HomeMy WebLinkAbout97-0708
No.14
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JULY 8, 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
WATER PRIVATIZATION - Kevin Helfer, Bonnie Kane
Lockwood, Alfred Coppola, Beverly Gray, Commissioner Joel
Giambra and Union Representatives
CORPORATION PROCEEDINGS
COMMONCOUNCIL Public School 84-providing transportation services. He is a
CITYHALL-BUFFALO dedicated and involved advocate for persons with disabilities.
TUESDAY,JULY8,1997 Anthony Lombardo is replacing Joseph Lombardo who has
AT2:00P.M. resigned. Anthony Lombardo's term will expire March 31,
1999.
PRESENT - James W. Pitts President of the Council, I hereby certify that the above named individuals are
and and Council Members Brown, Coppola, Czajka, fully qualified to serve as members of the Committee for
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, Persons With Disabilities.
LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. RECEIVED AND FILED
NO3
ABSENT - None. RE-APPOINTMENTOFMEMBERTOTHE
BUFFALOPRESERVATIONBOARD
On a motion by Mrs. LoTempio, seconded by Mr. Pursuant to the powers vested in me by Article 11, Section
Czajka, the minutes of the stated meeting held on June 337-3, Part II of the Code of the City of Buffalo, I hereby re-
24, 1997 were approved. appoint Mark Goldman, residing at 351 Lincoln Pkwy., Buffalo
14216 for a term continuing from August 31, 1997 and will
FROMTHEMAYOR expire August 31, 2000.
1 hereby certify that the above named individual is fully qualified
NO1 to serve as a member of the Buffalo Preservation Board.
APPOINTMENTOFMEMBERTOTHE REFERRED TO THE COMMITTEE ON LEGISLATION
CITIZENSADVISORYCOMMITTEEONCOMMUNITY NO4
IMPROVEMENT APPOINTMENTOFMEMBERS
Pursuant to the powers vested in me by Article II, Section 6-5 TOTHECOMMISSIONONHUMANRELATIONS
of the Code of the City of Buffalo, I hereby appoint Darren M. Pursuant to the provision of Section 285.27 of the Charter of
Strickland residing at 87 Monticello Place, Buffalo, NY 14214 the City of Buffalo, as amended, I hereby appoint the following
as a member of the Citizens Advisory Committee on individuals as members of the Commission on Human
Community Improvement. His term will expire June 30, 2001. Relations, representing the Fillmore District, effective
Darren M. Strickland is currently the Executive Director of the immediately for terms expiring February 27, 2001:
Friends of Night People, Inc. Before that he was the Assistant Dr. Sam Toe 60 Titus Avenue, Buffalo, New York 14212
Director of Community Affairs for the Untied Way of Buffalo Gary Ptak 140 Baitz Avenue, Buffalo, New York 14206
and Erie County. He also served as an Administrative I hereby certify that the above named individuals are fully
Assistant with the Erie County Department of Social Services. qualified for appointment to the Commission on Human
Mr. Strickland has numerous accomplishments and is involved Relations.
in various volunteer work. RECEIVED AND FILED
I hereby certify that Darren M. Strickland is fully qualified to NO5
serve as a member of the Citizens Advisory Committee on APPOINTMENTOFMEMBERTOTHE
Community Improvement. BUFFALOWATERBOARD
RECEIVED AND FILED Pursuant to the authority granted in me by Section
NO2 1048-F of the title Two-B Article Five of the Public
REAPPOINTMENT&APPOINTMENT Authorization law, I hereby appoint, subject to confirmation by
OFMEMBERSTOTHE Your Honorable Body, the following member to the Buffalo
COMMITTEEFORPERSONSWITHDISABILITIES Water Board:
Pursuant to the powers vested in me by Section 91 of Article VI Patrick W. H. Wesp 289 Norwalk Ave Buffalo, NY 14216
of the Charter of the City of Buffalo, as amended, I hereby Patrick W. H. Wesp is an Attorney/Partner with
reappoint and appoint the following persons as members of the Hughes & Wesp. Mr. Wesp has a Bachelor of Arts from
Committee for Persons With Disabilities, commencing Canisius College and a Juris Doctor from Western New
immediately: England College School of Law. Mr. Wesp is also involved in
Reappointment: EXP numerous associations and committees and has received
MarkFoley,9 Voorhees Buffalo,N.Y. 14216 3/31/00 various honors. Patrick W. H. Wesp will replace Julio A. Ortiz.
VirginiaPurcell, 272 Woodward Buffalo, N.Y. 14214 " His term will expire December 31, 1998.
Billy Gant 55 Bennett Village Terr. Buffalo, N.Y.14214 Based upon the qualifications stated, I hereby certify
Ms.MaryGryc389 Elmwood ,Apt.#2Buffalo, 35N.Y. 14222 that Patrick W. H. Wesp is fully qualified to serve on the
Kevin J. Helfer231 Lisbon AveBuffalo, N.Y. 14214 Buffalo Water Board.
Appointment, REFERRED TO THE COMMTITEE ON LEGISLATION
Kathy S. HoffmanP.O. Box 355 Clarence Ctr.,14032 NO6
Kathy Hoffman is Coordinator of Special Services at ECC FROMTHEMAYOR-EXECUTIVEDEPARTMENT
South Campus. She has her MS in Education of the Deaf.. FROMTHECITYPLANNINGBOARD
Ms. Hoffman is Chairperson of WNY Collegiate Consortium of ORD.AMEND.CHAPTER511-ZONING
Disability Advocates, SUNY Disability Council, etc. Kathy (ITEMNO.206,C.C.P.5/27/97)
Hoffman's term will expire March 31, 2000. ITEM148,CCP,6/10/97
Joan D. Harms 46 Parkview Court Lancaster,N.Y.14086 ITEM128,CCP,6/24/97
Joan Harms is the Executive Director of Developmental The City Planning Board at its regular meeting held Tuesday
Disabilities Prevention Program, People, Inc. and is an Adjunct July 2, 1997 considered the matter captioned above pursuant
Clinical Instructor at State University of New York at Buffalo to Section 511-126 of the Buffalo Code - amendments to the
Department of Pediatrics. She is appointed to the Governor's zoning ordinance.
New York State Council for Disability Prevention and serves as The members enthusiastically voted to approve the legislation
a state representative for the National Alliance to Support which empowers the City Planning Board to undertake site plan
Genetic Disorders. Joan Harms term will expire March 31, review for a wide range of projects. The City Planning Board
2000. further commends Your Honorable Body for initiating this
Tracy A. SawickI 83 Laird Avenue Buffalo, N.Y. 14207 crucial step and looks foreword to the completion of the design
Ms. Ms Sawicki is the Executive Director for review component of this important legislation.
Deaf Adult Services. She served as Development Coordinator RECEIVED AND FILED
for the United Cerebral Palsy Assoc. of WNY; Programs NO7
Supervisor for Deaf Adult Services, Inc.; Advocacy Coordinator J.TOMASULO,REQUESTTO
for Buffalo Hearing & Speech Ctr., Inc., and was an instructor CONVERTTWOSTORESFORAN
in sign language at the State University New York at Buffalo. EXISTINGRESTAURANTAT
Tracy Sawicki is replacing Thomas Roetzer, who has resigned. 423ELMWOODAVENUE
Tracy's term will expire March 31, 1998. (ITEMNO.101,C.C.P.6/24/97)
Clarence Gillard 1416 Main St.#203 Buffalo, N.Y. 14209 The City Planning Board at its regular meeting held
Clarence, although handicapped, can accomplish Tuesday July 1, 1997 considered the matter captioned above
many task from the confines of his wheelchair. A well adjusted pursuant to Section 511-56 of the Buffalo Code - the review of
individual, able to work with other for successful task restricted uses in the Elmwood Business District.
completion. Clarence Gillard is replacing Virginia Williams. The applicant seeks to use two vacant store fronts to
Clarence's term will expire March 31, 1998. expand an existing restaurant.
Anthony R. Lombardo 65 Delham Avenue Buffalo, N.Y. The site is located in the Elmwood Business district
14216 Mr. Lombardo is Owner/Chief Extra Officer of Empire which considers the expansion of eating and drinking places to
Limousine. He is an active volunteer with the Kiwanis Club and be restricted used which require the approval of Your
Honorable Body. under SEQR the proposed expansion is sign on the condition that the it is located as far away from the
considered an Unlisted Action which may be studied through street edge as applicable laws will allow.
uncoordinated review. RECEIVED AND FILED
The Planning Board voted to approve the proposed expansion. NO12
RECEIVED AND FILED 3151MAINSTREETINC.REQUEST
NO8 TOERECTACLAMSTANDAT3149-3155MAINSTREET
M.MATTJR.,REQUESTTO (ITEMNO.103,C.C.P.6/24/97)
CONVERTTWOSTORESFORAN The City Planning Board at its regular meeting held
EXISTINGRESTAURANTAT Tuesday July 1, 1997 considered the matter captioned above
244ALLENSTREET pursuant to Section 511-79.5 of the Buffalo Code - the review
(ITEMNO.102,C.C.P.6/24/97) of restricted uses in the Transit Station District.
The City Planning Board at its regular meeting held The applicant seeks to erect a seasonal clam stand in
Tuesday July 1, 1997 considered the matter captioned above the parking lot of his restaurant. The clam stand will be located
pursuant to Section 511-57 of the Buffalo Code - the review of completely on private property.
restricted uses in the Allen Street District. The site is located in the Transit Station District which
The applicant seeks to use two vacant store fronts to considers the expansion of eating and drinking place s to be
expand an existing restaurant. restricted uses which require the approval of Your Honorable
Body. Under SEQR the proposed clam stand is considered an
The site is located in the Allen Street District which Type Two Action which does not require further environmental
considers the expansion of eating and drinking place s to be review.
restricted used which require the approval of Your Honorable The Planning Board voted to approve the proposed
Body. Under SEQR the proposed expansion is considered an clam stand with the condition that no music will be played from
Unlisted Action which may be studied through uncoordinated it.
review. REFERRED TO THE COMMITTEE ON LEGISLATION
The Planning Board voted to approve the proposed expansion. NO13
RECEIVEDA AND FILED FROMTHECOMPTROLLERCAPITALDEBTSERVICE
NO9 FUNDDEPOSITS-1997/1998FISCALYEAR
R.FERRARA.,REQUESTTOERECTABILLBOARDSIGN Certificate Number 1-97-98 of the Comptroller of the City of
AT820HERTELAVENUE Buffalo, New York, relative to the Capital Debt Service of Fund
(ITEMNO.104,C.C.P.6/24/97) of said city, stating the amounts to be deposited therein and
The City Planning Board at its regular meeting held paid therefrom for the period
Tuesday July 1 , 1997 considered the matter captioned above Commencing July 1, 1997 and ending June 30, 1998
pursuant to Section 387-19 of the Buffalo Code - the review of
billboard signs. 1, Joel A. Giambra, Comptroller of the City of Buffalo, New
The applicant seeks erect a double faced non York, in accordance with the provisions of Section 202 of the
accessory sign which will have a sign face area of 378 square resolution entitled:
feet (13.5'x 36') and an overall height of 35 feet. "Enabling Resolution of the City of Buffalo, New York,
The site is located in an Ml zone which permits such Establishing a Capital Debt Service Fund, Determining the
signs provided that there is no non accessory sign within 300 Terms and Conditions of Such Fund and Other Matters in
feet and on the same side of a street. Under SEQR the Connection Therewith, and Providing for the Rights of
proposed sign is considered an Unlisted action which may be Holders of Capital Debt Obligations of the City."
studied through uncoordinated review. duly adopted by the Common Council on March 8, 1977, and
The Planning Board voted to approve the proposed pursuant to the duties of the chief fiscal officer set forth therein,
sign on the condition that the it is located as far away from the Do Hereby Certify as follows:
street edge as applicable laws will allow. 1.The Capital Debt Service Fund Requirements for
RECEIVED AND FILED the fiscal year commencing July 1, 1997 and ending June 30,
NO10 1998 is $41,471,778.79.
PIERCEANDSTEVENS,REQUESTTOERECTTWO 2.The portion of said Capital Debt Service
BUILDINGSANDREPLACEANEXISTINGTANKFARM Requirement allocated to the First Collection Period (July 1,
AT660-710OHIOSTREET 1997 through and including November 30, 1997), is
(ITEMNO.105,C.C.P.6/24/97) $14,937,373.77.
The City Planning Board at its regular meeting held 3. The portion of said Capital Debt Service
Tuesday July 1, 1997 considered the matter captioned above Requirement allocated to the Second Collection Period
pursuant to Section 511-67 of the Buffalo Code - the Buffalo (December 1, 1997 through and including June 30, 1998), is
Coastal Special Review District. $26,534,405.02.
The applicant seeks erect and replace an existing tank 4. The First Collection Period portion of the Capital
farm for chemical solvents and to erect two accessory buildings Debt Service Requirement is due and payable during the period
to be used for the unloading materials for processing. This commencing July 1, 1997 and ending December 31, 1997 on
work has been mandated by regulations promulgated by the the obligations, in the amounts, on the dates, and at the place
N.Y.S.D.E.C. or places as set forth below:
The site is located in an M3 zone which permits such See attached
uses. Moreover, the site does not border the Buffalo River and 5. The aggregate amount to be deposited by the
therefore the applicant is not compelled to provide a river front Director of Treasury with the Fleet Bank, Buffalo, New York,
"yard". Under SEQR the proposed work is considered an commencing on July 1, 1997 is $14,937,373.77.
Unlisted Action which may be studied through uncoordinated 6. The Second Collection Period portion of the
review. Capital Debt Service Requirement is due and payable during
The Planning Board voted to approve the proposed the period commencing January 1, 1998, and ending June 30,
renovations. 1998, on the obligations, in the amounts, on the dates, and at
RECIEVED AND FILED the place or places as set forth below:
NO11 See attached
HOHLMACHINEANDCONVEYOR, 7. The aggregate amount to be deposited by
REQUESTTOERECTABILLBOARD the Director of the Treasury with the Fleet Bank, Buffalo, New
AT1590NIAGARASTREET. York, commencing on December 1, 1996 is $26,534,405.02.
(ITEMNO.106,C.C.P.6/24/97) 8. Pursuant to Section 202 (b) of said
The City Planning Board at its regular meeting held Tuesday Enabling Resolution, the Director of the Treasury shall deposit
July 1, 1997 considered the matter captioned above pursuant the amounts shown in Section 5 and 7 hereof in the Capital
to Section 387-19 of the Buffalo Code - the review of billboard Debt Service Fund held by the Trustee, Fleet Bank, Buffalo,
signs. New York, immediately upon receipt of any payment of or on
The applicant seeks erect a double faced non account of any City ad valorem property taxes, until the amount
accessory sign which will have a sign face area of 672 square deposited during each Collection Period is equal to the amount
feet (14'x 48') and an overall height of 40 feet. shown in Section 5 and 7, respectively.
The site is located in an Ml zone which permits such signs 9. 1 have this day delivered a copy of
provided that there is no non accessory sign within 300 feet Certificate Number 1-97/98 to the Director of Treasury and to
and on the same side of a street. Under SEQR the proposed the Fleet Bank, Buffalo, New York.
sign is considered an Unlisted action which may be studied IN WITNESS WHEREOF, I have hereunto set my hand this
through uncoordinated review. 26th Day of June, 1997
The Planning Board voted to approve the proposed REFERRED TO THE COMMITTEE ON FINANCE
NO14 CERTIFICATEOFAPPOINTMENT
RESULTOFNEGOTIATIONS1607GENESEE,31.07'EDEPARTMENT OF AUDIT AND CONTROL
KOONSLOTSIZE:32'X54' Appointment Effective: June 23, 1997 in the Department of
\ASSESSEDVALUATION:$1,300 Audit and Control Division of Accounting to the Position of
The Comptroller's Office, Division of Real Estate, Associate Accountant Temporary at the: Maximum Starting
has received a request from Pastor Charles G. Biegner, Jr., Salary of: $37,643
Evangelical Lutheran Church of the Resurrection, 3 Doat Francis R. Cahill P. 0. Box 273 Buffalo NY 14201-0273
Street, Buffalo, New York 14211, to purchase the above REFERRED TO THE COMMITTEE ON CIVIL SERVICE
captioned property. The vacant lot will be used for church NO17
purposes. CERTIFICATEOFAPPOINTMENT
The Department of Community Development and the Appointment Effective: June 23, 1997 in the Department of
Division of Collections have been contacted and they have no Audit and Control, Division of Accounting to the Position of
objections to the sale. There are no outstanding taxes, code Senior Accountant Permanent at the: Intermediate Starting
violations or other liens owed to the City by the purchaser. Salary of: $34,926
An independent appraisal of the property was Ronald N. Lunghino 314 St. Lawrence Ave Buffalo NY14216
conducted by Mr. Dennis Walker, Able Appraisals & REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Associates, 43 St. Paul Street, Buffalo, New York 14209. He NO18
has estimated the value of the property to be Four Hundred and CERTIFICATEOFAPPOINTMENT
Fifty Dollars ($450.00). This represents approximately Twenty-Appointment Effective: July 1, 1997 in the Department of Audit
Three Cents (.23) a square foot for the subject property. The and Control Division of Accounting to the Position of Senior
Division of Real Estate has investigated the sales of similar Accountant Temporary at the: Intermediate Starting Salary of:
properties in the area. Sale prices range from Seventeen $35,128
Cents (.17) to Thirty-Four Cents (.34) a square foot. The Gloria A. Schiavone 3 Hecla Street Buffalo NY 14216-1629
Division of Real Estate concurs with the appraisers estimate of REFERRED TO THE COMMITTEE ON CIVIL SERVICE
value. NO19
The results of our negotiations are that the FROMTHEPRESIDENTOFTHECOUNCIL
Evangelical Lutheran Church of the Resurrection has agreed I have attached a copy of an Audit Report from the Inspector
and is prepared to pay Four Hundred and Fifty Dollars General's Office of the Department of Housing and Urban
($450.00) for the subject property. They have also agreed to Development. This report provides a critical view of the City's
pay for the cost of the appraisal, recording fees, transfer tax Properties Rehabilitation Program under the Buffalo
and cost of the legal description. Neighborhood Revitalization Corporation. While this report was
I am recommending that Your Honorable Body just released by H.U.D., to my understanding, there have been
approve the sale of 1607 Genesee Street to the Church in the recent meetings between H.U.D. Officials and City Officials to
Evangelical Lutheran Church of the Resurrection, in the resolve the findings of the Audit. The report does contain
amount of Four Hundred and Fifty Dollars ($450.00). I am responses from the Administration however, exhibits verifying
further recommending that the Corporation Counsel prepare responses are not contained. Please forward this report to the
the necessary documents for the transfer of title and that the Community Development Commissioner, B.U.R.A. Financial
Mayor be authorized to execute the same. Control of Agencies and the Corporation Counsel. It is my view
REFERRED TO THE COMMITTEE ON FINANCE that immediate hearings should be scheduled in order to
NO15 assess the findings and moreover determine if appropriate
20WADSWORTH,NWCORNERDAYSPARK actions are being taken to correct the deficiencies. H.U.D.
LOTSIZE:228'X56' Officials should be at the hearing as well. Finally, while this
LANDVALUE:$19,300 report is very disturbing, the overiding focus of the hearings
TOTALASSESSEDVALUE:$30,900 should be to correct the problems and provide services in
The Office of the Comptroller, Division of Real Estate, has accordance to federal regulations. Please make the
received a request from the Allentown Association, Inc., to appropriate arrangements for referral and notification.
lease the above captioned property. The property was acquired REFERRED TO THE COMMITTEE ON COMMUNITY
by the City of Buffalo for use in the Residential Area Parking DEVELOPMENT, CORPORATION COUNSEL, THE
Program. The lot is currently being used for parking and COMMISSIONER OF COMMUNITY DEVELOPMENT,
situated on the lot is a 1,000 sq. ft. former gas station. FINANCIAL CONTROL OF AGENCIES AND BURA
The Allentown Association is proposing the following: BUFFALO NEIGHBORHOOD DEVELOPMENT
1. To repair the building and use as a storage CORPORATION AND HUD
area for equipment to be used in their street NO20
cleaning,beautification, and litter control projects. FROMTHECOMMISSIONEROFASSESSMENT
2. In lieu of rental payment the Association will REQUESTAPPROVALOFCERTIFICATE
repair and renovate the building at their own OFADJUSTEDBASEPROPORTIONS
expense. Engineer estimates places Attached find Certificate of Adjusted Base Proportions.
rehabilitation costs in the $6,000 - $7,000 I am respectfully requesting that Your Honorable Body approve
range. All repairs and renovations must be the aforementioned Certificate pursuant to Article 19 of the
approved by the Division of Buildings and Real Property Tax Law.
the Director of Real Estate. The aforementioned Certificate was prepared by this
3. The term of the lease shall be for 3 years. department with the assistance of the New York State Office
4. The Allentown Association, Inc. will provide of Real Property Service pursuant to the Real Property Tax
for the maintenance of the building and Law and the Rules and Regulations of the office of Real
parking lot at their own cost and expense. Property Service.
5. The cost of all utility service, water, gas, and Upon approval of this Certificate, kindly direct the
electric will be provided by and paid for by City Clerk to sign, date, and forward said Certificate to the
the Association. New York State Office of Real Property Service, to the
6. The Association will provide and maintain a attention of Michael Griffin, 16 Sheridan Avenue, Albany, New
comprehensive liability insurance policy York 12210-2714. Also, kindly direct the City Clerk to furnish
indemnifying the City and saving it harmless this department with a copy of the approved certificate.
from any and all personal injury, property REFERRED TO THE C0MMITTEE ON FINANCE
claims or judgments against the City of NO21
Buffalo. The limits of the policy are to be REQUESTAPPROVALOFCERTIFICATEOFBASE
determined by the Corporation Counsel. PERCENTAGES,CURRENTPERCENTAGESAND
7. There will be a clause allowing either party CURRENTBASEPROPORTIONS
to cancel the lease upon 30 days written Attached find Certificate of Base Percentages, Current
notice. Percentages, and Current Base Proportions. I am respectfully
I am recommending that Your Honorable Body approve the requesting that Your Honorable Body approve the
request of the Allentown Association, Inc., to lease the property aforementioned Certificate pursuant to Article 19 of the Real
upon the above terms and conditions. I am further Property Tax Law. The aforementioned Certificate was
recommending that the Corporation Counsel prepare the prepared by this department with the assistance of the New
necessary lease agreement and that the Mayor be authorized to York State Office of Real Property Service pursuant to the Real
execute the same. Property Tax Law and the Rules and Regulations of the office
REFERRED TO THE COMMITTEE ON FINANCE AND THE of Real Property Service. Upon approval of this Certificate,
CORPORATION COUNSEL. kindly direct the City Clerk to sign, date, and forward said
NO16 Certificate to the New York State Office of Real Property
Service, Equalization Rate Bureau, 16 Sheridan Avenue, NO PARKING - REPEAL
Albany, New York 12210-2714. Also, kindly direct the City In conformity with Section 49 of Chapter 479 of the Ordinances
Clerk to furnish this department with a copy of the approved of the City of Buffalo, the City Engineer hereby notifies Your
certificate. The approval of this Certificate is the primary step Honorable Body of this action supplementing, amending, or
toward the final calculation of the City's Base Proportions that repealing existing provisions of Chapter 479 of the Ordinances,
occurs after the March 1, 1997 Assessment is completed. as stated below, to be effective forty five days after the first
REFERRED TO THE COMMITTEE ON FINANCE Council meeting at which they appear on the agenda as an item
NO22 business.
FROMTHECOMMISSIONEROFPUBLICWORKS That that part of Subdivision 23 Section 15 of Chapter 479 of
NOTIFICATIONSERIAL#8889NOSTANDING-REPEAL Ordinances of the City of Buffalo be supplemented by repealing
ONFORESTAVENUE,NORTHSIDEFROMELMWOODtherefrom the following: NO PARKING
AVENUETOBUFFHLOSTATEHOSPITALDRIVEPROHIBITED PRT.HWAY PROHIBITED PERIOD DAILY
(OPPOSITERICHMONDAVENUE) Auburn Avenue, south side 7:00 a.m. to 7:00 p.m.
NO STANDING - REPEAL between the west property line except Sunday
In conformity with Section 49 of Chapter 479 of the Ordinances of #289 Auburn Avenue and
of the City of Buffilo, the City Engineer hereby notifies Your a point 132' east therefrom
Honorable Body of this action supplementing, amending, or This request was made by the Auburn-Grant Block Club. This
repealing existing provisions of Chapter 479 of the Ordinances, restriction was installed for a business no longer in operation;
as stated below, to be effective forty five days after the first the current business does not need this parking restriction for
Council meeting at which they appear on the agenda as an item their operations. (See next 2 serials)
business. NOTIFICATIONSERIAL#8893
That that part of Subdivision 22 Section 15 of Chapter 479 of NOSTANDING-REPEAL
Ordinances of the City of Buffalo be supplemented by repealing ONAUBURNAVENUE,NORTHSIDEFROMTHEWEST
therefrom the following: NO STANDING PROPERTYLINEOF#290AUBURNAVENUETOTHE
PROHIBITED PORTION OF HIGHWAY EASTPROPERTYLINEOF#292AUBURNAVENUE
ForestAvenue, north side from Elmwood Avenue to NO STANDING - REPEAL
Buffalo State Hospital Drive In conformity with Section 49 of Chapter 479 of the Ordinances
PROHIBITED PERIOD DAILY of the City of Buffalo, the City Engineer hereby notifies Your
7:00 AM TO 7:00 PM EXCEPT SUNDAY Honorable Body of this action supplementing, amending, or
This action is being taken in order to provide on-street metered repealing existing provisions of Chapter 479 of the Ordinances,
parking along the north side of Forest Avenue between as stated below, to be effective forty five days after the first
Elmwood and Richmond - as requested by the District Council meeting at which they appear on the agenda as an item
Councilmember. (See next 2 serials) business.
That that part of Subdivision 22 Section 15 of Chapter 479 of
NOTIFICATIONSERIAL#8890INSTALLPERMISSIVEOrdinances of the City of Buffalo be supplemented by repealing
PARKINGONFORESTAVENUE,NORTHSIDEBETWEENtherefrom the following: NO STANDING
ELMWOODAVENUEANDBUFFALOSTATEHOSPITALPROHIBITED PRT HIGHWAY PROHIBITED PERIOD
DRIVE(OPPOSITERICHMONDAVENUE) Auburn Avenue, north side At all times
PERMISSIVE PARKING - INSTALL from the west property line
In conformity with Section 49 of Chapter 479 of the Ordinances of #290 Auburn Avenue
of the City of Buffalo, the City Engineer hereby notifies Your to the east property line
Honorable Body of this action supplementing, amending, or of #292 Auburn Avenue
repealing existing provisions of Chapter 479 of the Ordinances, This request was made by the Auburn-Grant Block Club. This
as stated below, to be effective forty five days after the first restriction was installed for a business no longer in operation;
Council meeting at which they appear on the agenda as an item the current business does not need this parking restriction for
business. That that part of Subdivision 25 Section 15 of their operations. (See previous and next serial
Chapter 479 of Ordinances of the City of Buffalo be NOTIFICATIONSERIAL#8894NOPARKING-INSTALLON
supplemented by adding thereto the following: PERMISSIVE AUBURNAVENUE,NORTHSIDEBETWEENGRANT
PARKING STREETANDAPOINT157'EASTTHEREFROM
PROHIB PORTION OF HW PROHIB PERIOD - DAY NO PARKING - INSTALL
Forest Avenue, north side 2 hour parking
between Elmwood Avenue 7:00 a.m. to 7:00 In conformity with Section 49 of Chapter 479 of the Ordinances
and Buffalo State Hospital except Saturday & Sunday of the City of Buffalo, the City Engineer hereby notifies Your
excluding existing No Standing here to Honorable Body of this action supplementing, amending, or
corner zones repealing existing provisions of Chapter 479 of the Ordinances,
This action is being taken in order to provide on-street metered as stated below, to be effective forty five days after the first
parking along the north side of Forest Avenue between Council meeting at which they appear on the agenda as an item
Elmwood and Richmond - as requested by the District business.
Councilmember. (See previous and next serials) That that part of Subdivision 23 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
NOTIFICATIONSERIAL#8891PARKINGMETERS-thereto the following: NO PARKING
INSTALLONFORESTAVENUE,NORTHSIDEBETWEENPROHIBITED PRT HIGHWAY PROHIBITED PERIOD
ELMWOODAVENUEANDBUFFALOSTATEHOSPITALAuburn Avenue, north side At all times
DRIVE(OPPOSITERICHMONDAVENUE) between Grant Street and
PARKING METERS - INSTALL a point 157' east therefrom
In conformity with Section 49 of Chapter 479 of the Ordinances This request was made by the Auburn-Grant Block Club. This
of the City of Buffalo, the City Engineer hereby notifies Your restriction was installed for a business no longer in operation;
Honorable Body of this action supplementing, amending, or the current business does not need this parking restriction for
repealing existing provisions of Chapter 479 of the Ordinances, their operations. (See previous 2 serials)
as stated below, to be effective forty five days after the first NOTIFICATIONSERIAL#8895
Council meeting at which they appear on the agenda as an item INSTALLSTOPSIGNS(ALL-WAY)INMICHIGANAVENUE
business. ATGLENWOODAVENUE
That that part of Subdivision 3 Section 33 of Chapter 479 of STOP SIGNS (ALL-WAY) - INSTALL
Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of Ordinances of
thereto the following: PARKING METERS the City of Buffalo, the City Engineer hereby notifies Your
HIGHWAY LOCATION PORTION OF HIGHWAY Honorable Body of this action supplementing, amending, or
Forest Avenue north side between Elmwood Ave and repealing existing provisions of Chapter 479 of the Ordinances,
Buffalo State Hospital as stated below, to be effective forty five days after the first
This action is being taken in order to provide on-street metered Council meeting at which they appear on the agenda as an item
parking along the north side of Forest Avenue between business.
Elmwood and Richmond - as requested by the District That that part of Subdivision 9 Section II of Chapter 479 of
Councilmember. (See previous two (2) serials) Ordinances of the City of Buffalo be supplemented by adding
NOTIFICATIONSERIAL#8892 thereto the following: STOP SIGNS
REPEALOFNOPARKING
ONAUBURNAVENUE,SOUTHSIDEBETWEENTHEVEHICLES ON SHALL STOP BEFORE ENTERING
WESTPROPERTYLINEOF#289AUBURNAVENUEANDAMichigan Avenue Glenwood Avenue
POINT132'EASTTHEREFROM
NOTIFICATIONSERIAL#8896INSTALLSTOPSIGNSof Buffalo and the Erie County Environmental Education
(ALL-WAY)INCHOATEAVENUEATMERCYSTREET Institute, Inc. for the Household Hazardous Waste Collection
ITEMNO.170;C.C.P.06/10/97 Event scheduled for September 6, 1997 from 9:00 a.m. until
STOP SIGNS (ALL-WAY) -INSTALL 2:00 p.m. at the Buffalo Museum of Science. Wastes being
In conformity with Section 49 of Chapter 479 of the ordinances accepted include pesticides (no aerosol cans), oil based paints,
of the City of Buffalo, the City Engineer hereby notifies Your selected paint thinners and waste solvents, used motor oil,
Honorable Body of this action supplementing, amending, or gasoline, antifreeze propane cylinders, dry cell and lead acid
repealing existing provisions of Chapter 479 of the Ordinances, car batteries.
as stated below, to be effective forty five days after the first It is respectfully requested that Your Honorable Body authorize
Council meeting at which they appear on the agenda as an item the Commissioner of Public Works to execute this Agreement.
business. Mrs. LoTempio moved:
That that part of Subdivision 9 Section II of Chapter 479 of That the communication from the Department of Public Works,
Ordinances of the City of Buffalo be supplemented by adding dated July 3, 1997, be received and filed; and
thereto the following: STOP SIGNS That the Commissioner of Public Works be, and he hereby is,
VEHICLES ON SHALL STOP BEFORE ENTERING authorized to execute the agreement with the Erie County
Choate Avenue Mercy Street Environmental Education Institute, Inc. for the Household
This action is being taken at the request of the District Waste Collection Event scheduled for September 6, 1997 from
Councilmember. The stop signs will be installed to improve 9:00 a.m. until 2:00 p.m. at the Buffalo Museum of Science.
safety and ease congestion as major construction work PASSED.
proceeds at Mercy Hospital. AYES-13. NOES-0.
NOTIFICATIONSERIAL#8897INSTALLSTOPSIGNS
(ALL-WAY)INBELLEVUEAVENUEATRADCLIFFEROAD NO.25
STOP SIGNS (ALL-WAY) -INSTALL GRANTAWARDANDCONTRACTAGREEMENT
In conformity with Section 49 of Chapter 479 of the Ordinances NYSENERGYRESEARCHANDDEVELOPMENT
of the City of Buffalo, the City Engineer hereby notifies Your AUTHORITY(NYSERDA)CHEMICALCLEANINGAND
Honorable Body of this action supplementing, amending, or LINING/PASSIVATIONDEMONSTRATIONPROJECT
repealing existing provisions of Chapter 479 of the Ordinances, The City of Buffalo has been awarded a $125,000
as stated below, to be effective forty five days after the first grant from the New York State Energy Research and
Council meeting at which they appear on the agenda as an item Development Authority (NYSERDA) to assist in funding the
business. demonstration project for chemical cleaning and
That that part of Subdivision 9 Section II of Chapter 479 of lining/passivation of approximately 9,300 l.f. of watermains in
Ordinances of the City of Buffalo be supplemented by adding the City of Buffalo. NYSERDA has agreed to co-fund this
thereto the following: STOP SIGNS project as a full-scale demonstration of a new waterline
VEHICLES ON SHALL STOP BEFORE ENTERING rehabilitation process which may have far-reaching economic
Bellevue Avenue Radcliffe Road and technological impact on water systems in New York State.
NOTIFICATIONSERIAL#8898INSTALLSTOPSIGNS The proposed Contract with NYSERDA will reimburse
(ALL-WAY)INBELLEVUEAVENUEATLARCHMONTthe City for approximately 17% of the total anticipated project
ROAD cost. The demonstration project will give the City first-hand
STOP SIGNS (ALL-WAY) - INSTALL experience with this newly developed technology that potential
In conformity with Section 49 of Chapter 479 of the ordinances may save the City of Buffalo millions of dollars in waterline
of the City of Buffalo, the City Engineer hereby notifies Your rehabilitation costs.
Honorable Body of this action supplementing, amending, or It is respectfully requested that your Honorable Body
repealing existing provisions of Chapter 479 of the Ordinances, authorize the Commissioner of Public Works to execute the
as stated below, to be effective forty five days after the first NYSERDA Agreement and to accept the $125,000.00 grant to
Council meeting at which they appear on the agenda as an item assist funding of this project.
business. Mrs. LoTempio moved:
That that part of Subdivision 9 Section II of Chapter 479 of That the communication from the Department of Public Works,
Ordinances of the City of Buffalo be supplemented by adding dated July 3, 1997, be received and filed; and
thereto the following: STOP SIGNS That the Commissioner of Public Works be, and he hereby is,
authorized to execute the agreement with the New York State
VEHICLES ON SHALL STOP BEFORE ENTERING Energy Research and Development Authority and to accept the
Bellevue Avenue Larchmont Road $125,000.00 on behalf of the City, to assist in funding the
Mrs. LoTempio moved that Serial Numbers 8889-8895 are demonstration project for cleaning and lining/passivation of
referred to the Committee on Legislation and Serial Numbers approximately 9,300 l.f. of watermains in the City. The
8896-8898 be received and filed. proposed contract will reimburse the City for approximately
ADOPTED 17% of the total anticipated project cost.
