HomeMy WebLinkAbout97-0624
No.13
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 24, 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
COMMONCOUNCIL
CITYHALL-BUFFALO
TUESDAY,JUNE24,1997 the Board noted that another pole sign was located on the site,
AT2:00P.M. albeit a significant distance away.
The Planning Board voted to approve the proposed
PRESENT - James W. Pitts President of the Council, sign with the condition that it not exceed 20 feet in overall
and and Council Members Brown, Coppola, Czajka, height and that it is placed in a landscaped area as shown by
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, the applicant.
LoTempio, Pitts, and Zuchlewski - 11. RECEIVED AND FILED.
ABSENT -Councilmember Williams and Quintana-2. NO.7
T.PALMER,REQUESTTOREZONE155SUMMER
On a motion by Mrs. LoTempio, seconded by Mr. STREETFROMR3TOR5FORLAWYERSOFFICES
Czajka, the minutes of the stated meeting held on June ITEMNO.122,C.C.P.,5/27/97
10, 1997 were approved. The City Planning Board at its regular meeting held Tuesday,
June 17, 1997 considered the matter captioned above pursuant
FROMTHEMAYOR to Section 511-126 of the Buffalo Code, Amendments to the
FROMTHEMAYOR-EXECUTIVEDEPARTMENT Zoning Ordinance.
FROMTHECITYPLANNINGBOARD The applicant seeks to rezone the property
referenced above from R3 to R5 to allow him to use this
NO1 address as a law office for eight employees. The site is
COUNCILMEMBERBROWN,ORDINANCEAMENDMENT, currently being used as a residence, but prior to this it had
CHAPTER421OFTHEBUFFALOCODE been used as a resident physician's office. The area to be
ITEMNO.150,C.C.P.,4/29/97 rezoned is approximately 25,380 feet in area. Twenty off-street
The City Planning Board at its regular meeting held parking spaces are located at the rear of the site.
Tuesday, June 17, 1997 considered the matter captioned Under SEQR the proposed rezoning is considered
above, pursuant to Section 421-26 of the Buffalo Code. an unlisted action which may be studied through uncoordinated
The Board voted to receive and file the proposed review.
amendment. The Board voted to approve the proposed rezoning.
RECEIVED AND FILED. RECEIVED AND FILED.
NO.2 NO.8
COUNCILMEMBERBROWN,TREEORDINANCEFORTHERIGIDIZEDMETALSCORP.,REQUESTTOERECT
BUFFALOCODE ANADDITIONAT658OHIOSTREET
ITEMNO.151,C.C.P.,4/29/97 ITEMNO.76,C.C.P.,6/10/97
The City Planning Board at its regular meeting held The City Planning Board at its regular meeting held
Tuesday, June 17, 1997 considered the matter captioned Tuesday, June 17, 1997 considered the matter captioned
above, pursuant to Section 467 of the Buffalo Code. above pursuant to Section 511-67 of the Buffalo Code, the
After considerable discussion with Councilmember Buffalo Coastal Special Review District.
Brown, the city forester, and council staff, the Board voted to The applicant seeks to build a one-story steel
approve the proposed amendment incorporating the building which will measure 85 feet by 180 feet (15,300 square
suggestions advanced at the meeting. feet). The building will be used as a metal fabricating shop.
RECEIVED AND FILED. The site is located in an M3 zone which permits
such uses. The proposed addition will not be located within the
NO.3 25 foot river front "yard" required under the coastal review
R.CORCIA,REQUESTTOPLACEASIDEWALK district. Under SEQR the proposed addition is an unlisted
CAFEAT69DELAWAREAVENUE action which may be studied through uncoordinated review.
ITEMNO.45,C.C.P.,5/27/97 The Board voted to approve the proposed addition.
The City Planning Board at its regular meeting held RECEIVED AND FILED.
Tuesday, June 17, 1997 voted to receive and file the matter
captioned above, since your Honorable Body has already NO.9
approved it. PROPERTYDEVELOPERINC.,REQUESTTOERECT
RECEIVEDAND FILED. ABILLBOARDSIGNAT25IMSONSTREET
ITEMNO.77,C.C.P.,6/10/97
NO.4 The city Planning Board at its regular meeting held
D.ZACZAGNINO,REQUESTTOPLACEASIDEWALK Tuesday, June 17, 1997 considered the matter captioned
CAFEAT206S.ELMWOODAVENUE above pursuant to Section 387-19 of the Buffalo Code, Review
ITEMNO.47,C.C.P.,5/27/97 of Billboard Signs.
The City Planning Board at its regular meeting held The applicant seeks to erect a double-faced non
Tuesday, June 17, 1997 voted to receive and file the matter accessory sign which will have a sign face area of 672 square
captioned above, since your Honorable Body has already feet (14' x 48') and an overall height of 45 feet.
approved it. The site is located in an Ml zone which permits such
RECEIVED AND FILED. signs provided that there is no non accessory sign within 1000
feet and on the same side of a limited access expressway.
NO.5 Under SEQR the proposed sign may be considered an unlisted
P.PALUMBO,REQUESTTOPLACEASIDEWALK action which may be studied through uncoordinated review
CAFEAT1106LOVEJOYSTREET The Planning Board voted to approve the proposed
ITEMNO.48,C.C.P.,5/27/97 sign.
The City Planning Board at its regular meeting held Tuesday, RECEIVED AND FILED.
June 17, 1997 voted to receive and file the matter captioned
above, since your Honorable Body has already approved it. NO.10
RECEIVED AND FILED. CITYOFBUFFALO,REQUESTTODEVELOP1176SOUTH
PARKFORHYDROPONICTOMATOES
NO.6 ITEMNO.78,C.C.P.,6/10/97
R.ALSHEIMER,REQUESTTOERECTAN The City Planning Board at its regular meeting held
ACCESSORYSIGNAT2650-2654DELAWAREAVENUE Tuesday, June 17, 1997 considered the matter captioned
ITEMNO.120,C.C.P.,5/27/97 above pursuant to Section 511-67 of the Buffalo Code, the
ITEMNO.110,C.C.P.6/10/97 Buffalo Coastal Special Review District.
The City Planning Board at its regular meeting held Tuesday, The applicant seeks to develop the former Republic
June 17, 1997 considered the matter captioned above pursuant Steel site for the hydroponics production of tomatoes. The
to Section 387-19 of the Buffalo Code, Review of Pole Signs. development will involve the construction of a 17-acre
The applicant seeks to erect an illuminated, accessory, pole hydroponics greenhouse, a processing and administration
sign which will have a sign face area of 98 square feet (7' x 14') building, and accessory parking and drainage features.
and an overall height of 25 feet. The site is located in an M3 zone which permits such
The site is located in a CM zone which permits such signs. uses. The proposed development will not be located within the
Under SEQR the proposed sign is considered a Type II action 25 foot river front "yard" required under the coastal review
which does not require further environmental review. district. The area contiguous to the river, however, will not be
Although the proposed sign is allowed under the CM accessed by the public due to the development's vulnerability to
zone, the Board felt that its height was excessive. Moreover, vandalism. In lieu of this, the applicant will develop the right-of-
way along South Park to link with the proposed river walk in the property using the former address as collateral, tax documents
future. The 25 foot river front "yard" will be maintained by the and other legal documents using the former address would
applicant and planted with native species which will suggest a have to be adjusted.
natural shoreline from the Buffalo River. Under SEQR the As an alternative to a formal street name change, it
proposed development is considered a Type I action. The might be prudent to place trailblazer signs below the formal
Department of Public Works, as lead agency for this project, street name to identify portions of streets which have a special
has prepared and circulated a Negative Declaration and Notice ambiance. In this way, the legal and practical pitfalls of a
of Determination of Non-Significance. formal name change can be avoided while at the same time
The Board voted to approve the proposed development highlighting distinctive portions of the street.
with the following conditions: REFERRED TO THE COMMITTEE ON LEGISLATION.
1. the City of Buffalo is to retain an exclusive easement for the
25 foot river front "yard" along the shoreline of the Buffalo NO.15
River, CON-RAIL,REQUESTTOERECTABILLBOARDSIGN
2. the developer agrees to plant native species along the river AT903EXCHANGESTREET
front yard" area at no cost to the City, ITEMNO.75,C.C.P.,6/10/97
3. the developer agrees to install the following right-of-way The City Planning Board at its regular meeting held
treatments along the South Park facade of the property: a. Tuesday, June 17, 1997 considered the matter captioned
beginning at the curb line of South Park Avenue, above, pursuant to section 387-19 of the Buffalo Code, Review
a. 3 foot concrete splash guard followed by a 4.5 foot tree lane of Billboard Signs.
followed by a 5 foot sidewalk followed by a 7.5 foot tree lane to The applicant seeks to erect a double-faced non
a fence; accessory sign which will have a sign face area of G72 square
b. the trees to be used in the tree lanes shall be alternating 3" feet (14' x 48') and an overall height of 30 feet above the
caliper Little Leaf Linden and European Ash, planted 20 feet on Thruway.
center; The site is located in an Ml zone which permits such
c. although the Board would prefer to see a wrought iron fence, signs provided that there is no non accessory sign within 1000
if project costs cannot provide one, then at a minimum, a chain feet and on the same side of the limited access expressway.
link fence with appropriate vines, ivies, or similar climbing Under SEQR the proposed sign is considered an unlisted
vegetation interwoven into the fences fabric will be allowed. action which may be studied via uncoordinated review.
RECEIVED AND FILED. The Planning Board voted to approve the proposed sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.11
SAFETYKLEENOILRECOVERY,REQUESTTOPLACE FROMTHEBOARDOFPARKING
ACONCRETECONTAINMENTAREAAT NO.16
80KATHERINESTREET RESULTSOFBID/SKYWAYLOT#3
ITEMNO.79,C.C.P.,6/10/97 The existing three year lease agreement for the above
The City Planning Board at its regular meeting held state lot is about to expire June 30, 1997. The Board of
Tuesday, June 17, 1997 considered the matter captioned Parking advertised on May 21, 1997 for bids on a new three
above, pursuant to Section 511-67 of the Buffalo Code, the year lease.
Buffalo Coastal Special Review District. On June 18, 1997 a public bid opening was held at
The applicant seeks to place a concrete containment 11:00 a.m. in the offices of the Board of Parking, 1801 City
area which will measure 84 feet by 142 feet (11,928 square Hall. The results are as follows: (former annual rental
feet). The area will be used to prevent the seepage of oil $52,052.52)
products into the ground and is required by law. BIDDER ANNUAL RENTAL
The site is located in an M3 zone which permits Imperial Parking Limited
such uses. The proposed addition will not be located within the 185 Franklin Street
25 foot river front "yard" required under the coastal review Buffalo, NY 14202 $24,600
district. Under SEQR the proposed addition is a Type II action Allright Parking Buffalo Inc.
which does not require further environmental review. 107 Delaware - Suite One
The Board voted to approve the proposed containment area. Buffalo, NY 14202 $36,636
RECEIVED AND FILED. The Board of Parking recommends that the bid of
Allright Parking Buffalo, Inc. in the amount of $36,636, as the
NO.12 highest responsible bidder, be accepted and that a three year
SIDEWALKCAFEAT888MAINSTREET agreement be entered into.
ITEMNO.24,C.C.P.,5/13/97 REFERRED TO THE COMMITTEE ON FINANCE AND
Pursuant to section 413-59 of the Buffalo Code, the CORPORATION COUNSEL.
Planning Board should make a recommendation to your
Honorable Body upon receipt of an application for any sidewalk FROMTHECOMPTROLLER
cafe which encroaches on the right-of-way. NO.17
No application for this cafe was sent to the Planning HOMESTEADREQUEST
Board, consequently, no recommendation was made. The next 370SHERMANSTREET,482.97'SSYCAMORE
regular meeting of the City Planning Board will be July 1, 1997. LOTSIZE:25'X132'
I will add this item to that meeting's agenda. LANDVALUE:$1,300
REFERRED TO THE COMMITTEE ON LEGISLATION. TOTALASSESSMENT:$5,000
368SHERMAN,507.97'SSYCAMORE
NO.13 VACANTLOTSIZE:30'X132'
SIDEWALKCAFEAT530RHODEISLANDSTREET ASSESSMENT: $1,700
ITEMNO.37,C.C.P.,6/10/97 The Office of the Comptroller, Division of Real
Pursuant to section 413-59 of the Buffalo Code, the Estate, has received a request from Ms. Ida M. Thomas,
Planning Board should make a recommendation to your Project Director, Ellicott District Community Development, Inc.,
Honorable Body upon receipt of an application for any sidewalk 644 William Street, Buffalo, New York, to acquire the above
cafe which encroaches on the right-of-way. captioned properties through the City's Homestead Program.
No application for this cafe was sent to the Planning Ellicott District Community Development, Inc. intends to
Board, consequently, no recommendation was made. The next acquire, rehabilitate and transfer the property to a low to
regular meeting of the City Planning Board will be July 1, 1997. moderate income buyer.
I will add this item to that meeting's agenda. The single house located at 370 Sherman was
REFERRED TO THE COMMITTEE ON LEGISLATION. acquired by the City of Buffalo through tax foreclosure in 1995.
The vacant lot located at 368 Sherman was acquired through
NO.14 tax foreclosure in 1988. There have been no offers to
COUNCILMEMBERBROWN,STREETNAMECHANGES, purchase either property.
PORTIONOFMICHIGANAVENUE The Department of Community Development and the
ITEMNO.50,C.C.P.,5/13/97 Division of Collections have been contacted and they have no
Pursuant to your request, in my opinion the changing objections to the sale. There are no outstanding code
of an official street name will require the residents of the violations, taxes or other liens owed to the City of Buffalo by
subject street to change the legal address of all of their Ellicott District Community Development, Inc.
personal documents. Deeds and wills would have to be re- Ellicott District Community Development, Inc. has
filed, mortgages, if any, would have to be changed. secured funding (Hope III/Bank Financing) for the rehabilitation
Furthermore, insurance policies, instruments which would use of 370 Sherman Street. They have agreed to complete all
repairs within six months of the transfer and will begin presented to Your Honorable Body for your approval.
screening for a potential low/moderate income family to The current lease with the guild will expire on June 30th, 1997.
purchase the rehabilitated home. The homesteader will be Mr. Patrick Fagen, Executive Director of the Guild, has
required to own and occupy the property for not less than five requested that the City extend the current agreement for an
years. additional two (2) year period until the new lease and the
I am recommending that Your Honorable Body operating agreement are finalized.
authorize the homesteading of 368 and 370 Sherman Street to I am recommending that Your Honorable Body approve the
Ellicott District Community Development, Inc. for One Dollar. I request of the Shea's O'Connell Preservation Guild, Ltd. I am
am further recommending that the Corporation Counsel further recommending that the Corporation Counsel prepare
prepare the necessary documents for the transfer of title upon the necessary lease extension agreement and that the Mayor
the above stated conditions and that the Mayor be authorized to be authorized to execute the same.
execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND
REFERRED TO THE COMMITTEE ON FINANCE. CORPORATION COUNSEL.
NO.18 NO.21
RENEWALOPTION RESCINDSALE
LEASEAGREEMENTBETWEENTHE 586NIAGARA,SOUTHCORNEROFJERSEY
CITYOFBUFFALOANDFLEMINGCOMPANY,INC. LOTSIZE:29'X132'
F/K/A/SCRIVNEROFNY,INC. ASSESSEDVALUATION:LAND$9,600
USEOF416KENMOREAVENUE TOTAL$50,000
ITEM#153,C.C.P.OCTOBER4,1983 ITEM#91,C.C.P.4/15/97
Your Honorable Body authorized the lease agreement In the above referenced item, Your Honorable Body
between the City of Buffalo and S.M. Flickinger, Inc. for use of authorize the sale the above captioned property to Mr. Jose
City-owned vacant land at 416 Kenmore Avenue, with the Palma, 771 Ransom Road, Grand Island, New York, in the
option to renew. This lease was for a five (5) year period amount of Four Thousand Dollars ($4,000).
commencing October 1, 1983 to September 30, 1988, with In addition to purchasing the property, Mr. Palma had agreed to
succeeding one (1) year renewal options thereafter. repair the property and bring the property into code compliance
Please take note the original lease originated with the after the purchase. However, during a recent inspection of the
name as S.M. Flickinger, Inc., then changed to Scrivner of New property, by the Department of Inspections, a serious structural
York, Inc. and now has changed their name to Fleming deficiency has been detected in the south wall of the building.
Companies, Inc. The building at 586 Niagara Street is leaning on the property at
Mr. Robert W. Smith of Fleming Companies, Inc. has 584 Niagara Street which is privately owned. City Court has
requested to exercise their option to renew said lease for an ordered the immediate demolition of 584 Niagara Street. The
additional one (1) year period as stated in their lease Division of Real Estate has been advised that a portion of the
agreement. The lessee has fully satisfied and complied with all south wall of 586 Niagara Street will be damaged considerably
provisions and terms of the lease. and possibly collapse when 584 Niagara is taken down. The
The renewal will be for the period of October 1, 1997 Department of Inspections has advised the Division of Real
to September 30, 1998. This is their 10th renewal option of Estate that 586 Niagara Street should be demolished.
their lease agreement. The annual rental fee is $40. The purchaser of 586 Niagara Street, Mr. Palma,
This Office recommends your Honorable Body has been advised of the situation and has agreed to withdraw
approve Fleming Companies, Inc. request to renew their lease his purchase of the property. The City in turn has agreed to
for an additional one year term. I am further recommending reimburse his deposit of Four Hundred Dollars ($400) and pay
that Your Honorable Body authorize the Corporation Counsel for his expenses in acquiring this property which is the real
Counsel to prepare the necessary lease renewal and that the estate appraisal fee of Two Hundred and Seventy-Five Dollars
Mayor be authorized to execute the same. ($275).
REFERRED TO THE COMMITTEE ON FINANCE AND Therefore, I am recommending that Your
CORPORATION COUNCIL Honorable Body rescind the sale of 586 Niagara Street to Mr.
Palma, approve the return of his deposit in the amount of $400
NO.19 and authorize the payment of the appraisal fee in the amount of
RENEWALOPTION $275.
LEASEAGREEMENTBETWEENTHE REFERRED TO THE COMMITTEE ON FINANCE AND
CITYOFBUFFALOANDSOUTHBUFFALO CORPORATION COUNSEL.
THEATER,INC.
ITEM#17,C.C.P.APRIL16,1996 NO.22
Your Honorable Body authorized the lease renewal agreement CERTIFICATEOFAPPOINTMENT
between the City of Buffalo and the South Buffalo Theater, Inc. Appointment Effective June 5,1997 in the Department of
for use of the Auditorium and Rooms 105, and 227 at former Audit & Control, Division of Data Processing, to the Position of
School 29, 2193 South Park Avenue, with the option to renew. Senior Operations Communications Coordinator, Provisional,
This office has received a request from Mr. John Fanning, at the intermediate Starting Salary of $30,002
President of the South Buffalo Theater, Inc. requesting to Mary G. O'Rourke, 54 Allenhurst Road, Buffalo, New York
exercise their option to renew said lease for an additional three 14214
year period. The lessee has fully satisfied and complied with REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
all provisions and terms of the lease.
The renewal will be for the period of March 1, 1997 to February NO.23
28, 2000. The annual rental fee is $1.00. INTERFUNDLOANS
This Office recommends Your Honorable Body approve the 200-CAPITALPROJECTSFUND
South Buffalo Theater, Inc. request to renew their lease for a 710-504-00-000
three (3) year term, commencing March 1, 1997 to February Certain federal and state aided programs require a
28, 2000. I am further recommending that Your Honorable cash advance until the program is operating and
Body authorize the Corporation Counsel to prepare the reimbursement is received.
necessary lease renewal and that the Mayor be authorized to I have reviewed the program listed below and
execute the same. determined the cash needs to be warranted. I have approved
REFERRED TO THE COMMITTEE ON FINANCE AND an interfund cash loan to be made in the maximum amount
CORPORATION COUNSEL. listed below as needed, subject to your approval. Loan is
payable at date of reimbursement.
NO.20 From To Grant Repayment Date Total
LEASEEXTENSION-SHEA'S 100 General 200-710-504-00-000 12/1997 $500,000
O'CONNELLPRESERVATIONGUILD,LTD. Title: INNER HARBOR PROJECT
ITEM#114,C.C.P.3/17/92 Mrs LoTempio moved:
As Your Honorable Body is aware, plans are underway for the That the Comptroller be and he hereby is authorized to make
expansion of the stage area at the Shea's Performing Arts an interfund cash loan in the amount of $500,000 from 100
Center, 646 Main Street. The expansion will involve both public General to 200-710-504-00-000 for the Inner Harbor Project.
and private financing. The details of the financing should be Loan is payable at the date of reimbursement.
finalized within the next few weeks. PASSED.
When the financing details have been finalized, Shea's AYES-11. NOES-0.
O'Connell Preservation Guild Ltd. will enter into a new lease
and agreement for the management of the Shea's which will be NO.24
CERTIFICATEOFNECESSITY parcel of property owned. Such information is to be filed with
TRANSFEROFFUNDS and maintained by the Department of Assessment.
VARIOUSDEPARTMENTS Following passage of the amendments, notices were mailed to
We, Anthony M. Masiello, Mayor and Joel A. Giambra, all owners of property along with a form to be used to register
Comptroller, do hereby certify, pursuant to Section 42 of the ownership. Numerous written and verbal inquiries were made
Charter, that it is necessary that the sum of $230,873 be by property owners concerning the request for an actual
transferred and reappropriated from the Various Departments, address versus a post office box and for telephone numbers.
as set forth below: As a result of these inquiries the Department of Law was
The amounts to be transferred represent unexpended balances requested to provide guidance on the subject. The response
of items contained in the budget for the current fiscal year and from the Law Department states "...registration information
will not be needed at this time for the purpose for which they must be provided by the property owner under Charter Section
were appropriated. 157, however, no penalty is specified..". "If anyone refuses to
Dated: Buffalo, NY, June 17, 1997 provide the registration information, there is no penalty other
RECEIVED AND FILED. than the loss of a failure of notice defense." The opinion also
states that according to the City Freedom of Information
NO.25 Ordinance, Article IV, Section 361-12 through 361-21, the City
CERTIFICATEOFNECESSITY is required to make available all records unless specifically
TRANSFEROFFUNDS exempted and such exempted records are those that would
DEPARTMENTOFPOLICE-BONDFUNDS "'constitute an unwarranted invasion of personal privacy' and "if
We, Anthony M. Masiello, Mayor and Joel A. Giambra, disclosed, would endanger the life or safety of any person".
Comptroller, do hereby certify, pursuant to Section 42 of the For those parcels and owners that responded to the mailing of
Charter, that it is necessary that the sums of $193,300.16 and the registration forms, the information has been and is being
$22,901 be transferred and reappropriated from the entered into a computer program in the Department of
Department of Police - Bond Fund, as set forth below: Assessment. This information was obtained from the one time
The amount to be transferred represents unexpended balances mailing of the registration forms. However, the Department of
of items contained in the budget for the current fiscal year and Assessment receives over 90% of ownership changes via
will not be needed at this time for the purpose for which they copies of deeds and the corresponding New York State
were appropriated. required transfer form, RP-5217, filed in the County Clerk's
Dated: Buffalo, NY, June 18, 1997 Office. The state form does not require telephone numbers nor
RECEIVED AND FILED. does it prohibit the use of post office boxes. In response to a
request from the Department of Assessment as to the
NO.26 feasibility of making provision for those items on the form, the
TRANSFEROFFUNDS office of Real Property Services which designs and requires
DEPARTMENTOFPOLICE-EXEMPTITEMS the form, advised that the changes would not occur since these
DEPARTMENTOFPOLICE-BONDFUNDS requirements are of a local nature and the form is for use
We, Anthony M. Masiello, Mayor and Joel A. Giambra, statewide.
Comptroller, do hereby certify, pursuant to Section 42 of the To comply with the City Charter while still performing our duty
Charter, that it is necessary that the sums of $271,590 and to maintain ownership records, the department records
$17,000 be transferred and reappropriated from the property transfers based on filed deeds and NYS transfer
Department of Police Exempt Items, as set forth below: forms. We have also established a file based on the
The amounts to be transferred represent Unexpended registration forms mailed to owners and anytime an owner
balances of items contained in the budget for the current fiscal requests a mailing address change and provides a post office
year and will not be needed at this time for the purpose for box address, this office advises them that a post office mailing
which they were appropriated. address is not acceptable and requires a nonpost office box
Dated: Buffalo, NY, June 18, 1997 address.
RECEIVED AND FILED. REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO.27
CERTIFICATEOFNECESSITY FROMTHECOMMISSIONEROFPUBLICWORKS
TRANSFEROFFUNDS NO.30
VARIOUSDEPARTMENT NOTIFICATIONSERIAL#8886
We, Anthony M. Masiello, Mayor and Joel A. Giambra, REPEALOFPERMISSIVEPARKINGSARATOGASTREET,
Comptroller, do hereby certify, pursuant to Section 42 of the SOUTHSIDEBETWEENTONAWANDASTREETANDA
Charter, that it is necessary that the sum of $2,827,716 be POINT250'EASTTHEREFROM
transferred and reappropriated from the Various Departments, PERMISSIVE PARKING - REPEAL
as set forth below: In conformity with Section 49 of Chapter 479 of the Ordinances
The amounts to be transferred represent unexpended balances of the City of Buffalo, the City Engineer hereby notifies Your
of items contained in the budget for the current fiscal year and Honorable Body of this action supplementing, amending, or
will not be needed at this time for the purpose for which they repealing existing provisions of Chapter 479 of the Ordinances,
were appropriated. as stated below, to be effective forty five days after the first
Dated: Buffalo, NY, June 23, 1997 Council meeting at which they appear on the agenda as an item
RECEIVED AND FILED. business.
That that part of Subdivision 25 Section 15 of Chapter 479 of
FROMTHEPRESIDENTOFTHECOUNCIL Ordinances of the City of Buffalo be supplemented by repealing
NO.28 therefrom the following: PERMISSIVE PARKING
APPOINTMENT-MEMBERS PERMISSIVE PARKING LOCATION PERIOD OF
WATERPRIVATIZATIONCOMMITTEE PERMISSIVE PARKING
I would like to reiterate my appointment of the following persons DAILY
to the Committee on Water Privatization which was established Saratoga Street, south side 1 hour parking
during Budget deliberations. Council Members: Helfer, between Tonawanda Street 7:00 a.m. to 6:00 p.m.
Lockwood, Coppola, Gray and Commissioner Giambra and and a point 250' east therefrom except Sunday
Representatives from the affected Local Unions. This action is being taken at the request of the District
I will act as the Chair. Councilmember as this type of permissive parking is no longer
Your cooperation is appreciated. warranted in this area.
ADOPTED.
NOTIFICATIONSERIAL#8887REPEALOFNOSTANDING
FROMTHECOMMISSIONEROFASSESSMENT ONFRANKLINSTREET,EASTSIDEBETWEENWEST
NO.29 SENECASTREETANDWESTSWANSTREET
DELINQUENTLANDLORDSIGNS ITEMNO.168;C.C.P.05/13/97
ITEM#162,C.C.P.04/29/97 NO STANDING - REPEAL
The above noted item was referred to this department for a In conformity with Section 49 of Chapter 479 of the Ordinances
response. There are several separate issues involved in this of the City of Buffalo, the City Engineer hereby notifies Your
matter involving local and state functions. Honorable Body of this action supplementing, amending, or
The Charter of the City of Buffalo, Article 9, Sections 157-158 repealing existing provisions of Chapter 479 of the Ordinances,
as amended in 1995, requires all owners of property in the City as stated below, to be effective forty five days after the first
to file a written statement showing their name, address (no Council meeting at which they appear on the agenda as an item
Post Office Boxes), telephone number and a listing of each business.
That that part of Subdivision 22 Section 15 of Chapter 479 of 7. That the applicant supply the City of Buffalo with a
Ordinances of the City of Buffalo be supplemented by repealing five thousand dollar ($5,000.00) construction in street bond or
therefrom the following: NO STANDING certificate of insurance which will indemnify and save harmless
PROHIBITED PORTION the City of Buffalo against any and all loss and damage arising
OF HIGHWAY PROHIBITED PERIOD out of the construction, maintenance, use and removal of said
Franklin Street, east side At all times sidewalk cafe.
between West Seneca Street REFERRED TO THE COMMITTEE ON LEGISLATION AND
and West Swan Street THE CITY PLANNING BOARD
This action is being taken as requested by the District
Councilmember (Item No. 168; C.C.P. 05/13/97). NO.33
320PORTERAVENUE;
NOTIFICATIONSERIAL#8888INSTALLATIONOFNOINSTALLCONDUIT
PARKINGONFRANKLINSTREET,EASTSIDEBETWEENWITHINCITYRIGHT-OF-WAY
WESTSENECASTREETANDWESTSWANSTREET Sister Denise A. Roche, GNSH, Ph.D., of D'Youville College,
ITEMNO.168;C.C.P.05/13/97 located at 320 Porter Avenue, has requested permission to
NO PARKING - INSTALL install three conduits which would encroach City right-of-way at
In conformity with Section 49 of Chapter 479 of the Ordinances said address.
of the City of Buffalo, the City Engineer hereby notifies Your The proposed conduits are necessary in order to connect two
Honorable Body of this action supplementing, amending, or D'Youville owned buildings on opposite sides of Porter Avenue
repealing existing provisions of Chapter 479 of the Ordinances, via data network cabling.
as stated below, to be effective forty five days after the first The Department of Public Works has reviewed this application
Council meeting at which they appear on the agenda as an item pursuant to Chapter 413-67 (Encroachment Regulations) of the
business. City Ordinances and has no objection to Your Honorable Body
That that part of Subdivision 23 Section 15 of Chapter 479 of authorizing the Commissioner of Public works to issue a "Mere
Ordinances of the City of Buffalo be supplemented by adding License" for said installation provided the following conditions
thereto the following: NO PARKING are met:
PROHIBITED PORTION 1. That the applicant obtain any and all other City of
OF HIGHWAY PROHIBITED PERIOD Buffalo permits necessary for said installation.
Franklin Street, east side At all times 2. That the conduits are installed a minimum of 36 inches
between West Seneca Street below the pavement surface.
and West Swan Street 3. That the applicant supply the Department of Public
(excluding existing NSHTC zones) Works with a set of "as built" plans showing the location of said
This action is being taken as requested by the District conduits.
Councilmember (Item No. 168; C.C.P. 05/13/97). 4. That the applicant provide the Department of Public
REFERRED TO THE COMMITTEE ON LEGISLATION. Works with a five thousand dollar construction in street bond or
Certificate of Insurance which will indemnify and save harmless
NO.31 the City of Buffalo against any and all loss and damage arising
68COURTSTREET; out of the construction, maintenance, use and removal of said
BOLLARDSANDPLANTERS conduits.
WITHINCITYRIGHT-OF-WAY REFERRED TO THE COMMITTEE ON LEGISLATION
Mr. Frank Santella, property manager for United States General
Services Administration (GSA), owners of the Michael J. Dillon NO.34
Courthouse, located at 68 Court Street, has requested PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
permission to install concrete bollards and planters within City ANDADVERTISEFORPROPOSALSFORTHE
right-of-way at said address. (See Attachment) RESURFACINGOFCITYPAVEMENTS-1997PHASE11
The bollards and planters would act as security barriers on GROUP#454
behalf of the historic building and its occupants in the wake of I hereby request permission from Your Honorable Body to
the Oklahoma City tragedy. prepare plans, specifications and advertise for sealed
The Department of Public Works is currently reviewing this Proposals for the Resurfacing Of City Pavements, 1997
proposal and, at this time, refers the matter to Your Honorable - Phase II, Group #454.
Body without recommendation. Funds for this project are available in Division of Engineering,
REFERRED TO THE COMMITTEE ON LEGISLATION Capital Projects Fund No. 200-401-507-00-000.
Mrs. LoTempio moved:
NO.32 That the communication from the Department of Public Works,
657MAINSTREET; be received and filed; and
REQUESTSPERMISSIONTOINSTALL That the Commissioner of Public Works be, and he hereby is
SIDEWALKCAFE authorized to prepare plans, specifications and advertise for
Mr. Eric Michalowski, owner of Katrina's Restaurant, located at sealed proposals for the Resurfacing of City Pavements.
657 Main Street, has requested permission to install a sidewalk Funds are available in the Capital Projects Fund No. 200-401-
cafe which would encroach City right-of-way at said address. 507-00-000.
The proposed cafe would measure thirteen feet (13') in length PASSED.
and project thirteen feet (13') from the building face into City AYES-11. NOES-0.
right-of-way.
The Department of Public Works has reviewed Mr. NO.35
Michalowski's application pursuant to Chapter 413, Section 59 CHANGEINCONTRACT
(Sidewalk Cafes) of the City Ordinances and has no objection CHANGEORDERNO.2,NOCOST
to Your Honorable Body authorizing the Commissioner of MARINEMIDLANDARENA-
Public Works to issue a "Mere License,, for said sidewalk cafe PHASEII,GROUPNO.365
provided the following conditions are met: CONTRACTNO.91851700
1. That the applicant obtain any and all other City of DIPIZIOCONSTRUCTIONCO.,INC.
Buffalo permits necessary. ITEMNO.23;C.C.P.03/05/96
2. That the sidewalk cafe be installed exactly as shown ITEMNO.117;C.C.P.10/15/96
on plans submitted to and approved by the Department of A. I hereby submit to Your Honorable Body the following
Public Works, Division of Buildings. negotiated unit price additions to the contract:
3. That the sidewalk cafe does not exceed thirteen feet
(13') in length or extend more than thirteen feet (13') from the Item Quantity Unit
building face. P.C.O. Description Unit Used Price Cost
4. That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or public 1. Installation of chain L.F. 515 $ 7.75 $3,991.25
sidewalk. link fence at LaSalle
5. That the sidewalk cafe be completely removed from Park to protect
City right-of-way from November 15 to April 1 each year. cobblestone
6. That the applicant be assessed the annual fee of two 2. A small section of Sq.Yd. 600 $11.00 $6,600.00
dollars per square foot of City right-of-way occupied by said cobblestones were
sidewalk cafe as described in Chapter 413, Article IX, Section found under the Perry
59 (Sidewalk Cafes) of the City Ordinances. (13' x 13' = 169 x Street pavement.
$2.00/ft. = $338.00/year) Directed contractor to
remove and truck to $221,019.09.
LaSalle Park We request that your Honorable Body please note these
3. Installation of bicycle Each 9 $140.00 $1,260.00 corrections.
pavement symbols in Mrs LoTempio moved:
addition to bike route That the Commissioner of Public Works be and he hereby is
signage authorized to correct item no. 27, CCP 4/15/97 to read Bond
4. Installation of guide L.S. 1 $5,000.00 $5,000.00 Fund# 201-401-009-00-000 and total encumbrance of
signs to and from Marine $221,019.09.
Midland Arena, Thruway PASSED.
Authority and NYSDOT to AYES-11. NOES-0.
supply I-190 and Rt. 33
signs. our contractor will supply and install telespar posts, NO.37
location signs and Thruway and NYSDOT signs at REPORTOFBIDS
approximately 17 locations. COLONELWARDPUMPINGSTATION
5. Additional wiring was Each 14 $ 99.72 $1,396.08 CLEANINGANDDISPOSALOFSLUDGELAGOON
required to connect SOLIDS,CONTRACTNO.34
upper receptacle to ground As authorized by your Honorable Body in Common
fault interceptor in bottom Council Proceeding No. 25 of April 1, 1997 Plans and
of decorating light specifications were prepared and sealed proposals accepted
standards on Scott Street. for Colonel Ward Pumping Station, Cleaning and Disposal of
6. concrete invert had to L.S. 1 $1,000.00 $1,000.00 Sludge Lagoon Solids, Contract No. 34.
be constructed in storm I submit the following report of all bids received
manhole on Scott Street. which were opened in my office at 11:00 a.m. on May 28, 1997:
7. Charge from Niagara Each 14 $ 50.00 $ 700.00 Kissell Excavation, Inc.
Mohawk Power Corp. 1026 Reilein Road
for powering decorative Cowlesville, New York 14037 $ 165,990.00
light standards on Scott Environmental Service Group (NY) Inc.
Street. 177 Wales Avenue, PO Box 242
8. Charge from Niagara L.S. 1 $2,698.00 $ 2,698.00 Tonawanda, New York 14151 $ 171,300.00
Mohawk Power Corp. to Integrated Waste Special Services
supply power from Main 201 Ganson Street
and Scott Streets Buffalo, New York 14203 $ 178,950.00
TOTAL ADDITIONS $22,645.33 Zoladz Construction Company, Inc.
B. I hereby submit to Your Honorable Body the 1389 Broadway Avenue
following deductions to the contract: Alden, New York 14004 $ 222,000.00
Reduced Unit Entech Management Services Corp.
Item No. Description Unit Quantity Price Cost 1008 Main Street
02.110 Unclsfd. Exc. Cu.Yd. -$717.59 $7.90 -$5,668.97 Buffalo, New York 14202 $ 246,861.00
02.120 Rock Excavation Cu.Yd. -$ 38.89 $114.50 -$4,452.90 I certify that the foregoing is a true and correct
02.4002 Milling Exist. Sq.Yd. -$1,739.22 $3.90 -$6,763.46 statement of all bids received and that Kissell Excavation, Inc.,
Pavement - 211 Depth 1026 Reilein Road, Cowlesville, New York is the lowest
03.270 Stone Screenings Ton -$200.00 $28.80 -$5,5760.00 responsible bidder complying with the plans and specifications
for Colonel Ward Pumping Station, Cleaning and Disposal of
TOTAL DEDUCTIONS -$22,645.33 Sludge Lagoon Solids, Contract No. 34, with their bid in the
The preceding deductions and additions to the contract were amount of $165,990.00.
deemed necessary to properly complete work on the project. I respectfully request that your Honorable Body
All costs were reviewed by the consultant and engineering staff authorize the Commissioner of Public Works to enter into a
and were found to be fair and equitable. Therefore, I contract with Kissell Excavation, Inc. in the amount of
respectfully request that Your Honorable Body approve the $165,990.00 plus approved unit prices for an additional
subject change order and authorize the Commissioner of $16,599.00 for a total encumbrance in the amount of
Public Works to issue said change order to DiPizio $182,589.00 the cost therefore for this project is to be charged
Construction Co., Inc. to the Division of Water's Capital Project Account, 416-983-
CONTRACT SUMMARY: 502.
Original Contract $1,651,804.88 The Engineer's estimate for this project was $225,000.00.
Change Order No. 1 Mrs. LoTempio moved:
Special Events Station (no cost) $ .00 That the above communication from the
This Change Order No. 2 Commissioner of Public Works dated June 13, 1997, be
(no cost) $ .00 received and filed; and
TOTAL $1,651,804.88 That the Commissioner of Public Works be, and
Mrs. LoTempio moved: he hereby is, authorized to award a contract for Cleaning and
That the communication from the Department of Public Works, Disposal of Sludge Lagoon Solids, Contract No. 34, to Kissell
dated June 12, 1997, be received and filed; and Excavation, Inc., the lowest responsible bidder in the amount of
That the Commissioner of Public Works be, and he hereby is, $I 65,990.00 plus approved unit prices for an additional
authorized to issue change order No. 2 to DiPizio Construction $16,599.00 for a total encumbrance in the amount of
Co., Inc., changes at no cost, as more fully described in the $182,589.00, with said cost to be charged to the Division of
above communication, for work relating to Marine Midland Water's Capital Project Account, 416-983-502.
Arena - Phase 11, Group No. 365, Contract No. 91851700. PASSED.
Funds for this project are to be credited to the proper account AYES-11. NOES-0.
in the Department of Public Works.
PASSED. NO.38
AYES-11. NOES-0. REPORTOFBIDS
BUFFALOFIREDEPARTMENT
NO.36 VEHICLEEXHAUSTSYSTEM
CORRECTIONOFBONDACCOUNTANDTOTAL ENGINE#10
CONTRACTENCUMBRANCE-REPORTOFBIDS- I asked for and received the following sealed proposals which
RECONSTRUCTIONOFCURBS&WALKSONELMWOOD were publicly opened and read on June 19, 1997:
AVENUE-GROUP#440 Air Cleaning Systems $11,950.00
On April 15, 1997 your Honorable Body approved Item #27, Air Cleaning Specialists $13,550.00
Report of Bids - Reconstruction of Curbs and Environmental Mgmt. No Bid
Sidewalks on Elmwood Avenue - North to Allen 1997, Group I hereby certify that the foregoing is a true and correct
#440. statement of all bids received and that Air Cleaning Systems, in
However, in error, the bond account number identified for this the amount of Eleven Thousand Nine Hundred Fifty and 00/1
project was listed as #201-401-007-00-000. The 00 ($11,950.00) is the lowest responsible bidder in accordance
Council Communication should have identified Bond Fund with the plans and specifications.
#201-401-009-00-000. I recommend that Your Honorable Body authorize the
Also, the total encumbrance for this project, reported in error, Commissioner of Public Works to order the work on the basis
as $224,510.00, should be changed to the corrected total of of the low bid. Funds for this work are available in CPF 201-
402-004. I hereby certify that the foregoing is a true and correct
Total estimate for this work was $12,000.00. statement of all bids received and that Air Cleaning Systems, in
Mrs. LoTempio moved: the amount of Two Thousand Two Hundred and 00/1 00
That the above communication from the Commissioner of ($2,200.00) is the lowest responsible bidder in accordance with
Public Works dated the plans and specifications.
June 19, 1997, be received and filed; and I recommend that Your Honorable Body authorize the
That the Commissioner of Public Works be, and he hereby is, Commissioner of Public Works to order the work on the basis
authorized to award a contract for Buffalo Fire Department, of the low bid. Funds for this work are available in CPF 201-
Vehicle Exhaust System, Engine#10, to Air Cleaning Systems, 402-004.
the lowest responsible bidder in the amount of $11,950.00. Total estimate for this work was $2,300.00.
Funds for this project are available in CPF 201-402-004. Mrs. LoTempio moved:
PASSED. That the above communication from the
AYES-11. NOES-0. Commissioner of Public Works dated June 19, 1997, be
received and filed; and
NO.39 That the Commissioner of Public Works be, and
REPORTOFBIDS he hereby is, authorized to award a contract for Buffalo Fire
BUFFALOFIREDEPARTMENT Department,VehicleExhaustSystem, Engine #38, Ladder #13,
VEHICLEEXHAUSTSYSTEM Engine #23, to Air Cleaning Systems, the lowest responsible
ENGINE#28 bidder in the amount of $2,200.00. Funds for this project are
I asked for and received the following sealed proposals which available in CPF 201-402-004.
were publicly opened and read on June 19, 1997: PASSED.
Air Cleaning Systems $12,970.00 AYES-11. NOES-0.
Air Cleaning Specialists $14,900.00
Environmental Mgmt. No Bid NO.42
I hereby certify that the foregoing is a true and correct REPORTOFBIDS
statement of all bids received and that Air Cleaning Systems, in BUFFALOFIREDEPARTMENT
the amount of Twelve Thousand Nine Hundred Seventy and VEHICLEEXHAUSTSYSTEM
00/1 00 ($12,970.00) is the lowest responsible bidder in ENGINE#4
accordance with the plans and specifications. I asked for and received the following sealed proposals which
I recommend that Your Honorable Body authorize the were publicly opened and read on June 19, 1997:
Commissioner of Public Works to order the work on the basis Air Cleaning Systems $11,880.00
of the low bid. Funds for this work are available in CPF 200-Air Cleaning Specialists $13,350.00
402-008. Environmental Mgmt. No Bid
Total estimate for this work was $13,000.00. I hereby certify that the foregoing is a true and correct
Mrs. LoTempio moved: statement of all bids received and that Air Cleaning Systems, in
That the above communication from the Commissioner of the amount of Eleven Thousand Eight Hundred Eighty and
Public Works dated June 19, 1997, be received and filed; and 00/1 00 ($11,880.00) is the lowest responsible bidder in
That the Commissioner of Public Works be, and he hereby is, accordance with the plans and specifications.
authorized to award a contract for Buffalo Fire Department, I recommend that Your Honorable Body authorize the
Vehicle Exhaust System, Engine #28, to Air Cleaning Systems, Commissioner of Public Works to order the work on the basis
the lowest responsible bidder in the amount of $12,970.00. of the low bid. Funds for this work are available in CPF 201-
Funds for this project are available in CPF 201-402-008. 402-004.
PASSED. Total estimate for this work was $12,000.00.
AYES-11. NOES-0. Mrs. LoTempio moved:
That the above communication from the
NO.40 Commissioner of Public Works dated June 19, 1997, be
REPORTOFBIDS received and filed; and
BUFFALOFIREDEPARTMENT That the Commissioner of Public Works be, and
VEHICLEEXHAUSTSYSTEM he hereby is, authorized to award a contract for Buffalo Fire
ENGINE#35,LADDER#15 Department, Vehicle Exhaust System, Engine #4, to Air
I asked for and received the following sealed proposals which Cleaning Systems, the lowest responsible bidder in the amount
were publicly opened and read on June 19, 1997: of $11,880.00. Funds for this project are available in CPF 201-
Air Cleaning Systems $18,780.00 402-004.
Air Cleaning Specialists $19,950.00 PASSED.
Environmental Mgmt. No Bid AYES-11. NOES-0.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Air Cleaning Systems, in NO.43
the amount of Eighteen Thousand Seven Hundred Eighty and REPORTOFBIDS
00/100 ($18,780.00) is the lowest responsible bidder in WINDOWREPLACEMENT
accordance with the plans and specifications. ENGINE19
I recommend that Your Honorable Body authorize the FORESTAVENUE
Commissioner of Public Works to order the work on the basis I advertised on June 3, 1997 received the following sealed
of the low bid. Funds for this work are available in CPF 201-proposals which were publicly opened and read on June 17,
402-004. 1997:
Total estimate for this work was $20,000.00. Base Bid Alt. #1 Alt. #2
Mrs. LoTempio moved: Marcon Erectors $16,275 $7,997 $2,200
That the above communication from the Commissioner of The following firms picked up plans and specifications but
Public Works dated June 19, 1997, be received and filed; and declined to bid:
That the Commissioner of Public Works be, and he hereby is, Infinity Windows
authorized to award a contract for Buffalo Fire McLean Thomas, Inc.
Department,Vehicle Exhaust System ,Engine #35, Ladder #15, WNY-MAC Assoc. Inc.
to Air Cleaning Systems, the lowest responsible bidder in the Window Specialist
amount of $18,780.00. Funds for this project are available in Alternate #1 is for the installation of double hung with curve
CPF 201-402-004. windows. Alternate #2 is for the installation of a new hollow
PASSED. metal door.
AYES-11. NOES-0. I hereby certify that the foregoing is a true and correct
statement of all bids received and that Marcon Erectors, with a
NO.41 base bid of $16,275, Alternate #1, $7,997, Alternate #2, $2,200
REPORTOFBIDS for a total of $26,472.00 is the lowest responsible bidder in
BUFFALOFIREDEPARTMENT accordance with the plans and specifications.
VEHICLEEXHAUSTSYSTEMUPDATES I recommend that Your Honorable Body authorize the
ENGINE#38/LADDER#13ENGINE#23 Commissioner of Public Works to order the work on the basis
I asked for and received the following sealed proposals which of the low bid. Funds for this work are available in CPF 201-
were publicly opened and read on June 19, 1997: 402-004.
Air Cleaning Systems $2,200.00 Total estimate for this work was $20,000.00.
Air Cleaning Specialists $4,300.00 Mrs. LoTempio moved:
Environmental Mgmt. No Bid That the above communication from the Commissioner of
Public Works dated June 19, 1997, be received and filed; and I respectfully recommend that your Honorable Body
That the Commissioner of Public Works be, and he hereby is, order the work, the cost thereof to be charged to the Division of
authorized to award a contract for Window Replacement, Engineering Bond Fund Accounts #200-401-03 1 -00-000 and
Engine 19, Forest Avenue, to Marcon Erectors, with a base bid #201-401-009-00-000 in an Amount of $79,960.40 for a total
of $16,275, Alternate #1, $7,997, Alternate #2, $2,200, for a encumbrance of $79,960.40. The engineer's estimate for this
total of $26,472.00, the lowest responsible bidder. Funds for work is $ $95,830.00.
this project are available in CPF 201-402-004. The attached is certified to be a true and correct
PASSED. statement of the two (2) lowest bids received. Under provisions
AYES-11. NOES-0. of the General Municipal Law, any of the bidders may withdraw
his bid if an award of the contract is not made by July 21, 1997.
NO.44 Individual bid submissions are available in our office for
REPORTOFBIDS inspection and copies are available upon request.
AMHERSTSTREETRECONSTRUCTION Mrs. LoTempio moved:
ELMWOODAVENUETOGRANTSTREET That the above communication from the Commissioner of
GROUP#433 Public Works dated June 17, 1997, be received and filed; and
ITEMNO.47;C.C.P.09/03/96 That the Commissioner of Public Works be, and
This is to advise Your Honorable Body that I have advertised he hereby is, authorized to award a contract for Niagara District
and received bids on June 18, 1997 for the Reconstruction of Curbs and Sidewalks on Bryant Street between Elmwood and
Amherst Street from Elmwood Avenue to Grant Street, Group Ashland, Group No. 413, to P & J Construction Company, Inc.,
No. 433. the lowest responsible bidder in the amount of $79,960.40, with
In obtaining bids for the above project, I have asked for bids on said cost to be charged to the Division of Engineering Bond
a unit price basis covering the various items of work and Fund Accounts #200-401-031-00-000 and #201-401-009-00-
material which will be performed. The final cost of the work will 000.
be based on the actual measured quantities of materials PASSED.
entering into the work and may be either more or less than the AYES-11. NOES-0.
total bid. The bid documents included a clause that would
enable the Department of Public Works to extend the NO.46
boundaries easterly one block to Lincoln Parkway, depending TRAFFICSIGNAL-
on funds available. The following bids were received: FRANKLIN/MOHAWK
CONTRACTOR TOTAL BID PRICE ITEMNO.80;C.C.P.10/29/96
M.P.J. Contracting $1,864,593.73 This is in response to Item No. 80 of October 29, 1996 in
Destro and Brothers $2,090,992.75 which the Department of Public Works was asked to
C. Destro Development $2,141,931.25 investigate the operation of the traffic signal at the comer of
Masters Edge $2,293,326.35 Franklin and Mohawk Streets. Please be advised that the
Thomann & Loewer $2,460,660.00 Traffic Engineering division has completed its study, results of
DiPizio Construction, Inc. $2,563,205.62 which are detailed below:
I hereby certify that the lowest responsible bidder for the above 1.) The existing signal currently operates in a flashing
project is M.P.J. Contracting and I respectfully recommend that mode, with red indications for Mohawk Street traffic
Your Honorable Body order the work, the cost thereof to be and amber (yellow) indications for Franklin Street
charged to the Capital Projects Fund No. 200-401-003, in the traffic.
base bid of $1,864,593.73, plus approved unit prices for an 2.) Using the warrants listed in the Manual of Uniform
additional $94,000.00 for a total of $1,958,593.73. Traffic Control Devices regarding the operation of
The engineer's estimate for this work is $2.1 million. traffic signals, traffic volumes at the intersection do not
Under provisions of the General Municipal Law, any of the mandate a twenty-four (24) hour red-yellow-green
bidders may withdraw his bid if an award of the contract is not operation.
made by August 1, 1997. Individual bid submissions are 3.) Peak-hour traffic and pedestrian volumes do show a
available in our office for inspection and copies are available need for regular (red-yellow-green) signal operation.
upon request. Given the above, this department will install pedestrian
Mrs. LoTempio moved pushbuttons on the traffic signals in this intersection. These
That the above communication from the Commissioner of buttons, when pressed by pedestrians, will cause the signal to
Public Works dated June 19, 1997, be received and filed; and change from its flashing mode to a red-yellow-green operation.
That the Commissioner of Public Works be, and he hereby is, The signal will cycle to full-red on Franklin and allow
authorized to award a contract for Amherst Street pedestrians time to safely cross the street. After completion of
Reconstruction, Elmwood Avenue to Grant Street, Group No. a "pedestrian-cycle", the signal will again revert to its flashing
433, to M.P.J. Contracting, the lowest responsible bidder in the operation.
base bid of $1,864,593.73, plus approved unit prices for an All necessary work to accomplish this task will be done by City
additional $94,000.00 for a total of $1,958,593.73, with said signal personnel. The schedule time of completion is August,
cost to be charged to the Capital Projects Fund No. 200-401-1997.
003. REFERRED TO THE COMMITTEE ON LEGISLATION
PASSED.
AYES-11. NOES-0. NO.47
1997BUFFALOWATERSYSTEMPROJECT
NO.45 Enclosed for your review and approval are the following
REPORTOFBIDS documents:
NIAGARADISTRICTCURBS&SIDEWALKS 1. Memorandum of Understanding and Agreement between the
ONBRYANTSTREETBETWEEN City of Buffalo, Buffalo Water Board, American Anglian
ELMWOOD&ASHLAND-GROUP#413 Environmental Technologies, Local 264 A.F.S.C.M.E., Local
ITEMNO.23,C.C.P.2/18/97 650 A.F.S.C.M.E., Operations Engineers Local 71, and
This is to advise your Honorable Body that I have Teamsters Local 264.
advertised and received bids on June 4, 1997 for Niagara 2. Amendment dated as of July 1, 1997 together with the
District Curbs & Sidewalks on Bryant Street. Financing Agreement dated as of September
In obtaining bids for the above project, I have asked 24, 1992 by and between the City of Buffalo, Buffalo Water
for bids on a unit price covering the various items of work and Board and the Buffalo Municipal Water
material which will be performed. The final cost of the work will Finance Authority marked and compared to show the changes
be based on the actual measured quantities of materials proposed by the amendments dated June
entering into the work and may be either more or less than the 18, 1997.
total bid. 3. Amendment dated as of July 1, 1997 together with
The following bids were received: the Operation Agreement dated as of September 24, 1992 by
Base Bid and between the City of Buffalo and the Buffalo Water Board
P & J Construction Company, Inc. $76,960.40 marked and compared to show the changes proposed by the
M.P.J. Contracting, Inc. $85,604.60 amendments dated June 18, 1997.
C. Destro Development Co., Inc. $96,955.50 These are the documents for consideration at the public
A.B.P. Concrete Co., Inc. $97,061.50* hearing to be jointly held by the Buffalo Water Board, the
Master's Edge, Inc. $115,176.00 Buffalo Municipal Water Finance Authority and Your Honorable
*Adjusted Amount Body on June 23, 1997.
I hereby certify that the lowest responsible bidder for These documents have not received final approval of the
the above project is P & J Construction Company, Inc. Buffalo Water Board or the Buffalo Municipal Water Finance
Authority. C.C.P.04/02/91
REFERRED TO THE COMMITTEE ON WATER. C.C.P.03/19/91
C.C.P.07/23/91
NO.48 This is to inform your Honorable Body that Phase II of the
CREATE"NOPARKINGZONE Department's Computer Aided-Dispatch Project is now
ONFRANKLINSTREET proceeding forward with the implementation of the Records
BETWEENSENECAANDSWANSTREETS Management/Mobile Data Computer Phase. Be advised that
ITEMNO.168,C.C.P.05/13/97 the original contract with TIBURON has been extended with
This is in response to Item No. 168 of May 13, 1997 in which approval from the Corporation Counsel.
the Department of Public Works was asked to change the The funding for this major technological project has been
current "No Standing" zone on Franklin Street between Seneca authorized and approved and will total approximately $4 million
and Swan to a "No Parking" zone. This change, if enacted, dollars. The sources for this funding are Department of Justice
would allow businesses in the area the ability to load/unload Grant Funds ($1,596,000) and the remaining $2,404,000 is a
passengers/merchandise from the street in a safe and efficient combination of bond funds and capital improvement funds.
manner. If you have any questions with regard to project, please feel
The Traffic Engineering Division has reviewed the request, and free to contact Lieutenant Mark Makowski at ext. 5643.
has no objection to the change from "No Standing" to "No RECEIVED AND FILED.
Parking". The necessary serial communications have been
prepared and submitted for Your Honorable Body's FROMTHECORPORATIONCOUNSEL
consideration. NO.53
Given their "passage" and the forty-five (45) day waiting period ENFORCEMENTPOLICY-ALTERNATEPARKING
required by law, the zone should be posted for "No Parking" in ITEMNO.125,C.C.P.,5/13/97
August, 1997. ITEMNO.,159,C.C.P.,5/27/97
REFERRED TO THE COMMITTEE ON LEGISLATION. You have requested a response from the Law
Department regarding the enforcement of alternate parking
NO.49 regulations on certain City streets. You have specifically asked
CHANGESTREETNAME- whether the regulations should be altered for the City of Buffalo
PORTIONOFMICHIGANAVENUE as a whole or just for particular streets.
ITEMNO.50;C.C.P.05/13/97 The enforcement of alternate parking may be applied to
This is in response to Item No. 50 of May 13, 1997 which particular streets, but should be applied equally according to a
asked the Department of Public Works to comment on the similar standard. If one area of the City has narrow streets,
above mentioned subject. then a policy to address that size street may be developed.
Renaming segments of City streets causes numerous Yet; on the other side of the City, a street of the same width
problems from an engineering and safety standpoint. In the should not be enforced according to a different standard.
past this department, along with Police, Fire and other There are numerous factors that affect parking
emergency response services have expressed our concerns regulations (street width, traffic patterns, character of
about having more than one name for various segments of neighborhood {residential, commercial, industrial)), all of which
continuous streets. These multiple names create a great deal must be considered when formulating a parking policy.
of confusion and aggravation for affected parties. They can Introducing regulations that only affect certain streets is
also create a dangerous situation by delaying the response of allowable, as long as that same regulation will be carried
emergency vehicles. Streets such as Michigan Avenue are forward onto other similarly situated streets.
classified as major arterials in the transportation system and RECEIVED AND FILED
changes of this type which could affect safety and travel NO.54
pattern are not recommended. RENAMINGGLEASNER/MANHATTANPARK
The United States Postal Service also has raised concerns TOROBERSONPARK
regarding renaming of portions of City streets. This "renaming" ITEMNO.153,C.C.P.,6/10/97
directly affects the delivery of mail to homeowners/residents in You have requested a response from the Law
the "changed" area. Department regarding the resolution by Councilmember Brown
In addition, a tremendous burden is placed on all property to change the name of Gleasner/Manhattan Park to Roberson
owners and residents in the affected area. All property deeds, Park. The question of name changes was previously
licenses, insurance policies - in fact, anything that has an addressed by this Department in Item No. 33, C.C.P., 2/6/96.
address attached to it - must be painstakingly changed by the As previously stated,
resident/property owner. "In order to change the name of a City property, the procedure
Given the above, the Department of Public Works adamantly provided for in Section 286-3 of the code of the City of Buffalo
opposes the renaming of a portion of Michigan Avenue or must be followed. Either a petition from City residents, a
another City street. written communication from the Mayor, or resolution from a
REFERRED TO THE COMMITTEE ON LEGISLATION. Councilmemberrequesting the name change must be filed to
initiate the process. That request must contain the proposed
NO.50 name, the existing name and a brief justification for the name
1997BUFFALOWATERSYSTEMPROJECT change. Then the Council may vote to approve or deny the
On June 23, 1997, the Buffalo Water Board held a public request.
hearing to discuss the proposed changes in the Operation and
Financing Agreements. Attached are the comments that I The City Clerk must publish the notice of intention to change
presented on behalf of the Buffalo Water Board and the Buffalo the name, which shall include the proposed name, the existing
Municipal Water Finance Authority. These comments are name and the time and place of the public hearing. The notice
being filed with Your Honorable Body for informational shall be published once a week for two (2) consecutive weeks.
purposes only. The public hearing shall be held within ten (IO) days after the
REFERRED TO THE COMMITTEE ON WATER. last publication date."
To change the name of the park, a majority vote is
FROMTHECOMMISSIONEROFPOLICE required to approve the change. The resolution in this
NO.51 particular instance is legally sufficient to schedule a public
CHECKSRECEIVED hearing on this request and to bring it to a vote. Within thirty
ITEMNO.104,C-C.P.2/2/88 (30) days after the public hearing, the Council must act on the
C2-97-0020 8155-00105457 $ 679.20 name change. If the Council fails to act within the thirty (30)
C2-95-0094 - 8155-00105601 1,594.35 day period, the request shall be deemed refused.
TOTAL DEPOSIT $ 2,273.55 RECEIVED AND FILED.
The above referenced property has been administratively NO.55
forfeited by the Drug Enforcement Administration. (DEA). PROPOSEDPURCHASEOFJERSEYAND
These checks were received by this Department and duly PLYMOUTHFIRESTATION
deposited in the Trust & Agency Account, #610-200-217-00-ITEMNO.104,C.C.P.,5/27/97
300. You requested a response from the Law Department
RECEIVED AND FILED. regarding a proposed purchase of the fire station at Jersey and
Plymouth. At present, the City has not abandoned the
NO.52 property, which is necessary prior to the sale of real property
INFORMATIONAL:PHASEIIOFCOMPUTERAIDEDowned by the City that was originally acquired for public use.
DISPATCH:RECORDSMANAGEMENT/MCTPHASE Once it is abandoned, Sections 513, 514 and 515 of the
ITEMNO.C.C.P.07/09/91) Charter of the City of Buffalo require the City to either have the
property appraised or offered for sale at public auction. The
property would then go to the party that offers the best price NO.59
and has demonstrated that they have the financial resources to SIDEWALKSHOVELING
make the purchase. ITEMNO.187,C.C.P.,1/23/96
If you have any further questions, please contact this office. ITEMNO.86,C.C.P.,3/5/96
REFERRED TO THE COMMITTEE ON FINANCE. You have requested a response from the Law Department
regarding the feasibility of enforcing the City of Buffalo's
NO.56 sidewalk shoveling ordinance, Article VIII, § 413-50 of the Code
VARIOUSNIAGARAMOHAWKPOWER of the City of Buffalo ("Code"), the advisability of establishing a
CORPORATIONAGREEMENTSWITHTHE program to assist businesses and residents in shoveling their
CITYOFBUFFALO sidewalks and the possibility of imposing liability on individuals
ITEMNO.127,C.C.P.,5/13/97 who fail to shovel their property. Any involvement in providing
You have requested the Corporation Counsel to snow shoveling services, either directly, or through coordination
provide information regarding present and/or expired of volunteers will result in an increase in the number of actions
agreements the City of Buffalo has with Niagara Mohawk filed against the City, and augment liability exposure, as well as
Power Corporation. Pursuant to the Section II 3 of the Charter defense costs.
of the City of Buffalo, the Comptroller has the duty to "keep on Article XX, §362 of the Charter of the City of Buffalo
file in his office all undertakings and vouchers ... ("Charter") imposes the requirement that the City receive prior
contracts,
written notice of defects in its streets as a "condition
(emphasis added)." Though the Law Department prepares or
precedent" to liability for losses suffered. This includes slip
approves contracts as to form, the Audit and Control
and fall injuries on snow covered and/or icy public sidewalks.
Department has the responsibility of maintaining copies of all
Charter provisions of this nature are specifically authorized by
agreements entered into f y The Comptroller may be in a
O
General Municipal Law §50-e(4), and have been upheld.
Leary
better position to answer your inquiry.
1 5 A. D. 2d 260, 496 N. Y. S. 2d 169,
REFERRED TO THE COMMITTEE ON FINANCE, THE v City of Rochester, I
COMPTROLLER AND THE COMMISSIONER OF PUBLIC 6 7 N.Y.2d 866, 501 N.Y. S.2d 663 (1986).
affirmed
WORKS.
However, program sponsorship will allow injured pedestrians
NO.57
to allege that the City failed to properly train and supervise
PORTIONOFMICHIGANAVENUE
volunteers, and otherwise caused conditions to become more
NAMECHANGE
dangerous as the result of improper removal of snow and/or
ITEMNO.50,C.C.P.,5/13/97
ice. Where there is evidence that a municipality affirmatively
You have requested a response from the Law
caused or created the dangerous condition, the courts have
Department regarding the proposal of Mrs. Ellen Morse to
held that prior written notice of defect is not required.
Kiernan
change the name of a portion of Michigan Avenue to Richard
73 N.Y.2d 840, 537 N.Y. S.2d 122 (1988),
v. Thompson,
Allen Boulevard. This question of name changes was
194 A.D.2d 973, 599 N.Y.S.2d
Harton v. City of Schenectady,
previously addressed by this Department in Item No. 33,
171 (3rd Dept. 1993). 96 A. D.2d
Barrett v. City of Buffalo,
C.C.P., 2/6/96. As previously stated,
709, 465 N. Y. S. 2d 3 76 (4th Dept. 1983).
"In order to change the name of a City property, the
Currently, § 413-50 of the Code imposes on owners and
procedure provided for in Section 286-3 of the code of the City
occupants the obligation to remove snow from adjoining public
of Buffalo must be followed. Either a petition from City
sidewalks. However, the failure to do so will not render an
residents, a written communication from the Mayor, or
owner or occupant liable for any resulting injuries. Conversely,
resolution from a Councilmember requesting the name change
compliance with the Code may result in personal liability if, as
must be filed to initiate the process. That request must contain
with City-sponsored programs, it can be shown that the
the proposed name, the existing name and a brief justification
adjoining owner or occupant made the condition more
for the name change. Then the Council may vote to approve or
dangerous.
deny the request.
The general rule of law is that in order to effectively impose
The City Clerk must publish the notice of intention to
tort liability, a law or ordinance must contain explicit language to
change the name, which shall include the proposed name, the
the effect that failure to comply will result in such liability. In
existing name and the time and place of the public hearing.
78 A.D.2d 1000, 433 N.Y.S.2d 915
Sacco v. City of Buffalo,
The notice shall be published once a week for two (2)
(4th Dept. 1980), the Fourth Department held that there was no
consecutive weeks. The public hearing shall be held within ten
valid transfer of tort liability to the adjoining property owner
(10)days after the last publication date. "
because Buffalo's Code did not explicitly state that failure to
Within thirty (30) days after the public hearing, the
obey would result in personal liability. In
Giangotti V. Grauer,
Council must act on the name change. To change the name of
158 A.D.2d 968, 551 N.Y. S.2d 121 (4th Dept. 1990), again
the street, or a portion thereof, a three-fourths (3/4) vote is
applying the general rule, the court held there was no cause of
required to approve the change. If the Council fails to act
action against abutting landowner for failure to remove ice and
within that thirty (30) day period, the request shall be deemed
snow from a public sidewalk. See also
Schiavone v. Palumbo,
refused.
177 A.D.2d 1045, 578 N.Y.S.2d 58 (4th Dept. 199 1) finding
The petitions in this particular instance, however, are
no liability based on the non-explicit language of the Town of
legally insufficient to bring this request to a vote. The petitions
Tonawanda Code. The most recent Fourth Department
fail to identify which portion of Michigan Avenue will be
pronouncement on this issue is in accord with its previous
renamed and also fail to provide any justification for the name
holdings. 178 A.D.2d 978, 578 N.Y.S.2d
Giotto v. Gaetano,
change. The Council can neither schedule a public hearing nor
320 (4th Dept. 1991).
vote on the request until such request is made in a legal
Until recently only one appellate court had dealt with the
manner.
issue of a city attempting to impose liability for sidewalk
REFERREDT0 THE C0MMITTEE 0N LEGISLATION.
maintenance to adjoining owners. In - A.D.
Hauser v. Giunta,
2d _, 629 N.Y. S.2d 462 (2nd Dept. 1995) such transfers were
NO.58
ruled illegal. However, in May of this year, the Court of Appeals
FECCOMMERCIALINFRASTRUCTURE
reversed, and explicitly ruled that such liability transfers are
ADMINISTRATIVEAGREEMENT
valid. 88 N.Y. 2d 449, 646 N.Y.S.2d 490
Hauser v. Giunta,
Attached for your approval is the Administrative
(1996). Left undecided by the court is the issue of
Hauser
Agreement between the Department of Public Works and the
whether such transfers would eliminate municipal liability, as
Federal Enterprise Community ("FEC"), which allows the FEC
opposed to merely making adjoining owners liable in addition to
to provide funding in the amount of approximately Five Hundred
the municipality.
Thousand Dollars ($500,000) to the City to resurface City
the language of the ordinance which passed
In Hauser,
pavements.
judicial muster should serve as a model for any contemplated
Mrs. LoTempio moved:
revision of Buffalo's Code. However, because the ordinance
That the above communication from the
covers owners and occupants, it is unclear whether tenants
Department of Law dated June 19, 1997, be received and filed;
would also be rendered liable. The ordinance in question
and
provided that:
That the Commissioner of Public Works be, and
"The owner or occupant of lands fronting or abutting on any
he hereby is, authorized to enter into the Administrative
street, highway, traveled road, public lane, alley or square, shall
Agreement between the Department of Public Works and the
make, maintain and repair the sidewalk adjoining his lands and
Federal Enterprise Community, which allows the FEC to
shall keep such sidewalk and the gutter free and clear of and
provide funding in the amount of approximately $500,000 to the
from snow, ice and all other obstructions. Such owner or
City to resurface City pavements.
occupant and each of them, shall be liable for any injury or
PASSED
damage by reason of omission, failure or negligence to make,
AYES- 11 NOES- 0
maintain or repair such sidewalk."
facilitating the establishment and location of these certain
The inclusion of "occupants" i.e., tenants, into any human service facilities and legitimate concerns about over
prospective ordinance revision is not recommended, as concentration. See, In the Matter of Mayor Gerald D.
residential tenants, especially in the less affluent areas of Jennings v. New York State Office of Mental Health, et al.
Buffalo, are less likely to have any insurance coverage. (June 12, 1997), as reported in
Me New York Law Journal
Furthermore, any property owner who wishes to impose the
on June 13, 1997. As a result, extending Article 27 for an
duty to maintain sidewalks upon a tenant may do so by
indefinite term at the present time could run counter to a
contract.
judicial mandate to proceed with caution in both regulation
REFERREDT0 THE C0MMITTEE 0NLEGISLATION.
and decision making in this area.
As an amendment to the Zoning Ordinances, a
NO.60
public hearing and notice of such public hearing are
OUTDOORPAYTELEPHONES
required pursuant to Section 511-126 (D)(1) of the Code of
ITEMNO.161,CCP4/29/97
the City of Buffalo. The City Clerk must give at least ten
You have requested that this office comment on
(10) days' notice of the time, place and object of the
the Resolution by Councilmember-at large Beverly A. Gray
hearing by publication in a newspaper of general circulation
regarding the regulation of outdoor pay telephones and the
in the City of Buffalo.
legality of regulating such phones.
REFERRED T0 THE C0MMITTEE 0N LEGISLATION.
The resolution states, in part, that "[the current
City Ordinance for the removal of all illegal pay telephones
NO.62
does not allow for the removal of any illegal pay phones not in
RESIDENCYISSUES
the City right-of-way even if the telephone is attached to the
ITEMNO.187,C.C.P.,3/18/97
outside of a private building". We note that the current City
ITEMNO.157,C.C.P.,4/15/97
Ordinance regulates pay telephones in the City right-of-way
ITEMNO.135,C.C.P.,5/13/97
and those that project or hang over the City right-of-way.
ITEMNO.,201,C.C.P.,5/27/97
Buffalo Code §441-1. Additionally, the current City
You have requested a response from the Law
Ordinance regulates pay telephones that are situated so that
Department regarding various items related to residency. Brief
they can be used by a person standing on City-right-of-way.
answers to the issues raised shall be addressed below.
Buffalo Code §441-2. As a result, pay telephones that are
Terminate Employees Who Violate Residency
attached to a private building which either (1) project or hang
Requirements - Request Ordinance from Law Department
over City right-of-way, or (2) are situated so that they can be
Section 35-6 of the Code of the City of Buffalo (the
used by a person standing on City right-of-way are currently
"Code") requires each City employee to be a permanent
regulated by the City. If these pay telephones are not in
resident of the City. Enforcement of this section is vested with
compliance with Buffalo Code Chapter 441 (Telephone
the appointing authority and the Municipal Civil Service
Facilities) they are subject to the monetary fines and removal
Commission. Section 35-6 states that any employee who fails
penalties contained in Buffalo Code Chapter 441. These
to comply with the residency requirement, "which failure shall
sanctions exist without any amendment to the current City
be established at a hearing upon stated charges, shall forfeit
Ordinance.
his employment and shall be removed therefrom." The New
With regard to the City's ability to regulate outdoor
York State Supreme Court has recently ruled, on a challenge
pay telephones on private property, we are of the opinion that
by AFSCME Local 650, that the Civil Service Commission may
the City can regulate the placement and location of outdoor
conduct hearings and terminate employees who are in violation
pay telephones on private property to ensure that the
of the residency requirement in Section 35-6. Therefore, the
placement and location will not be detrimental to the public
desired penalty, immediate termination for employees violating
welfare nor injurious to other property or improvements in the
the residency requirement, is already contained in the Code,
area in which they are located. See, e.g. Independent Coin
and the Civil Service Commission's authority to enforce it has
Payphone Association. Inc. v. City of Chicago, 863 FSupp
been affirmed. No amendment to the Code is required.
744 (ND 111. 1994). Any legislative enactment in this area
Increase Number of Documents Required as Proof of
should be buttressed by a Common Council investigation and
Residency
findings of fact to support such legislation as well as the
Section 35-6 of the Code requires each City
existence of a situation showing or indicating its need or
employee to be a permanent resident of the City. Enforcement
desirability. Moreover, a licensing requirement for outdoor
of this section is vested with the appointing authority and the
pay telephones on private property may have to be different
Municipal Civil Service Commission. All employment
than the City's current licensing requirements for outdoor pay
applications go through the Civil Service Commission. The
telephones on City right-of-way. For example, the current
Commission requires job applicants to produce sufficient
requirement providing for the payment of commissions to the
evidence of City residence. If the Commission is not satisfied
City from the licensee of an outdoor pay telephone on City
with the materials produced, it may request further evidence
right-of way may be more difficult to justify for outdoor pay
from the applicant.
telephones that are located on private property. While the
While the Common Council may certainly make
City may collect a licensing fee to recoup our costs, we may
recommendations to the Civil Service Commission on how it
not be possess a sufficient interest in the pay telephone to
should determine residency, enumerating examples of
collect a percentage of the operation of such pay telephone.
evidence of residency may defeat the objectives of the
REFERRED T0 THE COMMITTEE 0N LEGISLATION.
residency requirement in Section 35-6. The Civil Service
Commission's mandate under the Civil Service Law and the
NO.61
Code is to determine residency as a matter of fact, not to
RESTRICTEDUSEPERMITFORHUMAN
establish a minimum standard which nonresidents could
SERVICEFACILITIES
potentially meet through falsification of documents.
ITEMNO.163,C.C.P.,5/13/97
Establishing a list of residency proofs may assist nonresident
You have requested the Law Department to file
employees in establishing a paper trail of City residence while
an ordinance amendment which would remove the sunset
actually residing elsewhere. Such a list may be seen as a
provision of Chapter 51 1, Article 27 of the Code of the City
restriction on the authority of the Civil Service Commission to
of Buffalo ("Article 27"), which would perpetuate the
detect those who falsely claim residence by consideration of all
process for requiring human service facilities to apply for a
indicia of residence. Conversely, it is possible that a resident
special use permit prior to locating on a site within the City
may not be able to produce all of the documents listed in the
of Buffalo.
resolution. For example, a resident who does not own or drive
The Law Department recommends extending
an automobile would not be able to provide a driver's license or
Article 27 for another year, rather than making it
an automobile registration, but would presumably have no
permanent. In our view, land use regulations such as
difficulty demonstrating residence through production of other
Article 27 which are designed to prevent over concentration
documentation.
of specific uses such as human service facilities are more
Residency Requirements and Enforcement for
properly applied on a periodic basis rather than for an
Employees of the Division of Water
infinite term. This view stems from a recognition that land
Employees of the Division of Water are subject to
uses and potential over concentration of particular uses are
the residency requirement in Section 35-6. In the current
inherently flexible matters that change over time. An
negotiations regarding contract operation of the City water
ordinance that reviews these matters on a periodic basis is
system, it is contemplated that employees of the Division of
consistent with the inherent nature of these uses and the
Water will remain City employees, and thus will continue to be
stated Legislative Findings and Intent of Article 27.
subject to the provisions of Section 35-6.
Moreover, a recent Court of Appeals decision
Establish Non-Resident Fees for Civil Service Exam
has recognized the delicate balance between the goal of
Applications
Governmental regulations on residency affect the March 18, 1997, this department received the following sealed
fundamental rights under the U.S. Constitution to employment proposals for the "Neighborhood Information center
and travel. Consequently, the right of nonresidents to compete Interior Finishes Project" which were publicly opened
equally for employment with residents may not be interfered and read on June 12, 1997-
with, unless the municipality can demonstrate a "compelling
governmental interest" for treating nonresidents differently than General Construction Base Bid
nonresidents, and there is no less intrusive means of Maralex Inc. (WBE) No Bid
accomplishing the government objective. 100 River Rock Drive., Suite 301
The stated government objective of charging a Buffalo, NY 14207
higher Civil Service examination fee to nonresidents is alleviate Aladdin Construction Co., Inc. (MBE) No Bid
the cost of administering the exams. Administrative 484 Niagara Street
convenience or the need for income have been uniformly Buffalo, NY 14201
rejected by the courts as government interests sufficient to Chesley Corp. $33,000
interfere with a fundamental constitutional right. There are also 28 Garden Ave.
less intrusive means of accomplishing the objective, such as West Seneca, NY 14224
charging a higher fee to all applicants. Bennett Electric (MBE) No Bid
With respect to the example used in the resolution of 1668 Main Street
resident/nonresident fees established for City parks, there is no Buffalo, NY 14209
fundamental constitutional fight to use City parks, and therefore Lamparelli Construction Co., Inc. $16,273.
a much lower standard of constitutional review is applicable. 3370 Broadway, Suite #2
The quality and cost of maintenance of the City parks are Cheektowaga, NY 14227
rationally related to tax revenue generated by residents of the Miller Enterprises No Bid
City and provide a basis to charge nonresidents more for their 584 Taunton Place
use of the parks. Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Estimate for General Construction Work was $12,250.
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT Electrical Work Base Bid
NO.63 Maralex Inc. (WBE) No Bid
BIDSKINGSLEYPARKWELLMONITORING 100 River Rock Drive., Suite 3 01
ANDMAINTENANCE Buffalo, NY 14207
The Department of Community Development hereby Aladdin Construction Co., Inc. (MBE) No Bid
requests permission to take bids for the above project, and 484 Niagara Street
has asked for and received the following bids for Kingsley Buffalo, NY 14201
Park well sampling and monitoring on May 22, 1997: Chesley Corp. $15,000
.
Company Bid
28 Garden Ave.
Acres International $12,400.00
West Seneca, NY 14224
URS Greiner $15,062.00
Bennett Electric (MBE) $21,176.
Clough Harbour $21,800.00
1668 Main Street
Sear Brown Group $23,500.00
Buffalo, NY 14209
A/E Group, Inc. $32,400.00
Electrical Work
I hereby certify that the foregoing is a true and
Lamparelli Construction Co., Inc. No Bid
correct statement of the bids received. We are accepting the
3370 Broadway, Suite #2
low base bid of $12,400.00. Therefore, Acres International
Cheektowaga. NY 14227
Corporation, 140 John James Audubon Parkway, Amherst,
Miller Enterprises No Bid
New York is the lowest responsible bidder in accordance with
584 Taunton Place
the plans and specifications. Furthermore, an additional
Buffalo, NY 14216
$12,600.00 is requested to perform groundwater well
IN-COM Electrical Construction Corp. (MBE) $15,900.
maintenance and repair, for a total request of $25,000.00.
1067 Harlem Road
This work is based on unit prices presented below:
Buffalo, NY 14227
Acres Inter.l URS Greiner CloughHarbour
Industrial Power & Lighting Corp. No Bid
701 Seneca Street
Well abandon $25/ft. $60/ft. $20/ft.
Driscoll Electrical Construction $13,300.
Well replace $40/ft. $85/ft. $35/ft.
P.O. Box 1122, Ellicott Station
Well develop $50/hr $65/hr. $50/hr
Buffalo, NY 14205-1122
Replace curb box $200 each $150 each $200
CVM Electric Inc. $17,227.
Locking caps $50 each $25 each $20 each
220 Dingens Street
Staff oversight $68/hr. $35- $45/hr $40hr.
Buffalo, NY 14206
Sear Brown Group A/E Group, Inc.
Weydman $16,998.
Well Abandon $100 ea.+ $100 mob $17/ft. + $300
747 Young
Well replace $1000 each + $100 mob $28/ft. + $300 mob
Tonawanda, NY 14150
Well Develop. $75/hr. + $100 mob $55/hr.
Estimate for Electrical Work was $8,200.
Replace curb box $400 ea.+ $100 mob $140 each
Plumbing Work Base Bid
Locking Caps $20 each $60 each
Maralex Inc. (WBE) No Bid
Staff oversight r $55/hr
100 River Rock Drive., Suite 301
I recommend that your Honorable Body authorize
Buffalo, NY 14207
the City to order the work on the basis of the low bid. Funds
Aladdin Construction Co., Inc. (MBE) No Bid
for this work are available in Bond Fund Account 200-717-
484 Niagara Street
042.
Buffalo, NY 14201
Mrs. LoTempio moved:
Chesley Corp. $4,200
That the above communication from the
28 Garden Ave.
Commissioner of Community Development dated June 5,
West Seneca, NY 14224
1997, be received and filed; and
Bennett Electric (MBE) No Bid
That the Commissioner of Community
1668 Main Street
Development be, and he hereby is, authorized to award a
Buffalo, NY 14209
contract for Kingsley Park Well Monitoring and Maintenance, to
Lamparelli Construction Co., Inc. No Bid
Acres International, the lowest responsible bidder in the low
3370 Broadway, Suite #2
base bid of $12,400.00, with an additional $12,600.00 to
Cheektowaga, NY 14227
perform groundwater well maintenance and repair, for a total
Miller Enterprises No Bid
request of $25,000.00. Funds for this project are available in
584 Taunton Place
Bond Fund Account 200-717-042.
Buffalo, NY 14216
PASSED
Kipphut & Neumann Co., Inc. No Bid
AYES- 11 NOES- 0
120 West Tupper
NO64
Buffalo, NY 14202
REPORTOFBIDS-1170BROADWAY
Joseph Carino Plumbing & Heating Inc. $8,485.
NEIGHBORHOODINFORMATIONCENTER
419 Auburn Ave.
INTERIORFINISHESPROJECT
Buffalo, NY 14222
As authorized by your Honorable Body, Item No.52, CCP,
Plumbing. Work
W.C. Roberson Plumbing & Heating Inc-MBE) $9,760. approved, with said cost to be charged against Capital Projects
602 East Delavan Ave. Fund #200-241-003-00000.
Buffalo. NY 14211 PASSED AYES- 11 NOES- 0
Toronto Bradshaw Plumbing (MBE) No Bid
775 Main Street. Suite 230 NO66
Buffalo. NY 14203 EMERGENCYDEMOLITIONBID364WILLIAM
Tanguay Plumbing (MBE) No Bid Due to the very serious and hazardous condition(s) of the
1314 Hyde Park Blvd. building(s) located at the below stated property(ies),
Niagara Falls. NY 14301 inspections were conducted by this department and it was
determined that immediate demolition was necessary due to (1)
S & S Mechanical Contractors (MBE) No Bid the structural condition of the building(s) and/or (2) the
2495 Kensington Ave. resulting dangerous and hazardous condition which exists at
Amherst. NY 14226 this(these) location(s), i.e., in accordance with the guidelines
Estimate for Plumbing Work was $5,000 outlined in Chapter II 3 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were
I hereby certify that the foregoing is true and correct solicited on May 5, 1997 and the contract(s)will be awarded to
statement received and the following are the lowest bidders in the following lowest responsible bidder(s):
accordance with the plans and specifications. ADDRESS/OWNER CONTRACTOR. BID
General Construction Work - Lamparelli 364 WILLIAM EMPIRE PROPERTY
Construction, base bid $16,273. City of Buffalo $ 16,986.00
Plumbing Work - The Chesley Corporation, in the Please be further advised that the sewer and water services will
base bid of $4,200. be terminated by the demolition contractor and this cost is
Electrical Work - Driscoll Electrical Construction, in included in the cost of the project.
the base bid of $13,300. We, therefore, respectfully request that upon approval by your
I respectfully recommend that Your Honorable Body Honorable Body, that the cost of the project be charged to the
authorize the Commissioner of Community Development to CAPITAL PROJECTS FUND #200-241-003-00000.
order the work on the basis of the low bids Funds for this work Mrs. LoTempio moved:
will be available in C.P.A. 201-717-006. That the communication from the Department of Community
Development, dated June 19, 1997, be received and filed; and
Mrs. LoTempio moved That the award by the Commissioner of Community
That the above communication from the Commissioner of Development of an emergency demolition contract to Empire
Community Development dated June 18, 1997, be received Property, at a cost of $16,986.00, relating to 364 William, is
and filed; and hereby confirmed, ratified and approved, with said cost to be
That the Commissioner of Community charged against Capital Projects Fund #200-241-003-00000.
Development be, and he hereby is, authorized to award a PASSED.
contract for II 70 Broadway Neighborhood Information Center, AYES-11. NOES-0.
Interior Finishes Project, for General Construction to Lamparelli NO67
Construction Co., Inc., in the amount of $16,273; for Electrical PRE-DEMOLITIONASBESTOSREMOVALBID
Work to Driscoll Electrical Construction, in the amount of 322CARLTON
$13,300; for Plumbing Work to Chesley Corp., in the amount of 26HARMONIA,ETAL
$4,200, the lowest responsible bidders. Funds for this project Please be advised that pre-demolition asbestos bid offers
are available in C.P.A. 201-717-006. were solicited by this department on June 2, 1997 and that
PASSED AYES- 11 NOES- 0 the contract(s) will be awarded to the following lowest
NO65 responsible bidder(s):
BIDSEMERGENCYDEMOLITION ADDRESS/ OWNER CONTRACTOR/AMT BID
253HICKORY 322 CARLTON GEORGIAN BAY
292HICKORY CONTRACTING
296HICKORY City of Buffalo $ 5,000.00
Due to the very serious and hazardous condition(s) of the 26 HARMONIA GEORGIAN BAY
building(s) located at the below stated property(ies), CONTRACTING
inspections were conducted by this department and it was City of Buffalo $ 3,185.00
determined that immediate demolition was necessary due to (1) 288 HICKORY GEORGIAN BAY
the structural condition of the building(s) and/or (2) the CONTRACTING
resulting dangerous and hazardous condition which exists at City of Buffalo $ 3,780.00
this(these) location(s), i.e., in accordance with the guidelines 295 MORTIMER GEORGIAN BAY
outlined in Chapter 113 of the Ordinances of the City of CONTRACTING
Buffalo. Please be advised, therefore, that offers to demolish City of Buffalo $ 2,970.00
were solicited on April 25, 1997 and the contract(s) will be $ 14,935.00 total agg bid
awarded to the following lowest responsible bidder(s): Please be further advised that this department will solicit bids
for the demolition of this building upon completion and
ADDRESS and OWNER CONTRACTOR / AMOUNT acceptance of the removal of the asbestos.
Aggregate Bid We, therefore, respectfully request that upon approval by your
Honorable Body, that the cost of the project be charged to the
253 HICKORY EASTWOOD INDUSTRIES CAPITAL PROJECTS FUND #200-241-003-00000.
City of Buffalo $ 6,800.00 Mrs. LoTempio moved: That the communication from the
Department of Community Development, dated
292 HICKORY EASTWOOD INDUSTRIES June 10, 1997, be received and filed; and
City of Buffalo $ 6,000.00 That the award by the Commissioner of Community
Development of PreDemolition Asbestos contracts to Georgian
296 HICKORY EASTWOOD INDUSTRIES Bay Contracting, at a cost of $5,000.00, relating to 322 Carlton;
City of Buffalo $ 6,000.00 at a cost of $3,185.00, relating to 26 Harmonia; at a cost of
$18,000.00 total $3,780.00, relating to 288 Hickory; at a cost of $2,970.00
aggregate bid relating to 295 Mortimer for a total aggregate bid of $15,935.00
Please be further advised that the sewer and water services will are hereby confirmed, ratified and approved, with said cost to
be terminated by the demolition contractor and this cost is be charged against Capital Projects Fund #200-241-003-
included in the cost of the project. 00000.
We, therefore, respectfully request that upon approval by your PASSED AYES- 11 NOES- 0.
Honorable Body, that the cost of the project be charged to the
CAPITAL PROJECTS FUND #200-241-003-00000. NO68
Mrs. LoTempio moved: HOMEFUNDS
That the communication from the Department of Community 2169-83SENECA,AKASENECA-CAZENOVIASENIOR
Development, dated June 10, 1997, be received and filed; and HOUSING
That the award by the Commissioner of Community The 46 unit, (45 one-bedroom & 1 two- bedroom), Senior
Development of emergency demolition contracts to Eastwood Citizen project will provide housing for those people who are 62
Industries, at a cost of $6,800.00, relating to 253 Hickory; at a years and older.
cost of $6,000, relating to 292 Hickory; at a cost of $6,000.00, Household Size Income Guidelines*
relating to 296 Hickory; are hereby confined, ratified and 1 $14,300
2 $16,350 between the City of Buffalo and Lushlawn, Inc.
*As of 12/1/95 It is now necessary for Your Honorable Body to set a date for
Funding Sources a public hearing, and to direct the publication of a notice of said
$3,750,000 HUD 202 Grant hearing. In the interest of time and anticipating that Your
$380,000 HOME funds* Honorable Body is willing to expedite this matter, I have taken
$4,130,000 Total Project Cost the liberty to prepare a Resolution together with a Notice of
*The HOME funds will assist in the soft costs and some Public Hearing for your action.
construction costs. Forwarded herewith are the following documents:
The building feature community rooms and laundry 1.Resolution setting Public Hearing
facilities for use by the residents. The community room will 2. Notice of Public Hearing
have a multi-purpose meeting room, kitchen, laundry facilities, 3.. Resolution approving proposed Lease Agreement
mail boxes, and manager's office. The community room will be 4. Proposed Lease Agreement
available for recreation and social activities. After the Public Hearing is held, Your Honorable Body may
The one-bedroom units will be 540 sq. ft. The two-adopt a Resolution authorizing the Mayor to execute the
bedroom unit will have approximately 780 sq.ft. of living space. necessary documents for the disposition of the land to the
Completion of the project is scheduled for the summer of 1998. Buffalo Enterprise Development Corporation.
Developer: People, Inc. REFERRED TO THE COMMITTEE ON COMMUNITY
1219 North Forest Road DEVELOPMENT
Willaimsville, New York, 14221
(716) 634-8132 FROMTHECOMMISSIONEROFHUMANSERVICES,
PARKSANDRECREATION
Contacts: Rhonda Fredrick NO.71
Jocelyn Bos CERTIFICATEOFAPPOINTMENT
Mrs LoTempio Moved Appointment effective June 16,1997 in the Department of
That the Commissioner of Community Development be and Human Services, Division of Parks to the position of Forestry
hereby is authorized to release Home Funds for 469-83 Crew Supervisor. Provisional , at the maximum starting salary
Seneca AKA Seneca Cazenovia Senior Housing in the amount of $27,597
of $380,000. Robert Kot. 32 Hansen, Buffalo 14220
PASSED AYES- 11 NOES- 0. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.72
NO69 CERTIFICATEOFAPPOINTMENT
INCREASEINDEMOLITIONCOSTFORFORMERPUBLICAppointment Effective June 18, 1997 in the Department of
SCHOOL#23AKA877EASTDELAVAN Human Services, Parks and Recreation, Division of Substance
CCP#49-APRIL15,1997 abuse Services,to the Position of Counselor III Temporary at
In reference to the demolition and asbestos abatement being the maximum 0f Starting Salary of $ 27,509
performed at former public school number twenty-three (23) at Lauris D. Robinson, 241 Humboldt Pkwy., Buffalo 14208
877 East Delavan Avenue, I would like to supply your REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Honorable Body with the following information. Referencing
Common Council Proceeding number Forty-nine (49), dated FROMTHEBOARDOFEDUCATION
April 15, 1997 your Honorable Body approved a contract with NO73
Lebis Enterprises in the amount of $ 305,450.0b for the RETIREMENTINCENTIVEPROGRAM
demolition and asbestos abatement of the aforementioned #184,C.C.P.5/27/97
structure. On or about June 4, 1997, during the demolition of The Board of Education has passed the New York
this structure a hidden compartment was uncovered and State Early Retirement Incentive pursuant to Chapter 41, of the
additional, asbestos containing materials were discovered. On Laws of 1997. The Board passed the incentive at their May 28,
June 5, 1997 a stop work order was placed on this project to 1997 meeting. The open window period is from May 29
cease all operations by the New York State Department of through July 15, 1997. (See attached copy) .
Labor, Asbestos Control Bureau. On June 12, 1997, Lebis RECEIVED AND FILED
Enterprises was notified to submit an asbestos abatement plan
to clear the building of this hazardous material before FROMTHEBUFFALOSEWERAUTHORITY
demolition work would be allowed to continue. The on site NO74
monitor/consultant, Environmental Education Inc., charged with RETIREMENTINCENTIVEPROGRAM
the inspection activity on this project, in cooperation with the ITEM#184C.C.P.MAY27,1997
staff of the Division of Inspections Licenses and Permits has The Buffalo Sewer Authority is electing to participate in the
drafted an asbestos abatement plan that has the approval of 1997 Retirement Incentive Program. Our eligible employees
the New York,State Department of Labor, Asbestos Control are currently being surveyed. This survey will be completed by
Bureau. For this project to proceed an additional five hundred July 1, 1997. Pending Buffalo Sewer Authority Board approval,
(500) feet of asbestos pipe insulation will have to be removed in the Buffalo Sewer Authority will adopt this Incentive Program
conformance with New York State Law. Negotiations have with an "open period" of September 1-30, 1997.
taken place between representatives of The Division of RECEIVED AND FILED.
Inspections, Licenses and Permits and Lebis Enterprises, the
cost for this additional work has been set at $26,100.00. This FROMTHECITYCLERK
price was arrived at using the generally accepted pricing used NO.75
in asbestos abatement projects performed in the past with an CERTIFICATEOFAPPOINTMENT
additional allowance for the temporary shoring of this partially Appointment Effective: June 15, 1997 in the Department of City
demolished area of the building to insure worker safety. Clerk to the Position of Data Entry Operator, Permanent
As this situation can and will be resolved by the approval of Appointment at the maximum Starting Salary of: $26,121.00
your Honorable Body to increase the original contract from $ Christine A. Schalberg-Lehner, 151 Villa Ave. Buffalo, NY
305,450.00 to $ 331,550.00, we respectfully request your 14216
Honorable Body to approve the additional amount of $ 26,100 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
be charged to Capitol Project fund Number 200-241-003-0000.
Mrs. LoTempio moved: NO.76
That the communication from the Department of Community MAYORREPORTEDOUTOFSTATE
Development, dated June 19, 1997, be received and filed; and I transmit herewith a communication received by me from the
That the Commissioner of Community Development be, and Mayor, reporting his absence from the state from Wednesday,
he hereby is, authorized to approve the additional amount of June 18, 1997 at 10:30 A.M. until Sunday, June 22,1997 at
$26, 1 00 to Lebis Enterprises for the increased costs of 10:40 P.M.
demolition of former Public School #23, a/k/a 877 East RECEIVED AND FILED.
Delavan, as more fully described in the above communication.
Funds for this project are to be charged to Capital Project Fund NO.77
No. 200-241-003-00000. DISPOSITIONOFCITYRECORDS
PASSED AYES- 11 NOES- 0. The following departments have requested to dispose of
City Records as indicated on the attached forms. Based on the
NO70 information provided I have authorized the disposition of these
LDA-NEWBUFFALOINDUSTRYPARK- records in my capacity as City Records Management Officer
LUSHLAWN,INC. Department of Assessment
Attached herewith is a Contract For Sale of Land by and RECEIVED AND FILED.
I transmit herewith certificates received by me, reporting
NO.78 seasonal and flat salary appointments made in various
LIQUORLICENSEAPPLICATIONS departments.
Attached hereto are communications from persons applying for RECEIVED AND FILED.
liquor licenses from the Erie County Alcohol Beverage Control DEPARTMENTOFAUDITANDCONTROL
Board. Appointment Effective June 12, 1997 in the Department of
Address Business Name Owner's Name Audit and Control, Division of Real Estate, to the Position of
2192 Niagara St. Harry's Harbour James H. Williams Laborer I, Seasonal, Non-Competitive, at the Flat Starting
Place Grille Salary of $6.22
438 Ellicott St. William B. Oshei William B. Oshei Michael L. Wilson, 51 Rosemary Avenue, Buffalo, New York
1504 Hertel Ave. Patty Mac, Inc. Patricia Macaluso 14216
322 W. Ferry St. James Diati, Jr. Ent. James Diati, Jr. DEPARTMENTOFPUBLICWORKS
376 Grant St. Jacqueline Durnell J. Durnell Appointment Effective 6-16-97 in the Department of Public
Enterprises Works Division of Engineering to the Position of Laborer I,
RECEIVED AND FILED. Seasonal, at the Flat Starting Salary of $ 6.22/hr.
Appointment Effective 6-12-97 in the Department of Public
NO.79 Works Division of Engineering to the Position of Laborer I,
LEAVESOFABSENCEWITHOUTPAY Seasonal, at the Flat Starting Salary of $ 6.22/hr.
Police- Salvatore Polizzi Aaron Stetter, 104 Stevenson, Buffalo 14220
Human Services, Parks/Recreation-Charlene Scherer, Robert Joseph Mele, 310 Norwalk Avenue, Buffalo, NY 14216
Kot, Susanne Beutler Appointment Effective June 18, 1997 in the Department of
RECEIVED AND FILED. Public Works, Division of Engineering, to the Position of
Laborer I, Seasonal, at the Flat Starting Salary of: $ 6.22/hr.
NO.80 Johnnie L. Davis, 1256 Fillmore Avenue, Buffalo, NY 14211
REPORTSOFATTENDANCE Appointment Effective June 18, 1997 in the Department of
I transmit herewith communications received by me, from the Public Works, Division of Engineering, to the Position Of
various boards, commissions, agencies and authorities Marina Dock Attendant, Seasonal, at the Flat Starting Salary of:
reporting the membership attendance at their respective $10.00/hr.
meetings: Steven T. Pieri, 60 Berkley Place, Buffalo, NY 14209
City Planning Board Appointment Effective 6-16-97 in the Department of Public
RECEIVED AND FILED. Works, Division of Engineering, to the Position of Marina Dock
Attendant, Seasonal, at the Flat Starting Salary of $10.00/hr.
NO.81 Christopher Nasca, 12 Woodley Rd., Buffalo, NY 14215
NOTICESOFAPPOINTMENTS-COUNCILINTERNS DEPARTMENTOFHUMANSERVICES,PARKS&
I transmit herewith appointments to the position of Council RECREATION
Intern. Appointment Effective June 12, 1997 in the Department of
Mrs. LoTempio moved the approval of the appointments to the Human Services, Division of Recreation, to the Position of
position of Council Intern. Lifeguard, Seasonal, Non-Competitive, at the Flat Starting
ADOPTED. Salary of $5.20/hr.
Appointment Effective June 5, 1997 in the Department of Erin Dickman, 48 Alsace,Buffalo 14220
Common Council to the Position of Intern II, Seasonal, Non-Jessica Jayes, 50 Culver, Buffalo 14220
Competitive, at the Flat Starting Salary of $4.75 per hr. Jamie Logal, 55 Virgil, Buffalo 14216
Jim Brem, 921 Main St. Apt. 218, Buffalo, NY 14203 Michelle Mahoney, 53 Densmore, Buffalo 14220
Appointment Effective June 16, 1997 in the Department of James Maynard, 118 Plymouth, Buffalo 14201
Common Council to the Position of Intern III, Seasonal, Non-Tanya Santiago, 40 Lowell, Buffalo 14213
Competitive, at the Flat Starting Salary of. $5.00 per hr. Nicole Schollard, 36 Alsace, Buffalo 14220
Sara Pauly, 152 Como, Buffalo, NY 14220 Melissa Smith, 239 Wallace, Buffalo 14216
Appointment Effective June 11, 1997 in the Department of Stephen Zipp, 220 Columbus, Buffalo 14220
Common Council to the Position of Intern IV, Seasonal, Non-Appointment Effective June 10, 1997 in the Department of
Competitive, at the Flat Starting Salary of. $6.00 per hr. Human Services, Division of Recreation, to the Position of
Misha Hoffman, 460 Norwood Ave., Buffalo, NY 14222 Supervising Lifeguards, Temporary, at the Flat Starting Salary
Appointment Effective June 16, 1997 in the Department of of $5.98/hr.
Common Council to the Position of Intern V, Seasonal, Non-Richard Hall, 50 Revere Place, Buffalo 14214
Competitive, at the Flat Starting Salary of: $8.00 per hr. Norvyn Souter, 25 Bridgeman, Buffalo 14207
Kenneth R. Gibson, 108 Greenfield, Buffalo, NY 14214 Appointment Effective June 23, 1997 in the Department of
Human Services, Division of Recreation, to the Position of
NO.82 Supervising Lifeguards, temporary, at the Flat Starting Salary
APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&of $5.98/hr.
EMPLOYMENT Dorrell Benton, 254 Orange, Buffalo 14204
I transmit herewith appointments made in the Mayor's Youth Jamal Harris, 482 Norfolk, Buffalo 14215
Opportunities and Employments Programs. Kathleen Kinney, 31 Marine Drive, Buffalo 14202
RECEIVED AND FILED. Brian Ray, 220 Monroe, Buffalo 14206
Appointment Effective: June 9, 1997 in the Department of Appointment effective June 11,1997 in the Department of
Mayor's Office Division of Youth Opportunity & Intern Program Human Services, Division of Recreation to the position of
to the Position of Intern III, Seasonal, Non-Competitive, at the Laborer II, Seasonal, Non-competitive, at the Flat Starting
Flat Starting Salary of $ 5.00 Salary of $6.92/hr.
Anthony Barone, 20 Crestwood Avenue, Buffalo, NY 14216 Vernon Fryer, 615 Woodlawn, Buffalo 14211
Sarah Shanley, 32 Summit Avenue, Buffalo, NY 14214 Appointment effective June 16, 1997 in the Department of
Susan Schwing, 58 Polish Place, Buffalo, NY 14210 Human Services, Division of Parks, to the position of Laborer II,
Appointment Effective: June 11, 1997 in the Department of Seasonal, Non-Competitive, at the Flat Starting Salary of
Mayor's Office, Division of Youth Opportunity & Intern Program $6.92/hr.
to the Position of Intern III, Seasonal, Non-Competitive, at the: Eric Rhodes, 849 Woodlawn, Buffalo 14211
Flat Starting Salary of: $ 5.00 DEPARTMENTOFSTREETSANITATION
Jaclynn Pajak, 79 Frank Avenue, Buffalo, NY 14210 Appointment effective June 9, 1997 in the Department of Street
Appointment Effective: June 16, 1997 in the Department of Sanitation, to the position of Seasonal Laborer II, Seasonal,
Mayor's Office, Division of Youth Opportunity & Intern Non-Competitive, at the flat starting salary of $6.92/hr.
Program, to the Position of Intern III, Seasonal, Non-Martin Eve, 184 Jewett Pkwy., Buffalo, New York 14214
Competitive, at the Flat Starting Salary of: $ 5.00 DEPARTMENT OF GENERAL SERVICES
Danielle Perla, 630 Columbus Pkwy., Buffalo, NY 14213 Appointment Effective June 16, 1997 in the Department of
Appointment Effective: July 7, 1997 in the Department of General Services Division of Inventory & Stores to the Position
Mayors's Office, Division of Youth Opportunity & Intern Of Laborer II (Seasonal), Non-Competitive, at the Flat Starting
Program to the Position of Intern III, Seasonal, Non-Salary of $6.92/hr.
Competitive, at the Flat starting Salary of $ 5.00 Kristian Mathewson, 454 Breckenridge St., Buffalo, New York
John Caputo, 317 Fargo Ave., Buffalo NY 14213 14213
DEPARTMENTOFASSESSMENT
NO.83 Appointment effective June 11, 1997 in the Department of
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Assessment, to the Position of Clerk, Seasonal, Non-
Competitive, at the Flat starting salary of $5.20/Hr. (5) PHASE II STRATEGY
Lisa Y. Phillips, 606 East Ferry St Upper, Buffalo, NY 14211 (a) Create an M/WBE Advisory Committee and create new
Appointment effective June 9, 1997 in the Department of partnerships with existing east and west side organizations, to
Assessment, to the Position of Clerk, Seasonal, , at the Flat help create new strategies.
starting salary of $5.20 hr. (b) Work with the existing EAP graduates to expand their
McKenna, 225 N.Drive, Buffalo 14216 chances for success.
Judith McCabe, 29 Mayer, Buffalo 14207 (c) Seek new private and public monies to expand the
resources available to M/WBE, including the Zone Capital
NO.84 Corporation.
APPOINTMENTS-TEMPORARY,PROVISIONALOR(6) NEED FOR COMMON COUNCIL ASSISTANCE
PERMANENT BEDC can only do so much through consolidation, automation
I transmit herewith Appointments in the various departments and creating partnerships. More money is needed just to
made at the Minimum (Temporary, Provisional or Permanent) mitigate the cuts and maintain the above initiatives, let alone
and for Appointments at the Maximum (as per contract expand.
requirements) . BEDC would like the Common Council to provide $500,000 of
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. new resources to create a high risk M/WBE Lending Program
DEPARTMENTOFPOLICE for fixed assets at an interest rate of 6%. Lest you think BEDC
Appointment Effective: June 21, 1997 in the Department of: is merely attempting to secure new resources, we are willing to
Police to the Position of Crime Analyst, Permanent, at the partner with a CBO to get the job done. The M/WBE after
Minimum Starting Salary of: $33,362 analyzing the market need, the Advisory Committee will advise
James B. Milroy, 155 Massachusetts., Buffalo, NY 14213 on the parameters of the program, including whether start-ups
Appointment Effective June, 16, 1997 in the Department of will be included and the default guidelines.
Police, to the Position of Senior Cellblock Attendant, Not until there are sufficient resources available to M/WBE
Temporary, at the Minimum Starting Salary of: $ 25,137 firms, will the comprehensive strategy be able to achieve its full
Cheryl A. Seager, 435 South Legion, Buffalo, NY 14220 potential.
DEPARTMENTOFADMINISTRATIONANDFINANCE We also suggest $200,000 of new resources be set aside for
Appointment Effective June 23, 1997 in the Department of employee training. There are numerous private and not for
Administration and Finance, Division of Parking Enforcement, profit organizations (including, but not limited to Langston
to the Position of Junior Traffic Clerk, Permanent, at the: Hughes), that have expressed interest in creating new training
Minimum Starting Salary of $21,053 programs to help minorities learn the technical skills necessary
Charles J. Fox, 940 Amherst Street Apt. 13, Buffalo 14216 for construction and trades.
Appointment Effective June 30, 1997 in the Department of (7) WHAT ARE OTHER COMMUNITIES DOING?
Administration and Finance, Division of Parking Enforcement, All we know is that Buffalo was rated number one (1) in the
to the Position of Junior Traffic Clerk, Permanent, at the: Country (out of 96) in the Home Ownership Zone applications
Minimum Starting Salary of: $21,053 due, in part, to the innovative and comprehensive M/WBE
Maureen A. Regan, 40 Robins Street, Buffalo 14220 Initiative.
DEPARTMENTOFHUMANSERVICES,PARKSANDWe know of no other communities that have undertaken such a
RECREATION comprehensive approach.
Appointment effective June 16, 1997 in the Department of In terms of lending itself, enclosed is a list of the (22) M/WBE
Human Services, Division of Recreation, to the position of loans. This includes the $21 Million Grace Manor Project,
Spvrs. Rec. Activities, Temporary Promotion, at the minimum which is BEDC's largest project since January 1994 and the
starting salary of $27,459. only minority owned nursing home in Upstate New York.
Susanne Beutler, 35 Melrose, Buffalo, NY 14220 We would be pleased to continue our research of other cities.
Meanwhile we ask the Council to provide new resources,
NON-OFFICIALCOMMUNICATIONS,PETITIONSANDwhether to BEDC or any other organization. The key is to
REMONSTRANCES make a commitment to develop M/WBE's.
NON-OFFICIALCOMMUNICATIONS REFERRED TO THE COMMITTEE ON COMMUNITY
NO.85 DEVELOPMENT
BEDC NO.86
MINORITYASSISTANCE E.BLUM
Thank you for your inquiry about minority assistance. COMMENTS-WATERFRONTPLAN
The need to strengthen the women and minority I will not be able to attend the Council hearing on the
business community is clear. The benefits in terms of jobs, tax Waterfront plan because I will be sailboat racing on the
revenues and social impact is also clear. Equally clear is the waterfront something Bernie and I have done every Wednesday
fact that the private and public sector must each do more. night since 1977. Last year the Mayor's hearing took place on
As such, Chairman Anthony M. Masiello has Wednesday, June 26. The timing of these hearings has
instructed BEDC to take a comprehensive approach to precluded the people who are perhaps most interested in the
strengthen the M/WBE community. waterfront from being present - the skippers and crews of the
Indeed, BEDC has produced unprecedented results. Buffalo Harbor Sailing Club. When this club started in 1978,
But, we need the Common Council to help provide the fifteen boats came out to race on Wednesday nights; now there
resources (i.e. more lending and more training dollars) so that are more than 100, with an average of five people per boat. On
more results can be produced. Tuesdays, the club sponsors Women's and Junior racing.
The following will summarize the strategy, the plan, The Waterfront Plan speaks of the importance of boats in
the results, the challenge, the phase II strategy and the need bringing people to the waterfront (page 48). 1 know that this is
for Common Council assistance. true because my husband and I watched it happen. We were
(1) STRATEGY; Expand the quality, quantity and among the first tenants of the Erie Basin Marina (1976) and
capacity of M/WBE firms and watched the waterfront activity increase as a direct result of
ensure that the business workforce reflects the diversity of the boats using the Eric Basin and Buffalo River marinas. Some of
city by creating employment opportunities for Buffalonians. the best "boat watching" is from the walkway of the Erie Basin
(2) THE PLAN; Seek new resources and create marina watching boats in the Buffalo River. A bridge will
innovative tools. severely restrict this boating, as well as cut access to boats
(3) THE RESULT; Unprecedented level of assistance. seeking shelter from storms. The Buffalo River is the safest
(a) M/WBE lending at BEDC is up 260% refuge on our Waterfront and is often used as a temporary
(b) The Federal Enterprise Community (FEC) shelter. It provides much better potential for more marinas than
and the New York State Economic Development Zone does the "LaSalle Basin, " which is one of the most exposed
(NYSEDZ) provide comprehensive incentives to create areas on the waterfront; new breakwall, or not (page 49).
inner city development. A bridge will have to be tended on a 24 hour daily basis from
(c) The Bond Readiness Program has helped April through November. In other areas where there are lift
five (5) existing M/WBE's expand work capacity with $3 Million bridges, they are opened "on demand" or at least on a half hour
of new bonding. basis. 'Mat has to be a big operating cost and makes sense
(d) The new Section 3 Policy is in place. when there is an existing highway. But to initiate this with no
(e) The proposed new Northeast Parkway Business demand is not so rational. As I understand it the city currently
Park will be targeted to assist neighborhood employment. operates its bridges on demand with one bridge lifter who
(f) Please refer to the attached report for more. drives between bridges to open them for shipping. This will not
(4) THE CHALLENGE; The FEC, EDZ, M/WBE, EAP work for recreational boating.
and Lending Programs have all been cut I also must comment on the bridge concept design. The
dramatically. Buffalo River is fascinating already with its industrial heritage,
grain mills, etc. The design in the plan, while only questions concerning police and fire response, garbage pick-
conceptual interrupts this view and to my mind shows no real up and snow removal were quickly addressed with mindless
grasp on the part of the planners of what they are trying to psycho-babble. Crude remarks made by pro-gating
accomplish. I'm against the bridge in any form, but the design individuals never made the minutes. My question concerning
reinforces to me the mindset of the planners who seem to be self-reliance on the part of the community and the
throwing every possible idea our way. interrelationship between City officials and the police in
One of the great mistakes of this community has been to build battling landlords was quickly pushed aside and never made
something that isn't needed. If the area over on the Coast the minutes.
Guard, Times Beach area is developed property, people win I feel that the gating issue is a convenient tool for
come, but a lift bridge is not going to bring people to a block club leaders who refuse to take the time and trouble in
wasteland. People need to have something to come to. I doing their jobs. The way they have coerced and
subscribe to a ferry running in the summer that would take manipulated the system is terrible. We will not be pushed
pedestrians and bikers over to the Coast Guard station, which out of these meetings. If you have any questions please call
is actually quite nice. A little ferry gets people on the water me at 852-7669. Thank you for your time and we hope to
which is another attraction. Certainly the operating costs would hear from you in the near future.
be far less than having the bridge attended all of the time. REFERRED TO THE COMMITTEE ON LEGISLATION AND
I've often thought that a parkway/bikepath that leads along the THE COMMISSIONER OF COMMUNITY DEVELOPMENT
waterfront near where your naval park boats will go, that NO.90
extends down beyond the Michigan bridge (not interrupting the DOLORESLEON
existing industrial area) and then over the river has the added CANCELTREEREMOVALCHARGE-
feature of opening up some of the great industrial architecture 15MARINER
of our country. We don't need a big new highway; just This concerns the emergency tree removal from the
something that invites people to use it, landscaped, etc. - with property of the Painters Union Hall,12 Elmwood Ave. Buffalo,
an appearance of safety. 'Me problem now is that no one N.Y. which backs my property at 15 Mariner St., Buffalo.This
knows how to get to that area. tree was ready to fall at anytime, and would have fallen on my
I have heard things like "Don't worry, a bridge will be the last house. After a number of years of trying to deal with the
thing." I do worry because a bridge could capture some funding Painters Union(to no avail)I contacted various City Depts.,the
agency's imagination and be the first thing, needed or not. The HAZARDOUS tree was finally removed by the City Forester
construction industry will love it and lobby for it with no thought Dept.,who deemed it a dangerous problem.
of consequences. I still have copies of the statements made to But now I find I have been charged with the removal
rationalize the rapid transit system. Planners projected that it of the tree and the fee attached to my City tax bill.The tree was
would be self-supporting because every man, woman and child not on my property and I would like the charge removed from
who lived in corridor (1 1/2 miles wide) would ride it once a day. my City tax roles.
I think we are dealing with some of this kind of thinking in the Also enclosed are some of the correspondence
Waterfront Plan. exchanged during this procedure Please note especially the
As a former Commodore of the Buffalo Harbor Sailing Club, I copy from Daniel Durawa,Commissioner of Parks to the
am confident that I speak for a great number of people who will Painters Union Hall.The other letters are from my
not be at the hearing. Personally, I speak as someone who has daughter,Beverly Leon Muscato,who resides at 15 Mariner St.
a great love for Buffalo and its waterfront. Please have respect Again I would appreciate the tree removal fee
for the boaters who made the waterfront what it is now and who removed from my City tax bill.
are a key to its future success. REFERRED TO THE COMMITTEE ON FINANCE, THE
Thanks for your attention. COMMISSIONER OF HUMAN SERVICES, PARKS &
RECEIVED AND FILED RECREATION, THE COMMISSIONER OF ASSESSMENT
NO.87 AND THE CORPORATION COUNSEL
EDCUDNEY NO.91
COMPLAINT-PARKINGIN"NOPARKINGZONE" LOCAL264
HARRISON/SENECA- RETIREMENTINCENTIVEPROGRAM
Attached is a letter regarding vehicles parking in a "no parking ITEM#184-CCPMAY271997
Here to comer" area at Harrison and Seneca Streets. We have received your letter of June 5, 1997 regarding the
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Retirement Incentive Program (Item #1 84 C. C. P. May 27,
COMMISSIONER OF PUBLIC WORKS AND THE 1997). We are in favor of the program and endorse the
COMMISSIONER OF ADMINISTRATION & FINANCE resolution.
NO.88 Thank you for your attention to this matter.
ERIECOUNTYLEGISLATURE RECEIVED AND FILED
FORMULATEPLANTOPROVIDEFREEPARKING- NO.92
VISITORS/SHOPPERS LOCAL2651
Attached is a resolution from the Erie County legislature EARLYRETIREMENTINCENTIVE
regarding problems and present situations with downtown I am responding to the resolution for a Retirement
parking and request to attend scheduled Government Affairs Incentive Program filed by Councilmember Coppola. While the
Committee meeting to discuss solutions. incentive portion is excellent for prospective retirees, I have
REFERRED TO BUFFALO PLACE serious reservations regarding the "50% savings in the
NO.89 replacement etc." in the sixth (6th) whereas. Local 2651 does
F.FABOZZI not want to be involved in any title classification or salary
MINUTES-MEETINGREGARDING changes. The Council and Administration have done an
GATINGISSUE excellent job of manning our Department.
Several days ago I receive the minutes from a Obviously the number of employees electing to take
meeting which was chaired by Ms. Kavanaugh concerning the the incentive would be a determining factor. If only a few (up to
gating issue (dated 7 June 1997 at the Immaculate Conception four (4) elect to retire, we would be approving.
School). As I read the minutes I began to wonder if the The bottom line is that we do not want to prevent hard-
minutes accurately reflected the meeting I had attended. The working people from retiring with a little more provided that the
minutes as written reflect a totally biased attitude toward the program doesn't crucify our department.
anti-gating community. RECEIVED AND FILED
Ms. Kavanaugh's opening statement set the mood NO.93
for the gating issue, "If you don't agree with this plan and you NIAGARAMOHAWK
don't think it's going to work, then I wish you wouldn't come to MANHOLESBETWEENJEFFERSONANDFILLMORE
the meetings because your holding us up" (Of course the ITEMNO.30,CCP,3/18/97
account in the minutes was a sanitized version of what had This is to advise you that we have inspected the sunken
happened). I would expect to hear a statement like that from manholes between Jefferson and Fillmore and have approved
a member of the audience but to hear it from an elected the repair and replacement of all those in need.
official is unconscionable. I even had to call other members This is a rather lengthy and tedious process, since each
who attended the meeting to ensure that I wasn't hearing manhole has to be redesigned, ordered, and constructed.
things and the outcome was unanimous: Ms. Kavanaugh There are 1 0 manholes in this area that will be replaced, and it
must explain her actions. can take up to 6 months to complete.
An open meeting is supposed to reflect a coming If I can be of any further help or if you have any questions,
together of ideas, whether there pro or con, concerning a please feel free to contact me at 857-4056.
specific issue. Unfortunately this criteria was sorely missed REFERRED TO THE COMMITTEE ON LEGISLATION
at this meeting. Pro-gating individuals ruled the floor and any NO.94
M.SHERK in continuous visual contact with them. The officer's post is
HANGBANNER-CHIPPEWAST.BLOCKPARTY within fifteen (15) feet of the ATMs.
I am writing this letter on behalf of the Chippewa Upon reviewing the entire scenario with Al Frey, the ATM
Street Businessmens Association. We are asking you to Administrator for New York State, the following option was
present to common council our request to hang three banners suggested in order to exempt the M&T Bank's One M&T
on Chippewa Street, one on the block between Delaware and location:
Franklin, one on the block between Franklin and Pearl, and one Receive from the City of Buffalo's governing body,
directly across Franklin in front of the Coliseum. The purpose written acceptance to an Exemption from the law.
of the banners are to advertise a Wednesday night promotion The City Of Buffalo's Department of Licensing & Permits
which all the establishments are taking part in. The promotion previously sent a letter to the State indicating no objections to
will run to the end of summer. The banners will be four feet the Bank's request, however, it was not accepted by the State's
wide by twenty feet long. They are being professionally printed Attorneys.
and are in very good taste. The wording will be as follows: We respectfully request that you pursue the written approval for
Welcome to the Concrete Jungle exemption from the ATM Safety Act for our One M&T Plaza
Chippewa Street Block Party location only. Enclosed's a copy of the legislation, and
Every Wednesday ladies drink free everywhere! correspondence from the City of Buffalo's Division of
The Association is taking care of all the cost of the printing and Licensing.
hanging of the banners. The Corporate sponsors of the event If you have any additional questions, please do not hesitate to
are Labatt Beer and WEDG 103.3. We are hoping for a very contact me at 848-3158, or our Physical Security Manager,
successful summer. We greatly appreciate your support. Robert J. Baumler at 842-5770.
Mrs. LoTempio Moved Thank you for your attention to this matter.
That the Chippewa Street Businessmen's Association is Mrs. LoTempio Moved
hereby authorized to erect three (3) banners on That the City of Buffalo does hereby exempt M & T Bank's one
Chippewa Street to be placed until the end of summer under M & T Plaza location from the requirements of the ATM Safety
the direction of the Department of Public Works and the Act of 1996. This exemption applies to the One M & T Plaza
Special Events Advisory Committee, subject to the Chippewa location only.
Street Businessmen's Association providing adequate PASSED AYES- 11 NOES- 0
insurance to the Corporation Council. NO.99
PASSED AYES- 11 NOES- 0 DALEL.ZUCHLEWSKI
NO.95 SALARYORDINANCE
ROSWELLPARK I would like to have the following title included in the
MODERNIZATIONPROGRAM salary ordinances for the 1997-98 Budget Year.
Enclosed please find information regarding minority 2180 Superintendent of Traffic Signal Systems Henry
participation statistics and a current project progress overview. Szczepanski
If you have any questions about this report do not hesitate to If you have any questions regarding this request, please give
call our office. Thank you. me a call.
RECEIVED AND FILED Mrs. LoTempio Moved
NO.96 That the Commissioner of Administration and Finance be and
WNYLANDCONSERVANCY she hereby is authorized to include the Title
INFO-WATERFRONTMASTERPLAN of Superintendent of Traffic Signal Systems ( Henry
This letter contains the statement given by The Szcepanski) in the salary ordinances for the 1997-98
Western New York Land Conservancy to the City of Buffalo Budget Year.
Common Council on June 4th at the City of Buffalo Waterfront PASSED AYES- 11 NOES- 0
Master Plan, Com #54 C.C.P Public Hearing. Please include PETITIONS
this letter and attachment in the City of Buffalo Common NO.100
Council agenda. Benderson Development., owner, petition to use 1951 Elmwood
RECEIVED AND FILED for a pole sign.
NO.97 REFERRED TO THE COMMITTEE ON LEGISLATION, THE
EMPIREBUSINESSSYSTEMS,INC. CITY PLANNING BOARD
PROTESTBIDAWARD-ALTERNATIVEINFO.SYSTEMS AND THE COMMISSIONER OF COMMUNITY
We received your letter dated June 12, 1997 regarding the DEVELOPMENT
award for Personal Computers For the Division Of Data NO.101
Processing made in favor of Alternative Information Systems, Joseph Tomasulo, owner, petition to use 423 Elmwood for
Inc. Please consider this letter a formal protest of this bid expansion of sit-in restaurant.
award. We brought to your attention a misunderstanding in our REFERRED TO THE COMMITTEE ON LEGISLATION, THE
bid during our telephone conversation of Friday, June 13, 1997. CITY PLANNING BOARD AND THE COMMISSIONER OF
Under the circumstances, we are requesting this award be COMMUNITY DEVELOPMENT
rescinded and awarded to our company. As discussed, our bid NO.102
was some $190.00 lower than the system for which the award Walter J. Matt, owner, petition to use 244 Allen for a sit-in
was presented. Your prompt attention to this matter will be restaurant.
appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
REFERRED TO THE BOARD OF REVIEW CITY PLANNING BOARD AND THE COMMISSIONER OF
NO.98 COMMUNITY DEVELOPMENT
M&TBANK NO.103
ATMSAFETYACTEXEMPTION 3151 Main St., Inc., owner, petition to use 3149-3155 Main St.
Please be advised that Federal Bill Number A08229-C and S for a clam stand.
5436-A, exercises the State's authority under the Federal REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Riegle-Neal Interstate Banking Efficiency Act of 1994 and CITY PLANNING BOARD AND THE COMMISSIONER OF
enacts the ATM Safety Act of 1996. The legislation essentially COMMUNITY DEVELOPMENT
says that every Banking Institution shall maintain certain NO.104
security measures with respect to Automated Teller Machines Robert Farrara - owner, petition to use 820 Elmwood Avenue..
(ATM) within its Dominion and Control. for a billboard sign.
With respect to an indoor Automated Teller Machine Facility, REFERRED TO THE COMMITTEE ON LEGISLATION, THE
the legislation specifically requests that: A.) Entry doors be CITY PLANNING BOARD AND THE COMMISSIONER OF
equipped with locking devices which permit entry to such COMMUNITY DEVELOPMENT.
facility only to persons using a magnetic-strip plastic card or NO.105
similar access device; B.) There must be an exterior wall, Pierce & Stevens Inc. - owner, petition to use 660-710 Ohio
which provides an unobstructed view of the interior of the Street.. to construct a steel building and tank farm for solvents.
Automated teller Machine Facility and C.) The facility must REFERRED TO THE COMMITTEE ON LEGISLATION, THE
have a minimum illuminant of ten-foot candle power. CITY PLANNING BOARD AND THE COMMISSIONER OF
The M&T Bank is in compliance with all the provisions of the COMMUNITY DEVELOPMENT.
Act within its Facilities except for its ATM Facility located at NO.106
One M&T Plaza. Huhl Machine & Conveyor - owner, petition to use 1590
The One M&T Plaza location has a Security Officer on duty 24 Niagara St.. for a billboard sign.
hours per day, 7 days a week to include an officer posted in the REFERRED TO THE COMMITTEE ON LEGISLATION, THE
lobby at all times no exceptions. The lobby officer controls CITY PLANNING BOARD AND THE COMMISSIONER OF
access to the facility. He or she also secures the ATMs, and is COMMUNITY DEVELOPMENT.
SALEOFFORMERPCT#5(COMPT)
REGULARCOMMITTEES (ITEM#16CCPMAY27,1997)
CIVILSERVICE That the above mentioned Item be and the same is hereby
HON.DAVIDCZAJKA received and filed.
CHAIRMAN ADOPTED
NO.107 NO.119
AMNESTYPROGRAMFOREMPLOYEESRESIDENCY SALEOFFORMERPCT.BLDG.(A&F)
(ITEM#122CCPMAY13,1997) (ITEM#70CCPMAY27,1997)
That the above mentioned Item be and the same is hereby That the above mentioned Item be and the same is hereby
received and filed. received and filed.
ADOPTED ADOPTED
NO.108 NO.120
AMNESTYPROGRAMFOREMPLOYEERESIDENCYCERTIORARIPROCEEDINGS-A.DOUGLASOAK-33
(CSC) CLARENCE,ETC.
(ITEM#96CCPMAY27,1997) (ITEMNO.23,C.C.P.,JUNE10,1997)
That the above mentioned Item be and the same is hereby That the Acting Corporation Counsel be
received and filed. authorized to settle the 1997-98 tax certiorari proceedings of A.
ADOPTED Douglas Oak and Laurette Oak by reducing the 1997-98
NO.109 assessment on 33 Clarence from $230,000 to $198,000, by
SENIORITYRIGHTSBURAEMPLOYEES(CD) reducing the 1997-98 assessment on 864 Kensington from
(ITEM#67CCPMAY27,1997) $285,000 to $192,500, by reducing the 1997-98 assessment
That the above mentioned Item be and the same is hereby on 852 Kensington from $181,000 to $132,000, and by
received and filed. reducing the 1997-98 assessment on 38 Parkridge from
ADOPTED $80,400 to $52,500.
NO.110 PASSED AYES- 11 NOES- 0
RETIREMENTINCENTIVEPROGRAM NO.121
ITEM#184,CCP,MAY27,1997 CERTIORARIPROCEEDINGS-A.O'BRIEN-496PEARL
That the above mentioned Item be and the same is hereby STREET
received and filed. (ITEMNO.24,C.C.P.,JUNE10,1997)
ADOPTED That the Acting Corporation Counsel be
NO.111 authorized to settle the 1997-98 tax certiorari proceeding of
DIFFERENCEINSALARY-ANTHONYLAWKOWSKI(PUB.Albert and Marcia O'Brien on 496 Pearl Street from $230,000
WORKS) to $200,000.
(ITEMNO.28,C.C.P.,JUNE10,1997) PASSED AYES- 11 NOES- 0
That the Comptroller be, and he hereby NO.122
is, authorized to pay Mr. Anthony Lawkowski, a Carpenter, in CERTIORARIPROCEEDINGS-GREATLAKESMOTOR
the Division of Buildings the difference in pay allowance for the CORP.-3068MAINSTREET
period from 3/25/97 through 5/4/97 in the amount of $128.69 (ITEMNO.25,C.C.P.,JUNE10,1997)
per pay for 29 days. Payments to continue bi-weekly until That the Acting Corporation Counsel be
employee returns to work or for 6 months. authorized to settle the 1997-98 tax certiorari proceeding of
PASSED AYES- 11 NOES- 0 Great Lakes Motor Corp. on 3068 Main Street from $380,000
NO.112 to $210,000.
DIFFERENCEINSALARY-DANIELSASIADEK(STS) PASSED AYES- 11 NOES- 0
(ITEMNO.52,C.C.P.,JUNE10,1997) NO.123
That the Comptroller be, and he hereby REPORTOFBIDS-NORTHEASTPARKWAYPHASE11
is, authorized to pay Mr. Daniel Sasiadek, a Streetworker, in the (ITEMNO.33,C.C.P.,JUNE10,1997)
Street Sanitation Department the difference in pay allowance That the Commissioner of Public Works be, and
for the period from 3/31/97 through 5/6/97 in the amount of he hereby is, authorized to award a contract for the Northeast
$563.76 for 26 days. Parkway Phase 11, Group #435, to Oakgrove Construction, the
PASSED AYES- 11 NOES- 0 lowest responsible bidder in the base bid of $2,634,495.00 plus
NO.113 approved unit prices for an additional $131,724.75 for a total of
MEMORANDUMOFAGREEMENT-CITYANDBUFFALO$2,766.219.00, with said cost to be charged to the Capital
CROSSINGGUARDSASSOCIATION(ITEMNO.53,C.C.P.,Projects Fund No. 200-401-601.
JUNE10,1997) PASSED AYES- 11 NOES- 0
That the Memorandum of Agreement NO.124
between the City and the Buffalo Crossing Guards Association, REPORTOFBIDS-COLONELWARDHIGHSERVICE
for the contract period July 1, 1997 through June 30, 2000, be PUMP
approved and ratified. (ITEMNO.34,C.C.P.,JUNE10,1997)
PASSED AYES- 11 NOES- 0 That the Commissioner of Public Works be, and
NO.114 he hereby is, authorized to award a contract for Colonel Ward
NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK) High Service Pump Rehabilitation Project, Contract No. 39 G
(ITEM#66CCPJUNE10,1997) General Construction to John W. Danforth Company, the
That the above mentioned Item be and the same is hereby lowest responsible bidder in the amount of $560,490.00 plus
received and filed. approved unit prices for an additional $56,049.00 for a total
ADOPTED encumbrance in the amount of $616,539.00; and Contract No.
FINANCE 39 E - Electrical Construction to Industrial Power & Lighting
HON.DAVIDFRANCZYK Corp., in the amount of $12,445.00 plus approved unit prices
CHAIRMAN for an additional $1,244.50 for a total encumbrance in the
NO.115 amount of $13,689.50. Funds for theses projects are available
MAYOR'SLOBBYIST(CC) in the Division of Water's Capital Project Account.
(ITEM#55CCPMAY27,1997) PASSED AYES- 11 NOES- 0
That the above mentioned Item be and the same is hereby NO.125
received and filed. ZONINGAMENDMENT-TELECOMMUNICATION
ADOPTED TOWERS(ITEMNO.3,C.C.P.,FEB.4,1997)(ITEMNO.89,
NO.116 C.C.P.,JUNE10,1997)
WATERBILLINGSTOPILOTS(PW) That the above item be, and the same
(ITEM#40CCPJUNE10,1997) hereby is, returned to the Common Council without
That the above mentioned Item be and the same is hereby recommendation.
received and filed. Mr. Franczyk moved:
ADOPTED That the above item be and the same hereby is received and
NO.117 filed.
SALEOFFORMERPCT.#5BLDG. ADOPTED
(ITEM#164CCPMAY13,1997) NO.126
That the above mentioned Item be and the same is hereby ORDINANCEAMENDMENT-CHAPTER103
received and filed. (COMMUNICATIONTOWERS)
ADOPTED (ITEMNO.142,C.C.P.,MAY13,1997)
NO.118 (ITEMNO.98,C.C.P.,JUNE10,1997)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation. NO.132
Mr. Franczyk now moved: SAFETYKLEENOILRECOVERY-PETITIONTOUSE80
That the above item be and the same hereby is received and KATHERINE-WAREHOUSE(ITEMNO.79,C.C.P.,JUNE
filed. 10,1997)
ADOPTED. That after a public hearing before the
NO.127 Committee on Legislation on June 17, 1997 the petition of
ORDINANCEAMENDMENT-CHAPTER511-ZONINGSafety Kleen Oil Recovery, owner, for permission to use 80
(COMMUNICATIONTOWERS) Katherine for a warehouse be, and hereby is approved.
(ITEMNO.143,C.C.P.,MAY13,1997) PASSED.
(ITEMNO.99,C.C.P,.JUNE10,1997) AYES-11. NOES-0.
That the above item be, and the same hereby is, returned to the
Common Council without recommendation. NO.133
Mrs. Franczyk now moved: NICHOLS&VANN-PETITIONTOUSE1073SENECA
That the above item be and the same hereby is received and STREET-BILLBOARD
filed. (ITEMNO.116,C.C.P.,MAY27,1997)
ADOPTED That after a public hearing before the Committee on Legislation
LEGISLATION on June 17, 1997 the petition of Nichols & Vann, for
HON.ALFREDT.COPPOLA permission to use 1073 Seneca Street for a billboard be, and
CHAIRMAN hereby is approved.
NO.128 PASSED.
ORDINANCEAMENDMENT-CHAPTER511-ZONINGAYES-11. NOES-0.
(ITEMNO.206,C.C.P.,MAY27,1997) NO.134
(ITEMNO.148,C.C.P.,JUNE10,1997) USE1037SENECA(C.P.BD.)
That the Ordinance Amendment as contained in Item No. 206, (ITEM#13CCPJUNE10,1997)
C.C.P., May 27, 1997, be and the same hereby is approved. That the above mentioned Item be and the same is hereby
PASSED. received and filed.
AYES-11. NOES-0. ADOPTED.
NO.130 NO.135
RIGIDIZEDMETALSCORP.-PETITIONTOUSE658OHIOERIECO.INDUSTRIALCENTERPOINTCORP.PARK-
-STORAGEADDITION PETITIONTOUSE1656BROADWAY-POLESIGN
(ITEMNO.76,C.C.P.,JUNE10,1997) (ITEMNO.119,C.C.P.,MAY27,1997)
That after a public hearing before the That after a public hearing before the
Committee on Legislation on June 17, 1997 the petition of Committee on Legislation on June 17, 1997 the petition of Erie
Rigidized Metals Corp., owner, for permission to use 658 Ohio Co. Industrial Center Point Corp. Park, owner, for permission to
for a storage addition be, and hereby is approved. use 1656 Broadway for a pole sign be, and hereby is approved.
PASSED. PASSED.
AYES-11. NOES-0. AYES-11. NOES-0.
NO.129 NO.136
PROPERTYDEVELOPER,INC.-PETITIONTOUSE25USE1656BROADWAY(C.P.BD.)
IMSON-POLESIGN (ITEM#14CCPJUNE10,1997)
(ITEMNO.77,C.C.P.,JUNE10,1997) That the above mentioned Item be and the same is hereby
That after a public hearing before the received and filed.
Committee on Legislation on June 17, 1997 the petition of ADOPTED.
Property Developer, Inc., owner, for permission to use 25
Imson for a pole sign be, and hereby is approved. NO.137
PASSED. T.PALMER,PETITIONTOREZONE155SUMMER
AYES-11. NOES-0. STREET
(ITEMNO.144,C.C.P.,MAY27,1997)
NO.130 That the above item be, and the same hereby is,
FRONTIERMETALBUILDING,INC.-PETITIONTOUSEreturned to the Common Council without recommendation.
1176SOUTHPARK-OFFICES,ETC. Mr. Coppola moved:
(ITEMNO.78,C.C.P.,JUNE10,1997) That the Common Council of the City of Buffalo does
That after a public hearing before the Committee on hereby ordain as follows:
Legislation on June 17, 1997 the petition of Frontier Metal That that part of the Zoning Ordinances of the City
Building, Inc., for permission to use I 1 76 South Park for of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it
offices/produce processing be, and hereby is approved with the relates to the use map thereof be amended to show a "R5"
following conditions: Residential District Commercial District rather than a "R3”
1. The City is to retain an exclusive easement for the 25 Residential District for the premises known as 155 Summer
foot river front "yard" along the shoreline of the Buffalo River. Street, and more particularly described as follows:
2. The developer agrees to plant native thornless ALL THAT TRACT OR PARCEL OF LAND, situate in the
species along the river front "yard" area at no cost to the City. City of Buffalo, County of Erie and State of New York, being
3. The developer agrees to install the following right-of-part of Farm Lot 54, Township 11 and Range 8 of the Holland
way treatments along the South Park facade of the property: Land Company's Survey, bounded and described as follows:
a. Beginning at the curb line of South Park Avenue, a 3 Commencing at a point in the northerly line of Summer
foot concrete splash guard, followed by a 4.5 foot tree lane, Street distant three hundred seventy-eight (378) feet westerly
followed by a 5 foot sidewalk, followed by a 7.5 foot tree lane to measured along said line of Summer Street from its points of
a fence. intersection with the westerly line of Delaware Avenue; running
b. The trees to be used in the tree lanes shall be thence northerly, at right angles with the northerly line of
alternating 3" caliper Little Leaf Linden and European Ash, Summer Street, one hundred eighty-eight (I 88) feet to a point;
planted 20 feet on center; thence westerly and parallel with the northerly line of Summer
c. Although the City Planning Board would prefer to see Street one hundred thirty-five (I 3 5) feet; thence southerly and
a wrought iron fence, if project costs cannot provide one, then at right angles to the northerly line of Summer Street one
at a minimum, a chain link fence with appropriate vines, ivies, hundred eighty-eight (I 88) feet to the northerly line of Summer
or similar climbing vegetation interwoven into the fences will be Street; thence easterly along the northerly line of Summer
allowed. Street one hundred thirty-five (I 35) feet to the place of
4. Between the Hydroponic facility and South Park beginning.
Avenue there will be reserved a Right - of - Way for a This rezoning shall be effective providing the following
recreational trail which will be part of the Buffalo River conditions are met:
Greenway Trail, a segment of the Buffalo Greenway System. That this rezoning shall not be effective unless and
The recreational trail, when constructed, will consist of an 8 - until a certified copy thereof has been filed by the petitioner in
12 foot wide asphalt surface, suitable for bicycling, rolIer the offices of the Erie County Clerk's Office and proof of such
blading, and walking. filing is submitted to the City Clerk's Office.
PASSED. That this rezoning will not be effective until such conditions
AYES-11. NOES-0. as set by the City Planning Board are met.
That this Common Council finds this action to be an That the Buffalo Sewer Authority be
Unlisted Action under the S.E.Q.R. Act and adopts petitioner's requested to file an estimate of the percentages of untreated
findings such that no further environmental review is required sewage and partially treated sewage that is discharged to local
under said Act. water bodies.
It is hereby certified, pursuant to Section 34 of the Charter ADOPTED.
that the immediate passage of the foregoing ordinance is
necessary. NO.144
PASSED. INFO-RELEASEDSEWAGE(BSA)
AYES-11. NOES-0. (ITEM#63CCPAPRIL29,1997)
That the above mentioned Item be and the same is hereby
NO.138 received and filed.
SALVATIONARMY-USE154N.PEARL-FAMILYRES.ADOPTED.
CTR.
(ITEM#85CCPAPRIL1,1997) NO.145
That the above mentioned Item be and the same is hereby MARINEMIDLANDARENA-WASTE/RECYCLINGMGMT
received and filed. (ITEM#81CCPAPRIL29,1997)
ADOPTED. That the above mentioned Item be and the same is hereby
received and filed.
NO.139 ADOPTED.
ENCROACH-67CHIPPEWASTREET-SIDEWALKCAFE
(ITEMNO.38,C.C.P.,JUNE10,1997) NO.146
That the Commissioner of Public Works be, and he hereby is DRAFTORDINANCE-LICENSEALLPAYPHONES
authorized to issue a "mere license" to Mr. John Klenk, owner OUTSIDEBUILDINGS
of West 67th Street Bar, located at 67 West Chippewa Street, (ITEMNO.161,C.C.P.,APR.29,1997)
to install a sidewalk cafe, which would encroach city right-of-That the above item be, and the same hereby is, returned to the
way at said address, subject to the following conditions: Common Council without recommendation.
1. That the applicant obtain any and all other City of Buffalo Mr. Coppola moved that the above item be recommitted to the
permits necessary for said installation. Committee on Legislation.
2. That the sidewalk cafe be installed exactly as shown on ADOPTED.
plans submitted to and approved by the Department of Public
Works, Division of Buildings. NO.147
3. That the sidewalk cafe does not exceed twenty feet (20') in DREW&DREW-COMPLAINT-NOISE-1264MAINSTREET
length or extend more than six feet (6) from the building face. (ITEM#53CCPMAY13,1997)
4. That no portion of the sidewalk cafe be permanent in nature That the above mentioned Item be and the same is hereby
or permanently affixed to the main building or public sidewalk. received and filed.
5. That the sidewalk cafe be completely removed from City ADOPTED.
right-of-way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of two dollars NO.148
($2.00) per square foot of City right-of-way occupied by said DREW&DREW-COMPLAINT/NOISE1264MAIN(CD)
sidewalk cafe as described in Chapter 413, Article IX, Section (ITEM#66CCPMAY27,1997)
59 (Sidewalk Cafes) of the City Ordinances. (20'x 6'= 120 sq. That the above mentioned Item be and the same is hereby
ft. x $2.00 = $240.00/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
certificate of insurance which will indemnify and save harmless NO.149
the City of Buffalo against any and all loss and damage out of R.QUINTANA-NOM.MEMBERS-BD.OFHUMAN
the construction, maintenance, use and removal of said RELATIONS
sidewalk cafe. (ITEM#64CCPMAY13,1997)
PASSED. That the above mentioned Item be and the same is hereby
AYES-11. NOES-0. received and filed.
ADOPTED
NO.140 AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
BLOCKBUSTERVIDEO-PETITIONTOUSE2650-2654HELFER, LOCKWOOD, LOTEMPIO, WILLIAMS,
DELAWAREAVENUE-POLESIGN ZUCHLEWSKI-10.
(ITEMNO.120,C.C.P.,MAY27,1997) NOES-KAVANAUGH-1.
(ITEMNO.110,JUNE10,1997)
That after a public hearing before the NO.150
Committee on Legislation on June 17, 1997 the petition of RETAINSPECIALUSEPERMITREQUIREMENTFOR
Blockbuster Video, petitioner, for permission to use 2650-2654 HUMANSERVICESFACILITIES
Delaware Avenue for a pole sign be, and hereby is approved. (ITEMNO.163,C.C.P.,MAY13,1997)
PASSED. That the above item be, and the same
AYES-11. NOES-0. hereby is, returned to the Common Council without
recommendation.
NO.141 Mr. Coppola moved:
LICENSINGABSENTEELANDLORDS(CD) That this Council requests the Corporation Counsel to file an
(ITEM#35CCPMAY13,1997) ordinance amendment removing the expiration date from Article
That the above mentioned Item be and the same is hereby 27 of Chapter 51 1 of the Code, thus allowing Article 27 to
received and filed. remain in the Code until such a time as the Council decides to
ADOPTED. amend or remove it.
ADOPT
NO.142 NO.151
SIDEWALKSHOVELINGUPDATE(CC) GOETHERESIDENCE-ILLEGALLYPARKEDVEHICLES
(ITEM35CCPJANUARY21,1997) (A&F)
That the above mentioned item be and the same is hereby (ITEM#57CCPJUNE10,1997)
received and filed. That the above mentioned Item be and the same is hereby
ADOPTED. received and filed.
NO.143 ADOPTED
BUFFALOSEWERAUTHORITY NO.152
(ITEMNO.155,C.C.P.,APR.15,1997) CHG.POLICY-ALTERNATIVEPKG.12(#125,5/13)
That the Buffalo Sewer Authority be requested to propose a (ITEM#159CCPMAY27,1997)
policy for filing reports with the Council on the release of raw That the above mentioned Item be and the same is hereby
sewage to local waterways, including a threshold amount of received and filed.
sewage and a time limit for reporting the incident; and ADOPTED
That the Buffalo Sewer Authority be NO.153
requested to file a report detailing releases raw and partially CHG.ENFORCEMENTPOLICYALERTNESSPKG.(PW)
treated sewage to local water bodies over the last three years; (ITEM#41CCPJUNE10,1997)
and That the above mentioned Item be and the same is hereby
received and filed. OPP.(CD)
ADOPTED (ITEM#53CCPAPRIL15,1997)
NO.154 That the above mentioned Item be and the same is hereby
CHG.POLICY-ALT.PKG.12(A&F) received and filed.
(ITEM#58CCPJUNE10,1997) ADOPTED
That the above mentioned Item be and the same is hereby NO.166
received and filed. C.FLANAGAN-REQ.ASST.ADOPT-A-SHOREPROGRAM
ADOPTED (ITEM#106CCPMAY27,1997)
NO.155 That the above mentioned Item be and the same is hereby
P.CAPUTO-OPP.CHG.ALTERNATEPKG. received and filed.
(ITEM#69CCPJUNE10,1997) ADOPTED
That the above mentioned Item be and the same is hereby NO.167
received and filed. HOMEFUNDS-1910-1918NIAGARASTREET
ADOPTED (ITEMNO.48,C.C.P.,JUNE10,1997)
NO.156 That the Commissioner of Community
APPT.MBR.ELEVATORSAFETYREVIEWBD.(MAYOR) Development be, and he hereby is, authorized to release
(ITEM#1CCPJUNE10,1997) HOME Rental Rehabilitation funds in the amount of $40,000.00
That the above mentioned Item be and the same is hereby at 4% for 15 years for 1910-1918 Niagara Street, Mr. and Mrs.
received and filed. Martin Huber, owners.
ADOPTED PASSED AYES- 11 NOES- 0
NO.157
APPOINTMENTOFMEMBERTOTHEBUFFALOCOMMITTEEONEDUCATION
PRESERVATIONBOARD HON.BARBRAKAVANAUGH
(ITEMNO.2,C.C.P.,JUNE10,1997) CHAIRMAN
That the appointment of John M. Laping, NO.168
FAIA, residing at 166 Bryant Street, as a member to the Buffalo CREATELAFAYETTEHONORSPROGRAM
Preservation Board, for a term expiring August 31, 1998, be (ITEM#226CCPNOVEMBER26,1997)
and hereby is confirmed. That the above mentioned Item be and the same is hereby
ADOPTED. received and filed.
NO.158 ADOPTED
RENAMEGLEASNER/MANHATTANPARK-PARK NO.169
(ITEMNO.153,C.C.P.,JUNE10,1997) STUDENTSINECON.GOV.-SCHOOLTAXRELIEF
That the above item be, and the same hereby is, returned to the LEGISLATION
Common Council without recommendations. (ITEM#65CCPMAY13,1997)
Mrs. LoTempio moved that the hearing set for this day, rename That the above mentioned Item be and the same is hereby
Gleasner/Manhatten Park is now open Appearances- none. received and filed.
Mrs LoTempio moved the hearing is closed, second by Mr. ADOPTED
Brown. RESOLUTIONS
Mrs. LoTempio now moved that the Common Council, after an NO.170
appropriate Public Hearing set by the City Clerk, redesignates By: Mr. Brown
Gleasner/Manhattan Park as Roberson Park in honor of Kevin ORDINANCEAMENDMENT
Roberson. CHAPTER467-TREES,SCRUBSANDPLANTS
PASSED AYES - 11 NOES - 0 The Common Council of the City of Buffalo does
NO.159 hereby ordain as follows:
APPOINTMENTOFMEMBERTOTHEBUFFALOPESTThat Chapter 467 of the Code of the City of Buffalo be
MANAGEMENTBOARD amended to read as follows:
(ITEMNO.173,C.C.P.,JUNE10,1997) § 467- 8 Trees and development.
That the appointment of Patricia A. Process
Ziolkowski, residing at 82 Howell Street, as a member to the (1). For any action requiring a city permit that may
Buffalo Pest Management Board, be and hereby is confirmed. involve the destruction of live trees or for actions for public
ADOPTED. uses that may involve the destruction of live trees, the permitee
COMMUNITYDEVELOPMENT or public agency must [undertake, at his or her expense if
HON.DALEZUCHLEWSKI necessary, an inventory of any and all existing trees which are
CHAIRMAN of a maturity of having grown to three (3) inches of diameter at
NO.160 a height of four feet (dhff). The inventory shall include the
NYSYOUTH-CONCERNS-/LIVING/LEARNINGCTR. location, species and diameter at a height of four (4) feet, of
(NBLLC)(HRG.3/12) each tree at or over three (3) inches dhff, along with a
(ITEM#109CCPMARCH4,1997) designation of which trees are to be removed and a plan for any
That the above mentioned Item be and the same is tree plantings to be done on site. If the building permit office
hereby received and filed. requires a site plan, this tree inventory shall be included on the
ADOPTED site plan.] prepare a site plan showing the location of all existing
NO.161 trees which are of a maturity of having grown to three inches
D.ZUCHLEWSKI-INSP.RPT.44BRECKENRIDGE (3") of diameter and a height of four feet (4') (dhff). The plan
(ITEM#84CCPNOVEMBER12,1997) shall include the location, species and dimensions of such
That the above mentioned Item be and the same is hereby trees. The plan will also show the species, size and location of
received and filed. all new trees and related vegetation. A landscaping plan and
ADOPTED planting schedule shall be made part of the plan. The City
NO.162 shall reserve the right to require or undertake verification of this
INVESTAIRTEKPLANTSITE(CD)(#43,3/5) [inventory] site plan before any work can be done on the site.
(ITEM#138CCPNOVEMBER12,1997) The [inventory] site plan shall be forwarded to the
That the above mentioned Item be and the same is hereby Commissioner of Human Services, Parks and Recreation who
received and filed. shall have five (5) business days from the date the [inventory]
ADOPTED site plan is submitted to the Permit Office to object to any
NO.163 removals or proposed plantings. The removal of any trees of
INVESTAIRTEKPLANTSITE(CD)(#43,3/5) greater than ten inches dhff requires express written
(ITEM#47CCP,APRIL29,1997) permission from the Commissioner of Human Services, Parks
That the above mentioned Item be and the same is hereby and Recreation.
received and filed. (8) Trees that are normally brittle, short lived, rapid
ADOPTED growing, or fibrous rooted shall not be planted as street trees.
NO.164 The Commissioner of Human Services, Parks and Recreation
BCTV-JEFFERSONRENAISSANCEPROJ.(#83,3/18) shall [may] maintain annually updated lists of acceptable trees
(ITEM#156CCPAPRIL1,1997) for various types of plantings, taking into account maintenance
That the above mentioned Item be and the same is hereby concerns, costs, habitat concerns and the desirability of using
received and filed. native species. The Commissioner shall make copies of lists of
ADOPTED acceptable trees available upon request.
NO.165 § 467-9 Enforcement
STRATEGICPLAN-CREATEECON.HSG/QUAL.LIFE It shall be the duty of the Police Department, the
Community Development Department, the Human Services, from the misuse of paint guns and/or high pressure water
Parks and Recreation Department and the Administration and guns;
Finance Department (Bureau of Administrative Adjudication) to Now, Therefore, Be It Resolved:
enforce this Chapter. In addition, [failure to comply with the That this Common Council requests that the Buffalo Police
requirements of this Chapter, the project site plan or other Department and the Law Department indicate what ordinances
agreements made relative to trees may constitute grounds for and policing strategies can be utilized to reduce the misuse
the suspension, revocation or nonrenewal of licenses or and abuse of paint guns and high pressure water guns; and
permits-issued by the City.] any project which fails to comply Be it Further Resolved:
with the requirements of this Chapter, the project site plan or That the Buffalo Police Department indicate whether or not
other agreements made relative to trees shall be deemed to be increasing various fines would serve as a deterrent; and
in violation of this Chapter and may be subject to the Be it Finally Resolved:
suspension, revocation or nonrenewal of licenses or permits That the Buffalo Police Department file with the Common
issued by the City as well as any other penalty Applicable by Council the number of complaints received and the number of
law. arrests made related to paint guns and high pressure water
It is hereby certified, pursuant to Section 34 of the guns annually since 1992.
Charter, that the immediate passage of the foregoing ordinance REFERRED TO THE COMMITTEE ON LEGISLATION
is necessary. AND THE COMMISSIONER OF POLICE
APPROVED AS TO FORM NO.173
Michael Risman By: Mr. Brown
Corporation Counsel ESTABLISHOFFICERNEXTDOORPROGRAMINCITYOF
NOTE: Matter in brackets [ ] to be BUFFALO
deleted; matter underlined is new. Whereas: The Masten District is geographically located in
PASSED AYES- 11 NOES- 0 the center of Buffalo and comprised of relatively low to
NO.171 moderate income residents; and
By: Mr. Brown Whereas: The Masten District and other areas of Buffalo's
APPROVALTORETAINOUTSIDECOUNSEL inner-city are socially and economically distressed; in fact, in
RE:1715JEFFERSON 1996, Night Line conducted a documentary of the declining
Whereas: On December 18, 1996, the Zoning Board of conditions on Buffalo's East Side; and
Appeals approved the application for the operation of a Whereas: As an exodus of residents and companies from
delicatessen with take-out service at 1715 Jefferson Avenue; Buffalo has persisted for more than 15 years, poverty and
and crime has substantially increased as the population of the city
Whereas: The Common Council subsequently adopted a has decreased; and
resolution (C.C.P. February 18, 1997, Res. 164) stating its Whereas: One of the self-help strategies that the Buffalo
formal opposition to the operation of the take-out delicatessen Common Council has pursued to reduce crime and to increase
at 1715 Jefferson; and tax revenues has been in encouraging residency requirements
Whereas: The aforementioned resolution also stated the for all employees; and
Council's preference to eliminate any nonconforming use Whereas: In many large cities like Buffalo, many police
status for the property, requested the Permit Office to take officers and other municipal employees do not live where they
corrective action and suspend and declare void any permits for work. Often there has been a tremendous public outcry related
1715 Jefferson based on the presentation of erroneous and/or to this practice. The Officer Next Door Plan recently
misleading information on the pen-nit application and requested announced by the U.S. Department of Housing and Urban
that the Zoning Board of Appeals deny granting a continuation Development is a program that encourages police officers to
on non-use status to the operation of a delicatessen at 1715 live where they work, which may serve as a deterrent to crime
Jefferson Avenue; and in addition to attracting more middle class residents and
Whereas: The Council's stance was based on both the property owners to the Masten District and City of Buffalo; and
Hamlin Park community's opposition to this take-out Whereas: The Police Officer Next Door Plan is a strategy
delicatessen and the issue of possible erroneous and/or that may increase the stability of low to moderate income
misleading information in the permit application; and neighborhoods infested with crime and violence and this
Whereas: At their May 21 meeting, despite the Common program probably will help cities in their efforts to pursue
Council's requests, the Zoning Board of Appeals granted a residency requirements for their employees; and
continuation of non-conforming use to the take-out delicatessen Whereas: The U.S. Department of Housing and Urban
at 1715 Jefferson Avenue; and Development is offering police officers from participating
Whereas: The City of Buffalo Corporation Counsel is municipalities the opportunity to pay only $ 1 00 for a
normally the legal representative of both the Common Council downpayment on FHA mortgages on HUD foreclosed
and the Zoning Board of Appeals; properties;
Now, Therefore, Be It Resolved: Now, Therefore, Be It Resolved:
That this Council requests that the Corporation Counsel, That the Common Council requests the Mayor of Buffalo and
recognizing the obvious conflict between the Common Council the Commissioner of the Buffalo Police Department to support
and the Zoning Board of Appeals on this issue, declare a the establishment of the Officer Next Door Plan in the City of
conflict of interest and clarify the inability of that office to Buffalo and that they contact the local and Washington, DC
represent both the Common Council and the Zoning Board of offices of the U.S. Department of Housing and Urban
Appeals on this issue; and Development to begin this process; and
Be it Further Resolved: Be it Further Resolved:
That this Common Council request the approval of the That revitalization areas in the Masten District and other
Corporation Counsel to hire outside counsel to file an Article distressed communities in the City of Buffalo with high rates of
78, on behalf of the Buffalo Common Council, with regard to crime be targeted in this proposal; and
the take-out delicatessen at 1715 Jefferson Avenue. Be it Finally Resolved:
REFERRED TO THE COMMITTEE ON LEGISLATION AND That certified copies of this resolution be forwarded to the
THE CORPORATION COUNSEL. Western New York Congressional and State legislative
NO.172 delegations, Andrew Cuomo, Secretary, U.S. Department of
By: Mr. Brown Housing and Urban Development, and Kenneth LoBene,
ENFORCEORDINANCESONHIGHPRESSUREWATERDirector of the Buffalo Office of the U.S. Department of H.U.D.
GUNSANDPAINTGUNSONCITYSTREETS ADOPTED
Whereas: In recent days there has been a concern related NO.174
to the misuse of paint guns and high pressure water guns; and By: Mr. Brown
Whereas: The misuse of these objects threatens the REQUESTTOHANGBANNERSFORJEFFERSON
safety and welfare of all communities in the City of Buffalo; and RENAISSANCEARTSFESTIVAL
Whereas: Some adults and youths have carelessly used Whereas: On Sunday, July 27, 1997, "50 Women With A
paint guns and high pressure water guns to assault and Vision" will sponsor the 2nd Annual Jefferson Avenue Arts
ambush citizens; and Festival to celebrate the revitalization of Jefferson Avenue and
Whereas: It is imperative that local government and law the adjacent communities; and
enforcement seek to regulate the use of these items without Whereas: The Jefferson Arts Festival is the beginning of
placing a ban or moratorium on them and affecting those who efforts to bring substantial community activities in the inner-city;
use these products properly; and and
Whereas: As we move closer toward the summer months Whereas: The organization would like to hang banners at
it is important that a proactive strategy is developed to reduce Jefferson Avenue and East Utica Street and East Ferry and
the possibility of accidents and/or acts of violence resulting Jefferson Avenue; and
Whereas: The City of Buffalo continues to support ASSISTANTTOCOUNCILMEMBERCZAJKA
community related activities that stimulate economic Be It Resolved:
development and increase community and civic pride in Buffalo That Tammy M. Barnes-Tumbull, 390 Downing Street,
and local government; Buffalo, New York 14220, be appointed as Legislative Assistant
Now, Therefore, Be It Resolved: to Councilmember David J. Czajka. This appointment shall
That "50 Women With A Vision" be granted permission to become effective June 16, 1997.
hang banners at Jefferson Avenue and East Utica Street and ADOPTED
East Ferry and Jefferson Avenue. NO.178
PASSED AYES- 11 NOES- 0 By: Mr. Czajka
NO.175 ALTERNATEPARKING---GORSKISTREET
By: Mr. Coppola Whereas: Many older streets in the city of Buffalo do not
PERMISSIONFORHERTEL-NORTHBUFFALOBUSINESSprovide adequate on street parking- and
ASSOCIATION Whereas: On many streets where homes do not have
TOHANGBANNERSFROMLIGHTPOLES driveways, parking becomes a frustrating and contentious
Whereas: The Hertel-North Buffalo Business Association issue- and
(HNBBA) has requested permission to hang banners from Whereas: On one-way streets, alternate parking would
existing light poles along Hertel Avenue; and appear to be essential only during winter months for the
purposes of snow removal; and
Whereas: The banners will be decorative and are part of a Whereas: Residents of Gorski Street between Clinton and
new campaign advertising the Hertel Avenue business district, Casimir Streets have petitioned for a change in the alternate
"Experience Hertel". parking policy on their street to mandate alternate parking only
Now therefore be it resolved that from November1 st to April 1 st.
This Common Council supports the Hertel-North Buffalo Therefore, Be It Resolved:
Business Association in their efforts to revitalize the Hertel That the Department of Public Works, Division of Parking
Avenue business district and hereby grants permission to hang Enforcement and Corporation Counsel respond to this
decorative banners inviting everyone to "Experience Hertel" Honorable Body on the feasibility of changing this policy to
from existing city light poles as long as all requirements of the allow for added warm weather parking on Gorski Street.
Department of Public Works are met and proper insurance is Be it Also Resolved:
secured. That the aforementioned departments also comment on this
PASSED AYES- 11 NOES- 0 proposed policy change regarding residential one-way streets
NO.176 in general.
By: Mr. Coppola REFERRED TO THE COMMITTEE ON LEGISLATION, THE
AUTOINSURANCERATES COMMISSIONER OF PUBLIC WORKS, THE
Whereas: Through numerous studies and surveys, it was COMMISSIONER OF ADMINISTRATION & FINANCE AND
found that automobile insurance r rates are considerably higher THE CORPORATION COUNSEL
in the city of Buffalo as compared to its surrounding suburbs; NO.179
and By: Mr. Czajka
Whereas: These rates are commonly 50% higher for ORDINANCEAMENDMENT--LIVEMUSIC
identical vehicle coverage if the insured driver resides in the Whereas: Numerous taverns in the City of
city, as compared to those residing outside; and Buffalo offer live musical performances; and
Whereas: Rochester, New York, meanwhile, which is Whereas: Many of these locations are in
approximately 60 miles from Buffalo, uses a countywide system close proximity to residential areas; and
for establishing auto insurance rates; and Whereas: Nuisances often associated
Whereas: Residents pay similar rates for insurance in with this brand of entertainment such as excessive noise,
Monroe County, whether they live in Rochester's poorest parking problems, rowdy patron behavior, vandalism and the
neighborhoods or the more affluent suburban areas; and like provoke frequent complaints by neighbors- and
Whereas: The City of Buffalo has undergone a substantial Whereas- Approvals of live music
decrease in jobs and population as employers are following licenses are approved without community or Common Council
citizens by moving their offices to the suburbs; and input;
Whereas: The suburban population surrounding Buffalo Now, Therefore, Be It Resolved:
has increased dramatically as has the number of vehicles using That the Corporation Counsel prepare an ordinance
those suburban roads and highways: amendment of sec. 7513 pertaining to music permits which
Now, therefore be it resolved: would include:
That the State of New York Insurance Department advise this 1. Separate licenses for live music versus jukebox music
Honorable Body as to what is being done to keep the City of with live music licenses understood, to include jukeboxes.
Buffalo on equal terms with its neighboring suburbs regarding 2. Council review and hearings on
automobile insurance rates and forward a copy of the most all applications for live music licenses.
recent insurance review of the Buffalo Metropolitan area; and 3. where applicable, requirements for sound-proofing of
Be it further resolved: buildings holding live music events.
That the State of New York Insurance Department explain the Be it Also Resolved: That the Corporation Counsel file a draft
differences in the way Rochester, its suburbs, and Monroe amendment in time for the Common Council's meeting on July
County auto insurance rates are determined as compared to 8, 1997
the way Buffalo, its suburbs and Erie County are; and REFERRED TO THE COMMITTEE ON LEGISLATION AND
Be it further resolved: THE CORPORATION COUNSEL
That the City Clerk send certified copies of this resolution to the NO.180
following individuals: By: Mr. Czajka
1. Neal Levin, Superintendent of Insurance, New York State WAIVEALLFEESFORBUFFALOFIREHISTORICAL
Insurance Department, 160 West Broadway, New York NY SOCIETY
10013 Whereas: The Buffalo Fire Historical Society and Museum,
2. Greg Serio, First Deputy Superintendent of Insurance, 1850 William Street, is a non-profit
New York State Insurance Department, 160 W. Broadway, 2 1 organization dedicated to preserving the history of fire fighting
st Floor, New York NY 10013 in Buffalo; and
3. Sal Castiglione, Chief of Consumer Services Bureau, New Whereas: The organization offers a variety of lectures and
York State Insurance Department, 160 West Broadway, New exhibits for people throughout Western New York; and
York NY 10013 Whereas: On Saturday June 2 1, the will sponsor a
Society
4. Stewart Keir, Assistant Deputy Superintendent and Chief
day series of events kicking off with a parade through the East
Examiner, New York State Insurance Department, 160 W.
Lovejoy Community-, and
Broadway, New York NY 10013
Whereas: The City Of Buffalo should support this celebration
Be it finally resolved that:
of local history by -waiving any and all licenses or permits and
The above mentioned parties file their comments and
their fees which may be required to hold the parade.
recommendations with the Common Council, 1308 City Hall,
Now Therefore Be It Resolved That:
Buffalo, NY, 14202, by 2:00 p.m. Thursday, July 3,1997.
This Common Council support the educational benefit of the
ADOPTED
Buffalo Fire Historical Society event to be held on June 21 and
RESOLUTION
waives any and all licenses or permits pertaining to the parade
NO.177
and their fees that would be levied against the Historical
By: Mr. Czajka
Society in conjunction with the event.
APPOINTMENTOFLEGISLATIVEASSISTANT
PASSED AYES- 11 NOES- 0
NO.181 Commissioner of Street Sanitation, Alan H. DeLisle,
By Mr. Czajka Commissioner of Community Development, James W. Pitts,
SETPUBLICHEARING President of the Common Council, and James B. Milroy,
NEWBUFFALOINDUSTRIALPARKPARTOFPARCEL4 Director of Budget, recommend that the compensation for said
APPROVAL-CONTRACTFORSALEOFLAND positions be raised and fixed at the respective amounts set
LUSHLAWN,INC. forth in the foregoing ordinance.
WHEREAS, the City of Buffalo Department of We, Anthony M. Masiello, Mayor and Joel A.
Community Development has negotiated a Contract for Sale of Giambra, Comptroller, pursuant to Section 454 of the Charter
Land with Lushlawn, Inc. of the City of Buffalo, hereby certify that the interests of the City
WHEREAS, the terms of said Contract for Sale of will be subserved by the increase in compensation provided for
Land has been negotiated by the Department of Community the positions set forth in the foregoing ordinance.
Development and has been forwarded to your honorable body PASSED AYES- 11 NOES- 0
for consideration. NO.185
NOW, THEREFORE, BE IT RESOLVED: SALARYORDINANCEAMENDMENT
1. That the City Clerk is hereby directed to publish the 21-0DEPARTMENTOFFIRE
notice attached hereto and marked "Notice of Hearing" in the The Common Council of the City of Buffalo does ordain as
Buffalo News, no later than the 27th day of June 1997. follows:
2. That this Common Council will conduct a Public That part of Section I of Chapter 35 of the Ordinances
Hearing on the matter stated in said "Notice of Hearing" at 2:00 of the City of Buffalo, relating to 21 0- Department of Fire,
P.M. in the Council Chambers on the 8th day of July 1997. under the various subheadings relating to positions listed below
ADOPTED is hereby amended as follows:
NO.182 (NOTE: Old Salaries are in brackets)
By: Mr. Czajka and Mrs. Lockwood That this ordinance shall take effect as per the respective dates
DISCONTINUATIONOFBUSSERVICE on the attached schedule.
Whereas: Previously, riders have protested the cutbacks of the IT IS HEREBY CERTIFIED, pursuant to Section 34 of
#22B bus; and the Charter, that the immediate passage of the foregoing
Whereas: The loss of the #2213 bus, between the Walden ordinance is necessary.
Bailey loop and South Park Avenue, has caused hardship for WE, CORNELIUS J. KEANE, Commissioner of Fire
medical patients, school children and working people; and and JAMES B. MILROY, Director of the Budget, hereby certify
Whereas- Riders of this bus line have again gathered that the above changes are necessary for the proper conduct,
support to continue the service administration and performance of essential services of that
by gathering signatures that they have filed with the Common department. We recommend that the compensation for said
Council; and positions be fixed at the respective amounts set forth in the
Now, Therefore, Be It Resolved: foregoing ordinance.
That this Honorable Body request the NFTA re-examine the We, Anthony M. Masiello, Mayor and Joel A. Giambra,
cutback of the Comptroller, pursuant to Section 454 of the Charter of the City
#22B bus-and of Buffalo, hereby certify that considering the determination of
Be It Further Resolved: the public arbitration panel and contingent upon prior or
That this Honorable body ask the NFTA to look to restore some concurrent action to provide and authorize funding thereof, the
service to this line; and interests of the City will be subserved by the increase in
Be It Finally Resolved: compensation provided for the positions set forth in the
That this Honorable Body request that the NFTA explain what foregoing ordinance
measures will be taken to service this population as a result of
any cutback. ORDINANCEAMENDMENT
REFERRED TO THE COMMITTEE ON LEGISLATION AND SALARYANDWAGESCHEDULE"D"
THE NIAGARA FRONTIER TRANSPORTATION The Common Council of the City of Buffalo does ordain as
AUTHORITY follows:
NO.183 That part of Section I of Chapter 35 of the
By: Mr. Czajka Ordinances of the City of Buffalo, relating to 21 - 0 Department
SALARYANDWAGESCHEDULE1997-98 of Fire under the various subheadings relating to positions
The Common Council of the City of Buffalo does listed below is hereby amended as follows:
ordain as follows: See Attached Schedule "D"
That part of Subdivision (a) of Section 35-9 of Chapter That this ordinance shall take effect as per the respective dates
35 of the Ordinance of the City of Buffalo, relating to Salary and on the attached schedule.
Wage Schedules "A", "B", "E", "F", and "G", are hereby EFFECTIVE JULY 1, 1995
amended to read as follows: APPROVED AS TO FORM
See Attached Schedules Michael Risman
and Corporation
That this ordinance shall take effect July 1, 1997. PASSED AYES- 11 NOES- 0
Approved as to Form NO.186
Michael Risman By: Mr. Franczyk
Corporation Counsel CONTRACTSFOROUT-OF-TOWNCOMPANIES
PASSED AYES- 11 NOES- 0 WHEREAS: The Department of Community Development bids
NO.184 out contracts for revitalization projects to qualified bidders; and,
By: Mr. Czjaka WHEREAS: Wherever possible, preference on the bid
SALARYORDINANCEAMENDMENT packages should go out whenever possible to City of Buffalo
VARIOUSDEPARTMENTS companies; and,
The Common Council of the City of Buffalo does WHEREAS: Sellmore and Phoenix Window companies are
ordain as follows: Buffalo-owned and operated business which have provided
That part of Section I of Chapter 35 of the Ordinances of the windows for city rehabilitation and housing projects; and,
City of Buffalo, relating to Various Departments under the WHEREAS: In the past Window Bids from the Community
various subheadings relating to positions listed below is Development Dept., Division of Neighborhoods, have read
hereby amended as follows: "Sellmore or Comparable;" and,
This ordinance shall be effective July 4, 1997. WHEREAS: Future Window Bids will reportedly read
It is hereby certified, pursuant to Section 34 of the "Sellmore, Alside or Phoenix Windows Only"; and,
Charter, that the immediate passage of the foregoing ordinance WHEREAS: Alside Windows are located in Akron, Ohio, while
is necessary. Sellmore and Phoenix are locally owned and operated, with
We, Charles L. Michaux, City Clerk, Anthony M. Phoenix being minority owned;
Masiello, Mayor, Joel A. Giambra, Comptroller, Eva M. Hassett, NOW THEREFORE BE IT RESOLVED:
Commissioner of Administration and Finance, Michael B. That the Department of Community Development report on why
Risman, Corporation Counsel, Joseph Sole, Commissioner of Alside, an Akron, Ohio, company is let into the bidding process
Assessment, Alberto J. DelValle, Commissioner of General when Buffalo window companies, which hire local and pay
Services, R. Gil Kerlikowske, Commissioner of Police, taxes in Buffalo are forced to compete with out of state
Cornelius J. Keane, Commissioner of Fire, Joseph N. Giambra, companies, especially if prices are comparable.
Commissioner of Public Works, Thomas A. Gallagher, Director REFERRED TO THE COMMITTEE ON LEGISLATION AND
of Parking, Daniel T. Durawa, Commissioner of Human THE COMMISSIONER OF COMMUNITY DEVELOPMENT
Services, Parks & Recreation, Vincent J. LoVallo, NO.187
By: Mr. Franczyk TO:
TRANSFEROFFUNDS 200 Bond Fund
VARIOUSDEPARTMENTS 200 - Department of Police
That pursuant to section 42 of the Charter and the Certificate 501 - MCT/RMS $216,201.16
of the Mayor and the Comptroller submitted to the Common PASSED AYES- 11 NOES- 0
Council, the sum of $230,873 be and the same are hereby
transferred from the Various Departments and said sums are NO.189
hereby reappropriated as set forth below: By: Mr. Franczyk
From: TRANSFEROFFUNDS
100 General Fund DEPARTMENTOFPOLICE-EXEMPTITEMS
04-2-001 Division of Acct. 404 Office Supplies $ 9,720 DEPARTMENTOFPOLICE-BONDFUNDS
06-4-022 Division of Parking Enforcement That pursuant to section 42 of tile Charter and the Certificate of
Parking Violations Bureau 572 Legal Services 14,688 the Mayor and the Comptroller submitted to the Common
40-1-013 Division of Engineering Council, the Sums of $271,590 and $17,000 be and the same
Operation of Bridges 452 Gas & Lubricants 288 is hereby transferred from the Department of Police - Exempt
20-1-021 Department of Police Items, and said sum is hereby reappropriated as set forth
Administration & Communications below
110 Salaries - Regular 40,000 From:
81-3-000 Fringe Benefits 151 NYS Police & Fire Retirement 100 General Fund
System 47,100 200 - Department of Police
176 Reserve for Agreement 085-982 - Operating Equipment $271,590
with City unions 26,892 085-960 - Special Structures
and Fixed Equipment $ 17,000
TOTAL General Fund $138,688 To:
41 0 Enterprise Fund -Water 81-8 Interfund Transfers
98-0-015 Distribution Systems 110 Salaries - Reg. 42,185 010 - Transfer to Capital Proj. Fund $288,590
98-0-021 Adm. Serv. 570 Eng. & Tech. Services -50,000 From:
Total Enterprise Fund - Water $92,185 81-8 Interfund Transfers
To: 010 - Transfer to Capital Projects Fund $288,590
100 General Fund To:
01-0-003 Councilmember 3 110 Salaries - Reg. 472 200 Bond Fund
01-0-004 Leg. Comm.Chrmn 110 Salaries - Reg 2,142 200 - Department of Police
01-0-005 Councilmember 5 110 Salaries - Reg 917 501 - MCT/RMS $288,590
01-0-007 Councilmember 7 110 Salaries - Reg 2,142 PASSED AYES- 11 NOES- 0
01-0-008 Minority Leader 110 Salaries - Reg 2,142
01-0-009 Fin. Comm. Chrmn 110 Salaries - Reg 2,142 NO.190
01-0-010 Councilmember 10 110 Salaries - Reg 2,142 By: Mr. Franczyk
01-0-011 Claims Comm. Chrm 110 Salaries - Reg 2,142 TRANSFEROFFUNDS
01-0-012 Majority Leader 110 Salaries - Reg 2,142 VARIOUSDEPARTMENTS
01-0-013 Com. Dev Comm Chrm That pursuant to section 42 of the Charter and the Certificate
110 Salaries - Reg. 2,142 of the Mayor and the Comptroller submitted to the Common
03-0-002 Office of Compl. 110 Salaries - Reg 4,712 Council, the sum of $2,827,716 be and the same are hereby
04-0-001 Comptroller 570 Fin.& Acct Services 2,750 transferred from the Various Departments and said sums are
04-2-085 Division of Accounting hereby reappropriated as set forth below:
Capital Outlay 982 Operating Equip. 6,970 From:
06-1-001 Division of Budget & Management 06-2-001 Division of Administrative Adjud
Admin Serv. 140 Bonus Pay. 1,800 502 Automotive - Engine Service 660
06-1-002 Fin. Control of Agencies 06-4-013 Division of Parking Enforcement
110 Salaries - Reg 1,554 Parking Meters & Enforcement
140 Bonus Pay. 300 112 Temporary Services 11,300
06-4-031 Division of Parking Enforcement 20-1-021 Department of Police
Towing & Storage Administration & Communications
504 Auto. - Other Serv. 5,000 110 Salaries - Regular 100,000
583 Unclassified 9,688 21-0-012 Department of Fire
08-0-001 Department of Law 572 Legal Serv. 32,000 Fire Prevention & Investigation
583 Unclassified 8,000 110 Salaries - Regular 35,000
40-1-021 Division of Engineering 50-4-012 Division of Substance Abuse Services
Admin. Serv. 224 Phone & Telegraph 288 BMHA/HUD Substance Abuse Prg
40-2-021 Division of Buildings 112 Temporary Services 3,000
Adm. Ser. 574 Refuse Disposal 47,100 81-3-000 Fringe Benefits
151 NYS Police & Fire RetirementSystem 909,500
TOTAL General Fund 138,688 176 Reserve for Agreements w/City Unions 1,768,256
410 Enterprise Fund - Water TOTAL $2,827,716
98-0-012 Filtration Plant 110 Salaries - Regular 60,249 To:
114 Overtime Pay 16,111 06-2-085 Div of Administrative Adjud
115 Holiday Pay 1,059 Capital Outlay 982 Operating Equip.Lan Drops 660
132 In Lieu of Summer Hrs 766 08-0-001 Department of Law
98-0-022 Engineering & Inspection of Water 110 Salaries - Regular 2,600
Lines 110 Salaries - Regular 14,000 Corporation Counsel
Total Enterprise Fund - Water $92,185 140 Bonus Payments 8,700
PASSED AYES- 11 NOES- 0 20-1-011 Department of Police
NO.188 Detective Bureau
By Mr. Franczyk 125 Longevity Payments 6,000
TRANSFEROFFUNDS 20-1-012 Department of Police
DEPARTMENTOFPOLICE-BONDFUNDS 110 Salaries - Regular 575,000
That pursuant to section 42 of the Charter and the Certificate Patrol Services
of the Mayor and the Comptroller submitted to the Common 120 Court Time 330,000
Council, the Sum of $193,300.16 and $22,901 be and the 20-1-032 Department of Police
same is hereby transferred from the Department of Police - Fleet Maintenance 121 Acting Time 500
Bond Fund, and said sum is hereby reappropriated as set forth 21-0-011 Department of Fire
below 110 Salaries - Regular 1,153,582
From: Fire Fighting Services
121 Acting Time 37,000
200 Bond Fund 125 Longevity Payments 362,100
200 - Department of Police 128 Duty Disability - Regular 176,000
101-035 - $193,300.16 21-0-013 Department of Fire
101-032 $ 22,901.00 110 Salaries - Regular 102,574
Support Services ADOPTED.
128 Duty Disability 40,000 NO.195
21-0-021 Department of Fire By Mrs. Lockwood
Administrative Services 110 Salaries - Reg. 10,000 PERMISSIONTOHANGBANNERBUFFALOIRISH
21-0-022 Department of Fire CENTER
110 Salaries - Regular 13,000 JUNE5-THROUGHJUNE21
Fire Defense & Training Services Whereas: The Buffalo Irish Center located at 245 Abbott Road
114 Overtime Pay 4,000 is hosting their
50-4-085 Division of Substance Abuse Annual Irish Hooley on Saturday June 21, 1997 and they
982 Operating Equip.Cap. Outlay Copier 3,000 request permission to erect a banner across Abbott Road to
TOTAL $2,827,716 promote and celebrate the annual Hooley; and
Dated: Buffalo, NY, June 23, 1997 Whereas: The Buffalo Irish Center requests permission to
PASSED AYES- 11 NOES- 0 display a banner across Abbott Road at the appropriate site.
The banner will be installed by a private company.
NO.191 Now Therefore Be It Resolved:
By: Mr.. Helfer That the City of Buffalo grant permission to display the banner
APPOINTMENTOFLEGISLATIVEASSISTANTTOalong the City Right - of - Way and work with the Buffalo Irish
COUNCILMEMBERHELFER. Center to ensure the banner is correctly and safely installed.
Be It Resolved: PASSED AYES- 11 NOES- 0
That Michelle Dionne Epps, 133 Minnesota Avenue,
Buffalo, New York 14214, be appointed as Legislative Assistant NO196
to Councilmember Kevin J. Helfer. This appointment shall By: Mrs. Lockwood
become effective June 16,1997. ORDINANCEAMENDMENT
ADOPTED CHAPTER103
NO.192 The Common Council of the City of Buffalo does hereby ordain
By: Ms. Kavanaugh as follows:
APPOINTMENTOFLEGISLATIVEASSISTANT
Now, Therefore, Be It Resolved: That Chapter 103 of the Code of the City of Buffalo be
That William D. Goodman is hereby appointed as Legislative amended to add a new Article V11 that shall read as follows:
Assistant to Councilmember At Large Barbra A. Kavanaugh
effective Monday, June 16, 199T ARTICLE VII
ADOPTED Communication Towers and Antennas
NO.193
By:Ms. Kavanaugh, Mr. Czajka and Mrs. Lockwood Section 103-58 legislative Intent.
PLACEMENTOFGASMETERS
Whereas: During the past few years, National Fuel Gas The intent of this Article is to establish guidelines for
has been installing new gas meters on the outside of its the location of communication towers and antennas to: protect
customers' buildings; and residential areas and land uses by minimizing potential adverse
Whereas: The placement of the meters on tile fronts or impacts of communication towers and antennas, encourage the
sides of the buildings has caused many problems and, given location of communication towers and antennas in
rise to many complaints by business people and homeowners; nonresidential areas, minimize the total number of
and communication towers throughout the City of Buffalo by
Whereas: In 1995 and 1996, this Council addressed the encouraging co-location on any new or existing communication
concerns of Buffalo citizens regarding the placement of new towers; encourage the location of communication towers and
gas meters; and antennas in areas where any adverse impact on the community
Whereas: Complaints are still being-, made by National is minimal; encourage the construction and us-, of
Fuel customers about the meter placement; communication towers and antennas in a way that minimizes
Now, Therefore, Be It Resolved: the adverse visual impact of the communication towers and
That representatives of National Fuel Gas appear before this antennas through careful design, siting, and landscape
Common Council to answer questions regarding the continued screening; enhance the ability of the providers of
complaints being received about the installation of new gas telecommunications services to provide such services to the
meters. community in a quick, effective and efficient manner; protect
REFERRED TO THE COMMITTEE ON LEGISLATION AND the public health and safety by ensuring that communication
NATIONAL FUEL towers and antennas are constructed and located in a safe
NO.194 manner.
By:Ms. Kavanaugh and Mrs. Lockwood Section 103-59 Definitions
SCHOOLTAX&AID The definitions applicable to this Article are
Whereas: The students from South Park High School's contained in Article XXVII of Buffalo Code Chapter 511 in
Advanced Economics and Government class made a addition to the general definitions applicable to the Code of the
presentation to this Council's Education Committee concerning City of Buffalo.
Governor Pataki's School Tax Relief program (STAR); and Section 103-60 Permit required for Communication -,and
Whereas: The New York State Assembly has its own proposal Antennas Application.
for school aid reform called LADDER (Learning, Achieving and A. General All newly constructed, relocated, rebuilt or
Developing by Distributing Educational Resources); and extended communication towers and antennas shall comply
Whereas: The Buffalo City School District faces a large budget with the provisions of this Article, No person shall construct,
deficit and harmful cuts to programs in its coming fiscal year if maintain or operate a communication tower or antenna without
it does not receive more aid from the State this year than it complying with the provisions of this Article.
received last year; and B. Application for a Building Permit for
Whereas: The City has passed a budget increasing the CL)COMMUNICATION Towers and Antennas
amount of property tax revenue It will pay to the School District All persons seeking to construct, locate, rebuild,
in 1997-98, and the City has pledged to turn over to the District relocate or extend a communication tower and antenna in the
a portion of any additional aid the City might receive from the City of Buffalo shall make written application to the
State; Commissioner of the Department of Community Development
Now, Therefore, Be It Resolved: for a building permit. The application shall include the following
That this Common Council encourages the New York State information and items:
Assembly, Senate and Governor to pass a budget that 1) 1) An inventory of its existing communication
increases the amount of state aid devoted to education, as towers and antennas and sites approved for communication
proposed in both the STAR and LADDER plans, especially aid towers and antennas that are within the jurisdiction of the City
for urban school districts including the Buffalo City Schools, of Buffalo and within one mile of the border thereof including
and 2) that increases the amount of aid given to the City of detailed information-nation about the location, height and
Buffalo so that the City can increase its support of the design of each communication tower and antenna.
education of Buffalo's children; and 2) A detailed site plan for the proposed
Be It Further Resolved: communication tower or antenna showing, at a minimum, the
That the City Clerk send certified copies of this Resolution to exact location of the proposed communication tower or antenna
the Clerk of the State Assembly, the Secretary of the State together with guy wires and anchors if applicable the maximum
Senate, the Governor and all the members of the Western New Height of the proposed communication tower-
York Delegation of the New York State Legislature. a description of the communication tower type, such as,
monopole, lattice, guyed, or other type; the color of the co-locate has a similar policy for co-location for the applicant.
communication towers and antenna; the location, type and 14) Any other information as may be
intensity of any proposed lighting on the communication tower reasonably requested by the Commissioner of the Department
or antenna, a property survey identifying the property of Community Development.
boundaries of the proposed location; proof of the landowner's Section 103-61 Referral to the City Planning Board or other
consent if the applicant will not own the property, together with appropriate City Agencies
any lease agreement between the applicant and the landowner; The Commissioner of the Department of Community
the location of all structures on the property and all structures Development shall refer the application to the City Planning
on any adjacent property within one hundred (100) feet of the board. The City Planning Board is hereby authorized to make
property hires together with the distance of these structures to recommendations to the Commissioner of the Department of
the communication tower or antenna; the names of adjacent Community Development to fulfill the intent and purpose of this
landowners; the location, nature and extent of proposed Article and the Commissioner may include such
fencing, landscaping and screening; the location and nature of recommendations as conditions to any permit issued under this
proposed utility easements and access roads if applicable; and Article. The Commissioner may also refer the application to
building elevations of accessory structures or immediately other appropriate agencies, including but not limited to, the
adjacent buildings. Department of Public Works and the Zoning Board of Appeals.
3) A description of the backhaul network Section 103-62 General Standards for communication
identifying the entity providing service to the telecommunication Towers and Antennas
tower and antenna and describing the location of the lines A) All communication towers and antennas shall be
providing such service. Such description shall include constructed in accordance with all applicable laws, rules and
information sufficient for the Commissioner of Community regulations and maintained in good order and repair.
Development to determine whether any portion of the backhaul B) All communication towers and antennas must
network is within City right-of-way and describing where the comply with the provisions of Buffalo Code Chapter 511 article
lines providing vice to the telecommunication tower or antenna XXIX
cross City right-of-way. C.) The applicant must comply with all applicable State
4) Sufficient proof that the applicant is a and Federal regulations including but not limited to FAA and
licensed FCC telecommunications provider or has in place FCC regulations.
agreements with an FCC licensed telecommunications provider D) During the application process and every three years
for use or lease of the communication towers or antenna. after construction or placement of a communication tower or
5) 'A safety analysis of the electromagnetic antenna the applicant/owner shall provide a certification from a
environment surrounding the proposed communication tower or qualified Professional Engineer registered in the State of New
antenna location demonstrating that the electromagnetic York certifying that the communication tower or antenna meets
radiation exposure and emissions do not exceed applicable applicable structural safety standards.
Federal standards. Such analysis shall be prepared by a E) The applicant shall agree to remove the
qualified electromagnetic engineering specialist or health communication tower or antenna if it becomes technically
professional qualified to conduct such an analysis. obsolete or ceases to be used for its intended purpose for six
6) A completed Environment Assessment (6) consecutive months. The Commissioner of the Department
Form. of Community Development shall require the applicant to
7) The appropriate fee as established by the provide a demolition bond, in a form approved by the Law
Common Council. (See, Buffalo Code Chapter 175, fees). Department, in an amount of at least twice the cost of removing
the tower. The cost of the removal of the tower shall be
8) Evidence to demonstrate that the certified by a New York State licensed professional engineer.
proposed location of the communication tower or antenna is In no event shall the amount of the bond be less than the cost
necessary to provide telecommunication services. Such of removal in the event that the applicant fails to remove the
evidence shall include a search ring prepared by a qualified communication tower or antenna. The sufficiency of the bond
Radio Frequency Engineer and approved by a Professional shall be confirmed at least every five (5) years by an analysis
Engineer registered in the State of New York which depicts a conducted by a New York State licensed professional engineer.
map demonstrating the area within which the communication If the bond amount in force is insufficient to cover the cost of
tower or antenna needs to be located in order to provide proper demolition and removal, it shall be immediately increased to
signal strength and coverage. Such evidence shall also include cover such amount.
propagation studies prepared by a qualified Radio Frequency F) Prior to obtaining a building permit under this Article,
Engineer and approved by a Professional Engineer registered the applicant shall certify that all franchises and licenses
in the State of New York demonstrating existing signal required by any governmental entity including the City of
coverage contrasted with the proposed signal coverage Buffalo have been obtained and shall file a copy of all required
resulting from the proposed communication towers or antenna. franchises and licenses with the Commissioner of the
9) In the event that the applicant is seeking Department of Community Development.
approval for an antenna to be mounted or attached on an G) Upon request of the Commissioner or his designee,
existing communication tower, building or structure, the but not more frequently that once a year, any person issued a
applicant shall provide a structural analysis verifying the ability permit under this Article shall submit an updated safety
of the communication tower, building or structure to handle the analysis to ensure that the electromagnetic radiation exposure
antenna. and emissions surrounding the site do not exceed applicable
10) Evidence to demonstrate that the height Federal standards and continue to meet such standards. Such
requested for the proposed communication towers or antenna analysis shall be prepared by a qualified electromagnetic
is the minimum height necessary. engineering specialist or health professional qualified to
11) Evidence to demonstrate the applicant's conduct such an analysis.
reasons for selecting the proposed location and the availability Section 103-63 Decision on Application by the
or lack of availability of a suitable structure within the Commissioner
applicant's search ring of the City which would have allowed for A) The Commissioner shall respond to an application
a co-located antenna or mounting on an existing structure. The filed tinder this Article within ninety
applicant shall provide information showing that it has made a (90) days after receiving it by either approving the
good faith and diligent effort to co-locate on existing towers or application and granting a building permit or denying the
other available and appropriate structures and/or to construct application. The ninety (90) day period may be extended by the
new communication towers and antennas near existing Commissioner upon good cause.
communication towers and antennas in an effort to consolidate B) The Commissioner shall base his decision on the
by, among other things, submitting correspondence which has following criteria.
been presented by the applicant to other telecommunication 1) That the applicant has complied with the
providers requesting co-location, requirements of turns Article.
12) In the event that the proposed location is 2) That a review under the State
in a historic district designated under Buffalo Code 337, that Environmental Quality Review Act has been conducted.
applicant shall submit proof that a certificate of appropriateness 3) That the proposed location meets fire
has been obtained. zoning requirements contained in Buffalo Code Chapter 511
13) The applicant must submit a copy of its Article XXIX
policy regarding co-location on any proposed communication 4.) That all necessary referrals and approvals
tower or antenna with other potential future applicants. Such have been performed and obtained.
policy should at a minimum allow co-location in the event that C. Denial of Application
the new communication tower or antenna does not exceed Any denial of an application by the Commissioner shall be
structural loading requirements and that the party desiring to made in writing and contained
in a written record specifying the reasons for the denial. B. Communication towers or antennas that are
Section 103-64 City owned locations proposed to be mounted or attached on existing communication
In addition to complying with the requirements of this towers, buildings or structures shall be permitted in any R
Article, any applicant desiring to construct, operate or maintain District as an accessory use provided that the height of the new
it communication towers and antenna on a City owned location communication tower or antenna shall not exceed 10 feet above
shall enter into a lease for the property subject to terms and the highest point of the existing communication towers,
conditions as may be negotiated. buildings or structures and that the number of total
Section 103-65 - Severability- communication towers or antennas located on any single
If any clause, sentence, paragraph or part of this structure is not excessive, does not adversely affect adjacent
local law or application thereof to any person or circumstance properties and does not dominate in area, extent or purpose,
shall be adjudged by any court to be invalid, such judgment the principal lawful use or building.
shall not affect, impair or invalidate the remainder thereof or the
application thereof to other persons and circumstances but C. Communication towers or antennas that are
shall be confined in its operation to the clause, sentence, proposed to be mounted or attached on existing communication
paragraph or part thereof and the persons and circumstances towers, buildings or structures shall be permitted in any C, M,
directly involved in the controversy in which such judgment CM, DO, RR, 11, TD District provided that the height of the
shall have been rendered. new communication tower or antenna shall not exceed 10 feet
REFERRED TO THE COMMITTEE ON LEGISLATION AND above the highest point of the existing communication towers,
THE CORPORATION COUNSEL buildings or structures.
NO197
By: Ms. Lockwood
D. Communication towers or antennas that are
proposed to be mounted or attached on existing
communication towers, buildings or structures shall be
permitted in any SD District provided they are approved
RE:ORDINANCEAMENDMENT
individually by the Common Council under Buffalo Code
Chapter 511 - Zoning
Section 511-55. In addition to the factors contained in
Buffalo Code Section 511-55, the Common Council may
The Common Council of the City of Buffalo does
consider other factors consistent with the legislative intent of
hereby ordain as follows:
this Article as contained in Buffalo Code Chapter 103, Article
VII, Section 103-58. The Common Council may impose
That Chapter 511 of the Code of the City of Buffalo
reasonable restrictions on any applicant as may be
be amended to add a new Article XXIX that shall read as
necessary to fulfill the legislative intent of this Article. Any
follows:
denial of an application by the Common Council shall be
made in writing and contained in a written record specifying
ARTICLE XXIX
the reasons for the denial.
Communication Towers and Antennas
E. Communication towers that are proposed to be
Section 511-156 Legislative Intent.
constructed shall be permitted in any C or M District provided
that a 100 % Clear Zone as defined in Section 511-157 is
The intent of this Article is stated in Buffalo Code
maintained and that the proposed location for the
Chapter 103, Article VII, Section 10358.
communications tower is not within One Hundred (100) feet
of any residentially zoned property. Newly constructed
Section 511-157 Definitions.
communication tower or antenna are prohibited in any district
other than a C or M District.
The following definitions shall apply to this Article in
addition to the definitions contained in Buffalo Code Section
Section 511-159 - Standards for Communication Towers and
511-4.
Antennas.
ANTENNA - Any device or exterior apparatus
The following standards apply to all
mounted on a tower, building, utility pole, light pole or other
communication towers, antennas and accessory
structure designed for telephonic, radio, data, Internet or
communication structures regulated by this Article.
television communications to transmit or receive
communications signals or electromagnetic waves for the
A. Communication towers shall be designed to provide
purpose of providing cellular services, telecommunication
for co-location by additional providers, or designed so that
services, personal communications services, personal wireless
they can be retrofitted to accommodate additional providers.
services, wireless cable, commercial paging, data, or wireless
services and its attendant base station.
B. AD communication towers and guy wires and
anchors, if applicable shall be enclosed by a fence of not less
ACCESSORY COMMUNICATION STRUCTURE -
than eight (8) feet in height or otherwise sufficiently protected
Any accessory facility, structure or building serving or being
from trespassing or vandalism.
used in conjunction with a communication tower or antenna.
Examples of such structures include utility or transmission
C. Communication towers shall either be gray in color,
equipment storage sheds or cabinets.
have a galvanized steel finish or be painted so as to reduce
visual obtrusiveness, unless otherwise required by the
COMMUNICATION TOWER - Any structure that is
Federal Aviation Administration ("FAA").
designed and constructed for the purpose of supporting one or
more antennas intended for transmitting or receiving television,
D. Communication towers shall not be artificially lighted
am/fm radio, digital, microwave, cellular, telephone or similar
unless required by the FAA or other applicable authority. If
forms of electronic communication, including without limit,
lighting is required, the lighting alternatives and design
freestanding towers, guyed towers, lattice towers, monopole
chosen shall to the fullest extent possible cause the least
towers, selfsupporting towers and similar structures. The term
disturbance to the surrounding areas.
includes the structure and any support elements such as guy
wires.
E. No signs or advertising materials of any nature shall
be allowed on any communication tower or antenna.
100% CLEAR ZONE - The requirement that in the
event of a tower failure, the entire height of the tower would fall
F. Unless otherwise provided, communication towers,
completely within the boundaries of the property on which it is
antennas and accessory communication structures shall
located.
comply with all existing setback requirements within any
zoning district.
Section 511-158 - Location of Communication Towers and
Antennas.
G. All accessory communication structures shall be
designed, sited and screened to minimize its visibility from
A. Newly constructed, relocated, rebuilt or extended
surrounding public streets or neighborhoods using suitable
freestanding communication towers are prohibited in any R
materials, colors, textures, screening and landscaping.
District.
H. Communication towers and antennas that are balance of the item is referred to the Committee on Legislation
proposed to be mounted or attached on existing and the Corporation Counsel.
communication towers, buildings or structures shall be
designed so as to make the equipment as visually NO200
unobtrusive as possible and to the full extent possible shall By: Mrs. LoTempio
be harmonious with the architectural fabric of the supporting MR.QUINTANAEXCUSEDFROMJUNE24,1997
structure and the surrounding area. COUNCILMEETING
Now, Therefore, Be It Resolved:
Section 511-160 - Variances. That Councilmember Robert Quintana be excused from
In the event that the requirements of this Article attendance at the stated Common Council meeting of June 24,
cannot be met, any aggrieved party may file for a variance 1997 due to absence from the city.
pursuant to the procedures contained in Article XXIV of this ADOPTED
Chapter. O201
By: Mrs. LoTempio
Section 511-161 - Severability HOMERULEMESSAGES.5297;A.7646REOPEN
OPTIONALTWENTYYEARRETIREMENTPLANTO
If any clause, sentence, paragraph or part of this THOMASW.SCHULTZ
local law or application thereof to any person or circumstance Whereas: There has been introduced in the New York State
shall be adjudged by any court to be invalid, such judgment Legislature Senate Bill S. 5297 and Assembly Bill A. 7646, "An
shall not affect, impair or invalidate the remainder thereof or Act to permit the reopening of the optional twenty year
the application thereof to other persons and circumstances retirement plan to Thomas W. Schultz"; and
but shall be confined in its operation to the clause, sentence, Whereas: The purpose of this Bill is to allow Buffalo Firefighter
paragraph or part thereof and the persons and Thomas W. Schultz to be eligible to participate in section 384-d
circumstances directly involved in the controversy in which of the Retirement and Social Security Law, a benefit previously
such judgment shall have been rendered. available to other firefighters employed by the City; and
APPROVED AS TO FORM
Whereas: This Act is new legislation; and
Whereas: For reasons not of his own negligence, Mr. Schultz
Micahel Risman
failed to make a timely application to participate in such
Corporation Counsel
retirement plan;
Now, therefore, be it resolved:
REFERRED TO THE COMMITTEE ON LEGISLATION AND
That the City of Buffalo hereby requests the enactment into law
THE CORPORATION COUNSEL -
of Senate Bill S. 5297 and Assembly Bill A. 7646, "An act to
permit the reopening of the optional twenty year retirement plan
NO198
to Thomas W. Schultz"; and
Now, Therefore, Be It Resolved:
Be it further resolved:
That Milly Castro is Hereby appointed legislative Assistant to
That the City Clerk is hereby authorized and directed to certify
the Common Council effective Monday, June 16, 1997.
passage of this resolution and to send copies thereof to the
ADOPTED
Home Rule Counsel of the Senate and the Assembly and to the
members of the Western New York Delegation of the State
NO199
Legislature.
By: Mrs. LoTempio
ADOPTED
ESTABLISHTASKFORCEONTAXEXEMPTIONS
FORPROPERTIES
Whereas: Properties owned by certain not-for-profit
NO202
organizations, churches, hospitals, and other public benefit
By: Mr. Pitts
organizations are, by law, exempt from paying real property
RE: EXCUSECOUNCILMEMBERWILLIAMS
taxes. Other properties may enjoy partial exemptions under the
Whereas: Councilmember Barbara Miller-Williams will be out
law; and
of town during the June 24, 1997 Council meeting; and
Whereas: In the City of Buffalo, it is estimated that over
Whereas: Mrs. Williams is fulfilling her U.S. Army Reserve
2,000 non-homestead properties are classified as tax-exempt in
obligation.
some way, with an estimated total valuation exceeding $3
Now Therefore Be It Resolved That:
Billion. The potential revenue that could be generated if these
The Common Council approves the excusal of
properties were fully taxable exceeds $1 00 Million; and
Councilmember Williams from attendance at the June
Whereas: Recent reports indicate that the provisions for tax
24, 1997 Common Council Meeting.
exemption may not be all encompassing, and that the property
ADOPTED
owner may incur a partial liability for the parcel. For example,
NO203
Medaille College recently acquired houses that will be used to
By: Mr. Pitts
house students. The houses, even though they will be
URBANCHRISTIANMINISTRIES
possessed by an exempt entity, will remain taxable until the
Whereas: Urban Christian Ministries, 967 Jefferson Ave., is
next year's tax roll is established, at which time the exemption
planning a series of summer events to raise funds for blockclub
begins; and
basketball and to gain support against youth violence; and
Whereas: Buffalo is not unique in facing the problems
Whereas: In order to hold these events, proper city permits
associated with having a disproportionate number of tax-
must be obtained to close streets, licensee vendors, and
exempt properties within its corporate boundaries.
provide traffic control for a parade; and
Communities throughout the state and country must also deal
Whereas: Urban Christian Ministries has respectfully
with providing services, at an ever increasing cost, while relying
requested that their not-for-profit organization be granted a
on a decreasing tax base; and
waiver of fees for these permits;
Whereas: Exploring any and all options related to tax
Now, Therefore, Be It Resolved:
exemptions is vital to the future survival of municipalities
That this Common Council waive the above mentioned fees for
throughout this nation;
all events planned by Urban Christian Ministries between
Now, Therefore, Be It Resolved:
Saturday June 28, 1997 and August 30, 1997, and that all
That the Corporation Counsel file a report with this Council
other aspects of these events be subject to regulations as set
detailing the legal requirements for a property to be eligible for
forth by normal city policy and/or the Special Events Advisory
any type of a tax exemption, and include in this report any
Committee.
special circumstances or exclusions which may have an impact
PASSED
on the property classification; and
AYES: 11 NOES 0
Be it Further Resolved:
That a Task Force, comprised of members of the Common
NO204
Council, State Legislature, Masiello Administration, Corporation
By Mr. Pitts
Counsel, and City and State Comptrollers be created to
RE: REQUESTREINSTATEDFUNDINGFORTHEERIE-
address the issue of Tax Exemptions for properties and explore
NIAGARAREGIONALPLANNINGBOARD
potential changes in the policies and laws governing tax
exemptions; and
Whereas: Western New York has been plagued by a
Be it Finally Resolved:
lack of regional planning, which has resulted in sprawl,
That the City Clerk forward certified copies of this Resolution to
unproductive competition between local towns and cities, poor
members of the Western New York Delegation to the New York
regional planning decisions, and the lack of a coherent regional
State Legislature and to State Comptroller H. Carl McCall.
focus; and
Mrs. LoTempio moved to adopt the last two resolves and the
Whereas: While state law currently ensures that Whereas: The former Bon Ton Department Store on Main St.,
power over zoning and development issues remains with local better known as the AM&A's building, was closed about two
jurisdictions, an active regional planning body could be an years ago; and
important tool in molding consensus on regional development
issues; and Whereas: The building is now in the hands of a private owner
who hopes to redevelop the structure for retail and other uses;
Whereas: The Erie-Niagara Regional Planning and
Board was active in the 1970's and '80's and is still technically
in existence, however Erie County has chosen not to fund the Whereas: Throughout the country, former large department
Board in recent years; and stores in urban areas are being converted into "vertical malls,"
which utilizes the retailing approach used by suburban
Whereas: The recent conference on regionalism in shopping malls to redevelop large former department stores;
Chautauqua showcased several areas such as Minneapolis-St. and
Paul, Portland, and Chattanooga that have benefited
enormously from wise regional planning; and Whereas: One of the most noted examples of this concept is
Water Tower Place in Chicago, a 7-story building that houses
Whereas: At the same time, devastating statistics stores, restaurants and office space; and
were presented that detailed the toll sprawl is taking on Buffalo Whereas: Creating such a convenient and comprehensive
and its inner ring suburbs such as Cheektowaga; and shopping environment at the AM&A's site would be a boon for
Buffalo's central business district and an excellent adaptive
Whereas: At Chautauqua it was made clear that, in reuse for this downtown landmark, as well as fitting with the
the absence of population growth, sprawl destroys real estate owner's intended reuse of the building; and
values in the regional core, while chewing up the countryside Whereas The future redevelopment of the AM&A's building is
:
and forcing higher taxes to pay for expanding roads, sewer
key to any revitalization of Buffalo's downtown, and the City
systems, schools and other infrastructure; and
should play an active role in ensuring its future use;
Now, Therefore Be It Resolved:
Whereas: In addition to managing sprawl, regional
That the Department of Community Development be requested
planning could help this area use its resources efficiently while
to prepare a redevelopment plan for the former AM&A's
shaping a vision for the future of the region; and
building on Main St.
REFERRED TO THE COMMITTEE ON COMMUNITY
Whereas: In the emerging global economy, urban
DEVELOPMENT AND THE COMMISSIONER OF
regions are becoming significant economic players, competing
COMMUNITY DEVELOPMENT
against each other for jobs and development, and it is important
that the Erie-Niagara region begins to forge a clear identity and
NO207
carve out appropriate niches for itself in the world economy;
By: Mr. Pitts and Ms. Gray
REGULATIONOFTAXICABPARTITIONSAND
Now, Therefore, Be It Resolved That:
DISTRESSLIGHTS
This Common Council requests the County Executive and the
Whereas: The Legislature of the State of New York has
County Legislature to reinstate funding for the Erie-Niagara
introduced and enacted Senate Bill 9 S. 1387-A and Assembly
Regional Planning Board and to give it strong support in
Bill # A. 2130-A, which amends Subdivision 50 of Section 375
helping to cohere our region into one that can be globally
of the Vehicle and Traffic Law; and
competitive.
Whereas: Such amendment gives the City of Buffalo the power
ADOPTED
to elect whether it shall be subject to the current provisions of
Subdivision 50 of Section 375 of the Vehicle and Traffic Law,
NO205
which makes it mandatory for taxicabs to be equipped with
By: Mr. Pitts
shatterproof partitions and visibly mounted distress lights; and
RE:FACT-FINDINGHEARINGONADELPHIA
Whereas: The City of Buffalo has previously sent a Home Rule
COMMUNICATIONS
Message to the State Legislature in support of such legislation
Whereas: Tele-Communications Inc. and Adelphia
(Item No. 188, C.C.P., April 1, 1997) because the City wants to
Communications Corp. have reportedly signed a letter of intent
determine for itself how to best regulate taxicabs operating in
to establish a partnership which will create a system serving
this community; and
465,000 cable TV subscribers; and
Whereas: The City now wants to formally "opt out" of the
Whereas: This new system would encompass
provisions of the Vehicle and Traffic Law relating to the
most of Western New York as well as parts of Pennsylvania
regulation of taxicab partitions and distress lights and provide
and Ohio; and
such regulation in the City's ordinances; and
Whereas: The present TCI Buffalo franchise
Whereas: The decision on whether to require mandatory
would be included in this new system, would be managed by
partitions and distress lights will be made if and when the
Adelphia while TCI would hold a minority interest; and
Common Council finds it to be appropriate and necessary.
Whereas: According to the terms of the franchise
Now Therefore Be It Resolved:
agreement between the City of Buffalo and TCI of New York,
That the Common Council of the City of Buffalo does hereby
any such deal would have to be approved by the City before if
elect not to be subject to the requirements of Subdivision 50 of
could take effect; and
Section 375 of the Vehicle and Traffic Law; and
Whereas: It is important for the City of Buffalo to
Be It Further Resolved:
learn more about Adelphia Communications and its cable
That the City Clerk is hereby authorized and directed to certify
system in order to determine what impact this proposed
passage of this resolution and to forward certified copies
partnership might have on cable subscribers in Buffalo; and
thereof to the Secretary of the State Senate, the Clerk of the
Whereas: It is also important for cities, towns and
State Assembly and to the members of the Western New York
villages currently being served by Adelphia to develop an
Delegation of the New York State Legislature
understanding about this proposed deal, and how it will impact
PASSED
their communities;
AYES BROWN,COPPOLA, CZAJKA, FRANCZYK, GRAY,
Therefore Be It Resolved:
LOCKWOOD, LOTEMPIO, PITTS, ZUCHLEWSKI-9
That this Common Council requests that the City of
NOES:HELFER, KAVANAUGH-2
Tonawanda, as an area presently served by Adelphia, join with
NO.208
the City of Buffalo in holding a fact-finding hearing to assess
By: Mr. Quintana
the quality of service provided by Adelphia Communications
ORDINANCEAMENDMENT
Corp.; and
CHAPTER511-ZONING,USEPERMITREQUIREMENT
Be It Further Resolved:
The Common Council of the City of Buffalo does hereby ordain
That the City Clerk be directed to forward certified copies of
as follows:
this resolution to the Mayor of the City of Tonawanda, Adelphia
That Section 511-136 of Article XXVII of Chapter 511 of the
Communications Corp., TCI of New York, and the New York
Code of the City of Buffalo be amended to read as follows:
State Public Service Commission.
§ 511-136 Use Permit required for Human Service Facilities.
ADOPTED
1. Effective Date and Expiration. This
Article shall take effect on July 1, 1995 and shall expire on [July
NO206
1, 19971 July 1, 1998.
By: Mr. Pitts
It is hereby certified, pursuant to Section 34 of the
RE:REDEVELOPMENTPLANFORAM&A'S
Charter, that the immediate passage of the foregoing ordinance
BUILDING
is necessary.
APPROVED AS TO FORM additional financial resources such as housing credit equity as
Michael Risman well as resources for an array of initiatives supporting the
Corporation Counsel expanding program interests of local community development
PASSED corporations; and,
AYES - 11 NOES - 0 Whereas: in 1995 LISC was invited to the City of Buffalo to
NO.209 explore how it might be able to assist corporate, civic and
By: Ms.-Williams public sector leadership nurture the growth and development of
REQUESTELLICOTTDISTRICTSTREETa local community development industry; and,
SWEEPING/VACANTLOTSCUT: Whereas: LISC undertook a formal assessment process
Whereas Street sweeping and cutting vacant lots are based upon a series of local site visits interviewing over 50
:
different leaders including top executives of local corporations,
among the services provided by the City of Buffalo Department
executive directors of nonprofit institutions, key city officials and
of Streets and Sanitation; and
members of the local philanthropic community; and,
Whereas: Every Spring and Summer residents living in the
Whereas: as a result of the assessment LISC has
Ellicott District express the need to have their streets cleaned
determined that a core foundation exists within the City of
and the vacant lots cut; and
Buffalo to build a successful LISC program; and,
Whereas: Street sweepers not only remove debris and
Whereas: the City of Buffalo is working together with the
trash from the streets but remove grass and weeds growing
private sector to raise $1 million of local private matching funds
along the curb side; and
to initialize the capitalization of the loan pool; and,
Whereas: The Department of Streets Sanitation has in
Whereas: no public funds are required, or will be
previous years cut and cleaned hundreds of over-grown vacant
contributed to the matching fund
lots across the city, and the abundance of rain Buffalo received
Now Therefore Be it Resolved:
this year has substantially contributed to the increased growth
that the Buffalo Common Council endorse the engagement of
of these lots; and
LISC as a catalyst for neighborhood-based community
Whereas: Dirty streets and unkempt lots attract rodents,
development activities; and
encourage dumping and are a detriment to the comfort, health
Be it further resolved:
and welfare of the community; and
that the Buffalo Common Council urge local private
Now, Therefore, Be It Resolved:
corporations and foundations to financially support the LISC
That this Common Council is requesting the Department of
matching fund by infusing local capital to rejuvenate and
Street Sanitation to immediately initiate a Program to sweep all
revitalize the City's housing and economic development
major and side streets in the Ellicott District and immediately
industry.
begin to clean and cut the many vacant lots located in this
ADOPTED
District; and
NO212
Be it Further Resolved
by Mr. Zuchlewski
That the Commissioner of the Department of Streets Sanitation
(SUBURUBUFFALO4MILECHASE)
submit a detailed Report of it's street cleaning and vacant lot
Whereas: the organizers of the 17th Suburu Buffalo 4 Mile
efforts in the Ellicott District occurring from May 30, 1996 until
Chase have requested permission to conduct this annual race
June 15, 1997; and
on Saturday, July 19th, and
Be It Finally Resolved
Whereas: in the past, there have been problems with
That the Commissioner of the Department of Streets Sanitation
various individuals and/or vendors setting up and selling
develop and submit to this Honorable Body a street sweeping
inappropriate wares, and
and vacant lot cleaning plan, detailing when and where these
Whereas: through the sale of inappropriate wares,
efforts will occur, effective June 16, 1997 thorough October 30,
neighborhood merchants suffer adversely from this
1997.
competition, and
REFERRED TO THE COMMITTEE ON LEGISLATION AND
Whereas: neighborhood merchants would not be expected
THE COMMISSIONER OF STREET SANITATION
to have a permit and would be allowed to sell their goods as
NO210
they normally would on a daily basis, and
By Mrs. Williams
Now, Therefore, Be it Resolved:
WAIVEPERMITFEESFORBUFFALOBEAT'S"SUMMER
that the area bounded by Forest to St. James and Richmond to
INTHECITY"
Delaware be a designated area in which neighborhood
Whereas: Buffalo Beat in conjunction with the W. Chippewa
merchants are allowed, as always, to sell their wares and that
Business District will host the largest Street Party since the
illegal vendors be prohibited from soliciting during this event.
Pan American Exposition to fundraise money for the Make A
PASSED, AYES - 11 NOES - 0.
Wish Foundation of WNY Charity; and
Whereas: Chippewa Street from Pearl to Delaware
NO213
Avenue and Franklin Street from W. Huron to W. Tupper will
by Mr. Zuchlewski
be closed to traffic; and
(SUBURUBUFFALO4MILECHASE)
Whereas: These type of efforts should be encouraged,
Whereas: Organizers of Suburu Buffalo 4 mile chase will
particularly at a time in Buffalo's History when the City is
be sponsoring this race which will be held on Saturday, July
struggling to maintain the Downtown District alive; and
19th, and
Now, Therefore, Be It Resolved:
Whereas: This year marks the 17th annual run, and
That all City Departments including but not limited to the
Whereas: To publicize the event, the Race Director has
Departments of Community Development, Public Works, and
requested permission to display a banner across Elmwood
Police, waive all permit fees for the Summer in the City to be
Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue,
held on June 29, July 27, and August 24 from 4-9 pm.
and
REFERRED TO THE COMMITTEE ON FINANCE AND
Whereas: The period in which this banner would be on
CORPORATION COUNSEL
display would be from June 30th through July 21, 1997, and
Now, Therefore, Be it Resolved:
NO211
: That the sponsors of the Suburu Buffalo 4 Mile Chase be
By Dale Zuchlewski
granted permission to hang a banner on Elmwood Avenue from
SUPPORTL.I.S.C.
June 30th through July 21, 1997.
Whereas: the Local Support Initiatives Corporation (LISC)
PASSED, AYES - 11 NOES - 0
is the nation's largest nonprofit community development
support corporation with 37 local programs in over I 00 cities
NO214
and urban counties across the country; and,
By: Mr. Zuchlewski
Whereas: LISC was established by the Ford Foundation
REFUNDDEPOSIT
and six corporations in 1979 to support grassroots community
(29MILITARYROAD)
building by mobilizing partnerships to help local people rebuild
Whereas: On October 7, 1996, the City of Buffalo held our
deteriorated neighborhoods and rural areas across America;
annual Foreclosure Sale, and
and,
Whereas: At that time, the aforementioned property was
Whereas: LISC is organized as a series of geographically
sold to Mr. George Kotrosan with a bidding price of $700.00,
targeted programs, or "Areas of Concentration." To support
and
these programs, funds are raised in each area from local
Whereas: Mr. Kotrosan is also the owner of 282 Amherst
corporations and foundations. These funds are, in turn,
& 86 Bush Streets of which he is behind in his property tax
matched by National LISC and used as investments in
payments, and
individual development projects and,
Whereas: Mr. Kotrosan was not aware that at the time of
Whereas: in addition to matching locally raised funds,
purchase one cannot be behind in their property taxes, water or
National LISC provides training, technical oversight and
user fees when purchasing additional property through our Commissioner of Deeds for the term ending December 31,
Foreclosure Sale, and 1996, conditional upon the person so appointed certifying,
Whereas: Shortly after the sale, Mr. Kotrosan learned that under oath, to their qualifications and filing same with the City
he would not be given the title to 29 Military Road because of Clerk:
his delinquent taxes so therefore, he requested a refund which Paul Kozlowski
he was refused, and Judith C. Lips
Whereas: Mr. Kotrosan is not allowed to purchase this Barbara McAlister
property and would like to have the $700.00 applied to his back Willie Brown
property taxes which he claims he will then be able to pay the Ronald Gospodarski
remaining balance, and Robert A. Koch
Now, Therefore, Be it Resolved: Marc Flyn
That the Common Council direct the Division of Treasury to John J. Dray
apply Mr. Kotrosan's $700.00 payment to the back property Dennis Clark
taxes that he owes, and Diana Johnstone
Resolved, Anna M. Rundle
That certified copies of this resolution be sent to Marilyn Smith Craig D. Hannah
Director of Treasury, Bruna Michaux, Tax Office and Ilo Noble, Francis A. Belliotti
Law Department. Kathleen S. Kumro
REFERRED TO THE COMMITTEE ON FINANCE AND THE Brian Kelley
CORPORATION COUNSEL AND THE COMMISSIONER OF Kevin J. Helfer
ADMINISTRATION & FINANCE Robert Meldrum
ADOPTED.
NO215 NO218
By: Mr. Zuchlewski and Ms. Kavanaugh By: Mr. Zuchlewski
SUPPORTADOPT-ASHOREPROGRAM APPOINTMENTS
Whereas: The West Seneca AmeriCorps program, which COMMISSIONEROFDEEDS
receives funding from the Federal, State, and Town That the following persons are hereby appointed as
Governments as well as from outside grant sources, provides a Commissioner of Deeds for the term ending December
variety of services to communities throughout Western New 31,1998 , conditional upon the person so appointed certifying
York; and under oath to their qualifications and filling same with the City
Whereas: The Programs of West Seneca AmeriCorps Clerk:
focus on Youth Violence Prevention, the Environment, and Annemarie Franczyk
Meeting the Challenge, a 'catch-all' for general programs not Philip A. Lowrey
specific to violence or the environment; and Timothy C. O'Rourke
Whereas: In the past, West Seneca AmeriCorps has Amy L. Nicholas
sponsored the First Annual Spring Beach Sweep which Sandra D. Waugaman -Beck
cleaned up Gallagher Beach in Buffalo and has worked with the Donna J. Waugaman
City's Recycling Program. Additionally, AmeriCorps this year Darnel Jackson,Sr.
will sponsor clean up programs at LaSalle and Broderick Parks; Patricia Walkowiak
and Jeffrey A. Steffan
Whereas: West Seneca AmeriCorps has proposed an David L. Penna
"Adopt-a Shore" program for the City of Buffalo to expand their Diane M. Hershelman
environmental services. Included in the program would be William C. Cannon
identifying shorelines for adoption, recruiting volunteer groups Martin L. Matusiak
for the program, obtaining permission from property owners for Debora Maccagnano-Michaux
clean up, developing adoption agreements and distributing Carmen A. Vitale
promotional materials, coordinating activities with city Thomas J. Pisa
government, placing signs, arranging press coverage, and Camille N. Willis
providing program reports; and Heather Surdyk
Whereas: In discussing the Adopt-a-Shore Program with John Surdyk
members of the Common Council's Community Development Stephen J. Godzisz
Committee, the mutual benefits of the program became Richard A. Fontona
evident, as suggestions for utilization of AmeriCorps were Damien Abbate
numerous and included Hoyt Lake in Delaware Park, the Michael R. Jaeckle
Scajaquada Pathway, and the foot of Ontario Street ; and Amy Kedron
Whereas: It is in both the City's and AmeriCorps best Richard D. Kern
interests to participate in the Adopt-a Shore Program; Jamie J. Roberts
Now, Therefore, Be It Resolved: Joseph Schmidbauer
That this Common Council express its support for establishing Bernard J. Zolnowski
an Adopt-a-Shore Program between West Seneca AmeriCorps Nikki Lee Yaworsky
and the City of Buffalo; and Scott C. Griffin
Be it Further Resolved: David F. Sajdak
That the Commissioner of Human Services, Parks and Total:
Recreation and the Corporation Counsel be authorized to enter ADOPTED.
into an agreement with West Seneca AmeriCorps to establish
an Adopt-a-Shore Program. UNFINISHEDBUSINESS
ADOPTED NO52
LOCALLAWINTRO#7-EARLYRETIREMENTINCENTIVE
NO216 (NO.155,C.C.P.,JUNE10,1997
By Mr. Zuchlewski
FELICITATIONS/INMEMORIAM Mrs. LoTempio that the above item be taken from the table.
Attached hereto are Felicitation and In Memoriam Resolutions Seconded by Mr. Czajka.
sponsored by CARRIED
Members of the Common Council as indicated: Mrs. LoTempio now moved that the above item be approved.
Felicitation for Jacqueline Davis Seconded by Mr. Brown
By Councilmember Brown PASSED, AYES - 11 NOES - 0
Felicitation for. NAACP, Buffalo Chapter
By Councilmember Pitts NO220
ADOPTED. BONDRES.-$20,000,000-SCHOOLSCAPITAL
PROGRAM(CORN.160,C.C.P.,JUNE10,1997)
NO217 Mrs. LoTempio moved that the above item be taken from the
By: Mr. Zuchlewskitable. Seconded by Mr. Franczyk
CARRIED
APPOINTMENTS Mrs. LoTempio now moved that the above item be approved.
COMMISSIONEROFDEEDS Seconded by Mr. Franczyk
REQUIRED-PERFORMANCEOFPUBLICDUTIES PASSED, AYES - 11 NOES - 0
That the following persons are hereby appointed as
NO221 Catherine M. Curran Died June 7,1997
BONDRES.-$500,000-RECONSTR.MLKPARK RECEIVED AND FILED.
(CORN.161,C.C.P.,JUNE10,1997) NO.3
Mrs. LoTempio moved that the above item be taken from the Mr. Pitts made a motion to receive and file the Treasury
table. Seconded by Mr. Franczyk Statement of Disbursements for the Fire Pension Fund for the
CARRIED period ended March 31, 1997.
Mrs. LoTempio now moved that the above item be approved. RECEIVED AND FILED.
Seconded by Mr. Franczyk NO.4
PASSED, AYES - 11 NOES - 0 I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of June 1997 amounting to $27,945.16,
NO.222 and respectfully request that checks be drawn to the order of
BONDRES.-$.50,000-IMPR.TOWNEGARDENPLAZA the persons named herein for the amounts stated.
(CORN.162,C.C.P.,JUNE10,1997) ADOPTED..
Mrs. LoTempio moved that the above item be taken from the AYES-2. NOES-0.
table. Seconded by Mr. Franczyk NO.5
CARRIED The following annuitant was canceled from the Police Pension
Mrs. LoTempio now moved that the above item be approved. Fund Payroll:
Seconded by Mr. Franczyk Margarite A. Kelly Died June
PASSED, AYES - 11 NOES - 0 17,1997
RECEIVED AND FILED.
NO223 NO.6
LOCALLAWINTRO,#5-CREATIONOFDIV.OFINREMMr. Giambra made a motion to receive and file the Treasury
PROPERTIES Statement of Disbursements for the Police Pension Fund for
(NO.171,C.C.P.,JUNE10,1997 the period ended March 31, 1997.
Mrs. LoTempio that the above item be taken from the table. RECEIVED AND FILED.
Seconded by Mr. Czajka. NO.7
CARRIED On motion by Mr. Pitts, the City of Buffalo Police and Fire
Mrs. LoTempio now moved that the above item be approved. Pension Board Meeting adjourned at 11:10 a.m.
Seconded by Mr. Brown
PASSED, AYES - 10
BROWN ,COPPOLA, CZAJKA, FRANCZYK, GRAY,
HELFER, KAVANAUGH, LOCKWOOD
LOTEMPIO, ZUCHLEWSKI
NOES: 1
PITTS
NO224
LOCALLAWINTRO,#6-POLICE&FIREPENSION
(NO.178,C.C.P.,JUNE10,1997
Mrs. LoTempio that the above item be taken from the table.
Seconded by Mr. Czajka.
CARRIED
Mrs. LoTempio now moved that the above item be approved.
Seconded by Mr. Brown
PASSED; AYES 11 NOES 0
NO225
ANNOUNCEMENTOFCOMMITTEEMEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Civil Service Tuesday, July 1, 1997 9:30 A.M.
Finance Tuesday, July 1, 1997 - following Civil Service
Legislation Tuesday, July 1, 1997 at 2:00 P.M.
Community Dev. Wednesday, July 2, 1997 at 10:00 A.M.
Education Wednesday July 2, 1997, at 2:00 P.M.
ANCILLARY MEETINGS
Special Meeting on Water held in 1417 at 10:00 o'clock a.m. on
Friday, June 2 1997.
Public Hearing on Water Rate Increase in Council Chambers
at 7:00 o'clock p.m on Thursday, June 26, 1997
NO226
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 3.45 P.M.
CHARLES MICHAUX
CITY CLERK
BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS
#6
COUNCILPRESIDENT'SOFFICE-1317CITYHALL
JUNE26,1997
Present: James W. Pitts, Council President; Joel A.
Giambra, Comptroller-2
Absent: None
The Journal of the last meeting was approved.
NO.1
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of June 1997 amounting to $26,494.78,
and respectfully request that checks be drawn to the order of
the persons named herein for the amounts stated.
ADOPTED.
AYES-2. NOES-0.
NO.2
The following annuitant was canceled from the Fire Pension
Fund Payroll: