HomeMy WebLinkAbout97-0916
No. 17
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
SEPTEMBER 16, 1997
TASKFORCES
MAYOR AUDITORIUM AND STADIUM TASK FORCE:
Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K.
Lockwood, Rosemarie LoTempio , Corporation
COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee,
Joel A. Giambra Commissioner of Community Development/Designee,
Commissioner of Administration and Finance/Designee,
COMMON COUNCIL President of Development Downtown.
PRESIDENT OF THE COUNCIL
James W. Pitts ERIE BASIN MARINA TASK FORCE: James W.
Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood,
PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public
David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee,
Buffalo Sabres/Aud Club.
MAJORITY LEADER
Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David
Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John
COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan,
Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula
Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of
Olmsted desingee, Commissioner of Parks/Designee,
DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of
ALFRED T. COPPOLA - DELAWARE Community Development/Designee.
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane-
DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry
BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark
ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro,
DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr.
BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P.
KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE: David
REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul
Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna
CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon
Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk,
Bonnie Kane-Lockwood, Members
CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman,
Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron
Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio
Members.
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie
LoTempio , Robert Quintana, Barbara Kavanaugh Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbara A. Kavanaugh
Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray,
Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T.
Coppola, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer,
Byron Brown
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl
a. Perla, Jr.
POLICE REORGANIZATION COMMITTEE: David J.
Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio
CORPORATION PROCEEDINGS
COMMONCOUNCIL
CITYHALL-BUFFALO
TUESDAY,(INSERTDATE) considered a Type 2 Action which does not require further
AT2:00P.M. environmental review.
RECEIVED AND FILED
PRESENT - James W. Pitts President of the Council, NO.5
and and Council Members Brown, Coppola, Czajka, ELLICOTTDEVELOPMENTREQUEST
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, TOERECTAPOLESIGNAT1070
LoTempio, Pitts, Williams and Zuchlewski - 12. GENESEESTREET
(ITEMNO.110,C.C.P.7/22/97
ABSENT - Council Member Quintana - 1. The City Planning Board at its regular meeting held Tuesday,
September 9, 1997, considered the matter captioned above
On a motion by Mrs. LoTempio, seconded by Mr. pursuant to Section 511-68 of the Buffalo Code - the review of
Czajka, the minutes of the stated meeting held on billboard signs.
September 2, 1997) were approved. The applicant seeks to erect an illuminated sign measuring 12
feet by 7 feet with an overall height of 21 feet.
FROMTHEMAYOR-EXECUTIVEDEPARTMENT The Planning Board voted to approve the
proposed sign with the conditions that it should not
FROMTHECITYPLANNINGBOARD exceed 18 feet in overall height and that the sign is
NO.1 located in an appropriately landscaped base. Under
R.BLOCK,PETITIONTOREZONE SEQR the proposed sign is considered a Type 2 action
514SOUTHPARKAND277 which does not require further environmental review.
ALABAMAFROMR3TOC2 RECEIVED AND FILED
ITEMNO.113,C.C.P.9/2/97 NO.6
The City Planning Board at its regular meeting held Tuesday, RITEAIDOFNEWYORK,REQUEST
September 9, 1997, considered the matter captioned above TOERECTAPOLESIGNAT290
pursuant to Section 511-126 of the Buffalo Code - GRIDERSTREET
Amendments to Zoning Ordinance. (ITEMNO.109,C.C.P.7/22/97
The applicant seeks to re-zone the properties The City Planning Board at its regular meeting held Tuesday,
referenced above from R3 to C2 to allow for the development of September 9, 1997, considered the matter captioned above
an vacant library building at 514 South Park into a restaurant. pursuant to Section 511-68 of the Buffalo Code - the review of
The property at 277 Alabama will be used for accessory billboard signs.
parking for the restaurant. Under SEQR the proposed The applicant seeks to erect an illuminated sign
rezoning is considered an unlisted Action which may be measuring 12 feet by 7 feet with an overall height of 21 feet.
studied through Uncoordinated Review. The Planning Board voted to approve the proposed
The Planning Board voted to approve the proposed sign with the conditions that it should not exceed 18 feet in
re-zoning since it would allow for the adoptive reuse of a vacant overall height and that the sign is located in an appropriately
building. landscaped base. Under SEQR the' proposed sign is
RECEIVED AND FILED considered a Type 2 action which does not require further
NO.2 environmental review.
E.RODRIGUEZ,REQUESTTOERECT RECEIVED AND FILED
AGROUNDSIGNAT313ELMWOOD NO.7
AVENUE WILLIAMSADVANCEDMATERIALS,
(ITEMNO.106,C.C.P.9/2/97 REQUESTTORE-ZONEAPORTION
The City Planning Board at its regular meeting held 2048HERTELAVENUEFROMR2TOTS
Tuesday, September 9, 1997, considered the matter captioned (ITEMNO.108,C.C.P.9/2/97
above pursuant to Section 511-68 of the Buffalo Code - the The City Planning Board at its regular meeting held Tuesday,
review of ground signs. September 9, 1997, considered the matter captioned above
The applicant seeks to erect a non-illuminated pursuant to Section 511-126 of the Buffalo Code -
ground sign measuring 4.5 feet by 4 feet with an overall height Amendments to the Zoning Ordinance.
of 8 feet. The applicant seeks to re-zone the properties
The Planning Board voted to approve the proposed referenced above from R2 to TS to allow for the construction of
sign. Under SEQR the proposed sign is considered a Type 2 an accessory parking lot for their enterprise. Specifically, the
action which does not require further environmental review. site of the proposed accessory parking lot is located on the
RECEIVED AND FILED north east corner of Hertel Avenue and Beard Avenue. Under
NO.3 SEQR the proposed rezoning is considered an Unlisted Action
B.JOHNSON,REQUESTTO which may be studied through Uncoordinated Review.
ESTABLISHASIT-INRESTAURANT The Planning Board voted to approve the proposed
AT419ELMWOODAVENUE re-zoning on the condition that ivy is planted with the proposed
(ITEMNO.114,C.C.P.9/2/97 chain link fence which will form the perimeter of the parking
The City Planning Board at its regular meeting held area and provide a solid screen.
Tuesday, September 9, 1997, considered the matter captioned RECEIVED AND FILED
above pursuant to Section 511-56 of the Buffalo Code - The NO.8
Elmwood Avenue Business District. E.SHERRER,REQUESTTOERECT
The applicant seeks to establish a sit-in restaurant in ABILLBOARDSIGNAT48KRAKOW
an existing art gallery. The restaurant will be located in a one-(ITEMNO.107,C.C.P.9/2/97
story solarium. The City Planning Board at its regular meeting held Tuesday,
Under SEQR the proposed restaurant is considered an September 9, 1997, considered the matter captioned above
Unlisted Action which may be studied through Uncoordinated pursuant to Section 511-68 of the Buffalo Code - the review of
Review. billboard signs.
The Planning Board voted to approve the proposed restaurant. The applicant seeks to erect a non-accessory sign
RECEIVED AND FILED measuring 14 feet by 48 feet with an overall height of 40 feet.
NO.4 The sign will be located at the rear of the site so as to be read
BENDERSONDEVELOPMENTCO., from the New York State Thruway. Although the site is located
REQUESTTOERECTAPOLEAND in an R2 zone the applicant has received a variance from the
GROUNDSIGNAT1951AND Zoning Board of Appeals to erect the sign.
2001ELMWOODAVENUE Given this, the Planning Board voted to approve the proposed
(ITEMNO.110,C.C.P.9/2/97 sign.
The City Planning Board at its regular meeting held Tuesday, Under SEQR the proposed sign is considered an Unlisted
September 9, 1997, considered the matter captioned above Action which may be studied through an uncoordinated review.
pursuant to Section 511-68 of the Buffalo code - the review of RECEIVED AND FILED.
free standing signs. NO.9
The applicant seeks to erect an illuminated ground UNITEDREFINING,INC.,REQUEST
sign measuring 3 feet by 9 feet with an overall height of 6 feet TOERECTAPOLESIGNAT
and an illuminated pole sign measuring 24 feet by 12 feet with 2212NIAGARASTREET
an overall height of 28 feet. ITEMNO.111,C.C.P.9/2/97
The Planning Board voted to approve the proposed The City Planning Board at its regular meeting held
signs on the condition that they are located in appropriately Tuesday, September 9, 1997, considered the matter captioned
landscaped areas. Under SEQR the proposed sign is above pursuant to Section 511-G8 of the Buffalo Code - the
review of pole signs. NO.14
The applicant seeks to erect an illuminated pole sign MINUTESOFMEETINGS
measuring G.5 feet by 13 feet with an overall height of 27 feet. Attached is the Board of Ethics minutes from the meetings of
The sign will replace an existing pole sign which is April, May and June.
approximately 20 feet tall. RECEIVED AND FILED
The Planning Board voted to approve the proposed
sign on the condition that its height does not exceed the height FROMTHECOMPTROLLER
of the existing sign which it will replace. Under SEQR the NO.15
proposed sign is considered a Type 2 Action which does not APPOINTMENTOFDIRECTOROFREALESTATE
require further environmental review. Please be advised that I am appointing Dennis M. Dargavel of
RECEIVED AND FILED 1110 Abbott Road, Buffalo, New York 14220 as Director of
NO.10 Real Estate effective September 8, 1997. Mr. Dargavel is
THECARRIAGESHOP,REQUESTTO highly qualified to hold this position.
ERECTABILLBOARDSIGNAT Mr. Dargavel has been a licensed New York State Real Estate
1335SENECASTREET Broker since 1974 and has more than 25 years experience in
(ITEMNO.105,C.C.P.9/2/97 managing and marketing residential and commercial real estate
The City Planning Board at its regular meeting held Tuesday, in Western New York, including the City of Buffalo. Mr.
September 9, 1997, considered the matter captioned above Dargavel also has more than eight (8) years of real estate
pursuant to Section 511-68 of the Buffalo Code - the review of experience working in city government as a current member of
billboard signs. the City of Buffalo Assessment Review Board.
The applicant seeks to erect a non-accessory sign RECEIVED AND FILED
measuring 14 feet by 48 feet with an overall height of 30 feet. NO.16
The sign will be located at the rear of the site so as to be read UTILITYEASEMENT
from the New York State Thruway.. NATIONALFUEL
The Planning Board voted to receive and file the SQUAWISLAND
proposed sign at the request of the applicant. The Office of the Comptroller, Division of Real
RECEIVED AND FILED Estate, has received the attached easement agreement from
NO.11 the Buffalo Sewer Authority. The Sewer Authority is requesting
P.LAMONT,REQUESTTOCONVERT that the City of Buffalo grant an easement to National Fuel for
2344SENECASTREETINTOA city-owned property. The easement agreement is necessary to
TATTOOPARLOR allow for the present 8-inch high pressure gas service line,
(ITEMNO.109,C.C.P.9/2/97 which feeds the Sewage Treatment Plant, to be converted into
The City Planning Board at its regular meeting held a gas main. Converting from a service line to a main will allow
Tuesday, September 9, 1997, considered the matter captioned the line to be tapped for service to the newly constructed
above pursuant to Section 511-64 of the Buffalo Code - The maintenance garage.
Seneca Street District. The Law Department has approved the proposed
The applicant seeks to convert an existing store into a easement agreement as to form. This item should be referred
tattoo and body piercing parlor. The site is located in the to the Department of Public Works for a response.
Seneca Street Special zoning District which restricts such I am recommending that Your Honorable Body
uses and requires the approval of Your Honorable Body. approve the attached easement agreement and that the Mayor
The Planning Board raised concerns over the possible be authorized to execute the same.
negative impacts of such an enterprise on the neighborhood REFERRED TO THE COMMITTEE ON FINANCE AND
and was informed by the applicant that his clients were COMMISSIONER OF PUBLIC WORKS.
serviced on a referral basis and that no. one under the age of NO.17
18 would be allowed on the premises. Furthermore, he UTILITYEASEMENT
informed the Board that he was fully licensed by Erie County to NIAGARAMOHAWKPOWERCORP.
practice his trade. Under SEQR the proposed tattoo parlor is SQUAWISLAND
considered an Unlisted Action which may be studied through The Office of the Comptroller, Division of Real Estate,
Uncoordinated Review. has received the attached easement agreement from the
Given these facts, the Planning Board voted to Buffalo Sewer Authority. The Buffalo Sewer Authority is
approve the tattoo parlor. requesting our assistance in obtaining the proposed easement
RECEIVED AND FILED agreement for Niagara Mohawk Power Corporation for the
NO.12 relocation of existing power poles. This easement is needed to
9274GROUP,INC.,REQUESTTO accommodate the construction of the new maintenance garage
ERECTAPOLESIGNAT476 and replaces the 50-year right of way granted to Niagara
WILLIAMSTREET Mohawk Power Corporation by the United States Government
(ITEMNO.111,C.C.P.7/22/97 by deed dated April 24, 1953. The easement agreement is
The City Planning Board at its regular meeting held Tuesday, being requested for the following area:
September 9, 1997, considered the matter captioned above Beginning at the south end of the Buffalo Sewer
pursuant to Section 511-68 of the Buffalo Code - the review of Authority at Pole No. 122 and extending northerly
billboard signs. along the west side of the Black Rock Canal, 3,782
The applicant seeks to erect an illuminated sign feet, more or less, to Pole No. 31, south of the
measuring 12 feet by 7 feet with an overall height of 21 feet. Canadian National Railway, as shown on Exhibits A-
The Planning Board voted to approve the proposed 1 and A-2, dated July 29, 1997, attached hereto,
sign with the conditions that it should not exceed 18 feet in which is a portion all that tract or parcel of land
overall height and that the sign is located in an appropriately situated in the City of Buffalo, County of Erie, State
landscaped base. Under SEQR the proposed sign is of New York more commonly known as Squaw
considered a Type 2 action which does not require further Island, being part of SBL No. 088.19-1-1.
environmental review. The Law Department has approved the proposed
RECEIVED AND FILED easement agreement as to form. This item should be referred
NO.13 to the Department of Pubic Works for a response.
J.WILLIAMS,REQUESTTOERECT I am recommending that Your Honorable Body approve
ABILLBOARDSIGNAT1525 the attached easement agreement and that the Mayor be
WILLIAMSTREET authorized to execute the same.
(ITEMNO.108,C.C.P.9/2/97 REFERRED TO THE COMMITTEE ON FINANCE AND
The City Planning Board at its regular meeting held Tuesday, COMMISSIONER OF PUBLIC WORKS.
September 9, 1997, considered the matter captioned above
pursuant to Section 511-68 of the Buffalo Code - the review of FROMTHECOMMISSIONEROFASSESSMENT
billboard signs. NO.18
The applicant seeks to erect a non-accessory sign BRACO,I-REFUNDEXCESSTAXES
measuring 14 feet by 48 feet with an overall height of 30 feet. ITEM#50,C.C.P.09/02/97
Given this, the Planning Board voted to approve the At the September 9, 1997 Finance Committee meeting the
proposed sign. Under SEQR the proposed sign is considered Department of Assessment was requested to provide additional
an Unlisted Action which may be studied through an information relative to the above item. Attached are copies of
uncoordinated review. the original contract executed in 1977 with Brace, I which
RECEIVED AND FILED. contains references to the resolution passed on February 6,
FROMTHEBOARDOFETHICS 1973 Item 7 by the Common Council authorizing this form of
tax relief. Also attached in Section 125 of the Private Housing b. Installation of new theatrical lighting systems in the existing
Finance Law granting municipalities the option to adopt such auditorium house.
this form of exemption and detailed provisions and c. Construction of a new courtyard and covered passageway
qualifications. The parcels involved are all multi-unit structures (on the north side of the theater building and connecting the old
and with the exception of 922 Main and 74 Grant which are Greyhound Station at 672 Main Street) between Main Street on
mixed use buildings, all are classified an apartment buildings. the east and Pearl Street on the west.
Similar agreements exist with Maryner Associates for the Phase II: Repairs/replacement of the existing mechanical and
property assessed as 186 Efner, Buffalo village Associates for electrical
the property at 269 Georgia and Watergate II Apartments at 32 systems in all areas of the theater building.
Bartel. Phase III: Future restoration of interior building fabric.
By provision of the agreements the taxes for city, school and A combination of private and City Capital Budget funds and a
county are capped per the terms of the contract and any New York State Heritage Grant, under the Environmental
amount over and above is excess which is returnable to the Protection Fund, will be used to finance the project (total cost
owner. Since the city tax rate, much less the county tax rate, is - approximately $14,5000,000).
unknown at the establishment of the final assessment roll this As a result of this environmental review, the Lead Agency has
office has either generated a tax bill based strictly on the determined that the undertaking of this action will not constitute
assessed value resulting in a very large refund, over $99,000 an action significantly affecting the quality of the environment.
for the 1993-94 tax year, or in recent years has adopted the No further environmental review of this action will be conducted
practice of applying an exemption amount to produce a tax bill prior to project implementation and a Draft Environmental
closer to but still in excess of the amount allowable to Impact Statement will not be prepared.
guarantee the city receives its fair share of tax. Reasons Supporting This Determination:
REFERRED TO THE COMMITTEE ON FINANCE The proposed project will not have an adverse effect on the
historic and architectural qualities which qualify the Shea's
FROMTHECOMMISSIONEROFPUBLICWORKS Theater and the Theater Historic District for listing on the
NO.19 National Register for the following reasons: The project is
NOTIFICATIONSERIAL#8937INSTALLALTERNATEdesigned in conformance with the Secretary of the Interior's
PARKING-TYPEIGITTERESTREETFROMSYCAMORE"Standards for Rehabilitation and Guidelines for Rehabilitating
STREETTOSOUTHERNEND Historic Buildings;" the overall design of the addition and site
NO PARKING (ALTERNATE - TYPE I) - INSTALL work is compatible with the existing building and the district in
In conformity with Section 49 of Chapter 479 of the Ordinances terms of materials, style, scale, color and character; the design
of the City of Buffalo, the City Engineer hereby notifies Your of the project will preserve significant historic materials and
Honorable Body of this action supplementing, amending, or features to the fullest extent practicable; the project will protect
repealing existing provisions of Chapter 479 of the Ordinances, the historical significance of the theater building by making a
as stated below, to be effective forty five days after the first visual distinction between the old and the new; the Department
Council meeting at which they appear on the agenda as an item of Public Works will consult with the New York State Historic
business. Preservation Offices to ensure that all work proposed for the
That that part of Subdivision 24 Section 15 of Chapter 479 of existing theater building and the design of the new addition
Ordinances of the City of Buffalo be supplemented by adding remains appropriate; the City will document the exterior and
thereto the following: NO PARKING existing setting of the former Greyhound Bus Terminal for the
PROHIBITED PRT. HIGHWAY PROHIBITED PERIOD historical record.
Gittere Street East side Other potential negative impacts which were identified are all
from Sycamore Street 4:00 p.m. Wednesday to the due to demolition and construction activities which will generate
southern end 4:00 p.m. Sunday increased vehicle emissions, fugitive dust and increased noise
levels. These are only short-term impacts that will have minor
West side affects on the environment.
4:00 p.m. Sunday to The project will have the following very positive and beneficial
4:00 p.m. Wednesday impacts: Expanding the stagehouse and upgrading ancillary
This action is being taken in order to provide safe, efficient spaces will allow the theater to stage Broadway shows and
traffic flow and adequate on-street parking on this portion of other major venues which now cannot be performed due to
Gittere Street. Gittere between Walden and Sycamore already limited space and antiquated facilities; make the theater more
contains this type of Alternate Parking. financially solvent; increase entertainment opportunities to area
REFERRED TO THE COMMITTEE ON FINANCE residents; the project will serve as an excellent example of a
NO.20 creative and proper rehabilitation/ restoration of an old historic
SHEA'SPERFORMINGARTSCENTER structure; eliminate blighting influences and environmental
STAGEHOUSEEXPANSION deficiencies; improve the visual and aesthetic qualities of the
SEQRNEGATIVEDECLARATION site; encourage existing businesses to remain in the project
A Negative Declaration for the above referenced project is area and attract new businesses; create new job opportunities
hereby filed with Your Honorable Body in accordance with for area residents; and help to stabilize and revitalize the City's
Section 617.12 of the New York State Environmental Quality theater and downtown business districts.
Review Act. For further information relative to this negative declaration,
This notice is issued pursuant to Part 617 of the implementing contact Mr. Robert A. O'Hara, Principal Architect, Room 616
regulations pertaining to Article 8 (SEQR - State Environmental City Hall, Buffalo, New York 14202, telephone 716-851-5850.
Quality Review) of the Environmental Conservation Law. RECEIVED AND FILED
Lead Agency: Buffalo. Department of Public Works NO.21
Room 502 City Hall Buffalo, NEWYORKSTATEENVIRONMENTALBOND
New York 14202 STATEASSISTANCEAPPLICATIONRESOLUTION
As per SEQR, the Lead Agency has reviewed the following SQUAWISLANDPROJECT
action as it relates to the environment: The purpose of this Item is to request a resolution authorizing
Action Title: Shea's Performing Arts Center - Stagehouse the submission of an application for State assistance for landfill
Expansion closure and park development pursuant to Title 5 of Article 54
Location: 646 Main Street, Buffalo, New York of the New York State Environmental Conservation Law.
Type of Action: Type I WHEREAS, City of Buffalo, herein called the
Description: "Municipality", has hereby determined that certain work, as
The City of Buffalo proposes to undertake substantial described in the State assistance application and any
improvements and alterations to the Shea's Buffalo Theater. amendments thereof, herein called the "Project", is desirable
The building is individually listed on the National Register of and in the public interest; and
Historic Places and is also a contributing building to the City's WHEREAS, Title 5 of Article 54 of the
locally designated (and National Register eligible) Theater Environmental Conservation Law authorized State assistance
Historic District. The project will include the following payments to municipalities for closure of municipal landfills and
components: development of parks by means of a written agreement and the
Phase 1: a. Demolition of the existing stagehouse section at Municipality deems it to be in the public interest and benefit
the rear of the building between Main and Pearl Streets and under this law to apply therewith;
construction of a new stagehouse addition (approximately 8100 NOW THEREFORE, The Department of Public
expanded sq. ft. of new construction). The stagehouse Works requests your Honorable Body approve an appropriate
addition will house a new 50 foot deep stage, loading docks, resolution as follows:
stage operations offices, stage entrance lobby, new dressing 1 . That the Commissioner of Public Works is directed and
rooms, mechanical penthouse and ancillary support spaces. authorized as the official representative to act in
connection with any application between the Municipality I hereby certify that the lowest responsible bidder for
and the State, and to provide such additional information the above project is A.B.P. Concrete Construction, Inc.
as may be required; I respectfully recommend that your Honorable Body
2. That one (1) certified copy of this Resolution be prepared order the work, the cost thereof to be charged to the Capital
and sent to the Director, Division of Solid & Hazardous Projects Fund 2Ol-401-010-00-000 in an amount of
materials, New York State Department of Environmental $79,031.00. The engineer's estimate for this work is
Conservation, 50 Wolf Road, $78,500.00.
Albany, New York 12233-7250 together with the application; The attached is certified to be a true and correct
and statement of the two (2) lowest bids received. Under provisions
3. That this Resolution take effect immediately. of the General Municipal Law, any of the bidders may withdraw
s. LoTempio moved: his bid if an award of the contract is not made by October 20,
Mrs. LoTempio moved: 1997. Individual bid submissions are available in our office for
That the above communication from the Commissioner inspection and copies are available upon request.
of Public works dated September 11, 1997, be received and Mrs. LoTempio moved
filed; and That the above communication from the Commissioner
That the Commissioner of Public Works is directed of Public Works dated September 8, 1997, be received and
and authorized as the official representative to act in filed; and
connection with any application between the Municipality and That the Commissioner of Public Works be, and he
the State. and to provide such additional information as may be hereby is authorized to award a contract for Reconstruction of
required; and Curbs & Sidewalks in the South District, Group #448, to A.B.P.
That one (1) certified copy of this Resolution be prepared and Concrete Construction, Inc., the lowest responsible bidder in
sent to the Director, Division of Solid & Hazardous materials, the amount of $79,03 1.00, with said cost to be charged to the
New York State Department of Environmental Capital Projects Fund 201-401-010-00-000.
Conservation, 50 Wolf Road, Albany, New York 12233-7250 PASSED,
together with the application; and AYES - 12 NOES - 0
That this Resolution take effect immediately. NO.24
PASSED, PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
AYES - 12 NOES - 0 ANDADVERTISEFORRECONSTRUCTIONOFCURBS&
NO.22 SIDEWALKSINTHEELLICOTTDISTRICT-GROUP#415
REPORTOFBIDS ITEM#250,C.C.P.9/19/95
MASONRYRECONSTRUCTION I hereby request permission from Your Honorable Body to
CITYHALL prepare plans, specifications and advertise for sealed
VARIOUSLOCATIONS proposals for the Reconstruction of Curbs & Sidewalks in the
I advertised for on August 19, 1997 received the following Ellicott District - Group #415.
sealed proposals which were publicly opened and read on This project was approved as part of the 1995 - 1996 Capital
September 9, 1997: Improvements Budget. Funds are available in the Capital
Base Bid Alt. #3 Projects Fund #200-401-035-00-000.
Chesley Corp. $193,200 $12,000 Mrs. LoTempio moved:
Heritage $212,000 $ 6,200 That the above communication from the Commissioner
Progressive of Public Works dated September 3, 1997, be received and
Weatherproofing $289,000 $ 3,200 filed; and
Alternate #3 is for replacement of 100 bricks, various locations. That the Commissioner of Public Works be, and he
I hereby certify that the foregoing is a true and correct hereby is authorized to prepare plans, specifications and
statement of all bids received and that Chesley Corp. in the advertise for sealed proposals for the Reconstruction of Curbs
amount of $193,200 - Base Bid, $12,000 - Alternate #3, for a & Sidewalks in the Ellicott District - Group #415. Funds for
total of Two Hundred Five Thousand Two Hundred and 00/100 this project are in the Capital Projects Fund #200-401-035-00-
Dollars ($205,200.00) is the lowest responsible bidder in 000.
accordance with the plans and specifications. PASSED,
I recommend that Your Honorable Body authorize the AYES - 12 NOES - 0
Commissioner of Public Works to order the work on the basis NO.25
of the low bid. Funds for this work will be available in CPF 201-CHANGEINCONTRACT
402-005. ELMWOODVIRGINIAFIRESTATION
Total estimate for this work was $2OO,OOO.OO. GENERALCONSTRUCTION
Mrs. LoTempio moved: I hereby submit to Your Honorable Body the following changes
That the above communication from the for the Elmwood Virginia Fire Station, General Construction,
Commissioner of Public Works dated September 10, 1997, Concept Construction Corp., C
be received and filed; and 91853600.
That the Commissioner of Public Works be, and 1 . Install (4) additional stainless steel corner guards at
he hereby is authorized to award a contract for Masonry Corridor 217, revise door/frame 201 to include
Reconstruction, Buffalo City Hall, Various Locations, to view window and sidelight. Add $ 1,055.00
Chesley Corp., the lowest responsible bidder in the amount 2. Construct metal stud and drywall soffits above shower
of $193,200 - Base Bid, $12,000 Alternate #3 for a total of stalls at Rooms 205A and 207. Add $ 288.00
$205,200.00, with said cost to be charged to CPF 201-402- 3. Install galvanized clip angles for hanging stone
005. fascia at existing bldg. - revised detail due to existing
PASSED, conditions. Add $ 2,420.00
AYES - 12 NOES - 0 The foregoing change results in a net increase in the contract
NO.23 of Three Thousand Seven Hundred Sixty Three and 00/100
REPORTOFBIDS Dollars ($3,7,63.00).
RECONSTRUCTIONOFCURBS&SIDEWALKS Summary:
INTHESOUTHDISTRICT Original Amount of Contract $1,265,932.00
GROUP#448 Change Order No. 1
ITEM#20,C.C.P.4/15/97 (CCP 11 /1 2/96, #1 12) Add 40,289.00
This is to advise your Honorable Body that I have Change Order No. 2
advertised and received bids on September 3, 1997 for (CCP 4/1/97, #31) Deduct 15,729.00
Reconstruction of Curb & Walk - South District. Change Order No. 3
In obtaining bids for the above project, I have asked (CCP 7/8/97, #38) Add 3,106.00
for bids on a unit price covering the various items of work and Change Order No. 4 (CCP 9/2/97, #29) Add 6,000.00
material which will be performed. The final cost of the work will Amount of This Change (No. 5) Add 3,763.00
be based on the actual measured quantities of materials Revised Amount of Contract $1,303,361.00
entering into the work and may be either more or less than the These changes could not be foreseen at the time contract was
total bid. let. Costs have been reviewed by the Consulting Architect,
The following bids were received: Stieglitz, Stieglitz, Mach, and the Department of Public Works
Base Bid and found to be fair and equitable. Funds for this work are
A.B.P. Concrete Construction, Inc. $79,031.00 available in CPF 200-402-023 - Division of Buildings.
Sunshine Concrete Co., Inc. $79,101.50 I request that Your Honorable Body authorize the
M.P.J. Contracting, Inc. $84,335.50 Commissioner of Public Works to issue a change order to the
M. Passucci Construction, Inc. $85,818.00 contractor as set forth above.
Mrs. LoTempio moved: NO.28
That the communication from the Department of Public Works, REPT.OFAUDIT-SOLIDWASTE
dated September 10, 1997, be received and filed; and COMPOSTINGAGREEMENT
That the Commissioner of Public Works be, and he ITEM#5C.C.P.SEPTEMBER2,1997
hereby is, authorized to issue change order No. 5, to Concept This department has been asked to comment on the
Construction Corp., Inc., an increase in the amount of referenced item.
$3,763.00, as more fully described in the above We have reviewed the Comptrollers audit, and agree with its
communication, for work relating to the Elmwood Virginia Fire findings. We have already met with representatives of Parker
Station, C 91853600. Funds for this project are to be charged Bay Consultants to implement the audit recommendations.
to CPF # 200-402-023 Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE
PASSED. NO.29
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, ABCRENTAL-PURCHASINGPRACTICE
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, ITEM#88C.C.P.SEPTEMBER2,1997
WILLIAMS, ZUCHLEWSKI - 11 The referenced item was submitted to this department for
NOES - COPPOLA- 1 comment.
NO.26 Although the Department of General Services solicits bids for
INCREASEINCONTRACT-CHANGEORDERNO.I most purchases made by the City, the Department of
RESURFACINGOFCITYPAVEMENTS-1997 Public Works does receive bids for various items including the
GROUP#442 rental of equipment.
DESTRO&BROTHERSCONCRETECO.,INC. As the Common Council is aware, we must accept the bid from
CONTRACT#91900800 the lowest responsible bidder. We cannot give preference to
ITEMNO.21,C.C.P.4/29/97 business in one geographic area over another, nor can we give
I hereby submit to our Honorable Body the following unit price preference to a small business.
additions to the contract for the above named Project. This The staff of this department has been instructed to solicit bids
change order was necessary to complete the resurfacing of from firms within the City whenever possible.
Main Street, Tifft Street, Furhmann Blvd., and Bailey Avenue, REFERRED TO THE COMMITTEE ON FINANCE
including pavement markings. NO.30
Quantities necessary for the completion of these areas was SOUTHPARKLIFTBRIDGE
beyond the original scope of this contract and was unforeseen. ELECTRICAL-EMERGENCY
Contract Unit Estimated Estimated This is to inform Your Honorable Body that the City Engineer
Item Description Price Quantity Cost declared an emergency on the South Park Lift Bridge.
At approximately 9:00 p.m. on Friday, August 22, 1997,
685-01 White Epoxy $0.25/1.f. 14,950 lf $ 3,737.50 Niagara Mohawk Power Corporation notified our Bridge
Pavement Stripes Division of an electrical problem that disrupted power on South
04.120 Asphalt Concrete $38.00/ton 1,495. ton $56,810.00 Park Avenue between Lee Street and Abby Street. After an
Machine Laid investigation of the bridge, it was discovered that two (2) 4,000
volt transformers burnt out and left the bridge off line.
Total Change Order # 1 $60,547.50 Ferguson Electric was called in immediately to assess the
Contract Summary damage and make the necessary repairs. We expect the work
to be completed by Wednesday, August 27, 1997 when we will
Original Contract Amount $515,718.50 be able to restore power to the bridge and put it back in service.
This Change Order #1 $ 60,547.50 We will report the cost of this emergency work to Council.
New Contract Amount $576,266.00 Funds for this work are available in the Division of Engineering
Funds for this change order $60,547.50 are available in Account No. 200-401-015.
Division of Engineering Bond Fund Account #201-401-00200-RECEIVED AND FILED
000. NO.31
I respectfully certify that this change order is fair and equitable PLACINGSIGNSATLIBRARIES
for the work involved, and respectfully request that your ITEMNO.95,CCP09/02/97
Honorable Body approve the subject Change order and The above referenced item has been submitted to this
authorize the Commissioner of Public Works to issue said Department for comments/ recommendations.
change order to Destro & Brothers Concrete Co., Inc. It is noted that, in the Resolution from the County of Erie, these
Mrs. LoTempio moved: signs are to be posted by the County of Erie. Please be
That the communication from the Department of Public Works, advised that this Department has no objection to the County of
dated September 10, 1997, be received and filed; and Erie performing this service on our branch libraries. Mr.
That the Commissioner of Public Works be, and he Morgan should contact the maintenance staff at the Main
hereby is, authorized to issue change order No. 1, to Destro & Library for delivery of these signs.
Brothers Concrete Co., Inc., an increase in the amount of REFERRED TO THE COMMITTEE ON LEGISLATION
$60,547.50, as more fully described in the above NO.32
communication, for work relating to the Resurfacing of City DIFFERENCEINSALARY-TONYCAMPBELL
Pavements - 1997, Group #442, C 91900800. Funds for this Mr. Tony Campbell, a Laborer 11 in the Division of Engineering
project are to be charged to Division of Engineering Bond Fund was on disability from 6-12-97 thru 7-23-97. pursuant to the
Account #201-401-002-00-000. City Ordinance, Chapter 35, Article VI, Sec. 22, each employee
PASSED. is entitled to a difference in pay allowance under provision of
AYES - 12 NOES - 0 the Workers Compensation Law.
NO.27 Therefore, Mr. Campbell is entitled to a difference in pay as
PERMISSIONTOENGAGECONSULTANT follows:
PURCHASEOFNATURALGAS Daily City pay - $83.60 X 29 days off comp. = $2,424.40 -
I respectfully request Your Honorable Body's permission to Compensation payment $884.85 = $1,539.55 Taxes: Fed. -
engage a natural gas procurement consultant to prepare $308.27/ State - $73.95/ FICA - $150.22/ Medicare - $35.09
specifications, advertise and receive proposals to provide Total Taxes = $567.53 - $1,539.55 $972.02 Due Employee.
natural gas to the facilities owned by the City that will minimize REFERRED TO THE COMMITTEE ON CIVIL SERVICE
the City's natural gas costs and maximize reliability of supply. NO.33
Funds for this work will be available from the savings accrued RESURFACINGOFKENMOREAVENUE
from competitive bidding. The County of Erie has offered to provide $400,000 towards
Mrs. LoTempio moved: the milling and resurfacing of Kenmore Avenue. This
That the above communication from the Commissioner department was prepared to provide $100,000 toward the
of Public Works dated September 3, 1997, be received and project. Now with $500,000 available, we feel that we could mill
filed; and and resurface the City side of Kenmore Avenue from Military to
That the Commissioner of Public Works be, and he Rosemary.
hereby is authorized to engage the services of a Consulting In providing to County funds, the County has asked that we
Engineer to prepare specifications, advertise and receive raise several manholes and receivers on the County's side of
proposal to provide natural gas to the facilities owned by the the road. This can be accomplished within the $500,000
City that will minimize the City's natural gas costs and allocated.
maximize reliability of supply. Funds for this project will be It is our intention to fund the entire project from CPF #200-401-
available from the savings accrued from competitive bidding. 507 and when the reimbursement is received from the County
PASSED. of Erie, the funds would be deposited into the general fund.
AYES - 12 NOES - 0 We therefore request Your Honorable Body's authorization to
utilize CPF #200-401-507 for this purpose, to raise and reset selection. The applicant groups, counsel for HUD and
manholes and receivers on the County's portion of Kenmore plaintiffs were notified of this preliminary selection, subject to
Avenue as needed and to accept the $400,000 of funds being approval by this Honorable Body.
offered by the County of Erie. We recommend that your Honorable Body approve
In order to insure completion of this project before the end of the selection of H.O.M.E., Inc. and Rental Assistance Corp. as
this construction season, your immediate approval of this item the administrator and operator of the Community Housing
is necessary. Center and authorize the City to so select. Pursuant to the
RECEIVED AND FILED terms of the Section 8 decree (T 30), the United States
Comer
NO.34
Department of Housing and Urban Development must approve
REQUESTFOR"ALL-WAY"STOPSIGNSINHERMAN
the City's selection of an administrator by September 29, 1997,
STREETATE.NORTHSTREET
before the Community Housing Center can begin operations.
This is in response to your letter of August 13, 1997 regarding
REFERRED TO THE COMMITTEE ON COMMUNITY
the above mentioned subject. Please be advised that the
DEVELOPMENT, CORPORATION COUNSEL AND
Department of Public Works - Traffic Section has reviewed
DIVISION OF HOUSING AND URBAN DEVELOPMENT.
your concerns.
FROMTHECOMMISSIONEROFCOMMUNITY
An investigation by my department into the need for all-way
DEVELOPMENT
stop signs at the aforementioned location has yielded the
NO.37
following:
CERTIFICATEOFAPPOINTMENT-
1.) New York State Department of
DIRECTOROFIN-REM
Transportation Standards state that the
In accordance with the provisions of Section 441, of the
occurrence within a twelve (12) month
Charter of the City of Buffalo, I hereby transmit the following
period of five (5) or more reported
Certificate of Appointment;
accidents, would warrant the installation of
Pursuant to the powers vested in me under the provisions of
"multi-way stop" control. Our records
Section 273, of Charter of the City of Buffalo, I hereby certify
indicate that over the past 5 years, the
that I have appointed John Hannon as Director of In-Rem, in
accident history at this location
does not the Department of Community Development -
satisfy this warrant. Division of In-Rem effective August 29,1997. Mr. Hannon
It appears that the problem isn't stop signs or lack of such, but resides at 38 Turner Avenue, Buffalo, New York 14220.
speed limits and control. Therefore, by copy of this letter to Mr. Hannon is a licensed Real Estate Broker and has actively
Police Commissioner Kerlikowske, I am asking that his engaged in the sale, leasing, mortgaging and management of
department monitor and enforce speed limits in this area. real estate for the past 26 years. He is a former Legislative
Thank you for bringing this matter to our attention. Assistant to the Common Council, Assessor in the
REFERRED TO THE COMMITTEE ON LEGISLATION AND Department of Assessment and Assistant Director of Real
COMMISSIONER OF POLICE. Estate in the Department of Audit and Control. He was
FROMTHECOMMISSIONEROFPOLICE appointed in 1991 as Director of Real Estate by Comptroller
NO.35 Joel A. Giambra. As Director of Real Estate his duties and
"R.HENDERSHOT&O-COMPLAINT- responsibilities involved the acquisition management and
MUSIC-NOISE-652S.OGDENST." disposition of the City's real property assets. Mr. Hannon's
ITEMNO.119,CCP,9/2/97 education and real estate experience qualify him for the
This complaint has been referred to A-District position of Director of In-Rem with the Department of
Inspector Bill Mullen. He has asked his personnel to monitor Community Development.
the situation and issue a summons if necessary. I hereby certify that Mr. Hannon is fully qualified to fill the
REFERRED TO THE COMMITTEE ON LEGISLATION position of Director of In-Rem.
RECEIVED AND FILED
FROMTHECORPORATIONCOUNSEL NO.38
NO.36 MONTHLYREPORTOFLICENSESISSUED
IMPLEMENTATIONOFCOMER INJUNEANDJULY1997
SETTLEMENT:COMMUNITYHOUSING I am respectfully submitting the enclosed report of licenses
CENTERADMINISTRATOR issued in the months of June and July 1997 by the Division of
ITEMNO.72,C.C.P.,9/3/96 Inspections, Licenses and Permits.
Pursuant to the terms of the Consent Decrees (in RECEIVED AND FILED
Comer
NO.39
particular, the Section 8 Decree 30) and the Request for
JUNE1997OFFICESPACEINVENTORY]
Proposals (written by the United States Department of Housing
Attached hereto, for your information, is an annual
and Urban Development issued thereunder for selection of the
update of the City of Buffalo's study of downtown office
not for profit corporation or group of corporations to administer
occupancy rates prepared by the Division of Planning's
and operate the Community Housing Center, the City published
Analysis Section, entitled, "Inventory & Analysis of Office
the Request for Proposals and solicited applicants on a
Space in the City of Buffalo Central Business District from
nationwide basis. In addition to notices announcing the
1982 through 1996", dated June 1997.
Request for Proposals published in the Buffalo News, The
If you should have any further questions, please do not
Challenger and (a publication of
the Commerce Business Daily
hesitate to contact Mr. Gary Witulski, Economic Market
the United States Department of Commerce and the
Analyst, Division of Planning, 901 City Hall, ext. 4272.
Government Printing Office), over thirty notice letters inviting
REFERRED TO THE COMMITTEE ON FINANCE
applications were sent to potentially interested parties identified
NO.40
by HUD.
PERMISSIONTOHIREENGINEER
At the close of the application period, the City
EXCHANGESTREETRECONSTRUCTION
obtained four applications from the following entities
The 97-98 City of Buffalo Capital Improvements
(alphabetical order):
Budget has allocated $2,000,000 for the Reconstruction of
Buffalo Urban League, Inc.
Exchange Street from Louisiana to Van Rennselaer. It is
Citizens Community Development Corp. and
proposed to commence and complete this roadway project
Citizens’ Alliance, Inc. (Joint application);
during the 1998 construction season.
Housing Assistance Center of Niagara Frontier, Inc.,
I therefore, respectfully request permission to work
and Community Action
with the Department of Public Works to hire an engineering
Organization of Erie County joint application); and
consultant to prepare plans and specifications and to receive
H.O.M.E., Inc., and Rental Assistance Corporation
bids for the Reconstruction of Exchange Street from Louisiana
joint application).
to Van Rennselaer.
The Department of Community Development,
Funds for this street reconstruction, which will
Division of Neighborhoods, with the Law Department formed an
enhance development opportunity in the South Ellicott Urban
ad hoc committee to review and evaluate these applications
Renewal Area Phase II, will be available in a Capital Project
under the criteria and point system stated by HUD in the
Account in the Division of Development.
Request for Proposals. The committee conducted interviews
Mrs. LoTempio moved:
of representatives of the applicants. The committee then made
That the above communication from the Commissioner
its recommendation to the Commissioner of Community
of Community Development dated September 8, 1997, be
Development and the Mayor as to the applicant that the City
received and filed; and
should select, based upon the highest scoring applicant. The
That the Commissioner of Community Development
committee recommended that H.O.M.E., Inc. and Rental
be, and he hereby is authorized to hire an engineering
Assistance Corp. be selected based on that applicant group's
consultant to prepare plans and specifications and to receive
score. The Commissioner and the Mayor agreed with that
bids for the Reconstruction of Exchange Street from Louisiana $6,068 instead of $1,068, as more fully described in the above
to Van Rennselaer. Funds for this project will be available in a communication and increase the contract amount to a total of
Capital Project Account in the Division of Development. $151,368 for G.B.H. Paving, for bids relating to Riverside Park
PASSED, AYES - 12 NOES - 0 Tennis & Basketball Court Reconstruction.
NO.41 PASSED.
BIDS-KINGSLEYPLAYGROUNDIMPROVEMENTS AYES - 12 NOES - 0
I hereby request permission to take bids for the NO.44
above project; and have asked for and received the following DELILICENSINGORD"
bids for Kingsley Playground improvements on September 10, ITEM#48,C.C.P.7/22/97
1997. In response to Item #48, C.C.P. 7/22/97, the "Deli Licensing
COMPANY BID ordinance", with many details yet to be worked out, would seem
Gleason's Nursery $80,376 to strengthen the City's ability in regulating delicatessens and
North Boston Construction $92,032 other businesses. The City of Buffalo must also establish a
Chesley Corporation $93,000 process by which businesses who fail to come into compliance
Summitt Construction $98,300 with city ordinances can be closed. The Division of Licenses
I hereby certify that the foregoing is a true & correct has requested the Law Department's assistance in establishing
statement of the bids received. We are accepting the low base such a process.
bid of $80,376. Therefore, Gleason's Nursery, 4780 Sheridan REFERRED TO THE COMMITTEE ON LEGISLATION
Drive, Williamsville, New York 14221 is the lowest responsible NO.45
bidder in accordance with the plans & specifications: ORD.AMEND.-LIVEMUSIC
I recommend that Your Honorable Body authorize ITEM#179,C.C.P.6/24/97
the City to order the work on the basis of the low bid. Funds for In response to Item #179, C.C.P. 6/24/97, "Ordinance
this work are available in Bond Fund Account 200-717-083. Amendment-Live Music” it would seem appropriate as the the
Mrs LoTempio moved: present licensing ordinance concerning music is vague, and
That the above communication from the Commissioner of therefore can be open to differing interpretations. This office
Community Development dated September 10, 1997, be would recommend the separation of live music from that of
received and filed; and jukebox music.
That the Commissioner of Community Development It would be my recommendation that a jukebox (mechanical
be, and he hereby is authorized to award a contract for device) music license need police and zoning approvals. The
Kingsley Playground Improvements, to Gleason's Nursery, the present licensing fee of $52.50 would be appropriate as this
lowest responsible bidder in the amount of $80,376.00, with would be the lowest grade of music licensing.
said cost to be charged to the Bond Fund Account 200-717-It would be my recommendation that live music (no dancing)
083. license be inclusive of jukebox music and need police, zoning
PASSED. and common council approvals. A licensing fee of $105.00
AYES - 12 NOES - 0 would seem an appropriate fee as this license would be of a
NO.42 higher grade than that of a jukebox music license.
CAZENOVIAPARKPATHWAYS REFERRED TO THE COMMITTEE ON LEGISLATION
CHANGEORDERNO.1 NO.46
ITEM#216,CCP,7/22/97 FINALDRAFT:HOUSINGSTRATEGYANDPOLICIES.
I hereby request permission to issue a change order "ASTRATEGYTOFORGEANEWBUFFALO:THECITY
for the above project in the amount of $6784.50 to cover work OFBUFFALO'S1997/98CONSOLIDATEDPLAN."
unforeseen at the time of the bid. The Department of Community Development has joined with
This job involved the installation of new park pathways, the City's leading housing experts, representatives from the
and the renovation of existing paths and parking areas. Based Common Council, community-based neighborhood housing
on the request of the Department of Human Services, Parks & organizations, developers, lawyers and citizens to develop a
Recreation we added additional patch and reconstruction work Housing Advisory Committee. This Committee has met on a
to the parking lot adjacent to the pool building and to regular basis over the past year to draft a comprehensive
miscellaneous park paths. strategy on housing and neighborhood revitalization. This plan
This change order will increase the total contract with is offered as the City's first attempt to bring all constituents to
American Paving, 5880 Thompson Road, Clarence Center, the table to assemble a comprehensive housing strategy for the
New York 14032, to $150,754.50. City of Buffalo.
I recommend that Your Honorable Body authorize the A key component of the Housing Strategy includes
City to increase the contract in the amount shown above. designating neighborhoods as "Homeownership Priority
Funds for this work are available in Bond Fund Accounts 200-Areas". This strategy calls for designating targeted
601-039 and 201-717-003. neighborhoods as "Neighborhood Revitalization Strategy
Mrs. LoTempio moved: Areas" with incentives for middle income potential home
That the above communication from the buyers. The strategy also includes a number of reforms to
Commissioner of Community Development dated September 9, improve and expedite the demolition of slum properties, the
1997, be received and filed; and establishment of a "Home Store", and a plan for housing in
That the Commissioner of Community Development downtown Buffalo.
be, and he hereby is authorized to issue change order No. 1, to
American Paving, an increase in the amount of $6,734.50, as Presented herewith are the following documents:
more fully described in the above communication, for work 1. Final Draft: Housing Strategy and Policies
relating to the Cazenovia Park Pathways. Funds for this REFERRED TO THE COMMITTEE ON COMMUNITY
project are to be charged to Bond Fund Accounts 200-601-039 DEVELOPMENT AND COMMISSIONER OF COMMUNITY
and 201-717-003. DEVELOPMENT.
PASSED.
AYES - 12 NOES - 0 FROM THE COMMISSIONER OF STREET SANITATION
NO.43 NO.47
RIVERSIDEPARKTENNIS&BASKETBALL EDWARDKANIA
COURTRECONSTRUCTION DIFFERENCEINPAY
CORRECTIONOFERROR Mr. Edward Kania, a Streetworker in the Street
I hereby request permission of Your Honorable Body Sanitation Department was on workers' compensation from
to amend and correct item 62, CCP July 8, 1997, report of bids 04/09/97 to 08/04/97. Pursuant to the City Ordinance, Chapter
for Riverpark Tennis & Basketball Court Reconstruction. Due 35, Article VI, Sec. 22, each employee is entitled to a difference
to a clerical error add alternate I was reported as $1068 and it in pay allowance under the provisions of the Workers'
should have read $6068. Compensation Law.
We are requesting permission to correct this error by Therefore, Mr. Kania is entitled to a difference in pay.
increasing the contract amount by $5000. Bringing the total The normal salary for 10 days - $1,038.90. Less deductions for
contract amount to $151,368, for G.B.H. Paving. Funds for NYSTATE - $48.28; FEDERAL - $136.00; FICA-MED $79.48
this work are available in Bond Fund 200-717-012. and NY State Retirement - $31.17 for a total of $294.93 for
Mrs. LoTempio moved: deductions. Less payment from Compensation Carrier in the
That the above communication from the Commissioner amount of $537.44 for the period from 04/14/97 to 04/17/97
of Community Development dated September 9, 1997, be equals $82.56 for four (4) days. Less payment from
received and filed; and Compensation Carrier in the amount of $460.68 for the period
That the Commissioner of Community Development from 05/01/97 to 08/04/97 equals $1,898.11 for 67 days. Total
be, and he hereby is authorized to correct his records to read difference in pay due $1,980.67.
Employee returned to work August 4, 1997. vendor and has been requested to submit responses to RFQ's.
Mrs. LoTempio moved: However, Municipal Law mandates that the "Lowest
That the above communication from the Commissioner of Responsible Bidder" be selected in all cases. The Purchase
Street Sanitation dated September 8, 1997, be received and Division is in full compliance with this section of Municipal Law
filed; and that is also mirrored in our City Charter, Article 13-A, Sec.
That the Comptroller be, and he hereby is authorized to pay 265.7 i.e. we do not give preference to vendors who have
Edward Kania, a Streetworker in the Street Sanitation donated services or that reside in the City of Buffalo.
Department the amount of $1,980.67 for difference in pay. If the Council proposes changes in the Charter to provide
PASSED. preferences for City owned and minority/women businesses I
AYES - 12 NOES - 0 would be in full support of such changes.
REFERRED TO THE COMMITTEE ON FINANCE
FROMTHECOMMISSIONEROFADMINISTRATIONAND
FINANCE FROMTHECITYCLERK
NO.48 NO.53
"LEASEAGREEMENT-IMPOUNDGARAGE-189LIQUORLICENSEAPPLICATIONS
TONAWANDA" Attached hereto are communications from persons applying for
ITEMNO.47,C.C.P.9/2/97 liquor licenses from the Erie County Alcohol Beverage Control
The proposed lease extension that you referred to me has been Board.
negotiated by the Law Department with my involvement. We Address Business Name Owner's Name
have sent it to your Honorable Body for approval and would 1134 Kensington T.L.S. Dev. Inc. M. Iacono & P. Tabone
request that you do so as quickly as possible. If you have 27 Masten Ave. Masten St. Armory Bruce L GodFryd
specific questions, I would be happy to answer them. RECEIVED AND FILED
I trust this answers your question. NO.54
REFERRED TO THE COMMITTEE ON FINANCE LEAVESOFABSENCEWITHOUTPAY
NO.49 I transmit herewith notifications received by me, reporting the
"R.HENDERSHOT&O-COMPLAINT-MUSICNOISE-652 granting of the leaves of absence
S.OGDEN without pay, in the various departments as listed:
ITEMNO.119,C.C.P.9/2/97 Police- Vanessa Rowe, Lynn Parker, Gerald Belton, Karyn
I am not sure why this item was referred to me. Ordinarily, Connolly, Terry L. Abram, Jr.;
noise ordinance enforcement is handled by the Police Fire- Christian Krawczyk
Department. Should your Honorable Body have specific Human Services, Parks/Recreation- Joseph Falzone
questions about it, I would be happy to answer them. RECEIVED AND FILED.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON LEGISLATION NO.55
NO.50 NOTICESOFAPPOINTMENTS-COUNCILINTERNS
FAMILYANDMEDICALLEAVEACT I transmit herewith appointments to the position of Council
ITEMNO.,134,C.C.P.SEPTEMBER2,1997 Intern.
This letter is in response to your request from the September 2, Mrs. LoTempio moved the approval of the appointments to the
1997, Common Council meeting: position of Council Intern.,
According to the Federal Register /vol. 60, No. 4/Friday, ADOPTED.
January 6, 1995/Rules and Regulations, an employee giving Appointment Effective: September 8, 1997 in the Department
notice of the need for unpaid FMLA leave does not need to of Common Council Division of to the Position of Intern V, :
expressly assert fights under the Act or even mention the Seasonal, at the Flat Starting Salary of: $ 8.00 per hr.
FMLA to meet his or her obligation to provide such notice. Janet Chimera, 118 Rebecca Park, Buffalo, NY 14207
Once the employer has acquired the knowledge that the leave NO.56
is being taken for an FMLA required reason (birth or placement APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&
of a child, serious health condition that makes the employee EMPLOYMENT
unable to perform the essential functions of the job, or serious I transmit herewith appointments made in the Mayor's Youth
health condition effecting spouse, child, or parent), the Opportunities and Employments Programs.
employer must promptly notify the employee that the leave will RECEIVED AND FILED.
be counted as FMLA leave. Appointment Effective: September 2, 1997
Workman's compensation meets the definition of, "a serious in the Department of Mayor's Office Division of Youth
health condition that makes the employee unable to perform the Opportunity & Intern Program, to the Position of Intern IV
essential functions of the job." As a result, since 1995, through Temporary, at the: Fiat Starting Salary of: $ 6. 00
our workman's compensation carrier, Allied Claim Services, Jacob Young, 616 Cumberland , Buffalo, NY 14220
Inc., the City of Buffalo has been uniformly notifying all of its NO.57
employees that file for compensation, that they are concurrently NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
(i.e. simultaneously) counting the time off from work against the I transmit herewith certificates received by me, reporting
employee's 12 week total FMLA leave entitlement. According seasonal and flat salary appointments made in various
to the Rules and Regulations, in all circumstances, it is the departments.
employer's responsibility to designate leave, paid or unpaid, as RECEIVED AND FILED.
FMLA-qualifying, and to give notice of the designation to the DEPARTMENTOFSTREETSANITATION
employee. Appointment effective 9/2/97 in the Department of Street
If you have any questions, you can contact, Brian Stocker, at Sanitation to the position of Laborer II, Seasonal
4270. at the starting salary of $ 6.92
Eschborn, Clyde, 142 Roesch St.,Buffalo, NY 14207
FROMTHECOMMISSIONEROFHUMANSERVICES,DEPARTMENTOFHUMANSERVICES,PARKS&
PARKSANDRECREATION RECREATION
NO.51 Appointment Effective September 8,1997
NORTHBUFFALOICERINK in the Department of Human Services, Division of Recreation,
ITEM#6,C.C.P.SEPTEMBER2,1997 to the position of Laborer II, Seasonal
The operation and management of the North at the Flat starting salary of $ 6.92
Buffalo Ice Rink falls under the auspices of the North Vincent McCarthy, 274 Hartwell, Buffalo 14216
Buffalo Community Development Corporation. Appointment Effective September 8,1997
The issue of overlapping time (staffing) is under in the Department of Human Services, Division of Recreation,
review by the Law Department, Human Services, Parks & to the position of Supervising lifeguard, Seasonal at the Flat
Recreation Department and Labor Relations. starting salary of $ 5.98
REFERRED TO THE COMMITTEE ON LEGISLATION Steven Alvarez, 591 South Legion, Buffalo 14220
Regina Barrett, 65 Riverview Place, Buffalo 14210
FROMTHECOMMISSIONEROFGENERALSERVICES John Fracos, 21 Peoria, Buffalo 14207
NO.52 Juan Feliciano, 34 Dewitt, Buffalo 14213
PURCHASINGPRACTICES-ABCRENTAL,INC. Appointment Effective September 5,1997
ITEMNO.88,C.C.P.09/02/97 in the Department of Human Services, Division of Recreation,
The Division of Purchase is charged with fostering competition to the position of Lifeguard, Seasonal at the Flat starting
thereby acquiring goods and services at a nominal cost to the salary of $ 5.20
City. We achieve this objective by soliciting as many vendors Kristy Ernest, 70 Ashley, Buffalo 14212
as possible for the given commodity. ABC Hardware is a listed Jamie Gabamonte, 139 Kamper, Buffalo 14210
Melissa Mule, 47 Marine Drive, Buffalo 14204 Mrs. LoTempio moved:
Kevin Murphy, 21 Turner, Buffalo 14220 That the above communication from the Allentown
Rebecca Nieves, 239 15th Street, Buffalo 14213 Association Inc., dated September 4, 1997, be received and
Shannon Oconnor, 1432 Bailey, Buffalo 14206 filed; and
Nicole Schollard, 36 Alsace, Buffalo 14220 That the Allentown Association is granted
Appointment Effective September 8,1997 permission to hang a banner across Delaware Avenue or
in the Department of Human Services, Division of Recreation, Elmwood Avenue on September 28, 1997; with conditions as
to the position of Lifeguard, Seasonal at the Flat starting set by the Department of Public Works.
salary of $ 5.20 PASSED.
James Wojcik, 152 East, Buffalo 14207 AYES - 12 NOES - 0
Stephen Zipp, 220 Columbus, Buffalo 14220 NO.60
Appointment Effective September 8,1997 BCTV
in the Department of Human Services, Division of Recreation, PROGRESSREPORT-EXTENSIONOFCONTRACT
to the position of Fee Collector, Seasonal at the Flat starting We the Emergency Management Team, along with the Board
salary of $ 4.94 of Directors have worked tirelessly to keep public access on the
MaryAnn Burvid, 128 Sheffield, Buffalo 14220 air. It has been a unified effort with a full volunteer staff
Sue Cannan, 178 Fenton, Buffalo 14206 Following are items to update you of the current conditions and
Eileen Doyle, 35 Sheffield, Buffalo 14220 progress of BCTV. It is our hope that with the listed changes,
Cheryl Murphy, 21 Turner, Buffalo 14220 enhancements and effort that we will receive a positive
DEPARTMENTOFGENERALSERVICES consideration for at least 6 months of funding immediately.
Appointment Effective September 2, 1997 This funding is desperately needed.
in the Department of General Services Division of Inventory & The Board organized a management team to oversee the
Stores, to The Position of Laborer II operations of BCTV until ail Executive Director has been
Seasonal, at the Flat Starting Salary of $ 6.92 hired.
Garrett Buchnowski, 777 Amherst St, Buffalo, NY 14216 Formulated, with the auditors assistance, and completed
NO.58 a Financial Policy and Procedures Manual. This manual
APPOINTMENTS-TEMPORARY,PROVISIONALORtakes into consideration the recommendations by the
PERMANENT auditor and corrects suggested items. It will further help
I transmit herewith Appointments in the various to safeguard the organization from theft as it has
departments made at the Minimum (Temporary, Provisional or experienced in the past-
Permanent) and for Appointments at the Maximum (as per Contacted all known creditors to receive an actual
contract requirements) . balance on all accounts. A meeting, will be requested
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. with the Comptrollers Office to work out a balance
DEPARTMENTOFPOLICE statement.
Appointment Effective September 2, 1997 in the Department Learned from review of the last known lease agreement
of: Police, to the Position of.- Report Technician that we are not $90,000 in arrears with TCI, as
Contingent Permanent, at the: Minimum previously reported A more accurate amount of
Starting Salary of: $ 23,705 approximately, $50.00 as per last written agreement.
Sara R. Buscaglia, 309 North Park, Buffalo, NY 14216 We have filed a claim with our insurance carrier for
Appointment Effective: September 2, 1997 in the Department $25,000. This is the amount covered the employee theft.
of: Police, to the Position of: Crime Analyst We have received verbal communication from our
Temporary, at the Minimum Starting Salary of: $ 33,362 insurance company that they would he interested in
Deborah A. Osborne, 157 Ridgewood ,Buffalo, NY 14220 offering a performance bond, if required.
Appointment Effective: September 10, 1997 in the The members of the board have cooperated fully with the
Department of: Police, to the Position of: Crossing Guard, District Attorney's probe into the embezzlement and theft
Temporary at the minimum salary of $6.09 of the board funds.
Deborah A. Salvati, 3S8 Herkimer St., Buffalo, NY 14213 It is my hope that you can see the great deal of effort that we
DEPARTMENTOFCOMMUNITYDEPARTMENT are putting forth to continue serving the public through public
Appointment Effective September 15, 1997 in the department access television. As I stated in the CATV Committee
of Community Development, Division of In-Rem, to the meeting, this board is made up of community volunteers. Our
Position of Marketing Manager vocations range from lawyers, television promoter, pastors and
Permanent, at the Minimum starting salary of $37,255. community activists, We are committed to public access and
Mr. John Lynch, 334 Taunton Pl., Buffalo, NY 14216 desire that the Council will allow for at least a 6 month
DEPARTMENTOFADMINISTRATION&FINANCE extension of our contract.
Appointment Effective: September 8, 1997, in the Department Six months will allow us time to do several things: 1) Complete
of Administration and Finance, Division of Parking our work with the District Attorneys office. 2) Continue to work
Enforcement, to the Position of Parking Enforcement Officer, with our insurance company to recapture a great amount of the
Temporary, at the: Minimum stolen funds. 3) Prove to this Council and the City of Buffalo
Starting Salary of: $23,028 that this board, which was the victim of theft, can and will
Lonny J. Laska, 15 Wex Avenue, Buffalo 14211 rebound and make public access better than it has ever been in
DEPARTMENTOFHUMANSERVICES,PARKS&the City of Buffalo.
RECREATION If we are not able to rebound, to the satisfaction of this
Appointment Effective September 11,1997 in the department of honorable body, we will gladly help to turn the reigns of control
human services, division of Parks to the position of City over to an agency of your choosing.
Forester, Permanent at the minimum starting salary of $38,084 REFERRED TO THE SPECIAL COMMITTEE ON
Peter Pasnik, 187 Pleasant Avenue, Hamburg 14075 TELECOMMUNICATIONS.
NO.61
NON-OFFICIALCOMMUNICATIONS,PETITIONSANDF.BEARD
REMONSTRANCES REQ.PUBLICHEARING-RENTALASSISTANCE&
NON-OFFICIALCOMMUNICATIONS HSG.OPPORTUNITIESMADEEQUALBECOMING
NO.59 COMMUNITYHOUSINGCENTER
REQUESTFORPERMISSIONTOHANGBANNER
I, Felicia R. Beard, Director of Citizens' Alliance, request a
The Allentown Association hereby requests permission to hang public hearing before Council makes a decision on the
a banner across Delaware Avenue or Elmwood Avenue in order recommendation proposed by Commissioner Alan DeLisle and
to promote two community-wide events which the Association Mayor Masiello in regards to Rental Assistance Center and
will sponsor .. our Tour of Historic Homes and Taste of Housing Opportunities Made Equal becoming a Community
Allentown on September 28th, and the "Allentown Alive" Expo Housing Center.
on October 19th. REFERRED TO THE COMMITTEE ON COMMUNITY
Since the first event is only 3 weeks away, we will need the DEVELOPMENT
Common Council's approval by no later than their next regularly NO.62
scheduled meeting on September 16th. Please be assured BNRC
that we will comply with all applicable requirements, i.e., as "AUDIT-REPORT-BUFFALONEIGHBORHOOD
outlined in Mr. Zern's communication of 9/3197 (copy REVITALIZATIONCORP"-
attached). Thanks for your cooperation and assistance. (#19,C.C.P.JULY8,1997)
Please contact our office if there is any question or need for The information attached is in response to the Common
additional information. Council item listed above.
For your general information, at the time of the HUD Inspector Professor Susan M. Davis from Buffalo State College.
General's audit in the Fall of 1996, only five (5) properties were One page Executive Summary from a study of the Living
2.
under rehab or sold.
Wage Law one year after it was enacted in Baltimore,
Those properties were:
Maryland.
· 45 Taft
3. List of Living Wage Campaign Co-Sponsors
· 366 Villa
REFERRED TO THE COMMITTEE ON LEGISLATION
438 Stockbridge
NO.64
· 56 Phyllis
J.LYNCH
144 Wecker
RESIGNATION-SENIORLEGISLATIVEASST.
Consequently, the findings and recommendations outlined in
COUNCILSTAFF
the audit are focused on those five (5) properties.
Please accept this letter as a formal notification of my
On December 13, 1996, Mayor Anthony M. Masiello took the
resignation as a Senior Legislative Assistant to the Common
following actions in response to the OIG's draft audit:
Council, effective on September 15, 1997.
1 . The program was suspended until a complete and
I leave with mixed emotions: I enjoyed and will miss the
thorough assessment was undertaken. This meant that
experience of working in the legislative branch of city
no additional properties were to be acquired, no new
government, however, I look forward to the opportunities and
203K mortgages were to be assumed, no bids would be
challenges the future holds.
allowed, no fees would be accepted and no new HOME
I appreciated your support during my service to the
funds expended, except for the rehabilitation projects
Council and hope that your future holds good fortune.
currently under construction and conforming with
Thank you for the experience.
guidelines and requirements.
RECEIVED AND FILED.
2. A new management structure was put into place. The
NO.65
C.P.R. program manager reported directly to me, my
TCI
staff conducted a review of all construction activities and
FRANCHISECOMMITMENT-
the B.N.R.C. Treasurer, with assistance from Financial
CCP#102-9/2/97
Control of Agencies (F.C.A.), conducted a financial
TCI maintains that it is in substantial compliance with
review of the program.
its obligations under the 1995 Franchise Agreement with the
3. The B.N.R.C. board directed all staff to return all
City of Buffalo, as explained in some detail in our previous
inspection fee checks and meetings were held to brief
communications and specifically in our letter of August 7 to Mr.
the B.N.R.C. board and Common Council regarding
Michaux, the City Clerk. This week, I received your letter of
what program reforms were being instituted.
August 26, which stated your claim that the penalty provisions
4. Program objectives, policies, and personnel were
of section 29 of the 1995 Agreement should now be considered
reviewed, as well as, existing bidding procedures.
applicable, and we contest your claim of non-compliance. We
5 All files were reviewed for proper documentation.
.appreciate your concern with TCl's commitment to invest in the
6. New management and programmatic measures were improvement of its cable system facilities. However, it remains
explored and a forward looking strategy was developed. our consistent position that TCI is committed to fulfilling its
More detailed accounts of the six (6) actions listed above were franchise obligations and that our investment in digital video
addressed in B.N.R.C.'s twenty-seven (27) page audit technology exhibits our good faith in these particular areas of
response, that also included seventeen (17) exhibits. operation. We have presented comprehensive responses to
Since December 13, 1996, I have been responsible for the you and the City several times during the past year, consistent
oversight of the C.P.R. program and as the new President of with the expectations under the Franchise Agreement. Our
B.N.R.C., I am submitting the following information that was communications with the City on December 31, 1996, January
requested by your honorable body: 24, January 31, February 28, and as recently as August 7,
• A list of all contractors the C.P.R. Program has 1997, show TCl's clear efforts to keep the City up to date on
contracted for rehabilitation work both during the term our plans, as anticipated in the franchise renewal negotiations.
covered by the HUD audit and at present, We have repeatedly expressed our willingness to meet with
• A list of all clients served by the C.P.R. program both appropriate City officials to discuss these issues and plans in a
during the term covered by the HUD audit and at present, constructive context. Any action now to make claim under the
• A list of B.N.R.C. staff and salaries both during the term security or penalty provisions of the Agreement seems entirely
covered by -the H.U.D. audit and at present (NOTE: As of inappropriate, unjustified, and without merit or due process.
August 11, 1997, James Speciale is no longer employed We also ask you to appreciate that under the
by B.N.R.C. His position has been filled by Thomas provisions of the current Agreement, imposing penalties
Wilcox, who is directly responsible for the oversight and described in section 29 requires a clear finding by the City of a
supervision of the B.N.R.C. employees who work on the franchise violation, through formal action by the Common
C.P.R. Program). Council, without reasonable dispute. You will note that section
Presently, all program files are in order and our private auditor 32.1 of the Agreement requires the formal action of the
is completing B.N.R.C.'s annual audit. Our properties available Common Council. TCl should be afforded an opportunity for
for sale are five (5) and new policies and procedures have been due process review of its dispute by the Council before any
drafted, so that, the program can make a fresh start after the funds can be removed from the Security account now held in
sale of the five (5) remaining properties. trust. Moreover, section 28.5 of the Agreement prohibits any
Also, meetings have occurred with other non-profit invasion of this trust fund when there arises a judicial challenge
rehabilitation agencies/organizations, with discussions on of the City's finding of an alleged contract breach. We ask for
working together on future projects. Additionally, a meeting the City's help in avoiding such a formal judicial proceeding if
was held with a local 203K lender and we are making possible, and in finding alternative ways to resolve our
preparations to bid for a new lender. disagreements on the issues raised.
I am confident that we are very close to completing the TCI is proud to have demonstrated its commitment
obligations of the C.P.R. program and that a new program can to the installation of digital compression technology on the
be initiated in the near future. Buffalo cable system. Our willingness to deploy the latest
I believe that we are all in agreement that a rehabilitation available technical solutions to system improvements will result
program that provides first time home ownership opportunities in a cost effective increase in system transmission and channel
for low to moderate income buyers is an important component capacity to all cable households in the City that substantially
of all neighborhood revitalization plans. B.N.R.C., as well as, exceeds the 1995 expectations and could be implemented well
other nonprofits and area religious organizations can be leaders ahead of the schedule assumed in 1995.
in rehabilitating Buffalo's vacant homes and providing home We at TCl, our colleagues and associates, look
ownership opportunities for turning renters into homeowners. forward to working with the Common Council and other
I am available to discuss this matter or to provide any additional appropriate City officials, in addressing these complex issues
information that you may need. and in making sure that the people of Buffalo get the best
REFERRED TO THE COMMITTEE ON COMMUNITY possible service and cable transmission facilities in a cost
DEVELOPMENT effective manner. Moreover, I trust that such a review will
NO.63 resolve all doubts regarding the compliance of TCI with its
S.DAVIS franchise obligations.
LIVINGWAGE REFERRED TO THE SPECIAL COMMITTEE ON
#219,C.C.P.,JULY22,1997 TELECOMMUNICATIONS AND CORPORATION
Please file with the Common Council for consideration by the COUNSEL.
Legislation Committee the enclosed items relating to the Living NO.66
Wage: WELLNESSINSTITUTE
1 . Economic Analysis for a Buffalo Living Wage prepared by MASSACHUSETTSAVENUEPROJECT-
LEASEBLDG.-382MASSACHUSETTSAVE. NO.68
With this letter, the under the A.MORROW,SR.
Massachusetts A venue Project,
PROBLEM;WITHPORCH-228PINEST.
umbrella of the makes a
Wellness Institute of Greater Buffalo,
Thank you for your support in resolving the problem with my
formal request to lease the building at 382 Massachusetts
porch. I am sorry to advise you that I have not gotten any
Avenue from the City. As you know, plans are underway to
response from Mr. Penman's office since your letter to him.
establish a at this location.
Neighborhood Outreach Center
Please have your office follow-up this matter. If there are any
The financing is in place and the contracts for the construction
question please feel free to call me at 852-7291.
have been arranged. The Mission of the
Neighborhood
REFERRED TO THE COMMITTEE ON COMMUNITY
will be:
Outreach Center
DEVELOPMENT, THE CITY PLANNING BOARD AND THE
To develop an integrated collaborative system of
CORPORATION COUNSEL.
prevention and intervention services for families and
PETITIONS
residents of all ages which is effective in improving
and maximizing the families experiences in the
NO.69
Massachusetts Avenue Project neighborhood and
Paul L. Desiderio, petition to Rezone 1969-1971-1973
betters a family's physical, social, emotional and
Broadway from R-2 to CM district for farm market with flowers
economic well-being.
and Christmas trees.
will combine the
The Neighborhood Outreach Center
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
sponsorship of existing family-support services on site with
CITY PLANNING BOARD AND THE COMMISSIONER OF
community-building efforts that support the creation, growth
COMMUNITY DEVELOPMENT.
and coordination of block clubs in the neighborhood. The
Center will also sponsor senior citizen programs, housing and
NO.70
home-ownership education and support services, a program of
Lutheran Church Home, owner, petition to use 217 E. Delavan
food for families in need and community policing programs
for a 1 story addition and deck to rear of 66 room elderly person
such as the Explorers and VIABLE training.
home.
(MAP) has been working
The Massachusetts Avenue Project
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
on the revitalization of the neighborhood since 1992. During
CITY PLANNING BOARD AND THE COMMISSIONER OF
that time, MAP has developed strong working relationship with
COMMUNITY DEVELOPMENT.
such groups as the
Wellness Institute; Butler-Mitchell Boys
the 19'h Street, 18'b Street and Massachusetts
and Girls Club;
NO.71
block clubs; various City, County and State representatives-
D. LaRosa and Others-Oppose Tattoo Shop at 2344 Seneca
West Side Neighborhood Housing Services; Buffalo State
St.
College; Buffalo Community Police Officers; and other
RECEIVED AND FILED.
community institutions. MAP organized construction of a
55,000 square foot, community-built playground in 1994 and
NO.72
participated in the competition that same year;
AllAmerica City
Leonard Wizz & 0 - Request Traffic Signal at the Comer of
conducted an extensive needs survey with 260 target area
Doat and May Streets.
heads of households in 1995, using students in the Sociology
REFERRED TO THE COMMITTEE ON LEGISLATION AND
Department of Buffalo State College as interviewers sponsored
COMMISSIONER OF PUBLIC WORKS.
the participation of children in the competition,
Buffalo-in-Bloom
which they won in 1996; and regularly participates in the
Glad-
REGULARCOMMITTEES
clean up, as part of our beautification efforts.
Bag-a-Thon
We propose to lease the building for $1 per year, with the City
COMMITTEEONCIVILSERVICE
taking responsibility for the cost of utilities and major
HON.DAVIDCZAJKA
maintenance. We would take responsibility for liability
CHAIRMAN
insurance, minor maintenance and the control of access to the
building.
NO.73
REFERRED TO THE COMMITTEE ON LEGISLATION.
RESIDENCYREQ.ENFORCEMENTEMPLOYEES-DIV.OF
CORPORATION COUNSEL, COMPTROLLER AND
WATER
COMMISSIONER OF ASSESSMENT.
(ITEM#135CCPMAY13,1997)
NO.67
That the above mentioned Item be and the same is hereby
SOLIDGROUNDS
received and filed.
HANGBANNER-BRYANT/ELMWOOD
ADOPTED.
As you are no doubt aware, two years ago, a young lady, Amy
Jo Kutzbach passed away from complications due to AIDS.
NO.74
She was an incredibly gifted, bright person with incredible
RESIDENCYREQ.ENFORCEMENTEMPLOYEES-DIV.
insight and inspiration. I can say without any hesitation that
OFWATER
she affected many young people's lives. In honor of Amy Jo's
(ITEM#77CCPJULY8,1997)
efforts, Solid Grounds, Best Coffee in the City is orchestrating
That the above mentioned Item be and the same is hereby
together with Children's Hospital the third annual COFFEE
received and filed.
JAM. This will be a full-blown bandstand outside of Solid
ADOPTED.
Grounds on Elmwood Avenue. Both 103.3 The Edge and
CHANNEL 7 are media sponsors for the event. ALL monies
NO.75
from ALL coffee, espresso and related drinks will go to The
LOCAL650RESIDENCYREQUIREMENTS
PACT (Parents and Children Together)program. This clinic is
(ITEM#103CCPJULY22,1997)
an arm of the hospital and treats children infected with the
That the above mentioned Item be and the same is hereby
AIDS virus. The clinic is in great demand for help in the way of
received and filed.
*donations and money. Many of these children can go to
ADOPTED.
summer camp, the circus, movies, and a great many other
events which the rest of take for granted. The clinic is run by
NO.76
Babbette Sullivan, another incredibly inspirational
PBA-OPP.CITYRESIDENCYREQUIREMENT
woman whom I recently have had the pleasure of meeting. The
(ITEM#106CCPJULY22,1997)
event will take place on Friday, September 26th. In the
That the above mentioned Item be and the same is hereby
past,Sam Hoyt, Barbara Kavanaugh, and David Granville have
received and filed.
been instrumental in helping us put the event together. We are
ADOPTED.
requesting permission to hang a regulation banner between
Solid Grounds and the Bryant/Elmwood corner adjacent to Rite
NO.77
Aid. Please feel free to contact me at 882-5282 (Solid
SENIORITYRIGHTSBURAEMPLOYEES
Grounds) or 835-2217. I thank you in advance.
(ITEM#178CCPAPRIL1,1997)
Mrs. LoTempio moved:
That the above mentioned Item be and the same is hereby
That the above communication from Solid Grounds,
received and filed.
dated September 5, 1997, be received and filed; and
ADOPTED.
That Solid Grounds is granted permission to hang a
banner between Solid Grounds and the Bryant/Elmwood comer
NO.78
adjacent to Rite Aid on September 26, 1997; with conditions as
SENIORITYRIGHTS-BURAEMPL.(CSC)
set by the Department of Public Works.
(ITEM#83CCPJULY22,1997)
PASSED.
That the above mentioned Item be and the same is hereby
AYES - 12 NOES - 0
received and filed. received and filed.
ADOPTED. ADOPTED.
NO.79 NO.89
SENIORITYRIGHTS-BURAEMPLOYEES(A&F) APPOINTMENT
(ITEM#76CCPSEPTEMBER2,1997) SENIOROPERATIONSCOMMUNICATIONS
That the above mentioned Item be and the same is hereby COORDINATOR
received and filed. That Communication 10, September
ADOPTED. 2, 1997 be received and filed and the Provisional appointment
of Mark Colern stated above at the Fourth Step salary
NO.80 $32,130.00 effective on July 8, 1997 is hereby approved.
APPT.ASSOC.ACCT.(MAX)(COMPT) PASSED.
(ITEM#16CCPJULY8,1997) AYES-12. NOES-0.
That the above mentioned Item be and the same is hereby NO.90
received and filed. APPOINTMENT
ADOPTED. ASSESSMENTCLERK
NO.81 That Communication 17, September
APPOINTMENT 2, 1997 be received and filed and the Permanent appointment
BUILDINGSUPERINTENDENT of Eric D. Herndon stated above at the Intermediate salary
That Communication 46, July 8, 1997 $24,830.00 effective on August 20, 1997 is hereby approved.
be received and filed and the appointment of Richard A. Sacco PASSED.
stated above at the Intermediate salary $42,024.00 effective on AYES-12. NOES-0.
July 1, 1997 is hereby approved.
PASSED. NO.91
AYES-12. NOES-0. APPOINTMENT
ACCOUNTCLERK
NO.82 That Communication 18, September
INFO.-APPT.BLDG.SUPER.(CSC) 2, 1997 be received and filed and the Permanent appointment
(ITEM#84CCPJULY22,1997) of Robert W. Schmarder stated above at the Permanent salary
That the above mentioned Item be and the same is hereby $25,495.00 effective on August 1, 1997 is hereby approved.
received and filed. PASSED.
ADOPTED. AYES-12. NOES-0.
NO.83 NO.92
APPOINTMENT APPOINTMENT
ENGINEERINGINSPECTOR REALPROPERTYAPPRAISER
That Communication 34, July 22, That Communication 19, September
1997 be received and filed and the Temporary appointment of 2, 1997 be received and filed and the Permanent appointment
William Moss stated above at the Intermediate salary of Ann Marie R. LoFaso stated above at the Maximum salary
$34,636.00 effective on July 14, 1997 is hereby approved. $37,313.00 effective on August 20, 1997 is hereby approved.
PASSED. PASSED.
AYES-12. NOES-0. AYES-12. NOES-0.
NO.84 NO.93
APPOINTMENT APPOINTMENT
REPORTTECHNICIANS SENIORENGINEER(MECHANICAL)
That Communication 41, July 22, That Communication 41, September
1997 be received and filed and the Contingent appointment of 2, 1997 be received and filed and the Intermediate appointment
Hedwig Gross, Deborah Mikolajewski, Rachelle L. LeVesque of John J. Todaro stated above at the Intermediate salary
stated above at the Intermediate salary $23,414.00 effective on $43,185.00 effective on July 22, 1997 is hereby approved.
June 30, 1997 is hereby approved. PASSED
PASSED. AYES-12. NOES-0.
AYES-12. NOES-0.
NO.94
NO.85 APPOINTMENT
APPOINTMENT COUNSELORIII
REPORTTECHNICIAN That Communication 79, September 2,
That Communication 42, July 22, 1997 be received and filed and the Permanent appointment of
1997 be received and filed and the Permanent appointment of Frances Eugene Profitka stated above at the Maximum salary
Charlene E. Scherer stated above at the Maximum salary $29,982.00 effective on August 21, 1997 is hereby approved.
$25,326.00 effective on June 30, 1997 is hereby approved. PASSED.
PASSED. AYES-12. NOES-0.
AYES-12. NOES-0.
NO.95
NO.86 SALARYORDINANCEAMENDMENT
MEMORANDUMOFAGREEMENT- 50-DEPARTMENTOFHUMANSERVICES,PARKS&
BMHAANDLOCAL815 RECREATION
(ITEMNO.88,C.C.P.,JULY22,1997) 1-DIVISIONOFPARKS
That the Memorandum of Agreement between the 011-PARKS,GOLFCOURSES&GARDENS
Buffalo Municipal Housing Authority and Local 815, C.S.E.A., (ITEMNO.124,C.C.P.,SEPT.2,1997)
representing Public Safety personnel of the BMHA, for the That the Salary Ordinance Amendment as contained in Item
period July 1, 1995 through June 30, 1998; effective June 23, No. 124, C.C.P., September 2, 1997, be and the same hereby
1997, be approved and ratified. is approved.
PASSED. PASSED.
AYES-12. NOES-0. AYES-12. NOES-0.
NO.87 NO.96
NOTICESOFAPPTS.-TEMP/PROV/PERM(CCLK) SALARYORDINANCEAMENDMENT
(ITEM#96CCPJULY22,1997) 20-DEPARTMENTOFPOLICE
That the above mentioned Item be and the same is hereby 1-DIVISIONOFPOLICEADMINISTRATION
received and filed. (ITEMNO.125,C.C.P.,SEPT.2,1997)
ADOPTED. That the Salary Ordinance Amendment as contained in Item
No. 125, C.C.P., September 2, 1997, be and the same hereby
NO.88 is approved.
F.CAHILL-ASSOC.ACCT.APPT. PASSED.
(ITEM#108CCPJULY22,1997) AYES-12. NOES-0.
That the above mentioned Item be and the same is hereby
NO.97 ALT.FIN.FORCAP.PROJ.(BD.ED.)
SALARYORDINANCEAMENDMENT (ITEM#85CCPJULY22,1997)
98-0-DEPARTMENTOFWATER That the above mentioned item be and the same is hereby
(ITEMNO.126,C.C.P.,SEPT.2,1997) received and filed.
That the Salary Ordinance Amendment as contained in Item ADOPTED.
No. 126, C.C.P., September 2, 1997, be and the same hereby NO.106
is approved. ALT.FIN.FORCAP.PROJ.(BSA)
PASSED. (ITEM#86CCPJULY22,1997)
AYES-12. NOES-0. That the above mentioned item be and the same is hereby
received and filed.
COMMITTEEONFINANCE ADOPTED.
HON.DAVIDA.FRANCZYK NO.107
CHAIRMAN RECYCLINGPLANTSANDSHRUBSFROMDEMOLITION
SITESTOCITYGREENSPACES
NO.98 (ITEMNO.190,C.C.P.,JULY22,1997)
CARSASSIGNEDTOVAR.POLICEPERSONNELThat this Council requests the Commissioner of Human
(COUNCILPRES.) Services, Parks and Recreation and the Director of the Division
(ITEM#10CCPMAY13,1997) of Inspections to further develop this program to also apply to
That the above mentioned Item be and the same is hereby privately owned properties slated for demolition.
received and filed. ADOPTED.
ADOPTED.
NO.108
NO.99 RECYCLEPLANTS-DEMO.SITES(CD)
CARSASSIGN.TOVAR.POLICEPERSONNEL(A&F) (ITEM#59CCPSEPTEMBER2,1997)
(ITEM#86CCPMAY27,1997) 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.109
NO.100 RPT.OFAUDIT-NO.BFLO.ICERINKAGREE.(COMPT)
CARSASSIGNEDTOVAR.PERSONNEL(POL) (ITEM#6CCPSEPTEMBER2,1997)
(ITEM#42CCPJUNE10,1997) That the above mentioned Item be and the same is
That the above mentioned Item be and the same is hereby hereby referred to the committee on Legislation.
received and filed. ADOPTED
ADOPTED.
NO.110
NO.101 BROADWAYMARKETMANAGEMENTCORP.-
STATUSOFAUDIT-NO.BFLO.ICERINK(COMPT.) ABATEMENTOFINVOICES
(ITEM#18CCPJULY22,1997) (ITEMNO.7,C.C.P.,SEPT.2,1997)
That the above mentioned Item be and the same is hereby That the Comptroller be, and he hereby is authorized
received and filed. to abate of the 50 referenced invoices to the Broadway Market
ADOPTED. Management Corporation for the period of October 2, 1984
through January 21, 1990, as listed in the above
NO.102 communication.
RESULTOFNEGOTIATIONS-1816BAILEYAVENUE Passed.
(ITEMNO.13,C.C.P.,JULY22,1997) AYES-12. NOES-0.
That the above item be, and the same hereby is,
returned to the Common Council without recommendation. NO.111
Mr. Franczyk moved: CERTIORARIPROCEEDINGS-RAMESH&BONNIE
That the offer from Mr. and Mrs. Thong Tran, in the CHAINANI
sum of $2,000.00 (Two Thousand Dollars to purchase the 1000ELMWOODAVENUE
property described as 1816 Bailey Avenue, be and hereby is (ITEMNO.11,C.C.P.,SEPT.2,1997)
accepted; and That the Acting Corporation Counsel be, and he
That they are purchasing the property "as is" and hereby is authorized to settle the 1997-98 tax certiorari
have agreed to correct all existing code violations after taking proceeding on 1000 Elmwood Avenue by reducing the
title of the property; and assessment from $300,000 to $225,000.
That the appraisal requested by the City of Buffalo PASSED.
shall be paid by the purchaser; and AYES-12. NOES-0.
That the transfer tax, recording fees and cost of
legal description shall be paid by the purchaser; and NO.112
That the Corporation Counsel be authorized to CERTIORARIPROCEEDINGS-HURONPARKING
prepare the necessary documents for the transfer of title and SERVICES,INC.
that the Mayor be authorized to execute the same, in 73-75W.HURON
accordance with the terms of sale upon which the bid was (ITEMNO.12,C.C.P.,SEPT.2,1997)
submitted. That the Acting Corporation Counsel be, and he
PASSED. hereby is authorized to settle the 1996-97 and 1997-98 tax
AYES-12. NOES-0. certiorari proceeding on 73-75 W. Huron by reducing the
assessment from $365,000 to $150,000 for each year.
NO.103 PASSED.
CERTIORARIPROCEEDINGS-LNRPROPERTIES AYES-12. NOES-0.
437BAILEYAVENUE
(ITEMNO.21,C.C.P.,JULY22,1997) NO.113
That the Acting Corporation Counsel be, and he CERTIORARIPROCEEDINGS-BOWMARTNIAGARA,LLC
hereby is authorized to settle the 1997-98 tax certiorari 1487NIAGARASTREET
proceeding on 437 Bailey Avenue by reducing the assessment (ITEMNO.13,C.C.P.,SEPT.2,1997)
from $169,100 to $153,000. That the Acting Corporation Counsel be, and he
PASSED. hereby is authorized to settle the 1996-97 and 1997-98 tax
AYES-12. NOES-0. certiorari proceedings on 1487 Niagara Street by reducing the
1996-97 assessment from $303,900 to $235,000 and by
NO.104 reducing the 1997-98 assessment from $303,900 to $175,000.
ALT.FIN.FORCAP.PROJ.(A&F) PASSED.
(ITEM#81CCPJULY22,1997) AYES-12. NOES-0.
That the above mentioned Item be and the same is hereby
received and filed. NO.114
ADOPTED. TAXCANCELLATION1997-1998
(ITEMNO.14,C.C.P.,SEPT.2,1997)
NO.105 That the Comptroller be, and he hereby is authorized to draw a
warrant on 81-2 General City Charges, 000-00-802 Tax Landscape Architect to prepare plans, specifications and to
Adjustment Fund, in favor of the City for the taxes indicated on receive bids for the Passive Park at 363 Massachusetts.
the list attached to the above mentioned item, in the amount of Funds for the project design and construction are available in
$159,243.66. C.P.A.'s 200-717-029 and 200-717-069.
PASSED. PASSED.
AYES-12. NOES-0. AYES-12. NOES-0.
NO.115 NO.122
PERMISSIONTOENGAGESERVICES-NEWNYSREALPROP.SERV.-FINALADJ.BASE
WATERMAINS,CAMDEN,ETC. PROPORTIONS
(ITEMNO.25,C.C.P.,SEPT.2,1997) (ITEM#96CCPSEPTEMBER2,1997)
That the Commissioner of Public Works be, and he That the above mentioned Item be and the same is hereby
hereby is authorized to engage the services of a Consulting received and filed.
Engineer to prepare plans, specifications and advertise for bids ADOPTED.
for the installation of approximately 5,350 l.f. of new 8 inch
ductile iron watermain in Camden Avenue, Hartwell Road and COMMITTEEONLEGISLATION
Shoreham Boulevard. Funds for this project are available in the HON.ALFREDT.COPPOLA
Division of Water's capital project account. CHAIRMAN
PASSED.
AYES-12. NOES-0. NO.123
RITEAIDOFNEWYORK,PETITIONTOUSE290GRIDER-
NO.116 POLESIGN
PERMISSIONTOENGAGESERVICES-NEW(ITEMNO.109,C.C.P.,JULY22,1997)
WATERMAINS,RILEY,ETC. That after a public hearing before the Committee on
(ITEMNO.26,C.C.P.,SEPT.2,1997) Legislation on September 9, 1997, the petition of Rite Aid of
That the Commissioner of Public Works be, and he New York, owner, for permission to use 290 Grider for a pole
hereby is authorized to engage the services of a Consulting sign to be no higher than 18 feet be, and hereby is approved
Engineer to prepare plans, specifications and advertise for bids with the condition that landscaping be provided at the base of
for the installation of approximately 12,000 l.f. of new 8 inch the sign.
ductile iron watermain in Riley, Kingsley, Highland, Arsenal, PASSED.
Nash, Mark, Days Park and Willow Place. Funds for this AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
project are available in the Division of Water's capital project HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
account. WILLIAMS, ZUCHLEWSKI-11.
PASSED. NOES-PITTS-1.
AYES-12. NOES-0.
NO.124
NO.117 ELLICOTTDEV.CO.,PETITIONTOUSE1070GENESEE-
PERMISSIONTOENGAGESERVICES-NEWPOLESIGN
WATERMAINS, (ITEMNO.110,C.C.P.,JULY22,1997)
WESTSIDEMAINREPLACEMENTS That after a public hearing before the Committee on
(ITEMNO.27,C.C.P.,SEPT.2,1997) Legislation on September 9, 1997, the petition of Ellicott Dev.
That the Commissioner of Public Works be, and he Co., owner, for permission to use 1070 Genesee for a pole sign
hereby is authorized to engage the services of a Consulting to be no higher than 18 feet be, and hereby is approved with
Engineer to prepare plans, specifications and advertise for bids the condition that landscaping be provided at the base of the
for the installation of approximately 14,300 l.f. of new 8 inch sign.
ductile iron watermain in Alley Street, Auburn Avenue, PASSED.
Breckenridge Street, Dewitt Street, Highland Avenue, AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
Livingston Street, Normal Avenue, Penfield Street, Richmond HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
Avenue, West Utica Street, 16th Street and Barton Street. WILLIAMS, ZUCHLEWSKI-11.
Funds for this project are available in the Division of Water's NOES-PITTS-1.
capital project account.
PASSED. NO.125
AYES-12. NOES-0. 9274GROUP,INC.,PETITIONTOUSE476WILLIAM-
POLESIGN
NO.118 (ITEMNO.111,C.C.P.,JULY22,1997)
SHEA'SBUFFALOTHEATER-INTERIMLEASE That after a public hearing before the Committee on
(ITEMNO.48,C.C.P.,SEPT.2,1997) Legislation on September 9, 1997, the petition of 9274 Group,
That the Mayor be, and he hereby is authorized to Inc., owner, for permission to use 476 William Street for a pole
execute the two (2) year Interim Lease for the period July 1, sign, and hereby is approved with the condition that the top of
1997 through June 30, 1999; with Shea's O'Connell the sign be and no higher than 18 feet and that landscaping be
Preservation Guild. provided at the base of the sign.
PASSED. PASSED.
AYES-12. NOES-0. AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
NO.119 WILLIAMS, ZUCHLEWSKI-11.
INFO-PROPERTYTAXEXEMPTIONS)(CC) NOES-PITTS-1.
(ITEM#51CCPSEPTEMBER2,1997)
That the above mentioned Item be and the same is hereby NO.126
received and filed. CARRIAGESHOPPE-USE1335SENECA-POLESIGN
ADOPTED. (ITEM#105CCPSEPTEMBER2,1997)
That the above mentioned Item be and the same is hereby
NO.120 received and filed.
DEWEYPLAYGROUND-COURTRENOVATIONS ADOPTED.
(ITEMNO.57,C.C.P.,SEPT.2,1997)
That the Commissioner of Community Development NO.127
be, and he hereby is authorized to award a contract for Dewey RODRIQUEZENRIQUE,PETITIONTOUSE313ELMWOOD
Playground Court Renovations, to Suburban Blacktop, the -POLESIGN
lowest responsible bidder in an amount of $41,136.00, with (ITEMNO.106,C.C.P.,SEPT.2,1997)
said cost to be charged to Bond Fund Account #200-717-021. That after a public hearing before the Committee on
PASSED. Legislation on September 9, 1997, the petition of Rodriquez
AYES-12. NOES-0. Enrique, owner, for permission to use 313 Elmwood Avenue for
a pole sign be, and hereby is approved.
NO.121 PASSED.
PERMISSIONTOHIRECONSULTANT-PASSIVEPARK AYES-12. NOES-0.
(ITEMNO.58,C.C.P.,SEPT.2,1997)
That the Commissioner of Community Development NO.128
be, and he hereby is authorized to engage the services of a RUSSSCHERRER,INC.,PETITIONTOUSE48KRAKOW-
POLESIGN follows:
(ITEMNO.107C.C.P.,SEPT.2,1997) COMMENCING at a point in the easterly line of
That after a public hearing before the Committee on Alabama Street, distant seventy-eight (78) feet south from its
Legislation on September 9, 1997, the petition of Russ southeasterly intersection with Fulton Street; running thence
Scherrer owner, for permission to use 48 Krakow for a pole easterly parallel with Fulton Street, eighty feet (80); thence
sign be, and hereby is approved. southerly and parallel to Alabama Street sixty-five (65) feet to
PASSED. the north line of Coastworth Alley (a paper street, 16 feet wide)
AYES-12. NOES-0. thence westerly at right angles to Alabama Street and along the
north line of said Coatsworth Alley (a paper street) eighty (80)
NO.129 feet to the easterly line of Alabama Street; thence northerly
JAMESH.WILLIAMS,PETITIONTOUSE1525WILLIAM-along said easterly line of Alabama Street sixty-five (65) feet to
POLESIGN the place of beginning.
(ITEMNO.108C.C.P.,SEPT.2,1997) This rezoning shall be effective providing the following
That the above item be, and the same hereby is, conditions are met:
returned to the Common Council without recommendation. That this rezoning shall not be effective unless
Mr. Coppola moved: and until a certified copy thereof has been filed by the petitioner
That after a public hearing before the Committee on in the offices of the Erie County Clerk's Office and proof of
Legislation on September 9, 1997, the petition of James H. such filing is submitted to the City Clerk's Office.
Williams owner, for permission to use 1525 William Street for a That this rezoning will not be effective until such
pole sign be, and hereby is approved. conditions as set by the City Planning Board are met.
PASSED. That this Common Council finds this action to be an
AYES-12. NOES-0. Unlisted Action under the S.E.Q.R. Act and adopts petitioner's
findings such that no further environmental review is required
NO.130 under said Act.
PHILIPE.LAMONTE,PETITIONTOUSE2344SENECA- It is hereby certified, pursuant to Section 34 of the
TATTOOPARLOR Charter that the immediate passage of the foregoing
(ITEMNO.109C.C.P.,SEPT.2,1997) ordinance is necessary.
That the above item be, and the same hereby is, Approved as to Form
returned to the Common Council without recommendation. Michael B. Risman
Mr. Coppola moved: Acting Corporation Counsel
That the above item be and hereby is received and PASSED.
filed. AYES-12. NOES-0.
ADOPTED.
NO.135
NO.131 BARRYJOHNSON,PETITIONTOUSE419ELMWOOD-
BENDERSONDEV.,INC.,PETITIONTOUSE1951-2001SIT-INRESTAURANT
ELMWOOD-POLESIGNS (ITEMNO.114,C.C.P.,SEPT.2,1997)
(ITEMNO.110,C.C.P.,SEPT.2,1997) That after a public hearing before the Committee on
That after a public hearing before the Committee on Legislation on September 9, 1997, the petition of Barry
Legislation on September 9, 1997, the petition of Benderson Johnson, owner, for permission to use 419 Elmwood for a sit-in
Dev., Inc., owner, for permission to use 1951-2001 Elmwood restaurant be, and hereby is approved.
Avenue for pole signs be, and hereby is approved with the PASSED.
condition that landscaping be provided at the base of the sign. AYES-12. NOES-0.
PASSED.
AYES-12. NOES-0. NO.136
HARDWICKESAMMEXLTD.
NO.132 USE159PORTERFOROFC/STORAGE(HRG.HLD.)
UNITEDREFINING,INC.,PETITIONTOUSE2212(ITEM#98CCPJULY8,1997)
NIAGARA-POLESIGN That the above mentioned Item be and the same is
(ITEMNO.111,C.C.P.,SEPT.2,1997) hereby received and filed.
That after a public hearing before the Committee on ADOPTED.
Legislation on September 9, 1997, the petition of United
Refining, Inc., owner, for permission to use 2212 Niagara NO.137
Street for a pole sign be, and hereby is approved with the RZN.290-300KENMORE(C.P.BD)
condition that the height of the new sign does not exceed the (ITEM#4CCPJULY22,1997)
prior existing sign. That the above mentioned Item be and the same is hereby
PASSED. received and filed.
AYES-12. NOES-0. ADOPTED.
NO.133 NO.138
SALVATIONARMY,PETITIONTOUSE154-156N.PEARL-SIDEWALKSHOVELING
FAMILYRESOURCECENTER (ITEM#187CCPJUNE23,1997)
(ITEMNO.112,C.C.P.,SEPT.2,1997) That the above mentioned Item be and the same is hereby
That after a public hearing before the Committee on Legislation received and filed.
on September 9, 1997, the petition of the Salvation Army, for ADOPTED.
permission to use 154-156 N. Pearl Street for a family resource
center be, and hereby is denied. NO.139
ADOPTED. SIDEWALKSHOVELING
(ITEM#59CCPJUNE24,1997)
NO.134 That the above mentioned Item be and the same is hereby
ROBINF.BLOCKSR.,PETITIONTOREZONE received and filed.
514SOUTHPARKAVENUEAND277ALABAMASTREET ADOPTED.
(ITEMNO.113,C.C.P.,SEPT.2,1997)
That the above item be, and the same hereby is, NO.140
returned to the Common Council without recommendation. BFLO/FT.ERIEBRIDGE
Mr. Coppola moved: AUTH.-VACANTPROP.173PORTER
That the Common Council of the City of Buffalo does (ITEM#131CCPSEPTEMBER3,1997)
hereby ordain as follows: That the above mentioned Item be and the same is hereby
That that part of the Zoning Ordinances of the City received and filed.
of Buffalo, Section 511-126 of Article XXV of Chapter 51 1 as it ADOPTED.
relates to the use map thereof be amended to show a "C2"
Commercial District rather than a "R-3" Residential District for NO.141
the premises known as 514 South Park Avenue and 277 BFLO/FT.ERIEAUTH.-VACANTPROP.173PORTER
Alabama Street, and more particularly described as follows: (ITEM#65CCPJULY8,1997)
All that Tract or Parcel of Land, situate in the City That the above mentioned Item be and the same is hereby
of Buffalo, County of Erie and State of New York, being part of received and filed.
outer Lot No. 66, in said City, bounded and described as ADOPTED.
That this Common Council requests the Corporation
NO.142 Counsel to prepare an ordinance amendment to section 387-19
NATIONALFUEL that would require public hearings to be held for billboard
(ITEM#193CCPMAY27,1997) actions that require Council approval.
That the above mentioned Item be and the same is hereby ADOPTED.
received and filed.
ADOPTED. NO.154
ORDINANCEAMENDMENT-CHAPTER511-ZONING
NO.143 (ITEMNO.228,C.C.P.,JULY22,1997)
LEASERENEWALALLEYWAYTHEATER That the Ordinance Amendment as contained in Item No. 228,
(ITEM#212CCPMARCH4,1997) C.C.P., July 22, 1997, be and the same hereby is approved.
That the above mentioned Item be and the same is hereby PASSED.
received and filed. AYES-12. NOES-0.
ADOPTED.
NO.155
NO.144 ORD.AMEND-CH.511-ZNG.(HSPR)
RENEWALLEYWAYTHEATERLEASE(CC) (ITEM#78CCPSEPTEMBER2,1997)
(ITEM#46CCPMARCH18,1997) 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.156
NO.145 RE-APPOINTMENTOFMEMBERTOTHEBUFFALO
DEPLOYPOLICEONDRUGCORNERS(POL) PRESERVATIONBOARD
(ITEM#32CCPMARCH18,1997) (ITEMNO.3,C.C.P.,JULY8,1997)
That the above mentioned Item be and the same is hereby That the re-appointment of Mark Goldman, 351
received and filed. Lincoln Parkway, as a member of the Buffalo Preservation
ADOPTED. Board for a term commencing from August 31, 1997 and
expiring August 31, 2000 be, and hereby is approved.
NO.146 ADOPTED.
DEPLOYPOLICEONDRUGCORNERS(POL)
(ITEM#37CCPJULY22,1997) NO.157
That the above mentioned Item be and the same is NOTIF.SER.#8899(PW)
hereby received and filed. (ITEM#23CCPJULY22,1997)
ADOPTED. That the above mentioned Item be and the same is
hereby received and filed.
NO147 ADOPTED.
DEMO.ABANDONEDPROP.-WENDEANDZENNERST.
(ITEM#194CCPMAY27,1997) NO.158
That the above mentioned Item be and the same is hereby IDENTIFYVACANT/DILAPIDATEDHOUSES
received and filed. (ITEM#225CCPJULY22,1997)
ADOPTED. That the above mentioned Item be and the same is hereby
received and filed.
NO.148 ADOPTED.
DEMO.ABANDONEDPROP.-WENDE/ZENNERST.(CD)
(ITEM#64CCPJULY8,1997) NO.159
That the above mentioned Item be and the same is hereby NOTIFICATIONSERIAL#8900,
received and filed. REPEALOFNOSTANDINGONKENSINGTON,ETC.
ADOPTED. (ITEMNO.20,C.C.P.,SEPT.2,1997)
Mr. Coppola moved:
NO.149 That Notification Serial Number #8920 be and the
E.CUDNEY-COMPLAINT-PKGIN"NOPKG.”-same is hereby denied and that Notification Serial Number
HARRISON/SENECA #8900-8919 and 8921-8936 are hereby received and filed.
(ITEM#87CCPJUNE24,1997) ADOPTED.
That the above mentioned Item be and the same is
hereby received and filed. NO.160
ADOPTED. ENCROACH571DELAWAREAVENUE-SIDEWALKCAFE
(ITEMNO.39,C.C.P.,SEPT.2,1997)
NO.150 That the Commissioner of Public Works be, and he hereby
E.CUDNEY-COMPLAINT-NO.PKG. is authorized to issue a “mere license" to Mr. Leonard Mordino,
HARRISON/SENECA(PW) owner of Hollywood Pasta's & Deli, located at 571 Delaware
(ITEM#31CCPJULY22,1997) Avenue, to install a sidewalk cafe, which would encroach city
That the above mentioned Item be and the same is hereby right-of-way at said address, subject to the following conditions:
received and filed. 1. That the applicant obtain any and all other City of
ADOPTED. Buffalo permits necessary.
2. That the sidewalk cafe be installed exactly as shown
NO.151 on plans submitted to and approved by the Department of
ENF.ORD.-HIGHPRESSUREWATERGUNS,ETC. Public Works, Division of Buildings.
(ITEM#172CCPJUNE24,1997) 3. That the sidewalk cafe does not exceed fourteen feet
That the above mentioned Item be and the same is hereby (14') in length or extend more than four feet (4') from the
received and filed. building face.
ADOPTED. 4. That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or public
NO.152 sidewalk.
CONTRACTS-OUT-OFTOWNCOMPANIES That the sidewalk cafe be completely removed from
5.
(ITEM#186CCPJUNE24,1997)
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
referred to the committee on Finance.
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 Ordinances.
NO.153
7. That the applicant supply the City of Buffalo with a
REQUESTREVISIONSTOSIGNORDINANCE387-19
five thousand dollar ($5,000.00) construction in street bond or
(ITEMNO.227,C.C.P.,JULY22,1997)
certificate of insurance which will indemnify and save harmless
That this Common Council determines that because
the City of Buffalo against any and all loss and damage arising
it is no longer necessary for the Planning Board to review pole
out of the construction, maintenance, use and removal of said
signs and ground signs these items will no longer be routinely
sidewalk cafe.
referred to the Planning Board for an opinion; and
PASSED.
AYES-12. NOES-0. the Council Chambers, City Hall, at 2:00 P.M. on Tuesday,
September 16, 1997; and
NO.161 WHEREAS, the proposed Land Disposition
MASONRYORDINANCE(CC) Agreement has been duly submitted to this Common Council
(ITEM#53CCPSEPTEMBER2,1997) by the Agency.
That the above mentioned Item be and the same is hereby NOW, THEREFORE, BE IT RESOLVED:
received and filed. 1. that M.J.Peterson/Forbes Housing Co. has been duly
ADOPTED. designated as a qualified and eligible Redeveloper by the
Agency, is hereby approved as the Redeveloper for Presidential
NO.162 Heights New Housing Program - Phase 1.
RESTAURANTDANCINGCLASSIII-2192NIAGARA2. that the Mayor of the City of Buffalo and the Chairman and/or
STREET Vice Chairman of the Agency are hereby authorized and
(ITEMNO.65,C.C.P.,SEPT.2,1997) directed to execute any and all deeds and/or other documents
That pursuant to Chapter 150 of the City Code, the and/or affidavits deemed necessary and appropriate to convey
Director of Inspection, Licenses and Permits be, and he hereby title to the land described in the proposed Land Disposition
is authorized to grant a Restaurant Dancing Class III license to Agreement to the Redeveloper ; in accordance with all term,
James H. Williams, d/b/a Harry's Harbour Place Grille, Inc., at covenants and conditions of said Land Disposition Agreement
2192 Niagara Street. and for the consideration recited therein.
PASSED. 3) that Phase II of this must include an enchaned greenspace
AYES-12. NOES-0. and a “tot-lot” play area.
PASSED.
NO.163 AYES-12. NOES-0.
M.WALLACE&OTHERS-FAVORTATTOOSHOP
2344SENECA NO.167
(ITEM#118CCPSEPTEMBER2,1997) LDA-PRESIDENTIALHEIGHTSNEWHOUSING
That the above mentioned Item be and the same is hereby PROGRAM-PHASEII
received and filed. THEMARRANO/MARCEQUITYCORPORATION
ADOPTED. (ITEMNO.70,C.C.P.SEPTEMBER2,1997)
That the above item be and the same is returned to the
NO.164 Common Council without recommendation.
ORDINANCEAMENDMENT-CHAPTER175-FEES A public hearing has been set, before the Common
(ITEMNO.127,C.C.P.,SEPT.2,1997) Council, at this regularly scheduled meeting, on the above item,
That the Ordinance Amendment as contained in Item No. 127, and a Notice of same has been published in the Buffalo News,
C.C.P., September 2, 1997, be and the same hereby is a copy of which is attached hereto.
approved. On a motion by Mrs. LoTempio, seconded by Mrs.
PASSED. Williams, the item is properly before the Common Council, and
AYES-12. NOES-0. the hearing is opened.
CARRIED.
COMMITTEEONCOMMUNITYDEVELOPMENT Appearances -David Pollock, Mike Dickman, Mr. Martucci
HON.DALEL.ZUCHLEWSKI Mrs. LoTempio now moved that the hearing be closed.
CHAIRMAN Seconded by Mrs. Williams
CARRIED.
NO.165 Mr. Zuchlewski now moved that the above item be recommitted
TRANSFEROFTITLE,URBANHOMESTEAD-133to the Committee on Community Development.
DURANT ADOPTED.
(ITEMNO.67,C.C.P.,SEPT.2,1997)
That the city-owned property commonly known as NO.168
133 Durant Street, is hereby designated as Homestead LDA-200BLOCKPROSPECTAVENUE
Property, and that the Mayor be, and he hereby is authorized to LOWERWESTSIDEREDEVELOPMENT-PHASEI
execute a deed transferring said property to Mr. Kenneth R. (ITEMNO.71,C.C.P.SEPTEMBER2,1997)
Fawcett, residing at 139 Durant Street, for the amount of $1.00 That the above item be and the same is returned to the
(One Dollar), and all costs of transfer, on the condition the Common Council without recommendation.
property is cleared and improved within six (6) months and A public hearing has been set, before the Common
maintained in a sanitary manner. Council, at this regularly scheduled meeting, on the above item,
PASSED. and a Notice of same has been published in the Buffalo News,
AYES-12. NOES-0. a copy of which is attached hereto.
On a motion byMrs. LoTempio, seconded by Mrs.
NO.166 Williams, the item is properly before the Common Council, and
LDA-PRESIDENTIALHEIGHTSNEWHOUSINGthe hearing is opened.
PROGRAM-PHASEI CARRIED.
M.J.PETERSON/FORBESHOUSINGCO. Appearances: David Pollock, Ed Schultz
(ITEMNO.69,C.C.P.SEPTEMBER2,1997) Mrs. LoTempio now moved that the hearing be closed.
That the above item be and the same is returned to the Seconded by Mrs. Williams
Common Council without recommendation. CARRIED.
A public hearing has been set, before the Common Mrs. LoTempio moved that
Council, at this regularly scheduled meeting, on the above item, WHEREAS, the City of Buffalo Urban Renewal
and a Notice of same has been published in the Buffalo News, Agency (hereinafter referred to as the "Agency") has duly
a copy of which is attached hereto. designated the Buffalo Neighborhood Revitalization
On a motion by Mrs. LoTempio, seconded by Mr. Franczyk, the Corporation, as the qualified and eligible Redeveloper in
item is properly before the Common Council, and the hearing is accordance with all applicable rules, regulations and/or
open. procedures duly adopted by the Agency; and
CARRIED. WHEREAS, the City Clerk has published a "Notice
Appearances - David Pollock of Public Hearing" in accordance with Section 507, Subdivision
Mrs. LoTempio now moved that the hearing be closed. 2 (d) of the General Municipal Law of the State of New York;
Seconded by Mrs. Williams. and
CARRIED. WHEREAS, said Public Hearing has been duly held
Mrs. LoTempio moved that in the Council Chambers, City Hall, at 2:00 P.M. on Tuesday,
WHEREAS, the City of Buffalo Urban Renewal September 16, 1997; and
Agency (hereinafter referred to as the "Agency") has duty WHEREAS, the proposed Land Disposition
designated M.J.Peterson/Forbes Housing Co. as the qualified Agreement has been duly submitted to this Common Council
and eligible Redeveloper in accordance with all applicable by the Agency.
rules, regulations and/or procedures duly adopted by the NOW, THEREFORE, BE IT RESOLVED:
Agency; and 1. that the Buffalo Neighborhood
WHEREAS, the City Clerk has published a "Notice of Revitalization Corporation, has been duly designated as a
Public Hearing" in accordance with Section 507, Subdivision 2 qualified and eligible Redeveloper by the Agency, is hereby
(d) of the General Municipal Law of the State of New York- and approved as the Redeveloper for the 200 Block of Prospect
WHEREAS, said Public Hearing has been duly held in (LWS) - Phase 1.
2. that the Mayor of the City of Buffalo and abandoned her with no intent to return; and
the Chairman and/or Vice Chainnan of the Agency are hereby WHEREAS: This abandonment has been for more than 1 0
authorized and directed to execute any and all deeds and/or years; and
other documents and/or affidavits deemed necessary and WHEREAS: Mrs. Dockett's delay in obtaining a divorce has
appropriate to convey title to the land described in the proposed been the result of law office failure and not any fault of her own
Land Disposition Agreement to the Redeveloper ; in and has subsequently obtained new counsel; and
accordance with all term, covenants and conditions of said WHEREAS: Individuals who can verify this abandonment are
Land Disposition Agreement and for the consideration recited unavailable (dead, infirmed or cannot recall); and
therein. WHEREAS: Mrs. Dockett is on a fixed-income and will
PASSED. greatly benefit from the discount on the property taxes resulting
AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, from a senior exemption; and
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, WHEREAS: This office contacted the Department of
ZUCHLEWSKI-10. Assessment and requested a waiver of the abandonment
NOES-GRAY, WILLIAMS-2. criteria in this instance and was denied; and
WHEREAS: Given the uniqueness of this situation, it would
NO.169 be a pettifogging not to grant waiver in this instance.
ORD.AMEND.CH.168-ENVIRON.REVIEW THEREFORE: We direct the Department of Assessment
(ITEM#145CCPSEPTEMBER2,1997) to explain in writing why a waiver cannot be granted in this
That the above mentioned Item be and the same is hereby case.
received and filed. REFERRED TO THE COMMITTEE ON FINANCE,
ADOPTED. CORPORATION COUNSEL AND COMMISSIONER OF
ASSESSMENT.
RESOLUTIONS NO.173
NO.170 By: Mr. Brown
By Mr. Brown ENFORCEORDINANCEAGAINSTPLACINGSIGNSON
HOMESTEADORPURCHASEOF TREES
1/2OF621WOODLAWNAVENUE WHEREAS: With much public support and input, this
WHEREAS: Mr. & Mrs. Charlie Fryer, the homeowner of 615 Council passed the Urban Forest Protection Act earlier this
Woodlawn Avenue, is interested in homesteading or year in an effort to protect the city's trees and strengthen the
purchasing one-half of the city-owned property at 621 city's ecosystem; and
Woodlawn; and WHEREAS: Section 467-7 of the ordinance defines
WHEREAS: The Fryers have been maintaining this lot for prohibited acts relative to city trees, and includes the following
several years; and language: "nor shall any person fasten or attach any signs,
WHEREAS: The dimensions of this lot makes it not feasible markers, ropes, wires or other objects ... to such trees"; and
for the construction of a residential home; and WHEREAS: When signs are fastened in a way that pierces
WHEREAS: The Fryers indicated that they will continue to the bark, a tree can be seriously damaged; and
clean, improve and maintain this lot in the event that they obtain WHEREAS: Unauthorized signs don't belong on public
title to the property; and property, and this is especially true for trees, which are planted
THEREFORE: We recommend that this city-owned to beautify and bring a sense of peace to our neighborhoods;
vacant lot to be designated as a Homestead Property and be and
transferred to the Fryers on condition that the property is WHEREAS: Despite this prohibition in Section 467-7, some
cleared, improved and maintained in a sanitary manner. In the citizens use city trees as personal signposts and political signs
alternative, we recommend the sale of this parcel at a nominal on trees are a growing problem, with the trees on certain
fee. streets blanketed by signs; and
REFERRED TO THE COMMITTEE ON COMMUNITY WHEREAS: This practice is particularly egregious when the
DEVELOPMENT AND CORPORATION COUNSEL. offender is a candidate for public office, since one who is
NO.171 hoping to make laws should respect the law, the environment,
By: Mr. Brown and the worth and dignity of public property; and
HOMESTEADORPURCHASEOF WHEREAS: The City tree ordinance authorizes the
649WOODLAWNAVENUE Commissioner of Parks to offer a reward of between $ 1 00 to $
WHEREAS: Mr. James Poole, the homeowner of 651 1,000 for information leading to convictions for damage to
Woodlawn Avenue, is interested in homesteading or trees; and
purchasing the city-owned property at 649 Woodlawn; and WHEREAS: The ordinance also provides a penalty of up to
WHEREAS: Mr. Poole has been maintaining this lot for over $1,500 or 15 days in jail upon conviction for each violation;
seven years; and NOW, THEREFORE, BE IT RESOLVED THAT:
WHEREAS: The dimensions of this lot makes it not feasible This Common Council directs the Commissioner of Parks to
for the construction of a residential home; and immediately cause the removal of any unauthorized signs on
WHEREAS: it is unlikely that after so many years the city will city trees, and authorizes him to conduct a full investigation of
build on this site, and Community Development has no plans to this practice; with the Council's subpoena power available to
put a home at this location; and him if he needs it; and
WHEREAS: Mr. Poole wishes to expand his yard space and BE IT FURTHER RESOLVED THAT:
continue to maintain this parcel; and This Council directs the Commissioner of Parks to issue a
WHEREAS: Mr. Poole indicated that he will clean, improve memo to all city candidates informing them of the law
and maintain the lot in the event that he obtains title to the prohibiting signs on trees and requesting that they effectively
property; and communicate to their supporters that such activity is illegal; and
THEREFORE: We recommend that this city-owned BE IT FINALLY RESOLVED THAT:
vacant lot to be designated as a Homestead Property and be The Commissioner shall hold candidates personally
transferred to Mr. Poole on condition that the property is responsible for their campaign signs, requiring them to oversee
cleared, improved and maintained in a sanitary manner. In the the removal of illegal signs and referring the matter to the
alternative, we recommend the sale of this parcel at a nominal Police Department if the candidate fails in having all signs
fee. removed from trees.
REFERRED TO THE COMMITTEE ON COMMUNITY REFERRED TO THE COMMITTEE ON LEGISLATION,
DEVELOPMENT AND CORPORATION COUNSEL. CORPORATION COUNSEL AND Commissioner OF HUMAN
NO.172 SERVICES, PARKS AND RECREATION.
By: Mr. Brown NO.174
SENIORTAXEXEMPTION By: Messrs. Coppola and Zuchlewski
112SUSSEXSTREET SUPPORTCONSTITUTIONALCONVENTION
WHEREAS: Mrs. Eugena Dockett, the resident/homeowner WHEREAS: On Election Day, November 4, 1997, there will
of 112 Sussex Street, is a senior citizen interested in obtaining be a referendum on the ballot calling for a New York State
a senior citizen tax exemption at 112 Sussex Street; and Constitutional Convention; and
WHEREAS: Mrs. Dockett has applied for an exemption and WHEREAS: A Constitutional Convention is called periodically
was denied because she was unable to provide two notarized to review and revise New York State's Constitution and the way
statements confirming the abandonment by her husband; and our state does business; and
WHEREAS: Notwithstanding the notarized statements WHEREAS: It has been too many years since Albany passed
confirming her abandonment, Mrs. Dockett meets all the a timely budget; a Constitutional Convention could change the
criteria for an exemption; and rules to require that the budget be balanced and passed in a
WHEREAS: Mrs. Dockett's husband has unjustifiably timely manner; and
WHEREAS: Our state's school systems experience chaos WHEREAS: Many of Buffalo's trees fell prey to Dutch Elm
when the budget is late because they can't predict the amount disease, budget cuts, and other problems which greatly
of state aid; a Constitutional Convention could change the rules reduced the number of trees, although the city is struggling
to mandate predictable school aid packages; and mightily to replace them; and,
WHEREAS: A Constitutional Convention could restore home WHEREAS: The Costello family owns land at 1106 Ellicott
rule message to act on local issues; it could modernize present St., adjacent to the William
rules on debt issuance for capital projects; and it could S. Hein Co., at 1285 Main Street, publisher of medical books;
modernize the State Election Law and reduce overlapping and,
functions in local government, among other things. WHEREAS: On the Costello's lot were three roughly 100-
NOW THEREFORE BE IT RESOLVED THAT year-old trees: a Black Walnut, an Elm tree and American
This Common Council supports a Constitutional Convention to Chestnut; and,
review and revise the New York State Constitution and the way WHEREAS: These trees were reportedly healthy and well-
our state does business and encourages the residents of maintained, but shockingly, the William S. Hein Co. allegedly
Buffalo to support the referendum on Election Day, November trespassed on the Costello's private property and savagely cut
4, 1997. down the trees! The trees were supposedly cut down because
ADOPTED "nuts" from the trees fell on the Hein parking lot. and;
AYES - COPPOLA, CZAJKA, FRANCZYK, HELFER, WHEREAS: The Costello's are reputedly extremely
KAVANAUGH, LOCKWOOD, LOTEMPIO, ZUCHLEWSKI - 8 distraught by the chopping down of their trees on their property,
NOES - BROWN, GRAY, PITTS, WILLIAMS - 4 which is tantamount to vandalism if true; and,
NO.175 WHEREAS: The Costello's reportedly never gave permission
By: Mr. Coppola for Hein to trim or cut any trees on their property, which was
APPOINTMENTTOBOARDOFASSESSMENTREVIEW reportedly done by the C. Mays tree company, on orders from
WHEREAS: Dennis Dargavel has resigned from the Board of the Hein Co.
Assessment Review; and WHEREAS: The chopping down of trees on someone else's
WHEREAS: It is important to fill this vacant position so that private property is surely a crime, but it also may be in violation
the board is complete and ready to function for its important of the city's recently approved tree ordinance; and,
work; and WHEREAS: The Police Department have reportedly been
WHEREAS: I request that Ruthetta Smikle, 126 Crescent called to investigate this alleged vandalism; and,
Avenue, Buffalo, New York 14214 be considered to fill the NOW THEREFORE BE IT RESOLVED:
vacancy. That the Common Council decries the ruthless, unnecessary
NOW THEREFORE BE IT RESOLVED THAT chopping down of trees in the city; and,
This Common Council requests that Ruthetta Smikle, 126 BE IT FURTHER RESOLVED:
Crescent Avenue, Buffalo, New York 14214 be considered to The Common Council request the Corporation Counsel to
fill the vacancy created by the resignation of Dennis Dargavel. advise the Council if the city's tree ordinance has been violated
REFERRED TO THE COMMITTEE ON LEGISLATION in any way, if this report squares with the facts; and,
NO.176 BE IT FINALLY RESOLVED:
By: Messrs. Coppola, Zuchlewski and Mrs. Lockwood That the Inspections and Police Departments report if any
and LoTempio crimes or violations have occurred at 1106 Ellicott regarding
UPDATEFROMCORPORATIONCOUNSEL the alleged cutting down of trees on private property without
ADULTUSESORDINANCE permission.
WHEREAS: It was previously requested that Corporation REFERRED TO THE COMMITTEE ON LEGISLATION,
Counsel write an ordinance similar to that recently passed in CORPORATION COUNSEL, COMMISSIONER OF
Amherst on Adult Uses; and COMMUNITY DEVELOPMENT AND COMMISSIONER OF
WHEREAS: With the proliferation of adult use businesses POLICE.
trying to open in Buffalo, it's important that we have a specific NO.179
ordinance governing this type of business and where it can be By: Mr. Franczyk:
located. BONDRESOLUTION
NOW THEREFORE BE IT RESOLVED THAT $2,000,000BONDS
This Common Council requests that Corporation Council RECONSTRUCTIONEXCHANGESTREET
update this body on a previous request for an ordinance similar ACCOUNT200-717
to that recently passed in Amherst on Adult Uses. Bond Resolution of the City of Buffalo, New York, authorizing
REFERRED TO THE COMMITTEE ON LEGISLATION, the issuance of $2,000,000 General Improvement Bonds of
CORPORATION COUNSEL, COMMISSIONER OF said City to finance the additional cost of construction of an
COMMUNITY DEVELOPMENT AND COMMISSIONER OF extension of Exchange St. between Louisiana and Van
POLICE Rensselaer Streets, at the estimated total cost of $2,000,000.
NO.177 The Common Council of the City of Buffalo, in the County of
By: Mr. Franczyk Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
NOPARKINGSIGNSONROTHER Council) as follows:
WHEREAS: The Board of Education requested that the Section 1. The Comptroller of the City of Buffalo, in the County
Public Works Department erect of Erie, New York, is hereby authorized and directed to issue
"No Parking from 8 to 4" signs on Rother Avenue north from General Improvement Bonds of said City in the principal
Stanislaus Street to about 153 Rother; and, amount of Two Million Dollars ($2,000,000), pursuant to the
WHEREAS: The Board stated that it needed these spaces to provisions of the Charter of said City and the Local Finance
accommodate eleven buses that service the school operated on Law, constituting Chapter 33-a of the Consolidated Laws of the
St. Adalbert's church property; and, State of New York (the "Law"), to finance the additional cost of
WHEREAS: Neighbors who park on that section of Rother the construction of an extension of Exchange St. between
have been bounced out of parking spots in front of their homes, Louisiana and Van Rensselaer Streets. The estimated total
causing parking problems and great inconvenience; and, cost of said specific object or purpose for which the bonds
WHEREAS: St. Adalbert's has a huge parking lot which authorized by this resolution are to be issued, including
could accommodate some of the buses; preliminary costs and costs incidental thereto and the financing
NOW THEREFORE BE IT RESOLVED: thereof, is $2,000,000 as set forth in the duly adopted Capital
That the Traffic Division of the Public Works Department Improvements Budget of said City for fiscal year 1997-98.
examine this parking problem, and look toward amending the Section 2. The proceeds of the sale of the bonds authorized by
"No Parking" signs to encompass only that part of Rother this resolution, or any bond anticipation notes issued in
Avenue which does not bounce residents out of parking spots anticipation of the sale of said bonds shall be deposited in the
they have enjoyed for many decades. Capital Projects Fund to the credit of the Department of
REFERRED TO THE COMMITTEE ON LEGISLATION AND Community Development, Division of Development,
COMMISSIONER OF PUBLIC WORKS. "Reconstruction Exchange Street, 1997-98 ", Bond
NO.178 Authorization Account No. 200-717, and shall be used for the
By: Mr. Franczyk and Mrs. Williams specific object or purpose specified in Section I of this
ILLEGALCUTTINGOFTREES resolution.
WHEREAS: The City of Buffalo once boasted a canopy of Section 3. The City intends to finance, on an interim basis, the
hundreds of thousands of trees, gracing countless costs or a portion of the costs of said improvements for which
neighborhoods with stately beauty; and, bonds are herein authorized, which costs are reasonably
WHEREAS: The trees boosted Buffalo's prominence in expected to be incurred by the City, pursuant to this Bond
addition to providing great environmental benefits; and, Resolution, in the maximum amount of $2,000,000. This
Resolution is a declaration of Official Intent adopted pursuant or electromagnetic waves for the purpose of providing cellular
to the requirements of Treasury Regulation Section 1. 150-2. services, telecommunication services, personal
Section 4. The following additional matters are hereby communications services, personal wireless services, wireless
determined and stated:. cable, commercial paging, data, or wireless services and its
(a) The period of probable usefulness applicable to the attendant base station.
specific object or purpose for which the bonds authorized by
this resolution are to be issued within the limitations of Section ACCESSORY COMMUNICATION STRUCTURE - Any
11.00 a. accessory facility, structure or building serving or being used in
20. (c) of the Law, is fifteen (15) years. conjunction with a communication tower or antenna. Examples
(b) Current funds are not required by the Law to be provided of such structures include utility or transmission equipment
as a down payment prior to the issuance of the bonds storage sheds or cabinets.
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section COMMUNICATION TOWER - Any structure that is designed
107.00 d. 9. of the Law. and constructed for the purpose of supporting one or more
Section 5. Each of the bonds authorized by this resolution and antennas intended for transmitting or receiving television,
any bond anticipation notes issued in anticipation of the sale of am/fin radio, digital, microwave, cellular, telephone or similar
said bonds and the renewals of said notes shall contain the forms of electronic communication, including without limit,
recital of validity prescribed by Section 52.00 of the Local freestanding towers, guyed towers, lattice towers, monopole
Finance Law. Said bonds and said notes shall be general towers, self-supporting towers and similar structures. The
obligations of the City of Buffalo payable as to both principal term includes the structure and any support elements such as
and interest by a general tax upon all the taxable real property guy wires.
within said City without limitation as to rate or amount. The
faith and credit of said City are hereby irrevocably pledged for 100% CLEAR ZONE - The requirement that in the event of a
the punctual payment of the principal of and interest on said tower failure, the entire height of the tower would fall completely
bonds and said notes. Provision shall be made annually by within the boundaries of the property on which it is located.
appropriation by said City for the payment of interest on and for
the amounts required for the amortization and redemption of Section 511-158 - Location of Communication Towers and
said bonds Antenna.
and said notes.
Section 6. The validity of the bonds authorized by this A. Communication towers or antenna that are proposed to be
resolution or any bond anticipation notes issued in anticipation constructed, relocated, rebuilt or extended in any R District and
of the sale of said bonds may be contested only if: that are not proposed to be mounted or attached on existing
(a) Such obligations are authorized for an object or purpose communication towers, buildings or structures shall be
for which the City of Buffalo is not authorized to expend money, permitted in any R District provided that a Restricted Use
or Permit has been obtained pursuant to Buffalo Code Section
(b) The provisions of law which should be complied with at the 511-55. In addition to the factors contained in Buffalo Code
date of the publication of this resolution are not substantially Section 511-55, the Common Council may consider other
complied with, factors consistent with the legislative intent of this Article as
and an action, suit or proceeding contesting such validity, is contained in Buffalo Code Chapter 103, Article VII, Section
commenced within twenty days after the date of such 103-58. The Common Council may impose reasonable
publication, restrictions on any applicant as may be necessary to fulfill the
or legislative intent of this Article. Any denial of an application by
(c) Such obligations are authorized in violation of the the Common Council shall be made in writing and contained in
provisions of the constitution. a written record specifying the reasons for the denial.
Introduced: September 16, 1997
LAID ON THE TABLE B. Communication towers or antennas that are proposed to be
NO.180 mounted or attached on existing communication towers,
buildings or structures shall be permitted in any R District as
By: Mr. Franczyk an accessory use provided that the height of the new
HOMESTEAD70SOUTHSTREET communication tower or antenna shall not exceed 20 feet above
WHEREAS: The Common Council previously approved the the highest point of the existing communication towers,
homesteading of 70 South buildings or structures and that the number of total
Street by Ronnie Lopez, residing at 60 South Street; and, communication towers or antennas located on any single
WHEREAS: Ronnie Lopez is ineligible to homestead the city-structure is not excessive, does not adversely affect adjacent
owned property at 70 South St. because she is not the property properties and does not dominate in area, extent or purpose,
owner of 60 South St.; and, the principal lawful use or building.
WHEREAS: John Lopez is the owner of 60 South Street and
therefore is eligible to homestead 70 South Street; C. Communication towers or antennas that are proposed to be
THEREFORE BE IT RESOLVED: mounted or attached on existing communication towers,
That this Common Council approves the homesteading of 70 buildings or structures shall be permitted in any C, M, CM, DO,
South Street by John Lopez owner of 60 South Street. RR, II, TD District provided that the height of the new
REFERRED TO THE COMMITTEE ON COMMUNITY communication tower or antenna shall not exceed 20 feet above
DEVELOPMENT AND CORPORATION COUNSEL. the highest point of the existing communication towers,
NO.181 buildings or structures.
By: Ms. Lockwood
ORDINANCEAMENDMENT D. Communication towers or antennas that are proposed to
CHAPTER511-ZONING constructed, relocated, rebuilt or extended or that are proposed
The Common Council of the City of Buffalo does hereby ordain to be mounted or attached on existing communication towers,
as follows: buildings or structures shall be permitted in any SD District
That Chapter 511 of the Code of the City of Buffalo be provided that a Restricted Use Permit has been obtained
amended to add a new Article XXIX that shall read as follows: pursuant to Buffalo Code Section 511-55. In addition to the
ARTICLE XXIX factors contained in Buffalo Code Section 511-55, the
Communication Towers and Antennas Common Council may consider other factors consistent with
Section 511-156 Legislative Intent. the legislative intent of this Article as contained in Buffalo Code
Chapter 103, Article V11, Section 103-58. The Common
The intent of this Article is stated in Buffalo Code Chapter 103, Council may impose reasonable restrictions on any applicant
Article VII, Section 10358. as may be necessary to fulfill the legislative intent of this
Article. Any denial of an application by the Common Council
Section 511-157 Definitions. shall be made in writing and contained in a written record
specifying the reasons for the denial.
The following definitions shall apply to this Article in addition to
the definitions contained in Buffalo Code Section 511-4. E. Communication towers that are proposed to be
constructed, relocated, rebuilt or extended shall be permitted in
ANTENNA - Any device or exterior apparatus mounted on a any C or M District provided that a 100 % Clear Zone as
tower, building, utility pole, light pole or other structure defined in Section 511-157 is maintained and that the proposed
designed for telephonic, radio, data, Internet or television location for the communications tower is not within One
communications to transmit or receive communications signals Hundred (100) feet of any residentially zoned property. The
100% Clear Zone requirement can be lessened in the event Science's Buffalo Museum of Science; and
that the applicant provides information satisfactory to the WHEREAS: Today, the stated mission of the Tifft Nature
Commissioner of the Department of Community Development Preserve is to conserve the special environment of Tifft, and to
which will verify that in the event of a structural failure the tower provide environmental education and passive recreational
has been constructed and designed to fall within a zone opportunities for the people of the Greater Niagara Region; and
measuring less than the 100% Clear Zone. WHEREAS: The Buffalo Museum of Science, working in
conjunction with its Tifft Nature Preserve Committee, has set
Section 511-159 - Standards for Communication Towers and forth a vision and a series of guiding principles and goals for
Antennas. the Preserve; and
WHEREAS: The City of Buffalo and Tifft Nature Preserve
The following standards apply to all communication towers, entered into a 20 year lease agreement in 1977; and
antennas and accessory communication structures regulated WHEREAS: The lease recently expired, but the interest and
by this Article. support for the Preserve continues to grow; and
WHEREAS: With the submission of the South Buffalo
A. Communication towers shall be designed to provide for co-Redevelopment Plan, the future of the Preserve is ever more
location by additional providers, or designed so that they can be critical to the Plan's call for increased recreational,
retrofitted to accommodate additional providers. environmental, and economic development opportunities; and
WHEREAS: The Buffalo Museum of Science Board of
B. All communication towers and wires and anchors, if Directors, administrators, and staff stand ready and able to
applicable shall be enclosed by a fence of not less than eight work with the City to enhance the offerings at Tifft Nature
(8) feet in height or otherwise sufficiently protected from Preserve;
trespassing or vandalism. NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo Real Estate Director immediately enter
C. Communication towers shall either be gray in color, have a into negotiations with the Buffalo Museum of Science to extend
galvanized steel finish or be painted so as to reduce visual the lease for the Tifft Nature Preserve; and
obtrusiveness, unless otherwise required by the Federal BE IT FURTHER RESOLVED:
Aviation Administration ("FAA"). That the City of Buffalo Real Estate Director report to the
Common Council on the status of these negotiations at the next
D. Communication towers shall not be artificially lighted full meeting of the Buffalo Common Council, to be held on
unless required by the FAA or other applicable authority. If Tuesday, September 30, 1997.
lighting is required, the lighting alternatives and design chosen REFERRED TO THE COMMITTEE ON FINANCE,
shall to the fullest extent possible cause the least disturbance CORPORATION COUNSEL, COMMISSIONER OF
to the surrounding areas. COMMUNITY DEVELOPMENT AND BUFFALO MUSEUM
OF SCIENCE.
E. No signs or advertising materials of any nature shall be NO.183
allowed on any communication tower or antenna unless such By: Mrs. LoTempio
signs consist of warning signs or other notifications designed EXCUSECOUNCILMEMBERROBERTQUINTANAFROM
to alert the public to safety concerns. COUNCILMEETING:
WHEREAS: Councilmember Quintana will be out of town
F. Unless otherwise provided, communication towers, attending the Congressional Caucus
antennas and accessory communication structures shall in Washington, D.C.
comply with all existing setback requirements within any zoning Therefore Be It Resolved:
district. That Councilmember Robert Quintana be excused from the
September 16, 1997 Common Council meeting.
G. All accessory communication structures shall be designed, ADOPTED.
sited and screened to minimize its visibility from surrounding NO.184
public streets or neighborhoods using suitable materials, By: Mrs. LoTempio, Lockwood, Kavanaugh, Gray,
colors, textures, screening and landscaping. Williams and Messrs. Brown, Coppola, Czajka, Franczyk,
Helfer, Pitts and Zuchlewski
H. Communication towers and antennas that are proposed to
be mounted or attached on existing communication towers, ACCEPTCOUNTYFUNDSFORREPAIRINGKENMORE
buildings or structures shall be designed so as to make the AVENUE
equipment as visually unobtrusive as possible and to the full WHEREAS: Successful consolidation negotiations with Erie
extent possible shall be harmonious with the architectural fabric County have resulted in the County appropriating $400,000 for
of the supporting structure and the surrounding area. a 3" mill and overlay of 5 miles of the South Side of Kenmore
Avenue from Military Road to Main Street; and
Section 511-160 - Variances. WHEREAS: The total cost for this project has been
estimated at $500,000 and the City has budgeted $ 100,000
In the event that the requirements of this Article cannot be met, toward repaving part of Kenmore Avenue this year; and
any aggrieved party may file for a variance pursuant to the WHEREAS: This consolidation of effort and funding is a
procedures contained in Article XXIV of this Chapter. positive development for taxpayers as it will result in better and
more uniform maintenance of Kenmore Avenue while
Section 511-161 - Severability correcting the disparity of the County maintaining several town
roads while not currently maintaining any roads within the City
If any clause, sentence, paragraph or part of this local law or of Buffalo;
application thereof to any person or circumstance shall be NOW, THEREFORE, BE IT RESOLVED THAT:
adjudged by any court to be invalid, such judgment shall not This Common Council authorizes the Department of Public
affect, impair or invalidate the remainder thereof or the Works to accept $400,000 from the County of Erie to Account
application thereof to other persons and circumstances but # 200-401-507 of the Department's CHIPS Fund for use in
shall be confined in its operation to the clause, sentence, milling and overlaying Kenmore Avenue.
paragraph or part thereof and the persons and circumstances PASSED
directly involved in the controversy in which such judgment AYES- 13 NOES- 0
shall have been rendered. NO.185
APPROVED AS TO FORM By: Mr. Pitts
Michael Risman
Acting Corporation Counsel HEARINGONCLOSEDANDCHANGEDPOLLINGPLACES
REFERRED TO THE COMMITTEE ON LEGISLATION WHEREAS: The recent Democratic Primary held September
NO.182 9, 1997 provided a great deal of confusion among voters who
had not been properly informed about polling changes; and
By: Mrs. Lockwood WHEREAS: The Board of Elections adopted different polling
EXTENDINGLEASEFORTIFFTNATUREPRESERVE places without submitting a plan or public hearings. It did not
WHEREAS: Tifft Nature Preserve is a 264 acre parcel of City properly inform voters of the changes; and
of Buffalo-owned land located just south of the Buffalo River WHEREAS: On Primary Day voters who usually vote at
and just inland from the Buffalo Outer Harbor on Lake Erie; and certain polls were turned away, and told to go to other locations.
WHEREAS: Since 1972, Tifft has been managed as a nature In many cases voters went to two and three locations; and
preserve by two not-for-profit organizations, first by Tifft Farm WHEREAS: Complaints by voters have been riled with the
Inc., and since 1982, by the Buffalo Society of Natural Board of Elections and to Councilmembers' offices about
suspected voter irregularities; and lack of responsible signage with regard to political signs on
WHEREAS: While complaints have been logged from all City private property. Certain properties in the City of Buffalo have a
Council Districts, the bulk of complaints have come from the sign or signs measuring a total of four feet by eight feet (4x8),
Ellicott, Masten, Fillmore, Niagara and University Districts; and four feet by sixteen feet (4xl6), and even four feet by thirty-two
WHEREAS: The number of complaints has been significant. feet (402) respectively; the result is that some of the signs are
Additionally, the Erie County Board of Elections has an larger than the buildings on the properties; and
obligation to explain its lack of notification. WHEREAS: It is possible to reduce this unsightly
NOW THEREFORE BE IT RESOLVED THAT: infringement on our neighborhoods without interfering with free
The Common Council establish a hearing to allow voters to speech by simply eliminating these grossly oversized signs in
formally rile their complaints. favor of signs four feet by four feet (4x4) and smaller;
FURTHER BE IT RESOLVED THAT: The Common Council NOW, THEREFORE, BE IT RESOLVED:
request the Commissioners of the Board of Elections to appear That this Common Council requests that the Corporation
before the Council to answer questions and provide an Counsel draft an ordinance amendment to add the following to
explanation as why voters were not properly notified. the existing ordinances dealing with political signs:
REFERRED TO THE COMMITTEE ON LEGISLATION AND 1. political signs shall not be posted on either public or City
ERIE C0UNTY BOARD OF ELECTIONS. property
NO.186 2. political signs shall not be larger than four feet by four feet
By Mr. Pitts (4x4)
3. each private property in the City of Buffalo is limited to one
APPT.COMMITTEETRIBUTETOTEDNOLAN four-foot by four-
WHEREAS: Ted Nolan served as coach of the Buffalo foot (4x4) sign or, if smaller signs are used, the space
Sabres until the team decided not to rehire him earlier this year; equivalent to these measurements; and
and BE IT FURTHER RESOLVED:
WHEREAS: A Native North American who grew up on a That this Honorable Body requests that the Corporation
reservation in Ontario, Ted Nolan overcame tremendous odds Counsel file the aforementioned ordinance amendment in
and difficult obstacles to succeed as an NHL player; and Room 1308 City Hall before 2:00 p.m. Thursday, September
WHEREAS: After retiring as a player he became a coach, 25, 1997.
leading Sault Ste. Marie of the Ontario Hockey League to three REFERRED TO THE COMMITTEE ON LEGISLATION AND
consecutive Memorial Cup appearances, including a CORPORATION COUNSEL.
championship in 1993; and
WHEREAS: After one year as an assistant with Hartford he NO.188
became coach of the Buffalo Sabres in July 1995, taking over a By: Mr. Quintana
team that was experiencing a great deal of change and turmoil; WAIVESTREETPERMITFEES
and HERKIMERSTREETBLOCKCLUB
Whereas: The Herkimer Street Block Club is
WHEREAS: Despite lacking offensive firepower, Ted Nolan
turned the Sabres into a group of overachievers known as "the
planning a block party on Saturday, September 13,
hardest working team in hockey;" and
1997; and
WHEREAS: This past season Nolan astounded the hockey
Whereas: Among the planned activities are a
world by leading the Sabres to the Northeast Division
neighborhood "cook out" and a K-9 demonstration conducted
championship and a first-round playoff win over the Ottawa
by the Buffalo Police Department; and
Senators; and
Whereas: It is anticipated that this event will be a
WHEREAS: The National Hockey League recognized his
joyous day for all, with families and neighbors coming together
tremendous ability and accomplishments by awarding Nolan
to strengthen their community;
the Jack Adams Award as the league's best coach in the 1996-
Now, therefore be it resolved:
97 season, making him the first Sabres coach to ever receive
That the Buffalo Common Council waive all permit fees
that honor; and
related to the Herkimer Street Block Club's closing of Herkimer
WHEREAS: Ted Nolan was loved and respected by this
Street between Potomac and Perkiness Place on Saturday,
community not just for turning the Buffalo Sabres into winners,
September 13, 1997.
but also because of the family atmosphere he created, the
PASSES
strong work ethic he instilled in his players, and his genuine
AYES-12 NOES-0
concern he showed for others; and
WHEREAS: Unfortunately, for reasons that are still unclear
NO.189
and unfathomable to most Sabres fans, the Sabres
By: Mr. Quintana
organization chose not to retain Ted Nolan as the team's head
RE:ORDINANCEAMENDMENT
coach;and
CHAPTER413-STREETSANDSIDEWALKS
WHEREAS: Coach Nolan was held in such high esteem by
the people of Western New York that public rallies in support of
The Common Council of the City of Buffalo does hereby
him drew hundreds of fans, a virtually unheard of occurrence
ordain as follows:
for a coach in any sport; and
That Section 413-50 of Chapter 413 of the Code of the
WHEREAS: Although he is no longer the coach of the
City of Buffalo be amended to read as follows:
Buffalo Sabres, this community needs to find a way to pay
§ 413-50. Duty for removal; penalties for offenses.
tribute to him in a manner that truly reflects the great respect,
A. It shall be the duty of every owner or occupant of any
admiration and affection that the people in this area have for
premises abutting any public street to remove before 9:00 a.m.,
Ted Nolan;
all snow and ice which may have fallen upon the sidewalk
NOW THEREFORE BE IT RESOLVED:
abutting said premises. In case said sidewalk is not paved its
That the Council President appoint a Ted Nolan Tribute
full width, it shall be necessary to remove such snow or ice
Committee to plan a fitting homage to the inspirational former
from a space three (3) feet in width. The owner or occupant of
Buffalo Sabres coach who did so much for the team and the
lands fronting or abutting on any street, highway, traveled road,
community, and who remains a beloved figure in Buffalo and
public lane, alley or square, shall make, maintain and repair the
Western New York.
sidewalk adjoining his lands and shall keep such sidewalk and
ADOPTED.
the gutter free and clear of and from snow, ice and all other
NO.187
obstructions. Such owner or occupant and each of them, shall
be liable for any injury or damage by reason of omission, failure
By: Mr. Quintana
or negligence to make, maintain or repair such sidewalk.
APPROVED AS TO FORM
REQUESTORDINANCEAMENDMENTREGARDING
Michael B. Risman
POLITICALSIGNS
Corporation Counsel
WHEREAS: Political signs are a common sight throughout
NOTE: Matter underlines is new.
the City of Buffalo preceding local, state, and federal elections;
REFERRED TO THE COMMITTEE ON LEGISLATION
and
WHEREAS: Existing City of Buffalo ordinances address
NO.190
certain pertinent issues, including obtaining property owner's
By: Ms. Williams
consent before posting political signs, and length of time for
PERMISSIONTOERECTBANNER,TRINITYEPISCOPAL
which the signs may be posted; however in recent years, the
CHURCH,FOR"WHITEELEPHANTSALE"
placement of political signs in the City of Buffalo on both public
Whereas: The Trinity Episcopal Church "White
and City property has grown out of control; and
Elephant Sale" will be held October 31 and November 1, 1997,
WHEREAS: There are examples throughout the City of the
in the Trinity Church Parish located at 371 Delaware Avenue in
Buffalo; and directly undertake, fund or approve may have a significant
Whereas: In order to promote the "White Elephant impact on the environment, and, if it is determined that the
Sale", permission to erect a banner across Delaware Avenue in action may have a significant adverse impact, prepare or
front of the Trinity Episcopal Church at 371 Delaware Avenue request an environmental impact statement.
from October 12, 1997 through November 9, 1997 is D. This Chapter shall supplement 6 NYC 617. Where
requested; and there is a conflict between this Chapter and 6 NYC 617, 6 NYC
Whereas: Trinity Episcopal Church is familiar with the 617 shall supersede this Chapter.
banner requirements and will purchase the necessary §168-2. Definitions
insurance bonds before the banner is hung; As used in this Chapter, the following terms shall have the
Now, therefore be it resolved: following meanings:
That the Buffalo Common Council authorizes Trinity ACTIONS: Projects or physical activities, such as
Church to erect a banner across Delaware Avenue for its construction or other activities that may affect the environment
"White Elephant Sale", subject to conditions set forth by the by changing the use, appearance or condition of any natural
Commissioner of Public Works. resource or structure that: (I) are directly undertaken by an
PASSED agency; or (ii) involve funding by an agency; or
AYES-12 NOES-0 (iii) require one or more new or modified approvals from any
agency or agencies.
NO.191 AGENCY: A state or local governmental unit, including
By: Mr. Zuchlewski but not limited to the Common Council, departments, divisions,
SUBJECT---373HERTELAVENUE agencies, commissions, boards and officers.
Whereas: the Department of Community Development APPROVAL: A discretionary decision by an agency to
Division of Inspections, Licenses, and Permits renewed the issue a permit, certificate, license, lease or other entitlement or
issuance of a license to the owner of the aforementioned to otherwise authorize a proposed project or activity.
property on February 19, 1997, and CITY: The City of Buffalo.
Whereas: this license, number 7175, granted ENVIRONMENTAL ASSESSMENT FORM (EAF): A form
permission to have, keep, store, use, manufacture, sell, handle, used by an agency to assist it in determining the environmental
transport, apply and conduct combustible materials and significance or non-significance or actions. A property
hazardous chemicals at said property, and completed EAF must contain enough information to describe
Whereas: through an investigation made by the U.S. the proposed action, its location, its purpose, and its potential
Environmental Protection Agency (EPA), their determination impacts on the environment.
has found that this 80,000 square foot warehouse has ENVIRONMENTAL IMPACT STATEMENT (IS): A
approximately 10,000 drums of chemicals stored in the facility. written document which provides a means for agencies, project
Many of the drums are leaking, corroded and damaged and it sponsors and the public to systematically consider significant
is believed that some have been stored here for as long as 30 adverse environmental impacts, alternatives and mitigation. An
yr., and IS facilitates the weighing of social, economic and
Whereas: an Administrative Order on Consent with the environmental factors in the planning and early decision-
owner Donald Sadden, has been entered into with the EPA and making process.
cleanup efforts are expected to begin during the week of LEAD AGENCY: An agency principally responsible
September 18, 1997, and for undertaking, funding or approving an action, and therefore
Whereas: this situation has the potential of creating a responsible for determining whether an environmental impact
very serious adverse environmental impact to the area arid it is statement is required in connection with the action and for
anticipated that this project will take approximately ten (10) preparation and filing of the statement if one is required.
months to complete, and NEGATIVE DECLARATION: A written determination by a
Whereas: it is obvious that the owner/operator of this lead agency that the implementation of the action as proposed
company had little regard to properly containing and/or handling will not result in any significant adverse environmental impacts.
the chemicals in this building and has created a situation that POSITIVE DECLARATION: A written statement prepared
shows little to no regard to our environment and people who live by the lead agency indicating that implementation of the action
near this facility, and as proposed may have a significant adverse impact on the
Therefore, Be it Resolved, environment and that an environmental impact statement will be
That license number 7175 be revoked immediately to required. Positive declarations must be prepared, filed and
prevent any further chemicals from being brought into the published in accordance with 6 NYC 617.7 and 617.12.
facility while this clean up project is underway, and All other terms shall have the meaning as set forth in 6
Be it Further, NYC 617.2.
That the City of Buffalo does not re-issue a license to §168-3. General Rules
operate to Donald Sadden, owner of Hertel Warehouse, Inc. No agency involved in an action may undertake, fund or
AKA/Moorage Chemicals, AKA/Moorage Materials, Inc. without approve the action until it has complied with the provisions of
Common Council approval, and SEQR. The general rules shall be those found in 6 NYC
Resolved, 617.3.
That the Department of Licenses, Fire Department and §168-4. Type I Actions
Department of A. The purpose of the list of actions identified as Type
Community Development respond to this resolution by I is to identify for City agencies, project sponsors and the public
Tuesday, September those actions that may have a significant impact on the
30,1997. environment and that are more likely to require the preparation
REFERRED TO THE COMMITTEE ON LEGISLATION, of an environmental impact statement than unlisted actions.
COMMISSIONER OF COMMUNITY DEVELOPMENT, AND This Type I list is not exhaustive. However, the fact that an
COMMISSIONER OF FIRE. action or project has been listed as Type I action carries with it
the presumption that it is likely to have a significant effect on
NO.192 the environment. For all individual actions which are Type I, the
By: Mr. Zuchlewski, Mr. Franczyk and Ms. Kavanaugh determination of significance must be made by comparing the
ORDINANCEAMENDMENT impacts which may be reasonably expected to result from the
CHAPTER168-ENVIRONMENTREVIEW proposed action with the criteria listed in 6 NYCRR 617.11.
The Common Council of the City of Buffalo does hereby B. The Type I actions on this list are considered more
ordain as follows: likely to have a significant affect on the environment and may
That a new Chapter 168 of the Code of the City of Buffalo require the preparation of an EIS. Therefore, the procedural
be created to read as follows: requirements for Type I actions are more extensive than those
§168-1. Authority, Purpose and Intent of unlisted actions.
A. This Chapter shall be known as the "Environmental 1 . Adoption of a land use plan, zoning regulations, a
Review Ordinance." comprehensive resource management plan, master plan or
B. This Chapter is enacted pursuant to Article 8 of the urban renewal plan.
New York Environmental 2. Zoning changes affecting ten (10) or more acres of
Conservation Law and 6 NYC 617, State Environmental Quality an affected district.
Review (SEQR) regulations. 3. Granting of a zoning change at the request of an
C. The basic purpose of this Chapter is to incorporate applicant for an action contained in this fist.
the consideration of environmental factors into the existing 4. Acquisition, sale, lease or other transfer of fifty (50)
planning, review and decision-making processes of the City at or more contiguous acres of land by a City agency.
the earliest possible time. To accomplish this goal this Chapter 5. Construction of one thousand (1,000) or more
requires that all agencies determine whether the actions they residential units.
6. Activities, other than the construction of residential 1. The maintenance or repair involving no substantial
facilities, which meet or exceed any of the following thresholds; changes in an existing structure or facility.
or the expansion of existing nonresidential facilities by more 2. Replacement, rehabilitation or reconstruction
than 50 percent of any of the following thresholds: of a facility, in kind, on the same site unless such facility meets
a. a project or action which involves the physical or exceeds any of the thresholds in (Type I Section 168-4).
alteration of 10 acres; This includes the replacement of existing building fabric,
b. a project or action which would use ground or structural or landscaping features with new fabric which will
surface water in excess of 2,000 gallons per day; exactly match existing conditions in terms of materials,
c. parking of 1,000 vehicles; methods of construction, styles, designs and all other features,
d. construction of a facility with more than 240,000 3 The granting of individual setback and lot line
square feet of gross floor area; variances;
7. Any unlisted action (unless that action involves 4. Repaving of existing streets or highways not
replacement in kind to exactly match existing building fabric, or involving the addition of new travel lanes;
existing historic landscape features, in terms of designs, styles, 5. Street openings and right-of-way openings for the
materials, and methods of construction, affecting or occurring purpose of repair or maintenance of existing facilities;
wholly, partially within or substantially contiguous to: (a) any 6. Installation of traffic control devices on existing
historic district, site, individual building, object or archeological street, roads, and highways;
site that is listed on, the National Register of Historic Places, or 7. Construction or placement of minor structures
listed on the New York State Register of Historic Places; (b) accessory or appurtenant to existing facilities including
any historic district, site, individual building, object, or garages, carports, patios, decks, tennis courts, storage sheds,
archeological site that has been proposed by the New York signage, satellite dishes, home swimming pools, fences, barns
State Board on Historic Preservation for a recommendation to or other buildings not changing land use or density including
the State Historic Preservation Officer for nomination for upgrading of buildings to meet building or fire codes. This
inclusion in the National Register, or (c) any individual provision does not include billboards or communications
landmark building, district or site, designated as such under the towers.
Buffalo Preservation Code (Chapter 337 of the Code of the City 8. Maintenance of existing landscaping or natural
of Buffalo). growth;
8. Any unlisted action, which exceeds twenty-five 9. The disposition, including sale, lease or other
percent (25%) of any threshold in this section, occurring wholly transfer of City-owned property provided that such parcel is
or partially within or substantially contiguous to any publicly less than fifty (50) acres in size;
owned or operated parkland, recreation area or designated 10. Street maintenance including:
open space (except as provided for in subdivision B (7) of this a. Street milling.-
section -- Olmsted Parks & Parkways), including any site on b. Street resurfacing;
the Register of National Natural Landmarks pursuant to 36 c. Chip-sealing;
C.F.R. Part 62, 1986. d. Curb replacement or repair;
9. Any unlisted action which may affect or take place e. Street construction within the existing right-of-way
wholly, partially within, or substantially contiguous to, land not involving widening which would add travel lanes;
within the base flood plain (100 year), designated wetlands, f. Street rehabilitation;
coastal zones, heavily wooded land or land identified by the g. Sidewalk replacement or repairs;
New York State Department of Environmental Conservation as h. Street lighting repair;
contaminated, or possibly contaminated, by industrial waste, i. Street replacement;
and which involve the following: j. Water and sewer line repairs or replacements with
a. Zoning variances, rezonings, site plan reviews, minimal change in capacity.
amendments to Master Plans, Planning Board approvals or 11. Granting of an area variance(s) for a single family,
issuance of a building permit. two family or three family residence.
b. New road construction. 12. Public or private forest management practices on
c. Clear-cutting of trees. less than ten acres of land, but not including waste disposal,
d. New Construction, or a fifty percent (50%) or greater land clearing not directly related to forest management, clear-
expansion of the following: cutting or the application of herbicides or pesticides.
(I) Commercial facilities. 13. Landscaping improvements within the public right-
(ii) Industrial facilities. of-way, except as provided in Historic Districts and Olmsted
(iii) Residential units. Parks (as per Type I Section 168-4 (B)(7)).
(iv) Public or private utility stations, sewage treatment 14. Replacement of existing street furniture and play
plants, water facilities, waste water treatment facilities. equipment for established parks and play grounds except as
( v) Transportation terminals. provided Historic Districts and Olmsted Parks (as per
(vi) Parking lots. Type I Section 168-4 (B)(7)).
(vii) Health care facilities such as hospitals and nursing 15 Permits authorizing the conduct of temporary private
.
homes.
activities on the public streets.
10. Removal of one-third (1/3) or more of all trees along
16. License agreements for the temporary use of public
the length of a street frontage, without replacement (except as
park property involving groups of less than one thousand (I
provided from subdivision B (7) of this section).
000) people.
11. Reconstruction of any existing roadway (except as
17. Issuance of certificates of occupancy.
provided for in subdivision B
18. Mapping of existing roads, street, highways and
(7) of this section), which would result in:
uses.
a. A total widening of the pavement by two (2) or more
19. Official Street Map amendments of the following
travel lanes.
nature:
b. Any diminution of any unpaved median strip.
a. Street dedications;
12. The construction or fifty percent (50%) expansion of
b. Minor right-of-way changes (realignments), including
the following types of facilities wholly, partially within, or
reservations for future widening; and deletion of widening lines;
substantially contiguous to a Critical Flood plain (500 year):
c. Street naming or name changes;
a. hospitals, schools, nursing homes, day care centers,
d. Street abandonments which involve unimproved
clinics;
paper streets.
b. liquefied natural gas terminals and facilities
20. Inspections and licensing activities relating to the
producing and storing highly volatile, toxic, or water reactive
qualifications of individuals or businesses to engage in their
materials,
business or profession;
c. facilities having emergency services, utilities, and
21. Sales of surplus City Property other than real estate;
irreplaceable records.
22. Collective bargaining activities;
13. Any unlisted action which exceeds a Type I
23. Investments by or on behalf of City agencies,
threshold established by an involved agency pursuant to 6
pension systems or retirement systems;
NYCRR 617.14.
24. Routine or continuing agency administration and
§168-5. Type H Actions
management not including new programs or major reordering
A. Actions or classes of actions which have been
or priorities;
determined not to have a significant effect on the environment
25. License, lease and permit renewals or transfer of
are classified as Type 11 actions. They do not require
ownership thereof, where there will be no material change in
environmental impact statements or any other determination or
permit conditions in or the scope of permitted activities;
procedure under this Chapter.
26. Information collection including: basic data collection
B. The following are Type 11 actions:
and research; master plan study components; water quality,
and pollution studies; traffic counts- engineering studies; i. Purchase, sale or lease of City owned property.
subsurface investigations, surveys and soils studies that do not 3 BUFFALO PRESERVATION BOARD - for the
commit the agency to undertake, fund or approve any Type I or following actions (except as provided for in subdivision 7 of this
unlisted action. section):
27. Official acts of a ministerial nature involving no a. Actions occurring only within locally designated
exercise of discretion, including building permits, and historic historic districts, or affecting individual local landmarks and
preservation permits where issuance is predicated solely on the sites, which requires a certificate of appropriateness, or other
applicant's compliance or non-compliance with the relevant approval as per Chapter 337, and which involve any of the
local building or preservation code(s). following:
28. Minor temporary uses of land having negligible or no (i) the exterior restoration, renovation or reconstruction
permanent effect on the environment. of buildings;
29. The extension of utility distribution facilities, (ii) the construction of exterior building additions;
including gas, electric, telephone, (iii) exterior building demolitions;
cable, water and sewer to render service in approved (iv) construction of new buildings, structures or other
subdivision or in connection with any action on this list. facilities and site improvements.
30. Promulgation of regulations, policies, procedures, 4. DEPARTMENT OF COMMUNITY
and legislative decisions in connection with any Type 11 action DEVELOPMENT - for the following actions (except as provided
in this section. for in subdivision 7 of this section):
31. Conducting concurrent environmental, engineering, a. Issuance of building and demolition permits (except
economic feasibility and other studies and preliminary planning as provided for in subdivision 3 of this section).
and budgetary processes necessary to the formulation of a b. Issuance of licenses.
proposal for action, provided those activities do not commit the c. Capital budget actions undertaken, or requiring
agency to commence, engage in or approve such action. approval, by the Department of Community Development.
32. Adoption of regulations, policies, procedures in local DEPARTMENT OF PUBLIC WORKS - for the
5.
legislative decisions in connection with any action on this list.
following actions (except as provided in subdivisions 3 and 7 of
33. Purchase or sale of furnishings, equipment or
this section):
supplies, including surplus government property, other than the
a. Construction of City owned buildings and facilities.
following: land, radioactive material, pesticides herbicides or
b. Renovation, restoration, rehabilitation, alterations of
other hazardous materials.
City-owned buildings, facilities and other property.
34. Engaging in review of any part of an application to
c. Renovation and expansion of existing, or installation
determine compliance with technical requirements, provided
of new street lights, water lines and street furniture.
that no such determination entitles or permits the project
d. Construction or reconstruction of roads, curbs and
sponsor to commence the action unless and until all
sidewalks.
requirements of this part have been fulfilled.
e. Construction, rehabilitation or expansion of parks
35. Civil or criminal enforcement proceedings, whether
and park facilities.
administrative or judicial, including a particular course of action
f. Actions occurring within local historic districts or
specifically required to be undertaken pursuant to a judgment
affecting local landmarks so designated under Chapter 337,
or order, or the exercise of prosecutorial discretion.
occurring wholly or partially within, or substantially contiguous
36. Adoption of a moratorium on local development or
to, any historic building, structure, district that is listed on or
construction.
nominated to the National Register of Historic Places or that is
37. Interpreting an existing code, rule or regulation.
listed on the State Register of Historic Places, provided that the
38. Designation of local landmarks or their inclusion
Buffalo Preservation Board does not have jurisdiction under
within historic districts.
Chapter 337 and subdivision A(3) of this section.
39. Emergency actions that are immediately necessary
6. BUFFALO MUNICIPAL HOUSING AUTHORITY -
on a limited and temporary basis for the protection or
for the following actions:
preservation of life, health, property or natural resources,
a. All public housing programs under Title I of the
provided that such actions are directly related to the emergency
United States Housing Act of 1937 in accordance with Section
and are performed to cause the lease change or disturbance,
26 (42 USC 1437x)(including mutual help programs).
practicable under the circumstances, to the environment. Any
b. Assistance by the public housing agency under
decision to fund, approve or directly undertake other activities
Section VIII of the United States Housing Act of 1937 except
after the emergency has expired is fully subject to the review
for assistance under 24 C.F.R. Part 886 as per Section 26 (42
procedures of this Chapter.
USC 1437x).
40. Grandfathered actions as set forth in 6 NYCRR
7. BUFFALO URBAN RENEWAL AGENCY - for the
617.5(c)(34).
following actions:
§168-6. Initial Review of Actions
a. Actions involving funding by the United States
Procedures for the initial review of actions shall be as set
Department of Housing and Urban Development (HUD)(except
forth in 6 NYCRR 617.6(a).
as provided for in subdivision 6 of this section and except for
§168-7. Establishment of Lead Agency
HUD special purpose grants).
A. Automatic Designation of Lead Agency
B. Where there is no automatic designation, the
For certain directly undertaken Type I and
procedures as set forth in 6 NYCRR 617.6(b) shall be followed.
unlisted actions or Type I and unlisted actions requiring permits
C. Lead agencies automatically designated pursuant to
or approval when more than one City agency is involved, the
this section shall perform a coordinated review for all unlisted
lead agency shall automatically be:
actions and shall file a negative declaration pursuant to 6
1. CITY OF BUFFALO PLANNING BOARD - for the
NYCRR 617.18.
following actions (except as provided for in subdivision 7 of this
§168-8. Notice to the Buffalo Environmental Management
section):
Commission (EMC)
a. Subdivision developments.
A. Whenever a full environmental assessment form is
b. Site Plan Review.
required, the designated lead agency shall promptly notify the
c. Landfills.
EMC, notification shall include submission of a completed Part
d. Transit Station Site Plan Review
I EAF.
2. CITY OF BUFFALO COMMON COUNCIL - for the
B. The EMC shall be incorporated into all SEQR
following actions (except as provided for in subdivision 7 of this
notification and review procedures as set forth in 6 NYCRR
section):
617.12.
a. Adoption of, and amendments to, the Charter and
§168-9. Determining Significance
Code of the City.
Procedures and criteria for determining significance shall
b. Establishment of, and amendments to, Urban
be those set forth in 6 NYCRR 617.7.
Renewal Plans.
§168-10. Scoping
c. Establishment of, and amendments to, City Master
The scoping process shall be as set forth in 6 NYCRR
Plans.
617.8.
d. Actions undertaken wholly or partially within, or
§168-11. Preparation and Content of Environmental
contiguous to, Coastal Special Review Districts (as per
Impact Statements
Chapter 511 of the Code).
The procedures for preparing environmental impact
e. Amendment or change in land use and development
statement (EIS) shall be as set forth in 6 NYCRR 617.9(a).
of ordinances and regulations.
The content of EIS's shall be as set forth in 6 NYCRR
f. Planned developments.
617.9(b).
g. Cluster developments.
§168-12. Generic Environmental Impact Statements
h. Official street map amendments.
The description, purpose and procedures for generic
EIS's shall be as set forth in 6 NYCRR 617.10. Felicitation for. Mrs. Mattie L. Green Day
§168-13. Decision Making and Finding Requirements By Councilmember Gray
Decision-making and finding requirements shall be as set Felicitation for Libbett's Family Reunion
forth in 6 NYCRR 617.1 1. By Councilmember Pitts
§168-14. Document Preparation, Filing, Publication and ADOPTED.
Distribution
Document preparation, filing, publication and distribution NO.196
requirements shall be as set forth in 6 NYCRR 617.12. By: Mr. Zuchlewski
§168-15. Fees and Costs APPOINTMENTS
Fees and costs for the preparation and review of draft and COMMISSIONEROFDEEDS
final EIS's shall be as set forth in 6 NYCRR 617.13. That the following persons are hereby appointed as
It is hereby certified, pursuant to Section 34 of the Commissioner of Deeds for the term ending December
Charter, that the immediate passage of the foregoing ordinance 31,1998 , conditional upon the person so appointed certifying
is necessary. under oath to their qualifications and filing same with the City
APPROVED AS TO FORM Clerk:
Michael B. Risman Mark F. Cassidy
Corporation Counsel Susan H. Judd
PASSED Jerome McIntee
AYES-12 NOES-0 Frank W. Sims
ADOPTED
NO.193
By: Councilmembers Zuchlewski & Quintana UNFINISHEDBUSINESS
REFUND-517FARGO
Whereas: a fee of $75.00 was paid to the City of NO.197
Buffalo-Division of Buildings by Lawrence J. Magietto, the BONDRES.$2,675,000-RECONSTR.
owner of the aforementioned property, and EMERSONSCHOOL
Whereas: shortly after paying this fee for a Certificate (NO.202,C.C.P.,JULY22,1997)
of Occupancy, Mr. Magietto was informed that it was not Mrs. LoTempio that the above item be taken from the
necessary that his certificate be updated because his property table.
Seconded by Mr. Czajka.
was considered ' a Row Dwelling, separated by firewalls, and
Whereas: Gary Ziolkowski, Director of Inspections has
CARRIED
notified Mr. Magietto that Row Dwellings do not require an
Mrs. LoTempio now moved the approval of the above
updated Certificate of Occupancy and therefore, he is due a
item; seconded by Mr. Czajka.
refund which must be requested through the Common Council,
PASSED
and
AYES-12 NOES-0
Now, Therefore, Be it Resolved:
That the Common Council grant permission for the City of
NO.198
Buffalo Department of Finance to refund Larry Maglietto for this
BONDRES.$540,000-RENOVATEBROADWAYMKT.
fee, and
(NO.129,C.C.P.,SEPT.2,1997)
Resolved:
Mrs. LoTempio that the above item be taken from the
That a check in the amount of $75.00 be refunded to
table.
Larry Maglietto and mailed to him at 107 Claremont Avenue-
Seconded by Mr. Czajka.
Buffalo, New York 14213.
CARRIED
PASSED
Mrs. LoTempio now moved the approval of the above
AYES-12 NOES-0
item; seconded by Mr. Czajka.
PASSED
NO.194
AYES-12 NOES-0
By: Mr. Zuchlewski
CLOSINGWESTAVENUEBETWEENFOREST
NO.199
AVENUEANDTONAWANDAST.
ANNOUNCEMENTOFCOMMITTEEMEETINGS
Whereas: The North District Council Office has
The following meetings are scheduled. All meetings are
received numerous complaints of illegal dumping on West
held in the Council Chambers, 13th floor, City Hall, Buffalo,
Avenue between Forest Avenue and Tonawanda St.; and
New York, unless otherwise noted
Whereas: Many residents and business owners alike
Regular Committees
believe that this illegal dumping also includes hazardous waste
Civil Service - Tuesday, Sept. 23, 1997, at 9:30 AM.
materials; and
Finance - Tuesday, Sept. 23, 1997 - following Civil Service.
Whereas: The closing of West Avenue between Forest
Legislation - Tuesday, September 23, 1997 at 2:00 PM.
Avenue and Tonawanda would immediately discourage the
Community Development - Wed., Sept. 24, 1997, 10:00 AM.
illegal dumping and restore a sense of security to the
Education - Wed., Sept. 24, 1997, 2:00 PM - Rm 1417.
surrounding neighborhood; and
Ancillary Meetings
Whereas: Westwood Squibb, a business located on
Special meeting on Telecommunications held on Wednesday,
Forest Avenue, has also requested that this portion of West
September 17, 1997 at 10:00 o'clock p.m. in Rm 1417
Avenue be closed and has offered to provide security for the
Claims Committee Meeting held on Wednesday, September
area once the street has been closed.
24, 1997, at, 9:00 o'clock a.m. in Council Chambers
Now, Therefore, Be It Resolved That:
Gretchen A. Pound,
This Common Council requests that the Department of
Council Reporter
Public Works, the Buffalo Police Department and the Buffalo
Fire Department to review this resolution and report back to this
NO.199
Council on the feasibility of closing West Avenue between
ADJOURNMENT
Forest Avenue and Tonawanda St.; and
On a motion by Mrs. LoTempio, Seconded by Ms.
That the Department of Community Development review
Kavanaugh the Council adjourned at 4:55 p.m.
or report back on the effect such closing might have on the
CHARLES L. MICHAUX, III
planned construction of the Czajaquada Pathway.
CITY CLERK
Be It Further Resolved That
The Department of Community Development, The
Department of Public Works, the Buffalo Police Department
and the Buffalo Fire Department file their report with this
Council by 2:00 pm Thursday, September 25, 1997.
NO.195
By: Mr. Zuchlewski
FELICITATIONS/INMEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for Alabama G.C. Club
By Councilmember Gray