NO.23 PASSED.
1997BUFFALOWATERSYSTEMPROJECT AYES-13. NOES-0.
Enclosed are copies of drafts of the following documents for
your review: NO.26
1. Memorandum of Understanding and Agreement DEMONSTRATIONPROJECTFORCHEMICALCLEANING
draft dated June 30, 1997, marked and compared to show ANDPASSIVATION/EPOXYLININGOFWATERLINES
changes from the draft dated June 18, 1997; BIRDAVENUE/BUFFALOSTATECOLLEGEAREA
2. Agreement by and between the Buffalo Water Board As authorized by your Honorable Body in Common
and American Anglian Environmental Technologies, L.P. draft Council Proceeding No. 33 of March 4, 1997, the City of
dated July 2, 1997 (Exhibits omitted); Buffalo, Division of Water, has received a proposal from
3. Amendment dated as of July 1, 1997 together with H.E.R.C. Products, Inc. in the amount of $469,750.00 for the
the Financing Agreement dated as of September 24, 1992 by chemical cleaning and passivation/epoxy lining of approximately
and between the City of Buffalo, Buffalo Water Board and the 9,300 L.F. of 6, 8 and 10 inch waterlines in the Buffalo State
Buffalo Municipal Water Finance Authority marked and College area of the City including portions of Bird Avenue,
compared to show the changes proposed by the Amendments Dewitt Street, Danforth Street, Dart Street, Letchworth Street
dated June 30,1997;and and Grant Street.
4. Amendment dated as of July 1, 1997 together with H.E.R.C. Products, Inc. has developed a chemical
the Operation Agreement dated as of September 24, 1992 by cleaning and epoxy lining process for older waterlines that
and between the City of Buffalo and the Buffalo Water Board offers significant technical advantages over conventional
marked and compared to show the changes proposed by the mechanical cleaning and cement mortar lining of waterlines. In
Amendments dated June 30, 1997. addition, this process offers significant savings over
At your request we will make available representatives of the mechanical cleaning and lining processes, which potentially
American Anglian Environmental Technologies and the could save the City of Buffalo millions of dollars in waterline
attorney for the Water Board to discuss these documents. rehabilitation costs.
REFERRED TO THE COMMITTEE ON WATER The bid proposal from H.E.R.C. Products, Inc. is the
NO.24 result of significant negotiation. The proposed contract is for
HOUSEHOLDHAZARDOUSWASTECOLLECTIONDAY complete cleaning and lining of waterlines at a per-foot cost
Mayor Anthony J. Masiello has instituted a Household that is 20 to 30% below the cost of recent, competitively bid
Hazardous Waste Collection Event for the City of Buffalo mechanical cleaning and lining contracts let by the City. The
residents in conjunction with the County of Erie. project has been awarded a grant by New York State Energy
Attached please find the proposed Agreement between the City Research and Development Authority (NYSERDA) which will
reduce the net cost to the City of this contract. In addition, the That the above communication from the
project has the full support of the Erie County and New York Commissioner of Public Works dated July 3, 1997, be received
State Health Departments. and filed; and
It is respectfully requested that your Honorable Body That the Commissioner of Public Works be, and
authorize the Commissioner of Public Works to enter into a he hereby is, authorized to award a contract for Colonel Ward
contract with H.E.R.C. Products, Inc. for the chemical cleaning Pump Station Wall Rehabilitation Project - Contract No. 40 G,
and passivation/epoxy lining of waterlines in the Buffalo State to Wilsandra Construction Company, Inc. in the amount of
College area of the City in the amount of $469,750.00. Funds $172,075.00 plus approved unit prices for an additional
for this work are available in the Division of Water's Capital $17,207.50 for a total encumbrance in the amount of
Project Fund Account. This is a sole source contract. $189,282.50 and with Tunney Electric, Inc. for Contract No.
Mrs. LoTempio moved: 40E in the amount of $11,080.00 plus approved unit prices for
That the communication from the Department of Public Works an additional $1,108.00 for a total encumbrance of $12,188.00,
dated July 3, 1997, be received and filed; and the lowest responsible bidders, with said cost to be charged to
That the Commissioner of Public Works be, and he hereby is, Division of Water's Capital Project Account, 416-983-502.
authorized to enter into a contract with H.E.R.C. Products, Inc. PASSED.
for the chemical cleaning and passivation/epoxy lining of AYES-13. NOES-0.
approximately 9,300 L.F. of 6, 8 and IO inch waterlines, in the
Buffalo State College area of the City in the amount of NO.28
$469,750.00. Funds for the project are available in the Division REPORTOFBIDS
of Water's Capital Project Fund Account. This is a sole source THECOMPLETIONOFLAKEFRONTBLVD.
contract. GROUP#431
PASSED. ITEMNO.20,C.C.P.11/26/96
AYES-13. NOES-0. This is to advise your Honorable Body that I have advertised
and received bids on June 25, 1997 for the completion of
NO.27 Lakefront Boulevard.
REPORTOFBIDS In obtaining bids for the above project, I have asked for bids on
COLONELWARDPUMPSTATION a unit price covering the various items of work and material
WALLREHABILITATIONPROJECT which will be performed. The final cost of the work will be
CONTRACTNO.40G&E based on the actual measured quantities of materials entering
As authorized by your Honorable Body in Common Council into the work and may be either more or less than the total bid.
Proceeding No. 25 of March 18, 1997 plans and specifications The following bids were received:
were prepared and sealed proposals accepted for Colonel Base Bid Unit Price
Ward Pump Station Wall Rehabilitation Project, Contract No. Increase
40 G & E. Destro & Brothers Concrete Co., Inc.$123,485.00 $135,800.00
I submit the following report of all bids received which were C. Destro Development Co., Inc. $129,590.00 $141,905.00
opened in my office at 11:00 a.m. on June 30, 1997: Thomann & Loewer Asphalt Paving Corp.
Contract No. 40 G - General Construction: $140,304.20* $152,619.20
Wilsandra Construction Co., Inc. *Adjusted Amount
300 Camden Avenue I hereby certify that the lowest responsible bidder for the above
Buffalo, New York 14216 $ 172,075.00 project is Destro & Brothers Concrete Co., Inc.
Paragon Northeast Corporation, Inc. I respectfully recommend that your Honorable Body order the
775 Main Street, Suite 605 work, the cost thereof to be charged to the Capital Projects
Buffalo, New York 14203 $ 211,700.00 Fund 201-401-008-00-000 in an amount of $ 123,485.00, plus
Amherst Construction approved unit prices not to exceed $12,315.00, for a total
150 Milton Road encumbrance of $ 135,800.00. The engineer's estimate for this
Williamsville, New York 14221 $ 237,425.00 work is $ 125,000.00.
John W. Danforth Company The attached is certified to be a true and correct statement of
1940 Fillmore Avenue the two (2) lowest bids received. Under provisions of the
Buffalo, New York 14214 $ 279,875.00 General Municipal Law, any of the bidders may withdraw his
LPG General Construction Corp. bid if an award of the contract is not made by August II, 1997.
PO Box 768 Individual bid submissions are available in our office for
Williamsville, New York 14231 $ 283,300.00 inspection and copies are available upon request.
Contract No. 40E - Electrical Construction Mrs. LoTempio moved:
Tunney Electric, Inc. That the above communication from the Commissioner of
8655 Roll Road Public Works dated July 1, 1997, be received and filed; and
Clarence Centre, New York 14032 $ 11,080.00 That the Commissioner of Public Works be, and he hereby is,
Ferguson Electric Construction Co. authorized to award a contract for the Completion of Lakefront
333 Ellicott Street Blvd., Group #43 1, to Destro Brothers Concrete Co., Inc., the
Buffalo, New York 14203 $ 16,880.00 lowest responsible bidder in the amount of $123,485.00 plus
Weydman Electric, Inc. approved unit prices not to exceed $12,315.00 for a total
747 Young Street encumbrance of $135,800.00, with said cost to be charged to
Tonawanda, New York 14150 $ 18,864.00 Capital Projects Fund #201-401-008-00-000.
I certify that the foregoing is a true and correct statement of all PASSED.
bids received and that Wilsandra Construction Company, Inc., AYES-13. NOES-0.
300 Camden Avenue, Buffalo, New York is the lowest
responsible bidder complying with the plans and specifications NO.29
for Colonel Ward Pump Station Wall Rehabilitation Project, REPORTOFBIDS
Contract No. 4OG with their bid in the amount of $172,075.00 REPAIRTOCITYCURBS-1997
and Tunney Electric, Inc., 8565 Roll Road, Clarence Center, GROUP#441
New York is the lowest responsible bidder complying with the C.C.P.NO.22,2/18/97
plans and specifications for Colonel Ward Pump Station Wall This is to advise your Honorable Body that I have advertised
Rehabilitation Project, Contract No. 40E with their bid in the and received bids on June 4, 1997 for Repair to City Curbs -
amount of $11,080.00. 1997.
I respectfully request that your Honorable Body authorize the In obtaining bids for the above project, I have asked for bids on
Commissioner of Public Works to enter into a contract with a unit price covering the various items of work and material
Wilsandra Construction Company for Contract No. 4OG in the which will be performed. The final cost of the work will be
amount of $172,075.00 plus approved unit prices for an based on the actual measured quantities of materials entering
additional $17,207.50 for a total encumbrance in the amount of into the work and may be either more or less than the total bid.
$189,282.50 and with Tunney Electric, Inc. for Contract No. The following bids were received:
40E in the amount of $11,080.00 plus approved unit prices for Base Bid Unit Price Increase
an additional $1,108.00 for a total encumbrance of $12,188.00 North America Construction Co., Inc.
the cost therefore for this project is to be charged to the $82,841.00 $91,125.10
Division of Water's Capital Project Account, 416-983-502. M.P.J. Contracting, Inc. $90,443.07 $98,727.17
The Engineer's estimate for this project was Sunshine Concrete Co., Inc.
$250,000 for Contract No. 4G and $20,000.00 for Contract No. $97,286.00 $105,570.10
40E. A.B.P. Concrete Construction, Inc.
Mrs. LoTempio moved: $97,411.00* $105,695.10
Master's Edge, Inc. $126,529.00 $134,813.10 bids on a unit price covering the various items of work and
*Adjusted Amount material which will be performed. The final cost of the work will
I hereby certify that the lowest responsible bidder for the above be based on the actual measured quantities of materials
project is North America Construction Co., Inc. entering into the work and may be either more or less than the
I respectfully recommend that your Honorable Body order the total bid.
work, the cost thereof to be charged to the Capital Projects The following bid was received:
Fund 201-401-002-00-000 in an amount of $82,841.00, plus Base Bid Unit Price
approved unit prices not to exceed $8,284.10, for a total Increase
encumbrance of $91,125.10. The engineer's estimate for this Highway Rehabilitation Corp. $399,990.00 $419,989.50
work is $100,000.00. I hereby certify that the lowest responsible bidder for the above
The attached is certified to be a true and correct statement of project is Highway Rehabilitation Corp.
the two (2) lowest bids received. Under provisions of the I respectfully recommend that your Honorable Body order the
General Municipal Law, any of the bidders may withdraw his work, the cost thereof to be charged to the Division of
bid if an award of the contract is not made by July 21, 1997. Engineering 0 & M account #100-401-014-00-561 in an
Individual bid submissions are available in our office for amount of $ 399,990.00, plus approved unit prices not to
inspection and copies are available upon request. exceed $19,999.50, for a total encumbrance of $419,989.50.
Mrs. LoTempio moved: The engineer's estimate for this work is $425,000.00.
That the above communication from the Commissioner of The attached is certified to be a true and correct statement of
Public Works dated June 17, 1997, be received and filed; and the lowest and only bid received for this project.
That the Commissioner of Public Works be, and he hereby is, Heater/Scarifying is specialized construction and Highway
authorized to award a contract for the Repair to City Curbs - Rehabilitation Corp. is one of only several contractor's who
1997, Group #441, to North America Construction Co., Inc., perform this work in the area. Under provisions of the General
the lowest responsible bidder in the amount of $82,841.00 plus Municipal Law, any of the bidders may withdraw his bid if an
approved unit prices not to exceed $8,284. 10 for a total award of the contract is not made by August 11, 1997.
encumbrance of $91,125. 10, with said cost to be charged to Individual bid submissions are available in our office for
Capital Projects Fund #201-401-002-00-000. inspection and copies are available upon request.
PASSED. Mrs. LoTempio moved:
AYES-13. NOES-0. That the above communication from the
Commissioner of Public Works dated June 27, 1997, be
NO.30 received and filed; and
REPORTOFBIDS That the Commissioner of Public Works be, and
COLDMILLINGOFCITYPAVEMENTS he hereby is, authorized to award a contract for
1997/1998 Heater/Scarifying of City Pavements 1997/98, Group #445, to
GROUP#446 Highway Rehabilitation Corp., the lowest responsible bidder in
This is to advise your Honorable Body that I have the amount of $399,990.00 plus approved unit prices not to
advertised and received bids on June 25, 1997 for the Cold exceed $19,999.50 for a total encumbrance of $419,989.50,
Milling of City Pavements 1997/98, Group #446. with said cost to be charged to the Division of Engineering 0 &
In obtaining bids for the above project, I have asked M #100-401-014-00-561.
for bids on a unit price covering the various items of work and PASSED.
material which will be performed. The final cost of the work will AYES-13. NOES-0.
be based on the actual measured quantities of materials
entering into the work and may be either more or less than the NO.32
total bid. REPORTOFBIDS
The following bids were received: OVERLAYOFCITYPAVEMENTS1997/1998
Base Bid Unit Price Increase GROUP#443
Municipal Milling & Mix-in-Place, Inc. This is to advise your Honorable Body that I have advertised
$141,000.00 $148,050.00 and received bids on June 25, 1997 for Overlay of City
Highway Rehabilitation Corp. Pavements 1997/98, Group #443.
$147,300.00 $154,350.00 In obtaining bids for the above project, I have asked for bids on
I hereby certify that the lowest responsible bidder for the above a unit price covering the various items of work and material
project is Municipal Milling & Mix-in Place, Inc. which will be performed. The final cost of the work will be
I respectfully recommend that your Honorable Body order the based on the actual measured quantities of materials entering
work, the cost thereof to be charged to the Division of into the work and may be either more or less than the total bid.
Engineering 0 & M # 100-401-014-00-561 in an amount of The following bids were received:
$141,000.00, plus approved unit prices not to exceed Base Bid Unit Price Increase
$7,050.00, for a total encumbrance of $148,050.00. The Destro & Brothers Concrete Co., Inc.
engineer's estimate for this work is $ $401,660.00 $431,960.50
150,000.00.
Thomann & Loewer Asphalt Paving Corp.
The attached is certified to be a true and correct statement of
$419,410.00 $449,710.50
the two (2) lowest bids received. Under provisions of the
Amherst Paving, Inc. $420,610.00 $450,910.50
General Municipal Law, any of the bidders may withdraw his
C. Destro Development Co., Inc.
bid if an award of the contract is not made by August 11, 1997.
$429,950.00 $460,250.50
Individual bid submissions are available in our office for
*Adjusted Amount
inspection and copies are available upon request.
I hereby certify that the lowest responsible bidder for the above
Mrs. LoTempio moved:
project is Destro & Brothers Concrete Co., Inc.
That the above communication from the
I respectfully recommend that your Honorable Body order the
Commissioner of Public Works dated June 26, 1997, be
work, the cost thereof to be charged to the Division of
received and filed; and
Engineering 0 & M Account # 100-401-014-00-561 in an
That the Commissioner of Public Works be, and
amount of $401,660.00, plus approved unit prices not to
he hereby is, authorized to award a contract for the Cold Milling
exceed $30,300.50, for a total encumbrance of $431,950.50.
of City Pavements 1997/98, Group #446, to Municipal Milling &
The engineer's estimate for this work is $425,000.00.
Mix-in-Place, Inc., the lowest responsible bidder in the amount
The attached is certified to be a true and correct statement of
of $141,000.00 plus approved unit prices not to exceed
the two (2) lowest bids received. Under provisions of the
$7,050.00 for a total encumbrance of $148,050.00, with said
General Municipal Law, any of the bidders may withdraw his
cost to be charged to the Division of Engineering 0 & M #100-
bid if an award of the contract is not made by August 11, 1997.
401-014-00-561.
Individual bid submissions are available in our office for
PASSED.
inspection and copies are available upon request.
AYES-13. NOES-0.
Mrs. LoTempio moved:
That the above communication from June 27, 1997, be
NO.31
received and filed; and the Commissioner of Public Works
REPORTOFBIDS
dated June 27, 1997, be received and filed; and
HEATER/SCARIFYINGOFCITYPAVEMENTS
That the contract for Commissioner Of Public Work be, and he
1997/98
hereby is, authorized to award a overlay of CityPavements
GROUP#445
1997/98, Group #443, to Destro & Brothers Concrete Co.-,
This is to advise your Honorable Body that I have
Inc., the lowest responsible bidder in the amount of
advertised and received bids on June 25, 1997 for
$401,660.00 . plus approved Prices not to exceed $30,300.50
Heater/Scarifying of City Pavements.
fora total encumbrance of $431,950.50, with said cost to be
In obtaining bids for the above project, I have asked for
charged to the Division of Engineering 0 & M #100-401-014-of $59,545.00, with said cost to be charged to the Capital
00-561. Projects Fund 200-402-056.
PASSED. PASSED.
AYES-13. NOES-0. AYES-13. NOES-0.
NO.33 NO.35
REPORTOFBIDS REPORTOFBIDS
REPLACEMENTOFTREEROOTDAMAGED RESTORATIONANDREHABILITATION
SIDEWALKS-CITYWIDE-1997 KLEINHANSMUSICHALL-MECHANICAL,ETC.-PHASE6
GROUP#430 I advertised on May 27, 1997 and received the following sealed
This is to advise your Honorable Body that I have proposals which were publicly opened and read on June 20,
advertised and received bids on July 2, 1997 for 1997:
Replacement of Tree Root Damaged Sidewalks - Citywide - Contract B-2: Minor Interior Rehabilitation, Mechanical John W.
Group #430. Danforth Company $ 64,129.00
In obtaining bids for the above project, I have asked Contract B-3: Minor Interior Rehabilitation, Electrical
for bids on a unit price covering the various items of work and Goodwin Electric $ 21,700.00
material which will be performed. The final cost of the work will Tunney Electric, Inc. $ 25,430.00
be based on the actual measured quantities of materials 1 hereby certify that the foregoing is a true and correct
entering into the work and may be either more or less than the statement of all bids received and that the following companies
total bid. are the lowest responsible bidders in accordance with the plans
The following bids were received: and specifications: Minor Interior Rehabilitation, Mechanical,
Base Bid John W. Danforth Company in the amount of $64,129.00;
P & J Construction Co., Inc. $205,280.00 Minor Interior Rehabilitation, Electrical, Goodwin Electric in the
C & C Contractor's, Inc. $224,990.00* amount of $21,700.00, for a total amount of $85,829.00.
A.B.P. Concrete Construction, Inc. $326,648.75 I recommend that Your Honorable Body authorize the
*Adjusted Amount Commissioner of Public Works to order the work on the basis
I hereby certify that the lowest responsible bidder for the above of the low bid. Funds for this work are available in CPF 200-
project is P & J Construction Co., Inc. 402-038.
I respectfully recommend that your Honorable Body order the Total estimate for this work was $90,000.00.
work, the cost thereof to be charged to the Capital Projects Mrs. LoTempio moved:
Fund 200-401-507-00-000 in an amount of $ 205,280.00. The That the above communication from the
engineer's estimate for this work is $ 200,000.00. Commissioner of Public Works dated June 24, 1997, be
The attached is certified to be a true and correct received and filed; and
statement of the two (2) lowest bids received. Under provisions That the Commissioner of Public Works be, and
of the General Municipal Law, any of the bidders may withdraw he hereby is, authorized to award a contract for Restoration and
his bid if an award of the contract is not made by August 15, Rehabilitation of Kleinhans Music Hall to John W. Danforth
1997. Individual bid submissions are available in our office for Company, in the amount of $64,129.00, for Contract B-2; Minor
inspection and copies are available upon request. Interior Rehabilitation, Mechanical; to Goodwin Electrical, in the
Mrs. LoTempio moved: amount of $21,700.00, for Contract B-3; Minor Interior
That the above communication from the Commissioner of Rehabilitation, Electrical, the lowest responsible bidders with
Public Works dated July 3, 1997, be received and filed; and said cost to be charged to CPF 200-402-038.
That the Commissioner of Public Works be, and he hereby is, PASSED.
authorized to award a contract for Replacement of Tree Root AYES-13. NOES-0.
Damaged Sidewalks - Citywide - 1997, Group #430, to
P & I Construction Co., the lowest responsible bidder in the NO.36
amount of $205,280.00, with said cost to be charged to the REPORTOFBIDS
Capital Projects Fund 200-401-507-00-000. RESTORATIONANDREHABILITATION
PASSED. KLEINHANSMUSICHALL-SITERESTORATION,ETC.
AYES-13. NOES-0. PHASE6
I advertised on May 27, 1997 and received the following sealed
NO.34 proposals which were publicly opened and read on June 20,
REPORTOFBIDS 1997:
RESTORATIONANDREHABILITATION Contract A-1: Site Restoration
KLEINHANSMUSICHALL-GEN.CONSTRUCTION,ETC. Northeast Paving $326,000.00
PHASE6 Greenauer Blacktop Inc. $331,248.00
I advertised on May 27, 1997 and received the following sealed Robert Miller Construction, Inc. $335,000.00
proposals which were publicly opened and read on June 20, Summit Construction Group, Inc. $342,000.00
1997: Chesley Corp. $369,000.00
Contract B-1: Minor Interior Rehabilitation, General Contract A-2: Site Plumbing
Construction A. Gareleck and Sons, Inc. $ 53,523.00
Arcon Management, Inc. $59,545.00 Contract A-3: Exterior General Construction
Robert Miller Construction $82,900.00 Gerald T. Stay Co., Inc. $ 91,298.00
Higgins-Kieffer, Inc. $87,980.00 Summit Construction $112,000.00
Gerald T. Stay Co. $91,298.00 Gianadda Construction $114,680.00
Gianadda Construction Corp. $92,973.00 BSC Construction Co. $116,000.00
BSC Construction Co., Inc. $98,000.00 I hereby certify that the foregoing is a true and correct
The Hadala Corporation $110,300.00 statement of all bids received and that the following companies
Chesley Corp. $116,000.00 are the lowest responsible bidders in accordance with the plans
Summit Construction $129,000.00 and specifications: Site Restoration, Northeast Paving in the
I hereby certify that the foregoing is a true and correct amount of $326,000.00; Site Plumbing, A. Gareleck & Sons in
statement of all bids received and that Arcon Management, Inc. the amount of $53,523.00; Exterior General Construction,
in the amount of Fifty Nine Thousand Five Hundred Forty Five Gerald T. Stay Co. in the amount of $91,298.00, for a total
and 00/100 Dollars ($59,545.00) is the lowest responsible amount of $470,821.00.
bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the
I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis
Commissioner of Public Works to order the work on the basis of the low bid. Funds for this work are available in CPF 201-
of the low bid. Funds for this work are available in CPF 200-402-012.
402-056. Total estimate for this work was $500,000.00.
Total estimate for this work was $65,000.00. Mrs. LoTempio moved:
Mrs. LoTempio moved: That the above communication from the
That the above communication from the Commissioner of Public Works dated June 24, 1997, be
Commissioner of Public Works dated June 24, 1997, be received and filed; and
received and filed; and That the Commissioner of Public Works be, and
That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Restoration and
he hereby is, authorized to award a contract for Restoration and Rehabilitation of Kleinhans Music Hall to Northeast Paving, in
Rehabilitation of Kleinhans Music Hall - Phase 6, to Arcon the amount of $326,000.00, for Site Restoration; to A. Gareleck
Management, Inc., the lowest responsible bidder in the amount & Sons, in the amount of $53,523.00, for Site Plumbing; to
Gerald T. Stay Co., in the amount of $91,298.00 for a total 200-402-023 Division of Buildings.
amount of $470,821.00, the lowest responsible bidders with PASSED.
said cost to be charged to CPF 200-402-012. AYES-BROWN, CZAJKA, FRANCZYK, GRAY, HELFER,
PASSED. KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
AYES-13. NOES-0. QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES-COPPOLA - 1.
NO.37
CHANGEINCONTRACT NO.39
ELMWOOD-VIRGINIAFIRESTATION CHANGEINCONTRACT-CHANGEORDERNO.1
ELECTRICALWORK STRIPINGOFCITYPAVEMENTS-VARIOUSLOCATIONS
I hereby submit to Your Honorable Body the following changes LANELINES1996-97
for the ElmwoodVirginia Fire Station, Electrical Work, Frey CONTRACT#91884600-ACCENTSTRIPE,INC.,
Electric Construction - C #91853600. CONTRACTOR
1. Provide emergency power to the sewer ejector pump I hereby submit to your Honorable Body the following unit Price
and to the sump pump and provide permanent power additions to the contract for the above named project. This
to the pump in Room 214. Add $ 1,222.00 change order was necessary in order to re-stripe Hertel Avenue
The foregoing change results in a net increase in the contract between Delaware Avenue and Starin Avenue. This section of
of One Thousand Two Hundred Twenty Two and 00/100 Hertel was not on the initial project list of streets to be striped
Dollars ($1,222.00). for 1996-97 and was necessary to counter to the New York
Summary: Original Amount of Contract $154,360.00 State Department of Transportation's desire to widen Hertel
Change Order No. 1 (CCP 11/12/96, #111) Add 4,067.00 Avenue.
Change Order No. 2 (CCP 06/10/97, #29) Add 3,438.00 The contract is affected as follows:
Amount of This Change (No. 3) Add 1,222.00 Item No. Item Description Unit Price Quantity Cost
Revised Amount of Contract $163,087.00 12.490 Cleaning & Removal LF $0.18 15,322.0 $2,757.96
These changes could not be foreseen at the time contract was Markings - Lines
let. Costs have been reviewed by the Consulting Architect, 685.01 White Epoxy
Stieglitz, Stieglitz, Mach, and the Department of Public Works Reflectorized LF $0.15 10,075.0 $1,511.25
and found to be fair and equitable. Funds for this work will be Pavement Stripes - 4"/15 mils
available in CPF 200-402-023 - Division of Buildings. 685.02 Yellow Epoxy
I recommend that Your Honorable Body authorize the Reflectorized LF $0.15 14,589.0 $2,188.35
Commissioner of Public Works to issue a change order to the Pavement Stripes - 4"/15 mils
contractor as set forth above. Total Change Order No. 1 $6,457.56
Mrs. LoTempio moved: Contract Summary:
That the communication from the Department of Public Works, Contract Base Bid $50,000.00
dated June 20, 1997, be received and filed; and Change Order No. 1 $ 6,457.56
That the Commissioner of Public Works be, and he hereby is, Total Contract Amount $56,457.56
authorized to issue change order No. 3 to Frey Electric Funds for this change order are available in Capital Project
Construction, with change amounting to an increase of Fund #200-401-021-00-000.
$1,222.00, as more fully described in the above I certify that this change order is fair and equitable for the work
communication, for work relating to Elmwood Virginia Fire involved. I respectfully request that Your Honorable Body
Station, Contract No. 91853600. Funds for this project are to approve the subject change order and authorize the
be charged against the CPF-200-402-023 Account in the Commissioner of Public Works to issue said change order to
Division of Buildings. Accent Stripe, Inc.
PASSED. REFERRED TO THE COMMITTEE ON FINANCE AND THE
AYES-BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, CORPORATION COUNSEL
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 NO.40
NOES-COPPOLA - 1. PERMISSIONTOHIRE
TWOCONSULTANTS
NO.38 TOADDRESSFLAGGEDCONDITIONS
CHANGEINCONTRACT I hereby request permission from Your Honorable Body to
ELMWOOD-VIRGINIAFIRESTATION authorize the Commissioner of Public Works to enter into an
GENERALCONSTRUCTION agreement with two Consultant Engineers (one for fixed
I hereby submit to Your Honorable Body the following changes bridges and one for lift bridges) to perform the necessary
for the Elmwood Virginia Fire Station, General Construction, design, inspection and load rating work required to address
Concept Construction, C #91853600. flagged conditions assessed by the New York State
1. Supply communication console as specified by Department of Transportation. Biannually, the State inspects
the Buffalo Fire Dept. Add $ 1,738.00 all bridges in the City of Buffalo and flags any conditions that
2. Install 60" LF of 6'0" high wood stockade fence are in need of repair.
north of the building. Add $ 1,718.00 After the repair design is complete, we will get a minimum of
3. Eliminate concrete walk at Door 216D. three (3) informal bids from contractors to do the necessary
Deduct $350.00 repairs and report the results of the informal bids to the
The foregoing change results in a net increase in the contract Common Council.
of Three Thousand One Hundred Six and 00/100 Dollars Therefore, the Commissioner of Public Works is asking your
(3,106.00). permission to hire two consultants on a 12-18 month contract.
Summary: Original Amt of Contract $1,265,932.00 The necessary design work funds for this work are available in
Change Order No. 1 (CCP 11 /1 2/96, #1 12) Add 40,289.00 the Division of Engineering bond fund No. 200-401-027-00-
Change Order No. 2 (CCP 04/01/97, #31) Deduct 15,729.00000.
Amount of This Change (No. 3) Add 3,106.00 REFERRED TO THE COMMITTEE ON FINANCE AND THE
Revised Amount of Contract $1,293,598.00 CORPORATION COUNSEL
These changes could not be foreseen at the time contract was
let. Costs have been reviewed by the Consulting Architect, NO.41
Stieglitz, Stieglitz, Mach, and the Department of Public Works ELMWOODAVENUE;
and found to be fair and equitable. Funds for this work will be PLANTERSWITHIN
available in CPF 200-402-023 - Division of Buildings. CITYRIGHT-OF-WAY
I recommend that Your Honorable Body authorize the Mr. Don Zinteck of the Elmwood Task Force has requested
Commissioner of Public Works to issue a change order to the permission to install nine concrete planters at various locations
contractor as set forth above. within City right-of-way on Elmwood Avenue between Bidwell
Mrs. LoTempio moved: Parkway and Forest Avenue.
That the communication from the Department of Public Works, The proposed planters are round in shape, measure 3.5' in
dated July 3, 1997, be received and filed; and diameter, and 2' in height.
That the Commissioner of Public Works be, and he hereby is, The Department of Public Works has reviewed the Elmwood
authorized to issue change order No. 3 to Concept Task Force's application pursuant to Chapter 413-67
Construction, an increase in the amount of $3,106.00, as more (Encroachment Regulations) of the City Ordinances and has
fully described in the above communication, for work relating to no objection to Your Honorable Body authorizing the
the Elmwood-Virginia Fire Station, General Construction, C Commissioner of Public Works to issue a "mere license" for
#91853600. Funds for this project are to be charged to CPF said installation provided the following conditions are met:
1. That the applicant obtain any and all other City of the following conditions are met:
Buffalo permits necessary. 1. That the applicant obtain any and all other City of Buffalo
2. That the planters be installed exactly as shown on permits necessary for said installation.
plans submitted to and approved by the Department of 2. That the awning be installed exactly as shown on plans
Public Works, Division of Engineering. submitted to and approved by the Department of Public
3. That the applicant be responsible for maintenance of Works, Division of Buildings.
the planters as long as they remain within City right-of-3. That the applicant supply the City of Buffalo with a five
way. thousand dollar construction in street bond or certificate
4. That the applicant be responsible for the relocation of of insurance which will indemnify and save harmless the
any existing underground utilities affected by said City of Buffalo against any and all loss and damage
installation. arising out of construction, maintenance, use and
5. That the applicant supply the Department of Public removal of said awning.
Works with a five thousand dollar construction in street Mrs. LoTempio moved:
bond or Certificate of Insurance which will indemnify That the Commissioner of Public Works be and he hereby is
and save harmless the City of Buffalo against any and authorized to grant permission to Mr. Herb Bellamy, owner of
all loss and damage arising out of the construction, 1490 Jefferson Avenue, to install an awning which would
maintenance, use and removal of said planters. encrouch City right of way at said address to measure 8.5 feet
Mrs. LoTempio moved: in length and 4 feet in height and extend 4 feet from the
That the communication from the Department of Public Works, building face into City right of way subject to conditions as set
dated July 2, 1997, be received and filed; and in the above communication.
That the Commissioner of Public Works be, and he hereby is PASSED.
authorized to issue a “mere license" to Mr. Don Zinteck, of the AYES-13. NOES-0.
Elmwood Task Force, to install nine (9) concrete planters at
various locations on Elmwood Avenue between Bidwell NO.44
Parkway and Forest Avenue, which would encroach city right-DIFFERENCEINSALARY-R.HALL
of-way with conditions as listed in the above communication. Mr. Richard Hall, a Laborer 11 in the Division of Engineering is
PASSED. on disability from 11/96. Pursuant to the City Ordinance,
AYES-13. NOES-0. Chapter 35, Article VI, Sec. 22, each employee is entitled to a
difference in pay allowance under provisions of the Workers
NO.42 Compensation Law.
1009ELMWOODAVENUE; Therefore, Mr. Hall is entitled to a difference in pay. The
REQUESTSPERMISSIONTOINSTALL normal salary for 10 days - $942.40. Less deductions for
SIDEWALKCAFE NYSTATE -$35.55. FEDERAL $89.60; FICA - $58.43;
Ms. Grace McGroder, owner of Cones-N-Cakery, located at MEDICARE - $13.66 and NY State Retirement $28.27 for a
1009 Elmwood Avenue, has requested permission to install a total of $225.51 for deductions. Less payments by
sidewalk cafe which would encroach City right-of-way at said Compensation Carrier in the amount of 665.38 amount due to
address. employee for check date 3/27/97 is $51.51. Employee is also
The proposed cafe measures twenty feet (20') in length and due monies for check dates:
projects eight feet (8') from the building face into City right-of-4/11/97 - $184.59 - compensation paid employee $532.30
way. 4/25/97 - $184.59 - "
The Department of Public Works has reviewed Ms. 5/9/97 - $184.59 - "
McGroder's application pursuant to Chapter 413, Section 59 5/23/97 - $184.59 - "
(Sidewalk Cafes) of the City Ordinances and has no objection 6/6/97 - $184.59 - "
to Your Honorable Body authorizing the Commissioner of 6/20/97 - $184.59 - "
Public Works to issue a "Mere License" for said sidewalk cafe Total Due employee $1,159.05, employee has returned to work
provided the following conditions are met: on 6/23/97.
1. That the applicant obtain any and all other City of Buffalo REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
permits necessary.
2. That the sidewalk cafe be installed exactly as shown on NO.45
plans submitted to and approved by the Department of CERTIFICATEOFAPPOINTMENT
Public Works, Division of Buildings. Appointment Effective June 23, 1997 in the Department of
3. That the sidewalk cafe does not exceed twenty feet (20') Public Works Division of Water to the Position of Principal
in length or extend more than eight feet (8') from the Engineer, Permanent, at the Maximum Starting Salary of
building face. $56,523
4. That no portion of the sidewalk cafe be permanent in Paul Gareis, 383 Linden Avenue, Buffalo, New York 14216
nature or permanently affixed to the main building or REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
public sidewalk.
5. That the sidewalk cafe be completely removed from City NO.46
right-of-way from November 15 to April 1 each year. CERTIFICATEOFAPPOINTMENT
6. That the applicant be assessed the annual fee of two Appointment Effective July 1, 1997 in the Department of
dollars per square foot of City right-of-way occupied by Public Works, Division of Buildings to the Position of Building
said sidewalk cafe as described in Chapter 413, Article Superintendent, Permanent, at the Intermediate Starting Salary
IX, Section 59 (Sidewalk Cafes) of the City Ordinances. of $42,024.
(20' x 8' =160 x $2.00/ft. = $320.00/year) Richard A. Sacco, 33 Parkview Avenue, Buffalo 14210
7. That the applicant supply the City of Buffalo with a five REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
thousand dollar ($5,000.00) construction in street bond
or certificate of insurance which will indemnify and save FROMTHECOMMISSIONEROFPOLICE
harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, NO.47
use and removal of said sidewalk cafe. ITEMNO.104,C.C.P.2/2/88
REFERRED TO THE COMMITTEE ON LEGISLATION. 3110-97-008 8155-00105629 $ 864.00
TOTAL DEPOSIT $ 864.00
NO.43 The above referenced property has been administratively
1490JEFFERSONAVENUE forfeited by the Drug Enforcement Administration. (DEA).
AWNINGWITHINCITYRIGHT-OF-WAY These checks were received by this Department and duly
Mr. Herb Bellamy, owner of the property located at 1490 deposited in the Trust & Agency Account, #610-200-217-00-
Jefferson Avenue, has requested permission to install an 300.
awning which would encroach City right-of-way at said RECEIVED AND FILED.
address.
The proposed awning would measure 8.5 feet in length, 4 feet NO.48
in height, and extend 4 feet from the building face into City CERTIFICATEOFAPPOINTMENT
right-of-way. Appointment Effective: June 21, 1997 in the Department of
The Department of Public Works has reviewed Mr. Bellamy's Police, to the Position of Senior Auditor, Permanent, at the
application pursuant to Chapter 413-56 (Awnings, Canopies Maximum Starting Salary of $ 36,001.
and Marquees) of the City Ordinances and has no objection to Daniel P. Bohen, 156 McKinley Parkway, Buffalo, New York
Your Honorable Body authorizing the Commissioner of Public 14220
Works to issue a "Mere License" for said installation provided REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Councilmember wishes to bring an Article 78 proceeding
FROMTHECOMMISSIONEROFFIRE against the Board to nullify the decision made by the Board.
NO.49 Procedurally, the Article 78 was not brought in a timely
CERTIFICATEOFAPPOINTMENT manner. The Article 78 should have been commenced within
Appointment Effective July 1, 1997 in the Department of thirty (30) days of the date the original determination was made
Fire, to the Position of Motor Equipment Maintenance by the Board and thirty (30) days from when the Board decided
Supervisor , permanent, at the maximum Starting Salary of not to reconsider their original determination. In both
$31 589 instances, the statute of limitations had run out. Reviving the
Michael A. Ries, 97 Erb Street, Buffalo, 14215 matter is unlikely, no matter whether the Law Department or
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. outside counsel tries to accomplish it. Outside counsel would
FROMTHECORPORATIONCOUNSEL be engaged to research whether an action is beyond the statute
of limitations and then, if it manages to find a way to do so,
NO.50 bring an action against the Board.
COMERV.CUOMOSETTLEMENT,BMHA Factually, the Board appears to have rendered its
DECREEMODIFICATION decision for reasons that are neither arbitrary nor capricious.
C.C.P.SPECIALSESSION8/9/96NO.2 The Board exists in part to prevent community opposition and
This communication is for informational purposes councilmanic influence from swaying impartial, detached
only and no action is required of this Honorable Body. This zoning decisions. By allowing for public hearings, the Board
Honorable Body adopted a resolution on August 9, 1996, has the opportunity to hear the community's view and to take
C.C.P. (Special Session), No. 2, approving the City of that into consideration when they render their decision. Since
Buffalo's entry into Stipulations of Settlement and Consent the Board followed the proper procedure at all times and made
Decrees to settle Comer v. Cisneros (now Comer v. Cuomo,its determination based on the facts of that particular case, an
with the change in Secretary of Housing and Urban Article 78 proceeding against the Board is not likely to result in
Development), a longstanding federal housing discrimination a victory for the City.
action pending in the U.S. District Court. The BMHA Decree For the above reasons, the Law Department would
(which settled the BMHA or public housing portion of the conclude that declaring a conflict of interest and hiring outside
action) and the Sec. 8 Decree (which settled the counsel would be a waste of time and money and bring no
Comer
positive result for the Council. However, if it is the will of the
Rental Assistance Corp. and Belmont Shelter portions of the
Council, a conflict of interest can be declared and outside
action), were filed on August 13 with Judge Curtin.
Comer
counsel can be engaged to pursue the matter further.
The court conducted a fairness hearing on September 4 and
REFERRED TO THE COMMITTEE ON LEGISLATION.
approved the Consent Decrees on September 9.
The BMHA Decree contained a condition that, if a
NO.52
federal grant under the HOPE VI program failed to provide
POLLINGPLACE-LOVEJOY26
funds sufficient to fulfill the BMHA's commitments under the
Attached for your consideration and approval is a
decree, the parties could negotiate and modify the decree,
request from the Erie County Board of Elections to use the
with plaintiffs and HUD each having the ability to void that
Kensington-Bailey Community Center as a polling place for
decree if no settlement was reached. Unfortunately, since
Lovejoy 26. State regulations require the use of handicapped-
HUD only provided partial funding for demolition and
accessible facilities wherever possible and the Community
reconfiguration activities called for in the decree, that
Center is an improvement over the current polling place.
condition occurred. As a result, performance under the
Expedient handling of this matter is requested in order
BMHA Decree has been delayed. Since the establishment of
to facilitate printing and publication of notices and maps
a Community Housing Center was called for under both
containing the new location.
decrees, the Request for Proposals to identify the operator of
RECEIVED AND FILED.
the center was not published until the BMHA Decree was
modified, delaying performance under the Sec. 8 Decree as
FROMTHECOMMISSIONEROFCOMMUNITY
well.
DEVELOPMENT
The parties on the BMHA side of the case
proceeded to negotiate modifications to the BMHA Decree
NO.53
and have reached agreement in principle and on the
LICENSESISSUEDINMAY1997
amending text. Attached for your information is a copy of the
I am respectfully submitting the enclosed report of licenses
stipulation to implement the amendment and the changes in
issued in May 1997 by the Division of Inspections, Licenses
the BMHA Decree. None of these changes affects the City's
and Permits.
commitments under this decree. Essentially, for plaintiffs
RECEIVED AND FILED
and HUD dropping their respective abilities to void this
decree, adjustments were made to the relief afforded by HUD
NO.54
and BMHA to plaintiffs (in particular those currently residing
BROADWAYFILLMORECOMMERCIALDISTRICT
in BMHA residences). As a result of the months of delay
URBANRENEWALPLAN
while these modifications were negotiated, the timeline for the
APPROVALOFCONTRACTFORSALEOFLAND
parties' performance and the life of this decree has been
MARKETSQUAREAT1021BROADWAY
extended, with start dates generally now arising from entry of
Attached herewith is a Contract For Sale of Land by
the amended text.
and between the City of Buffalo Urban Renewal Agency and
With lead counsels' approval of the amended text,
Market Square at 1021 Broadway.
the Request for Proposals for the Community Housing
It is now necessary for Your Honorable Body to set a
Center has been published, and the Sec. 8 Decree is being
date for a public hearing, and to direct the publication of a
implemented. With approval by the other parties (particularly
notice of said hearing. In the interest of time and anticipating
the federal government and BMHA), and court approval, the
that Your Honorable Body is willing to expedite this matter, I
BMHA Decree as modified will be performed. The court
have taken the liberty to prepare a Resolution together with a
approved this amended decree on June 26.
Notice of Public Hearing for your action.
RECEIVED AND FILED.
Forwarded herewith are the following documents:
1.Resolution setting Public Hearing
NO.51
2.Notice of Public Hearing
CONFLICTOFINTEREST-1715JEFFERSON
3.Resolution approving proposed Land Disposition
ITEMNO.171,C.C.P.,6/24/97
Agreement
You have requested the Corporation Counsel to offer
4.Proposed Land Disposition Agreement
guidance on whether a conflict of interest should be declared
After the Public Hearing is held, Your Honorable Body
and outside counsel engaged to represent the City regarding
may adopt a Resolution authorizing the Mayor to execute the
the zoning issues related to 1715 Jefferson. The fundamental
necessary documents for the disposition of the land to the
question is whether the expense of hiring outside counsel is
Market Square at 1021 Broadway.
justified in light of the facts of this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY
The Corporation Counsel does see some justification
DEVELOPMENT.
in declaring a conflict of interest in this case. The Law
Department's representation of both the Common Council (the
NO.55
"Council") and the Zoning Board of Appeals (the "Board") can
BUFFALOPLACE,INC.-REQUESTTOAPPROVE
easily present a situation wherein the parties may be at odds
CONTRACT
with the position of the other. In this instance, the Board
Attached for your consideration and approval is the
performed its function with a result against the wishes of the
Agreement between the City of Buffalo and Buffalo Place, Inc.
affected community and the District Councilmember. The
for the management, maintenance and promotion of the area Franczyk Park Barriers. Funds for this project are to be
known as Buffalo Place. The agreement is for a term of four charged to Bond Fund Account 200-717-024.
years expiring June 30, 2001. PASSED.
Mrs. LoTempio moved: AYES-13. NOES-0.
That the communication from the Department of Community
Development, dated July 3, 1997, be received and filed; and NO.59
That the Mayor be, and he hereby is, authorized to execute the NIAGARASQUARETREES
agreement with Buffalo Place, Inc. for the management, CHANGEORDER1
maintenance and promotion of the area known as Buffalo I am hereby requesting that Your Honorable Body
Place. The agreement is for a term of four (4) years expiring approve a change order in the amount of $2400 to the above
June 30, 2001. contract which will bring the total amount of the contract to
PASSED. $5791.
AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, The additional work included root feeding, pruning,
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, regrading of tree pits and mulching all trees in Niagara Square
WILLIAMS, ZUCHLEWSKI-12. our engineering staff has found the prices to be fair &
NOES-QUINTANA-0. reasonable.
I recommend that Your Honorable Body authorize
NO.56 the City to order the work. Funds for this work are available in
REFUND-OVERPAYMENT Bond fund Account 200-717-024.
1225HERTELAVENUE Mrs. LoTempio moved:
I am requesting to have money refunded to the owner of the That the communication from the Department of Community
Multiple Dwelling, for overpayment on a Certificate of Development, dated July 1, 1997, be received and filed; and
Occupancy. That the Commissioner of Community Development be, and he
Property: 1225 Hertel Ave.- hereby is, authorized to issue change order No. 1, an increase
Owner: 1225 Hertel C/O Daniel Cortese in the amount of $2,400, as more fully described in the above
19 Brookedge communication, for work relating to Niagara Square trees.
Depew, N.Y. 14043 Funds for this project are to be charged to Bond Fund Account
Owner overpaid for the Certificate of Occupancy by $150.00. 200-717-024.
owner paid: $525.00 PASSED.
Fee required: $375.00 AYES-13. NOES-0.
Overpayment: $150.00
If you have any questions or require additional documentation NO.60
please contact Gary W. Ziiolkowski at 851-5929. CHANGEINCONTRACT91838700
REFERRED TO THE COMMITTEE ON CLAIMS AND THE ALLENDALETHEATER
CORPORATION COUNSEL. HVACCONSTRUCTION
During the construction of the above project certain
NO.57 items that were unforeseen at the time the bids were let,
LANIGANPLAYGROUNDIMPROVEMENTS required attention. Therefore, we recommend that the following
CHANGEORDER1 changes be made to Contract 91838700 with Buffalo Sheet
I am hereby requesting that Your Honorable Body Metals, Inc.
approve a change order in the amount of $2626 to the above Relocate return air ductwork of roof top unit above
contract which will bring the total amount of the contract to stage from below stage floor to new location on stage roof due
$47,296. to numerous factors including additional clearances at stage
The additional work included additional asphalt to right for theatrical equipment requirements.
level the existing surface prior to building the new basketball Add $12,616.78
courts and additional fence work requested by the Parks Contract Summary:
Department. Our engineering staff has found the prices be fair Original Contract Amount $152,800.00
& reasonable. Change Order No. 1 (This Increase) $12,616.78
I recommend that Your Honorable Body authorize New Contract Amount $165,416.78
the City to order the work. Funds for this work are available in These cost have been reviewed and approved by
Bond Fund Account 200-717-012. Trautman Associates, project architectural consultant. Funds
Mrs. LoTempio moved: for this extra work are available in C.P.A. 200717-041.
That the communication from the Department of Community I recommend that Your Honorable Body authorize
Development, dated June 27, 1997, be received and filed; and the Commissioner of Community Development to issue a
That the Commissioner of Community Development be, and he change order to Buffalo Sheet Metals, Inc. as set forth above.
hereby is, authorized to issue change order No. 1, an increase Mrs. LoTempio moved:
in the amount of $2,626, as more fully described in the above That the communication from the
communication, for work relating to Lanigan Playground Department of Community Development, dated July 2, 1997,
Improvements. Funds for this project are to be charged to be received and filed; and
Bond Fund Account 200-717-012. That the Commissioner of Community
PASSED, Development be, and he hereby is, authorized to issue change
AYES-13. NOES-0. order No. 1, to Buffalo Sheet Metals, Inc., an increase in the
amount of $12,616.78, as more fully described in the above
NO.58 communication, for work relating to Allendale Theater, HVAC
FRANCZYKPARKBARRIERS Construction, Contract 91838700. Funds for this project are to
CHANGEORDER1 be charged to C.P.A. 200-717-041.
I am hereby requesting that Your Honorable Body PASSED.
approve a change order in the amount of $1595 to the above AYES-13. NOES-0.
contract which will bring the total amount of the contract to
$15,467. NO.61
The additional work was ordered at the request of HILLERYPLAYGROUNDIMPROVEMENTS
the Commissioner of Human Service, Parks and Recreation to I hereby request permission to take bids for the
repair storm damage to the fence around the tennis courts in above project; and have asked for and received the following
Schiller Park. This work was necessary to correct an bids for Hillery Playground improvements on July 1, 1997:
emergency situation to make the courts playable for high COMPANY BID
school leagues that were schedule to play there. Johnstone Landscaping $39,620
I recommend that Your Honorable Body authorize Chesley Corporation $42,700
the City to order the work. Funds for this work are available in Gleason's Nursery Bid withdrawn without penalty
Bond Fund Account 200-717-024. I hereby certify that the foregoing is a true & correct
Mrs. LoTempio moved: statement of the bids received. We are accepting the low base
That the communication from the bid of $39,620. Therefore, Johnstone Landscaping, 2508
Department of Community Development, dated June 27, 1997, Stony Point Road, Grand Island is the lowest responsible
be received and filed; and bidder in accordance with the plans & specifications.
That the Commissioner of Community I recommend that Your Honorable Body authorize
Development be, and he hereby is, authorized to issue change the City to order the work on the basis of the low bid. Funds for
order No. 1, an increase in the amount of $1,595, as more fully this work are available in Bond Fund Account 200-717-051.
described in the above communication, for work relating to Mrs. LoTempio moved:
That the above communication from the Lovejoy council districts. The City will provide 25 %
Commissioner of Community Development dated July 3, 1997, of the total rehab cost as a match for other rehab
be received and filed; and dollars committed to the renovation of the house by
That the Commissioner of Community the purchaser. For example, if the home needs
Development be, and he hereby is, authorized to award a $60,000 for repairs, the City will provide $15,000 or
contract for Hillery Playground Improvements to Johnstone 25 % of the total cost, toward the work. The cost of
Landscaping, the lowest responsible bidder with said cost to be purchasing the house is not included in the
charged to Bond Fund Account 200-717-051. calculation for the matching funds. The additional
PASSED. funds needed for rehab may be obtained through the
AYES-13. NOES-0. federal 203K program or private lender sponsored
rehab program.
NO.62 Note - We have had one application for this program
RIVERSIDEPARKTENNIS& from a police officer who is purchasing a City-owned
BASKETBALLCOURTRECONSTRUCTION house at 97 Grey Street.
I hereby request permission to take bids for the Proposed
above project; and have asked for and received the following In January, 1995 a proposal was made to the BPD
bids for Riverside Park tennis & basketball court reconstruction that a new program be established specifically for
on July 1, 1997: police officers. For newly purchase homes, a loan of
COMPANY BID Add Alt 1 ALT.2 ALT.3 ALT.4 up to $20,000 per unit (maximum 2 units) at 4 %
G.B.H. Paving $82,348 1068 8393 44,045 3846 interest for up to 20 years would be available to
ALT 5 ALT.6 ALT 7 officers for substantial rehab work (i.e. correcting
501 6167 4051 significant code violations). We have no inquiries
I hereby certify that the foregoing is a true & correct regarding this program from any member of the
statement of the bids received. We are accepting the low base police force.
bid of $82,348 plus add alternates 1 - 6 ($64,020) for a total bid We have had many inquiries from officers who would like us to
of $146,368. Therefore, GBH Paving 24 Willow Green Drive, provide subsidy funds for construction of a new home on a lot
Amherst, New York is the lowest responsible bidder in of their choice - generally in North or South Buffalo. In keeping
accordance with the plans & specifications. with program regulations, all of our programs have specific
I recommend that Your Honorable Body authorize target areas with lots assigned for development. We have no
the City to order the work on the basis of the low bid. Funds for means or authorization through the CDBG or AHC regs to
this work are available in Bond Fund Account 200-717-012 and provide subsidies for new construction in non-approved areas
in Community Development Block Grant Funds. outside the target neighborhoods. HUD has always required
I also that request Your Honorable Body accept that funds be provided in conjunction with development of
$105,000 in Block Grant Funds which will be transferred to a "public safety action plans in inner-city neighborhoods. "
City Bond Account to encumber this project.
Mrs. LoTempio moved: All interested officers are referred directly to builders who have
That the above communication from the subsidies available. For the newly proposed HUD program
Commissioner of Community Development dated July 2, 1997, using existing HUD homes, we may need to set up a loan or
be received and filed; and grant program to provide rehab funds at an attractive rate. If
That the Commissioner of Community our current programs are any indicator, the availability of $100
Development be, and he hereby is, authorized to award a homes may not be enough incentive alone to encourage an
contract for Riverside Park Tennis & Basketball Court officer to locate in a distressed area.
Reconstruction to G.B.H. Paving, the lowest responsible REFERRED TO THE COMMITTEE ON COMMUNITY
bidder, the low base bid of $82,348 plus add alternates 1-6 DEVELOPMENT.
($64,020) for a total bid of $146,368 with said cost to be
charged to Bond Fund Account 200-717-012 and in NO.64
Community Development Block Grant Funds. DEMO.ABANDONEDPROP.WENDEANDZENNER
PASSED. STREET
AYES-13. NOES-0/ ITEMNO.194,C.C.P.5/27/97
I am in receipt of the above stated Common Council
NO.63 Communication and wish to supply your Honorable Body with
ESTABLISHOFFICERNEXTDOORPROGRAM the following information. We in the Department of Community
C.C.P.#98-B,6/24/97) Development, Division of Inspections, Licenses and Permits
The Department of Community Development has available or are aware of the Conditions of the structures your Honorable
proposed three programs to encourage police officers, Body is referring to as dilapidated and vacant...As your
firefighters and teachers to purchase home sin the City of Honorable.-Body is aware the Division of Inspections, Licenses
buffalo. Each program is governed by Community and Permits is compiling a bulk demolition bid to be opened on
Development Block Grant regulations regarding participant July 17, 1997 for the razing of both privately owned and City
eligibility -- that is, each program must qualify under a 'national owned properties. My staff has informed me that we are
objective", specifically, it must benefit a low or moderate including all buildings, in this area that are clear of asbestos
income household or aid in the elimination of slums and blight. containing materials and have legal clearance in this bid
Currently Available package. It is my sincere hope that this response satisfies
A limited number of subsidies for CDBG funded new your inquiry.
housing construction in approved Neighborhood REFERRED TO THE COMMITTEE ON LEGISLATION.
Revitalization Strategy Areas are available to
households with incomes greater than 80%, but less NO.65
than 100%, of the area median income. In order to BFLO./FT.ERIEAUTH.-VACANTPROP.173PORTER
encourage purchases by police officers, firefighters ITEMNO.131,C.C.P.9/3/96
and teachers, the Department has waived the I am in receipt of the above stated Common Council
income limits for qualifying for these subsidies if the communication and wish to supply your Honorable Body with
applicant is a City of Buffalo police officer, firefighter the following information. As a result of you inquiry, a Building
or teacher. At this time, only the Towne Gardens Inspector was dispatched to inspect this property. Violations
New Housing Project (James Management - cited on this building include needed repairs to the roof, parking
Developer) has subsidies available in this category. lot, siding, brickwork, storm drain, electrical wiring, fence and
Note - Newly hired single police officers, firefighters removal of debris in the adjacent lot. The Department of
or teachers with an entry level salary less than 100% Assessment records show the owner of this property to be
of the area median also qualify for AHC new housing Duty Free International, C/O Ronald G. Rerckenwald, Glen
subsidy assistance. (The income limit for a one Burnie Maryland 21060. The Building Inspector has also
person household under the AHC program is contacted a Mr. Steven Zucher of the Duty free International
$29,800 with increases allowed based on family Corporation. Mr. Zucher was to possibly use this building for a
size. However, most salaries above the entry level warehouse and office. At this time no plan has been brought
grades are higher than the allowable limits.) forward for the use of the structure or have any of the
The Neighborhood Focus - Housing Preservation outstanding violations been corrected. The current status of
Program, approved by BURA in February, 1997, this property with the Department of Community Development,
provides up to $20,000 in grant funds to be used for Division of Inspections, Licenses and Permits is that the
rehabilitation as part of the purchase of an existing property is in violation of the Housing and Property Code of the
home in the Masten, Ellicott, Niagara, Fillmore and City of Buffalo. A summons and complaint is being issued for
Housing Court. Please rest assured that out Department will of Labor Relations, effective June 23, 1997. Ms. Sieckmann
follow this case to a satisfactory resolve. It is our sincere hope will be compensated at an annual salary of $38,557.
that this response satisfies your inquiry. RECEIVED AND FILED.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.72
NO.66 CERTIFICATEOFAPPOINTMENT
F.FABOZZI Appointment Effective June 30, 1997 in the Department of
MINUTES-MEETINGREGARDINGGATINGISSUE Administration & Finance, Division of Administrative
C.C.P.6/24/97,ITEM#89 Adjudication, to the Position of Legal Aide, Provisional, at the
The Department of Community Development was Maximum Starting Salary of $24,527
not represented at the June 7, 1997 community gating meeting Susan C. LoVallo, 12 Wellington Road, Buffalo, NY 14216
held at the Immaculate Conception School. We, therefore, REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
cannot comment on the accuracy of the meeting minutes.
REFERRED TO THE COMMITTEE ON LEGISLATION. NO.73
AFFIRMATIVEACTIONPLAN
NO.67 ITEMNO.,173,C.C.P.1/1/97
REDEVELOPMENTPLANFORAM&A'SBUILDING A monthly committee meeting has been established, consisting
RES#206-6/24/97 of the following people: Brian Stocker, Emilio Fuentes, Pat
The Department of Community Development has assigned Frauenheim, Maureen Oakley, Alberto del Valle, Don Allen,
Debra O'Shea as the Downtown Project Manager relative to Otis Glover, G.G. Herndon, Ruth Luchey-Toliver, Lee Mallory,
AM&A's. Mrs. O'Shea has been in regular contact with the and David Hayes, to review the City of Buffalo Affirmative
owner of AM&A's, Mr. Rick Taylor. Action Plan. Deputy Director of Labor Relations, Brian
Mr. Taylor plans to create city core within our city core" bringing Stocker, is the EEO Coordinator for the Affirmative Action Plan
back personalized service, high quality goods and innovative and will be the coordinating this meeting.
styles. He plans to transform this building into a bustling This committee is requesting that your Honorable Body amend
marketplace with a number of shops, restaurants and services the current Affirmative Action Plan. It is our recommendation
including a "grown-up" nightclub, quality clothing stores for that the goals and objectives, as well as, the reporting
men and women, quality produce and baked goods shops, a requirements be reassigned from the commissioner's
dry cleaning service and shopping service which will include responsibility to the EEO Coordinator. This change will enable
delivery and a classy breakfast meeting venue. the committee create action plans, assign responsibilities, set
Mr. Taylor plans to develop in stages and create projects which goals and objectives, and implement recommendations.
will take shape naturally allowing entrepreneurial concepts to With regard to the Water Authority, this entity is, and still will
mature. He plans to develop this property responsibly and will be, operated by City of Buffalo employees and fall under the
open when a significant percentage of the building space is authority of the City of Buffalo Affirmative Action Plan. This
leased which he estimates to be Spring 1998. He is quite operation is only one segment of many departments and
cognizant, indeed sensitive to Buffalo's pivotal position divisions within City service, and it will be reviewed and
geographically relative to the Southern Ontario/Western New analyzed in accordance with the plan.
York region and sees Buffalo as the hub of this emerging As we have previously responded to your Honorable Body, this
economic zone. Mr. Taylor is not seeking any government committee will be focusing on the continuous improvement of
subsidies. Indeed, he believes that tax incentive subsidize all aspects of the City's affirmative action goals and objectives.
outside competition to local businesses. After further analysis of issues such as: accuracy of current
In conclusion, the City of Buffalo has monitored the situation data and establishing a fail-safe system to gather accurate
closely and carefully but does not feel that there is any data, proper catagorization of titles, scope of authority
justification to interject itself into this private sector undertaking throughout various City agencies, census data, etc., an
which is being responsibly approached by Mr. Taylor and with estimate time table for a proactive approach to recruiting and
full recognition of the economic, emotional and psychological hiring should be in place by September 1, 1997. Please
significance of this project for Downtown Buffalo. understand that this will be an ongoing process.
REFERRED TO THE COMMITTEE ON COMMUNITY We will keep your Honorable Body up to date with further
DEVELOPMENT. developments. If you have any questions, you can contact,
Brian Stocker, at 5900.
NO.68 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
ELECTTOPARTICIPATEINEARLY
RETIREMENTINCENTIVEPROGRAM FROMTHECOMMISSIONEROFHUMANSERVICES,
CCP#184-MAY27,1997 PARKSANDRECREATION
Pursuant to the directive of your Council, Item No. 184, NO.74
Resolution of May 27, 1997, Elect to Participate in Early RENAMEGLEASNER/MANHATTANPK-ROBERSON
Retirement Incentive Program (S6773; A9817), the Vice PARK
Chairman of BURA is exploring the possibility of offering the #153C.C.P.JUNE10,1997
Early Retirement Incentive Program. I have reviewed the resolution to rename Gleasner/Manhattan
RECEIVED AND FILED. Park in honor of Kevin Roberson. I have no objection to the
resolution.
NO.69 I would suggest to Council that in the future, Council consider
CERTIFICATEOFAPPOINTMENT other options, such as a memorial plaque at an appropriate site.
Appointment Effective May 2, 1997 in the Department of Renaming existing facilities sometimes causes confusion to the
Community Development, Division of Inspections Licenses & general public and may even cause resentment in the
Permits, to the Position of Supervisor of Slum & Blight, neighborhood, if not thoroughly researched. For example, has
Provisional, at the Maximum Starting Salary of $40,328 anyone researched the "Gleasner"name, how the park was
Frank DiJames, 32 Lovering Avenue, Buffalo, New York 14216 originally named, any remaining family members, etc?
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Council should be aware that the possibility exists that by
honoring one notable individual, they may be unintentionally
FROMTHECOMMISSIONEROFADMINISTRATIONANDslighting another.
FINANCE Memorial plaques, "Walls of Fame", or some other similar
alternative, may give Council the opportunity to honor many
NO.70 outstanding individuals from the same neighborhood.
APPOINTMENT-JAMESB.MILROY RECEIVED AND FILED.
I hereby reappoint Mr. Milroy to his position as Budget Director
in the Department of Administration & Finance effective NO.75
Monday, June 23, 1997. CERTIFICATEOFAPPOINTMENT
RECEIVED AND FILED. Appointment Effective July 1,1997 in the Department of Human
Services Division of Parks, to the position of Head Grower,
NO.71 Provisional, at the Maximum Starting Salary of $31,589
APPOINTMENTTOTHEPOSITIONOFASSISTANTJeffrey Krajnik, 69 Sterling, Buffalo 14216
DIRECTOROFLABORRELATIONS REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Pursuant to the powers vested in me under the provisions of
Sections 71 and 295.19 of the Charter of the City of Buffalo, I FROMTHECIVILSERVICECOMMISSION
have appointed Laura B. Sieckmann, 243 Summit Avenue,
Buffalo, New York 14214, to the position of Assistant Director NO.76
ESTNONRESIDENTFEESFORCIVIL NO.79
SERVICEAPPLICATIONS AUTOALLOWANCE
ITEM#201CCP5/27/97 The following departments have filed the required
In response to your inquiry regarding the establishment certificate relative to the granting of automobile transportation
of non-resident fees for Civil Service Applicants, please be allowances for employees in their respective departments:
advised of the following: Fire-Ronald T. Looby
In accordance with Section 50 of Civil Service Law RECEIVED AND FILED.
titled Examinations Generally, Subsection 5B - Application fees
states as follows: NO.80
"... a municipal commission, subject to the approval of LIQUORLICENSEAPPLICATIONS
the governing board or body of the city or county, as the case Attached hereto are communications from persons applying for
may be ... may elect to waive application fees ... or to establish liquor licenses from the Erie County Alcohol Beverage Control
a uniform schedule of reasonable fees different from those Board.
prescribed in paragraph (a) of this subdivision, specifying in Address Business Name Owner's Name
such schedule the classes of positions, or types of 2158 Seneca St. Reflections Tavern Barbara Lema
examinations or candidates to which such fees shall apply..." 951 Elmwood Ave. Grant Am Enterprises Patrick J. Kelleher
It appears from this section that a non-resident fee can 1951 Elmwood Ave. Don Pablo's Lola Richert
be established for civil service examinations. 1372 Sycamore St. No name given Albert Logan
Please be advised that the current fee for examinations 257 Franklin Street Coliseum Franklin Mint, Inc.
prepared and rated by the New York State Department of Civil RECEIVED AND FILED.
Service is $10.00. The State receives payment equal to one-
half (1/2) of the examination fee per candidates times the NO.81
number of candidates participating in each exam. The formula LEAVESOFABSENCEWITHOUTPAY
has no provisions for candidates whose examination fee is I transmit herewith notifications received by me, reporting the
waived. granting of the leaves of absence
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. without pay, in the various departments as listed:
Public Works-Richard Calorico
NO.77 Police-Vanessa Rowe, James B. Milroy, Kathleen M. DiSarno
RESIDENCYREQ.ENFORCEMENT Administration and Finance-James B. Milroy
EMPLOYEES-DIV.OFWATER Human Services, Parks and Recreation-Mary Adamski
135,CCPMAY13,1997 RECEIVED AND FILED.
In response to your request of June 17, 1997,
regarding the above item, please be advised of the following: NO.82
1. Civil Service employees of the Division of REPORTSOFATTENDANCE
Water are required to reside in the City of Buffalo as a I transmit herewith communications received by me, from the
qualification for employment. various boards, commissions, agencies and authorities
2. None of the employees of the Division of reporting the membership attendance at their respective
Water have been investigated and/or found guilty for violation of meetings:
residency requirements. (1)-Buffalo Sewer Authority
3. The number of employees of the Division (1)-City Planning Board
of Water that reside within the City of Buffalo is 160. Although RECEIVED AND FILED.
Civil Service has initial contact with exam applicants and
employees, it is the responsibility of each department head to NO.83
maintain current and accurate personal information. NOTICESOFAPPOINTMENTS-COUNCILINTERNS
4. A list of active City of Buffalo employees I transmit herewith appointments to the position of Council
in the Division of Water is attached. Please note that Interns.
employees Rosemary Falkiner, Gerald Pfohl, and Stephen Mrs. LoTempio moved the approval of the appointments to the
Trimper were grandfathered in. position of Council Interns.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. ADOPTED.
FROMTHECITYCLERK Appointment effective June 24, 1997, Common Council, to the
position of Intern II, Seasonal, Non-Competitive, at the flat
NO.78 starting salary of $4.75 per hour.
RECORDSMANAGEMENTGRANTACCEPTANCE Ariel Wagstaff, 45 Gesl Street, Buffalo, NY 14214
The City Clerk, Registrar of Vital Statistics, Records Marsche Jenkins, 11 Butler Avenue, Buffalo, NY 14208
Management Officer, Charles L. Michaux, III is happy to Kenneth DeJarnette, 60 Bennett Village Terr. Buffalo, NY
announce that we have, once again, been awarded a New York 14214
State Education Department competitive grant for the 1997 - Asma Stovall, 129 Bennett Village Terr., Buffalo, NY 14214
1998 fiscal year in the amount of $59,272.00 to continue the Earnest Clark, Jr., 58 Goulding Avenue, Buffalo, NY 14208
microfilming project of the Tax & Assessment roll books dating Appointment July 7, 1997, Common Council, to the position of
from 1815 - 1912. The project involves filming over 1,000 Intern II. Seasonal, Non-Competitive at the: Flat Starting Salary
volumes or four hundred thousand (400,000) images of the of 4.75 per hr.
permanent records series. These volumes were originally Nicholas Deegan, 381 Marilla, Buffalo 14220
stored in the sub-basement of Buffalo City Hall under David Kraft, 184 Sheffield, Buffalo 14220
environmentally unsafe conditions. Joshua Miller, 48 Zittel, Buffalo 14210
The Tax & Assessment rolls were selected for Karen Gorlewski, 12 Wildwood, Buffalo 14210
microfilming because the -records series was deteriorating and Brad Neubauer, 78 Whitfield, Buffalo 14220
their archival nature. Without Records Management's Scott Hamilton, 47 Ramona, Buffalo 14220
intervention this valuable records series would have been lost Gerard Hamilton, 47 Ramona, Buffalo 14220
forever and there are no other copies. Timothy Hart, 91 Portland, Buffalo 14220
State grants are very difficult to obtain as we compete with Lacey Leonard, 118 Armin, Buffalo 14210
many local governments for a part of the allotted grant funding. Donald America, 112 Trowbridge, Buffalo 14220
The largest amount a local government can be awarded is Sean O'Connell, 182 Cumberland, Buffalo 14220
$100,000.00 and the City of Buffalo was awarded Michael Adamski, 88 Dundee, Buffalo 14220
approximately 50% of that amount. The grant reviewers Tim O'Connor, 190 Cumberland, Buffalo 14220
commended the City of Buffalo for its energy and progress in Robert Adams, 48 Payne, Buffalo 14220
records management Amy Bogner, 27 Lakewood, Buffalo 14220
The Records Management Officer and his Senior Records Patrick Overdorf, 122 Turner, Buffalo 14220
Technician, Linda Andersen, have both attended State Julie McCarthy, 174 Shenandoah, Buffalo 14220
Archives and Records Administration's "ManagingJustin Klesic, 162 Woodside, Buffalo 14220
Micrographics Projectsworkshops and obtained certificates Tracey Vanderlip, 50 Pomona, Buffalo 14210
"
Pamela Lizak, 226 Columbus, Buffalo 14220
for their participation as part of their continued support and
Charlene America, 112 Trowbridge, Buffalo 14220
education in the field of records management.
Bridget Donovan, 64 Whitfield, Buffalo 14220
The Records Management Officer and his staff are very proud
Jason Greenway, 380 Eden, Buffalo 14220
of their accomplishments, to date, and look forward to
Philip Freedenberg, 178 Downing, Buffalo 14220
maintaining a comprehensive records program for the city of
James Carroll, 100 Ramona, Buffalo 14220
Buffalo's government records in future years.
Betsy Quinn, 311 Eden, Buffalo 14220
Adam Wolcott, 23 Hayden, Buffalo 14210 Kevin Czerniejewski, 103 Greeley St, Bflo, NY 14207
Audra Ghosen, 66 Crystal, Buffalo 14220 Jeffrey Dickman, 301 Roesch Ave., Bflo, NY 14207
Brian Connolly, 59 Cantwell, Buffalo 14220 Dawn Giroux, 102 Rosedale St., Bflo, NY 14207
Patrick McNamara, 25 Oakhurst, Buffalo 14220 Louis Hall, 72 Fuller St, Bflo, NY 14207
Steven Hoch, 26 Melrose, Buffalo 14220 Jeremy Connolly, 162 Choate, Buffalo, NY 14220
Joshua DiCenzo, 71 Payne, Buffalo 14220 Christine Egloff, 51 Dallas, Bflo, NY 14220
Joseph O'Connor, 23 Crystal, Buffalo 14220 Cathy Lee Rigoli, 229 Geary, Bflo, NY 14210
Nghia Do, 699 Hopkins, Buffalo 14220 Rebecca Shiver, 716 Abbott, Bflo, NY 14220
Ryan Moore, 43 Hayden, Buffalo 14210 Colby Krug, 92 Shenandoah, Bflo, NY 14220
Kenneth Livingston, 171 Weston Avenue, Buffalo, NY 14215 Timothy Hilliard, 332 Okell, Bflo, NY 14220
Sarah Sanford, 54 Godfrey Street, Buffalo, NY 14215 Mark Smith, 17 Roanoke, Bflo, NY 14210
Nii Quaye, 193 Minnesota Avenue, Buffalo, New York 14214 Anthony Tirado, 330 Baraga, Bflo, NY 14220
Christian Pennick, 497 Dartmouth Avenue, Buffalo, NY 14215 James Macey, 114 Roanoke, Bflo, NY 14210
Katherine Curtains, 189 University Avenue, Buffalo, NY 14214 Frances Pinkowski, 63 Sirret, Bflo, NY 14220
Charles Banks III, 244 Hastings Avenue, Buffalo, NY 14215 Patrick Murphy, 31 Eden, Bflo, NY 14220
Nadiyah Homer, 69 Phyllis Avenue, Buffalo, NY 14215 Jessica Barth, 39 Strathmore, Bflo, NY 14220
Erin Allman, 38 South Street, Buffalo, NY 14204 Erin Evans, 152 Sheffield, Bflo, NY 14220
Farah Rashada, 79 Bissell, Buffalo, NY 14211 Brigit McElroy, 670 McKinley, Bflo, NY 14220
Randy Brown, 161 Playter, Buffalo, NY 14212 Katherine DuVall, 902 Parkside Avenue, Bflo, NY 14216
Ricky Bryant, 236 Roslyn, Buffalo, NY 14215 David Danforth, 92 Saranac Avenue, Bflo, NY 14216
Shawntel Davis, 356 Watson Street, Buffalo, NY 14212 Danelle Danforth, 91 Saranac Avenue, Bflo, NY 14216
Autumn Lewandowski, 123 Jones, Buffalo, NY 14206 Sara Celano, 28 Woodette, Bflo, NY 14207
Katie Mikulski, 57 Jones, Buffalo, NY 14206 Brendan Bullock, 38 Orchard Pl., Bflo, NY 14214
Dana Murray, 29 Gail Avenue, Buffalo, NY 14215 Erin Russ, 40 Vernon Pl., Bflo, NY 14214
Tiffany Rias, 222 Rounds Avenue, Buffalo, NY 14215 Aimee Neri, 233 Villa Ave., Bflo, NY 14216
Lakisha Moye, 313 LaSalle Avenue, Buffalo, New York 14215 Amanda Shero, 163 Crescent Avenue, Bflo, NY 14214
Ronald White, 79 Flower Street, Buffalo, New York 14214 Michelle Palmara, 186 Saranac Avenue, Bflo, NY 14216
Keeley Lumadue, 148 Sterling Avenue, Buffalo, NY 14216 Demetrius Malcolm, 616 Colvin Avenue, Bflo, NY 14216
Keyshawn Daley, 125 Westminster Avenue, Buffalo, NY 14215 Kareem Thompson, 211 St. Lawrence, Bflo, NY 14216
Brenton Montgomery, 508 Stockbridge Ave., Buffalo, NY Kevin Danner, 134 Wellington Avenue, Bflo, NY 14216
14215 Danielle Calderon, 257 Villa Avenue, Bflo, NY 14216
Derrin McAdory, 623 Northumberland, Buffalo, NY 14215 Jessica Teresi, 474 Starin Avenue, Bflo, NY 14216
Dante' Overton, 74 Erskine Avenue, Buffalo, NY 14215 Miguel Marrero, 315 Smith St., Bflo, NY 14210
Tara Lucas, 242 Winston Road, Buffalo, New York 14216 Rose Cich, 936 South Park Ave., Bflo, NY 14210
Quinton Hood, 141 Phyllis Avenue, Buffalo, New York 14215 Carol Crawford, 889 Walden Avenue, Bflo, NY 14211
Mark Harvey, 230 Comstock Avenue, Buffalo, New York 14215 John Otto, 328 Southside, Bflo, NY 14220
Melinda Lucas, 242 Winston Road, Buffalo, New York 14216 Cynthia Reczek, 290 Starin, Bflo, NY 14216
Melina Woodruff, 150 Martha Avenue, Buffalo, NY 14215 Courtney Nelson, 264 Roslyn St, Bflo, NY 14215
Anita Rodriquez, 263 W. Tupper, Buffalo,N.Y. 14201 Romayne Krawczyk, 310 Ideal St, Bflo, NY 14206
Caitlyn McDougall, 30 Cheltenham, Buffalo N.Y. 14216 Michael Michelini, 127 Winston Rd, Bflo, NY 14216
Joe Connelly, 38 Woodward, Buffalo, M.Y. 14214 Paula Kazky, 38 Saranac Ave., Bflo, NY 14216
Archie Galloway, 220 Davidson, Buffalo, N.Y. 14215 George Brown, 76 Harvard, Bflo, NY 14209
Adrian Mangual, 509 Plymouth, Buffalo, N.Y. 14201 Courtney Schmidt, 49 Standish Rd., Bflo, NY 14216
Julie Hernandez, 293 Abbott, Buffalo, N.Y. 14220 Nicholas Schmidt, 49 Standish Rd., Bflo, NY 14216
Ronald Brania, 95 Ashley Street, Buffalo,NY 14212 Mike Luparello, 334 Taunton Pl., Bflo, NY 14216
Juanita James, 267 Sobieski, Buffalo, NY 14211 Valintean Pennick, 497 Dartmouth Ave., Bflo, NY 14215
Elizabeth Wojcik, 34 Clemo Street, Buffalo, New York 14206 Nicole Mills, 229 Landon, Bflo, NY 14208
Crystal Sanger, 1 Thomas, Buffalo, New York 14206 Lamont Edwards, 36 Carl St., Bflo, NY 14215
Michael Inglut, 162 Cushing, Buffalo, NY 14220 Kristyn Golombek, 327 Weimer St., Bflo, NY 14206
Matthew Schroeder, 98 Coolidge, Buffalo 14220 Mike McCarthy, 2048 Main St., Bflo, NY 14214
Sara Skierczynski 474 S. Ogden St. Buffalo, NY 14206 Christopher Moore, 859 Humboldt Pkwy., Bflo, NY 14208
Sharon Meredith, 86 Troupe St, Buffalo, NY 14210 John Tomasello, 575 Eggert Rd., Bflo, NY 14215
Jonathan Mazurazak, 28 N. Ogden St. :Buffalo, NY 14206 Mary Cannan 825 Tacoma Ave., Bflo, NY 14216
Philip Mikolajewski, 502 S. Ogden St. [:Buffalo, NY 14206 Margaret Gustina, 111 University Ave., Bflo, NY 14214
Renee Schwertfeger, 1314 Lovejoy St. :Buffalo, NY 14206 Star Handley, 1034 Kensington Ave., Bflo, NY 14215
Garry Weisse, 94 Leddy St., Buffalo, NY 14210 Jesse Mendyk, 495 Berkshire Ave., Bflo, NY 14215
Danielle Barczak, 292 Longnecker, Buffalo, NY 14206 Appointment effective June 24, 1997 in the Department of
Emma Hollander, 373 Woodward Ave.’ Buffalo,N.Y. 14214 Common Council to the position of Intern III, Seasonal, Non-
Amber Cain, 272 Baynes, Buffalo N.Y. 14213 Competitive, at the flat Starting Salary of $5.00 per hr.
Aida Loazada, 509 Plymouth, Buffalo, N.Y. 14201 Troy Duncan, 484 Perry Street, Bflo, NY 14204
Jose Rivera, 191 14th Street, Buffalo, N.Y. 14203 Katherine Benefanti, 207 Lancaster Ave., Bflo, NY 14222
Wolfgang Niederhoffer, 85 West Ave., Buffalo, N.Y. 14201 Frank Coronado, Jr., 54 E. Oakwood Pl., Bflo, NY 14214
James Gostomski, 82 O'Conner, Buffalo, N.Y. 14220 Nina Daughtry, 54 Wade Ave., Bflo, NY 14214
Kenneth Ivey, 77 Connelly Ave., Buffalo, N.Y. 14215 Robert Hinshaw, 103 Laurel St., Bflo, NY 14209
Sarah Kreiner, 82 Dana Rd., Buffalo, 14216 Cheryl Harris, 1407 Michigan Ave., Bflo, NY 14209
Karen Swain, 49 Clay St., Buffalo, 14207 Michelle Turner, 497 Woodlawn Ave., Bflo, NY 14208
Shannon Marie Scheu, 177 Kentucky Street, Buffalo, NY Jermaine Bordeaux, 61 Marigold Avenue, Bflo, NY 14215
14204 Jason Austin, 35 Colfax Avenue, Bflo, NY 14215
Joseph W. Smardz, 56 Eden Street, Buffalo, NY 14220 Jason Mitchell, 650 Woodlawn Ave., Bflo, NY 14211
Ebony Smith, 143 Dunlop Avenue, Buffalo, NY 14215 Anya Barnes, 511 Cambridge Ave., Bflo, NY 14215
Maureen S. Smith, 91 O'Connell Avenue, Buffalo, NY 14204 LaSylvia Benning, 36 Carl Street, Bflo, NY 14215
Nicholas C. Heidenger, 172 Alabama St., Bflo, NY 14204 Danielle L. Simmons, 36 Colfax Ave., Bflo, NY 14215
Erica M. Jordan, 130 Millicent Ave., Bflo, NY 14215 Aisha Benjamin, 73 Stevens Ave., Bflo, NY 14215
Bryan P. McCormick, 97 Choate Avenue, Bflo, NY 14220 Marshall Canada, 407 Grant St., Bflo, NY 14213
Robert P. Mellody, 153 Hollywood Avenue, Bflo, NY 14220 Atanu Sen, 814 Elmwood, Bflo, NY 14222
Alyssa R. Pannozzo, 20 North Drive, Bflo, NY 14216 Appointment effective July 2, 1997 in the Department of
Andrew J. Reid, 141 Kimberly Avenue, Bflo, NY 14220 Common Council, to the position of Intern III, Seasonal, Non-
Christopher P. Scanlon, 201 Cumberland Ave., Bflo, NY Competitive, at the flat starting salary of $5.00 per hr.
14220 Joseph Malkinski, 744 Amherst St., Bflo, NY 14216
Serena K. Abbate, 459 St. Lawrence, Ave., Bflo, NY 14216 Appointment Effective: July 7, 1997 in the Department of
Sara L. Butera,. 40 Boyd St., Bflo, NY 14213 Common Council, to the Position of Intern III, Seasonal
Jessie M. Conrad, 128 Harding Rd., Bflo, NY 14220 Non-Competitive at the Flat Starting Salary of $ 5.00 per hr.
Mary E. Conway, 100 Vincennes St., Bflo, NY 14204 Melissa Cummings, 33 Virgil Avenue, Buffalo,N.Y. 14216
Colleen M. Coyle, 60 Riverview Place, Bflo, NY 14210 Meredith Reilly, 263 Bedford Ave., Buffalo N.Y. 14216
Tiffany N. Fergus, 2337 Main St, Bflo, NY 14214 Tom McMahon, 47 Belvedere Rd. Buffalo, N.Y. 14220
Mark C. Giglio, 578 Downing St, Bflo, NY 14220 Brooke M. Fitzpatrick, 56 Depew Avenue, Buffalo, NY 14214
David Borne, 332 Tonawanda St., Bflo, NY 14207 Duwan L. Smith, 445 Voorhees Avenue, Buffalo, NY 14216
Joan Shanahan, 344 Downing, Buffalo 14220 Appointment Effective: July 1,1997 in the Department of
Joseph Ray, 571 McKinley, Buffalo 14220 Human services Division of Recreation to the position of
Dianne Lemanski,:126 Peabody, Buffalo, NY 14210 Laborer II, Seasonal, Non-Competitive at the flat Starting Salary
L'Toya Rowsey, 80 Riley Street, Buffalo, NY 14209 of $6.92/hr
Kofi Ampadu, 255 Hewitt, Buffalo, NY 14215 Kevin Hayes, 795 McKinley, Buffalo 14220
Olurotmi Akanbi, 74 Richlawn, Buffalo,NY 14215 Vincent McCarthy, 274 Hartwell, Buffalo 14216
Candida Davis, 979 Northland, Buffalo, NY 14215 Johathan Cohill, 82 Oxford, Buffalo 14209
Loren Hinkle, 19 Donaldson Rd. Buffalo, NY 14208 Alvin Thomas, 22 Mapleridge, Buffalo 14215
Michele Copeland, 41 Victoria, Buffalo, NY 14215 Willie Simmons, 81 Waverly, Buffalo 14208
Justin Perez, 37 Rare St., Buffalo, NY14207 Joseph Thompson, 140 Deerfield, Buffalo 14215
Juan Gray, 152 W. Humboldt, Buffalo, NY 14214 Judith Zaccagnino, 178 Fenton, Buffalo 14206
Lorelle Lundgren, 410 Minnesota, Buffalo, NY 14215 Appointment effective July 1, 1997 in the Department of
Damian Giles, 219 Glenwood, Buffalo,NY 14208 Human Services, Division of Parks Seasonal non-competitive
Appointment Effective July 7 1997 in the Department of at the Flat Starting salary of $6.92/hr
Common Council to the Position of Intern III, Seasonal, Non-John Kregg, 443 Linwood, Buffalo 14209
Competitive, at the flat starting salary of $6.00 per hour. Eric Rhodes, 849 Woodlawn, Buffalo 14211
Danielle Judge, 34 Montana, Buffalo, NY 14211 Appointment Effective June 20,1997 in the Department of
Appointment effective July 7, 1997 in the Department of Human Services Division of Recreation to the Position of
Common Council, to the position of Intern III, Seasonal, Non-Lifeguard Seasonal Non Competitive
Competitive, at the flat starting salary of $8.00 per hour. at the Flat Starting Salary of: $5.20/hr
Marquita J. Howell, 16 Courtland, Buffalo, NY 14215 Amy Di Gaudio, 164 Huntington, Buffalo 14214
Appointment Effective: June 20, 1997 in the Department of Appointment Effective June 23,1997 in the Department of
Common Council to the Position of Intern IV,: Seasonal, Non-Human Services, Division of Recreation to the Position of'
Competitive, at the Flat Starting Salary of: $6.00 per hr. Lifeguard Seasonal Non-Competitive at the Flat Starting Salary
Hadley Pawlak, 634 Amherst St.,Buffalo, NY 14207 of $ 5.20
Appointment Effective June 24, 1997 in the Department of Piedre Abels.42 Lancaster, Buffalo 14222
Common Council Division of to the Position of lntern IV, Kasim Aljuwani, 211 Hewitt, Buffalo 14215
Seasonal, Non-Competitive, at the flat Starting Salary of: $6.00 Augustiniak, Gary, 302 Kensington, Buffalo 14214
per hr. Berry Amber, 136 Mercer, Buffalo 14214
Julie Rich, 603 Crescent, Buffalo, NY 14214 Bertini Nicholas, 38 Hubbell, Buffalo 14220
Sarah Edinger, 316 Esser Ave., Buffalo, NY 14207 Malik Blyden, 316 Landon, Buffalo 14211
Jerome Owens, 84 Harvard PI., Buffalo, NY 14209 AaronBorczynski, 33Gatchel, Buffalo14212
Appointment Effective July 7, 1997 in the Department of Noraida Mendez, 931 Prospect, Buffalo 14213
Common Council to the Position of Intern IV, Seasonal, Non-Melissa Mule, 47 Marine Drive, Buffalo 14204
Competitive, at the Flat Starting Salary of: $ 6.00 per hr. Kevin Murphy, 21 Turner, Buffalo 14220
Andrea Padilla, 518 West Avenue, Buffalo,N.Y. 14213 Rebecca Nieves, 239 15h Street, Buffalo 14213
Natasha Martin, 43 Frankfort, Buffalo N.Y. 14211 Irving Scrievens, 134 Kehr, Buffalo 14211
Amy Zuchlewski, 311 Roesch Ave., Buffalo, NY. 14207 Christopher Smith, 239 Waccace, Buffalo 14216
Melissa Granger, 100 Ashland Avenue, Buffalo, NY14222 Kristi Sokol, 5 Glenn, Buffalo 14206
Dolores V. Cronin, 332 Abbott Road, Buffalo, NY 14220 Kristy Ernest, 70 Ashley, Buffalo 14212
Colleen J. Donovan, 57 Susan Lane, Buffalo, NY 14220 Anthony Figueroa, 24 Covington, Buffalo 14216
Leah M. Gang, 42 Mumford Street, Buffalo, NY 14220 Kelly Gallivan, 109 Gorton, Buffalo 14207
John D. Marrero, 315 Smith Street, Buffalo, NY 14210 Jamie Gabamonte, 139 Kamper, Buffalo 14210
Frank Pezzimenti, 77 Elk Street, Buffalo, NY 14210 Ahman Johnson, 42 Leonard, Buffalo 14215
Brian Kavanaugh, 286 Baynes Ave.,Buffalo, 14213 Damani Johnson, 58 Blaine, Buffalo 14208
Jonathan Chassin, 80 Norwood Ave., Buffalo, 14222 Joshua McMahon, 81 Briggs, Buffalo 14207
James Dovey, 75 Roesch Ave., Buffalo, 14207 Darnell Boswell, 277 Schuele, Buffalo 14215
Sara Pauly, 152 Como, Buffalo 14220 Sarah Brozyna, 324 Benzinger, Buffalo 14206
Corienthia R. Briggs, 244 Hastings Avenue, Buffalo, NY 14215 Rachael Bukowski, 55 Morgan, Buffalo 14220
Appointment Effective July 1, 1997 in the Department of Troy Chambers, 270 Amherst,Buffalo 14207
Common Council to the Position of Intern V, Seasonal, Michael Cctter, 66 Admiral, Buffalo 14216
Non-Competitive, at the Flat Starting Salary of. $8.00 per hr. Greg Dickman, 48 Alsace, Buffalo 14220
Kim A. Hudecki, 398 Sanders Road, Buffalo, NY 14216 Sean Eddy, 128 Royal, Buffalo 14207
Laura M. Harris, 497 Parker Avenue, Buffalo, NY 14216 Appointment Effective June 24,1997 in the Department of
Human Services, Division of' Recreation to the position of
NO.84 Lifeguard Seasonal Non-competitive at the Flat Starting Salary
APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&of $ 5.20/hr
EMPLOYMENT Ramon Suarez, 568 West Utica, Buffalo 14213
I transmit herewith appointments made in the Mayor's Youth Gabriel Watling, 23 Crowely, Buffalo 14207
Opportunities and Employments Programs. David White, 147 William, Buffalo 14206
RECEIVED AND FILED. Jim Wilkinsin, 83 Philadelphia, Buffalo 14207
Appointment Effective: June 30, 1997 in the Department of Misty Wittek, 146 Cdntral, Buffalo 14206
Mayor's Office, Division of Youth Opportunity & Intern Program Donald Wood, 181 North Park, Buffalo 14216
to the Position of Intern III, Seasonal, Non-Competitive at the F Kevin Young, 59 Weber, Buffalo 14215
at Starting Salary of: $ 5.00/hr. Christine Zwawa, 34 Kopernik, Buffalo 14206
Maureen Danahy, 151 Summit Ave., Buffalo NY 14214 Appointment Effective July 1,1997 in the Department of Human
Services, Division of Parks to the position of Lifeguard,
NO.85 Seasonal, Non-competitive,-at the Minimum Salary of $ 5.40/hr
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Dray Gates, 676 Riley, Buffalo 14211
I transmit herewith certificates received by me, reporting Janet Lane, 30 Knoerl, Buffalo 14210
seasonal and flat salary appointments made in various Terrance Simmons, 50 Elmer, Buffalo 14215
departments. Amina Tillett, 37 Orange, Buffalo 14204
RECEIVED AND FILED. Van Alstine Rachel, 81 Amherst, Buffalo 14207
DEPARTMENTOFGENERALSERVICES Todd Wise, 591 Tonawanda, Buffalo 14207
Appointment Effective June 23, 1997 in the Department of Gracie Stotts, 191 Dodge, Buffalo 14209
General Service Division of Inventory & Stores to the Position to the Appointment Effective July 1, 1997 in the Department of
of Laborer II, Seasonal Non-Competitive at the Flat Starting Human Services, Division of Recreation position of Lifeguard
Salary of $ 6.92/hr Seasonal Non- Competitive at the Minimum Starting Salary of $
Jesus Acosto, 309 Fargo Ave Buffalo, NY 14213 5.40/hr
DEPARTMENTOFHUMANSERVICES,PARKSANDElizabeth Butera, 40 Boyd, Buffalo 14213
RECREATION Kathleen Callahan, 606 McKinley, Buffalo 14220
Appointment Effective July 1, 1997 In the Department of Magdalia Crespo, 379 Military, Buffalo 14207
Human Services Division of Recreation To the Position of Fee Kyfha Cylar, 50 Schiek, Buffalo 14215
collector, Seasonal, Non-Competitive at the Flat Starting salary Natasha Fuentes, 40 Lowell, Buffalo 14213
of $5.25/hr Jamie Garcia, 442 Woodward, Buffalo 14215
Sue Cannan, 178 Fenton, Buffalo 14206 Lannette Garcia, 442 Woodward, Buffalo 14214
Cherjj Murphy, 21 Turner, Buffalo 14220 Appointment Effective July 2,1997 in the Department of
Human Services Division of Recreation, to the Position of Daniel Kunz, 8355 Hollyhill, Eden, 14057
Lifeguard Seasonal Non-Competitive at the Flat Starting Salary Appointment Effective June 23, 1997 in the Department of Fire
of $5.40/hr Division of Fire to the Position of Captain Cont. Perm.
Stacey Baldauff, 55 Beatrice, Buffalo 14207 Promotion at the flat Starting Salary of $ 50,763/year
Brandon Banas, 228 Esser, Buffalo 14207 Wm. Renaldo, 86 Norwalk, Buffalo, 14216
Crystal Doze, 435 East, Buffalo 14207 Appointment effective June 23, 1997 in the Department of Fire
Tami Sandberg, 31 Taft Place, Buffalo 14214 Division of Fire to the Position of Lieutenant Permanent-
Christopher VanEvery, 293 Highland, Buffalo 14222 Contingent Promotion at the Starting Salary of $48,310/year
Appointment Effective July 3,1997 in the Department of Human Kenneth Eyermn, 218 Stevenson, Buffalo, 14220
Services Division of Recreation to the Position of Lifeguard David Zwawa 3535 Heatherwood Hamburg, 14075
Seasonal Non-Competitive at the Flat Starting Salary of $ Mark Morganti, 47 Cloverside, West Seneca, 14224
5.40/hr Appointment Effective June 23, 1997 in the Department of Fire
Katherine Healy, 316 Eden St., Buffalo NY 14220 Division of Fire to the position of Lieutenant Permanent
Jamie Ziolkowski, 287 Choate, Buffalo 14220 Promotion at the flat Starting Salary of $48,310/year
Victor Alexander, 1216 Sycamore, Buffalo 14211 Mark Hillery, 210 Sharon Drive, W.Seneca, 14224
Jeffrey Salvo, 98 S. Pontiac St., Buffalo 14206 Melvin Drakeford, 199 Parkwood, Kenmore, 14217
Appointment effective June 23,1997, in the Department of Appointment Effective July 1, 1997 in the Department of Fire
Human Services Division of Recreation to the position of Division of Fire/ Fireboat to the Position of Assistant Marine
Supervising Lifeguards Temporary Appointment at the Flat engineer/Laborer I, Permanent Appointment (lateral)
Starting Salary of $5.98/hr at the flat Starting Salary of $33,418/year
Igor Chell, 40 LaForce Place, Buffalo 14207 John J. Harter, 79 Heussy Street, Buffalo, 14220
Jean Kersten, 30 Athol, Buffalo 14220 DEPARTMENTOFPOLICE
Shannon O’Connor, 1432 Bailey, Buffalo 14206 Appointment Effective June 25, 1997 in the Department of
Luis Oritz, 144 Claremont, Buffalo 14222 Police to the Position of Police Officer Permanent Appointment
James Wojcik Jr, 152 East, Buffalo 14207 at the Minimum Starting Salary of
Appointment effective July 3, 1997, in the Department of $ 31,792/YEAR
Human Services, Division of Recreation to the Position of Robert J. Gonez, 109 Milford, Buffalo, New York 14220
Supervising Lifeguards Temporary Appointment at the Flat Traci A. Calandra, 1150 Lovejoy St. Buffalo, 14206
starting salary of $ 6.00 /hr. Thomas R .Mayes, 165 Bissell Ave, Buffalo, 14211
Dell Storey, 696 Taunton Place, Buffalo 14216 Cleveland S. Wilson, Jr., 77Joseph Ave, Buffalo, 14211
Appointment Effective July 1, 1997 in the Department Of Deborah R. Daniel, 22 Gerald Pl, Buffalo, New York 14215
Human Services, Parks & Recreation, Division of Youth to the Shawn M. Dowell, 165 Newburgh, Buffalo, New York 14215
Position of Community Field Worker, (Monitor)Temporary Brian G. Ross, 265 Voorhees Ave, Buffalo, New York 14216
Appointment at the Flat Starting Salary of $ 6. 55/h r NatalieA.Perez, 280Summer Apt.#10, Buffalo, 14222
James Becker, 115 Arbour Lane, Buffalo, 14220 Appointment Effective June 30, 1997, in the Department of
DEPARTMENTOFSTADIUMANDAUDITORIUM, Police to the Position of Cellblock Attendant Contingent
Appointment Effective July 2,. 1997 in the Department of 61 Permanent Appointment at the Minimum Starting Salary of
Stadium and Auditorium Division of 1-North AmeriCare Park to $22,934/year
the Position of Laborer I, Seasonal Non Competitive at the Flat Joseph A. Scherer, 44 Kimberly, Buffalo, New York 14220
starting Salary of $6.22/hr NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
Baslawe Amin, 123 Bird Avenue, Buffalo, 14213 REMONSTRANCES
Mohamed Suleyman, 147 Sixteenth Street, Buffalo, 14213 NON-OFFICIALCOMMUNICATIONS
Kathy Elliott, 136 York Street,Buffalo, 14213 NO.87
AT&TWIRELESS
Appointment Effective: July 2, 1997 in the Department of 61-PROPOSEDORDINANCEAMENDMENTS-
Stadium and Auditorium, Division of 1-North AmeriCare Park to COMMUNICATIONTOWERSANDANTENNAS
the Position of Laborer I Seasonal, Non-Competitive at the Flat (CHAPTERS103AND501)
Starting Salary of $6.22/hr Enclosed is a copy of written comments
Francisco Martinez, 123 Van Rensselaer, Buffalo, 14210 of our client,, AT&T Wireless Services, Inc., regarding the
Marylen Centeno, 60 West Delavan Avenue, Buffalo, 14213 above-referenced proposed ordinance amendments.
AT&T is looking forward to working in and
NO86 with the City of Buffalo. It understands and appreciates the
APPOINTMENTS-TEMPORARY,PROVISIONALORCity's desire to coordinate activities with respect to
PERMANENT communications providers and the location of communications
I transmit herewith Appointments in the various facilities. AT&T believes that the enclosed comments will
departments made at the Minimum (Temporary, Provisional or assist the City in developing a fair and workable ordinance for
Permanent) and for Appointments at the Maximum (as per City residents.
contract requirements) . Please contact the undersigned with any questions you
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. have regarding these comments. I can be reached at 847-
DEPARTMENTOFADMINISTRATIONANDFINANCE 5408.
Appointment Effective June 23,1997 in the Department of Thank you.
Administration and Finance, Division of Administrative REFERRED TO THE COMMITTEE ON LEGISLATION
Adjudication to the Position of Ordinance Compliance Officer NO.88
Permanent Appointment at the Minimum Starting Salary of C.E.E.D.,INC.
$23,632/year BMHA-BUILDINGMAINTENANCEREPAIRER
Edward HoefIer, 283 Sterling Avenue, Buffalo, NY 14216 APPRENTICESHIPPROGRAM
Appointment effective July 1, 1997 in the Department of As pursuant to our conversation Tuesday, June 17 , please
Administration & Finance Division of Budget & Management to be advised that the Coalition for Employment and Economic
the Position of Management Analyst Permanent Promotion at Development, Inc. (C.E.E.D.). has honored every mandate to
the Minimum Starting Salary of $35,865/year effectively implement our BMHA-Building Maintenance
Donna Estrich, 31 Ashland Ave, Buffalo, NY 14222 Repairer Apprenticeship program. This is the first time in the
Appointment Effective June 30, 1997 the Department of history of public housing in this City that an innovative training
Administration & Finance, Division of Administrative program has been implemented. CEED was contracted to
Adjudication to the Position of Legal Aide to the Bureau of establish a Contractors Association, identify, monitor and refer
Administrative Adjudication Provisional Appointment at the BMHA residents to the Building Maintenance Repairer
minimum Starting Salary of $ 21,992/year Apprenticeship Program. To date we have recruited over 200
Laura M. Gang, 42 Mumford Street, Buffalo, NY 14220 BMHA residents, selected 35 and maintain a roster of 30
DEPARTMENTOFCOMMUNITYDEVELOPMENT BMHA residents, ready to work.
Appointment Effective 6/30/97 in the Department of Community There have been several constraints as a result of the
Development Division of Neighborhoods to the Position of program not being recognized in total by the N. Y. State
Weed & Seed Coordinator Temporary (as required) Department of Labor and Housing and Urban Development,
Appointment at the Minimum Starting Salary of $32,600/year (H.U.D.). The N. Y. State Dept. of Labor has presented a
Oswaldo Mestre, Jr., 316 E. North St., Buffalo, 14204 formalized apprenticeship structure that will not meet the total
DEPARTMENTOFFIRE requirements from an perspective employer. Please see the
Appointment Effective June 23, 1997 in the Department of Fire Appendix "A" of N.Y. State Apprenticeship Standards. Upon
Division of Fire to the Position of Captain Permanent the hiring of staff and the pursuit of identifying BMHA
Promotion at the flat Starting Salary of $50,763/year contractors for the establishment of the Contractors
Association, the NYS Dept. of Labor had not It is not difficult to imagine a situation in which
an established Contractors Association patterned after the Step the relocation, rebuilding or extension of an
- Up concept that was rejected by the NYS Dept. of Labor. existing free-standing communications tower
They in turn submitted a structured apprenticeship standard, might be required to provide service to a
(Appendix A). During that time a wage rate request was particular coverage area. However, the
submitted by BMHA to HUD. Please see letter signed by proposed ban on such activities could result in
Sharon West, BMHA Executive Director. The Dept. of encouragingthe construction of additional
Housing and Urban Development recognizes "Step-Up" facilities as the only practical alternative. The
training programs as an 'initiative to train BMHA residents. Common Council should carefully consider
Consequently, the requested hourly wage rate was rejected by whether an additional tower is always preferable
H. U.D. Please see letter from H.U.D, signed by Richard Allen, to "extension" of an existing tower.
Acting Assistant to the Secretary for Labor Relations.
To date CEED has maintained constant contact with The proposed section specifically bans
all BMHA residents enrolled in this program through personal "freestanding" towers; however, the definition of
contact, meetings and telephone. "Communications Tower" contained in proposed
Al Washington is the consultant for this program. He is highly Section 511-155 includes not only "freestanding
esteemed by H. U.D. and BMHA. We anticipate a resolution to towers" but also "lattice towers," "monopole
these critical issues between the N.Y. State Dept. of Labor towers" and "self-supporting towers." These last
(D.O.L) and Housing and Urban Development, (H.U.D.) by the three forms of towers are also "freestanding,"
end of this month. but it is not clear whether the ordinance intends
Please know that CEED has and will continue to develop and to prohibit each and every type of non-guyed
implement quality program(s) for our BMHA residents and facility.
community at large.
Thank you for taking on an advocacy role in our behalf. Please sanction the use of In
call me if you need an additional information at 852-1643. "guyed" towers. Note, however, that guyed
REFERRED TO THE COMMITTEE ON LEGISLATION towers, by their nature, require substantially
NO.89 more land area, and may result in greater
GREATERNEWHOPECHURCHOFGODINCHRIST disruption of neighborhood patterns than a free-
PROPOSEDLANDMARKDESIGNATION standing facility.
CCP#135-MAY27,1997 By prohibiting 'freestanding" towers, the
Attached please find a sheet from the County Clerk's Office ordinance appears to sanction the use of “guyed” towers.
which indicates that the petitioner, Greater New Hope Church Note however, the “guyed” towers, by their nature, require
of God in Christ, has filed their property description as substantially more land area, and may result in greater
requested by CCP #135-May 27, 1997 for landmark disruption of neighborhood patterns than a free-standing
designation. facility.
RECEIVED AND FILED HEIGHT LIMITATIONS FOR TOWERS AND ANTENNAS
NO.90 Proposed Sections 511-156 B. and C. limits
HARTER,SECREST&EMERYFORCELLULARONE the height of a tower or antenna attached C)
PROPOSEDORDINANCEAMENDMENT:CHAPTER511-to an existing tower or building to 10 feet above the highest
ZONING point of the tower or building to which it is attached.
ARTICLEXXIX-COMMUNICATIONSTOWERSANDIn many cases, technological advances in the communications
ANTENNAS industry will result in the design of smaller antennas, dishes
This will confirm our telephone conversation of June 24 and other broadcast or reception devices. However, it is also
regarding the above-referenced matter. I understand that the likely that engineering and radio coverage considerations will
Common Council's Legislative Committee will be considering dictate that equipment be used which extends more than 10
this matter at its meeting on July 1, 1997 in the Common feet above the highest point of the existing tower or structure.
Council chambers. I anticipate that a representative of Cellular A variance request is clearly an option in such cases; however,
One and I will be present at that time to discuss the issues as an alternative, Cellular One believes that a case-by-case
raised by this proposal and to answer any questions from review of visual impact would be appropriate, particularly
members of the Committee or staff. because painting, screening or camouflage have often proven
As noted in my recent letter to you regarding the to be effective in "hiding" such facilities from view.
proposed addition of Chapter 440 to the Code of the City of PROHIBITION OF Newly Constructed Towers or Antennas
Buffalo governing telecommunications, Cellular One is a By prohibiting newly-constructed communications
wireless telecommunications provider licensed by the Federal towers or antennas in any district other than "C" or "M"
Communications Commission, and constitutes a "public utility" Districts, this legislation may produce several unintended
under the New York State Public Service Law. The company results:
provides service to its customers through a network of radio · To the extent the ban on new towers or antennas
antennas located throughout the metropolitan Buffalo area. outside the "C" and "M" Districts prevents a
The signals from these antennas connect with the local wire-wireless communications provider from making
line telephone system through a "switch" located in the service available within those areas, the legislation
company's office in the Rand Building in Buffalo, providing " would violate the federal Telecommunications Act
seamless " connection between mobile telephones and the " of 1996 which prohibits municipal regulation which
land line " system. has the effect of depriving the public of service.
The proposed legislation governing · As with the prohibition against extension of
"Communications Towers and Antennas" presently under existing facilities in residential districts, this
consideration raises several areas of concern which I hope the prohibition may have the practical effect of
Common Council will address and consider: generating applications for a greater number of
FREE STANDING Communications TOWERS IN "R" towers or antennas than might otherwise be
DISTRICTS required. For instance, coverage and
The proposed Section 511-156A. prohibits "newly demand patterns could dictate the need for service
constructed, rebuilt or extended freestanding communications in areas outside the "C" and "M" Districts, and
towers ... in any R District." The consequences of adoption of such areas might best be served from towers or
this type of restriction include: antennas located within those districts. Under this
Under legislation, the need to locate such facilities
traditional treatment of "pre-existing outside the districts in which coverage is to be
non-provided could well mean that two or more facilities
conforming uses," the owner of an -may be needed to "reach" an area where one
existing free-standing would be permitted to facility might otherwise have been sufficient.
repair or rebuild the facility without running afoul Cellular One recognizes that relief from these and
of zoning restrictions. The prohibition on other provisions of the proposed ordinance may be
"rebuilding" (or, presumably, on "repairs" which obtained through a variance application. By the
are so extensive as to be considered same token, the City of Buffalo must recognize
"rebuilding") would ultimately deprive the owner that pursuant to the Court of Appeals decisions in
of the continued use and benefit of a valuable 43
Matter of Consolidated Edison Co. v. Hoffman,
asset and give rise to a potential claim for
N.Y.2d 598, 403 N.Y.S.2d 193 (1978) and
Cellular
compensation.
82 N.Y.2d 364, 604
Telephone Co. v. Rosenberg,
N.Y.S.2d 895 (1993), normal use variance
standards are not applicable to cellular telephone July 8, 1997.
facilities. Instead, as "public utilities, " the Such a resolution, should it pass the full Council, would have
showing required for a use variance is only that a an immediate and profound effect on Niagara Mohawk -- one of
particular facility in a specific location is "required the City of Buffalo's largest employers and taxpayers. Yet,
to render safe and adequate service." Since were it not for a Niagara Mohawk employee who was
Cellular One and other wireless communications monitoring the committee meeting, we would have no
carriers are not likely to make the investment knowledge that this item was under consideration. Niagara
required to establish communications facilities Mohawk was not given an opportunity to address the issue
they are "required to render safe and formally, although we stand ready to do so.
unless
Likewise, we are concerned that anecdotal information about
adequate service," the need to secure a variance
Niagara Mohawk and our industry is making its way through
in such cases may often achieve no more than
various council member offices and is being misrepresented or
adding an additional procedural layer of approvals
simply misunderstood without benefit of rebuttal or clarification
to the process.
by Niagara Mohawk. For instance, the resolution in question
Even if a blanket prohibition on "towers" could be
states that 'deregulation of the power industry has increased
sustained in areas other than the "C" or "M"
the number of municipalities which have successfully
districts, the ban on "antennas" is particularly
established their own utility...' In fact, not a single municipal
puzzling. In view of the ability to attach antennas
electric system has been established in New York State since
to existing structures and buildings -- often in a
1981. Nationally, only a few municipal utilities have been
disguised or camouflaged manner - it is difficult to
created in that time, averaging about 3,000 customer meters --
understand what land planning objectives are
and certainly none the size of the City of Buffalo.
sought to be achieved by such a prohibition. Here
Therefore, I am requesting the following:
again, given the limitations imposed by the
1. That Niagara Mohawk be afforded the opportunity to
Telecommunications Act of 1996 and the favored
formally address the specific resolution in question, plus other
variance treatment authorized by case law, such a
information that we believe is pertinent to any consideration of
ban may be hard to defend.
the electric utility industry in the state of New York and
DEFINITION OF " 100 % CLEAR ZONE"
particularly the City of Buffalo. Likewise, we would welcome
This requirement, applicable to newly constructed
the opportunity to answer as best we can any question that the
communications towers in the "C" or "M" Districts, is designed
Council, staff or other city officials may have.
to prevent damage resulting from a structural failure of a tower
2. The resolution in question implies that 'much
However, Cellular One would respectfully suggest that
research' has been conducted on this matter. We would like to
Common Council seek input on this question from structural
obtain a copy of such research so that we can adequately
engineers who are familiar with communications towers.
review and address it. We would hope that it would be not be
engineers, Cellular One believes, will advise the Common
necessary to file a formal Freedom of Information Law request,
Council that communications tow whether guyed or free-
although we stand ready to do so. Ironically, when this issue
standing -- are--- designed and constructed in order to 'buckle"
was considered by the Council last year at this time, we filed
inward event of a structural failure, and that the possibility of a
such a request and received back from the City less
tower "falling over" for its entire length is so remote as to be
documentation that we had otherwise obtained from other
nearly impossible. For a tower to fall to the -round for its entire
sources.
length "breaking point" would have to be at the base; to the
3. We would appreciate receiving copies Of the
extent a tower is likely to fall at all the "breaking point" will occur
Request for Proposals or other bidding documents used to
at some point along the height of the tower, resulting in the
obtain the consulting firm that would assist the city with
either collapsing on itself or "bending over. " Based on these
creation of a municipal electric system.
factors, a "drop zone" equal 80% of the height of the tower will
As I mentioned in my correspondence to you and all Common
prove to be sufficient to obtain the desired result.
Council members dated May 27 of this year, we share the
SIGNS
City's concern about rising costs and economic development.
Section 511-157 E. prohibits "signs ... of any
Great progress has been made in the development of a
nature" on any communication to antenna." Cellular One
competitive marketplace in general, and on Niagara Mohawk's
believes that a blanket prohibition of this sort, which would also
proposal specifically. We think it appropriate
prevent standard "warning," signs, would be detrimental to Power Choice
public safety and would not be in the best interests of either that we be afforded an opportunity to talk about these issues.
Cellular One or the City of Buffalo. If you or your staff would contact us at your earliest
Cellular One appreciates the opportunity to convenience to arrange such an opportunity, we would be most
comment on the proposed ordinance, would be happy to appreciative. Thank you.
answer any questions you or members of the Common Council REFERRED TO THE COMMITTEE ON LEGISLATION
may have in connection with this legislation or the impact of the NO.93
legislation on Cellular One's opera Thanks again for your SONS&DAUGHTERSOFKINGS&QUEENSINC.
cooperation and assistance. REQUESTSURPLUSFURNITURE
REFERRED TO THE COMMITTEE ON LEGISLATION Sons & Daughter of Kings & Queens Inc., is a not-for-profit
NO.91 corporation embarking on a major development in our
LABIN&BUFFOMANTE community. This development will indeed benefit our youth,
EXEMPTIONFORSPECIALASSESSMENT their families, the neighborhood and of course the city of
DISTRICTTAX-1141KENSINGTON Buffalo and all it's surrounding areas. The mission of the
Please be advised that I represent the above academy is to provide a youth discipline service based on the
mentioned Maureen O'Connor, former owner of 1141 sound principles of leadership. The participants of the
Kensington Avenue. I enclose herewith a petition that I would academy are called Young Kings and Young Queens.
that you submit to the Buffalo Common Council. As you will The youth, their families and the community have banded
note, Ms. O'Connor is seeking the exemption from the Special together to restore one of Buffalo's' Community eyesores, so it
Assessment District Tax due to the fact that her property was may be used to provide a safe, clean, caring and well-
not a business property but in fact, a homestead. I've talked to supervised atmosphere for our youth. We have the know how
the City of Buffalo Tax Collector's Office as well as to Bruna and the personnel, however we do not have the much needed
Michaux and they had suggested that I write a letter to you I supplies.
requesting the exemption. I thought it best to put it in the form Just lately we had an opportunity to view two of the recently
of a formalized petition. If there is anything further that you vacated police stations and discovered that there was some
need from me, please advise. I would be happy to add any oral office furniture still remaining not being used. If there is any
argument if you feel it would be necessary. Thank you in surplus furniture located throughout the city of Buffalo,
anticipation of your cooperation. we humbly ask that you fulfill our request for the
REFERRED TO THE COMMITTEE ON FINANCE, THE following! items.
COMMISSIONER OF ASSESSMENT AND THE (100) student desks (4) storage cabinets
CORPORATION COUNSEL. (4) office desk (3) coat rack
NO.92 (4) 4-drawer file cabinets (2) conference tables (1) 2-
NIAGARAMOHAWK drawer file cabinet (1) black boards
CREATIONOFMUNICIPALELECTRICALSYSTEM Thank you, in advance for your time and consideration for this
It has come to our attention that the Common Council's most important matter, as we look forward to what we hope will
Committee on Legislation Tuesday (7/1) moved without be a favorable response.
recommendation a proposed resolution dealing with the REFERRED TO THE COMMITTEE ON LEGISLATION, THE
creation of a municipal electrical system for full Council COMMISSIONER OF PUBLIC WORKS AND THE
consideration at the next scheduled session, which I believe is CORPORATION COUNSEL.
NO.94 Insertion of home rule accomplishes several purposes it's .
S.STYKA wording, being obtuse confuses and associates local power
CHAUTAUQUACONFERENCEONREGIONALwith the goal of merging government, and it begins the process
GOVERNANCE of resealing power into the State in contradiction of the
The enclosed topics regarding regional government were Declaration of Independence, the Preamble to the Constitution
not presented indeed their very existence was never mentioned and the Tenth Amendment. Language such as is proposed
at this conference dubbed by the Buffalo News as "the biggest, above is later added to firm up this reversal of authority.
most detailed event on regionalism that had ever been held." Amazingly proponents rest their legal footing on a statement by
(Buffalo News June 5, 1997). They are :United Nations an Iowa state judge, Mr. Dillon, whose decision from 1868
Regional Arrangements; Multistate Regionalism; Substate claims "local government is entirely a creature of the state, who
regionalism; Nelson A.Rockefeller executive order creating breaths the very life into it". No name or citation of the Dillon
regional borders; Nixon executive order creating multistate case is given.
regional borders; the Final Report of the Nelson A. Rockefeller Establishing that all local power is granted unless denied
Institute for Governmental Research on Constitutional Revision by the state presupposes it can be withdrawn. This of course
regarding the establishment of a border commission and enables a framework for mandatory
revision of home rule. referendum to later be eliminated and forced annexation to
As the Buffalo News now blames’ politicians' for’ failure occur. The following are some of the comments that
to have regional government you should know that nearly every demonstrate why this 'governance solution' fits nicely: Giambra
speaker acknowledged that regional government is usually, if "we ought to ... force {it) from the top down"; Henderson (we
not always voted down by the constituents, and therefore some need) "a forced march"; Ireland "Regionalism is an... act
form of top down force or a heavy diet of carrots and sticks' is between non-consenting adults";
necessary. Hammerstad (Portland) "People (are) having tantrums ... do
You should also know that Ms. Ireland of the Buffalo you know how the people feel?--not good! But we feel...";
News, a moderator at the conference stated the News has "had Gilchrist (Canada) "we'll ... force it"; Cook (Canada) "it's
a long standing campaign for regional government". It is doubtful we can voluntarily achieve this ... we must overcome
unfortunate the News has asserted that attendees left the territorial imperative"; Giambra "{after listening to them) I
conference well informed and pledging action as "budding have lost my disdain for dictatorships". With regard to the
regionalists" when astonishingly in the four days of the use of force it is also significant to note that the facilitator
conference not a single piece of paper was given to attendees method over attendee's input was used at the conference
nor any mention made of this information. break-out sessions. For example on the first day panelists
Nearly all conference speakers are noted contributors to whose names were not on the program were seated with
Neil Peirce's Book Citistates. the speakers were: Neil Peirce, separated groups of attendees and redirected dissent. At
William Dodge, Theodore Hershberg, Lenneal Henderson, another break-out which separated attendees by jurisdiction
David Rusk and Curtis Johnson, as such I enclose a summary facilitator Dodge refused repeated request to include the
of quotes from Mr. Peirce's book. The remaining speakers comments of five people, two were public officials and one
were primarily from the Nelson A. Rockefeller Institute of even served on the steering committee establishing the
Government, namely: Director Richard Nathan; Gerald conference. The comments included reference to the Tenth
Benjamin, director of the project on the Modern Governorship Amendment and loss of local representation.
and a member along with Mr. Dodge of the Rockefeller The Buffalo News suggests you are fiscally irresponsible for
Institute's advisory committee for the Local Government not supporting regional councils of county and multi-county
Restructuring Project. service districts however of critical importance is the fact that
With regard to 'top down force the speakers Gerald not one speaker stated that this costs less. In fact Pierce
Benjamin and Peter Gallie were very blunt. Unfortunately I quotes Unigov metropolitan-regional government leader
believe Mr. Bob Schultz, the non-lawyer of taxpayer saying "does it costs less? No, and we never said it would".
lawsuit fame who now leads the 'We the Peoples Page A-10 of the UB Governance Report says “the empirical
Congress' in a call for a NYS constitutional convention is evidence shows the greater number of multipurpose
similarly like minded . On this point I might add that at an earlier governments in an area the lower the amount of government
meeting in Buffalo where Mr. Schultz was invited to speak spending on services" and the Erie County Consolidation
before the Frontier Democrats and called for a convention, Mr. Committee report concludes "we must resist the temptation
Gallie a professor at Canisius College said informally but to look only at the bottom line."
publicly that he favors the elimination of the states and that he Hundreds of thousands of people lost local representation
has all Mr. Schultz' briefs. Mr. Schultz has testified before the with the merger in Toronto in which 1000 elected officials lost
Rockefeller Commission on Constitutional revision and seeks their jobs overnight when regional councils forced the merger
to implement the same changes as were attempted when of suburbs despite 80% opposition.
Nelson A. Rockefeller headed the convention in 1967 namely In light of all this I am alarmed that the elected public
uni-cameralism thereby concentrating all legislative State power officials are being targeted as the 'impediment' to something
in one house. the 'voters want'.
At the Chautauqua conference Mr. Benjamin and Mr. I have the entire conference tape, and will be meeting
Gallie also called for a constitutional convention. Mr. Benjamin with interested public officials at the Perkins Restaurant at
stated he was sorry the changes urged by Rockefeller in 1967 2208 Delaware Ave. Buffalo at 9:30 AM: June 14, 21, 22;
were not ratified, Mr. Gallie stated that he 'agrees with July 19 and 20th. I realize this arrangement is not routine but
everything Mr. Benjamin said'. I have found it difficult to meet the demand for this
Both Mr. Benjamin, and I believe Mr. Gallie support the information, however should you be interested but unable to
inclusion of a sentence in our constitution at Article IX home meet on any of these mornings I will gladly meet with you
rule which places the seat of power firmly in the state --- not the individually. Thank you for taking the time to present this
people. The sentence is recommended in the Rockefeller information to your constituents.
Institute's Final Report of the Constitutional Revision REFERRED TO COMMITTEE ON GOVERNMENT
Commission. This sentence states local government has all RELATIONS
power granted to it by the state which is not otherwise denied. I PETITIONS
enclose a copy of it for your review. It is important to add that NO.95
an answer to the question of whether they support inclusion of Thomas V. Sciortino, Jr., petitioner, Petition to rezone 290-300
that sentence was you difficult to obtain as Mr. Stan Lundine, Kenmore Ave. from C- I to C-2M for automobile repair facility.
moderator, would not allow the panelists to respond. It was REFERRED TO THE COMMITTEE ON LEGISLATION, THE
only by a demand for an answer that a response was given, CITY PLANNING BOARD AND THE COMMISSIONER OF
and then only by Mr. Benjamin stating "yes I do". Mr. Lundine COMMUNITY DEVELOPMENT.
then interrupted whereupon Mr. Gallie was happily excused NO.96
from answering. 500 Fuhrmann Blvd., owner, petition to use 500 Fuhrmann for
With regard to the steps recommended to institutionalize a pole sign.
this action Chautauqua speakers Mr. Peirce and Mr. Johnson REFERRED TO THE COMMITTEE ON LEGISLATION, THE
in their book Citistates recommend that first 'home rule' must CITY PLANNING BOARD AND THE COMMISSIONER OF
be inserted in state's constitutions. Speaker Anita Summers of COMMUNITY DEVELOPMENT
the Wharton School University of Pennsylvania Philidelphia PA NO.97
19104 said a study of legal impediments to mergers of Auto Zone, - owner, petition to use 2705 Bailey Avenue for a
governments has been completed of every constitution of every pole sign.
state in the united States. Citistates explains that initial REFERRED TO THE COMMITTEE ON LEGISLATION, THE
insertion of home rule is a first step 'governance' solution and CITY PLANNING BOARD AND THE COMMISSIONER OF
an alternative to imposing a supraregional government. COMMUNITY DEVELOPMENT.
NO.98 RESIDENCY
Hardwickes Ammex Limited, - owner, petition to use 159 Porter (ITEM#157CCPAPRIL15,1997)
for offices and storage. That the above mentioned Item be and the same is hereby
REFERRED TO THE COMMITTEE ON LEGISLATION, THE received and filed.
CITY PLANNING BOARD AND THE COMMISSIONER OF ADOPTED
COMMUNITY DEVELOPMENT. NO.112
NO.99 INCR.NUMBEROFDOCUMENTS-RESIDENCY(A&F)
Westside Rowing Club., owner, petition to use 40 Porter for (ITEM#56CCPAPRIL29,1997)
Boat House/Club. That the above mentioned Item be and the same is hereby
REFERRED TO THE COMMITTEE ON LEGISLATION, THE received and filed.
CITY PLANNING BOARD AND THE COMMISSIONER OF ADOPTED
COMMUNITY DEVELOPMENT NO.113
REGULARCOMMITTEES RESIDENCYISSUES(CC)
CIVILSERVICE (ITEM#62CCPJUNE24,1997)
HON.DAVIDCZAJKA That the above mentioned Item be and the same is
CHAIRMAN hereby received and filed.
NO.100 Mr. Czajka moved that the above item be recommitted to the
EQUALOPP.HIRINGPRACTICES Committee on Civil Service.
(ITEM#190CCPJULY23,1997) ADOPTED.
That the above mentioned Item be and the same is hereby NO.114
received and filed. APPOINTMENT
ADOPTED ASSOCIATEACCOUNTANT
NO.101 That communication 20, May 27,
EQUALOPP.HIRINGPRACTICES(A&F) 1997 be received and filed and the Permanent appointment of
(ITEM#59CCPSEPTEMBER17,1997) Susan C. Mascia stated above at the Fifth salary $37,643.00
That the above mentioned Item be and the same is hereby effective on May 19, 1997 is hereby approved.
received and filed. PASSED AYES- 13 NOES- 0
ADOPTED NO.115
NO.102 APPT.SUPV.OFSLUM&BLIGHT(MAX)(PW)
CEDI-EQUALOPP.HIRINGPRACTICES (ITEM#68CCPMAY27,1997)
(ITEM#72CCPNOVEMBER12,1997) 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.116
NO.103 APPOINTMENT
INFO.NOTICESOFAPPT.(#85,10/15)(A&F) SENIOROPERATIONSCOMMUNICATIONS
(ITEM#80CCPNOVEMBER26,1997) COORDINATOR
That the above mentioned Item be and the same is hereby That Communication 22, June 24,
received and filed. 1997 be received and filed and the Provisional appointment of
ADOPTED Mary G. O'Rourke stated above at the intermediate salary
NO.104 $30,002.00 effective on June 5, 1997 is hereby approved.
CITYUNIONHIRINGPRACTICES/RECRUITMENTPASSED AYES- 13 NOES- 0
(#167,10/15) NO.117
(ITEM#118CCPDECEMBER23,1996) APPOINTMENT
That the above mentioned Item be and the same is hereby FORESTRYCREWSUPERVISOR
received and filed. That Communication 71, June 24,
ADOPTED 1997 be received and filed and the Provisional appointment of
NO.105 Robert Kot stated above at the Maximum salary $27,597.00
CITY/UNIONHIRINGPRACTICES/RECRUITMENTeffective on June 16, 1997 is hereby approved.
(#63,10/29) PASSED AYES- 13 NOES- 0
(ITEM#119CCPDECEMBER23,1996) NO.118
That the above mentioned Item be and the same is hereby APPT.COUNSELORIII(MAX)(HSPR)
received and filed. (ITEM#72CCPJUNE24,1997)
ADOPTED That the above mentioned Item be and the same is
NO.106 hereby received and filed.
W.SCHWAN-CITY/UNIONHIRINGPRACTICES(#82,11/12) ADOPTED
(ITEM#120CCPDECEMBER23,1997) NO.119
That the above mentioned Item be and the same is hereby APPOINTMENT
received and filed. DATAENTRYOPERATOR
ADOPTED That Communication 75, June 24,
NO.107 1997 be received and filed and the Permanent appointment of
LOCAL264-CITY/UNIONHIRING/RECRUIT(#113,11/26) Christine A. Schalberg-Lehner stated above at the Maximum
(ITEM#121CCPDECEMBER23,1996) salary $26,121.00 effective on June 15, 1997 is hereby
That the above mentioned Item be and the same is hereby approved.
received and filed. PASSED AYES- 13 NOES- 0
ADOPTED NO.120
NO.108 NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK)
CITY/UNIONHIRINGPRACTICES/RECRUITMENT(ITEM#84CCPJUNE24,1997)
(A&F)(#32,12/10) That the above mentioned Item be and the same is hereby
(ITEM#122CCPDECEMBER23,1996) received and filed.
That the above mentioned Item be and the same is hereby ADOPTED
received and filed. FINANCE
ADOPTED HON.DAVIDFRANCZYK
NO.109 CHAIRMAN
UTILIZATIONOFAFFIRM.ACTIONPOLICY NO.121
(ITEM#201CCPDECEMBER10,1997) CHANGEORDERDEMOLITION-20HARWOOD
That the above mentioned Item be and the same is hereby (ITEMNO.45,C.C.P.,NOV.12,1996)
received and filed. (ITEMNO.126,C.C.P.,MAY27,1997)
ADOPTED That the Commissioner of Community
NO.110 Development be, and he hereby is authorized to issue a change
EQUALOPP.HIRINGPRACTICES(CSC) order of an emergency demolition contract to Eastwood
(ITEM#23CCPJANUARY7,I997) Industries at an increase of $7,000.00, for a total of $9,800.00
That the above mentioned Item be and the same is hereby relating to 20 Harwood, with said cost to be charged against
received and filed. Special Assessment Fund #500-000-002-00000, and that said
ADOPTED cost shall be collected against the owner or person in
NO.111 possession of the premises and/or shall be assessed against
INCR.NO.OFDOCUMENTSREQ.ASPROOFOFthe property benefited, in accordance with Chapter II 3 of the
Code of the City of Buffalo. p.m.-9:00 p.m.
PASSED AYES- 13 NOES- 0 PASSED AYES- 13 NOES- 0
NO.122
BIDS-SKYWAYLOT#3 LEGISLATION
(ITEMNO.16,C.C.P.,JUNE24,1997) HON.ALFREDT.COPPOLA
That the Director of the Board of Parking be, and he CHAIRMAN
hereby is, authorized to award a contract for Skyway Lot #3 for
three years, to Allright Parking Buffalo, Inc., the highest NO.130
responsible bidder in the amount of $36,636. ORD.AMEND.CH.511-COMMUNICATIONTOWERS
PASSED AYES- 13 NOES- 0 (CCP197,6/24/97)
NO.123 That the above item be, and the same hereby is', returned
TRANSFEROFTITLE-URBANHOMESTEADPROGRAM-to the Common Council without recommendation.
368&370SHERMANSTREET A Public Hearing has been set, before the Common
(ITEMNO.17,C.C.P.,JUNE24,1997) Council, at this regularly scheduled meeting, on the above item.
That the City-owned property commonly known as 370 and a Notice of same has been published in the Buffalo News,
Sherman Street and 368 Sherman Street, are hereby a copy of which is attached hereto.
designated as Homestead Property, and that the Mayor be, and On a motion by Mrs. LoTempio, seconded by Mr.
he hereby is, authorized to execute a deed transferring said Zuchlewski, the item is properly before the Common Council,
property to Ms. Ida M. Thomas, Project Director, Ellicott District and the hearing be opened.
Community Development Inc., 644 William Street, for the CARRIED.
amount of $1.00 (One Dollar), and all costs of transfer, on the Appearances-George Graser,
condition the properties are cleared and improved within six (6) Cellular One
months and is maintained in a sanitary manner for at least Mrs. LoTempio now moved that the hearing be closed.
thirty-six (36) months. Seconded by Mr., Brown
PASSED AYES- 13 NOES- 0 Mr. Coppola moved that the above item be recommitted to
NO.124 the Committee on Legislation.
RENEWLEASE-416KENMOREAVENUE ADOPTED.
(ITEMNO.18,C.C.P.,JUNE24,1997)
That the Comptroller be, and hereby is NO.131
authorized to renew the lease between the City of Buffalo and JOSEPHTOMASULO-PETITIONTOUSE423ELMWOOD
S.M. Flickinger, Inc., for use of 416 Kenmore Avenue, with the SIT-INRESTAURANT
option to renew. This lease is for a five (5) year period (ITEMNO.101,C.C.P.,JUNE24,1997)
commencing October 1, 1987 to September 30, 1998, the That after a public hearing before the Committee on
annual rental fee is $40. That the Corporation Counsel be Legislation on July 1, 1997 the petition of Joseph Tomasulo,
authorized to prepare the necessary lease extension agreement owner, for permission to use 423 Elmwood Avenue for a sit-in
and that the Mayor be authorized to execute the same. restaurant be, and hereby is approved.
PASSED AYES- 13 NOES- 0 PASSED
NO.125 AYES-13 NOES-0
RENEWLEASE-S.BUFFALOTHEATER,INC.
(ITEMNO.19,C.C.P.,JUNE24,1997) NO.132
That the Comptroller be, and hereby is WALTERJ.MATT-PETITIONTOUSE244ALLEN-SIT-IN
authorized to renew the lease between the City of Buffalo and RESTAURANT
the South Buffalo Theater, Inc., for use of the Auditorium and (ITEMNO.102,C.C.P.,JUNE24,1997)
Rooms 105 and 227 at former School 29, 2193 South Park That after a public hearing before the Committee on
Avenue, with the option to renew. This lease is for a three (3) Legislation on July 1, 1997 the petition of Walter J. Matt,
year period commencing March 1, 1997 to February 28, 2000, owner, for permission to use 244 Allen for a sit-in restaurant
the annual rental fee is $1.00. That the Corporation Counsel be be, and hereby is approved.
authorized to prepare the necessary lease extension agreement PASSED
and that the Mayor be authorized to execute the same. AYES -13 NOES - 0.
PASSED AYES- 13 NOES- 0
NO.126 NO.133
LEASEEXTENSION-SHEA'SO'CONNELLROBERTFARRARA-PETITIONTOUSE820ELMWOOD
PRESERVATIONGUILD,LTD. AVENUE-BILLBOARDSIGN
(ITEMNO.20,C.C.P.,JUNE24,1997) (ITEMNO.104,C.C.P.,JUNE24,1997)
That the Comptroller be, and hereby is That after a public hearing before the Committee on
authorized to renew the lease between the City of Buffalo and Legislation on July 1, 1997 the petition of Robert Farrara,
Mr. Patrick Fagen, Executive Director of the Shea's O'Connell owner, for permission to use 820 Elmwood Avenue
Preservation Guild Ltd. for an additional two (2) year period for a billboard sign be, and hereby is denied.
until the new lease and the operating agreement are finalized; ADOPTED
and the Corporation Counsel is authorized to prepare the AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
necessary lease extension agreement. The finished document HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
shall be submitted to the Council for final approval. QUINTANA, WILLIAMS, ZUCHLEWSKI-12.
PASSED AYES- 13 NOES- 0 NOES - PITTS-1.
NO.127
RESCINDSALE-586NIAGARASTREET NO.134
(ITEMNO.21,C.C.P.,JUNE24,1997) PIERCE&STEVENS,INC.-PETITIONTOUSE660-710
That the Comptroller be, and hereby is authorized to rescind OHIOSTREET-TANKFARM/BUILDING
the sale of 586 Niagara Street to Mr. Jose Palma, 771 Ransom (ITEMNO.105,C.C.P.,JUNE24,1997)
Road, Grand Island and return his deposit in the amount of That after a public hearing before the Committee on
$400.00 (Four Hundred Dollars) and pay the appraisal fee in Legislation on July 1, 1997 the petition of Pierce & Stevens
the amount of $275.00 (Two Hundred and Seventy-Five Inc., owner, for permission to use 660-71 0 Ohio Street to
Dollars). construct a steel building and tank farm for solvents, be, and
PASSED AYES- 13 NOES- 0 hereby is approved.
NO.128 PASSED
VAR.NIAGARAMOHAWKPOWERCORP.AGREEMENTS AYES - 13 NOES
(ITEM#56JUNE24,1997CCP)
That the above mentioned Item be and the same is hereby NO.135
referred to the committee on Legislation. HUHLMACHINE&CONVEYOR-PETITIONTOUSE1590
ADOPTED NIAGARAST.-BILLBOARDSIGN
NO.129 (ITEMNO.106,C.C.P.,JUNE24,1997)
WAIVEPERMITFEESFORBUFFALOBEAT'S"SUMMER That the above item be, and the same hereby is, returned
INTHECITY" to the Common Council without recommendation.
(ITEMNO.210,C.C.P.,JUNE24,1997) Mr. Coppola moved:
That all City Departments including but not That after a public hearing before the Committee on
limited to the Departments of Community Development, Public Legislation on July 1, 1997 the petition of Huhl Machine &
Works and Police waive all permit fees for the Summer in the Conveyor, owner, for permission to use 1590
City to be held on June 29, July 27 and August 24 from 4:00 Niagara Street for a billboard sign be, and hereby is approved.
PASSED That the Advisory Committee complete its study and
AYES - 13 NOES - 0 provide a report to the Common Council by June 1, 1998 so
that the Common Council can make an informed decision
NO.136 about bringing this matter to a referendum in November of
USE903EXCHANGE(C.P.BD.) 1998.
ITEM#15CCPJUNE24,1997) Seconded by Mrs. LoTempio.
That the above mentioned Item be and the same is hereby Mr. Coppola now moved to approve the amended item.
received and filed. Seconded by Mrs. LoTempio.
ADOPTED PASSED
AYES - 13 NOES - 0.
NO.137 Referendum on Municipal Electric Utility Service
SHIPCANAL-PETITIONTOUSE9CITYSHIPCANAL-(Item No. 188, C.C.P., Mar. 18, 1997)
POLESIGN That the above item be, and the same hereby is, returned
(ITEMNO.68,C.C.P.,MAY13,1997) to the Common Council without recommendation.
That the above item be, and the same hereby is, returned Mr. Coppola moved:
to the Common Council without recommendation. That this Common Council requests that Corporation
Mr. Coppola moved: Counsel prepare a referendum pursuant to Article 14-A of the
That after a public hearing before the Committee on General Municipal Law of the State of New York for Election
Legislation on July 1, 1997 the petition of Ship Canal, owner, Day, November 4, 1997, allowing the City of Buffalo to
for permission to use 9 City Ship Canal for a pole sign be,and establish a municipal electric utility service in accordance with
hereby is denied. the following:
ADOPTED 1. The plant and facilities for such service, to the
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, extend prudent and necessary, shall be acquired by
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, condemnation in accordance with the laws, rules, and
QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 regulations of the State of New York from Niagara Mohawk
NOES - PITTS - 1. Power Corporation or shall be purchased, or constructed, or
leased in accordance with the laws of the State of New York,
NO.138 and
S.HARTS-COMPLAINT-SIGNAL-FRANKLIN/MOHAWK 2. The cost of such plant and facilities would be
(ITEM#80CCPOCTOBER29,1997) determined by information filed with the New York State Board
That the above mentioned Item be and the same is hereby of Equalization and Assessment; and
received and filed. 3. The method of furnishing service shall be through a
ADOPTED contract or contracts to be entered into according to the laws of
the State of New York and/or the development, construction,
NO.139 operation and maintenance by the municipal electric utility of
INFO-TRAFFICSIGNALFRANKLIN/MOHAWK any necessary generation, transmission, distribution and
(ITEM#46CCPJUNE24,1997) incidental facilities and equipment; and
That the above mentioned Item be and the same is hereby 4. The City of Buffalo would be assisted in developing
received and filed. and establishing a municipal electric service by a consulting
ADOPTED firm which would provide all legal, engineering, and other
professional services necessary and prudent for establishing a
NO.140 municipal electric utility; and that consulting firm would recover
REFERENDUMONMUNICIPALELECTRICUTILITYexpenses from savings realized over time by the municipal
SERVICE electric utility's retail customers.
(ITEMNO.188,CCP,MARCH18,.1997) Mr. Coppola made a motion to receive and file the original
Mr. Coppola moved to amend: item.
Whereas: After much research, it appears that the best Seconded by Mrs. LoTempio.
solution to the ever-increasing cost of electric power is for the ADOPTED.
City of Buffalo to establish a municipal utility service; and
Whereas: The creation of a municipal utility service NO.141
requires the enactment of a local law and a referendum; and RECYCL./WASTEPROG.MARINEMIDLANDARENA
Whereas: Conclusive information is required by the (ITEM#202CCPMARCH4,1997)
Common Council prior to taking steps to establish a municipal That the above mentioned Item be and the same is hereby
utility service- and received and filed.
Whereas: The best way to gather information and ADOPTED
present it in a cohesive and coherent fashion is to establish a
committee to study the issue and present its findings to this NO.142
Council; and C.JOHNSON-WILLIAMST.SUNKENMANHOLES(PW)
Whereas: A serious committee with goals, activities and (ITEM#30CCPMARCH18,1997)
deadlines will have the effect of focusing the Common Council That the above mentioned Item be and the same is hereby
and allow this body to take final, decisive action on the issue of received and filed.
municipalization of the electrical distribution system; and ADOPTED
Now Therefore Be It Resolved:
That the Common Council does hereby establish the NO.143
Advisory Committee on Municipal Electric Utility Service and B.BROWN-CHANGENAME
Energy to be comprised of not more than fifteen members, at PORTIONOFMICHIGANAVE.
least two of which shall be appointed by the Common Council, (ITEM#50CCPMAY13,1997)
two by the Mayor, two by the County Executive, two by the That the above mentioned Item be and the same is hereby
Commissioner of Public Works, one by the Board of Education, received and filed.
one by the Comptroller and one by the Corporation Counsel ADOPTED
with additional appointments by the Council if desired; and
Be It Further Resolved: NO.144
That the Advisory Committee shall be charged to study NAMECHG.-PTN.OFMICHIGANAVENUE(C.P.BD)
the issue of municipalization and other alternative means to (ITEM#14CCPJUNE24,1997)
provide competitive power sources for the City of Buffalo and That the above mentioned Item be and the same is hereby
affected communities, which shall include developing a received and filed.
feasibility study and, if necessary, a request -for ADOPTED
proposals/qualifications to -determine the-best-method of
providing for competitive and/or less costly electricity including, NO.145
but not limited to-, municipalization "bulk or group" purchasing NAMECHANGE-PTN.OFMICHIGANAVE(CC)
of power and co-generation arrangements. (ITEM#57CCPJUNE24,1997)
Be It Further Resolved: That the above mentioned Item be and the same is hereby
That the City of Buffalo provide whatever financial or received and filed.
technical resources are required to assist the Advisory ADOPTED
Committee in performing its duties, such expenditures not to
exceed $10,000 without further Council approval. NO.146
Be It Finally Resolved: CHANGENAME-PRT.MICHIGAN(PW)
(ITEM#49CCPJUNE24,1997) PASSED
That the above mentioned Item be and the same is hereby AYES - 13 NOES - 0.
received and filed.
ADOPTED NO.155
ENCROACH-657MAINSTREET-SIDEWALKCAFE
NO.147 (ITEMNO.32,C.C.P.,JUNE24,1997)
G.MORELAND-HAZARDAT240HAZELWOOD That the above item be, and the same hereby is, returned
(ITEM#61CCPMAY13,1997) to the Common Council without recommendation.
That the above mentioned Item be and the same is hereby Mr. Coppola moved:
received and filed. That the Commissioner of Public Works be, and he
ADOPTED hereby is authorized to issue a “mere license" to Mr. Eric
Michalowski, owner of Katrina's Restaurant, located at 657
NO.148 Main Street, to install a sidewalk cafe, which would encroach
RETENTIONOFUSEPERMITSFOR city right-of-way at said address, subject to the following
HUMANSERVICEFACILITIES conditions:
(CCP10,5/27/97) 1. That the applicant obtain any and all other City of
A Public Hearing has been set, before the Common Buffalo permits necessary for said installation.
Council, at this regularly scheduled meeting, on the above item, 2. That the sidewalk cafe be installed exactly as shown
and a Notice of same has been published in the Buffalo News, on plans submitted to and approved by the Department of
a copy of which is attached hereto. Public Works, Division of Buildings.
On a motion by Mrs. LoTempio, seconded by Mr. 3. That the sidewalk cafe does not exceed thirteen feet
Zuchlewski, the item is properly before the Common Council, (13') in length or extend more than thirteen feet (1 Y) from the
and the hearing be opened. building or public sidewalk.
CARRIED. 4. That no portion of the sidewalk cafe be permanent in
Appearances-Rev. Weir, Mr. Gustafero nature or permanently affixed to the main building or public
Mrs. LoTempio now moved that the hearing be closed. sidewalk.
Seconded by Ms. Kavanaugh. 5. That the sidewalk cafe be completely removed from
Mrs. LoTempio now moved City right-of-way from November 15 to April I each year.
That the above mentioned Item be and the same is hereby 6. That the applicant be assessed the annual fee of two
received and filed. dollars ($2.00) per square foot of City right-of-way occupied by
ADOPTED said sidewalk cafe as described in Chapter 413, Article IX,
Section 59 (Sidewalk Cafes) of the City
NO.149 Ordinances. (13'x 13'= 169 sq. ft. x $2.00 = $338.00/year).
USEPERMIT-HUMANSERV.FACILITY(CC) 7. That the applicant supply the City of Buffalo with a
(ITEM#61CCPJUNE24,1997) five thousand dollar ($5,000.00) construction in street bond or
That the above mentioned Item be and the same is hereby certificate of insurance which will indemnify and save harmless
received and filed. the City of Buffalo against any and all loss and damage out of
ADOPTED the construction, maintenance, use and removal of said
sidewalk cafe.
NO.150 PASSED
CREATE"NOPARKING"ZONE-FRANKLIN AYES - 13. NOES - 0.
BTW.SWAN&SENECA
(ITEM#168CCPMAY13,1997) NO.156
That the above mentioned Item be and the same is hereby ENCROACH-320PORTERAVENUE-INSTALLCONDUIT
received and filed. (ITEMNO.33,C.C.P.,JUNE24,1997)
ADOPTED That the Commissioner of Public Works be,
and he hereby is authorized to issue a “mere license" to Sister
NO.151 Denise A. Roche, GNSH, Ph.D., of D'Youville College, located
CREATENOPKG.ONFRANKLIN(PW) at 320 Porter Avenue, to install three conduits, which would
(ITEM#48CCPJUNE24,1997) encroach city right-of-way at said address, subject to the
That the above mentioned Item be and the same is following conditions:
hereby is received and filed. 1 . That the applicant obtain any and
ADOPTED all other City of Buffalo permits
necessary for said installation.
NO.152 2. That the conduits are installed a
REAPPOINTMENTOFMEMBERSTOTHE minimum of 36 inches below the
BUFFALOWATERFINANCEAUTHORITY pavement surface.
(ITEMNO.3,C.C.P.,JUNE10,1997) 3. That the applicant supply the
That the reappointment to the Buffalo Water Finance Department of Public Works with a
Authority of Joseph Makowski, residing at 194 Huntington set of "as built" plans showing the
Avenue, for a term expiring December 31, 1997; of Joseph location of said conduits.
Paladino, residing at 235 Lakefront Blvd., for a term expiring 4. That the applicant supply the City of
December 31, 1998, be and hereby are confirmed. Buffalo with a five thousand dollar
ADOPTED. ($5,000.00) construction in street
bond or certificate of insurance
NO.153 which will indemnify and save
NOTIF.SER.#8886-8888(PW) harmless the City of Buffalo against
(ITEM#30CCPJUNE24,1997) any and all loss and damage out of
That the above mentioned Item be and the same is hereby the construction, maintenance, use
received and filed. and removal of said conduits.
ADOPTED PASSED
AYES - 13 NOES -
NO.154 NO.157
ENCROACH-68COURTSTREET OUTDOORPAYPHONES(CC)
-BOLLARDSANDPLANTERS (ITEM#60CCPJUNE24,1997)
(ITEMNO.31,C.C.P.,JUNE24,1997) That the above mentioned Item be and the same is hereby
That the above item be, and the same hereby is, returned received and filed.
to the Common Council without recommendation. ADOPTED
Mr. Coppola moved: NO.158
That the Commissioner of Public Works be, and he DRAFTORDINANCE-LICENSEALLPAYPHONES
hereby is authorized to issue a “mere license" to Mr. Frank OUTSIDEBUILDINGS
Santella, Property Manager for United States General Services (ITEMNO.161,C.C.P.,APR.29,1997)
Administration, owners of the Michael J. Dillon Courthouse, (ITEMNO.146,C.C.P.,JUNE24,1997)
located at 68 Court Street, to install concrete bollards and That this Honorable Body directs the Corporation Counsel
planters, which would encroach city right-of-way at said to draft an Ordinance Amendment to regulate all pay phones
address, subject to the conditions as determined by the located outside of all private buildings in the City of Buffalo
Department of Public Works. regardless of the city right-of-way, to comply with Chapter 441-
2, Section J of the Code. and
ADOPTED. Whereas:This concept is intriguing and should be explored as
COMMUNITYDEVELOPMENT an alternative method to do much-needed capital improvements
HON.DALEZUCHLEWSKI to city-owned buildings such as schools and housing.
CHAIRMAN Now therefore be it resolved that Because this Common
NO.159 Council is interested in exploring alternative methods of
LDA-NEWINDUSTRIALPARK-INC.(CD). financing capital improvements, a meeting with CES/Way
(ITEMNO.70,C.C.P.JUNE24,1997) would be beneficial to explain this method, and this meeting
That the above item be and the same is returned to the should take place at the next Council Finance Committee
Common Council without meeting; and
recommendation. Be it further resolved that
A public hearing has been set, before the Common Council, at The following departments be informed of this meeting:
this regularly scheduled meeting, on the above item, and a Administration & Finance, Corporation Counsel, Comptroller,
Notice of same has been published in the Buffalo News, a copy Department of Public Works, Buffalo Sewer Authority, Buffalo
of which is attached hereto. Municipal Housing Authority, Buffalo Water Authority, Board of
On a motion by Mrs. LoTernpio, seconded by Mr. Czajka, the Education
item is properly before the Common Council, and the hearing is REFERRED TO THE COMMITTEE ON FINANCE,
opened. CORPORATION COUNSEL, COMMISSIONER OF
CARRIED. ADMINISTRATION AND FINANCE, COMPTROLLER,
Appearances - Lou Malucci COMMISSIONER OF PUBLIC WORKS, BUFFALO SEWER
D. Potenza, Lushlawn, Inc. AUTHORITY, BUFFALO MUNICIPAL HOUSING
Mrs. LoTempio now moved that the hearing be closed. AUTHORITY, WATER BOARD AND BOARD OF
Seconded by Mr. Czajka EDUCATION.
CARRIED. NO162
By: Mr. Coppola
Mrs LoTempio now moved:
WHEREAS, the City Clerk has published a Notice of Public
SNOWINSURANCE
Hearing.
Whereas:The City of Buffalo spent approximately $364,216 in
WHEREAS, the proposed Contract for Sale of Land has been
overtime for snow removal during the 1996-97 budget year; and
duly submitted to this Common Council by the Dept. of
Whereas:With Buffalo's questionable reputation as the snow
Community Development; and
capital of the East Coast, and the likelihood of frequent lake
NOW, THEREFORE, BE IT RESOLVED:
effect snow, it might benefit us to do what other municipalities
1. That the Mayor is hereby authorized to
in the Northeast are doing, take out a snow insurance policy;
execute any and all documents necessary to dispose of the
and
land described in the proposed "Contract for Sale of Land" to
Whereas:Policies are structured in different ways but factor in
Lushlawn, Inc. and/or other legal entity to be formed in
the average annual snowfall, a deductible, and geographical
accordance with the terms of said Agreement and for the
size; and
consideration recited therein.
Whereas:While the City of Buffalo is self-insured, snow
PASSED.
insurance could be a way of offsetting overtime expenses
AYES - BROWN, COPPOLA, CZAJKA, GRAY, HELFER,
during blizzard cleanup.
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
Now therefore be it resolved that
QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
This Common Council requests that the Corporation Counsel
NOES - FRANCZYK - 1
and Commissioners of Administration & Finance and Street
Sanitation explore the possibility of purchasing snow insurance
as a means of offsetting overtime expenses during blizzard
ORANYRESOLUTIONS
cleanup, and report their findings to this Council.
NO160
REFERRED TO THE COMMITTEE ON FINANCE,
By: Mr. Brown
CORPORATION COUNSEL, COMMISSIONER OF
REQUESTTOWAIVELICENSE&PERMITFEESFORADMINISTRATION AND FINANCE, AND COMMISSIONER
RENAISSANCEARTSFESTIVAL OF STREETS SANITATION.
Whereas: On Sunday, July 27, 1997, "50 Women With A NO163
By: Mr. Coppola
Vision" will sponsor the 2nd Annual Jefferson Avenue Arts
Festival to celebrate the revitalization of Jefferson Avenue and
WAIVEBLOCKPARTYPERMITFEESFORNATIONAL
the adjacent communities; and
NIGHTOUT
Whereas: The Jefferson Arts Festival is the beginning of
Whereas; This year, National Night Out will be held on
efforts to bring substantial community activities and
Tuesday, August 5, 1997, between 6: 00 and IO:00 pm; and
development to the inner-city; and
Whereas: I n the City of Buffalo, this event is easily
Whereas: The organization requests that all licenses and
promoted to fight crime and drugs, and neighborhood unity;
permit fees related to the festival be waived;
and
Now, Therefore, Be It Resolved:
Whereas: Block clubs are encouraged to take part in National
That all license and permits fees be waived for the Jefferson
Night Out activities with many of them planning block parties;
Renaissance Art Festival Sunday, July 27, 1997.
and
PASSED.
Whereas: The City of Buffalo charges a $12 processing fee
AYES- 13 NOES- 0
for block party permits; and
NO161
Whereas: To encourage block clubs to participate in this year's
By: Mr. Coppola
National Night Out activities, the city should waive the $12
ALTERNATEFINANCINGFORCAPITALPROJECTS processing fee for the permit to block city streets.
Whereas:The City of Buffalo traditionally sells municipal bonds Now therefore be it resolved that
to finance capital projects; however, there is an alternate This Common Council encourages participation of block clubs
financing mechanism for capital improvements that should be throughout the City of Buffalo in this year's National Night Out
explored; and activities on Tuesday, August 5, 1997, and supports waiving
Whereas:The feasibility of hiring a private company such as the $12 block party permit fee for that date. Any National
CES/Way, which raises financing, assumes all responsibility Night.Out Event coordinated with the Special Events
for construction projects including the engineering and financial Committee shall' have the fees waived and such application
risk, with repayment only when savings are realized, should be shall be filed with the Common Council for their approval.
studied; and PASSED.
Whereas: This company has done projects for SUNY at AYES- 13 NOES- 0
Buffalo and Courtland; Albany Medical Center; Louisiana State NO164
By: Messrs. Coppola and Quintana
University; the US Air Force and Navy; and the Statue of
Liberty, just to name a few; and
CHANGEDIRECTIONONTWOBLOCKSOF
Whereas:CES/Way has a master agreement with the City of
ASHLANDAVENUE
Buffalo for energy efficiency services and has already save the
Whereas:The Ashland Avenue Block Club has requested that
city $1,012,000 over a two-year period, and has raised $1.4
the Traffic Engineer change the direction of Ashland Avenue
million in grants; and
between Summer and Bryant, and Lexington and West Ferry,
Whereas:The projects included major capital improvements
which is presently one-way flowing north to one-way flowing
with large private investment and guaranteed savings with no
south on those two sections; and
negative impact on the institutions or municipalities employees
Whereas:Ashland is being used as an alternative thoroughfare
but had positive job creation impact on area contracting firms;
with an average daily traffic count at 1,300 vehicles, which is
twice the usual amount of traffic on a typical residential street; proposed creation of a mixed use parking facility to
and accommodate both Police and Public needs; and
Whereas:Changing the direction will calm traffic, but residents Whereas: A thorough review, by the Common Council, of the
feel it will also act as a deterrent by preventing "Johns" from "B" District proposal is necessary;
circling the block cruising for prostitutes, which has become a Now, Therefore, Be It Resolved:
problem in the Summer to Bryant blocks of Ashland and That this Common Council request that the Police
Norwood; and Commissioner and representatives from the City's Department
Whereas:This request has been made as part of an effort to of Public Works and from Foit-Albert, project architect, appear
make that neighborhood more friendly and attractive to its before the Council's Special Committee on Police
residents by decreasing the possibility that Ashland will be Reorganization to provide an update on the plans for the "B"
used as an alternative thoroughfare to Elmwood and Delaware District.
Avenues, which are designed for larger traffic volume. REFERRED TO THE SPECIAL COMMITTEE ON POLICE
Now therefore be it resolved that REORGANIZATION.
This Common Council, recognizing that many neighborhoods NO168
By: Mr. Franczyk
wish to calm traffic thus making their neighborhoods more
resident and people friendly, supports the Ashland Avenue
BONDRESOLUTION$100,000BONDSIMPROVEMENTS
Block Club in their desire to change the direction on Ashland
MUSEUMOFSCIENCEACCOUNT200-402
Avenue between Summer and Bryant, and Lexington and West
Bond Resolution of the City of Buffalo, New York, authorizing
Ferry from flowing north to south; and requests that the Traffic
the issuance of $100,000 General Improvement Bonds of said
Engineer take the necessary steps to comply with this request
City, to finance the cost of the partial reconstruction of the
to calm traffic.
Museum of Science Building located at 1020 Humboldt
REFERRED TO THE COMMITTEE ON LEGISLATION,
Parkway, in the City, at the estimated maximum cost of
COMMISSIONER OF PUBLIC WORKS, AND
$100,000.
CORPORATION COUNSEL.
The Common Council of the City of Buffalo, in the County of
NO165
Erie, New York, hereby resolves (by the favorable vote
By Mr. Czajka
of not less than two-thirds of all the members of said
SALARYORDINANCEAMENDMENT Common Council) as follows:
DEPARTMENTOFHUMANSERVICES,PARKS& Section 1. The Comptroller of the City of Buffalo, in the
RECREATIONDIVISIONFOR County of Erie, New York (herein called "City"), is hereby
SENIORCITIZENS- authorized and directed to issue General Improvement Bonds
The Common Council of the City of Buffalo does of said City in the principal amount of One Hundred Thousand
ordain as follows:That part of Section I of Chapter 35 of the Dollars ($100,000), pursuant to the provisions of the Charter of
Ordinances of the City of Buffalo, relating to 50 - Department said City and the Local Finance Law, constituting Chapter 33-a
Of Human Services, Parks & Recreation 3 - Division For of the Consolidated Laws of the State of New York (the "Law");
Senior Citizens, under the various subheadings relating to to finance the cost of the partial reconstruction of the Museum
positions listed below is hereby amended by adding: of Science Building located at 1020 Humbolot Parkway, in the
TEMPORARY SERVICES AS REQUIRED City, including electrical improvements. The estimated
Laborer 11 (Seasonal) $6.92 Hourly maximum cost of said specific object or purpose for which the
Senior Citizen Aide (Seasonal) $6.92 Hourly bonds authorized by this resolution are to be issued, including
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the preliminary costs and costs incidental thereto and the financing
Charter, that the immediate passage of the foregoing ordinance thereof, is $100,000, as set forth in the duly adopted Capital
is necessary. Improvements Budget of said City for fiscal year 1997-98, as
WE, DANIEL T. DURAWA, Commissioner Of Human amended.
Services, Parks & Recreation and JAMES B. MILROY, Section 2. The proceeds of the sale of the bonds authorized by
Director of the Budget, hereby certify that the above changes this resolution, or any bond anticipation notes issued in
are necessary for the proper conduct, administration and anticipation of the sale of said bonds, shall be deposited in the
performance of essential services of that department. We Capital Projects Fund to the credit of the Department of Public
recommend that the compensation for said positions be fixed at Works, Division of Buildings, "Improvements Museum of
the respective amounts set forth in the foregoing ordinance Science, 1997-9811, Bond Authorization Account No. 200402,
APPROVED AS TO FORM and shall be used for the purpose specified in Section 1 of this
Michael B. Risman resolution.
Acting Corporation Counsel Section 3. The City intends to finance, on an interim basis, the
PASSED. costs or a portion of the costs of said improvements for which
AYES-13. NOES-0. bonds are herein authorized, which costs are reasonably
NO166 expected to be incurred by the City, pursuant to this Bond
By: Mr. Czajka
Resolution, in the maximum amount of $100,000. This
resolution is a declaration of Official Intent adopted pursuant to
40HARVEYPLACE
the requirements of Treasury Regulation Section 1.150-2.
Whereas: The Valley Community Association (VCA) is
Section 4. The following additional matters are hereby
currently erecting an addition to its building, a city-owned
determined and stated:
facility at 49 Leddy Street; and
(a) The existing building is of Class "B" construction as defined
Whereas: This facility will house a new day care center; and
by Section 11.00 a. 11. (b) of the Law, and the period of
Whereas: The VCA has been offered title to the lot located at
probable usefulness applicable to the said specific object or
40 Harvey Place by the owner, Mr. Thomas Kilianski of 145
purpose for which the bonds authorized by this resolution are to
Mapleleaf Drive, Williamsville, New York for the purpose of two
be issued, within the limitations of Section 11.00 a.13. of the
vehicle exits from the facility; and
Local Finance Law, is ten (10) years.
Whereas: Incorporating this lot would be a benefit to the; and
(b) Current funds are not required by the Law to be provided as
overall project
a down payment prior to the issuance of the bonds authorized
Whereas: The VCA Board has proposed that the City of
by this resolution or any bond anticipation notes issued in
Buffalo take title to the property as to incorporate it into the day
anticipation thereof in accordance with Section 107.00 d. 9. of
care site plan;
the Law.
Therefore, Let It Be Resolved That: The Department of
Section 5. Each of the bonds authorized by this resolution and
Community Development commence negotiations to acquire 40
any bond anticipation notes issued in anticipation of the sale of
Harvey Place on behalf of the Valley Community Association so
said bonds and the renewals of said notes shall contain the
long as this property is deemed clean of any liens or
recital of validity as prescribed by Section 52.00 of the Local
environmental hazards.
Finance Law. Said bonds and said notes shall be general
PASSED.
obligations of the City of Buffalo payable as to both principal
AYES- 13 NOES- 0
and interest by general tax upon all the taxable real property
NO167
within said City without limitation as to rate or amount. The
By: Mr. Czajka and Mrs-Williams
faith and credit of said City are hereby irrevocably pledged to
REVIEWPLANSFOR"B"DISTRICTBUILDING
the punctual payment of the principal of and interest on said
Whereas: Police reorganization in the City of Buffalo has
bonds and said notes. Provision shall be made annually by
moved forward with the construction of the "A" District building
appropriation by said City for the payment of interest on and for
on South Park Ave., the "D" District building on Hertel Ave.,
the amounts required for the amortization and redemption of
and the "E" District building on Bailey Ave.; and
said bonds and said notes.Section 6. The validity of the bonds
Whereas: Plans for the "B" District building are nearing
authorized by this resolution or any bond anticipation notes
completion; and
issued in anticipation of the sale of said bonds, may be
Whereas: One of the components of the "B" District plan is the
contested only if: Section 6. The validity of the bonds
(a) such obligations are authorized for an object or purpose for authorized by this resolution or any bond anticipation notes
which the City of Buffalo is not authorized to expend issued in anticipation of the sale of said bonds, may be
money, or contested only if:
(b) the provisions of law which should be complied with at the (a) such obligations are authorized for an object or purpose for
date of the publication of such resolution are not substantially which the City of Buffalo is not authorized to expend
complied with, money, or
and an action, suit or proceeding contesting such validity, is (b)the provisions of law which should be complied with at the
commenced within twenty days after the date of such date of the publication of such resolution are not
publication, or substantially complied with,
(c) such obligations are authorized in violation of the provisions and an action, suit or proceeding contesting such validity, is
of the constitution commenced within twenty days after the date of such
Introduced: July 8, 1997 publication, or
LAID ON THE TABLE. (c) such obligations are authorized in violation of the
NO.169 provisions of the constitution.
By: Mr. Franczyk:
Introduced: July 8, 1997
LAID ON THE TABLE.
BONDRESOLUTION$100,000BONDS
ROOFREPLACEMENT-PARKSIDELODGEACCOUNT200-
NO.170
402
By: Mr. Franczyk:
Bond Resolution of the City of Buffalo, New York, authorizing
BONDRESOLUTION
the issuance of $100,000 General Improvement Bonds of said
$105,000BONDS
City, to finance the cost of the partial reconstruction of the
IMPROVEMENTSVARIOUSLIBRARIES
Parkside Lodge in Delaware Park, at the estimated maximum
ACCOUNTNO.200-402
cost of $100,000.
Bond Resolution of the City of Buffalo, New York, authorizing
The Common Council of the City of Buffalo,
the issuance of $105,000 General Improvement Bonds of said
in the County of Erie, New York, hereby resolves (by the
City, to finance the cost of partial reconstruction of various
favorable vote of not less than two-thirds of all the members of
Branch Libraries in the City, at the estimated maximum cost of
said Common Council) as follows:
$105,000.
Section 1. The Comptroller of the City of
The Common Council of the City of Buffalo, in
Buffalo, in the County of Erie, New York (herein called "City"),
the County of Erie, New York, hereby resolves (by the favorable
is hereby authorized and directed to issue General
vote of not less than two-thirds of all the members of said
Improvement Bonds of said City in the principal amount of One
Common Council) as follows:
Hundred Thousand Dollars ($100,000), pursuant to the
Section 1. The Comptroller of the City of Buffalo, in the
provisions of the Charter of said City and the Local Finance
County of Erie, New York (herein called "City"), is hereby
Law, constituting Chapter 33-a of the Consolidated Laws of the
authorized and directed to issue General Improvement Bonds
State of New York (the "Law"); to finance the cost of the partial
of said City in the principal amount of One Hundred Five
reconstruction of the Parkside Lodge in Delaware Park,
Thousand Dollars ($105,000), pursuant to the provisions of the
including roof replacement. The estimated maximum cost of
Charter of said City and the Local Finance Law, constituting
said specific object or purpose for which the bonds authorized
Chapter 33-a of the Consolidated Laws of the State of New
by this resolution are to be issued, including preliminary costs
York (the "Law"), to finance the cost of partial reconstruction of
and costs incidental thereto and the financing thereof, is
various Branch Libraries in the City, including East Delavan,
$100,000, as set forth in the duly adopted Capital
Crane, Kensington, North Jefferson and Fairfield. The
Improvements Budget of said City for fiscal year 1997-98, as
estimated maximum cost of said class of objects or purposes
amended.
for which the bonds authorized by this resolution are to be
Section 2. The proceeds of the sale of the
issued, including preliminary costs and costs incidental thereto
bonds authorized by this resolution, or any bond anticipation
and the financing thereof, is $105,000 as set forth in the duly
notes issued in anticipation of the sale of said bonds, shall be
adopted Capital Improvements Budget of said City for fiscal
deposited in the Capital Projects Fund to the credit of the
year 1997-98, as amended.
Department of Public Works, Division of Buildings, "Roof
Section 2. The proceeds of the sale of the
Replacement-Parkside Lodge, 1997-9811, Bond Authorization
bonds authorized by this resolution, or any bond anticipation
Account No. 200-402, and shall be used for the purpose
notes issued in anticipation of the sale of said bonds, shall be
specified in Section 1 of this resolution.
deposited in the Capital Projects Fund to the credit of the
Section 3. The City intends to finance, on an
Department of Public Works, Division of Buildings,
interim basis, the costs or a portion of the costs of said
"Improvements Library Various, 1997-98, " Account No. 200-
improvements for which bonds are herein authorized, which
402, and shall be used for the specific object or purpose
costs are reasonably expected to be incurred by the City,
specified in Section 1 of this resolution.
pursuant to this Bond Resolution, in the maximum amount of
Section 3. The City intends to finance, on an
$100,000. This resolution is a declaration of Official Intent
interim basis, the costs or a portion of the costs of said
adopted pursuant to the requirements of Treasury Regulation
improvements for which bonds are herein authorized, which
Section 1.150-2.
costs are reasonably expected to be incurred by the City,
Section 4. The following additional matters
pursuant to this Bond Resolution, in the maximum amount of
are hereby determined and stated:
$105,000. This resolution is a declaration of Official Intent
(a)The existing building is of Class "B" construction as defined
adopted pursuant to the requirements of Treasury Regulation
by Section 11.00 a. 11. (b) of the Law, and the period of
Section 1. 150-2.
probable usefulness applicable to the said specific object or
Section 4. The following additional matters are hereby
purpose for which the bonds authorized by this resolution are to
determined and stated:
be issued, within the limitations of Section 11.00 a.12.(a)(2) of
(a) These buildings to be partially
the Local Finance Law, is fifteen (15) years.
reconstructed are of at least Class "B" construction, as defined
(b)Current funds are not required by the Law to be provided
by Section I 1.00 a. I l(b) of the Law and the period of probable
as a down payment prior to the issuance of the bonds
usefulness applicable to the class of objects or purposes which
authorized by this resolution or any bond anticipation notes
the bonds authorized by this resolution are to be issued, within
issued in anticipation thereof in accordance with Section
the limitations of Section I 1.00 a. 12(a)(2) of the Local Finance
107.00 d.9. of the Law.
Law, is fifteen (15) years.
Section 5. Each of the bonds authorized by
(b) Current funds are not required
this resolution and any bond anticipation notes issued in
by the Law to be provided as a down payment prior to the
anticipation of the sale of said bonds and the renewals of said
issuance of the bonds authorized by this resolution or any bond
notes shall contain the recital of validity as prescribed by
anticipation notes issued in anticipation thereof in accordance
Section 52.00 of the Local Finance Law. Said bonds and said
with Section 107.00 d. 9 of the Law.
notes shall be general obligations of the City of Buffalo payable
Section 5. Each of the bonds authorized by
as to both principal and interest by general tax upon all the
this resolution and any bond anticipation notes issued in
taxable real property within said City without limitation as to rate
anticipation of the sale of said bonds and the renewals of said
or amount. The faith and credit of said City are hereby
notes shall contain the recital of validity as prescribed by
irrevocably pledged to the punctual payment of the principal of
Section 52.00 of the Local Finance Law. Said bonds and said
and interest on said bonds and said notes. Provision shall be
notes shall be general obligations of the City of Buffalo payable
made annually by appropriation by said City for the payment of
as to both principal and interest by general tax upon all the
interest on and for the amounts required for the amortization
taxable real property within said City without limitation as to rate
and redemption of said bonds and said notes.
or amount. The faith and credit of said City are hereby 107.00 d. 9. of the Law.
irrevocably pledged to the punctual payment of the principal of Section 5. Each of the bonds authorized by this resolution
and interest on said bonds and said notes. Provision shall be and any bond anticipation notes issued in anticipation of the
made annually by appropriation by said City for the payment of sale of said bonds and the renewals of said notes shall contain
interest on and for the amounts required for the amortization the recital of validity as prescribed by Section 52.00 of the
and redemption of said bonds and said notes. Local Finance Law. Said bonds and said notes shall be
Section 6. The validity of the bonds authorized by this general obligations of the City of Buffalo payable as to both
resolution or any bond anticipation notes issued in anticipation principal and interest by general tax upon all the taxable real
of the sale of said bonds, may be contested only if: property within said City without limitation as to rate or amount.
(a) such obligations are authorized for an object or The faith and credit of said City are hereby irrevocably pledged
purpose for which the City of Buffalo is not authorized to to the punctual payment of the principal of and interest on said
expend money, or bonds and said notes. Provision shall be made annually by
(b) the provisions of law which should be complied with appropriation by said City for the payment of interest on and for
at the date of the publication of such resolution are not the amounts required for the amortization and redemption of
substantially complied with, said bonds and said notes.
and an action, suit or proceeding contesting such validity, is Section 6. The validity of the bonds
commenced within twenty days after the date of such authorized by this resolution or any bond anticipation notes
publication, or issued in anticipation of the sale of said bonds, may be
(c) such obligations are authorized in violation of the contested only if:
provisions of the constitution. (a) such obligations are authorized for an object or
Introduced: JuIy 8, 1997 purpose for which the City of Buffalo is not authorized to
LAID ONTHE TABLE expend money, or
(b) the provisions of law which should be complied with
NO.171 at the date of the publication of such resolution are not
By: Mr. Franczyk: substantially complied with,
BONDRESOLUTION and an action, suit or proceeding contesting such validity, is
$150,000BONDS commenced within twenty days after the date of such
REHABDELAWAREPARKPOLICE publication, or
COMMUNICATIONSCENTER (c) such obligations are authorized in violation of the
ACCOUNT200-402 provisions of the constitution.
Bond Resolution of the City of Buffalo, New York, authorizing Introduced: July 8, 1997
the issuance of $150,000 General Improvement Bonds of said LAID ON THE TABLE.
City, to finance the cost of the partial reconstruction of the
Delaware Park Police Communications Center located on the NO.172
north side of Route 198 between Parkside Avenue and By: Mr. Franczyk:
Delaware Avenue, in the City, at the estimated maximum cost BONDRESOLUTION
of $150,000. $165,000BONDS
The Common Council of the City of Buffalo, IMPROVEMENTSZOOFACILITIES
in the County of Erie, New York, hereby resolves (by the ACCOUNT200-402
favorable vote of not less than two-thirds of all the members of Bond Resolution of the City of Buffalo,
said Common Council) as follows: New York, authorizing the issuance of $165,000 General
Section 1. The Comptroller of the City of Improvement Bonds of said City to finance the cost of
Buffalo, in the County of Erie, New York (herein called "City"), recreational area improvements at the Buffalo Zoological
is hereby authorized and directed to issue General Gardens located at Parkside Avenue, Jewett Parkway and
Improvement Bonds of said City in the principal amount of One Amherst Streets, in the City, at the estimated total cost of
Hundred Fifty Thousand Dollars ($150,000), pursuant to the $165,000. The Common Council of the City of Buffalo, in the
provisions of the Charter of said City and the Local Finance County of Erie, New York, hereby resolves (by the favorable
Law, constituting Chapter 33-a of the Consolidated Laws of the vote of not less than two-thirds of all the members of said
State of New York (the "Law"); to finance the cost of the partial Common Council) as follows:
reconstruction of the Delaware Park Police Communications Section 1. The Comptroller of the City of
Center located on the north side of Route 198 between Buffalo, in the County of Erie, New York, is hereby authorized
Parkside Avenue and Delaware Avenue, in the City, including and directed to issue General Improvement Bonds of said City
installation of air-conditioning, fencing, and other rehabilitation. in the principal amount of One Hundred Sixty-Five Thousand
The estimated maximum cost of the specific object or purpose Dollars ($165,000), pursuant to the provisions of the Charter of
for which the bonds authorized by this resolution are to be said City and the Local Finance Law, constituting Chapter 33-a
issued, including preliminary costs and costs incidental thereto of the Consolidated Laws of the State of New York (the "Law"),
and the financing thereof, is $150,000, as set forth in the duly to finance the cost of recreational area improvements at the
adopted Capital Improvements Budget of said City for fiscal Buffalo Zoological Gardens located at Parkside Avenue, Jewett
year 1997-98, as amended. Parkway and Amherst Streets, in the City, including
Section 2. The proceeds of the sale of the reconstruction of the Gorilla House and various exhibit and
bonds authorized by this resolution, or any bond anticipation facilities improvements. The estimated total cost of said class
notes issued in anticipation of the sale of said bonds, shall be of objects or purposes for which the bonds authorized by this
deposited in the Capital Projects Fund to the credit of the resolution are to be issued, including preliminary costs and
Department of Public Works, Division of Buildings, "Rehab costs incidental thereto and the financing thereof, is $165,000
Delaware Park Comm. Ctr, 1997-9811, Bond Authorization as set forth in the duly adopted Capital Improvements Budget
Account No. 200-402, and shall be used for the purpose of said City for fiscal year 199798, as amended.
specified in Section 1 of this resolution. Section 2. The proceeds of the sale of the
Section 3. The City intends to finance, on an bonds authorized by this resolution, or any bond anticipation
interim basis, the costs or a portion of the costs of said notes issued in anticipation of the sale of said bonds shall be
improvements for which bonds are herein authorized, which deposited in the Capital Projects Fund to the credit of the
costs are reasonably expected to be incurred by the City, Department of Public Works, Division of Buildings,
pursuant to this Bond Resolution, in the maximum amount of "Improvements Zoo Facilities, 1997-98", Bond Authorization
$150,000. This resolution is a declaration of Official Intent Account No. 200-402, and shall be used for the class of
adopted pursuant to the requirements of Treasury Regulation objects or purposes specified in Section 1 of this resolution.
Section 1.150-2. Section 3. The City intends to finance, on
Section 4. The following additional matters an interim basis, the costs or a portion of the costs of said
are hereby determined and stated: improvements for which bonds are herein authorized, which
(a) The existing building is of Class 'IC" construction as costs are reasonably expected to be incurred by the City,
defined by Section 11.00 a. 11. (c) of the Law, and the period pursuant to this Bond Resolution, in the maximum amount of
of probable usefulness applicable to the said specific object or $165,000. This Resolution is a declaration of Official Intent
purpose for which the bonds authorized by this resolution are to adopted pursuant to the requirements of Treasury Regulation
be issued, within the limitations of Section 11.00 a.12.(a)(3) of Section 1. 150-2.
the Local Finance Law, is ten (10) years. Section 4. The following additional matters
(b) Current funds are not required by the Law to be are hereby determined and stated:
provided as a down payment prior to the issuance of the bonds (a) The period of probable usefulness
authorized by this resolution or any bond anticipation notes applicable to the class of objects or purposes for which the
issued in anticipation thereof in accordance with Section bonds authorized by this resolution are to be issued, within the
limitations of Section 1 1.00 a. 19. (c) of the Local Finance Class " B " construction, as defined by Section I 1. 00 a. I 1 (b)
Law, is fifteen (15) years. of the Law and the period of probable usefulness applicable to
(b) Current funds are not required the specific object or purpose which the bonds authorized by
by the Law to be provided as a down payment prior to the this resolution are to be issued, within the limitations of Section
issuance of the bonds authorized by this resolution or any bond 1 1.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15)
anticipation notes issued in anticipation thereof in accordance years.
with Section 107.00 d. 9. of the Law. (b) Current funds are not required
Section 5. Each of the bonds authorized by the Law to be provided as a down payment prior to the
by this resolution and any bond anticipation notes issued in issuance of the bonds authorized by this resolution or any bond
anticipation of the sale of said bonds and the renewals of said anticipation notes issued in anticipation thereof in accordance
notes shall contain the recital of validity prescribed by Section with Section 107.00 d. 9 of the Law.
52.00 of the Local Finance Law. Said bonds and said notes Section 5. Each of the bonds authorized by this resolution and
shall be general obligations of the City of Buffalo payable as to any bond anticipation notes issued in anticipation of the sale of
both principal and interest by a general tax upon all the taxable said bonds and the renewals of said notes shall contain the
real property within said City without limitation as to rate or recital of validity as prescribed by Section 52.00 of the Local
amount. The faith and credit of said City are hereby irrevocably Finance Law. Said bonds and said notes shall be general
pledged for the punctual payment of the principal of and obligations of the City of Buffalo payable as to both principal
interest on said bonds and said notes. Provision shall be made and interest by general tax upon all the taxable real property
annually by appropriation by said City for the payment of within said City without limitation as to rate or amount. The
interest on and for the amounts required for the amortization faith and credit of said City are hereby irrevocably pledged to
and redemption of said bonds and said notes. the punctual payment of the principal of and interest on said
Section 6. The validity of the bonds bonds and said notes. Provision shall be made annually by
authorized by this resolution or any bond anticipation notes appropriation by said City for the payment of interest on and for
issued in anticipation of the sale of said bonds may be the amounts required for the amortization and redemption of
contested only if: said bonds and said notes.
(a) Such obligations are Section 6. The validity of the bonds
authorized for an object or purpose for which the City of Buffalo authorized by this resolution or any bond anticipation notes
is not authorized to expend money, or issued in anticipation of the sale of said bonds, may be
(b) The provisions of law which should be complied with contested only if:
at the date of the publication of this resolution are not (a) such obligations are authorized for an object
substantially complied with, and an action, suit or proceeding or purpose for which the City of Buffalo is not authorized to
contesting such validity, is commenced within twenty days after expend money, or
the date of such publication, or (b) the provisions of law which should be complied with
(c) Such obligations are at the date of the publication of such resolution are not
authorized in violation of the provisions of the constitution. substantially complied with,and an action, suit or proceeding
Introduced: July 8, 1997 contesting such validity, is commenced within twenty days after
LAID ONTHE TABLE the date of such publication, or
NO173 (C) such obligations are authorized in violation of the
By: Mr. Franczyk:
provisions of the constitution.
Introduced: July 8, 1997
BONDRESOLUTION$200,000BONDS
LAID ON THE TABLE
RESTORATIONOFALLENDALETHEATRE
NO174
ACCOUNTNO.200-402
By Mr Franczyk
Bond Resolution of the City of Buffalo, New BONDRESOLUTION
York, authorizing the issuance of $200,000 General $275,000BONDSRECONSTRUCTIONCARMICHAELAND
Improvement Bonds of said City, to finance the cost of partial NORTHBUFFALOCOMMUNITYCENTERS
reconstruction of the Allendale Theatre located at 203-209 ACCOUNT200-402
Allen Street, in the City, at the estimated maximum cost of Bond Resolution of the City of Buffalo, New York, authorizing
$200,000. the issuance of $275,000 General Improvement Bonds of said
The Common Council of the City of Buffalo, City, to finance the cost of the partial reconstruction of
in the County of Erie, New York, hereby resolves (by the Carmichael Community Center located at 93 Leddy Street and
favorable vote of not less than two-thirds of all the members of North Buffalo Community Center located at 203 Sanders Road,
said Common Council) as follows: in the City, at the estimated maximum cost of $275,000.
Section 1. The Comptroller of the City of The Common Council of the City of Buffalo,
Buffalo, in the County of Erie, New York (herein called "City"), in the County of Erie, New York, hereby resolves (by the
is hereby authorized and directed to issue General favorable vote of not less than two-thirds of all the members of
Improvement Bonds of said City in the principal amount of Two said Common Council) as follows:
Hundred Thousand Dollars ($200,000), pursuant to the Section 1. The Comptroller of the City of
provisions of the Charter of said City and the Local Finance Buffalo, in the County of Erie, New York (herein called "City"),
Law, constituting Chapter 33-a of the Consolidated Laws of the is hereby authorized and directed to issue General
State of New York (the "Law"), to finance the cost of partial Improvement Bonds of said City in the principal amount of Two
reconstruction of the Allendale Theatre located at 203-209 Hundred Seventy-Five Thousand Dollars ($275,000), pursuant
Allen Street, in the City. The estimated maximum cost of said to the provisions of the Charter of said City and the Local
specific object or purpose for which the bonds authorized by Finance Law, constituting Chapter 33-a of the Consolidated
this resolution are to be issued, including preliminary costs and Laws of the State of New York (the "Law"); to finance the cost
costs incidental thereto and the financing thereof, is $200,000 of the partial reconstruction of Carmichael Community Center
as set forth in the duly adopted Capital Improvements Budget located on 93 Leddy Street and North Buffalo Community
of said City for fiscal year 1997-98, as amended. Center located on 203 Sanders Road, in the City, including
Section 2. The proceeds of the sale of the new roofs for both facilities. The estimated maximum cost of
bonds authorized by this resolution, or any bond anticipation said specific objects or purposes for which the bonds
notes issued in anticipation of the sale of said bonds, shall be authorized by this resolution are to be issued, including
deposited in the Capital Projects Fund to the credit of the preliminary costs and costs incidental thereto and the financing
Department of Public Works, Division of Buildings, thereof, is $275,000, as set forth in the duly adopted Capital
"Restoration Allendale Theatre, 1997-98, " Account No. 200-Improvements Budget of said City for fiscal year 1997-98, as
402, and shall be used for the purpose specified in Section 1 of amended.
this resolution. Section 2. The proceeds of the sale of the
Section 3. The City intends to finance, on an bonds authorized by this resolution, or any bond anticipation
interim basis, the costs or a portion of the costs of said notes issued in anticipation of the sale of said bonds, shall be
improvements for which bonds are herein authorized, which deposited in the Capital Projects Fund to the credit of the
costs are reasonably expected to be incurred by the City, Department of Public Works, Division of Buildings,
pursuant to this Bond Resolution, in the maximum amount of "Reconstruction Community Centers, Various, 1997-98", Bond
$200,000. This resolution is a declaration of Official Intent Authorization Account No. 200-402, and shall be used for the
adopted pursuant to the requirements of Treasury Regulation purpose specified in Section I of this resolution.
Section 1. 150-2. Section 3. The City intends to finance, on an
Section 4. The following additional matters are interim basis, the costs or a portion of the costs of said
hereby determined and stated: improvements for which bonds are herein authorized, which
(a) Said building is of at least costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of "Reconstruction King Urban Life Center, 1997-98", Bond
$275,000. This resolution is a declaration of Official Intent Authorization Account No. 200-402, and shall be used for the
adopted pursuant to the requirements of Treasury Regulation specific object or purpose specified in Section 1 of this
Section 1. 150-2. resolution.
Section 4. The following Section 3. The City intends to finance, on
additional matters are hereby determined and stated: an interim basis, the costs or a portion of the costs of said
(a) The existing buildings to be improvements for which bonds are herein authorized, which
partially reconstructed are of Class "B" construction as defined costs are reasonably expected to be incurred by the City,
by Section 11.00 a. 1. (b) of the Law, and the period of pursuant to this Bond Resolution, in the maximum amount of
probable usefulness applicable to the specific objects or $500,000. This Resolution is a declaration of Official Intent
purposes for which the bonds authorized by this resolution are adopted pursuant to the requirements of Treasury Regulation
to be issued, within the limitations of Section 11. 00 a. 12. Section 1. 150-2.
(a)(2) of the Local Finance Law, is fifteen (1 5) years, however Section 4. The following additional matters
it is hereby determined that said period of probable usefulness are hereby determined and stated:
shall not exceed five (5) years. (a)The existing building is of Class "B" construction as defined
(b) Current funds are not required by Section 11.00 a. 1. (b) of the Law, and the period of
by the Law to be provided as a down payment prior to the probable usefulness applicable to the class of objects or
issuance of the bonds authorized by this resolution or any bond purposes for which the bonds authorized by this resolution are
anticipation notes issued in anticipation thereof in accordance to be issued, within the limitations of Section 11.00 a.12 (a)(2)
with Section 107.00 d. 9. of the Law. of the Local Finance Law, is fifteen (I 5) years.
Section 5. Each of the bonds authorized (b) Current funds are not required by the Law to be
by this resolution and any bond anticipation notes issued in provided as a down payment prior to the issuance of the bonds
anticipation of the sale of said bonds and the renewals of said authorized by this resolution or any bond anticipation notes
notes shall contain the recital of validity as prescribed by issued in anticipation thereof in accordance with Section
Section 52.00 of the Local Finance Law. Said bonds and 107.00 d. 9. of the Law.
saidnotes shall be general obligations of the City of Buffalo Section 5. Each of the bonds authorized by this resolution and
payable as to both principal and interest by general tax upon all any bond anticipation notes issued in anticipation of the sale of
the taxable real property within said City without limitation as to said bonds and the renewals of said notes shall contain the
rate or amount. The faith and credit of said City are hereby recital of validity prescribed by Section 52.00 of the Local
irrevocably pledged to the punctual payment of the principal of Finance Law. Said bonds and said notes shall be general
and interest on said bonds and said notes. Provision shall be obligations of the City of Buffalo payable as to both principal
made annually by appropriation by said City for the payment of and interest by a general tax upon all the taxable real property
interest on and for the amounts required for the amortization within said City without limitation as to rate or amount. The
and redemption of said bonds and said notes. faith and credit of said City are hereby irrevocably pledged for
Section 6. The validity of the bonds the punctual payment of the principal of and interest on said
authorized by this resolution or any bond anticipation notes bonds and said notes. Provision shall be made annually by
issued in anticipation of the sale of said bonds, may be appropriation by said City for the payment of interest on and for
contested only if: the amounts required for the amortization and redemption of
(a) such obligations are authorized for an object said bonds and said notes.
or purpose for which the City of Buffalo is not authorized to Section 6. The validity of the bonds
expend money, or authorized by this resolution or any bond anticipation notes
(b) the provisions of law which should be complied with at the issued in anticipation of the sale of said bonds may be
date of the publication of such resolution are not substantially contested only if:
complied with,and an action, suit or proceeding contesting (a) (a.) such obligations are authorized for an
such validity, is commenced within twenty days after the date of object or purpose for which the City of Buffalo is not authorized
such publication, or to expend money, or
(c) such obligations are authorized in violation of the (b) (b.) The provisions of law which should be
provisions of the constitution. complied with at the date of the publication of this resolution are
Introduced: July 8, 1997 not substantially complied with, and an action, suit or
LAID ON THE TABLE proceeding contesting such validity, is commenced within
NO175 twenty days after the date of such publication,
By: Mr. Franczyk:
or
(c)Such obligations are authorized in violation of the
BONDRESOLUTION$500,000BONDS
provisions of the constitution.
RECONSTRUCTIONKINGURBANLIFECENTER
Introduced: July 8, 1997
ACCOUNT200-402
LAID ON THE TABLE
Bond Resolution of the City of Buffalo, New York, authorizing
NO176
the issuance of $500,000 General Improvement Bonds of said
By: Mr. Franczyk:
City to finance the cost of the partial reconstruction of the
Martin Luther King Urban Life Center located on the Northwest BONDRESOLUTION$525,000BONDS
corner of East Genesee and Rich Street, in the City, at the RESTORATIONKLEINHANSMUSICHALL
estimated total cost of $500,000. ACCOUNT200-402
The Common Council of the City of Bond Resolution of the City of Buffalo, New York, authorizing
Buffalo, in the County of Erie, New York, hereby resolves (by the issuance of $525,000 General Improvement Bonds of said
the favorable vote of not less than two-thirds of all the members City to finance the cost of the partial reconstruction of
of said Common Council) as follows: Kleinhans; Music Hall, at the estimated total cost of $525,000.
Section 1. The Comptroller of the City of The Common Council of the City of
Buffalo, in the County of Erie, New York, is hereby authorized Buffalo, in the County of Erie, New York, hereby resolves (by
and directed to issue General Improvement Bonds of said City the favorable vote of not less than two-thirds of all the members
in the principal amount of Five Hundred Thousand Dollars of said Common Council) as follows:
($500,000), pursuant to the provisions of the Charter of said Section 1. The Comptroller of the City of
City and the Local Finance Law, constituting Chapter 33-a of Buffalo, in the County of Erie, New York, is hereby authorized
the Consolidated Laws of the State of New York (the "Law"), to and directed to issue General Improvement Bonds of said City
finance the cost of the partial reconstruction of the Martin in the principal amount of Five Hundred Twenty-Five Thousand
Luther King Urban Life Center located on the Northwest corner Dollars ($525,000), pursuant to the provisions of the Charter of
of East Genesee and Rich Street, in the City, including roof said City and the Local Finance Law, constituting Chapter 33-a
reconstruction and drain replacement. The estimated total cost of the Consolidated Laws of the State of New York (the "Law"),
of said specific object or purpose for which the bonds to finance the cost of the partial reconstruction of Kleinhans
authorized by this resolution are to be issued, including Music Hall, including facade restoration and backstage
preliminary costs and costs incidental thereto and the financing modernization. The estimated total cost of said specific object
thereof, is $500,000 as set forth in the duly adopted Capital or purpose for which the bonds authorized by this resolution
Improvements Budget of said City for fiscal year 1997-98, as are to be issued, including preliminary costs and costs
amended. incidental thereto and the financing thereof, is $525,000 as set
Section 2. The proceeds of the sale of the forth in the duly adopted Capital Improvements Budget of said
bonds authorized by this resolution, or any bond anticipation City for fiscal year 1997-98, as amended.
notes issued in anticipation of the sale of said bonds shall be Section 2. The proceeds of the sale of the
deposited in the Capital Projects Fund to the credit of the bonds authorized by this resolution, or any bond anticipation
Department of Public Works, Division of Buildings, notes issued in anticipation of the sale of said bonds shall be
deposited in the Capital Projects Fund to the credit of the Laws of the State of New York (the "Law"), to finance the
Department of Public Works, Division of Buildings, acquisition and installation if a computer assisted integrated
"Restoration Kleinhans Music Hall, 1997-98", Bond financial management and accounting system for the
Authorization Account No. 200-402, and shall be used for the Department of Audit & Control. The estimated total cost of said
specific object or purpose specified in Section 1 of this specific object or purpose for which the bonds authorized by
resolution. this resolution are to be issued, including preliminary costs and
Section 3. The City intends to finance, on costs incidental thereto and the financing thereof, is
an interim basis, the costs or a portion of the costs of said $1,500,000 as set forth in the duly adopted Capital
improvements for which bonds are herein authorized, which Improvements Budget of said City for fiscal year 1997-98, as
costs are reasonably expected to be incurred by the City, amended.
pursuant to this Bond Resolution, in the maximum amount of Section 2. The proceeds of the sale of the
$525,000. This Resolution is a declaration of Official Intent bonds authorized by this resolution, or any bond anticipation
adopted pursuant to the requirements of Treasury Regulation notes issued in anticipation of the sale of said bonds, shall be
Section 1. 150-2. deposited in the Capital Projects Fund to the credit of the
Section 4. The following additional matters Department of Audit & Control, "Purchase of Data Systems,
are hereby determined and stated: 1997-98", Bond Authorization Account No. 200-040, and shall
(a) The existing building is of Class "B" construction as be used for the purpose specified in Section I of this resolution.
defined by Section 11.00 a.11.(b) of the Law, and the period of Section 3. The City intends to finance, on
probable usefulness applicable to the specific object or an interim basis, the costs or a portion of the costs of said
purpose for which the bonds authorized by this resolution are to improvements for which bonds are herein authorized, which
be issued, within the limitations of Section 11.00 a. 12. (a)(2) costs are reasonably expected to be reimbursed with the
of the Local Finance Law, is fifteen (15) years. proceeds of debt to be incurred by the City, pursuant to this
(b) Current funds are not required by the Law to be Bond Resolution, in the amount of $1,500,000. This resolution
provided as a down payment prior to the issuance of the bonds is a declaration of official intent adopted pursuant to the
authorized by this resolution or any bond anticipation notes requirements of Treasury Regulation Section 1. 150-2.
issued in anticipation thereof in accordance with Section Section 4. The following additional matters
107.00 d. 9. of the Law. are hereby determined and stated:
Section 5. Each of the bonds authorized by this resolution and (a) The period of probable usefulness applicable to the
any bond anticipation notes issued in anticipation of the sale of specific object or purpose for which the bonds authorized by
said bonds and the renewals of said notes shall contain the this resolution are to be issued within the limitations of Section I
recital of validity prescribed by Section 52.00 of the Local 1.00 a. 81.(b) of the Law, is five (5) years.
Finance Law. Said bonds and said notes shall be general (b) Current funds are not required by the Law to be
obligations of the City of Buffalo payable as to both principal provided as a down payment prior to the issuance of the bonds
and interest by a general tax upon all the taxable real property authorized by this resolution or any bond anticipation notes
within said City without limitation as to rate or amount. The issued in anticipation thereof in accordance with Section
faith and credit of said City are hereby irrevocably pledged for 107.00 d. 9. of the Law.
the punctual payment of the principal of and interest on said Section 5. Each of the bonds authorized by this resolution and
bonds and said notes. Provision shall be made annually by any bond anticipation notes issued in anticipation of the sale of
appropriation by said City for the payment of interest on and for said bonds and the renewals of said notes shall contain the
the amounts required for the amortization and redemption of recital of validity as prescribed by Section 52.00 of the Local
said bonds Finance Law. Said bonds and said notes shall be general
and said notes. obligations of the City of Buffalo payable as to both principal
and interest by a general tax upon all the taxable real property
Section 6. The validity of the bonds within said City without limitation as to rate or amount. The
authorized by this resolution or any bond anticipation notes faith and credit of said City are hereby irrevocably pledged to
issued in anticipation of the sale of said bonds may be the punctual payment of the principal of and interest on said
contested only if: bonds and said notes. Provision shall be made annually by
(a) Such obligations are authorized for an object or appropriation by said City for the payment of interest on and for
purpose for which the City of Buffalo is not authorized to the amounts required for the amortization and redemption of
expend money, or said bonds and said notes.
(b) The provisions of law which should be complied with Section 6. The validity of the bonds authorized by this
at the date of the publication of this resolution are not resolution or any bond anticipation notes issued in anticipation
substantially complied with, of the sale of said bonds, may be contested only if:
and an action, suit or proceeding contesting such validity, is (a) such obligations are authorized for an object or
commenced within twenty days after the date of such purpose for which the City of Buffalo is not authorized to
publication, or expend money, or
(c) Such obligations are authorized in violation of the (b) the provisions of law which should be complied with at the
provisions of the constitution. date of the publication of such resolution are not substantially
complied with,
Introduced: July 8, 1997 and an action, suit or proceeding contesting such validity, is
LAID ON THE TABLE commenced within twenty days after the date of such
NO177 publication, or
By Mr. Franczyk (c) such obligations are authorized in violation of the
BONDRESOLUTION provisions of the constitution.
$1,500,000BONDS Introduced: July 8, 1997
PURCHASEOFDATASYSTEMS LAID ON THE TABLE
ACCOUNT200-040 NO178
By Mr. Franczyk
Bond Resolution of the City of Buffalo,
BONDRESOLUTION$1,500,000BONDS
New York,
POLICEREORGANIZATIONACCOUNTNO.200-402
authorizing the issuance of $1,500,000
Bond Resolution of the City of Buffalo, New York, authorizing
General Improvement Bonds of said City to finance the
the issuance of $1,500,000 General Improvement Bonds of
acquisition and installation of a computer assisted integrated
said City, to finance the cost of the partial reconstruction of
financial management and accounting system for the
and additions to the existing building at Fillmore and Ferry
Department of Audit & Control, at the estimated total cost of
Streets, in the City, to provide a new police precinct, at the
$1,500,000.
total estimated maximum cost of $1,500,000.
The Common Council of the City of
The Common Council of the City of Buffalo,
Buffalo, in the County of Erie, New York, hereby resolves (by
in the County of Erie, New York, hereby resolves (by the
the favorable vote of not less than two-thirds of all the members
favorable vote of not less than two-thirds of all the members of
of said Common Council) as follows:
said Common Council) as follows:
Section 1. The Comptroller of the City of
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York (herein called "City"),
Buffalo, in the County of Erie, New York (herein called "City"),
is hereby authorized and directed to issue General
is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One
Improvement Bonds of said City in the principal amount of One
Million Five Hundred Thousand Dollars ($1,500,000), pursuant
Million Five Hundred Thousand Dollars ($1,500,000), pursuant
to the provisions of the Charter of said City and the Local
to the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33-a of the Consolidated
Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"), to finance the cost Buffalo, in the County of Erie, New York (herein called "City"),
of the partial reconstruction of and additions to the existing is hereby authorized and directed to issue General
building at Fillmore and Ferry Streets, in the City, to provide a Improvement Bonds of said City in the principal amount of Two
new police precinct. The estimated maximum cost of said Million Dollars ($2,000,000), pursuant to the provisions of the
specific object or purpose for which the bonds authorized by Charter of said City and the Local Finance Law, constituting
this resolution are to be issued, including preliminary costs and Chapter 33-a of the Consolidated Laws of the State of New
costs incidental thereto and the financing thereof, is York (the "Law"); to finance the cost of the partial
$1,500,000 as set forth in the duly adopted Capital reconstruction of the Machnica Community Center, located at
Improvements Budget of said City for fiscal year 1997-98, as 1799 Clinton Street, in the City, including expansion of the
amended. existing gymnasium and handicapped access improvements.
Section 2. The proceeds of the sale of the The estimated maximum cost of said specific object or purpose
bonds authorized by this resolution, or any bond anticipation for which the bonds authorized by this resolution are to be
notes issued in anticipation of the sale of said bonds, shall be issued, including preliminary costs and costs incidental thereto
deposited in the Capital Projects Fund to the credit of the and the financing thereof, is $2,000,000, as set forth in the duly
Department of Public Works, Division of Buildings, "Police adopted Capital Improvements Budget of said City for fiscal
Reorganization, 1997-98,11 Account No. 200-402, and shall be year 1997-98, as amended.
used for the specific object or purpose specified in Section 1 of Section 2. The proceeds of the sale of the
this resolution. bonds authorized by this resolution, or any bond anticipation
Section 3. The City intends to finance, on an notes issued in anticipation of the sale of said bonds, shall be
interim basis, the costs or a portion of the costs of said deposited in the Capital Projects Fund to the credit of the
improvements for which bonds are herein authorized, which Department of Public Works, Division of Buildings,
costs are reasonably expected to be incurred by the City, "Reconstruction Machnica Center, 1997-9811, Bond
pursuant to this Bond Resolution, in the maximum amount of Authorization Account No. 200-402, and shall be used for the
$1,500,000. This resolution is a declaration of Official Intent purpose specified in Section 1 of this resolution.
adopted pursuant to the requirements of Treasury Regulation Section 3. The City intends to finance, on an
Section 1.150-2. interim basis, the costs or a portion of the costs of said
Section 4. The following additional matters improvements for which bonds are herein authorized, which
are hereby determined and stated: costs are reasonably expected to be incurred by the City,
(a) The building to be partially pursuant to this Bond Resolution, in the maximum amount of
reconstructed is of at least Class "B" construction, as defined $2,000,000. This resolution is a declaration of Official Intent
by Section 11.00 a.11(b) of the Law and the period of probable adopted pursuant to the requirements of Treasury Regulation
usefulness applicable to the specific object or purpose which Section 1.150-2.
the bonds authorized by this resolution are to be issued, within Section 4. The following additional matters
the limitations of Section are hereby determined and stated:
11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) (a) The existing building is of
years. Class "B" construction as defined by Section 11.00 a. 11. (b) of
(b) Current funds are not required the Law, and the period of probable usefulness applicable to
by the Law to be provided as a down payment prior to the the specific object or purpose for which the bonds authorized
issuance of the bonds authorized by this resolution or any bond by this resolution are to be issued, within the limitations of
anticipation notes issued in anticipation thereof in accordance Section 11.00 a.12.(a)(2) of the Local Finance Law, is fifteen
with Section 107.00 d. 9 of the law. (15) years.
Section 5. Each of the bonds authorized by (b) Current funds are not required by the Law to be
this resolution and any bond anticipation notes issued in provided as a down payment prior to the issuance of
anticipation of the sale of said bonds and the renewals of said the bonds authorized by this resolution or any bond
notes shall contain the recital of validity as prescribed by anticipation notes issued in anticipation thereof in
Section 52.00 of the Local Finance Law. Said bonds and said accordance with Section 107.00 d.9. of the Law.
notes shall be general obligations of the City of Buffalo payable
as to both principal and interest by general tax upon all the Section 5. Each of the bonds authorized by
taxable real property within said City without limitation as to rate this resolution and any bond anticipation notes issued in
or amount. The faith and credit of said City are hereby anticipation of the sale of said bonds and the renewals of said
irrevocably pledged to the punctual payment of the principal of notes shall contain the recital of validity as prescribed by
and interest on said bonds and said notes. Provision shall be Section 52.00 of the Local Finance Law. Said bonds and said
made annually by appropriation by said City for the payment of notes shall be general obligations of the City of Buffalo payable
interest on and for the amounts required for the amortization as to both principal and interest by general tax upon all the
and redemption of said bonds and said notes. taxable real property within said City without limitation as to rate
Section 6. The validity of the bonds or amount. The faith and credit of said City are hereby
authorized by this resolution or any bond anticipation notes irrevocably pledged to the punctual payment of the principal of
issued in anticipation of the sale of said bonds, may be and interest on said bonds and said notes. Provision shall be
contested only if: made annually by appropriation by said City for the payment of
(a) such obligations are authorized for an interest on and for the amounts required for the amortization
object or purpose for which the City of Buffalo is not authorized and redemption of said bonds and said notes.
to expend money, or Section 6. The validity of the bonds
(b) the provisions of law which should be authorized by this resolution or any bond anticipation notes
complied with at the date of the publication of such resolution issued in anticipation of the sale of said bonds, may be
are not substantially complied with, contested only if:
and an action, suit or proceeding contesting such validity, is (a) such obligations are authorized for an
commenced within twenty days after the date of such object or purpose for which the City of Buffalo is not authorized
publication, or to expend money, or
(c) such obligations are authorized in (b) the provisions of law which should be
violation of the provisions of the constitution. complied with at the date of the publication of such resolution
Introduced: July 8, 1997 are not substantially complied with,
LAID ON THE TABLE and an action, suit or proceeding contesting such validity, is
NO179 commenced within twenty days after the date of such
By: Mr. Franczyk publication, or
$2,000,000BONDS (c) such obligations are authorized in
RECONSTRUCTIONMACHNICACENTER violation of the provisions of the constitution.
ACCOUNT200-402 Introduced: July 8, 1997
Bond Resolution of the City of Buffalo, New York, authorizing LAID ON THE TABLE
the issuance of $2,000,000 General Improvement Bonds of NO180
By: Mr. Franczyk
said City, to finance the cost of the partial reconstruction of the
Machnica Community Center, located at 1799 Clinton Street, in
SETPUBLICHEARINGBROADWAYFILLMORE
the City, at the estimated maximum cost of $2,000,000.
COMMERCIALDISTRICTURBANRENEWALPLAN
The Common Council of the City of Buffalo,
APPROVAL-CONTRACTFORSALEOFLAND
in the County of Erie, New York, hereby resolves (by the
MARKETSQUAREAT1021BROADWAY
favorable vote of not less than two-thirds of all the members of
WHEREAS, the City of Buffalo Urban Renewal
said Common Council) as follows:
Agency has negotiated a Contract for Sale of Land with Market
Section 1. The Comptroller of the City of
Square at 1021 Broadway.
WHEREAS, the terms of said Contract for Sale of Section 6. The validity of the bonds
Land has been negotiated by the Buffalo Urban Renewal authorized by this resolution or any bond anticipation notes
Agency and has been forwarded to your Honorable Body for issued in anticipation of the sale of said bonds may be
consideration. contested only if:
NOW, THEREFORE, BE IT RESOLVED: (a) Such obligations are authorized
1.That the City Clerk is hereby directed to publish the notice for an object or purpose for which the City of Buffalo is not
attached hereto and marked "Notice of Hearing" in the Buffalo authorized to expend money, or
News, no later than the 11th day of July 1997. (b) The provisions of law which
2. That this Common Council will conduct a Public Hearing on should be complied with at the date of the publication of this
the matter stated in said "Notice of Hearing" at 2:00 P.M. in the resolution are not substantially complied with,
Council Chambers on the 22nd of July 1997. and an action, suit or proceeding contesting such validity, is
ADOPTED commenced within twenty days after the date of such
NO181 publication,
By: Mr. Francyck:
or
(c) Such obligations are authorized
BONDRESOLUTION$150,000BONDS
in violation of the provisions of the constitution.
HANDICAPPEDACCESSIMPROVEMENTS
Introduced: July 8, 1997
ACCOUNT200402
LAID ON THE TABLE
Bond Resolution of the City of Buffalo, New York, authorizing
NO182
the issuance of $150,000 General Improvement Bonds of said
By: Mr. Franczyk:
City, to finance the cost of partial reconstruction of various City-
owned buildings, to provide for handicapped access, at the BONDRESOLUTION
estimated maximum cost of $150,000. $1,650,000BONDS
The Common Council of the City of Buffalo, PURCHASEOFDATASYSTEMS
in the County of Erie, New York, hereby resolves (by the ACCOUNT200-200
favorable vote of not less than two-thirds of all the members of Bond Resolution of the City of Buffalo, New York, authorizing
said Common Council) as follows: the issuance of $1,650,000 General Improvement Bonds of
Section 1. The Comptroller of the City of said City to finance the acquisition and installation of computer
Buffalo, in the County of Erie, New York (herein called "City"), assisted communications systems for the Department of
is hereby authorized and directed to issue General Police, at the estimated total cost of $1,650,000.
Improvement Bonds of said City in the principal amount of One The Common Council of the City of Buffalo,
Hundred Fifty Thousand Dollars ($150,000), pursuant to the in the County of Erie, New York, hereby resolves (by the
provisions of the Charter of said City and the Local Finance favorable vote of not less than two-thirds of all the members of
Law, constituting Chapter 33-a of the Consolidated Laws of the said Common Council) as follows:
State of New York (the "Law") to finance of partial Section 1. The Comptroller of the City of
reconstruction of various City-owned buildings, to provide for Buffalo, in the County of Erie, New York (herein called "City"),
handicapped access, throughout the City. The estimated is hereby authorized and directed to issue General
maximum cost of said class of objects or purposes for which Improvement Bonds of said City in the principal amount of One
the bonds authorized by this resolution are to be issued, Million Six Hundred Fifty Thousand Dollars ($1,650,000),
including preliminary costs and costs incidental thereto and the pursuant to the provisions of the Charter of said City and the
financing thereof, is $150,000, as set forth in the duly adopted Local Finance Law, constituting Chapter 33-a of the
Capital Improvements Budget of said City for fiscal year 1997-Consolidated Laws of the State of New York (the "Law"), to
98, as amended. finance the acquisition and installation of computer assisted
Section 2. The proceeds of the sale of the communications systems for the Department of Police. The
bonds authorized by this resolution, or any bond anticipation estimated total cost of said class of objects or purposes for
notes issued in anticipation of the sale of said bonds shall be which the bonds authorized by this resolution are to be issued,
deposited in the Capital Projects Fund to the credit of the including preliminary costs and costs incidental thereto and the
Department of Public Works, Division of Buildings, financing thereof, is $1,650,000 as set forth in the duly adopted
"Handicapped Access Improvements, 1997-98", Bond Capital Improvements Budget of said City for fiscal year 1997-
Authorization Account No. 200-402, and shall be used for the 98, as amended.
class of objects or purposes specified in Section 1 of this Section 2. The proceeds of the sale of the
resolution. bonds authorized by this resolution, or any bond anticipation
Section 3. The City intends to finance, on an notes issued in anticipation of the sale of said bonds, shall be
interim basis, the costs or a portion of the costs of said deposited in the Capital Projects Fund to the credit of the
improvements for which bonds are herein authorized, which Department of Police, "Purchase of Data Systems, 1997-98",
costs are reasonably expected to be incurred by the City, Bond Authorization Account No. 200-200, and shall be used for
pursuant to this Bond Resolution, in the maximum amount of the purpose specified in Section 1 of this resolution.
$150,000. This Resolution is a declaration of Official Intent Section 3. The City intends to finance, on an
adopted pursuant to the requirements of Treasury Regulation interim basis, the costs or a portion of the costs of said
Section 1. 150-2. improvements for which bonds are herein authorized, which
Section 4. The following additional costs are reasonably expected to be reimbursed with the
matters are hereby determined and stated:. proceeds of debt to be incurred by the City, pursuant to this
(a) The existing buildings are of defined Class " B " Bond Resolution, in the amount of $1,650,000. This resolution
construction as by Section 11. 00 a.11 (b) of the Law, and the is a declaration of official intent adopted pursuant to the
period of probable usefulness applicable to the class of objects requirements of Treasury Regulation Section 1.150-2.
or purposes for which the bonds authorized by this resolution Section 4. The following additional
are to be issued within the limitations of Section matters are hereby determined and stated:
11.00 (a) The period of probable
a. 12.(a)(2) of the Law, is fifteen (15) years. usefulness applicable to the specific object or purpose for
(b) Current funds are not required which the bonds authorized by this resolution are to be issued
by the Law to be provided as a down payment prior to the within the limitations of Section 1 1.00 a.
issuance of the bonds authorized by this resolution or any bond 35. of the Law, is five (5) years.
anticipation notes issued in anticipation thereof in accordance (b) Current funds are not required
with Section 107.00 d. 9. of the Law. by the Law to be provided as a down payment prior to the
Section 5. Each of the bonds authorized by issuance of the bonds authorized by this resolution or any bond
this resolution and any bond anticipation notes issued in anticipation notes issued in anticipation thereof in accordance
anticipation of the sale of said bonds and the renewals of said with Section 107.00 d. 9. of the Law.
notes shall contain the recital of validity prescribed by Section Section 5. Each of the bonds authorized by
52.00 of the Local Finance Law. Said bonds and said notes this resolution and any bond anticipation notes issued in
shall be general obligations of the City of Buffalo payable as to anticipation of the sale of said bonds and the renewals of said
both principal and interest by a general tax upon all the taxable notes shall contain the recital of validity as prescribed by
real property within said City without limitation as to rate or Section 52.00 of the Local Finance Law. Said bonds and said
amount. The faith and credit of said City are hereby irrevocably notes shall be general obligations of the City of Buffalo payable
pledged for the punctual payment of the principal of and as to both principal and interest by a general tax upon all the
interest on said bonds and said notes. Provision shall be made taxable real property within said City without limitation as to rate
annually by appropriation by said City for the or amount. The faith and credit of said City are hereby
payment of interest on and for the amounts required for the irrevocably pledged to the punctual payment of the principal of
amortization and redemption of said bonds and said notes. and interest on said bonds and said notes. Provision shall be
made annually by appropriation by said City for the payment of Brotherhood of Teamsters Local 264, AFL-CIO; Local 2651,
interest on and for the amounts required for the amortization American Federation of State, County, and Municipal
and redemption of said bonds and said notes. Employees, AFL-CIO; Buffalo Crossing Guards Association;
Section 6. The validity of the bonds and Local 71, International Union of Operating Engineers.
authorized by this resolution bond anticipation notes issued in ADOPTED,
anticipation of the sale of said bonds, may be contested only if: NO.185
(a) such obligations are authorized for an By: Messrs. Helfer, Zuchlewski and Ms. Kavanaugh
object or purpose for which the City of Buffalo is not authorized MEMORIALIZENEWYORKSTATELEGISLATURE-
to expend money, or POWERSOFSTATEUNIVERSITYSECURITYOFFICERS
(b) the provisions of law which Whereas: There has been introduced in the New York
should be complied with at the date of the publication of such State Legislature Senate Bill S. 4595 and Assembly Bill A.
resolution are not substantially complied with, 7647 " An Act to amend the criminal procedure law, the
and an action, suit or proceeding contesting such validity, is education law and the personal property law, in relation to the
commenced within twenty days after the date of such powers of state university security officers and to repeal
publication, or subdivision 14 of section 2.10 of the criminal procedure law
(c) such obligations are authorized relating thereto and subdivision 3 of section 690.25 of the
in violation of the provisions of the constitution. criminal procedure law, relating to search warrants"; and
Introduced: JULY 8, 1997 Whereas: This bill provides police officers appointed by the
LAID ON THE TABLE state university with the powers of police officers; and
NO.183 Whereas: At present, State University Security Officers
By: Mr. Franczyk
are peace officers with the ability to make arrests, conduct
searches, and issue appearance tickets. For all intents and
HOMESTEADINGOF905SMITHSTREET
purposes, they act as Police Officers, yet possess limited law
WHEREAS: The Barth family has lived on Smith Street for
enforcement powers when outside specific geographic areas of
over 75 years; and,
employment and they may not have legal protection when
WHEREAS: The Barth's having been living at 903 Smith
leaving a main campus while performing their duties; and
Street for many decades; and,
Whereas: By granting State University Security Officers
WHEREAS: The Barth's have been maintaining a neglected
Police Officer Status, this legislation would provide the
city-owned lot next to their house at 905 Smith for at least five
individuals protecting our campuses and students the
years; and,
necessary authority to effectively execute their jobs;
WHEREAS: The Barth's wish to homestead 905 Smith, but
Now, Therefore, Be It Resolved:
have been informed by the Division of Real Estate that the lot is
That the Common Council of the City of Buffalo Memorialize
being held for some unspecified new home construction in the
the New York State Legislature to enact into law Senate Bill S.
future; and,
4595 and Assembly Bill A. 7647 "An Act to amend the criminal
WHEREAS: The parcel is only a single lot, and therefore too
procedure law, the education law and the personal property
small for a new home;
law, in relation to the powers of state university security officers
NOW THEREFORE BE IT RESOLVED:
and to repeal subdivision 14 of section 2.10 of the criminal
That this Common Council supports the homesteading of 905
procedure law relating thereto and subdivision 3 of section
Smith Street so that the Barth family can expand their yard
690.25 of the criminal procedure law, relating to search
space.
warrants"; and
REFERRED TO THE COMMITTEE ON COMMUNITY
Be it Further Resolved:
DEVELOPMENT, COMMISSIONER OF COMMUNITY
That the City Clerk certify passage of the resolution and
DEVELOPMENT AND COMPTROLLER.
forward copies thereof to the Secretary of the Senate, the Clerk
NO.184
of the Assembly, and to the members of the Western New York
By: Ms. Gray
delegation to the State Legislature.
REQUESTCITYUNIONSTOSUPPORTRESIDENCY
ADOPTED
REQUIREMENTS
NO.186
Whereas: Residency requirements and enforcement
By: Ms. Kavanaugh
continue to be high ranking issues in relation to citizen
RELOCATELOVEJOY26POLLINGSITEFOR1997
confidence and efficiency of local government; and
ELECTIONS
Whereas: As the Common Council and the Executive
Whereas: New York State Law requires the Board of
Branch continue to move forward with this endeavor it is
Elections to provide handicapped accessible polling places
important that the city unions support this initiative; and
wherever possible; and
Whereas: Data tends to indicate that tens of millions of
Whereas: The polling site at St. Gerard's for Election
dollars in salaries earned by city workers are leaving the city;
District 26 in the Lovejoy Councilmatic District is not currently
and
handicapped accessible at this time, though it may be in the
Whereas: As the city continues to suffer from suburban
future; and
sprawl and the exodus of city residents to suburban
Whereas: The Erie County Board of Elections would like to
communities, it is imperative that local government seek,
move the polling site for Lovejoy 26 to the handicapped
create, establish, and enforce self-help strategies that will
accessible Community Center at 2777 Bailey Avenue for the
contribute to the long term survival of Buffalo; and
l997 primary and general elections; Edward Saunders
Whereas: A study done by Comptroller Joel Giambra
Now, Therefore, Be It Resolved:
indicated that city workers have a mean income $30,000. Mr.
That this Common Council approves the temporary relocation
Giambra’s report underscored the need to either require
of the Lovejoy 26 polling site to the Kensington-Bailey
employees to live in the city or to charge them a commuter fee.
community Center.
If more of the city workers were required to reside in Buffalo,
PASSED AYES- 13 NOES- 0
that would have tremendous impact on the city's tax base; and
NO.187
Whereas: The support of the city unions is essential as
By: Ms. Kavanaugh and Mr. Brown
lawmakers pursue residency requirements for all employees of
CIVILSERVICEBROCHURE
the City of Buffalo;
Whereas: The Buffalo Civil Service Commission
Now, Therefore, Be It Resolved:
administers thousands of civil service exams and places
That the Common Council requests that all city unions indicate
hundreds of employees in Civil Service positions each year;
their official position on residency requirements for all
and
employees of the City of Buffalo; and
Whereas: The Commission has no general written
Be it Further Resolved:
materials for distribution to City residents which explain the
That the city unions indicate whether or not they support
procedures for taking a Civil Service exam and applying for a
current efforts to amend state laws that permit police officers,
Civil Service position; and
firefighters, and street-sanitation employees to reside outside of
Whereas: One of the most frequents complaints that
the City of Buffalo; and
Buffalo citizens have about City Hall is that offices here are not
Be it Further Resolved:
"user-friendly," with an attitude of trying to improve operations
That the city unions provide a list of strategies that should be
so that "customers" (City taxpayers) can more easily obtain
considered to increase union membership support for
accurate information and access services; and
residency requirements for all employees of the City of Buffalo.
Whereas: If the Commission had a brochure or manual
Be it Finally Resolved:
that set forth concisely the process for obtaining a Civil Service
That copies of this resolution be forwarded to: Buffalo Police
job it would help those who have had no prior experience with
Benevolent Association, Inc.; Buffalo Professional Firefighters
the system-,
Association, Local 282; American Federation of State, County,
Now, Therefore, Be It Resolved:
and Municipal Employees, Local 650, AFL-CIO; International
That the Buffalo Civil Service Commission file with this communication tower type, such as, monopole, lattice, guyed,
Common Council before August 28, 1997 a proposed draft of a or other type; the color of the communication towers and
document that would be used to introduce a City resident to the antenna; the location, type and intensity of any proposed
Civil Service system. lighting on the communication tower or antenna; a property
REFERRED TO THE COMMITTEE ON CIVIL SERVICE survey identifying the property boundaries of the proposed
AND CIVIL SERVICE COMMISSION. location; proof of the landowner's consent if the applicant will
NO.188 not own the property, together with any lease agreement
By: Ms. Kavanaugh and Ms. Williams between the applicant and the landowner; the location of all
DISPLAYBANNERSFORARTVOICESTREETFESTIVAL structures on the property and all structures on any adjacent
Whereas: ARTVOICE will celebrate its 7th anniversary on property within one hundred (100) feet of the property lines
Sunday, July 20, 1997 with its annual street festival on together with the distance of these structures to the
Chippewa Street between Pearl and communication tower or antenna; the names of adjacent
Franklin; and landowners; the location, nature and extent of proposed
Whereas: To promote this neighborhood festival of art and fencing, landscaping and screening; the location and nature of
music, ARTVOICE has requested permission to display three proposed utility easements and access roads if applicable- and
banners, one on Chippewa between Franklin and Delaware, building elevations of accessory structures or immediately
one on the rotary around Niagara Square and one on Elmwood adjacent buildings.
near the intersection with North; and 3) A description of the backhaul network identifying the entity
providing service to the telecommunication tower and antenna
Whereas: The organizers would like to display the banner and describing the location of the lines providing such service.
from July 9, 1997 through July 21, 1997; Such description shall include information sufficient for the
Now, Therefore, Be It Resolved: Commissioner of Community Development to determine
That this Common Council grants permission to ARTVOICE to whether any portion of the backhaul network is within City right-
display the three banners requested, pursuant to the conditions of way and describing where the lines providing service to the
established by the Commissioner of Public Works, the telecommunication tower or antenna cross City right-of-way.
Corporation Counsel and the Special Events Advisory 4) Sufficient proof that the applicant is a licensed FCC
Committee. telecommunications provider or has in place agreements with
PASSED AYES- 13 NOES- 0 an FCC licensed telecommunications provider for use or lease
NO.189 of the communication towers or antenna.
By: Ms. Lockwood 5) A safety analysis of the electromagnetic environment
ORDINANCEAMENDMENTCHAPTER103 surrounding the proposed communication tower or antenna
The Common Council of the City of Buffalo does hereby ordain location demonstrating that the electromagnetic radiation
as follows: exposure and emissions do not exceed applicable Federal
That Chapter 103 of the Code of the City of Buffalo be standards. Such analysis shall be prepared by a qualified
amended to add a new Article VII that shall read as follows: electromagnetic engineering specialist or health professional
ARTICLEVII qualified to conduct such an analysis.
COMMUNICATIONTOWERSANDANTENNAS 6) A completed Environment Assessment Form.
Section 103-58 Legislative Intent.
The intent of this Article is to establish guidelines for the 7) The appropriate fee as established by the Common
location of communication towers and antennas to: protect Council. (See, Buffalo Code Chapter 175, fees).
residential areas and land uses by minimizing potential adverse
impacts of communication towers and antennas; encourage the 8) Evidence to demonstrate that the proposed location of the
location of communication towers and antennas in non-communication tower or antenna is necessary to provide
residential areas; minimize the total number of communication telecommunication services. Such evidence shall include a
towers throughout the City of Buffalo by encouraging co-search ring prepared by a qualified Radio Frequency Engineer
location on any new or existing communication towers; and approved by a Professional Engineer registered in the
encourage the location of communication towers and antennas State of New York which depicts a map demonstrating the area
in areas where any adverse impact on the community is within which the communication tower or antenna needs to be
minimal; encourage the construction and use of communication located in order to provide proper signal strength and coverage.
towers and antennas in a way that minimizes the adverse visual Such evidence shall also include propagation studies prepared
impact of the communication towers and antennas through by a qualified Radio Frequency Engineer and approved by a
careful design, siting, and landscape screening; enhance the Professional Engineer registered in the State of New York
ability of the providers of telecommunications services to demonstrating existing signal coverage contrasted with the
provide such services to the community in a quick, effective proposed signal coverage resulting from the proposed
and efficient manner; protect the public health and safety by communication towers or antenna.
ensuring that communication towers and antennas are 9) In the event that the applicant is seeking approval for an
constructed and located in a safe manner. antenna to be mounted or attached on an existing
Section 103-59 Definitions communication tower, building or structure, the applicant shall
The definitions applicable to this Article are contained in Article provide a structural analysis verifying the ability of the
XXVII of Buffalo Code Chapter 511 in addition to the general communication tower, building or structure to handle the
definitions applicable to the Code of the City of Buffalo. antenna.
Section 103-60 Permit required for Communication Towers 10) Evidence to demonstrate that the height requested for the
and Antennas Application. proposed communication towers or antenna is the minimum
A. General All newly constructed, relocated, rebuilt or height necessary.
extended communication towers and antennas shall comply 11) Evidence to demonstrate the applicant's reasons for
with the provisions of this Article. No person shall construct, selecting the proposed location and the availability or lack of
maintain or operate a communication tower or antenna without availability of a suitable structure within the applicant's search
complying with the provisions of this Article. ring of the City which would have allowed for a co-located
B. Application for a Building Permit for Communication antenna or mounting on an existing structure. The applicant
Towers and Antennas. shall provide information showing that it has made a good faith
All persons seeking to construct, locate, rebuild, relocate or and diligent effort to co-locate on existing towers or other
extend a communication available and appropriate structures and/or to construct new
tower and antenna in the City of Buffalo shall make written communication towers and antennas near existing
application to the Commissioner of the Department of communication towers and antennas in an effort to consolidate
Community Development for a building permit. The application by, among other things, submitting correspondence which has
shall include the following information and items: been presented by the applicant to other telecommunication
1) An inventory of its existing communication towers and providers requesting co-location.
antennas and sites approved for communication towers and 12) In the event that the proposed location is in a historic
antennas that are within the jurisdiction of the City of Buffalo district designated under Buffalo Code 337, that applicant shall
and within one mile of the border thereof including detailed submit proof that a certificate of appropriateness has been
information about the location, height and design of each obtained.
communication tower and antenna. 13) The applicant must submit a copy of its policy regarding
2) A detailed site plan for the proposed communication tower co-location on any proposed communication tower or antenna
or antenna showing, at a minimum, the exact location of the with other potential future applicants. Such policy should at a
proposed communication tower or antenna together with guy minimum allow co-location in the event that the new
wires and anchors if applicable; the maximum height of the communication tower or antenna does not exceed structural
proposed communication tower; a description of the loading requirements and that the party desiring to co-locate
has a similar policy for co-location for the applicant. performed and obtained.
14) Any other information as may be reasonably requested by C. Denial of Application
the Commissioner of the Department of Community Any denial of an application by the Commissioner shall be
Development. made in writing and contained in a written record specifying the
Section 103-61 Referral to the City Planning Board or reasons for the denial.
other appropriate City Agencies. Section 103-64 City owned locations.
The Commissioner of the Department of Community In addition to complying with the requirements of this Article,
Development shall refer the application to the City Planning any applicant desiring to construct, operate or maintain a
board. The City Planning Board is hereby authorized to make communication towers and antenna on a City owned location
recommendations to the Commissioner of the Department of shall enter into a lease for the property subject to terms and
Community Development to fulfill the intent and purpose of this conditions as may be negotiated.
Article and the Commissioner may include such Section 103-65 - Severability.
recommendations as conditions to any permit issued under this If any clause, sentence, paragraph or part of this local law or
Article. The Commissioner may also refer the application to application thereof to any person or circumstance shall be
other appropriate agencies, including but not limited to, the adjudged by any court to be invalid, such judgment shall not
Department of Public Works and the Zoning Board of Appeals. affect, impair or invalidate the remainder thereof or the
Section 103-62 General Standards for Communication application thereof to other persons and circumstances but
Towers and Antennas shall be confined in its operation to the clause, sentence,
paragraph or part thereof and the persons and circumstances
A) All communication towers and antennas shall be directly involved in the controversy in which such judgment
constructed in accordance with all applicable laws, rules and shall have been rendered.
regulations and maintained in good order and repair. APPROVED AS TO FORM
Michael Risman
B) All communication towers and antennas must comply with Acting Corporation Counsel
the provisions of Buffalo Code Chapter 511 Article Y-XIX. REFERRED TO THE COMMITTEE ON LEGISLATION
NO.190
C,)The applicant must comply with all applicable State and By: Mrs. Lockwood and Mrs. LoTempio
Federal regulations including but not limited to FAA and FCC WAIVEFEESFORCAZENOVIAPARKEVENTS
regulations. COMMITTEE
Whereas: The Cazenovia Park Events Committee has
D) During the application process and every three years after been formed to offer expanded entertainment opportunities in
construction or placement of a communication tower or Cazenovia Park; and
antenna the applicant/owner shall provide a certification from a Whereas: This committee is composed of volunteers
qualified Professional Engineer registered in the State of New representing both the public and private sectors as well as
York certifying that the communication tower or antenna meets community based organizations including the City of Buffalo,
applicable structural safety standards. the South Buffalo Community Association,
Neighborhood Housing Services of South Buffalo, M&T Bank,
E) The applicant shall agree to remove the communication and the South Buffalo Business Association; and
tower or antenna if it becomes technically obsolete or ceases to Whereas: The Caz Park Events Committee has planned
be used for its intended purpose for six (6) consecutive several events throughout the summer and fall including; Caz
months. The Commissioner of the Department of Community has Jazz on June 21st, Sunday In The Park on July 27th,
Development shall require the applicant to provide a demolition Freedom Concert on August 2nd, and Octoberfest on October
bond, in a form approved by the Law Department, in an amount 11 th; and
of at least twice the cost of removing the tower. The cost of the Whereas: These events will provide the opportunity to
removal of the tower shall be certified by a New York State enjoy free family fun in a beautiful Olmsted Park setting,
licensed professional engineer. In no event shall the amount of heighten our community's appreciation for our parks and
the bond be less than the cost of removal in the event that the benefit the City of Buffalo; and
applicant fails to remove the communication tower or antenna. Whereas: The committee is planning to hold these and
The sufficiency of the bond shall be confirmed at least every additional community based events on an annual basis in
five (5) years by an analysis conducted by a New York State Cazenovia Park; and
licensed professional engineer. If the bond amount in force is Whereas: The Cazenovia Park Events Committee has
insufficient to cover the cost of demolition and removal, it shall requested a waiver of all city fees associated with conducting
be immediately increased to cover such amount. the events including, but not limited to, the bandshell, street
closings, and the cost of any permits;
F) Prior to obtaining a building permit under this Article, the Now Therefore Be It Resolved That:
applicant shall certify that all franchises and licenses required This Honorable Body authorize a waiver of all fees associated
by any governmental entity including the City of Buffalo have with the Cazenovia Park Events Committee's series of events
been obtained and shall file a copy of all required franchises throughout the 19971998 season.
and licenses with the Commissioner of the Department of PASSED AYES- 13 NOES- 0
Community Development. NO.191
By: Mrs. LoTempio
G) Upon request of the Commissioner or his designee, but not APPOINTMENTDEPUTYCITYCLERK(VITAL
more frequently that once a year, any person issued a permit STATISTICS)
under this Article shall submit an updated safety analysis to I hereby appoint Kevin M. Kelley, 171 Harding Rd., Buffalo,
ensure that the electromagnetic radiation exposure and New York to the position of Deputy City Clerk (Vital Statistics)
emissions surrounding the site do not effective July 1, 1997.
exceed applicable Federal standards and continue to meet ADOPTED
such standards. Such analysis shall be prepared by a qualified NO.192
electromagnetic engineering specialist or health professional By Mrs. LoTempio
qualified to conduct such an analysis. MANDATORYBOATINGSAFETYCOURSE
Section 103-63 Decision on Application by the Whereas: During the past several years there has been
Commissioner increased concern regarding the operation of vehicles on
A) The Commissioner shall respond to an application filed Buffalo's waterways; and
under this Article within ninety Whereas: A number of individuals have been involved in
(90) days after receiving it by either approving the application serious accidents due to a lack of knowledge and experience in
and granting a building permit or denying the application. The boat operations in addition to alcohol abuse and excessive
ninety (90) day period may be extended by the Commissioner speed on our waters; and
upon good cause. Whereas: Over 900 people die in boating related accidents
B) The Commissioner shall base his decision on the following each year according to the United States Coast Guard; and
criteria. Whereas: According to New York State Law, individuals
1) That the applicant has complied with the requirements of are not required to attend mandatory boating safety courses or
this Article. posses a license in order to operate a watercraft; and
2) That a review under the State Environmental Quality Whereas: The only prerequisite to operate a vehicle on the
Review Act has been conducted. waters of New York State is that an individual must be 18 years
3) That the proposed location meets the zoning requirements of age; and
contained in Buffalo Code Chapter 511 Article XXIX Whereas: Due to the increasing number of vessels on the
4) That all necessary referrals and approvals have been water and the complex nature of operating a boat, new policies
must be explored in order to ensure the safety of all boaters; visible location within 1,000 feet of the perimeter of any
and playground, school, child care center, children's institution,
Whereas: Operating a boat should be viewed as the youth center or amusement arcade; and
equivalent of operating a motor vehicle in New York State; and Whereas: The bill would also restrict the sale or
Whereas: Therefore, a mandatory boating safety course distribution of tobacco product promotions, such as caps and
and written exam should be required by the State of New York shirts bearing the brand names or logo of a tobacco product;
prior to allowing individuals to register or operate vehicle's on and
our lakes and rivers; and Whereas: This proposed ordinance appears to a fair,
Whereas: In addition to these requirements, current reasonable and constitutionally permissible restriction on
guidelines under the New York State Navigation Law should be tobacco advertising and promotion which should be seriously
strictly enforced to further enhance boating safety; and considered;
Whereas: Local Coast Guard Auxiliaries throughout the Now, Therefore Be It Resolved:
state could be in charge of administering these mandatory That the Corporation Counsel be requested to prepare the
safety courses and examinations; and attached draft legislation in proper legal form and file it with the
Whereas: Upon satisfactory completion of these City Clerk so that it may be considered by this Honorable Body
requirements, boat owners or operators would be eligible to and so that public hearings may be held on the proposal.
register their vessels with the New York State Department of ADOPTED
Motor Vehicles; and NO.195
Whereas: Many states across the country, such as By: Mr. Pitts
Connecticut and Virginia, require boat operators to complete REQUESTLAWDEPARTMENTTODRAFTORDINANCE
National Association of State Boating Law (NASBL) approved TOREGULATESTEELCOILS
safe boating courses in order to register and operate their Whereas: Recently a truck carrying a 50,000-pound steel
vehicles; and coil overturned in downtown Buffalo drawing concern from
Whereas: These important, necessary mandates will make many business and community leaders; and
the waterways of Buffalo and New York State safer and more Whereas: Locally and nationally there have been fatal
pleasurable for all; accidents related to steel coils falling off of trucks. Often the
Now Therefore Be It Resolved That: fines for these accidents are minimal; and
This Common Council memorialize members of the New York Whereas: Public roads and highways contribute to the life
State Legislature and request that legislation be sponsored and blood of Buffalo. Additionally it is important that local
approved requiring residents of the State of New York to government urge the New York State Department of
successfully complete a mandatory boating safety course and Transportation and other government agencies to support
written examination prior to being permitted to register a additional legislation regulating the transporting of steel coils in
watercraft; and the City of Buffalo; and
Be It Further Resolved: Whereas: The City of Buffalo should also establish a local
That this Honorable Body requests the City Clerk send certified law to regulate steel coils in an effort to reduce the possibility of
copies of this resolution to Erie County Sheriff Thomas future accidents;
Higgins, the local United States Coast Guard Auxiliary, and the Now, Therefore, Be It Resolved:
Western New York Delegation to the State Legislature. That the Common Council requests that the Law Department
ADOPTED prepare a city ordinance regulating steel coil transport; and
NO.193 Be it Further Resolved:
By: Mr. Pitts That the New York State Legislature, the United States
AUDITBCTV Congress, the New York State Department of Transportation,
Whereas: BCTV or Buffalo Community TV (formerly and the Federal Highway Administration be requested to
known as BCAM, or Buffalo Community Media), in an increase the penalties for violating laws related to steel coil
independent not-for-profit organization with whom the City of transport; and
Buffalo has contracted to operate a public access television Be it Finally Resolved:
facility; and That certified copies of this resolution be sent to the Western
Whereas: The Board of Directors of BCTV has recently New York delegation to the New York State Legislature and the
taken administrative action following charges of improper United States Congress.
appropriation of funds; and REFERRED TO THE COMMITTEE ON LEGISLATION AND
Whereas: BCTV is endeavoring to determine the full extent CORPORATION COUNSEL.
of this alleged transgression, and to take legal action, if NO.196
appropriate; and By: Messrs. Pitts and Coppola
Whereas: The City of Buffalo should be fully apprised of SAVINGTREEATPARKSIDEAVENUEANDAMHERST
the current situation and any future actions by the board, STREET
particularly in regard to any possible misuse of city funds and WHEREAS: The City of Buffalo just adopted a new Tree
any impact this situation could have on the provision of public Ordinance which would promote the planting and maintenance
access television services; of trees and green space; and
Now, Therefore Be It Resolved: WHEREAS: As many new development activities, especially
That the Board of Directors of Buffalo Community TV be at the neighborhood level are started, a greater sense of the
requested to provide a full report on this situation to this importance of including trees as part of the planning is
Honorable Body, and submit copies of all audits and financial happening contradicts; and
reports that are prepared. WHEREAS: The City Forester has taken action in support of
REFERRED TO THE SPECIAL COMMITTEE ON some new development projects to cut down healthy trees.
TELECOMMUNICATIONS, BCTV, AND CORPORATION While this may prove desirable at times, it must only be done
COUNSEL. as a last resort; and
NO.194 WHEREAS: The City Forester is proposing that the tree at
By: Mr. Pitts and Mrs. Williams Amherst Street and Parkside Avenue be cut down. This is a
DRAFTLOCALLAW-TOBACCOADVERTISINGANDhealthy Maple which would be destroyed to put in a sidewalk;
PROMOTION and
Whereas: Although the rate of smoking among adults WHEREAS: The redesign of the sidewalk is more desirable
decreased by 50 percent between 1971 and 1993, the rate of than destroying the tree.
smoking among high school students increased 26 percent NOW, THEREFORE BE IT RESOLVED:
from 1991 to 1996, and now is at the highest rate since 1981; That the Common Council does not approve of the felling of the
and tree at Parkside Avenue and Amherst Street in front of the Zoo;
Whereas: Certain tobacco products manufacturers have and
admitted that they have attempted to advertise and promote BE IT FURTHER RESOLVED:
their products to minors; and That the Common Council request that the Public Works
Whereas: As a result, some progressive communities have Commissioner work with the Zoo Administration to redesign the
proposed or enacted laws prohibiting the advertisement and sidewalk.
promotion of tobacco products in areas that are frequented by ADOPTED
children; and NO.197
Whereas: The attached draft bill is similar to the recent By: Mr. Pitts
New York City proposal and the law currently in effect in TCIFRANCHISECOMMITMENTS
Tacoma, Washington; and Whereas: Tele-Communications Inc. and Adelphia
Whereas: It would restrict the advertisement and promotion Communications Corp. are negotiating a partnership which
of cigarettes, cigars and smokeless tobacco in any publicly would result in Buffalo's cable system being managed by
Service
Adelphia; and That the following persons are hereby appointed as
Whereas: According to the terms of the franchise Commissioner of Deeds for the term ending December 31,
agreement between the City of Buffalo and TCI of New York, 1998 , conditional upon the person so appointed certifying
any such deal would have to be approved by the City before if under oath to their qualifications and filing same with the City
could take effect; and Clerk:
Whereas: There are some franchise provisions that were Peter Adornetto
agreed to by TCI but which have not seen significant progress Daniel J. Calderon
toward implementation since the new franchise took effect on Dawn Clark
January 1, 1996; and Richard Ehrensberger
Whereas: One of these provisions is the requirement that Herbert Engelhardt
TCI construct a cable TV system using fiber optic technology Jennifer J. Spittler
with a minimum of 750 MHz on or before December 31, 1998; Eileen Spooner
TCI has not begun the work necessary to implement this ADOPTED.
required upgrade, and has expressed a desire to withdraw from NO.201
that contractual commitment; and By: Mr. Zuchlewski
Whereas: Another provision that TCI is overdue in APPOINTMENTS
complying with is the Showcase School project, an innovative COMMISSIONEROFDEEDS
multimedia teaching and learning environment at the Buffalo REQUIRED-PERFORMANCEOFPUBLICDUTIES
Academy for the Visual and Performing Arts; TCI is long That the following persons are hereby appointed as
overdue in preparing the first school, which was to have been Commissioner of Deeds for the term ending December 31,
completed within nine months of site selection, and the 1998, conditional upon the person so appointed certifying,
company is now attempting to reduce its commitment to the under oath, to their qualifications and filing same with the City
program; and Clerk:
Whereas: Prior to any serious consideration of any change Denise Barry
in ownership and control of the franchise, TCI should ensure Sharon M. Knode
that they are in full compliance regarding these and all other ADOPTED
franchise obligations; and NO.202
By: Mr. Zuchlewski
Whereas: If there is not full compliance not only should the
City refuse to consider any transfer or assignment, but it
FELICITATIONS/INMEMORIAMS
should consider measures to revoke the franchise;
Felicitation for Progressive National Baptist Convention
Now, Therefore Be It Resolved:
By Councilmembers Williams and Brown
That this Common Council notify TCI of New York that it will
ADOPTED.
not approve any transfer or assignment of the franchise unless
NO.203
there is full compliance with all franchise provisions; and
ANNOUNCEMENTOFCOMMITTEEMEETINGS
Be It Further Resolved:
That the City Clerk be directed to forward certified copies of
The following meetings are scheduled. All meetings are held in
this resolution to TCI of New York, Adelphia Communications
the Council Chambers, 13th floor, City Hall, Buffalo, New York,
Corp., and the New York State Public Service Commission.
unless otherwise noted.
REFERRED TO THE SPECIAL COMMITTEE ON
Regular Committees
TELECOMMUNICATIONS., TCI and ADELPHIA CABLE
Civil Service Tuesday, July 15, 1997 9:30 A.M.
NO.198
Finance Tuesday, July 15, 1997 - following Civil
By: Mr. Pitts
Legislation Tuesday, July 15, 1997 at 2:00 P.M.
WAIVEROFTENTFEESFORTASTEOFBUFFALO
Community Dev.Wednesday, July 16, 1997 at 10:00 A.M.
WHEREAS: The Taste of Buffalo 1997 will take place July
Claims Wednesday, July 16, 1997 at 9:00 a.m.
12th and 13th at Buffalo Place on Main Street; and
ANCILLARY MEETINGS
WHEREAS: This marks the 14th year for the Taste of Buffalo
Special Meeting on Police Organization held in 1417 at 11:00
which happens to be the second largest event of its kind in the
o'clock a.m. on Wednesday, July 9, 1997.
country; and
WHEREAS: The Taste of Buffalo is a not-for-profit
Hearing on Telecommunications at 7:00 o'clock p.m. on
organization with a volunteer Board of Directors. The "Food
Thursday, July 10, 1997 in Council Chambers
Fest" is truly a regional event which successfully promotes
NO.204
positively Downtown Buffalo.
ADJOURNMENT
NOW, THEREFORE BE IT RESOLVED:
On a motion by Mrs. LoTempio, seconded by Mr. Helfer, the
That the Common Council again strongly supports the Taste of
Common Council adjourned at 4:48 P.M.
Buffalo and hereby waives the tent fees required by the City;
and
BE IT FURTHER RESOLVED:
The waiver of the tent fees does not preclude other fees
payable to the City of Buffalo by the Taste of Buffalo.
PASSED AYES- 13 NOES- 0
NO.199
By: Ms.Williams
ERECTBANNERFORARTHRITISFOUNDATIONRUN
Whereas: The Western New York Chapter of the Arthritis
Foundation is sponsoring the
Jingle Bell Run for ARTHRITIS
race on Saturday, July 13, 1997 in conjunction with the Taste
of Buffalo; and
Whereas: All proceeds will benefit the Arthritis Foundation;
and
Whereas: The sponsor is requesting permission to erect a
promotional banner at the corner of Franklin and Huron Streets;
and
Whereas: The banner will serve as the start and finish line
for the race; and
Whereas: The banner is to be hung during the week of
July 6 and will be removed the week following the July 13 race;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grant pen-
nission to the Arthritis Foundation to erect a banner at the
corner of Franklin and Huron pursuant to the condition set forth
by the Corporation Counsel and the Department of Public
Works.
PASSED AYES- 13 NOES- 0
NO.200
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONEROFDEEDS