMENT
the effect of, "It's my building, I'll do as I please." And, it is with Attached please find a copy of the city's first Good Neighbor
and because of his "heels dug in attitude" that I ask the City of Agreement negotiated by the Council's Good Neighbor
Buffalo to refuse a permit to Mr. Croce and his establishment Committee with BOC GASES. The signing of this agreement
for the construction of a rooftop bar. This apparent is a historic event marking successful cooperation between a
unwillingness to compromise surely indicates his unwillingness local industry and the Council appointed Committee that lays
to maintain and enforce order on and within such a facility. As the basis for clear communication and understanding for years
a result, this would be to the great detriment of the neighbors to come.
We have also filed a copy of the press release that is being as if such amounts were delinquent taxes, and after an Event
sent out to publicize the signing of the agreement. of Default is declared the PILOT payments are increased on a
REFERRED TO THE COMMITTEE ON LEGISLATION AND prospective basis to the amounts that would be payable as if
THE CORPORATION COUNSEL. the facility were owned by the company, until such time as the
default is cured.
NO.53 Further, when requested by the City, ECIDA counsel
DREW&DREW reviews the lease agreements of non payers to determine what
COMPLAINT-NOISE-1264MAINSTREET course of action, if any, is available to the City. If the
My home and office are located at 159 Linwood Avenue, transaction was closed subsequent to 1990, the bond
comer of Barker. My family has occupied this property since documents will customarily provide that failure to make
early 1942. payments in lieu of taxes constitutes an event of default, and
The purpose of this letter is to lodge a complaint ECIDA will have the remedy of reconveying the property to the
about a noise nuisance coming from the Delta Sonic Car Wash company, which would result in the property being immediately
and filling station located at 1264 Main Street. returned to the tax rolls with full real estate taxes being payable
In late 1996 or very early in 1997, the owners and/or of a prospective basis. Often the threat of reconveyance is
operators of that property installed machinery that created an sufficient to force the company to make payment. For
unreasonably constant loud noise. My belief is that it is an transactions that closed prior to 1990, ECIDA may not have the
electrical generator. remedy of reconveyance of the property, but the documents
When it is running during the day and evening, it is would provide that ECIDA and/or the affected taxing
unreasonable. When it is operating throughout the evening, jurisdictions have the authority to sue the company for
destroying my peace and my sleep, it is unbearable. delinquent PILOT payments (including interest and penalties)
I hereby request that the City of Buffalo take immediate and, in some circumstances, the documents would provide that
action to stop this nuisance. The business should be shut until the delinquency is cured the company is obligated to make
down completely until the machinery has been modified so that full payments in lieu of real estate taxes as if the property were
it cannot be heard beyond the Delta Sonic property lines. owned directly by the company. As the pre-1990 documents
REFERRED TO THE COMMITTEE ON LEGISLATION, are not uniform, ECIDA!s counsel will advise ECIDA and/or
COMMISSIONER OF COMMUNITY DEVELOPMENT, City personnel of the available remedies. Of course, these
CORPORATION COUNSEL, AND COMMISSIONER OF remedies may be limited by intervening bankruptcy or
POLICE. insolvency proceedings or by the company simply being unable
NO.54 to pay its debts, and a decision as to whether it is cost justified
ECIDA to exercise remedies must be made on a case-by-case basis.
RPT.AUDIT-PAYMENTS-IN-LIEU-OFTAXES" In fact, traditionally, most of the chronic long-term defaults are
C.C.P.APRIL11997 occasioned by company bankruptcy. Collection procedures for
The ECIDA appreciates the opportunity to respond to the a firm in bankruptcy are cumbersome, costly and fraught with
Department of Audit & Control audit of the City of Buffalo legal obstacles.
Department of Assessment Payments-in-lieu-of-taxes Specifically, the audit finding fisted three projects in
("PILOTS") program for the period July 1, 1992 to March 1, particular which account for the majority of the past due
1997. This response is intended to not only familiarize you with amounts owed the City. We will reiterate for you the
current procedures employed by the ECIDA for the transfer of information presented in our previous correspondence to the
information relating to PILOT's but to also comment on several City regarding these projects. (Copy of previous response
of the audit findings as well as offer suggestions for attached)
improvements in the program. We were not asked, nor did we Prudential Associates - Representatives of the
attempt to verify the accuracy of the various amounts cited by ECIDA, BEDC and the City of Buffalo are in the process of
the Comptroller in the audit report as underbillings, overbillings, finalizing a payment plan for this facility. A plan has been
delinquencies, etc. negotiated and proposed and we await a response.
When an industrial revenue bond or lease is closed on Marlette Holding - ECIDA transferred out of title in
behalf of an ECIDA client, by law, a copy of the PILOT July, 1996. The property is now generating a full tax bill.
agreement must be mailed to the chief elected official of the Waterfront Associates - Company entered receivership
host municipality. For City of Buffalo projects, the Mayor, in November, 1996. Pursuant to the lease the only remedy
County Executive and School District receive a copy of the available would be to sue the company for payments. However,
PILOT Agreement by certified mail. " this action complies with if a lawsuit was successful, the judgment obtained could be
New York State Legislative requirements it does not address enforced only against the real property (which judgment would
the issue of providing the agreement to the individuals be junior in priority to any existing Hens.)
responsible for the actual billings and collection. Therefore, It is our desire to assist the City as much as possible in
after closing of the bond or lease, we have made it standard not only understanding all PILOT agreements but ensuring that
procedure to forward a copy of the PILOT agreement to the the proper amounts are billed. To this end, we offer our
Senior Tax Clerk in the Tax Office of the City. This ensures availability to conduct "mini workshops" with not only those
that the person who is responsible for maintaining the PILOT individuals directly connected with the PILOT process but also
records at the City level has copies of all agreements. for the members of the Common Council and their staff.
While we recognize that understanding information from a Additionally, we suggest on an annual basis, prior to the billing
12-page PILOT agreement can be a time consuming task, be of the PILOTs, that the ECIDA meet with the Department of
advised there is a standard payment-in-lieu-of-tax policy to Assessment to review the amounts being billed. As PILOT
which the ECIDA adheres. Other than for a rare "custom" bills are sent the ECIDA should receive a copy and receive
PILOT which is negotiated with the Mayor & County Executive prompt notification of any problems or delinquencies. Lastly,
beforehand, all PILOTs comply with the ECIDA's policy for real we will continue to work cooperatively with the City of Buffalo
estate tax abatement. Each agreement which does not contain attempting to collect full payment from those delinquent
a "fixed" amount for a fixed number of years contains an properties.
example of how the PILOT is to be calculated. In closing, the ECIDA appreciates the opportunity to
Under the current arrangement there is virtually no respond to this audit report and to acknowledge the
involvement by the ECIDA, other than providing a copy of the professionalism and diligence exhibited by members of the
PILOT agreement and periodic assistance in interpreting the Comptroller's staff in performing this audit.
agreements. The City of Buffalo prepares and mails the PILOT REFERRED TO THE COMMITTEE ON FINANCE.
bill to the particular company. The ECIDA is not notified, nor
provided a copy of the PILOT billing. Payments, if made, are NO.55
remitted directly from the company to the City of Buffalo. ERIECOUNTYLEGISLATURE
Previously, the only official communication received from the COUNTYMUNICIPALCONSOLIDATIONCOMMITTEE
City of Buffalo pertaining to PILOT's has been an annual letter Attached please find a resolution from the Erie County
received which detailed those PILOT's that had been billed but Legislature designating representatives from the County
were delinquent, and a simultaneous request by the Common Legislatures for the County Municipal Consolidation
Council to report on the delinquencies. Committee.
The procedure currently in place to handle Mrs. LoTempio moved:
delinquent PILOT's is as follows: When a company becomes That the Common Council does hereby agree with
past due, the ECIDA is informed and immediately contacts the the resolution of the Legislature of Erie County from the 9th
company, the results of those efforts being documented, session of the Legislature dated May 1, 1997 and does hereby
copies of which are provided back to various parties at the City. designate those City members of the city/County Consolidation
With respect to projects closed subsequent to 1990, Committee to negotiate with the County on behalf of the City.
delinquent PILOT's accrue interest at the same rate per annum ADOPTED.
NO.56 RECEIVED AND FILED.
ERIECOUNTYLEGISLATURE NO.61
ENERGYANDENVIRONMENTCOMMITTEE G.MORELAND
Attached please find a resolution filed by the Erie HAZARDSAT240HAZELWOOD
County Legislature requesting City officials and unions be Attached please find a letter by Mrs. Gladys Moreland of 240
present at the Energy and Environment Committee. Hazelwood Avenue concerning hazardous conditions at her
REFERRED TO THE COUNCIL PRESIDENT. residence.
REFERRED TO THE COMMITTEE ON LEGISLATION,
NO.57 CORPORATION COUNSEL AND COMMISSIONER OF
KEVINJ.HELFER HUMAN SERVICES, PARKS AND RECREATION.
BAILEYAMHERSTBUSINESSIMPROVEMENT
DISTRICTBUDGET NO.62
According to the contract between the Bailey Amherst MRCTECHNOLOGIES
Business Improvement District (BADMA), the group must file REZONINGOF211COLGATEAVE.
its 1997-1998 budget to the Common Council prior to issuance As the owner of the property located adjacent to the
of the City of Buffalo tax bills. Pursuant to that requirement, subject property highlighted above, both to its west (209
this items must be filed before April 30, 1997. Colgate Ave.), and north (216 Colgate Ave.), I not only support
Attached you will find the BADMA 1997-1998 budget to be filed the rezoning request but actually prefer it be rezoned C-2.
for the next Common Council meeting. Please let me know I believe this re-classification will be more in-keeping
what other information you may need. I can be reached at 851-with the flavor of the adjacent neighborhood and the business.
5165. Thank you for the opportunity to allow me to give my opinion.
Thank you for your assistance with this request. RECEIVED AND FILED
Mrs. LoTempio moved: NO.63
That the above communication from the Councilmember Kevin 100BLACKMEN
J. Helfer dated ETHNICCOMMUNITYDAY-NORTHAMERICAREPARK
April 28, 1997, be received and filed; and Once again Ethnic Community Day at North AmeriCare Park is
That this Common Council approve the Bailey Amherst being co-sponsored by the 100 Black Men of Buffalo and the
Business Improvement District Budget for 1997-98. Buffalo Bisons. This year's festival is dedicated to the honor of
PASSED the 56h anniversary of Jackie Robinson's entrance into major
AYES- 12 NOES- 0 league baseball, and to those Buffalonians who played in the
NO.58 Negro Baseball league.
R.KWARCIAK Among the activities will be ethnic foods, live entertainment,
CODEVIOLATIONS-116FREDO and a few vendors. Since the main purpose of the vendors is
Since 8-16-94, the City of Buffalo, Building Inspector to add to the African-American spirit of the evening, we are
Jim Kleinsmith and his immediate supervisor Sam Phillips has respectfully, again, requesting that the City waive the 15%
failed to correct a problem at 116 Fredro, Bflo, 14206, by assessment fee on the vendors in the ball park. Their purpose
enforcing City and State Code is not to create revenue but to add "atmosphere" to this night of
The owner of 116 Fredro is dumping all the water that collects enjoyment.
on the North side of his house approx. 1000 sq. ft. directly Your prompt response to this request is greatly appreciated.
behind his house on adjacent properties. RECEIVED AND FILED
This is in violation of the Charter and Code of the City of NO.64
Buffalo, N.Y. #242-5 Sec B and various State codes. ROBERTQUINTANA
CODES RULES & REG. of the STATE OF N.Y. 9(B); #903-2, NOMINATEMEMBERSBOARDOFHUMANRELATIONS
Sec.1244.1, 1242.5A. I would like to nominate the Following two individuals to sit on
Under these and all applicable, City and State Codes, I ask the the board of the Commission of Human Relations:
City to enforce the codes and correct the situation. Ms. Coco Wozniak, 508 Connecticut St,Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON LEGISLATION AND Phone: 885-8980
THE COMMISSIONER OF COMMUNITY DEVELOPMENT. Mr. David Rivera, 362 Fourteenth St., Buffalo, NY 14213
Phone: 882-3774
NO.59 Thank you for your consideration.
MICHAEL.LEWANDOWSKI REFERRED TO THE COMMITTEE ON LEGISLATION
INTERESTARBITRATIONAWARD
CITYOFBUFFALOANDBUFFALOPROFESSIONALNO.65
FIREFIGHTERS STUDENTINADVANCESECONOMICS&GOVERNMENT
Pursuant to your telephone call, this provides a clarification of SCHOOLTAXRELIEF
the above award. We, the students in an Advanced Economics & Government
As chair of the panel that rendered the award, I intended to course at South Park High School, respectfully request that the
increase the firefighters salaries by the same amount awarded Common Council of Buffalo, New York address the Common
to the Buffalo police as a result of their most recent interest Council regarding the School Tax Relief (STAR) legislation that
arbitration award. The police saw a permanent increase in Governor Pataki has proposed to the New York State
salary of 2% on salaries for the one-year award period and an Legislature. We would like to attend and discuss this proposal
additional 1% on the resultant salaries for one-half of the award at a meeting of the Common Council's Standing Committee on
period. This increase was carried forward into subsequent Education in terms of its effect on Buffalo city schools.
years. The firefighters award directly models the police award. We ask that your honorable body consider our request and look
The police carried the resultant salaries forward from the period forward to your response. It would be our honor to express our
of the award thus making the increase a permanent increase. I concerns over this legislation's effect on our educational
intended the award to have the same result for the firefighters system.
thus making the increases referred to in the award permanent You may contact our teachers Julie Carter and Robert Elardo
increases. Both the police and firefighters salaries would, of with your questions or concerns. Thank you for your time and
course be subject to modifications that resulted from future consideration.
collective bargaining or interest arbitration awards. REFERRED TO THE COMMITTEE ON EDUCATION
The above comments on the award that resulted from the panel
I chaired. A's I understand it. there currently a dispute pending PETITIONS
before PERB over whether the City is required to carry the NO.66
terms of any interest arbitration award forward beyond the E.C.I.D.A.,owner, petition to use 195 Dingens for a pole sign.
stated term of the award. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
I hope the above clarifies the meaning of the interest arbitration CITY PLANNING BOARD AND THE COMMISSIONER OF
award. COMMUNITY DEVELOPMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO.67
NO.60 Ellicott Mall Partnership, owner, petition to use 401 Michigan
MCLEAN-THOMAS for a pole sign.
FILINGREZONINGW/COUNTY-165SYCAMOREST. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Attached please find a notification from McLean-Thomas CITY PLANNING BOARD, AND THE COMMISSIONER OF
notifying the City Clerk's office of filing the rezoning petition for COMMUNITY DEVELOPMENT
165 Sycamore Street in the County Clerk's office on May 2,
1997. NO.68
Ship Canal, owner, petition to use 9 City Ship Canal for a pole NO.80
sign. APPOINTMENT
REFERRED TO THE COMMITTEE ON LEGISLATION, THE SUBSTANCEABUSESPECIALIST
CITY PLANNING BOARD AND THE COMMISSIONER OF That Communication 58, April 29,
COMMUNITY DEVELOPMENT 1997 be received and filed and the Permanent appointment of
Ida Berzon stated above at the Maximum salary $27,509.00
NO.69 effective on April 23, 1997 is hereby approved.
Port Crescent Land, owner, petition to use 15 City Ship Canal PASSED
for a storage bldg./storage area. AYES - 12 NOES - 0
REFERRED TO THE COMMITTEE ON LEGISLATION, THE NO.81
CITY PLANNING BOARD AND THE COMMISSIONER OF APPOINTMENT
COMMUNITY DEVELOPMENT LABORERII
That Communication 59 be received
NO.70 and filed and the Permanent appointment of Gary Augustiniak
Auto Zone, owner, petition to use 1592-1608 Main St. for a pole stated above at the Intermediate salary $10.49 ph effective on
sign. April 23, 1997 is hereby approved.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE PASSED
CITY PLANNING BOARD AND THE COMMISSIONER OF AYES - 12 NOES - 0
COMMUNITY DEVELOPMENT NO.82
NOTICESOFAPPTS-TEMP./PROV/[ERM/
NO.71 ITEMNO.71,CCP,APRIL29,1997
Herman D. Spencer, owner, petition to use 10 Glendale for a 2 That the above item be and the same is hereby received and
family dwelling. filed.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ADOPTED
CITY PLANNING BOARD AND THE COMMISSIONER OF NO.83
COMMUNITY DEVELOPMENT SALARYORDINANCEAMENDMENT
40-DEPARTMENTOFPUBLICWORKS
NO.72 1-DIVISIONOFENGINEERING
M&T Trust Co., owner, petition to use 476 Louisiana for a pole 013-OPERATIONOFBRIDGES
sign. (ITEMNO.156,C.C.P.,APR.29,1997)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE That the Salary Ordinance Amendment as contained in Item
CITY PLANNING BOARD AND THE COMMISSIONER OF No. 156, C.C.P., April 29, 1997, be and the same hereby is
COMMUNITY DEVELOPMENT approved.
PASSED
NO.73 AYES- 12 NOES- 0
Neil Kavanaugh, Owner, Petition to rezone 211 Colgate Ave. NO.84
from R2 to C2 for expansion of business. DETECTIVE'SEXAM
REFERRED TO THE COMMITTEE ON LEGISLATION, THE (ITEM#158CCPAPRIL29,1997)
CITY PLANNING BOARD AND THE COMMISSIONER OF That the above mentioned Item be and the same is hereby
COMMUNITY DEVELOPMENT. received and filed.
ADOPTED
NO.74 FINANCE
Thomas J. Pisa and others - Request traffic flow on Columbus HON.DAVIDFRANCZYK
Pkwy. be reversed between Columbus Park West and Porter CHAIRMAN
Avenue from one-way northbound to one-way southbound. NO.85
RECEIVED AND FILED. FEDERALENTERPRISECOMMUNITYOFBUFFALO-
GANGSUPPRESSIONUNITPROGRAM
REGULARCOMMITTEES (ITEMNO.49,C.C.P.,MAR.18,1997)
CIVILSERVICE That the above item be, and the same hereby is, returned to the
HON.DAVIDCZAJKA Common Council without recommendation.
CHAIRMAN Mr. Franczyk moved that the above item be recommitted to the
NO.75 Committee on Finance.
MINORITYHIRINGATWATERAUTHORITY(A&F) ADOPTED.
(ITEM#58CCPAPRIL15,1997) NO.86
That the above mentioned Item be and the same is hereby REPLY-AUDIT-INREMACTION#30(ASMT)
received and filed. (ITEM#15CCPAPRIL29,1997)
ADOPTED That the above mentioned Item be and the same is hereby
NO.76 received and filed.
MINORITYHIRINGATWATERAUTH.(PW) ADOPTED
(ITEM#26CCPAPRIL29,1997) NO.87
That the above mentioned Item be and the same is hereby REPLY-AUDITINREMNO.30"SALESRESCINDED"(CC)
received and filed. (ITEM#28CCPAPRIL29,1997)
ADOPTED That the above mentioned Item be and the same is hereby
NO.77 received and filed.
MINORITYHIRINGATWATERAUTH.(CSC) ADOPTED
(ITEM#62CCPAPRIL29,1997) NO.88
That the above mentioned Item be and the same is hereby EXPLORECITYPAYPHONE/LIC.AGREE.(COMPT)
received and filed. (ITEM#15CCPAPRIL15,1997)
ADOPTED That the above mentioned Item be and the same is hereby
NO.78 received and filed.
APPOINTMENT ADOPTED
ASSOCIATEAUDITOR NO.89
That Communication 13, April 29, PAYPHONERENTAL/LICENSES(PW)(#27,12/23)
1997 be received and filed and the Permanent appointment of (ITEM#93CCPAPRIL15,1997)
William P. Murphy stated above at the Maximum salary That the above mentioned Item be and the same is hereby
$36,322.00 effective on April 21, 1997 is hereby approved. received and filed.
PASSED ADOPTED
AYES - 12 NOES - 0 NO.90
NO.79 REQ.INFO.-OUTSTANDINGBONDS
APPOINTMENT (ITEM#147CCPAPRIL15,1997)
PROGRAMCOORDINATOR That the above mentioned Item be and the same is hereby
That Communication 57, April 29, received and filed.
1997 be received and filed and the Intermediate appointment of ADOPTED
Larry Middlebrooks stated above at the Intermediate salary NO.91
$26,441.00 effective on April 21, 1997 is hereby approved. RESPONSE-OUTSTANDINGCITYBONDS(COMPT)
PASSED (ITEM#8CCPAPRIL29,1997)
AYES - 12 NOES - 0 That the above mentioned Item be and the same is hereby
received and filed. PASSED
ADOPTED AYES- 12 NOES- 0
NO.100
NO.92 REQUESTTORESCINDDEMOLITIONBID-337BOX,ETC.
INFO-OUTSTANDINGCITYBONDS(A&F) (ITEMNO.46,C.C.P.,APR.29,1997)
(ITEM#52CCPAPRIL29,1997) That the award by the Commissioner of
That the above mentioned Item be and the same is hereby Community Development of emergency demolition contracts to
received and filed. Great Lakes Contracting, Inc. for 337 Box, 192 Moselle and
ADOPTED 782 South Division be rescinded for non-performance of
NO.93 contract. That the Commissioner of Community Development
BONDCLOSEOUTS be, and he hereby is authorized to award emergency demolition
(ITEMNO.7,C.C.P.,APR.29,1997) contracts to Youngs Auto & House Wrecking, at a cost of
That the Comptroller be, and he hereby is $4,980.00, relating to 337 Box; at a cost of $5,335.00, relating
authorized to closeout the Bond Accounts as listed in the above to 192 Moselle; to J. Martin, at a cost of $6,800.00, relating to
communication. Upon the closing of these accounts, 782 South Division, are hereby confirmed, ratified and
$1,294,960.55 can be used as a resource to pay 1997-98 City approved, with said cost to be charged against Special
debt and $1,920,777.11 can be used as a resources to pay Assessment Fund #500-000-002-00000, and that said cost
future debt service. shall be collected against the owner or person in possession of
PASSED the premises and/or shall be assessed against the property
AYES- 12 NOES- 0 benefited, in accordance with Chapter II 3 of the Code of the
NO.94 City of Buffalo.
AUDIT-HSPRGOLFCOURSEFEES(COMPT) PASSED
(ITEM#9CCPAPRIL29,1997) AYES- 13 NOES- 0
That the above mentioned Item be and the same is hereby NO.101
received and filed. COMPLAINT-TICKET/PKG.METER(A&F)
ADOPTED (ITEM#51CCPAPRIL29,1997)
NO.95 That the above mentioned Item be and the same is hereby
AUDIT-FED.STATE&LOCALFIN.ASST.PROG.ENDINGreceived and filed.
6/30/96 ADOPTED
(ITEM#10CCPAPRIL29,1997) LEGISLATION
That the above mentioned Item be and the same is hereby HON.ALFREDT.COPPOLA
received and filed. CHAIRMAN
ADOPTED NO.102
NO.96 WATERGATE11-PETITIONTOUSE32HERTEL-
MEMORANDUMAGREEMENT-GANGENERALANTENNAS
INSURANCECO.-SHEA'SMARQUEERESTORATION (ITEMNO.75,C.C.P.,APR.15,1997)
(ITEMNO.18,C.C.P.,APR.29,1997) That the above item be, and the same
That the Commissioner of Public Works hereby is, returned to the Common Council without
be, and he hereby is, authorized to enter into a Memorandum recommendation.
Agreement between the City and Gan General Insurance Co. Mr. Coppola now moved:
with regards to Midland Empire Constructors Inc., failure to That after a public hearing before the
complete punch list items on their contract for the Marquee and Committee on Legislation on April 29, 1997 the petition of
Grand Window Restoration at the Shea's Performing Arts Watergate 11, owner, (CellularOne), for permission to use 32
Center (C #91753400). Hertel Avenue to install antennas be, and hereby is approved
PASSED on the condition that Cellular One (BTC) agrees to pay the City
AYES - 12 NOES - 0 of Buffalo a percentage of its gross revenues under the utility
NO.97 tax.
LEASEAGREE-PENN.ADV. PASSED
(ITEM#31CCPAPRIL29,1997) AYES- 12 NOES- 0
That the above mentioned Item be and the same is hereby NO.103
received and filed. RONALDY.ALSHEIMER,PETITIONTOREZONE2540
ADOPTED DELAWAREAVENUE
NO.98 (ITEMNO.87,C.C.P.,APR.29,1997)
REPORTOFEMERGENCYDEMOLITION25VERPLANCK That the above item be, and the same hereby is, returned to the
(ITEMNO.42,C.C.P.,APR.29,1997) Common Council without recommendation.
That the award by the Commissioner of Mr. Coppola moved that the above item be recommitted to the
Community Development of emergency demolition contracts to Committee on Legislation.
Integrated Waste & Special Services, at a cost of $182,150.00, ADOPTED.
relating to 25 Verplanck, a/k/a St. Nicholas School; to Demco, NO.104
at a cost of $32,000.00, relating to 25 Verplanck, a/k/a St. 2468GROUP,INC.-PETITIONTOUSE492GRANTST.-
Nicholas Convent and Garage, are hereby confirmed, ratified POLESIGN
and approved, with said cost to be charged against Special (ITEMNO.88,C.C.P.,APR.29,1997)
Assessment Fund #500-000-002-00000. That after a public hearing before the
PASSED Committee on Legislation on April 29, 1997 the petition of 2468
AYES- 12 NOES- 0 Group, Inc., for permission to use 492 Grant Street for a pole
NO.99 sign be, and hereby is approved on the condition that it be no
REQUESTTORESCINDDEMOLITIONBID-OFFERSFORmore than 3 5 square feet in area and 18 feet in overall height
96ARCHIE,ETC. and that landscaping is provided at the base of the pole.
(ITEMNO.45,C-C,P.,APR.29,1997) PASSED
AYES- 12 NOES- 0
That the award by the Commissioner of NO.105
Community Development of emergency demolition contracts to RITEAIDOFNEWYORK,INC.-PETITIONTOUSE1909
Great Lakes Contracting, Inc. for 96 Archie Place, 371-73 SOUTHPARK-POLESIGN
Broadway, 26 Davis, 97 Mortimer, 193 Shumway, 299 (ITEMNO.89,C.C.P.,APR.29,1997)
Sycamore, 254 Peckham and 370 Sherman Streets be That after a public hearing before the
rescinded for non-performance of contract. That the Committee on Legislation on April 29, 1997 the petition of Rite
Commissioner of Community Development be, and he hereby Aid of New York, Inc., for permission to use 1909 South Park
is authorized to award emergency demolition contracts to Avenue for a pole sign be, and hereby is approved on the
Youngs Auto & House Wrecking, at a cost of $3,388.00, condition that it be no more than 20 feet in overall height and
relating to 96 Archie Place; at a cost of $8,028.00, relating to that landscaping is provided at the base of the pole.
371-73 Broadway; to Lebis Enterprises, at a cost of $4,500.00, PASSED
relating to 26 Davis; to Battaglia Concrete, at a cost of AYES- 12 NOES- 0
$4,545.00, relating to 97 Mortimer; to Youngs Auto & House NO.106
Wrecking, at a cost of $4,647.00, relating to 193 Shumway; at ALEXANDERDRAPANAS-PETITIONTOUSE105
a cost of $4,037.00, relating to 299 Sycamore, are hereby ELMWOOD-TAKE-OUTRESTAURANT
confirmed, ratified and approved, with said cost to be charged (ITEMNO.90,C.C.P.,APR.29,1997)
against Capital Projects Fund #200-241-003-00000. That after a public hearing before the
Committee on Legislation on April 29, 1997 the petition of license" to Mr. Michael Sherk, owner of The Zoo Bar, located at
Alexander Drapanas, for permission to use 105 Elmwood 75 West Chippewa Street, to install a sidewalk cafe, which
Avenue for a take-out restaurant be, and hereby is approved. would encroach city right-of-way at said address, subject to the
PASSED following conditions:
AYES- 12 NOES- 0 1. That the applicant obtain any and all other City of Buffalo
NO.107 permits necessary for said installation.
NYSINS.DEPT.-INFO.AUTOINS.RATESINCITY 2. That the sidewalk cafe be installed exactly as shown on
(ITEM#92CCPMARCH19,1997) plans submitted to and approved by the Department of Public
That the above mentioned Item be and the same is hereby Works, Division of Buildings.
received and filed. 3. That the sidewalk cafe does not exceed forty feet (40') in
ADOPTED length or extend more than six feet (6) from the building or
NO.108 public sidewalk.
AUTOINSR.RATES-ROCHESTERVS.SUBURBS 4. That no portion of the sidewalk cafe be permanent in nature
(ITEM#174CCPJULY23,1996) or permanently affixed to the main building or public sidewalk.
That the above mentioned Item be and the same is hereby 5. That the sidewalk cafe be completely removed from City
received and filed. right-of-way from November 15 to April I each year.
ADOPTED 6. That the applicant be assessed the annual fee of two dollars
NO.109 ($2.00) per square foot of City right-of-way occupied by said
NYSINS.DEPT.-AUTOINS.RATES sidewalk cafe as described in Chapter 413, Article IX, Section
(ITEM#75CCPSEPTEMBER17,1996) 59 (Sidewalk Cafes) of the City Ordinances. (40'x 6'= 240 sq.
That the above mentioned Item be and the same is hereby ft. x $2.00 = $480.00/year).
received and filed. 7. That the applicant supply the City of Buffalo with a five
ADOPTED thousand dollar ($5,000.00) construction in street bond or
NO.110 certificate of insurance which will indemnify and save harmless
REQ.STOPSIGN.-KINGSLEY/ROEHRER(PW) the City of Buffalo against any and all loss and damage out of
(ITEM#20CCPJULY9,1996) the construction, maintenance, use and removal of said
That the above mentioned item be and the same is sidewalk cafe.
hereby received and filed. PASSED
ADOPTED AYES- 12 NOES- 0
NO.111 NO.115
ORDINANCEAMENDMENTCHAPTER175FEES ERIECO.SHERIFF-CONCERNS-LOSSOF
(ITEMNO.209,C.C.P.,MAR.4,1997) PKG.SPACE/DELAWAREAVE.
(ITEMNO.142,C.C.P.,APR.1,1997) (ITEM#77CCPAPRIL29,1997)
That the above item be, and the same That the above mentioned Item be and the same is
hereby is, returned to the Common Council without hereby received and filed.
recommendation. ADOPTED
Mr. Coppola now moved: NO.116
That the Ordinance Amendment as ORDINANCEAMENDMENTCHAPTER175FEES
contained in Item No. 209, C.C.P., March 4, 1997 be and the (ITEMNO.155,C.C.P.,APR.29,1997)
same hereby is approved. That the Ordinance Amendment as contained in Item No. 155,
PASSED C.C.P., April 29, 1997 be and the same hereby is approved.
AYES - 12 NOES - 0 PASSED
NO.112 AYES- 12 NOES- 0
NOTIF.SERIALS#8870-8882(PW) NO.117
(ITEM#17CCPAPRIL29,1997) ORDINANCEAMENDMENTCHAPTER216-GARBAGE,
That the above mentioned Item be and the same is RUBBISHANDREFUSE
hereby received and filed. (ITEMNO.166,C.C.P.,APR.29,1997)
ADOPTED That the above item be, and the same
NO.113 hereby is, returned to the Common Council without
ENCROACH-622MAINSTREET-SIDEWALKCAFE recommendation.
(ITEMNO.24,C.C.P.,APR.29,1997) Mr.Coppola moved:
That the Commissioner of Public Works be, and he hereby is That the Ordinance Amendment as contained in Item No. 166,
authorized to issue a "mere license" to Mr. Tony Hurliman, C.C.P., April 29, 1997 be and the same hereby is approved.
owner of Cheers Restaurant, located at 622 Main Street, to PASSED-
install a sidewalk cafe, which would encroach city right-of-way AYES - 12 NOES - 0
at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo COMMUNITYDEVELOPMENT
permits necessary for said installation. HON.DALEZUCHLEWSKI
2. That the sidewalk cafe be installed exactly as shown on CHAIRMAN
plans submitted to and approved by the Department of Public NO.118
Works, Division of Buildings. $5,000,000CDBGFLOATLOAN-SUPERMARKET
3. That the sidewalk cafe does not exceed thirty-five feet (35') MANAGEMENT,INC.
in length or extend more than ten feet (10') from the building or D/B/ATOPSSUPERMARKET-NIAGARASTREET
public sidewalk. (ITEMNO.72,C.C.P.,APR.29,1997)
4. That no portion of the sidewalk cafe be permanent in nature That this Common Council approves a $5,000,000.00
or permanently affixed to the main building or public sidewalk. Community Development Block Grant Float Loan for the
5. That the sidewalk cafe be completely removed from City activities as listed in the above communication to be
right-of-way from November 15 to April I each year. undertaken by Supermarket Management Inc. d/b/a/ TOPS
6. That the applicant be assessed the annual fee of two dollars Supermarket - Niagara Street on the condition that the site plan
($2.00) per square foot of City right-of-way occupied by said be submitted to the Department of Community Development
sidewalk cafe as described in Chapter 413, Article IX, Section and the City Planning Board for review and approval of the
59 (Sidewalk Cafes) of the City Ordinances. (35'x 10'= 350 sq. landscaping.
ft. x $2.00 = $700.00/year). PASSED
7. That the applicant supply the City of Buffalo with a five AYES- 12 NOES- 0
thousand dollar ($5,000.00) construction in street bond or NO.119
certificate of insurance which will indemnify and save harmless SECTION108FUNDS-PUBLICPARKINGAREA-
the City of Buffalo against any and all loss and damage out of NIAGARAANDMARYLAND
the construction, maintenance, use and removal of said (ITEMNO.73,C.C.P.,APR.29,1997)
sidewalk cafe. That this Common Council approves a $1,000,000.00
PASSED Community Development Block Grant Section 108 Guaranteed
AYES- 12 NOES- 0 Loan for the activities as listed in the above communication to
NO.114 be undertaken by the Buffalo Enterprise Development
ENCROACH-75WESTCHIPPEWASTREET-SIDEWALKCorporation, as developer and program administrator for the
CAFE construction of a Public Parking Area on Niagara and Maryland
(ITEMNO.25,C.C.P.,APR.29,1997) Streets. The interest rate assessed will be at the prevailing
That the Commissioner of Public Section 108 rate. This approval is conditioned on the site plan
Works be, and he hereby is authorized to issue a "mere being submitted to the Department of Community Development
and the City Planning Board for review and approval of the there should be a period of amnesty before the program is
landscaping. implemented;
PASSED Now, Therefore Be It Resolved:
AYES- 12 NOES- 0 That a six-month residency amnesty period be established to
NO.120 allow employees to acknowledge that they are in violation of the
B.BROWN-EAF-AMENDCH.467-FORESTPROTECTIONresidency requirement, but will establish residency in the city
ACT during that time; and
(ITEM#75CCPAPRIL29,1997) Be It Further Resolved:
That the above mentioned Item be and the same is That the specifics of the policy be developed in cooperation
hereby referred to the committee on Legislation. with the administration, unions and Council, including the
ADOPTED starting date; and
RESOLUTIONS Be It Finally Resolved:
NO.121 That any violation of the residency requirement after the
By: Mr. Brown, Ms. Gray, and Ms. Williams amnesty period will result in immediate termination and possibly
MINORITYLENDINGATBUFFALOENTERPRISEa fine.
DEVELOPMENTCORP. REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
Whereas: As the City of Buffalo attempts to revitalize THE CIVIL SERVICE COMMISSION AND THE
distressed communities, and to increase the tax base by way of CORPORATION COUNSEL.
providing incentives to stimulate investment by area and NO.123
national companies, an aggressive effort to use our economic By:Messrs Byron W. Brown, Mrs. Gray, Williams and
development efforts should be made to assist minority Lockwood
companies; and AMENDCITYORDINANCESOLIDWASTECOLLECTION
Whereas: The Buffalo Enterprise Development USERFEE
Corporation is the economic entity of the City of Buffalo Whereas: The Solid Waste Collection User Fee was
charged with the responsibility of spurring development established to fund the public collection of solid waste in the
opportunities for all citizens in all communities; and City of Buffalo; and
Whereas: In recent weeks many residents of Buffalo's Whereas: Pursuant to Section 294. 1. Residential User
inner-city neighborhoods have expressed concerns related to Fees part C, "All residential user fees are payable in advance
the lack of adequate investment in economic development as indicated on the bill", and part A " If the owner chooses to
efforts with minority owned businesses; and pay the quarterly installment, that quarterly payment must be
Whereas: There are scores of minority owned businesses made within ten ((10) days of the billing date"; and
that could benefit and prosper if they were offered the services Whereas: There have been numerous complaints made to
and benefits of BEDC; and Council offices regarding the added burden of the User Fee on
Whereas: The City of Buffalo must begin to reverse the homeowners, especially low income residents and senior
current trends that discourages minority owned business to citizens; and
utilize the services of BEDC, in addition requiring our Whereas: This added burden may cause real property
development agencies to make more aggressive efforts to owners to pay the User Fee quarterly. Even with the quarterly
provide services, loans, and grants to businesses owned by payment schedule many User Fee payments are received after
African-Americans, Hispanics, and women; and the ten ((10) day deadline, adding interest and other penalties
Now, Therefore, Be It Resolved: to the bill; and
That the Buffalo Enterprise Development Corporation file with Whereas: Additional time should be given to allow those
this Common Council a detailed report that clearly states how willing to pay at the time of billing but needing additional time to
many loans were awarded since 1994. The report should get money together.
indicate how many loans were awarded to women, African-Now, Therefore, Be It Resolved:
Americans, Hispanics, and other minorities by category That the Corporation Counsel prepare an amendment to the
including the amounts for each loan; and Solid Waste Collection User Fee to allow payment to be due in
Be it Further Resolved: ten (10) days but postponing late fees and other interest for 30
That the Buffalo Enterprise Development Corporation provide a days; and
comparative analysis on its lending practices that indicates the Be it Further Resolved:
percentage of loans, grants, and other incentives given to That the amendment to the above mentioned ordinance allow
minority and women owned businesses since 1994 to services the Common Council the ability to waive late fees if the fee
grants, loans, and incentives given to majority owned payer can demonstrate hardship, making it impossible to pay
businesses; In addition to how BEDC loans to minorities on time; and
compares to the City of Rochester and the City of Cleveland; Be it Finally Resolved:
and That the ordinance amendment coincide with the proposed
Be it Finally Resolved: Solid Waste Collection User Fee Late Charge Amnesty
That the Buffalo Enterprise Development Corporation establish Program covering the billing period between October 1 1996
a policy to increase minority lending and technical assistance through June 30 1997.
for neighborhood based businesses and other entrepreneurs REFERRED TO THE COMMITTEE OF THE WHOLE.
committed to economic development activities in this city.
REFERRED TO THE COMMITTEE ON COMMUNITY NO.124
DEVELOPMENT AND BEDC By: Mr. Brown, Mrs. Gray,Williams and Lockwood
NO.121 WAIVEUSERFEELATECHARGE
By: Mr. Brown Whereas: The City established a Solid Waste Collection
AMNESTYPROGRAMFOREMPLOYEERESIDENCY User Fee program in which all fees are payable in advance;and
Whereas: All City employees, except those exempted by Whereas: If the User fee is not paid within ten ((10) days
state law, are required to live in the City of Buffalo; and of the billing date, the City will add one and one half percent per
Whereas: The City has not traditionally done an effective month daily and one and one-half percent for each month until
job of enforcing its residency requirements; and the bill is paid. Real property owners may face added costs
Whereas: It has been alleged that a significant number of from administrative, legal expenses, and collection charges.
City employees who are covered by this residency requirement Late payers may also have a lien imposed against their
are illegally living outside the City; and property; and
Whereas: This Common Council has gone on record in Whereas: The collection of residential user fees is now at
support of full enforcement of the residency provisions for City about 77%, as many homeowners have not paid, either due to
employees; and the inability to afford the cost at the time of billing and/or a
Whereas: The City should establish a clear policy which misunderstanding of the program; and
states that violations or falsifications of residency Whereas: The City must do a better job of public
documentation are grounds for immediate termination and education, including giving City residents a better
possibly a fine of up to $1500; and understanding of how, where and when to pay the fee.
Whereas: This is not a policy that would seek to hurt the Discussions in Council and Committee meetings, as well as
innocent dependents of violators, but would simply attempt to communications with the Law Department, indicate that the
effectively enforce a valid provision of the law and promote policy for payment must be clearly detailed in writing; and
compliance; and Whereas: As with any new program the public should be
Whereas: Because this aggressive enforcement program given the time and information to thoroughly understand how
would be a change in past policy, and because the ultimate the User Fee billing system works and the ramifications for not
goal of the residency program is to ensure that City employees paying this fee; and
live in the City and not to deprive anyone of his or her livelihood, Whereas: A Solid Waste Collection User Fee penalty
waiver for City of Buffalo real property owners would provide a This Common Council is concerned about the current tax
more realistic time frame for those who are willing to pay while disagreement between the State of New York and the Seneca
allowing all residents to acquire a greater awareness of Nation and the negative publicity it has caused for Albany, and
propose and rational for establishing this system. especially the Western New York region, which could impact
Now, Therefore, Be It Resolved: the plans of summer vacationers, especially those using the
That the City of Buffalo grant a waiver to Solid Waste thruway, and requests that a truce be declared with the Seneca
Collection User Fee penalties to all City of Buffalo real property Nation until the tax issue is finally resolved- and
owners; and Be it further resolved that
Be It Further Resolved: The City Clerk send certified copies of this resolution to the
That the User Fee Late Charge Waiver cover the billing period Governor, the President of the Seneca Nation, the Mayor of
between October 1, 1996 through June 30, 1997 and no real Salamanca, the Western New York delegation to Albany, the
property owner will be charged late fees or have interest state delegation to Washington, and the President of the United
accrued against their bill during this period. For those who States.
have already paid the fee with a late charge, a credit to their ADOPTED
account must be established for the amount paid in penalties; NO.127
and By: Messrs. Coppola and Pitts
Be It Finally Resolved: REQUESTINFO-NIMOCONTRACTS
That following the June 30, 1997 conclusion of the User Fee Whereas: Yearly, the City of Buffalo and its ancillary
Late Charge Waiver program, a 30 day grace period following agencies collectively pay approximately $3 0 million for electric
the billing period will be granted before late fees and penalties power from Niagara Mohawk Power Corp. and
begin to accrue. Whereas: Due to the state of the city's finances and the
REFERRED TO THE COMMITTEE OF THE WHOLE. high cost of electric power, it would benefit this Council during
the current budget deliberations to have for reference purposes
NO.125 copies of any present and/or expired contracts with Niagara
By Mr. Coppola Mohawk Power Corp.
CHANGEENFORCEMENTPOLICY-ALTERNATENow therefore be it resolved that
PARKING Due to the city's finances, the high cost of electric power, and
Whereas: Type I Alternate Parking permits parking on one the current budget deliberations, this Common Council
side of a street from 4:00 PM Sunday to 4:00 PM Wednesday, requests copies of any present and/or expired contracts with
and on the other side from 4:00 PM Wednesday to 4:00 PM Niagara Mohawk Power Corp. from Corporation Counsel, the
Sunday; and Comptroller's office, and Department of Public Works.
Whereas: This parking program is designed mainly to REFERRED TO THE COMMITTEE ON LEGISLATION,
ensure that cars are moved on a regular basis to allow for the CORPORATION COUNSEL, COMPTROLLER AND
efficient pick-up of garbage and the proper removal of snow COMMISSIONER OF PUBLIC WORKS.
during the winter; and
Whereas: Many residents have claimed that Parking NO.128
Enforcement is too aggressive in exacting compliance of By: Messrs. Coppola and Brown
alternate parking; and QUESTIONSREGARDINGCURRENTWATERBILL
Whereas: There is a particular concern about sending COLLECTIONPRACTICES
parking enforcement officers to neighborhoods shortly after the Whereas: The City of Buffalo contracted with Amana to
change-over on Sunday afternoons, when many people are collect outstanding water bill balances- and
either away or have visitors at their homes; and Whereas: This most recent water bill has caused
Whereas: Ticketing cars so aggressively serves no considerable confusion in the community with constituents
practical purpose, especially during the summer months, other receiving one bill from Amana with no explanations other than
than to generate revenue for the City; and the past due balance, and then another from the city with a
Whereas: What this policy does is create a great deal of different amount which includes current usage fees as well as
anger and disgust in the communities that are targeted; and a collection fee and collection commission (is there a
Whereas: Parking Enforcement should revise its policy difference?); and
regarding alternate parking so that it will meet the original goals Whereas: As this Common Council is presently involved in
of this type of parking without being overly burdensome and budget deliberations, it would be beneficial to have pertinent
costly for residents of the City; information from the administration regarding current water bill
Now, therefore be it resolved: collection practices.
That this Common Council requests that the Director of Now therefore be it resolved that
Parking Enforcement review its parking enforcement policies This Common Council requests the following information from
regarding alternate parking, and implement new policies that the Mayor's and Comptroller's offices, and the Commissioners
are more in accord with the purpose of alternate parking and of Administration & Finance and Department of Public Works:
are more sensitive to the needs and concerns of the 1. What is the total amount of past due water bill balances
community. turned over to Amana for collection?
REFERRED TO THE COMMITTEE ON LEGISLATION, THE 2. What arrangements is Amana making for payment plans?
COMMISSIONER OF ADMINISTRATION 3. What is the interest rate?
AND FINANCE AND THE CORPORATION COUNSEL. 4. Why is there a collection fee as well as a collection
commission?
NO.126 5. If the city bill shows the collection fee and collection
By: Mr. Coppola commission as a miscellaneous charge, is this charge also
DECLARETRUCEWITHSENECANATION included in the Amana bill, which only shows balance due and
Whereas: The current tax disagreement between the State does not break down specific charges.
of New York and the Seneca Nation has escalated into a REFERRED TO THE COMMITTEE ON FINANCE THE
severe financial crisis for not only the Seneca Nation, but also COMMISSIONER OF ADMINISTRATION AND FINANCE,
the entire surrounding community, including the City of THE COMMISSIONER OF PUBLIC WORKS AND THE
Salamanca- and COMPTROLLER.
Whereas: The state regularly awards large corporations tax NO.129
exemptions through a variety of government programs but is By; Mr. Czajka
arguing with the Seneca Nation, a sovereign nation within our SALARYORDINANCEAMENDMENT
state boundaries, over taxes; and 01-COMMONCOUNCIL
Whereas: The tax disagreement has created negative 1-DIVISIONOFCITYCLERK
feelings toward Albany, as well as a public relations crisis for 001CITYCLERK
the state due to extensive coverage on national news programs, The Common Council of the City of Buffalo does ordain as
as well as concern for the safety of state troopers, residents, follows:
and travelers- and That part of Section 1 of Chapter 35 of the Code of the City of
Whereas: The Seneca Nation sent representatives to Buffalo, relating to 01 Common Council 1 - Division of City
Albany to no avail, and have now descended upon Washington Clerk 001 City Clerk, which reads:
to request assistance, and 1 Assistant Deputy City Clerk $36,282
Whereas: The current stalemate has done nothing but is hereby amended as follows:
create hard feelings and misunderstandings; therefore, the 1 Deputy City Clerk (Vital Statistics) $36,282
public's best interest would be served by declaring a truce with WE, CHARLES L MICHAUX, III , City Clerk and JAMES B.
the Seneca Nation until the tax issue is finally resolved. MILROY, Director of the Budget, hereby certify that the
Now therefore be it resolved that above changes are necessary for the proper conduct,
administration and performance of essential services of that By : Mr. Franczyk
department. We recommend that the compensation for said INCREASEDAPPROPRIATION
positions be fixed at the respective amounts set forth in the UNRESERVEDFUNDBALANCE
foregoing ordinance. VARIOUSDEPARTMENTS
That a personnel requisition incident to the creation of the GENERALCITYCHARGES
above-mentioned position, containing a statement of the duties That, Pursuant to Section 41 of the Charter and the Certificate
for such position, has been filed with the Municipal Civil of the Mayor and the Comptroller submitted to the Common
Service Commission, and said Commission has approved and Council, the appropriation in the budget for the current fiscal
certified the position title set forth in the foregoing ordinance as year for Appropriation Allotments - Various Departments &
being the appropriate Civil Service title for the proposed General City Charges be and the same hereby is increased in
positions. the sum of $2,369,673.
APPROVED AS TO FORM That, the comptroller be and hereby is authorized and directed
Michael Risman to transfer the sum of $2,369,673 from 100-890-060 - Fund
Corporation Counsel Balance - Unreserved to meet this increased appropriation as
LAID ON THE TABLE set forth below:
NO.130 To:
By: Mr. Czajka 100 General Fund
SALARYORDINANCEAMENDMENT 10 - Department of General Services
04-DEPARTMENTOFAUDIT&CONTROL 4 - Division of Inventory & Stores
2-DIVISIONOFACCOUNTING 001- Inventory Management Materials & Supplies
001ACCOUNTING 450 - Automotive Maintenance Supplies 55000
$,
The Common Council of the City of Buffalo does
451 - Automotive Repair Supplies 20,000
ordain as follows-
452 - Fuel & Lubricants 82,000
That part of Section 1 of Chapter 35 of the Code of the City of
Purchase of Services
Buffalo, relating to 04 -
541 - Postage 87,500
Department of Audit and Control 2 - Division of Accounting 001
Accounting, which reads-
40 - Department of Public Works
2 Associate Accountant $32,213 - $37,643
I - Division of Engineering
1 Computer Accounting
012 - Lighting of Streets
Control Coordinator $32,213 - $37,643
Purchase of Services
is hereby amended as follows.-
561 - Road & Highway Repairs 30,000
3 Associate Accountant $32,213 - $37,643
2 - Division of Buildings
IT IS HEREBY CERTIFIED, pursuant to Section 34 of
031 - Operation & Maintenance of Public Buildings
the Charter, that the immediate passage of the foregoing
Purchase of Services
ordinance is necessary.
560 - Building Repairs & Alterations 126,000
WE, JOEL A. GIAMBRA, Comptroller and JAMES
B. MILROY, Director of the Budget, hereby certify that the
81 - General City Charges
above changes are necessary for the proper conduct,
2 - Miscellaneous Charges
administration and performance of essential services of that
805 - BMHA Subsidy 1,461,315
department. We recommend that the compensation for said
809 - Judgment & Claims - Prior Years' 140,000
positions be fixed at the respective amounts set forth in the
3 - Fringe Benefits
foregoing ordinance.
176 - Reserve for Agreements w/City Unions 367,858
APPROVED AS TO FORM
Total 29369,673
MICHAEL RISMAN
PASSED
CORPORATION COUNSEL
AYES - 12 NOES - 0.
PASSED
AYES - 12 NOES - 0
NO.134
NO.131
By: Mr. Franczyk
By: Mr. Czajka
FRANCZYKPARKNEIGHBORHOOD
EXCUSECOUNCILMEMBERDAVIDA.FRANCZYKFROM
Whereas: The Franczyk Park neighborhood has been
COUNCILMEETING
continually terrorized by it's youth;
Whereas: Council Member Franczyk will be out of town being
and
honored at a reception in Albany by the State Preservation
Whereas: The Park, itself, has been subject to recurrent
League- and
vandalism by neighborhood youth;and
Therefore Be It Resolved:
Whereas: The T.J. Dulski Community Center, which
That Council Member David A. Franczyk be excused from the
houses a Youth Group, has been the object of vandalism and
May 13, 1997 Common Council Meeting.
graffiti; and
ADOPTED
Whereas: It is rumored that the latest rash of potentially
NO.132
deadly and undoubtedly dangerous house fires are the handy-
By: Mr. Franczyk
work of neighborhood teens; and
TRANSFEROFFUNDS
Whereas: Parents, community leaders, and children have
EXEMPTITEMS-RESERVEFORCAPITAL
come together to rally against this behavior to no avail; and
IMPROVEMENTS
Whereas: This recent behavior has clearly crossed the
CAPITALPROJECTSFUND-DIVISIONOFBUILDINGS
proverbial line;
That pursuant to section 42 of the Charter and the Certificate
Now, Therefore Be It Resolved:
of the Mayor and the Comptroller submitted to the Common
That the Commissioner of Fire report to this Common Council
Council, the sum of $75,000 be and the same is hereby
all incidences of arson in this neighborhood and updates on
transferred from the Reserve for Capital Improvements account
any investigations; and
and said sum is hereby reappropriated as set forth below:
Be It Further Resolved:
From:
That the Department of Neighborhoods, Housing, and
100 General Fund
Inspections report to this Council the status of all abandoned
81-9 - Exempt Items
buildings, including plans for demolition; and
842 - Reserve for Capital Improvements $75,000
And Be It Finally Resolved:
To:
The Commissioner of Police report to this Common Council a
81-8 Interfund Transfers
plan to curtail this unceasing juvenile criminal activity, and also
010 - Transfer to Capital Projects Fund $75,000
report on any ongoing investigations into the same.
From:
REFERRED To THE COMMITTEE ON LEGISLATION, THE
81-8 Interfund Transfers
COMMISSIONER OF POLICE, THE COMMISSIONER OF
010 - Transfer to Capital Projects Fund $75,000
FIRE AND THE COMMISSIONER OF COMMUNITY
To:
DEVELOPMENT.
200 Capital Projects
NO.135
40-2 - Division of Buildings
By: Ms. Gray
063 - Reconstruction Swimming & Diving Pools $75,000
RESIDENCYREQUIREMENTSANDENFORCEMENTFOR
PASSED
EMPLOYEESOFTHEDIVISIONOFWATER
AYES - 12 NOES - 0
Whereas: In recent weeks many employees and citizens
have expressed mixed views related to the privatization of the
NO.133
services provided by the Division of Water; and
Whereas: Many employees and residents have asked Association and the Mid-Olympic Block Club; and
whether or not employees of the Division of Water are required Whereas: Mr. Saunders has continued to foster
to reside in the City of Buffalo; and leadership, provide guidance to elected officials, remain
Whereas: Additional concerns have centered around the involved in the events that shape the future of his
role of department heads and city officials to maintain neighborhood, and most recently received the Dorothy
correct/accurate addresses for employees of this division, in Richardson Award for Resident Leadership Development by
addition data on all city employees; and the Neighborhood Reinvestment Corporation and the National
Whereas: Residency and the enforcement of residency Neighborworks Network; and
rules continues to be one of largest public concerns related to Whereas: Mr. Edward Saunders has been a vocal and
the operation of their local government; and determined resident in support of providing opportunities for
Whereas: City taxpayers have demonstrated extreme youth to develop and fulfill their dreams and potential; and
dissatisfaction with paying suburbanites wages that contribute Whereas: Mr. Saunders has worked tirelessly for 14 years
to the improvement in the quality of life for communities outside to see a recreation center built in the Bailey/Kensington area of
of Buffalo; and the University District;
Now, Therefore, Be It Resolved: Now, Therefore, Be It Resolved:
That the Department of Administration and Finance, the Law That Saturday, May 24, 1997 shall be deemed to be Edward
Department and the Division of Water file with the Common Saunders Day in the City of Buffalo; and
Council whether or not the employees of the Division of Water Be it Finally Resolved:
are required to reside in the City of Buffalo; and That the new community center/police precinct building located
Be it Further Resolved: at 2777 Bailey Avenue in the City of Buffalo be named the
That the Division of Water indicate their policy for maintaining Edward Saunders Unity Center.
accurate information related to the address or residence of its ADOPTED
employees. That the Division of Water file with the Common NO.138
Council the current address for all of its employees; and By: Ms. Kavanaugh and Mr. Brown
Be it Finally Resolved: MEMORIALIZENEWYORKSTATELEGISLATUREAND
That the Municipal Civil Service Commission indicate whether NEWYORKSTATEDEPARTMENTOFSOCIAL
or not employees of the Division of Water are required maintain SERVICES:AMENDSOCIALSERVICEREGULATIONS
city residency as a qualification for employment. If yes, have Whereas: New York State Department of Social Services
any employees of the Division of Water been investigated Regulations, 18 N.Y.C.R.R., Section 352.4 (a) states, "a social
and/or found guilty for violation of residency requirements? services official may approve a grant, not to exceed $2,500
How many employees of the Division of Water reside within the toward the purchase of an interest in a cooperative unit in a low
City of Buffalo? Please file with the Common Council the cost housing development;" [emphasis added] and
accurate address for all employees of the Division of Water. Whereas: This provision works very well for certain areas
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, of New York State, such as the downstate area, in which
CORPORATION COUNSEL, COMMISSIONER OF cooperative units are commonplace; and
ADMINISTRATION AND FINANCE, BUFFALO WATER Whereas: Unfortunately, this provision is meaningless for
BOARD, AND CIVIL SERVICE COMMISSION. certain other areas, such as the City of Buffalo, where
cooperative units are extremely rare; and
NO.136 Whereas: Although cooperative units are not common in
By: Ms. Gray the City of Buffalo, housing prices in Buffalo are such that
ELIMINATERESIDENCYWAIVERSFOREMPLOYEESOFsocial service recipients could use this onetime grant money
THECITYOFBUFFALO toward the purchase of private housing; and
Whereas: The Buffalo Common Council continues to Whereas: In addition, many low-income tenants currently
respond to the public outcry over the large number of non-city pay rent in amounts high enough that they could use the money
residents working for this municipality; and to pay a monthly mortgage; and
Whereas: The Common Council continues to memorialize Whereas: Allowing social service recipients to use this
the New York State Legislature and the Western New York grant money towards the purchase price of private housing
delegation to amend the Public Officers Law which exempts would assist the City in increasing the number of owner-
certain employees from living in the city; and occupants, strengthen the tax base and stabilize our
Whereas: Many citizens, city employees, and legislators neighborhoods; and
have suggested that the Common Council should enforce Now, Therefore, Be It Resolved:
residency requirements for persons currently mandated to live That this Common Council memorializes the New York State
in the City of Buffalo as a qualification for employment; and Legislature and the New York State Department of Social
Whereas: Too often new hires and current employees are Services to amend New York State Department of Social
given residency waivers for six months, 60 or 90 days, to Services Regulations, 18 N.Y.C.R.R., Section 352.4 (a) "a
secure a new home or residence; and social services official may approve a grant, not to exceed
Whereas: In many of the local towns and villages, new $2,500 toward the purchase of an interest in a cooperative unit
hires and current employees are required to be residents of the in a low cost housing development" to allow social service
municipality prior to commencing employment; and recipients to use the grant money toward the purchase of
Whereas: New hires of the City of Buffalo should be private housing; and
required to be city residents prior to starting employment, this Be it Further Resolved:
strategy would decrease the on-going problem of trying to That the City Clerk forward certified copies of this resolution to
ensure that employees are following residency rules; the Clerk of the New York State Legislature, to the members of
Now, Therefore, Be It Resolved: the Western New York Delegation of the New York State
That the Civil Service Commission and the Division of Labor Legislature, to the New York State Department of Social
Relations cease to allow employees residency waivers except Services, and the Erie County Department of Social Services.
those mandated by New York State Municipal Laws. ADOPTED
Additionally, that new hires be required to be residents of the NO.139
City of Buffalo prior to starting employment; and By: Ms. Kavanaugh, Mr. Coppola and Ms. Williams
Be it Finally Resolved: DISPLAYBANNERSFORFOREVERELMWOOD
That the Division of Labor Relations and the Civil Service GARDENWALK
Commission eradicate the current process of granting six Whereas: The Garden Walk Fund Committee will
month, 90 day and 60 day waivers of residency requirements celebrate its annual "Forever Elmwood Garden Walk" on July
for new and current employees. 26 and July 27, 1997- and
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, Whereas: To promote this event celebrating the beauty of
THE CIVIL SERVICE COMMISSION AND THE their neighborhood, the Garden Walk Fund Committee has
COMMISSIONER OF ADMINISTRATION & FINANCE. requested permission to display two banners: one hung from
Jimmy Mack's Restaurant to light post #554, across Elmwood
NO.137 at Anderson St. and a second on Delaware Avenue between
By: Messrs. Helfer & Pitts and Mrs. LoTempio W. Tupper and Edward St.
EDWARDSAUNDERSDAYINTHECITYOFBUFFALO Whereas: The organizers would like to display the banners
Whereas: Mr. Edward Saunders, 253 Olympic Avenue, in from July 1, 1997 through July 31, 1997;
the University District of the City of Buffalo, has been a lifelong Now, Therefore, Be It Resolved:
community leader; and That this Common Council grants permission to the Garden
Whereas: Mr. Saunder's community activities include Walk Fund Committee to display the banners, pursuant to the
formation of the Tenants Council for the Ellicott Project; conditions established by the Commissioner of Public Works,
founding of the Sherman Homeowners and Tenants the Corporation Counsel and the Special Events Advisory
Committee. Buffalo shall make written application to the Commissioner of
PASSED the Department of Community Development for a building
AYES - 12 NOES - 0 permit. The application shall include the following information
NO.140 and items:
By: Ms. Lockwood 1) An inventory of its existing communication towers and
DISPLAYBANNERSAINTMARTIN'SLAWNFETE antennas and sites approved for communication towers and
Whereas: Saint Martin's Church, located on Abbott Road, antennas that are within the jurisdiction of the City of Buffalo
will sponsor their third Annual Lawn Fete from Friday, July 25 - and within one mile of the border thereof including detailed
Sunday, July 27; and information about the location, height and design of each
Whereas: To promote last years' event, the Saint Martin's communication tower and antenna.
Lawn Fete Committee received permission to display a banner 2) A detailed site plan for the proposed communication tower
across Abbott Road; and or antenna showing, at a minimum, the exact location of the
Whereas: The committee is requesting assistance from proposed communication tower or antenna together with guy
the City to display the 1997 banner along the same location on wires and anchors if applicable; the maximum height of the
Abbott Road from June 27 through July 27. proposed communication tower; a description of the
Now Therefore Be it Resolved: communication tower type, such as, monopole, lattice, guyed,
That the Public Works Department be directed to display the or other type; the color of the communication towers and
banner promoting the Saint Martin's Lawn Fete across the antenna; the location, type and intensity of any proposed
appropriate portion of Abbott Road from June 25 through July locate at a City-owned building, structure or property and shall
27. specify the reasons why such a location is not suitable.
PASSED 12) In the event that the proposed location is in a historic
AYES - 12 NOES - 0 district designated under Buffalo Code 337, that applicant shall
NO.141 submit proof that a certificate of appropriateness has been
By: Mrs. Lockwood obtained.
PERMISSIONTORANGBANNERSAINTTHOMAS13) The applicant must submit a copy of its policy regarding
AQUINASPARISH co-location on any proposed communication tower or antenna
Whereas: Saint Thomas Aquinas Parish Community, with other potential future applicants. Such policy should at a
located in South Buffalo, requests permission to erect banners minimum allow co-location in the event that the new
along Abbott Road from Tamarack Street to Athol Street to communication tower or antenna does not exceed structural
celebrate and acknowledge the Saint Thomas Aquinas Family; loading requirements and that the party desiring to co-locate
and has a similar policy for co-location for the applicant.
Whereas: Saint Thomas Aquinas Parish Community 14) Any other information as may be reasonably requested by
requests permission to permanently display the banners. The the Commissioner of the Department of Community
banners will be installed by a private company. Development.
Now Therefore Be It Resolved: Section 103-61 Referral to the City Planning Board or other
That the City of Buffalo grant permission to permanently appropriate City Agencies.
display the banners along the City Right - of - Way and work The Commissioner of the Department of Community
with the Parish Community to ensure the banners are correctly Development shall refer the application to the City Planning
and safely installed. board. The City Planning Board is hereby authorized to make
PASSED. recommendations to the Commissioner of the Department of
AYES - 12 NOES - 0 Community Development to fulfill the intent and purpose of this
NO.142 Article and the Commissioner may include such
By Ms. Lockwood recommendations as conditions to any permit issued under this
ORDINANCEAMENDMENT Article. The Commissioner may also refer the application to
CHAPTER103 other appropriate agencies, including but not limited to, the
The Common Council of the City of Buffalo does hereby ordain Department of Public Works and the Zoning Board of Appeals.
as follows: Section 103-62 General Standards for Communication
Towers and Antennas
That Chapter 103 of the Code of the City of Buffalo be A) All communication towers and antennas shall be
amended to add a new Article VII that shall read as follows: constructed in accordance with all applicable laws, rules and
ARTICLE VII regulations and maintained in good order and repair.
Communication Towers and Antennas B) All communication towers and antennas must comply with
Section 103-58 Legislative Intent. the provisions of Buffalo Code Chapter 51 1 Article XXIX
The intent of this Article is to establish guidelines for the C) The applicant must comply with all applicable State and
location of communication towers and antennas to: protect Federal regulations including but not limited to FAA and FCC
residential areas and land uses by minimizing potential adverse regulations.
impacts of communication towers and antennas; encourage the D) During the application process and every three years after
location of communication towers and antennas in non-construction or placement of a communication tower or
residential areas; minimize the total number of communication antenna the applicant/owner shall provide a certification from a
towers throughout the City of Buffalo by encouraging co-qualified Professional Engineer registered in the State of New
location on any new or existing communication towers; York certifying that the communication tower or antenna meets
encourage the location of communication towers and antennas applicable structural safety standards.
in areas where any adverse impact on the community is E) The applicant shall agree to remove the communication
minimal; encourage the construction and use of communication tower or antenna if it becomes obsolete or ceases to be used
towers and antennas in a way that minimizes the adverse visual for its intended purpose for twelve (12) consecutive months.
impact of the communication towers and antennas through The Commissioner of the Department of Community
careful design, siting, and landscape screening; enhance the Development shall require the applicant to provide a demolition
ability of the providers of telecommunications services to bond in an amount to be determined by the Commissioner of
provide such services to the community in a quick, effective the Department of Community Development based on the cost
and efficient manner; protect the public health and safety by of removal for purposes of covering the cost of removal in the
ensuring that communication towers and antennas are event that the applicant fails to remove the communication
constructed and located in a safe manner. tower or antenna.
Section 103-59 Definitions F) Prior to obtaining a building permit under this Article, the
The definitions applicable to this Article are contained in Article applicant shall certify that all franchises and licenses required
XXVII of Buffalo Code Chapter 511 in addition to the general by any governmental entity including the City of Buffalo have
definitions applicable to the Code of the City of Buffalo. been obtained and shall file a copy of all required franchises
Section 103-60 Permit required for Communication Towers and licenses with the Commissioner of the Department of
and Antennas Application. Community Development.
A. General All newly constructed, relocated, rebuilt or Section 103-63 Decision on Application by the
extended communication towers and antennas shall comply Commissioner
with the provisions of this Article. No person shall construct, A) The Commissioner shall respond to an application filed
maintain or operate a communication tower or antenna without under this Article within sixty (60) days after receiving it by
complying with the provisions of. this Article. either approving the application and granting a building permit
B. Application for a Building Permit for Communication or denying the application.
Towers and Antennas, lighting on the communication tower or antenna; a property
All persons seeking to construct, locate, rebuild, relocate or survey identifying the property boundaries of the proposed
extend a communication tower and antenna in the City of location; proof of the landowner's consent if the applicant will
not own the property, together with any lease agreement In addition to complying with the requirements of this Article,
between the applicant and the landowner; the location of all any applicant desiring to construct, operate or maintain a
structures on the property and all structures on any adjacent communication towers and antenna on a City owned location
property within fifty (50) feet of the property lines together with shall enter into a lease for the property subject to terms and
the distance of these structures to the communication tower or conditions as may be negotiated by the Common Council.
antenna; the names of adjacent landowners; the location, Section 103-65 - Severability,
nature and extent of proposed fencing, landscaping and If any clause, sentence, paragraph or part of this local law or
screening; the location and nature of proposed utility application thereof to any person or circumstance shall be
easements and access roads if applicable; and building adjudged by any court to be invalid, such judgment shall not
elevations of accessory structures or immediately adjacent affect, impair or invalidate the remainder thereof or the
buildings. application thereof to other persons and circumstances but
3) A description of the backhaul network identifying the entity shall be confined in its operation to the clause, sentence,
providing service to the telecommunication tower and antenna paragraph or part thereof and the persons and circumstances
and describing the location of the lines providing such service. directly involved in the controversy in which such judgment
Such description shall include information sufficient for the shall have been rendered.
Commissioner of Community Development to determine REFERRED TO THE COMMITTEE ON FINANCE.
whether any portion of the backhaul network is within City right-
of way and describing where the lines providing service to the NO.143
telecommunication tower or antenna cross City right-of-way. By: Ms. Lockwood
4) Sufficient proof that the applicant is a licensed FCC ORDINANCEAMENDMENT
telecommunications provider or has in place agreements with CHAPTER511-ZONING
an FCC licensed telecommunications provider for use or lease The Common Council of the City of Buffalo does hereby ordain
of the communication towers or antenna. as follows:
5) A safety analysis of the electromagnetic environment That Chapter 511 of the Code of the City of Buffalo be
surrounding the proposed communication tower or antenna amended to add a new Article XXIX that shall read as follows:
location demonstrating that the electromagnetic radiation ARTICLE XXIX
exposure and emissions do not exceed applicable Federal Communication Towers and Antennas
standards. Such analysis shall be prepared by a qualified Section 511-154 Legislative Intent.
electromagnetic engineering specialist or health professional
qualified to conduct such an analysis. The intent of this Article is stated in Buffalo Code
6) A completed Environment Assessment Form. Chapter 103, Article VII, Section 10358.
7) The appropriate fee as established by the Common
Council. (See, Buffalo Code Chapter 175, fees). Section 511-155 Definitions.
8) Evidence to demonstrate that the proposed location of the The following definitions shall apply to this Article in
communication tower or antenna is necessary to provide addition to the definitions contained in Buffalo Code Section
telecommunication services. Such evidence shall include a 511-4.
search ring prepared by a qualified Radio Frequency Engineer ANTENNA - Any device or exterior apparatus
and approved by a Professional Engineer registered in the mounted on a tower, building, utility pole, light pole or other
State of New York which depicts a map demonstrating the area structure designed for telephonic, radio, data, Internet or
within which the communication tower or antenna needs to be television communications to transmit or receive
located in order to provide proper signal strength and coverage. communications signals or electromagnetic waves for the
Such evidence shall also include propagation studies prepared purpose of providing cellular services, telecommunication
by a qualified Radio Frequency Engineer and approved by a services, personal communications services, personal wireless
Professional Engineer registered in the State of New York services, wireless cable, commercial paging, data, or wireless
demonstrating existing signal coverage contrasted with the services and its attendant base station.
proposed signal coverage resulting from the proposed ACCESSORY COMMUNICATION STRUCTURE -
communication towers or antenna. Any accessory facility, structure or building serving or being
9) In the event that the applicant is seeking approval for an used in conjunction with a communication tower or antenna.
antenna to be mounted or attached on an existing Examples of such structures include utility or transmission
communication tower, building or structure, the applicant shall equipment storage sheds or cabinets.
provide a structural analysis verifying the ability of the COMMUNICATION TOWER - Any structure that is
communication tower, building or structure to handle the designed and constructed for the purpose of supporting one or
antenna. more antennas intended for transmitting or receiving television,
10) Evidence to demonstrate that the height requested for the am/fm radio, digital, microwave, cellular, telephone or similar
proposed communication towers or antenna is the minimum forms of electronic communication, including without limit,
height necessary. freestanding towers, guyed towers, lattice towers, monopole
11) Evidence to demonstrate the applicant's reasons for towers, self-supporting towers and similar structures. The
selecting the proposed location and the availability or lack of term includes the structure and any support elements such as
availability of a suitable structure within the applicant's search guy wires.
ring of the City which would have allowed for a co-located 100% CLEAR ZONE - The requirement that in the
antenna or mounting on an existing structure. The applicant event of a tower failure, the entire height of the tower would fall
shall provide information showing that it has made a good faith completely within the boundaries of the property on which it is
and diligent effort to co-locate on existing towers or other located.
available and appropriate structures and/or to construct new Section 511-156 - Location of Communication Towers and
communication towers and antennas near existing Antennas.
communication towers and antennas in an effort to consolidate A. Communication towers or antennas that are
by, among other things, submitting correspondence which has proposed to be mounted or attached on existing communication
been presented by the applicant to other telecommunication towers, buildings or structures shall be permitted in any R
providers requesting co-location. In the event that the District as an accessory use provided that the height of the new
proposed location is not a City-owned building, structure or communication tower or antenna shall not exceed 10 feet above
property, the applicant shall provide information showing that it the highest point of the existing communication towers,
has made a good faith and diligent effort to buildings or structures and that the number of total
B) The Commissioner shall base his decision on the following communication towers or antennas located on any single
criteria. structure is not excessive, does not adversely affect adjacent
1) That the applicant has complied with the requirements of properties and does not dominate in area, extent or purpose,
this Article. the principal lawful use or building. Newly constructed,
2) That a review under the State Environmental Quality relocated, rebuilt or extended communication towers are
Review Act has been conducted. prohibited in any R District.
3) That the proposed location meets the zoning requirements B. Communication towers or antennas that are
contained in Buffalo Code Chapter 511 Article XXIX proposed to be mounted or attached on existing communication
4) That all necessary referrals and approvals have been towers, buildings or structures shall be permitted in any C, M,
performed and obtained. DO, RR, IP, TD District provided that the height of the new
C. Denial of Application communication tower or antenna shall not exceed 10 feet above
Any denial of an application by the Commissioner shall be the highest point of the existing communication towers,
made in writing and contained buildings or structures.
in a written record specifying the reasons for the denial. C. Communication towers or antennas that are
Section-103-64 City owned locations, proposed to be mounted or attached on existing communication
towers, buildings or structures shall be permitted in any SD COMMISSIONER OF POLICE AND THE COMMISSIONER
District provided they are approved individually by the Common OF ADMINISTRATION & FINANCE.
Council under Buffalo Code Section 511-55.
D. Communication towers that are proposed to be NO.145
constructed shall be permitted in any C or M District provided By: Mrs. LoTempio
that a 100 % Clear Zone as defined in Section 511-155 is ORDINANCEAMENDMENT
maintained and that the proposed location for the CHAPTER137-CODEENFORCEMENT
communications tower is not within One Hundred (100) feet of The Common Council of the City of Buffalo does
any residentially zoned property. Newly constructed hereby ordain as follows:
communication tower or antenna are prohibited in any district That Section 137-7 of Chapter 137 of the Code of
other than a C or M District. the City of Buffalo be amended to read as follows:
Section 511-157 - Standards for Communication Towers and Initial Additional Maximum
Antennas. Fine Penalty Penalty Total
The following standards apply to all communication FINE
towers, antennas and accessory communication structures CLASS F $150.00 $150.00 $150.00 $450.00
regulated by this Article. abandoned -junk automobile in the city §413 -4
A. Communication towers shall be designed to provide APPROVED AS TO FORM
for colocation by at least two (2) providers, or designed so that Michael Risman
they can be retrofitted to accommodate at least two (2) Corporation Counsel
providers. NOTE: Matter underlined is new.
B. All communication towers and guy wires and REFERRED TO THE COMMITTEE ON LEGISLATION, THE
anchors, if applicable shall be enclosed by a fence of not less COMMISSIONER OF POLICE AND THE COMMISSIONER
than eight (8) feet in height or otherwise sufficiently protected OF ADMINISTRATION & FINANCE.
from trespassing or vandalism.
C. Communication towers shall either be gray in color, NO.146
have a galvanized steel finish or be painted a neutral color so By: Mrs. LoTempio
as to reduce visual obtrusiveness, unless otherwise required by ORDINANCEAMENDMENT
the Federal Aviation Administration ("FAA"). CHAPTER454-TOWTRUCKS
D. Communication towers shall not be artificially lighted The Common Council of the City of Buffalo does hereby ordain
unless required by the FAA or other applicable authority. If as follows:
lighting is required, the lighting alternatives and design chosen That Chapter 454 of the Code of the City of Buffalo be
shall to the fullest extent possible cause the least disturbance amended to read as follows:
to the surrounding areas. § 454-2. License required.
E. No signs or advertising materials of any nature shall A. It shall be unlawful after the effective date of this
be allowed on any communication tower or antenna. chapter for any person to conduct the business for
F. Unless otherwise provided, communication towers, compensation of owning and operating or causing to be
antennas and accessory communication structures shall operated a tow truck within the City of Buffalo without first
comply with all existing setback requirements within any zoning having obtained a license in the manner hereinafter set forth.
district. B Any person violating the provisions of this Section may be
G. All accessory communication structures shall be liable for penalties as prescribed in Chapter 137, Article 1, of
designed, sited and screened to minimize its visibility from this Code.
surrounding public streets or neighborhoods using suitable § 454-5. Display and transferability of license.
materials, colors, textures, screening and landscaping. A. Upon the issuance of such license, the holder
H. Communication towers and antennas that are thereof shall be allowed to operate a tow truck for
proposed to be mounted or attached on existing communication compensation within the City of Buffalo, provided that he
towers, buildings or structures shall be designed so as to make conspicuously displays in clear and legible letters of at least
the equipment as visually unobtrusive as possible and to the two (2) inches in height on both doors of the tow truck the
full extent possible shall be harmonious with the architectural owner's name, business location and telephone number and
fabric of the supporting structure and the surrounding area. the number of his license or otherwise identifies himself as a
Section 511-158 - Variances. holder of a valid license from the City of Buffalo; and provided,
In the event that the requirements of this Article further, that such license number or other identification of the
cannot be met, any aggrieved party may file for a variance license holder is displayed conspicuously in clear and legible
pursuant to the procedures contained in Article XXIV of this letters of at least four (4) inches in height on both doors of the
Chapter. tow truck.
Section 511-159 - Severability B. No license issued under this chapter shall be
If any clause, sentence, paragraph or part of this transferable or assigned or used by any other person other
local law or application thereof to any person or circumstance than the one to whom it is issued.
shall be adjudged by any court to be invalid, such judgment C Any person violating the provisions of this Section may be
shall not affect, impair or invalidate the remainder thereof or the liable for penalties as prescribed in Chapter 137, Article I, of
application thereof to other persons and circumstances but this Code.
shall be confined in its operation to the clause, sentence, APPROVED AS TO FORM
paragraph or part thereof and the persons and circumstances Michael Risman
directly involved in the controversy in which such judgment Corporation Counsel
shall have been rendered. NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF POLICE AND THE COMMISSIONER
NO.144 OF ADMINISTRATION & FINANCE.
By: Mrs. LoTempio
ORDINANCEAMENDMENT NO.147
By: Mrs. LoTempio
CHAPTER413-STREETSANDSIDEWALKS
The Common Council of the City of Buffalo does hereby ordain
ORDINANCEAMENDMENT
as follows:
CHAPTER137-CODEENFORCEMENT
That Section 413-4 of Chapter 413 of the Code of
The Common Council of the City of Buffalo does
the City of Buffalo be amended to read as follows:
hereby ordain as follows:
F. Any person who willfully abandons any junk
That Section 137-7 of Chapter 137 of the Code of the City of
automobile on the streets or public property of the City of
Buffalo be amended to read as follows:
Buffalo or upon private property, except at a place licensed by
the city for dumping or at a city dump or at a licensed junkyard,
I Initial Additional Maximum
shall be subject to a fine or penalty as provided in [Chapter 1,
Fine Penalty Penalty Total
General Provisions, Article III, General Penalty,] Chapter 137,
FINE CLASS B $30.00 $30.00 $30.00 $90.00
Article I of this Code.
APPROVED AS TO FORM
Unmarked tow truck or improperly displayed tow truck, §454-5
Michael Risman
Corporation Counsel
Initial Additional Maximum
NOTE: Matter in brackets [ ] to be deleted; matter underlined
Fine Penalty Penalty Total
is new.
FINE CLASS C $52.50 $52.50 $52.50 $157.50
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Unlicensed tow truck, §454-2 the City of Buffalo be amended to read as follows:
APPROVED AS TO FORM § 144-16. License required.
Michael Risman A. No person who is a landscaper or snow remover
Corporation Counsel shall conduct landscape or snow removal activities or remove
Note: Matter underlined is new. any landscape materials or snow or transport the same through
REFERRED TO THE COMMITTEE ON LEGISLATION THE or upon any street, avenue, parkway, road, boulevard or
COMMISSIONER OF POLICE AND THE COMMISSIONER highway within the City of Buffalo, unless he or she shall have
OF ADMINISTRATION & FINANCE. first obtained a license from the Director of Licenses and shall
have agreed to conform to the provisions of this chapter.
NO.148 B. Failure to comply with this section shall constitute a
By: Mrs. LoTempio violation of this section and shall be .punishable by a Class C
ORDINANCEAMENDMENT fine in the amount of Fifty-two dollars and Fifty cents ($52.50).
CHAPTER137-CODEENFORCEMENT This shall be in addition to any other penalty provided in the
The Common Council of the City of Buffalo does hereby ordain Code of the City of Buffalo or in any other law.
as follows: APPROVED AS TO FORM
That Section 137-7 of Chapter 137 of the Code of the City of Michael Risman
Buffalo be amended to read as follows: Corporation Counsel
NOTE: Matter underlined is new.
Initial Additional Maximum REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Fine Penalty Penalty Total COMMISSIONER OF POLICE AND THE COMMISSIONER
FINE CLASS A $10.50 $10.50 $10.50 $31.50 OF ADMINISTRATION & FINANCE.
[Vending machines, § 483-2] NO.152
By: Mrs. LoTempio
Initial Additional Maximum
ORDINANCEAMENDMENT
Fine Penalty Penalty Total
CHAPTER263-LICENSES
FINE CLASS B $30.00 $30.00 $30.00 $90.00
The Common Council of the City of Buffalo does hereby ordain
Vending machines, § 483-2
as follows:
That Section 263-14 of Chapter 263 of the Code of
APPROVED AS TO FORM
the City of Buffalo be amended to read as follows:
Michael Risman
§ 263-14. Fireworks.
Corporation Counsel
A. Permits required for public display of fireworks. All
NOTE: Matter in brackets [ ] to be deleted; matter under-
permits where a public display of fireworks shall be issued by
REFERRED TO THE COMMITTEE ON LEGISLATION THE
the municipality to religious or civic organizations, fair
COMMISSIONER OF POLICE AND THE COMMISSIONER
associations, amusement parks or organizations of individuals
OF` ADMINISTRATION & FINANCE.
authorized to be issued by Subdivision 2 of § 405.00 of the
Penal Law shall be issued by the Director of Housing and
NO.149
Inspections of the City of Buffalo. No such permits for a public
By: Mrs. LoTempio
display of fireworks shall be issued by the Director of Housing
ORDINANCEAMENDMENT
and Inspections of the City of Buffalo without the written
CHAPTER137-CODEENFORCEMENT
permission or approval of the Commissioner of Police and
The Common Council of the City of Buffalo does
Commissioner of Fire and the filing with the Director of
hereby ordain as follows:
Housing and Inspections of a bond or a liability policy as
That Section 137-7 of Chapter 137 of the Code of
required under Subdivision 4 of § 405.00 of the Penal Law. A
the City of Buffalo be amended to read as follows:
fee as provided in Chapter 175, Fees, shall be charged by the
Initial Additional Max.
Director of Housing and Inspections for issuing any such
Fine Penalty Penalty Total
permit. The above-mentioned bond or liability policy shall be
FINE CLASS B $30.00 $30.00 $30.00 $90.00
approved as to form by the Corporation Counsel and as to
sufficiency by the Comptroller of the City of Buffalo. The
Garbage not properly stored, § 216-8
permit shall indicate the period during which such public
APPROVED AS TO FORM
displays shall last. Failure to obtain a permit pursuant to this
Michael Risman
section shall constitute a violation of this section and shall be
Corporation Counsel
punishable by a Class C fine in the amount of Fifty-two dollars
Note: Matter underlined is new.
and Fifty cents ($52.50) This shall be in addition to any other
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
penalty provided in the Code of the City of Buffalo or in any
COMMISSIONER OF POLICE AND THE COMMISSIONER
other law,
OF ADMINISTRATION & FINANCE.
APPROVED AS TO FORM
Michael Risman
NO.150
Corporation Counsel
By: Mrs. LoTempio
NOTE: Matter underlined is new.
ORDINANCEAMENDMENT
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CHAPTER137-CODEENFORCEMENT
COMMISSIONER OF POLICE AND THE COMMISSIONER
The Common Council of the City of Buffalo does
OF ADMINISTRATION & FINANCE.
hereby ordain as follows:
That Section 137-7 of Chapter 137 of the Code of the City of
NO.153
Buffalo be amended to read as follows:
By: Mrs. LoTempio
ORDINANCEAMENDMENT
Initial Additional Maximum
CHAPTER309-PARKSANDOTHEROPENSPACES
Fine Penalty Penalty Total
The Common Council of the City of Buffalo does hereby ordain
FINE CLASS B $30.00 $30.00 $30.00 $90.00
as follows:
That Section 309-14 of Chapter 309 of the Code of
Music, § 75-13 [(A)]
the City of Buffalo be amended to read as follows:
APPROVED AS TO FORM
§ 309-14. Dumping and depositing of materials.
Michael Risman
A. No person shall deposit, dump, throw or place any
Corporation Counsel
earth, rubbish, dust, manure, paper, garbage or other refuse
Note: Matter in brackets [ ] to be deleted.
matter or any sand, stone, lumber or material of any kind in or
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
upon any part of the water or grounds of any park or park
COMMISSIONER OF POLICE AND THE COMMISSIONER
approach, except ashes, garbage and rubbish, which may be
OF ADMINISTRATION & FINANCE.
placed at the curb or margin of the driveway on any park
approach upon the days designated by the Commissioner of
NO.151
Street Sanitation for collection from the premises in front of
By: Mrs. LoTempio
which the same are placed, without a permit from the
ORDINANCEAMENDMENT
Commissioner of Public Works in the case of park approaches
CHAPTER144-CONTRACTORS
or with a permit from the Commissioner of Parks in the case of
The Common Council of the City of Buffalo does hereby ordain
any park property, and all such permits if given for building
as follows:
purposes shall be granted to the owner or occupant of the
That Section 144-16 of Chapter 144 of the Code of
property to be built upon or to his authorized agent. Such
permit shall be conditioned that such material shall be properly D. Failure to comply with this section shall constitute a
guarded and a red light conspicuously displayed thereon violation of this section and shall be punishable by a Class B
between sunset and sunrise. No permanent damage shall be fine in the amount of Thirty dollars ($30.00). This shall be in
done to any improvement on any park approach, and all addition to any other penalty provided in the Code of the City of
temporary damage or obstructions of any kind shall be made Buffalo or in any other law.
good or removed before the expiration of the time stated in APPROVED AS TO FORM
such permit. Michael Risman
B. No person shall throw, cast, lay, drop or discharge Corporation Counsel.
into or leave in the waters used for bathing or waters in a park NOTE: Matter underlined is new.
or park approach or a storm sewer or drain flowing into said REFERRED TO THE COMMITTEE ON LEGISLATION, THE
waters a substance, metal, liquid or solid which may or shall COMMISSIONER OF POLICE AND THE COMMISSIONER
result in the pollution of said waters. OF ADMINISTRATION & FINANCE.
C. No person shall throw, cast, lay or deposit a bottle, a
piece of crockery, glass or glassware or any part thereof or NO.156
metallic or other substance with sharp edges or projections in By: Mrs. LoTempio
any park or park approach. ORDINANCEAMENDMENT
D. Failure to comply with this section shall constitute a CHAPTER316-PEDDLINGANDSOLICITING
violation of this section and shall be punishable by a Class C The Common Council of the City of Buffalo does hereby ordain
fine in the amount of Fifty-two dollars and Fifty cents ($52.50). as follows:
This shall be in addition to my other penalty provided in the That Section 316-27 of Chapter 316 of the Code of
Code of the City of Buffalo or in am other law, the City of Buffalo be amended to read as follows:
APPROVED AS TO FORM § 316-27. License required.
Michael Risman A. No person shall solicit money, donations, property or
Corporation Counsel financial assistance of any kind or sell or offer to sell any
NOTE: Matter underlined is new. article, service, publication, advertisement, ticket, chance or
REFERRED TO THE COMMITTEE ON LEGISLATION, THE subscription on the direct or implied plea or representation that
COMMISSIONER OF POLICE AND THE COMMISSIONER such solicitation, sale or offer is for charitable, educational,
OF ADMINISTRATION & FINANCE. civic, patriotic, benevolent, religious or philanthropic purposes,
upon the streets or public places of the city or by house-to-
NO.154 house canvass, or by telephone or by mail or in any other way,
By: Mrs. LoTempio unless the person making the solicitation, sale or offer shall
ORDINANCEAMENDMENT possess a license issued pursuant to the provisions of this
CHAPTER309-PARKSANDOTHEROPENSPACES Article.
The Common Council of the City of Buffalo does hereby ordain B. Any person violating the provisions of this Section
as follows: may be liable for penalties as prescribed in Chapter 137-
That Section 309-25 of Chapter 309 of the Code of Article I, of this Code.
the City of Buffalo be amended to read as follows: APPROVED AS TO FORM
Michael Risman
§ 309-25. Hours. Corporation Counsel
A. The parks shall be closed each night between the NOTE: Matter underlined is new
hours of 10: 00 p.m. and sunrise the following morning, unless REFERRED TO THE COMMITTEE ON LEGISLATION, THE
otherwise ordered by the Commissioner of Parks, and no COMMISSIONER OF POLICE AND THE COMMISSIONER
person shall lounge about or remain in any of said parks during OF ADMINISTRATION & FINANCE.
the hours when so closed. This prohibition shall not apply to
LaSalle Park, Broderick Park, the foot of Ontario Street and the NO.157
foot of Hertel Avenue, which shall remain open twenty-four (24) By: Mrs. LoTempio
hours a day for use by fishermen. ORDINANCEAMENDMENT
B. Failure to comply with this section shall constitute a CHAPTER137-CODEENFORCEMENT
violation of this section and shall be punishable by a Class B The Common Council of the City of Buffalo does hereby ordain
fine in the amount of Thirty dollars ($30.00). This shall be in as follows:
addition to any other penalty provided in the Code of the City of That Section 137-7 of Chapter 137 of the Code of
Buffalo or in any other law. the City of Buffalo be amended to read as follows:
APPROVED AS TO FORM
Michael Risman Initial Additional Maximum
Corporation Counsel Fine Penalty Penalty Total
NOTE: Matter underlined is new. FINE CLASS B $30.00 $30.00 $30.00 $90.00
REFERRED TO THE COMMITTEE ON LEGISLATION, THE No license to solicit, §316-27
COMMISSIONER OF POLICE AND THE COMMISSIONER APPROVED AS TO FORM
OF ADMINISTRATION & FINANCE. Michael Risman
Corporation Counsel
NO.155 Note: Matter underlined is new.
By: Mrs. LoTempio REFERRED TO THE COMMITTEE ON LEGISLATION, THE
ORDINANCEAMENDMENT COMMISSIONER OF POLICE AND THE COMMISSIONER
CHAPTER345-PUBLICSAFETY,OBSTRUCTIONOF OF ADMINISTRATION & FINANCE.
The Common Council of the City of Buffalo does hereby ordain NO.158
as follows: By: Mrs. LoTempio
That Section 345-1 of Chapter 345 of the Code of MEMORIALIZECONGRESSTOSUPPORTREBUILDING
the City of Buffalo be amended to read as follows: AMERICA'SSCHOOLS
§ 345-1. Interference with personnel and equipment Whereas: On March 13, 1997, the President sent
prohibited. Congress "The Partnership to Rebuild America's Schools Act
A. No person shall interfere with or obstruct any of 1997," which has been introduced as
member of the Fire Department in the discharge of his duty, H. R. 1 104 and S. 4 5 6; and
nor shall any person drive upon any hose or other apparatus Whereas: Under the Act, the federal government would
belonging to the Fire Department or against any ropes or other assist States and communities by providing up to half the cost
guards placed across any street or passageway during any fire of interest on bonds or other financing for school construction,
or injure or remove the same. renovation and modernization; and
B. No person shall stand within one hundred (I 00) feet Whereas: The allocation of aid for the Buffalo City School
of any burning building, vehicle or other object or area where a District is estimated to be more than $16,000,000; and
fire exists after the arrival of authorized fire fighters, provided Whereas: The average age of Buffalo's school buildings is
that such person had a reasonable opportunity to remove over 60 years old, and they are in desperate need of
himself from the prohibited area. modernization as well as expansion to accommodate
C. No person shall stand within twenty-five (25) feet of increasing enrollment; and
any fire apparatus of any nature whatsoever being employed by Whereas: The current four year $80,000,000 capital plan
authorized fire fighters while said apparatus is at the scene of a for the City Schools is a good start at renovating old schools
fire or other emergency situation, provided that such person and building new schools, but much more will have to be spent
had a reasonable opportunity to remove himself from the in the future and any available aid is desperately needed;
prohibited area. Now, Therefore, Be It Resolved:
That this Common Council supports the "The Partnership to WHEREAS: Jacob Brunson is developing a "Celebration of
Rebuild America's Schools Act of 1997" (H.R. 1104/ S. 456) Life Fundraiser" to be held at Kleinhans Music Hall June
and urges the House of Representatives and the Senate to 22,1997; and
pass the Act as soon as possible; and WHEREAS: This event will mark a community wide fund-
Be It Further Resolved: raiser to honor the life of deceased Police Office McDougald
That the City Clerk shall send certified copies of this Resolution who was killed in the line of duty April 9,1997; and
to the Speaker of the House of Representatives, the Majority WHEREAS: Mr. Brunson has submitted a budget to the City
Leader of the Senate and all members of those bodies who and the Board of Directors for Kleinhans. While he requests a
represent Western New York. waiver of rent, he will still pay for lighting, sound and engineers
ADOPTED with set-up; and
NO.159 WHEREAS: All of the proceeds beyond expenses will be
By Mrs. LoTempio deposited into an account at Key Bank; and
CITYOFBUFFALO WHEREAS: The monies collected by this fund-raiser will be
LOCALLAWNO.(1997) placed in a college fund for the children of Officer McDougald.
INTRODUCTORYNO.(1997) NOW THEREFORE BE IT RESOLVED THAT:
A LOCAL LAW amending Article Three of the Charter of The Common Council approves the waiver of the rental fee for
the City of Buffalo in relation to the position of Deputy City the use of Kleinhans Music Hall to allow Jacob Brunson to hold
Clerk. a Fund-raiser in honor of deceased Police Officer Charles
BE IT ENACTED BY THE COMMON COUNCIL OF THE McDougald.
CITY OF BUFFALO AS FOLLOWS: PASSED
Section 1. That Article Three of the Charter of the City of AYES - 12 NOES - 0
Buffalo, adopted pursuant to law, is hereby amended to read as NO.162
follows: By: Messrs. Pitts and Quintana
(a) That section twenty-eight-a be amended to read as CHALLENGEBASICANDEXPANDEDRATEINCREASES
follows. Whereas: TCI of New York has announced plans to raise
The deputy city clerk shall, during the absence or disability of its cable TV rates effective June 1, 1997; and
the city clerk, possess all the powers and perform all the duties Whereas: Under the proposal, basic rates would increase
of the city clerk, and in the event of a vacancy in the office of from $8.91 to $9.29 and expanded basic service would
city clerk, the deputy city clerk shall act as city clerk until the increase from $15.80 to $16.87; and
appointment and qualification of a city clerk. The deputy city Whereas: The Council has held a public hearing on the
clerk, subject to the direction and supervision of the pension rate increase and much public opposition to the increase was
boards and the city clerk, shall have immediate supervision of expressed; and
all matters incident to the administration of the provisions of Whereas: The City of Buffalo has requested various
article twenty-five of this act relating to the police and firemen's information regarding how those rate increases were
pension funds and, subject to the direction and supervision of calculated, which TCI has agreed to provide; and
the city clerk, shall have immediate supervision of all matters Whereas: Although the City has the authority to review the
incident to the administration of the provisions of the domestic basic rates to determine the accuracy of the calculations
relations law of the state of New York relating to the issuance of according to the rules and regulations established by the
marriage licenses and of all matters incident to the Federal Communications Commission, the City's Comptroller's
administration of the provisions of the agriculture and markets Office does not have the specific expertise necessary to
law of the state of New York relating to the licensing of dogs. conduct a proper and effective review; and
He shall also perform such other duties as may be assigned to Whereas: The FCC has the sole authority to review
him from time to time by the city clerk and as may be required expanded basic rates; and
of him by ordinance. Whereas: If TCI's rate calculations are proven to be
There shall also be an additional deputy city clerk charged with inaccurate after they have taken effect, the cable company can
the functions of vital statistics. The deputy city clerk for vital be ordered to pay a full refund to all affected subscribers, as
statistics shall supervise the functions of vital statistics occurred last year when TCI was ordered to pay a $1.90
including the prompt and complete return of births and deaths refund;
to the state, supervise the registration of births and deaths in Now, Therefore Be It Resolved;
the city of Buffalo and assign work through subordinates to That the New York Public Service Commission be requested to
effect such and supervise the compilation of records and assist the City of Buffalo by performing a full fiscal analysis of
reports as required. The deputy city clerk for vital statistics TCl's request for a basic rate increase; and
shall be authorized to act generally for and in place of the city Be It Further Resolved:
clerk, He shall also perform such other duties as may be That the Federal Communications Commission be requested to
assigned to him from time to time by the city clerk and as may review TCI's request for an increase in expanded basic rates;
be required of him by ordinance, and
Section 2. This local law shall take effect immediately. Be It Further Resolved:
APPROVED AS TO FORM That TCI of New York be requested to delay the
Michael Risman implementation of any rate increases until further data can be
Corporation Counsel compiled and a complete rate review conducted, so that
NOTE: Matter underlined is new. subscribers are not charged higher fees unless and until there
LAID ON THE TABLE. is full justification for such a rate increase; and
NO.160 Be It Finally Resolved:
By: Mr. Pitts That the City Clerk be directed to forward certified copies of
WAIVEROFVENDORSFEEATPILOTFIELD this resolution to TCI of New York (Wayne Watson, 55
3
WHEREAS: The Buffalo Bisons sponsor annually, various
Chicago St., Buffalo, NY 14214), the Public Service
ethnic nights at Pilot Field; and
Commission (John F. O'Mara, 3 Empire State Plaza, Albany,
WHEREAS: These programs provide a showcase for the
NY 12223) and the Federal Communications Commission
diversity and cultural significance of Buffalo's various
(Meredith J. Jones, Cable Services Bureau, 2033 M St. NW,
nationalities; and
Washington, D.C. 20554).
WHEREAS: As part of these exciting activities, various
ADOPTED
vendors participate by selling their wares, many of which are
NO.163
artistic and culturally oriented; and
By: Messrs. Pitts and Quintana
WHEREAS: On June 3,1997, the Bisons will sponsor African
RETAINSPECIALUSEPERMITREQUIREMENTFOR
American Night. The evenings celebration will honor Dr. Martin
HUMANSERVICEFACILITIES
Luther King and the 50th Anniversary of Jackie Robinson; and
Whereas: On June 27, 1995, this Council adopted a new
WHEREAS: In order to facilitate this important celebration the
Article 27 of Chapter 511 of the Code of the City of Buffalo
Bisons have requested that the 15% assessment fee be
(Item # 171, C.C.P. May 30, 1995 - Ordinance Amendment
waived.
Chapter 511- Zoning, Use Permit Requirement); and
NOW, THEREFORE BE IT RESOLVED:
Whereas: This Article requires a restricted use permit for
That the Common Council approves the waiver of the vendors
the establishment or expansion of human service facilities in
fee in order to facilitate African American Night at Pilot Field.
the city of Buffalo; and
PASSED.
Whereas: Article 27, as adopted, expires on July 1, 1997;
AYES - 12 NOES - 0
and
NO.161
Whereas: Because a high concentration of human service
By: Mr. Pitts and Mrs. Williams
facilities can impact the quality of life in a neighborhood, the
WAIVERENTALCOSTFORKLEINHANSMUSICHALL
Council adopted Article 27 to provide an opportunity for public
input and judicious consideration when new or expanding NO.166
human service facilities are proposed; and By: Mr. Quintana
Whereas: In practice, Article 27 has had a positive impact USEOFTHEPUBLICACCESSCHANNEL
for the past 2 years precisely because it has provided for public TOEXPOSETHENAMESOFJOHNS
input on the establishment and expansion of human service Whereas: The Niagara District Council office has received
facilities; and numerous complaints from residents in the neighborhoods
Whereas: There is still a need for the safeguards provided regarding prostitution in their communities; and
in Article 27 of Chapter 511, and those safeguards are likely to Whereas: Through the efforts of the Niagara District
be needed into the foreseeable future; Council Office, the West Side Neighborhood Congress
Now, Therefore, Be It Resolved That: Prostitution Task Force and the Buffalo Police Department, the
This Council requests the Corporation Counsel to file an first "School for Johns" was developed; and
ordinance amendment removing the expiration date from Article Whereas: The "John School" gives persons arrested for
27 of Chapter 511 of the Code, thus allowing Article 27 to the soliciting of a prostitute a chance to avoid prosecution by
remain in the Code until such a time as the Council decides to participating in a seminar on the problems and laws
amend or remove it. surrounding the sex trade and the testing of sexual diseases;
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY and
PLANNING BOARD AND THE CORPORATION COUNSEL. Whereas: To further support efforts to deter the solicitation
of prostitution by "johns", the public exposure of the names of
NO.164 johns would send a strong message to the "johns" and the
By: Mr. Quintana community that the City of Buffalo will not tolerate the
SALEOFFORMERPRECINCT#5BUILDING solicitation of prostitution; and
Whereas: The former Precinct #5 building on West Ferry Whereas: Since the Buffalo News has a policy of not
Street is no longer being used as a police precinct house; and publicizing the names of johns in the newspaper, the Public
Whereas: When the City transfers the property in the Access Channel would be a ideal avenue to explore; and
future, it will not be able to offer any future owner any off street Whereas: Other cities and/or municipalities use their
parking because the City does not own any of the land governmental channel to expose the names of individuals
surrounding the building and has no easement or right -of-way arrested for solicitation of prostitution;
over such land; and Now, Therefore, Be It Resolved:
Whereas: The owner of the parking lot that surrounds the That this Common Council explore the possibility of exposing
building, as a gesture of goodwill, allowed the police to use his the names of "johns" on the public access channel; and
lot when they occupied the precinct house, even though the Be It Further Resolved:
City has no easement to use the property around the building; That this Common Council requests written opinions from the
and Corporation Counsel, The Buffalo Police Department, Buffalo
Whereas: The owner of the lot wants to purchase the Community Television and the Prostitution Task Force; and
building now so that he can demolish it and expand his parking Be It Finally Resolved:
lot; and That the written responses be filed with the Common Council
Whereas: The lot owner is willing to pay the full appraised by 2:00 PM, Thursday, June 5, 1997.
value of the building and to pay for the demolition costs himself, REFERRED TO THE COMMITTEE ON LEGISLATION, THE
without asking for any tax incentives or governmental COMMISSIONER OF POLICE, THE PROSTITUTE TASK
assistance; and FORCE, THE CORPORATION COUNSEL AND BCAM.
Whereas: The sale of the former Precinct #5 building
would return the property to the tax rolls; and NO.167
Whereas: The Administration is currently negotiating the By: Ms. Williams
sale of the former Precinct #10 building to the BEDC for less DISPLAYBANNERFORNIAGARASTREETMARKET
than its full appraised value; Whereas: The Lower West Side Resource and
Now, Therefore, Be It Resolved: Development Corp, Inc. will begin their second season as the
That the Departments of Administration & Finance, Corporation operators of the Niagara Street Market in early May; and
Counsel Police and Audit & Control-Division of Real Estate file Whereas: To promote this public. open air market, the
responses with this Common Council before Thursday, May Lower West Side Dev. Corp. has requested permission to
22, 1997 giving their opinions on the feasibility of negotiating display a banner on Niagara St. near
the sale of the former Precinct #5 building. Maryland: and
REFERRED TO THE COMMITTEE ON FINANCE, THE Whereas: The organizers would like to display the banners
COMPTROLLER, THE COMMISSIONER OF from May 1, 1997 through October 25, 1997;
ADMINISTRATION & FINANCE AND THE CORPORATION Now, Therefore, Be It Resolved:
COUNSEL That this Common Council grants permission to Lower West
NO.165 Side Dev. Corp., Inc. to display the banner. pursuant to the
By: Messrs. Quintana, Brown and Pitts conditions established by the Commissioner of Public Works,
WAIVEFEEFRANKA.SEDITAACADEMY the Corporation Counsel and the Special Events Advisory
-SCHOOL38FUNDAY Committee.
Whereas: The Frank A. Sedita Academy is planning a PASSED
"Fun Day" on June 5th, 1997; and AYES - 12 NOES - 0
Whereas: Fun Day will involve over 400 students, parents NO.168
and teachers in outdoor games and activities; and By: Ms. Williams
Whereas: This event is designed to raise money to CREATEA"NOPARKING"ZONEONFRANKLIN
subsidize the purchase of supplies for students at the school; BETWEENSWANANDSENECASTREETS
and Whereas: Cathedral Park Tower is an eleven-story office
Whereas: Fun Day requires the closing of Bremer Street condominium located at 37 Franklin Street; and
and of Vermont Street between Bremer and Lowell; and Whereas: Although the area in front of the building is
Whereas: Principal Letizia A. Conrad has requested a designated a "No Standing" zone, many vehicles use this area
waiver of the $40 fee for the temporary closing of the two as a parking area; and
blocks ; and Whereas: This unauthorized parking is creating significant
Whereas: The Frank A. Sedita Academy is a public school problems; for example, UPS, Federal Express, the United
and the students can make good use of every penny netted States Postal Service and others find it nearly impossible to
from this event; and drop off and pick up packages because they cannot use this
Whereas: The Common Council and all the citizens of space to load and unload; and
Buffalo have a direct interest in encouraging the success of Whereas: The Cathedral Park Tower Board of Managers,
grass-roots, education-boosting events such as Fun Day. Ltd. has applied for a loading/unloading permit from the City of
Now, Therefore, Be It Resolved That: Buffalo in an effort to alleviate this problem; and
This Council commends the initiative of Principal Conrad, Whereas: The Cathedral Park Towers Board of Managers,
teacher Mary Alice Brown and all those who are working to Ltd. reports that they have been advised that "in order to be
make Fun Day at the Frank A. Sedita Academy a success; and considered for this permit, the portion of Franklin Street
Be It Further Resolved That: between Swan and Seneca Streets needs to be changed from
This Council requests the Commissioner of Public Works to a "no standing" zone to a "no parking" zone;
waive the fee for the temporary closing of streets for Fun Day at Now, Therefore, Be It Resolved:
the Frank A. Sedita Academy. That this Common Council requests that the Department of
PASSED. Public Works, Division of Traffic Engineering, prepare and
AYES - 12 NOES - 0 submit the appropriate Notification Serial to allow Franklin
Street between Swan and Seneca Streets to be designated a John H. Hall
"No Parking" zone; and David A. Pezzimenti
Be It Further Resolved: James F. Notaro,Jr.
That this Notification Serial be filed with the Office of the City James F. Notaro,Sr.
Clerk by 2:00 pm on Thursday, May 22, 1997. Charles Ambrus
REFERRED TO THE COMMITTEE ON LEGISLATION, THE David Zabinski
COMMISSIONER OF PUBLIC WORKS, AND THE ADOPTED.
CORPORATION COUNSEL. NO.172
By: Mr. Zuchlewski
NO.169 APPOINTMENTSCOMMISSIONEROFDEEDS
By: Messrs. Zuchlewski, Quintana and Franczyk, Ms. REQUIRED-PERFORMANCEOFPUBLICDUTIES
Kavanaugh and Ms. Williams That the following persons are hereby appointed as
PROCLAIMMAY25THTHROUGHJUNE1,1997"BIKE Commissioner of Deeds for the term ending December 31,
WEEK"INBUFFALOANDWEDNESDAY,MAY28TH 1998 , conditional upon the person so appointed certifying,
"BIKETOWORKDAY" under oath, to their qualifications and filing same with the City
Whereas: For more than a quarter century National Bike Clerk:
Month has been celebrated in May to highlight the many health James Giardina
and environmental benefits of bicycling; and David A. Franczyk
Whereas: Governor Pataki has declared May of 1997 to be Andrew Golebiowski
"Bicycle-Pedestrian Month" in New York State; and Evelyn Juncewicz
Whereas: More than 100 million Americans ride bicycles Lauren M. Rosa
for transportation, recreation, fitness and sport purposes; and Tammy Barnes-Turnbull
Whereas: Motorists and bicyclists share thousands of Anna Gustina
miles of highways and byways, and proper and safe operation Michelle D.Epps
of their respective vehicles is essential to ensure safety and Mildred A. Stabler
comfort on the road; and ADOPTED.
Whereas: Recent federal environmental and transportation UNFINISHEDBUSINESS
legislation mandates that bicycling become a significant NO.173
consideration in highway and traffic planning; and LOCALLAWINTRO.NO.3(1997)-USERFEES
Whereas: The city of Buffalo is actively developing a (NO.173,C.C.P.,APRIL29,1997
Greenway System that includes an extensive system of on-road Mrs. LoTempio that the above item be taken from the table.
bike lanes and off road recreational trails; and Seconded by Mr. Czajka.
Whereas: Commuting to work on bicycles saves significant CARRIED
quantities of gasoline, cuts pollution, reduces automobile Mrs. LoTempio now moved that the above item be approved.
traffic, and promotes good health. Seconded by Mr. Brown
Now, Therefore, Be It Resolved That: PASSED
This Common Council hereby proclaims May 25th through AYES - 12 NOES - 0
June 1, 1997 as "Bike Week" in Buffalo and Wednesday, May NO.174
28th as "Bike to Work Day." ANNOUNCEMENTOFCOMMITTEEMEETINGS
ADOPTED The following meetings are scheduled. All meetings are held in
NO.170 the Council Chambers, 13th floor, City Hall, Buffalo, New York,
By Mr. Zuchlewski unless otherwise noted.
FELICITATIONS/INMEMORIAM Regular Committees
Attached hereto are Felicitation and In Memoriam Resolutions Civil Service Tuesday, May 20, 1997 9:30 A.M.
sponsored by Members of the Common Council as indicated: Finance Tuesday, May 20, 1997 - following CS
Felicitation for Bethel African Church Legislation Tuesday, May 20, 1997 at 2:00 P.M.
By Councilmember Brown Comm. Dev. Wed., May 21, 1997 at 10:00 A.M.
Felicitation for. Linda Przepasniak Education Wed. May 21, 1997, at 2:00 P.M.
By Councilmember Czajka
Felicitation for Berklee Jazz Festival NO.175
By Councilmember Pitts ADJOURNMENT
Felicitation for United House Of Prayer On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
By Councilmember Williams the Council adjourned at 3:20 p.m.
ADOPTED. CHARLES L. MICHAUX, III
NO.171 CITY CLERK
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONEROFDEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31,1998 , conditional upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Donna McCartney Henry
Martin K. Eve
Robert L. Weber
Joseph S. Modica
Jeffrey A. Tooke
Benjamin H. Syden
Alexandra V. Schmid
Anita Irene
Mary Margaret O'Donnell
Deborah Lynn Williams
Richard Horner
Donald E. Longfellow
John B. Maggoire
Steven M. Casey
Susan M. Brown
Jeremy Toth
Martin G. Darmstedter
Josephine M. Dalessandro
Albert Young,II
Anthony R. Notaro
William J. Hammer
Michael Snyder
Steven Gigante
Deborah A. Ferro