HomeMy WebLinkAbout97-1112
No. 21
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
NOVEMBER 12, 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,NOVEMBER12,1997) conversion is considered an unlisted action which may be
AT2:00P.M. studied through uncoordinated review.
The Planning Board voted to approve the proposed
PRESENT - and and Council Members Brown, conversion.
Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, RECEIVED AND FILED.
Lockwood, LoTempio, Pitts, Quintana, Williams and
Zuchlewski - 12. NO.4
P.D.S.CONTRACTINGINC.,REQUESTTOPLACE
ABSENT - James W. Pitts, Acting Mayor - 1 ABILLBOARDSIGNAT199SCOTTSTREET
ITEMNO.84,C.C.P.,10/28/97
On a motion by Mrs. LoTempio, seconded by Mr. The City Planning Board at its regular meeting held
Czajka, the minutes of the stated meeting held on Wednesday, November 5, 1997 considered the matter
October 28, 1997 were approved. captioned above pursuant to Section 387-19 of the Buffalo
Code, Review of Billboard Signs.
FROMTHEMAYOR The applicant seeks to place a non accessory sign on
FROMTHEMAYOR-EXECUTIVEDEPARTMENT a nine-story building. The sign will be placed between the
seventh and eight stories and will be oriented to viewing from
FROMTHECITYPLANNINGBOARD Scott Street and Michigan Avenues. The proposed sign will
measure 20 feet by 60 feet which will yield a sign face area of
NO.1 1,200 square feet. Under the Buffalo Code, Section 511-
LDA- 104,2,(b), the maximum area for a single faced non accessory
SOUTHELLICOTTPHASEIIURBANRENEWALPLANsign should not exceed 675 square feet.
AMENDMENT-BLOCKS4,10AND15(HRG.11/25/97) Under SEQR the proposed sign is considered an
The original South Ellicott Urban Renewal Plan, was approved unlisted action which may be studied through uncoordinated
June 13, 1972, C.C.P. No. 108. Phase II of the South Ellicott review.
Urban Renewal plan was approved June 27, 1989, C.C.P. 170. The Planning Board voted to approve the proposed
This amendment will allow for a change in land use on the sign with the condition that its area does not exceed 675
southern portion of block 4 bordered by Spring St., Myrtle St., square feet in area.
and Hamburg St. from residential to commercial/light industrial RECEIVED AND FILED.
development. This amendment also allows for the acquisition
of land on Block 4, Parcels 16 - 19; Block 10, Parcel 10; and NO.5
Block 15, Parcels 1 - 6. P.GRAMAGLIA,PETITIONTOREZONE363
The City Planning Board gave its unqualified approval to the DINGENSSTREETFROMR2TOCM
plan amendment at its October 7, 1997 meeting. This report ITEMNO.81,C.C.P.,10/28/97
from the City Planning Board is a prerequisite to Common The City Planning Board at its regular meeting held
Council action. Wednesday, November 5, 1997 considered the matter
Upon receiving this Planning Board report, it is respectively captioned above pursuant to Section 511-326 of the Buffalo
requested that your Honorable Body conduct a public hearing Code, Amendments to the Zoning Ordinance.
on November 25, 1997, and act on the plan amendment. The applicant seeks to rezone 29,106 square feet of
REFERRED TO THE COMMITTEE ON COMMUNITY property from R2 to CM. The purpose of the rezoning will be to
DEVELOPMENT. allow for the development of a self service storage operation.
The Board discussed the impact of this stated use on adjacent
residential fabric and determined that the proposed use would
NO.2 involve minimum traffic increases, no noise, and through a
B.ANDREWS,REQUESTTOERECTABILLBOARD carefully crafted site plan, an attractive buffer for adjacent
SIGNAT285SOUTHSIDEPARKWAY homeowners. Moreover, since the site is vacant and is
ITEMNO.78,C.C.P.,10/28/97 bordered by a Thruway ramp, the Board felt that the proposed
The City Planning Board at its regular meeting held rezoning and subsequent development would be an
Wednesday, November 5, 1997 considered the matter improvement to the area.
captioned above pursuant to Section 387-19 of the Buffalo Under SEQR the proposed rezoning is considered
Code, Review of Billboard Signs. an unlisted action which may be studied through uncoordinated
The applicant seeks to erect a non accessory sign at review.
285 Southside Parkway. Under the Buffalo Code, Section 511- The Planning Board voted to approve the proposed
104,C,5, no non accessory sign may be erected within 200 feet rezoning.
of any parkway if it faces such parkway and is visible REFERRED TO THE COMMITTEE ON LEGISLATION.
therefrom. Moreover, the sign would also be visible from
McKinley Parkway and from Heacock Park which is located at NO.6
the intersection of McKinley Parkway, Southside Parkway, and SUPERMARKETMANAGEMENTINC.-PETITIONTO
Abbott Road. REZONE401NIAGARA,184MARYLAND,260TO312
Given this, the Board voted to deny the proposed sign. PROSPECT(EVENNUMBERSONLY)AND185HUDSON
RECEIVED AND FILED STREET
ITEMNO.83,C.C.P.,10/28/97
NO.3 The City Planning Board at its regular meeting held
R.LAPLANTE,REQUESTTOCONVERTAVACANT Wednesday, November 5, 1997 considered the matter
STOREINTOASIT-INRESTAURANTAT783-785 captioned above pursuant to Section 511-126 of the Buffalo
ELMWOODAVENUE Code, Amendments to the Zoning Ordinance.
ITEMNO.79,C.C.P.,10/28/97 The applicant seeks to rezone 185 Hudson Street, 184
The City Planning Board at its regular meeting held Maryland Street, 260 to 312 Prospect Avenue (even numbers
Wednesday, November 5, 1997 considered the matter only) and a portion of 401 Niagara Street from R3 to C2. The
captioned above pursuant to Section 511-56 of the Buffalo total area sought to be rezoned is 72,810 square feet. The
Code, Review of Eating and Drinking Places in the Elmwood rezoning is the first step in a process which will allow for the
Business District. development of a new supermarket to serve the needs of the
The applicant seeks to convert a vacant retail store into Lower West Side, its environs and the City and region as a
a sit-in restaurant. The gross floor area of the proposed whole. The new supermarket has been an integral part of the
conversion will be 2,700 square feet. Under the Buffalo Code, ongoing revitalization planning efforts undertaken by the City for
Section 511-56,E,9, the maximum floor area for a single this important gateway neighborhood and has been
business outlet in the Elmwood Business District should not incorporated into the City's Consolidated Plan.
exceed 2,500 square feet. The Board felt, however, that this Under SEQR the proposed rezoning is considered an
matter is mitigated by the fact that the proposal does not involve unlisted action which may be studied through uncoordinated
new construction but rather the conversion of existing retail review.
space. The Planning Board voted to approve the proposed
Parking was also considered by the Board. If the rezoning.
proposed conversion was to be new construction rather than REFERRED TO THE COMMITTEE ON LEGISLATION.
the conversion of existing space, the applicant would be
required to provide 18 off-street parking spaces. The Board FROMTHECOMPTROLLER
recommended that pursuant to the Buffalo Code the applicant
seek off site parking spaces. Under SEQR the proposed NO.7
AUDITEDFINANCIALSTATEMENTSOFBUFFALOComptroller's Office, Division of Real Estate for a response.
WATERBOARDFORYEARSENDEDJUNE30,1997ANDThe Common Council is questioning how a determination was
1996WITHREPORTOFINDEPENDENTAUDITORS made to select the purchaser for the above captioned property.
This is to advise that copies of the Audited Financial Please be advised that the Division of Real Estate is
Statements and Other Financial Information of the Buffalo in receipt of a copy of a letter to Councilmember Quintana from
Water Board for the years ended June 30, 1997 and 1996 with Michael M. Blinkoff & Associates dated January 27, 1997
Report of Independent Auditors, Ernst & Young, LLP, have advising that they have a client interested in purchasing the
been distributed to members of the Buffalo Water Board, each former Precinct #5. Councilmember Quintana submitted a
Councilmember, the City Clerk, the Mayor, the Comptroller, the resolution, Item No. 179 of June 10, 1997 which authorized this
Division of Accounting and the Budget Office. office to abandon former Precinct #5 building in accordance to
This report is available as a public record for inspection by all Article 27, Sections 513 & 514 of the City Charter.
interested parties. Mr. Blinkoff's client, Ronald Alsheimer, was the only
Pursuant to Section 35 of the General Municipal Law, the person that submitted a letter of interest requesting to
Common Council of the City of Buffalo may, at its discretion, purchasing this property. The Comptroller's Office, Division of
prepare a written response to the report of external audit and Real Estate, advised Mr. Blinkoff's Office of the procedures to
file such response with the City Clerk as a public record for follow in order to purchase a capital asset, Article 27 - Section
inspection by all interested persons. 513 & 514 of the City Charter. Mr. Blinkoff's client, Mr.
REFERRED TO THE COMMITTEE ON FINANCE, Alsheimer, has followed the procedures outlined in the City
COMMISSIONER OFPUBLIC WORKS, BUFFALO Charter. Mr. Alsheirner has petitioned Supreme Court for the
WATER BOARD AND CORPORATION COUNSEL, appointment of two appraisers for the purpose of fixing the
value of the interest of the city in such property. This petition
NO.8 was filed with the Erie County Clerk's Office on September 2,
RENEWALOFLEASEAGREEMENTBETWEENTHECITY1997. Mr. Alsheimer has also submitted a report of the
OFBUFFALO&SOUTHBUFFALOPOST#721,AMERICANappraisers indicating that both appraisers concur that the
LEGIONINC.,FORUSEOF:136CAZENOVIASTREET current fair market value of the Real Property is the median
ITEM#10,C.C.P.10/27/92 between the two estimates, namely: $55,000. This report of
Pursuant to Item #10, 10-27-92, Your Honorable Body appraisers was filed with the Erie County Clerk's Office on
approved a lease between the City of Buffalo and the South October 21, 1997. As Your Honorable Body is aware our
Buffalo Post #721, American Legion Inc., for the Use of 136 results of negotiations were filed with the Common Council,
Cazenovia Street. The present Ilease expires on November 30, Item No. 22, C.C.P. October 28,1997.
1997. Based on the above information, we are requesting
South Buffalo Post #721, American Legion Inc., is Your Honorable to approve Item No. 22, C.C.P. 10/28/97,
requesting they be permitted to renevi the lease under the which requests Your Honorable Body to approve the sale of
same terms and conditions as the present lease, with the 323 West Ferry to Ronald Alsheimer in the amount of Fifty-Five
exception of the following: the tenant shall be responsible for Thousand Dollars ($55,000).
the cost of the garbage user fee. Mrs. LoTempio moved:
South Buffalo Post #721, American Legion Inc., is That the Comptroller be and he hereby is authorized to
requesting a '5) five year lease, to commence on December 1, abandon and sell 323 West Ferry to Ronald Alsheimer in the
1997 and expire on November 30, 2012. The annual rental to amount of $55,000.
be charged is $1.00 a year, payable in advance. Insurance is PASSED.
to be provided, saving the City of Buffalo harmless from any AYES-12. NOES-0.
liability as set forth per Item #1 97. C.C.P. 3/31/87.
This office approves and recommends acceptance of this lease NO.11
renewal. LEASEAGREEMENTBETWEENTHECITYOFBUFFALO
REFERRED TO THE COMMITTEE ON FINANCE AND ANDTHEMASSACHUSETTSAVENUEPROJECT
CORPORATION COUNSEL. (WELLNESSINSTITUTE:OFGREATERBUFFALO)-
PORTIONOF378MASSACHUSETTS
NO.9 ITEMNO.66,C.C.P.9/16/97
RENEWALOFLEASEAGREEMENTBETWEENTHECITY The Comptroller's Office, Division of Real Estate,
OFBUFFALO& held a meeting In reference to the leasing of 378
SOUTHBUFFALOCOMMUNITYDEVELOPMENTMasssachusetts to both the Massachusetts Avenue Project,
ASSOCIATIONFORUSE under the umbrella of the Wellness Institute of Greater Buffalo
OFAPORTIONOFFORMERSCHOOL#29LOCATEDATand the West Side Emergency Food Center - Helpings Hands
2219SOUTHPARK of Greater Buffalo.
AVENUE As a result of this meeting the Comptroller's Office,
ITEM#10,C.C.P.11/10/92 Division of Real Estate Is requesting that Your Honorable Body
Pursuant to Item #10, November 10, 1992, Your Honorable approve a one year lease to commence on January 1, 1998 and
Body approved a lease between the City of Buffalo and the expire on December 31, 1998. This both the
will allow
South Buffalo Community Development Association for the
Wellness Institute’s lease agreement and the Helping Hands
Use of various rooms at Former School #29, namely Room #s
lease expire at the same time.
221, 222, 235, Storage Room #26, Faculty Lunchroom and
The lease agreement will Include the following terms and
Gymnasium. The present lease expires on December 31,
conditions:
1997.
1. The annual rental fee shall be One Dollar ($1.00)
South Buffalo Community Development Association is
2. The Wellness Institute shall have exclusive access to
requesting they be permitted to renew the lease under the
Room 101 (Office).
same terms and conditions as the present lease, with the
3. They shall share the first floor lavatories and common
exception of the following: the tenants of the City of Buffalo are
areas of the premises (hallways, stairwells, and entire outside
now going to be responsible for the garbage user fee. This fee
area, etc.) the West Side Emergency Food Center (d/b/a
with
shall be divided equally into the number of tenants occupying
Helping Hands of Greater Buffalo).
this building.
4. The Wellness Institute will be permitted to use the
South Buffalo Community Development Association is
second floor meeting room (Food Pantry) except Monday -
requesting a (5) five year lease, to commence on January 1,
Friday between the hours of 7:00 a.m. - 2:00 p.m., during
1998 and expire on December 31., 2002. The annual rental to
which time the West Side Emergency Food Center (Helpings
be charged is $1.00 a year, payable in advance. Insurance is
Hands of Greater Buffalo) WI be utilize this space.
to be provided, saving the City of Buffalo harmless from any
5. They shall leave all shared areas clean, orderly and
liability as set forth per Item #197, C.C.P. 3/31/87.
properly remove all debris upon leaving.
This office approves and recommends acceptance of this lease
6. Both occupants shall share the cost of the
renewal.
garbage user fee.
REFERRED TO THE COMMITTEE ON FINANCE
,
7 . Both occupants shall share the cost of minor repairs and
CORPORATION COUNSEL AND COMPTROLLER.
maintenance to the outside of the premises and the shared
portions of the interior of the premises. The Wellness Institute
NO.10
shall be responsible for the cost of minor repair and
RESPONSETORESULTSOFNEGOTIATIONS
maintenance of Room 1 01, which they solely have access to.
323W.FERRY
8. The Wellness Institute shall provide insurance
FORMERPRECINCT#5
saving the City harmless from any liability, as set forth per Item
ITEMNO.22,C.C.P.10/28/97
#197, C.C.P. 3/31/97 - Insurance Requirements for lease of
The above referenced item was referred to the
city-owned properties.
9. The lease shall have a 30 day cancellation clause by Mrs. LoTempio moved:
either party. That the Comptroller be and he hereby is authorized to
I am recommending Your Honorable Body to renew the lease for 378 Massachusetts Avenue to both the
approve the above lease for an annual rental fee of One Dollar West Side Emergency Food Center, Inc. d/b/a Helping Hands
($1.00). Insurance is to be provided saying the City harmless of Greater Buffalo and the Wellness Institute for a two year
from any liability, as set forth per Item 197, C.C.P. 3/31/87 - period commencing on January 1, 1997 and expiring on
Insurance Requirements for lease of city-owned properties. December 31, 1998 with conditions as listed on the above
I am further recommending that Your Honorable communication.
Body authorize the Corporation Counsel to prepare the PASSED.
necessary lease renewal incorporating but not limited to the AYES-12. NOES-0.
above aforementioned terms and conditions when it may deem
necessary to protect the interest of the City of Buffalo. I am NO.13
also requesting that Your Honorable Body authorize the Mayor G.BANKS
to execute the same. INTEREST&PENALTYWAIVER
Mrs. LoTempio moved: ITEM#77,C.C.P.10/14/97
That the Comptroller be and he hereby is authorized to The above item referred to the Department of Assessment
lease 378 Massachusetts Avenue to both the Massachusetts concerns interest and penalties paid on the specified properties
Avenue Project under the umbrella of the Wellness Institute of that were in bankruptcy. The Division of Collections maintains
Greater Buffalo and the West Side Emergency Food Center-all information and records relating to bankruptcy filings and
Helping Hands of Greater Buffalo for one year to commence on therefore this item should be referred to that office for
January 1, 1998 and expire on December 31, 1998 with information and a response.
conditions as listed on the above communication. REFERRED TO THE COMMITTEE ON FINANCE.
PASSED.
AYES-12. NOES-0. FROMTHECOMMISSIONEROFASSESSMENT
NO.12 NO.14
LEASEBETWEENTHECITYOFBUFFALOAND-WESTAPPOINTMENTTEMPORARYMEMBERS
SIDEEMERGENCYFOODCENTER,INC.A/B/AHELPINGBOARDOFASSESSMENTREVIEW
HANDSOFGREATERBUFFALOPORTIONOF378I am requesting the Common Council to approve the
MASSACHUSETTS appointment of three (3) temporary members to the Board of
ITEMNO.14C.C.P4/1/97 Assessment Review to serve twenty to no more than forty days
The Comptrollers Office, Division of Real Estate, as needed during the time period of December 1997 to mid-
held a meeting In reference to leasing 378 Massachusetts to February 1998. The Department of Assessment is preparing
both the West Side Emergency Food Center, Inc. (d/b/a contingencies should it prove to be necessary to supplement
Helping Hands of Greater Buffalo) and the Wellness Institute. the existing five (5) member permanent board for the upcoming
The only person who did not attend, or choose to send a assessment challenge period. Having the temporary board
representative, was Mr. Miano, Helping Hands of Greater members already approved by your Honorable Body will allow
Buffalo. time for these individuals to attend the training session required
As a result of this meeting the Comptroller’s Office, by New York State and conducted by the Erie County Director
Division of Real Estate, is requesting Your Honorable Body to of Real Property Services and will allow for the expansion of the
renew the expired lease agreement for a two year period board as soon as it should become necessary. This process
commencing on January 1, 1997 and expiring on December has been successfully utilized in prior years. Additionally, the
31, 1998. The lease shall include a 30 day cancellation clause Department of Assessment in conjunction with the Budget
by either party. This lease shall be under the same terms and Office is working to identify the necessary funds for these
conditions as the expired lease agreement with the following temporary members.
exceptions: REFERRED TO THE COMMITTEE ON LEGISLATION.
1 . West Side Emergency Food Center, Inc.
(d/b/a Helping Hands of Greater Buffalo) will not have access FROMTHECOMMISSIONEROFPUBLICWORKS
to Room *101 (New Office) on the first floor. This space will be
utilized by the Wellness Institute. NO.15
2. They will share the lavatories on the first AWNINGWITHIN
floor with the Wellness Institute. CITYRIGHT-OF-WAY;
3. They will share the existing meeting room 320PEARLSTREET
(Food Pantry)on the second floor with the Wellness Institute. Mr. Joseph Silvaroli, owner of The Lafayette Tap Room,
The West Side Emergency Food Center, d/b/a Helping Hands located at 320 Pearl Street, has requested permission to install
of Greater Buffalo will have access to this room Monday-Friday an awning which would encroach City right-of-way at said
between the hours of 7:00 a.m. and 2:00 p.m. The Wellness address.
institute shall have use of the room after 2:00 p.m. Monday-The proposed awning would measure five feet (5’) in height,
Friday and on weekends. eight feet (8’) in length, and project eight feet (8’) from the
4 . They shall share all common areas of the building face into City right-of-way.
premises (hallways, stairways, all outside area of the premises, The Department of Public Works has reviewed Mr. Silvaroli's
etc.) with the Massachusetts Avenue Project (Wellness application pursuant to Chapter 413-56 (Awnings, Canopies
Institute of Greater Buffalo). and Marquees) of the City Ordinances and has no objection to
5. They shall leave all shared premises Your Honorable Body authorizing the Commissioner of Public
clean, orderly and properly remove all debris upon leaving. Works to issue a "Mere License" for said installation provided
6 . Both occupants shall the share the cost the following conditions are met:
of the garbage user fee. 1. That the applicant obtain any and all other City of Buffalo
7 . Both occupants shall share the cost of permits necessary for said installation.
minor repair and maintenance to the outside of the premises 2. That the awning be installed exactly as shown on plans
and shared portions (lavatory, meeting room, hallways, submitted to and approved by the Department of Public
stairwells, etc.) of the interior of said premises. The West Side Works, Division of Buildings.
Emergency Food Center, Inc. (d/b/a Helping Hands of Greater 3. That the applicant supply the City of Buffalo with a five
Buffalo) shall assume the cost of minor repairs and thousand dollar construction in street bond or certificate
maintenance to all other parts of the building in which the solely of insurance which will indemnify and save harmless the
have use of. City of Buffalo against any and all loss and damage out
I am recommending Your Honorable Body to of the construction, maintenance, use and removal of
approve the above lease for an annual rental fee of One Dollar said awning.
($ 1.00). Insurance is to be provided saving the City harmless REFERRED TO THE COMMITTEE ON LEGISLATION AND
from any liability, as set forth per Item #197, C.C.P. 3/31/87 - CITY PLANNING BOARD.
Insurance Requirements for lease of city-owned properties.
I am further recommending that Your Honorable NO.16
Body authorize the Corporation Counsel to prepare the 570AMHERSTSTREET;
necessary lease renewal incorporating but not limited to the REQUESTSPERMISSIONTOINSTALL
above aforementioned terms and conditions Men it may deem SIDEWALKCAFE
necessary to protect the interest of the City of Buffalo. I am Ms. Lisa Meadows, owner of Lisa's Bar and Restaurant,
also requesting that Your Honorable Body authorize the Mayor located at 570 Amherst Street, has requested permission to
to execute the same. install a sidewalk cafe which would encroach City right-of-way
at said address. North Boston Constr. $39,375.00
The proposed cafe would measure fifteen feet (15’) in length I hereby certify that the foregoing is a true and correct
and project ten feet (10') from the building face into City right-statement of all bids received and that Kostas General
of-way. Construction, in the amount of Twenty Three Thousand Nine
The Department of Public Works has reviewed Ms. Meadows' Hundred Ninety and 00/100 Dollars ($23,990.00) is the lowest
application pursuant to Chapter 413, Section 59 (Sidewalk responsible bidder in accordance with the plans and
Cafes) of the City Ordinances and has no objection to Your specifications.
Honorable Body authorizing the Commissioner of Public Works I recommend that Your Honorable Body authorize the
to issue a "Mere License" for said sidewalk cafe provided the Commissioner of Public Works to order the work on the basis
following conditions are met: of the low bid. Funds for this work are available in CPF 202-
1. That the applicant obtain any and all other City of Buffalo 402-014 - Division of Buildings.
permits necessary. Total estimate for this work is $30,000.00.
2. That the sidewalk cafe be installed exactly as shown on Mrs. LoTempio moved:
plans submitted to and approved by the Department of That the above communication from the Commissioner
Public Works, Division of Buildings. of Public Works dated October 28, 1997, be received and filed;
3. That the sidewalk cafe does not exceed fifteen feet (15’) and
in length or extend more than ten feet (10’) from the That the Commissioner of Public Works be, and he
building face. hereby is authorized to award a contract to remodel Court
4. That no portion of the sidewalk cafe be permanent in Room, New Judge's Bench, Part 14, 50 Delaware Avenue, to
nature or permanently affixed to the main building or Costs General Construction the lowest responsible bidder in
public sidewalk. the amount of $23,990.00, with said cost to be charged to CPA
5. That the sidewalk cafe be completely removed from City 202-402-014 - Division of Buildings.
right-of-way from November 15 to April 1 each year. PASSED.
6. That the applicant be assessed the annual fee of two AYES-12. NOES-0.
dollars per square foot of City right-of-way occupied by
said sidewalk cafe as described in Chapter 413, Article NO.19
IX, Section 59 (Sidewalk Cafes) of the City Ordinances. INCREASEINCONTRACT-CHANGEORDERNO.1
7. That the applicant supply the City of Buffalo with a five HEATER/SCARIFYINGOFCITYPAVEMENTS-1997
thousand dollar ($5,000.00) construction in street bond GROUP#444
or certificate of insurance which will indemnify and save HIGHWAYREHABILITATIONCORP.
harmless the City of Buffalo against any and all loss and CONTRACT#91901700
damage arising out of the construction, maintenance, ITEMNO.20,C.C.P.4/29/97
use and removal of said sidewalk cafe. I hereby submit to our Honorable Body the following unit price
REFEREED TO THE COMMITTEE ON LEGISLATION AND additions to the contract for the above named Project. This
CITY PLANNING BOARD. change order was necessary to complete the resurfacing of
Donaldson, E. Oakwood and Comstock Streets.
NO.17 Quantities necessary for the completion of these areas was
CHANGEINCONTRACT beyond the original scope of this contract and was unforeseen.
KLEINHANSMUSICHALL-PHASE6 Contract Unit Estimated Est.
RESTORATIONANDRENOVATION Item Description Price Quantity Cost
PLUMBINGCONTRACT 04.320 Asphalt Heater - $2.64/s.y. 11,410 s.y. $30,122.40
I hereby submit to Your Honorable Body the following changes Planing
for the Restoration and Renovation of Kleinhans Music Hall, Total Change Order #1 $30,122.40
Phase 6, Plumbing Contract, A. Gareleck & Sons, Inc., C Contract Summary
#91926300. Original Contract Amount $423,571.50
1. Remove existing catch basin at south end of Normal This Change Order # 1 $ 30,122.40
parking lot found to be damaged and New Contract Amount $453,693.90
not required. Add $ 1,222.00 Funds for this change order $30,122.40 are available in
The foregoing change results in a net increase in the contract Division of Engineering Bond Fund Account #201-401-00200-
of One Thousand Two Hundred Twenty Two and 00/100 000.
Dollars ($1,222.00). I respectfully certify that this change order is fair and equitable
Summary: Original Amount of Contract $ 53,523.00 for the work involved, and respectfully request that your
Amount of This Change (No. 1) Add 1,222.00 Honorable Body approve the subject Change order and
Revised Amount of Contract $ 54,745.00 authorize the Commissioner of Public Works to issue said
These changes could not be foreseen at the time contract was change order to Highway Rehabilitation Corp.
let. Costs have been reviewed by the Consulting Architect, Mrs. LoTempio moved:
Hamilton, Houston, Lownie, and the Department of Public That the above communication from the Commissioner of
Works and found to be fair and equitable. Funds for this work Public Works dated November 3, 1997, be received and filed;
are available in CPF 201-402-501 - Division of Buildings. and
I request that Your Honorable Body authorize the That the Commissioner of Public Works be, and he hereby is
Commissioner of Public Works to issue a change order to the authorized to issue change order No. 1, to Highway
contractor as set forth above. Rehabilitation Corp., an increase in the amount of $30,122.40,
Mrs. LoTempio moved: as more fully described in the above communication, for work
That the above communication from the Commissioner of relating to the Heater/Scarifying of City Pavements - 1997,
Public Works dated October 27, 1997, be received and filed, Group #444, C 491901700. Funds for this project are to be
and charged to Division of Engineering Bond Fund. Account #201-
That the Commissioner of Public Works be, and he hereby is 401-002-00-000.
authorized to issue change order No. 1, to A. Gareleck & Sons, PASSED.
Inc., an increase in the amount of $1,222-00, as more fully AYES-12. NOES-0.
described in the above communication, for work relating to
Kleinhans Music Hall - Phase 6, Restoration and Renovation, NO.20
Plumbing Contract, C #91926300. Funds for this project are to RECONSTRUCTIONOFCURBSANDSIDEWALKS
be charged to CPF 201-402-501 Division of Buildings. W.CHIPPEWASTREET,1997-GROUP#415
PASSED. ITEMNO.28,C.C.P.10/28/97
AYES-12. NOES-0. This is in response to your Honorable Body's request for
further information in regard to private funds being utilized for
NO.18 the subject project.
REPORTOFBIDS Please find attached a recent letter from the 70 W. Chippewa
REMODELCOURTROOM Corporation confirming their commitment to provide $25,000
NEWJUDGE'SBENCH,PART14 towards the necessary sidewalk vault work at the Root Building.
50DELAWAREAVENUE These funds will be combined with CDBG funds committed by
I advertised for on October 14, 1997 and received the following Councilmember Williams to fund alternate bid "K for vault work
sealed proposals which were publicly opened and read on at a price of $34,182.
October 28, 1997: RECEIVED AND FILED.
Kostas General Constr. $23,990.00
Summit Construction $32,000.00 NO.21
RJP Construction $36,500.00 L.ZAMBITO-PURCHASERIGHT-OF-WAY
564COLVINAVENUE TOTAL DEPOSIT $ 4,229.88
ITEMNO.127,C.C.P.09/30/97 The above referenced property has been administratively
This is in response to Item No. 127 of September 30, 1997 forfeited by the Drug Enforcement Administration. (DEA). The
regarding the above mentioned subject. The Department of checks were received by this Department and duly deposited in
Public Works - Traffic Section has investigated Mr. Zambito's the Trust & Agency Account, #610-200-217-00-300.
request. RECEIVED AND FILED.
Mr. Zambito proposes to purchase City right-of-way in order to
establish a parking lot. This department reviewed the proposed NO.24
plan and noted the following: PERMISSIONTOWAIVEBIDDING
1) The parking lot would be directly adjacent PROCESSFORUNDERCOVERUSEDVEHICLES
to Colvin Avenue. Colvin is a primary street in the City of As you are aware, the Buffalo Police Department has
Buffalo and. as such, carries a tremendous volume of traffic undercover police officers who work covert operations in
per day. dealing with the criminal element within the City of Buffalo. In
2) The lot would be installed behind a five (5) an attempt to provide them with the tools necessary to carry out
foot sidewalk area. The sidewalk would be located from the these types of operations, we are respectfully requesting that
west curb line of Colvin to a point five (5) foot west therefrom. Your Honorable Body authorize the Department permission to
3) The lot is marked for parking purchase used vehicles through normal commercial channels,
perpendicular (at an angle of 90' ) to Colvin Avenue, with twenty waiving the bidding process, When purchasing older model
(20) foot stall lengths. used vehicles, it is difficult to secure bids since not all dealers
4) The lot, as shown, is 150 feet long and will have the same type available and therefore, flexibility is
would require a curb cut (driveway approach) of the same required.
distance. The Buffalo Police Department has its own fleet/maintenance
Given the above conditions, this department strenuously section and the Superintendent of our Fleet Maintenance
objects to the proposed plan for the following reasons: Section (Harry Trippett) will oversee these types of purchases.
1) The entire sidewalk area would need to be Mr. Trippett is highly qualified and as part of his daily
constricted as driveway approach, thereby angling the primary responsibilities is in a position to secure vehicles that are of the
walk (and pedestrians who use it) toward the street. best value for the City's funds, while at the same time
2) The sidewalk area shown is five (5) foot protecting the type of vehicle that will be purchased for
wide and adjacent to the curb. This places pedestrians right undercover operations from the general public.
next to traffic. In addition, in the winter, due to ice and snow, we are finding it more difficult to seize vehicles because of
pedestrians may actually slide into the street due to the changes in the laws governing that taking of property used by
driveway approach condition of the walk. offenders. As a result, it is necessary to purchased used
3) Vehicles using this lot will be forced to vehicles for our undercover work.
back-out/pull-out across the sidewalk and into the street. All Your authorization with regard to this situation will fill a
parking lot design manuals show a clear aisle width behind desperate need within the Buffalo Police Department to better
parked vehicles to allow this movement. No provision is made equip undercover officers for the protection and safety of our
for this aisle on this plan. Using pedestrian and vehicle travel citizens.
lanes for this aisle is not advisable or practical. Thank you for your attention to this matter and if your require
It is this department's opinion, that allowing this lot would additional information, please contact Inspector John F. Brill at
expose the City to serious liability issues involving the safety of ext. 4514.
both pedestrians and the motoring public. As an alternative, REFERRED TO THE COMMITTEE ON FINANCE AND
Mr. Zambito could purchase the vacant NFTA property directly CORPORATION COUNSEL.
behind his building and construct his parking lot there. This
would only require a regulation (12'-24') driveway/curb-cut onto NO.25
Colvin. It would eliminate the need to turn City right-of-way into BFLO.PLACE-REQ.HRG.REVOCATION-OUTDOOR
a parking lot and still solve Mr. Zambito’s parking dilemma. PERFORMER'SLICENSE.
REFERRED TO THE COMMITTEE ON LEGISLATION AND #74,C.C.P.,OCT.28,1997
CITY PLANNING BOARD. B District Lieutenant O'Brien advises that there have been no
complaints to police in regards to Mr. Jenk's playing of the
NO.22 saxophone outside on Main Street. However B District is
CLOSINGWESTAVENUEBETWEENFORESTAVENUE aware of tenants complaints to Buffalo Place that the Music
ANDTONAWANDASTREET does echo between Main Street buildings.
ITEMNO.194,C.C.P.9/16/97 REFERRED TO THE COMMITTEE ON LEGISLATION.
In response to the subject item, please be advised that the
Department of Public Works has reviewed the matter in NO.26
question and offers the following comments. RENEWAL:DRUGINTERDICTION
This section of West Avenue in question provides access to POINTSOFENTRYGRANTPROGRAM
Westwood Squibb, FEDCO Automotive Components, 1996-1997
Fernwood Avenue, NYSDOT Scajaquada Ramp piers and a ITEMNO.28,C.C.P.07/9/96
City of Buffalo DPW bridge in West Avenue over Scajaquada The Buffalo Police Department is respectfully requesting
Creek. Also, the future phase 11 section of the Scajaquada authorization for the Mayor to renew our Drug
Pathway crosses this section of West Avenue and design Interdiction/Points of Entry Grant Program between the City of
changes may be required if the closure is implemented. Buffalo and the New York State Division of Criminal Justice
Our Department does not object in principal to the proposed Services for the period December 1, 1996 through November
closing if the following conditions are met: 30, 1997 (see attached award letter from State).
Road is closed at both access points with the concurrence of Due to the delay in approval of Federal Fiscal Year 1996 Byrne
Westwood Squibb and FEDCO. Memorial Grant Formula Funding, the State's Department of
Means of closure is subject to the approval of DPW and must Criminal Justice Services has extended and increased the
allow access for maintenance of West Avenue Bridge, existing 1994 grant award contracts to facilitate the continued
Scajaquada Expressway piers and any other City owned funding of on-going projects. Rather than issuing formal
facilities. contracts, the State will process these renewals as grant
City of Buffalo maintains ownership of all existing R.O.W. for extension/budget increases. The extension/increase for the
West Avenue and Fernwood Avenue. Department's renewal will provide $130,325 in funding to
Westwood Squibb and or FEDCO agree to provide continue with the current Drug Interdiction Program which is an
maintenance and security in closed area. intra-agency cooperative alliance between our Department, the
Police and Fire agree to closure plans. NFTA Police Department, Cheektowaga Police Department
REFERRED TO THE COMMITTEE ON LEGISLATION and the County's Central Police Services Laboratory. Drug
interdiction investigations will be maximized to interrupt the flow
FROMTHECOMMISSIONEROFPOLICE of drugs and a concentrated effort will continue to be geared
toward the middle to higher level drug suppliers.
NO.23 This year, because the State's budget was so late, we were
CHECKSRECEIVED never notified as to our funding amount until earlier this week.
ITEMNO.104,C.C.P.2/2/88 The program is slated to end November 30, 1997 and we will
8155-00106360 - C2-97-0040 - $ 760.80 be able to secure full reimbursement for personnel only, due to
8155-00106363 - C2-97-0053 - $2,178.60 the lateness of the State's notification. Because we need your
8155-00106358 - C2-97-0057 - $ 726.00 approval prior to the November 30th date, we are asking
8155-00106377 - C2-97-0058 - $ 564.48 permission for the City's acceptance of these funds.
In addition the State is also renewing our Agreement with the MIGUELSANTIAGO-SALEOF
NFTA in the same manner. As you are aware from previous PLAINTIFF’SVEHICLEWITHOUTNOTICE
approvals, the City of Buffalo acts as a conduit agency to On June 4,1996, Miguel Santiago's 1982 Mazda RX7 was
receive funds earmarked for the NFTA Police Department as impounded by the Buffalo Police Department for its involvement
federal statutes and regulations prohibit the direct transfer of in criminal activity. Following disposition of the criminal matter,
grant monies to any agency that is not a taxing entity. Since Mr. Santiago received a letter dated March 5, 1997 from the
the State is renewing this agreement as an extension to the District Attorney's Office authorizing him to pick up his vehicle
previous contract, we will file an amendment with the Law at the City of Buffalo Auto Pound.
Department which they will review for approval as to form. However, on February 19, 1997, the City of Buffalo Auto
Under the renewal for the 1996-1997 year, the State will Pound sold Mr. Santiago's vehicle at auction for $200.00
provide $49,145 to the City; and per our sub-agreement with without any notice to Mr. Santiago. It appears that the Auto
the NFTA, we will forward this amount to the NFTA as their Impound Bureau was misinformed as to the status of the
share of grant funding. We are asking permission for the criminal case against Mr. Santiago. This error caused the
Mayor to renew our sub-agreement as required. vehicle to be listed on the auction list instead of the list of
Since the State is processing the renewal applications in this vehicles awaiting owner notification. The Parking Violations
manner, we have experienced several bureaucratic delays. We Bureau has acknowledged making an error in failing to send
cannot process the paperwork in a timely manner as the the proper notice.
passing of the State's budget does not coincide with our A 1982 Mazda RX7 of the type and style Mr. Santiago
program start dates! As a result, the delayed budget approvals owned has a blue book value range of $900.00 to $3,000.00.
at the Federal and State levels, beyond the City's control, have The Law Department has compromised a settlement with the
created a pressing situation for the processing of the required claimant in the amount of $1,000.00.
paperwork. In this instance, we must file all paperwork by The Law Department requests that your Honorable Body
December 1st or we will lose the funds. authorize the payment of this claim in the amount of $1,000.00.
If you have any questions or require further clarification of the Mrs. LoTempio moved:
above, please contact Chief Kevin J. Comerford or Maureen That the above communication from the Acting Corporation
Oakley of the Department's Grant Section at ext. 4475. Counsel dated October 30, 1997, be received and filed; and
Thank you for your immediate attention to this matter. That the Acting Corporation Counsel be, and he hereby is
Mrs. LoTempio moved: authorized to settle the claim of
That the above communication from the Commissioner of Miguel Santiago in the amount of $11,000.00.
Police dated November 6, 1997, be received and filed; and PASSED
That the Mayor be, and he hereby is authorized to renew the AYES-12 NOES-0
Drug Interdiction Points of Entry Grant Program between the
City and the New York State Division of Criminal Justice NO.30
Services for the period December 1, 1996 through November SETTLEMENTOFCLAIM-CITYSERVICE
30, 1997. Authorized the Police Department to accept TAXI-D/A:11/9/95
$130,325 in funding to continue with the current Drug On November 9, 1995, at approximately 11:40 A.M., a City
Interdiction Program which is an intra-agency cooperative police vehicle being driven by Officer Michael Elliott was
alliance. Authorized the Mayor to renew the sub-agreement traveling east on Summer toward Main Street. Officer Elliott
with the NFTA Police Department for the 1996-97 year, stopped at the intersection of Summer and Main to let out his
wherein the State will provide $49,145 to the City; and per the partner. Officer Elliott then proceeded to make a left turn onto
subagreement, the Police Department will forward this amount Main Street. As he was making the turn, Officer Elliott's
to the NFTA Police Department as their share of grant funding. vehicle collided with a City Service Taxi being driven by William
PASSED. S. Johnson who was traveling north on Main Street.
AYES-12. NOES-0. The Accident Investigation Unit of the Buffalo Police
Department investigated the accident. Mr. Johnson alleged
FROMTHECORPORATIONCOUNSEL that he was going north on Main Street and had the green light
NO.27 to proceed through the Main-Summer intersection. Mr.
BON-TONSTORES Johnson states that as he was going through the intersection
CERTIORARIPROCEEDINGS1997-98 his taxi was struck in the driver's side by the police vehicle. In
NO.24,C.C.P.,OCT.28,1997 his initial statement to the Accident Investigation Unit, Mr.
The Law Department took an active role in the negotiations Johnson identified four (4) witnesses who could confirm his
leading to the settlement of the Bon Ton tax proceeding and version of the accident that he had the green light to proceed
supports the proposal before Your Honorable Body. through the intersection.
REFERRED TO THE COMMITTEE ON FINANCE Officer Elliott alleged that his view of Mr. Johnson's vehicle
was obstructed by a large truck parked on Main Street. Faced
NO.28 with this obstruction, Officer Elliott relied on a third individual
CERTIORARIPROCEEDINGS who waved him on to proceed through the intersection. Officer
NIAGARAMOHAWKPOWERCORP. Elliott's contention is that he was making his left hand turn on a
VARIOUSLOCATIONS yellow light and that, therefore, Mr. Johnson could not have had
This is to advise that the owner, Niagara Mohawk Power a green light. Officer Elliott did not identify any witnesses to
Corporation, has initiated certiorari proceedings on 20 East confirm his version of the accident. Officer Elliott's partner did
Huron, 95 Dewey Avenue, 144 Kensington as well as seventy-not view the accident. Neither Officer Elliott nor any Buffalo
nine smaller parcels in the City of Buffalo, regarding the Police Officer gave Mr. Johnson a ticket for violating the
assessments for fiscal year 1997-98. The assessments were Vehicle and Traffic Law or any other law.
reviewed by this Department and the owner expressed a The insurance company for City Service Taxi, namely,
willingness to settle this proceeding. Travelers Insurance Company, then sued the City of Buffalo for
The final assessment for all of the Niagara Mohawk parcels damage to the taxi in the approximate amount of $3,800.00.
at issue was $94,569,548. The owner is agreeable to a The City counterclaimed for approximately $2,300.00
settlement which would result in a total reduction of $7,000,000 representing property damage to the police vehicle.
for 1997-98, to be achieved by reducing assessments on The matter was scheduled for trial on or about August 20,
several parcels. The amount of 1997-98 City taxes due on 1997. After extensive discussions with the attorney
$94,569,548 is $3,697,363.87, A reduction of $7 million in representing the claimant and Judge Frederick M. Marshall, it
assessment would result in a tax reduction of $273,677.39. was proposed that the case be settled with City Service Taxi
Based on a review of the current market value of the accepting 40% of the liability and the City accepting 60% of the
properties, I believe this settlement to be in the best interests of liability for the accident.
the City. I recommend, therefore, this settlement, in which the This office recommends accepting the proposed settlement
law Department concurs. for the following reasons. Officer Elliott proceeded through the
I therefore request that the Acting Corporation Council be intersection although he admits his vision was obstructed and
authorized to settle all outstanding 1997-98 Niagara Mohawk he relied on the observations of a third person. The driver of
tax assessments from $94,569,548 to $87,569,548, to the other vehicle was not given a traffic ticket and has identified
distributed among the various parcels as the Department of four (4) witnesses that confirm that he had the green light. In
Assessment and Niagara Mohawk Power Corporation agree. that Mr. Johnson was traveling straight on a green light, he
REFERRED TO THE COMMITTEE ON FINANCE AND would have the right of way. This type of fact scenario usually
COMMISSIONER OF ASSESSMENT. results in the Court assessing some portion of liability to both
parties and on these facts, it would appear that the greater
NO.29 portion of liability rests with the City. Under the specific terms
SETTLEMENTOFCLAIM of the proposed settlement, the City would pay $2,275.29 (i.e.
approximately 60% of $3,800.00) and the City would receive Products be accepted and that your Honorable Body approve
$925.73 (i.e. approximately 40% of $2,300.00). As a result, the the prior agreed to lease extension contingent upon the
overall payment by the City would be $1,349.56 (i.e. $2,275.29 payment of $23,653.52 in ticket surcharge arrears Are from the
$925.73). Buffalo Blizzard.
Based on the above, this office respectfully requests that REFERRED TO THE COMMITTEE ON FINANCE
this matter be settled on the terms described above.
Mrs. LoTempio moved: NO.33
That the above communication from the Acting Corporation POLITICALSIGNS
Counsel dated ITEMNO.187,C.C.P.,9/16/97
October 21, 1997, be received and filed; and You requested the Law Department to prepare an ordinance
That the Acting Corporation Counsel be, and he hereby is amendment to add additional restrictions or regulations
authorized to settle the claim of City Service Taxi, d/a 11/9/95. regarding political signs. It is the view of this department that
The City would pay $2,275.29 (i.e.- approximately 60% of amendments contemplated by the Common Council are
$3,800.00) and the City would receive $925.73 (i.e. unconstitutional and would not survive scrutiny by a court of
approximately 40% of $2,300.00) for a total payment by the City competent jurisdiction.
of $1,349.56 (i.e. $2,275.29-$925.73). The resolution adopted by the Common Council read as
PASSED follows:
AYES-12 NOES-0 "That this Common Council requests that the Corporation
Counsel draft an ordinance amendment to add the following to
NO.31 the existing ordinances dealing with political signs:
LEASE-ERIECOUNTYYOUTHBUILD,INC. 1. political signs shall not be posted on either public or
2946BAILEYAVENUE City property
Please find enclosed for your approval a proposed lease of 2. political signs shall not be larger than four feet by
the former police precinct at 2946 Bailey Avenue to Erie County four feet (4x4)
Youthbuild, Inc. The agreement has been reviewed and 3. each private property in the City of Buffalo is limited
revised by the Law Department and approved as to form. to one four-foot by four-four (4x4) sign or, if smaller signs are
REFERRED TO THE COMMITTEE ON FINANCE used, the space equivalent to these measurements;"
The first request regarding public or City property exists in
NO.32 the City's sign ordinance in that permission of the property
BUFFALOBLIZZARD-TICKETFEE owner is required prior to the placement of a political sign. If
SURCHARGESANDLEASE the City adopts a policy forbidding the erection of political signs
The Greater Buffalo Soccer, L.P. (hereinafter referred to as on City property, the prohibition will be effective.
"Buffalo Blizzard") utilized the Buffalo Memorial Auditorium for The second and third request regarding the size of the sign
professional soccer games between September, 1992 and is an unconstitutional limitation on free speech. The City must
August, 1996. The purpose of this communication is to finally advance a significant governmental interest through its
resolve outstanding fiscal matters involving the Buffalo regulation of the size of the signs. Though the City does
Blizzard. possess an interest in safeguarding the aesthetics of our city,
The first issue is ticket fee surcharge monies collected by that interest is not strong enough to defeat a property owner's
the Buffalo Blizzard. Between July 1, 1993 and June 30, 1995, fight to free expression. 93 9 F. Supp.
Dimas v. City of Warren,
the Buffalo Blizzard collected $60,785.84 for ticket surcharge
5 54 (E. D. Mich. 1996). Regulating the size of the sign may
monies. An additional amount of $23,653.52 for ticket fee
be permissible if the restriction was related to traffic and safety
surcharges was collected for the period of July 1, 1995 to June
concerns. However, the regulation would have to be consistent
30, 1996.
throughout our regulation of all signs. A restriction limited to
The other outstanding issue between the Buffalo Blizzard
political signs is clear content-based discrimination.
Baldwin v.
and the City of Buffalo is a lease payment for the 1995-96
F.2d 1360 (1976).
Redwood City, 540
season. The original lease between the City and Buffalo
Limiting the number and size of political signs on private
Blizzard provided for a minimum annual rental payment of
property also serves to suppress the property owner's right and
$65,000.00 plus eight per cent (8%) of gross receipts in
ability to express him, or herself If a husband and wife were of
excess of $1,200,000.00. Due to declining attendance, the lack
different political persuasions and each wanted to support
of concession rights and the financial status of the team, the
different candidates in many races, the proposed amendment
Board of Stadium and Memorial Auditorium agreed to a
would force them to choose which candidate they could publicly
reduced guaranteed annual lease payment of $50,000.00 with
support. If their house is not positioned in such a way as to
additional rent of ten per cent (10%)of the gross receipts less
inhibit traffic, the presence of the signs, no matter the number,
taxes in excess of $700,000.00. This was approved by the
does not pose a threat to the community in any way other that
Board on October 4, 1995. Due to an oversight, this lease
aesthetics. Again, that basis alone is not sufficient to defeat
extension was not submitted to the Common Council for
their fight to free expression. 832
Whitton v. Gladstone, Mo.,
approval at that time. Subsequently, in June, 1996, the
F. Supp. 1329 (W.D. Mo. 1993).
Common Council received and filed the request to modify the
This department has researched many cases on this subject
lease.
and the regulation of political sign alone is a clear content-
The Buffalo Blizzard is no longer owned by Niagara Frontier
based regulation. Effective regulation of political signs must
Hockey, LP (The Buffalo Sabres) and Rich Products. The
first involve regulation of all signs involving commercial speech
assets were sold to John Bellanti. Although there is a legal
and non-commercial speech. It would require an over-hauling
question as to whether the Buffalo Sabres and Rich Products
of our entire regulatory scheme to place limitations on the size
are liable for outstanding ticket surcharge invoices, both entities
and number of all signs, and even then, the regulation of
have expressed a strong desire to resolve all outstanding
political signs may be subject to attack.
invoices and liability issues relating to the Buffalo Blizzard. On
As there are considerable constitutional questions about the
May 9, 1997, the Buffalo Sabres forwarded a check in the
City's present regulation of political signs, we cannot advance
amount of $60,785.84 to the City of Buffalo as payment in full
the ordinance amendments that the Common Council has
for ticket surcharge monies collected during the 1993-94 and
requested in the present form.
1994-95 fiscal years. The Buffalo Sabres and Rich Products
REFERRED TO THE COMMITTEE ON LEGISLATION
have offered to pay the remaining balance of Buffalo Blizzard
ticket surcharge monies for the 1995-96 season in the amount
NO.34
of $23,653.52 if the previously agreed to lease extension and
IMPLEMENTATIONOFCOMERSETTLEMENT
modification for the 1995-96 season is approved by the City of
COMMUNITYHOUSINGCENTERADMINISTRATOR
Buffalo. The Buffalo Blizzard timely paid the annual rental
ITEMNO.36,C.C.P.,9/16/97
payment of $50,000.00 as was agreed to with the Board.
ITEMNO.26,C.C.P.,9/30/97
The Buffalo Sabres and Rich Products have been extremely
ITEMNO.42,C.C.P.,10/28/97
responsive in arranging payment of approximately $60,000.00
To address some concerns expressed recently by this
in ticket surcharge monies owed by the Buffalo Blizzard. In
Honorable Body regarding the new Request for Proposals
light of the fact that the team has been sold, there is a legal
("Request") for the administration of the Community Housing
question as to the recoverability of the remaining $23,653.52 in
Center, the Law Department is awaiting the text of the new
ticket surcharge monies. Moreover, the Board of Stadium and
proposal from the U. S. Department of Housing and Urban
Memorial Auditorium did in fact formally approve the lease
Development. HUD indicated on October 17, 1997, that the
extension and rent modification and the Blizzard reasonably
new Request awaited departmental approval prior to its release.
relied on the Board's action.
HUD also requested that the City and the other parties
In light of the above, the Law Department respectfully
expedite their respective review of the proposed Request and
requests that the proposal of the Buffalo Sabres and Rich
HUD in turn would expedite finalizing the document. We can
not say when HUD will furnish the proposed Request or when Due to an error in the approving motion, the period of the lease
the final document will be available for publication, but it renewal was incorrectly stated as the period of the original
remains the desire of the parties to expedite the process. lease.
Regarding the City's evaluation process, the administration To correct this oversight, we are requesting that the
intends to include public representation in the evaluation of the Common Council authorize the Comptroller to renew the lease
applications. That evaluation, however, is governed by the between the City of Buffalo and the Fruitbelt Homeowners and
criteria set forth in the Request. Tenants Committee for the use of 326-328 High Street for a
REFERRED TO THE COMMITTEE ON COMMUNITY five (5) year period commending May 1, 1997 through April 30,
DEVELOPMENT 2002 for the same terms and conditions of the previous lease
subject to the following conditions: That the Fruitbelt
NO.35 Homeowners and Tenants Committee agree to incorporate
BOARDOFEDUCATIONBACKPAYLAWSUIT provisions in the lease to provide for the payment of the
ITEMNO.178,C.C.P.,10/28/97 Garbage User Fee if the City elects to pass on such payment
You requested a response from the Law Department to the Fruitbelt Homeowners and Tenants Committee.
regarding the Board of Education lawsuit for teacher back pay. Mrs, LoTempio moved:
As we have stated previously, the City of Buffalo is not a party That the Comptroller be and he hereby is authorized to
to this suit. However, we are monitoring the situation and have renew the lease between the City of Buffalo and the Fruitbelt
retained special counsel for that purpose. For a true progress Homeowners and Tenants Committee for the use of 326-328
report, we defer to the Board of Education and their counsel for High Street for a five year(s) period commencing May 1, 1997
this matter, Karl Kristoff through April 30, 2002 for the same terms and conditions of the
REFERRED TO THE COMMITTEE ON EDUCATION AND previous lease subject to the following conditions:
COMPTROLLER. That the Fruitbelt Homeowners and Tenants Committee
agree to incorporate provisions in the lease to provide for the
NO.36 payment of the Garbage User Fee if the City elects to pass on
RESIDENCYHEARINGADJOURNMENTS such payment to the Fruitbelt Homeowners and Tenants
ITEMNO.131,C.C.P.,9/2/97 Committee.
You requested a response from the Law Department regarding PASSED.
whether the Civil Service Commission ("CSC") can eliminate AYES-12 NOES-0
adjournments for residency hearings by employees accused of
violating the City's residency requirement. FROMTHECOMMISSIONEROFCOMMUNITY
Adjournments are typically expected as part of any quasi-DEVELOPMENT
judicial proceeding. Unanticipated circumstances from either NO.39
the City or the accused will force postponing the matter until a RESTAURANTDANCINGCLASSI
later date. Constitutional due process guarantees require that -850ELK
an individual, particularly one faced with termination of Pursuant to Chapter 150 of the City of Buffalo Ordinances,
employment, be granted a full and fair opportunity to be heard. please be advised that I have examined the attached
To deny that right as a matter of policy without regard to the application for Restaurant Dancing Class I located at 850 Elk
circumstances of individual cases would result in frequent and find that as to form it is correct. I have caused an
denials of due process, the cost of litigating due process cases investigation into the premises for which said application for
and the inevitable return of those cases by the courts to the Restaurant Dancing Class I is being sought and according to
CSC for reconsideration. The delay in those cases would far the attached reports from the Fire Department and the Building
exceed the time consumed by the ordinary adjournment. Inspector, I find it complies with all regulations and other
Notwithstanding the desire to provide due process, the CSC applicable laws. I have caused an investigation by the Police
is not obligated to grant every request for an adjournment. Department into the moral character of Lewis Schwartz. The
Once the CSC has determined that sufficient time has elapsed, report from the Police Department recommending approval is
the CSC should proceed with the residency hearing. Due to attached hereto for Lewis Schwartz, d/b/a Southside
the differing circumstances associated with each hearing, the Recreation Center, Inc. at 850 Elk. This request is submitted
determination as to when sufficient time has passed should be for your consideration and whatever action you deem
made on a case by case basis. appropriate.
Adjournments are granted at the discretion of the CSC. The REFERRED TO THE COMMITTEE ON LEGISLATION
Common Council cannot substitute its judgment for that of the
C SC. NO.40
REFERRED TO THE COMMITTEE ON CIVIL SERVICE MONTHLYREPORTOFLICENSESISSUED
INSEPTEMBER1997
NO.37 I am respectfully submitting the enclosed report of licenses
CHANGEINCONTRACT-VARIOUSPARKINGRAMPS issued in the month of September 1997 by the Division of
ITEMNO.7,C.C.P.,10/14/97 Inspections, Licenses and Permits.
You requested a response from the Law Department RECEIVED AND FILED
inquiring whether the Board of Parking can issue a change
order without Council approval for approximately one million NO.41
dollars for changes not foreseen at the time the contract was REPORTOFBIDS-SCAJAQUADA
let. PATHPHASE2
Section 403 of the Charter of the City of Buffalo reads "Extra
Work. Where the head of the department or of any city agency As authorized by Your Honorable Body Item No. 72 C.C.P.
certifies in writing that owing to unforeseen contingencies in the 7/21/92, I asked for and received the following bids for the
carrying out of any contract for any work or improvement any Scajaquada Path Phase 2, which were opened and publicly
additional work is necessary for the completion thereof, the read on October 14, 1997:
council may authorize the same by a three-fourths vote of its
membership No extra work shall be ordered or authorized by CONTRACTOR BASE BID ALT. NO. 1 ALT NO. 2
the head of any department, or agency, or by the council,
except as in this section provided." Paul J. Gallo Contr., Inc. $851,000 $77,000 $198,000
Under the Charter provisions relating to the powers and P.O. Box 453
duties of the Board of Parking, there is no provision granting East Amherst, New York 14051
the Board of Parking an exception from this requirement nor ALT. NO. 3 ALT. NO. 4 ALT. NO. 5
otherwise empowering it to unilaterally authorize additional work $40,000 $490,000 $434,000
on contracts.
The Board of Parking cannot issue a change order without C. Destro Dev. Co., Inc. $1,362,000 $98,450 $83,650
Council approval. 3150 Seneca Street
REFERRED TO THE COMMITTEE ON FINANCE W. Seneca, NY 14224 $75,750 $475,000 $295,000
Engineer's Estimate $790,000 Base Bid
NO.38 I hereby certify that the foregoing is a true and correct
LEASERENEWAL-FRUITBELTHOMEOWNERS&abstract of all bids received for this work and that Paul J. Gallo
TENANTSCOUNCIL,INC.CORRECTION Contracting, Inc. is the lowest responsible bidder. Funds for
ITEMNO.6,C.C.P.,4/28/97 this project will be available in Community Development C.P.A.
The Common Council has previously approved the Lease 200-717-004, or a receivable account setup by the Comptroller.
Renewal between the Fruitbelt Homeowners & Tenants We are recommending award of the Base Bid plus Add
Council, Inc. and the City for the use of 326-328 High Street. Alternate No. 2 which will take the path from Grant Street to
just under the Conrail bridge over Scajaquada Creek just west objection to the closing of West Avenue, as long as the paving
of Niagara Street. stays intact. Such a closing may actually be advantageous to
I, therefore, recommend that Your Honorable Body authorize the pathway project from a cost perspective.
the Commissioner of Community Development to order the Should a determination be made to close West Avenue, this
work by Paul J. Gallo Contracting, Inc. based on the Base Bid Department will closely coordinate the Scajaquada Pathway
plus Add Alternate No. 2 for a total contract award of project with the Department of Public Works.
$1,049,000. Please keep in mind that under the City Charter "street
REFERRED TO THE COMMITTEE ON FINANCE closings" are referable matters to the City Planning Board.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.42
REPORTOFBIDS-BUFFALOCENTRALTERMINAL NO.45
TEMPORARYPROTECTIONPHASE1 MORGANMATERIALS-373HERTELAVENUE
ITEMNO.49,C.C.P.,JULY22,1997 ITEMNO.191,C.C.P.9/16/97
As authorized by your Honorable Body, Item No. 49 C.C.P. Be assured that Morgan Materials, operating at 373 Hertel
July 22, 1997, this department received the following sealed Avenue, is under close and constant supervision by the
proposal Environmental Protection Agency, which maintains a physical
for the, "Buffalo Central Terminal Temporary Protection Phase presence on that site. The City's Office for the Environment
I"' which were publicly opened and read on October 30, 1997 maintains periodic and frequent contact with the EPA regarding
General Construction Base Bid Alt. No. 1 Alt. No. 2 this matter. The Office, along with the Buffalo Fire
Gianadda Constr. Co., Inc. $157,900. $45,300. $39,990. Department, is confident that the removal operation being
786 Terrace Blvd. conducted at 373 Hertel is being conducted by extremely
Depew, NY 14043 competent personnel to the highest possible technical
standard.
All State Dev. Inc. $175,130. $49,920. $42,200. EPA is not allowing Morgan Materials to conduct business
31 Ransier Drive on the Hertel Avenue site. As part of this procedure, Morgan is
West Seneca, NY 14224 not allowed to receive or remove materials from the site.
Management of the operation is the responsibility of the EPA at
Summit Constr. Group Inc. $182,600. $72,600. $61,600. this time, and under existing arrangements, the authority of
344 Vulcan Street EPA is this regard is paramount. When the EPA has
Buffalo, N.Y. 14207 completed site management activities (approximately next
September), all substances of concern will have been removed
Picone Construction $197,197. $125,000 $87,000 utilizing appropriate techniques.
8680 Main Street I have asked that, in the event any future
Williamsville, NY 14221-7502 combustible/hazardous materials application for 373 Hertel is
pending with the Division of Inspections , Licenses, and
C.H. Byron Company Inc. $272,000. $116,000. $116,000. Permits, that the Director of that Division notify the District
127 Skillen Street Councilmember, and that a review of previous operations be
Buffalo, NY 14207 conducted.
REFERRED TO THE COMMITTEE ON LEGISLATION
Collingwood Constr. Corp. $294,916. $77,318 $77,725
2670 Millersport Hwy. NO.46
Getzville, NY 14068 HOMEFUNDS
I hereby certify that the foregoing is true and correct 1172-1176HERTELAVENUE,4VIRGULEAVENUE
statement received and the following is the lowest bidder in I am respectfully requesting your approval for a total of
accordance with the plans and specifications. $39,245.00 of HOME funds to assist in the rehabilitation of this
General Constr. Work: Base Bid Alt. No. 1 Alt. No. 2 6 unit apartment building. The apartments will be rented to
Gianadda Constr. Co., Inc. $157,900. $45,300. $39,990. low-mod income tenants. The loan terms will be 4% for 15
years. The monthly payment will be $290.29.
I respectfully recommend that Your Honorable Body The developers have met all criteria outlined; i.e. current City
authorize the Commissioner of Community Development to tax, County tax, and water bills; before-after appraisals; copy of
order the work on the basis of the low bids. mortgage/deed; contractor's work write-up; H.O.M.E. Rental
Funds for this work will be available in C.P.A. 200-717-531 Rehab application.
Mrs. LoTempio moved: BUDGET
The Commissioner of Community Development be and he $37,745.00 Construction Budget
hereby is authorized to award a contract for Buffalo Central 1,500.00 Soft costs
Terminal-Temporary Protection Phase I to Giannada $39,245.00 TOTAL
Construction Company, Inc.,, the lowest responsible bidder in OWNERS
the amount of Base Bid $157,900, Alternate No. 1,445,300, Mr. Robert L. Colasanti Mr. Barry Cohen
Alternate No, 2, $39,990, Funds for this work will be available 160 Tulane Road 69 Newell Avenue
in C.P.A. #200-717-531, Kenmore, New York, 14217 Tonawanda, New York, 14150
PASSED. The property is located on the northwest corner of Hertel and
AYES-12 NOES-0 Virgil. There are six units in this project. The property is in
located on the Hertel Avenue Neighborhood Commercial Strip
NO.43 Development, as defined in the City of Buffalo's 1996-97
MCCLAIN-NEWKIRK-PROBLEM183BOX" Consolidated Plan.
ITEMNO.72,C.C.P.6/10/97 Mrs. LoTempio moved:
In response to the above stated Common Council That the Commissioner of Community Development be and
communication I would like to supply your Honorable Body with be hereby is authorized to release HOME funds in be amount
the following information. The Department of Community of $39,245.00 to assist in the rehabilitation of a 6 unit
Development, Division of Inspections, Licenses and Permits apartment building to Mr. Robert L. Colasanti and Mr. Barry
has no involvement in particulars of ownership relating to this Cohen. The loan terms will be 4% for 15 years.
property. This parcel is the subject of an ongoing court case. PASSED.
From our records it appears that this building may warrant AYES-12 NOES-0
demolition.' The Housing Court of the “City of Buffalo has
issued an “ACD” (Adjournment Contemplating Dismissal). The FROMTHECOMMISSIONEROFSTREETSANITATION
next action date is February 27, 1998. If the conditions are NO.47
unchanged and the ownership issue is not resolved, The PAYASYOUTHROWPROGRAM
Division of Inspections, Licenses and Permits will re-issue the ITEM154,C.C.P.,OCT.14,1997
Summons and Complaint issued against the owner of record. The following is a written response to Councilman Coppola's
It is my sincere hope that this response satisfies your inquiry. resolution regarding pay as you throw.
REFERRED TO THE COMMITTEE ON LEGISLATION 1. The Department of Street Sanitation is currently in
the process of receiving proposals from vendors to supply the
NO.44 City with 600 - 95 gallon carts and three (3) cart tippers.
CLOSINGOFWESTAVENUEBETWEENFOREST 2. Homes would be provided with the carts. The carts
AVENUEANDTONAWANDASTREET are to be used for garbage containment and placement at the
ITEMNO.194,C.C.P.9/16/97 curb. User fees for the homeowner will not change during this
The Department of Community Development has no pilot project. The tippers will be mounted to the back of our
existing refuse packer trucks. Two tippers will be on one truck, rate previously charged by FCA was 24%.
with the third mounted to another truck. The third will be used I respectfully request your Honorable Body's approval of
as a spare in the event there is equipment failure from either Great Lakes Bureau as the collection agency for past due
the other two. parking and adjudication fines. Upon Council approval,
3. The purpose of this pilot project is to test the contract terms will be negotiated with Great Lakes and the final
efficiency of the equipment. This information will then be used contract submitted to the Council for approval.
to identify the savings that can be realized from reduced The Divisions of Collections, Parking Violation and
workmen's compensation costs (fewer back strains, cuts, Administrative Adjudication will be pleased to discuss the
punctures, etc.) as well as collection efficiencies that can be matter further should you so desire.
realized. REFERRED TO THE COMMITTEE ON FINANCE
4. If the pilot program is as successful as anticipated,
the Street Sanitation Department would hope to go City wide FROMTHECOMMISSIONEROFHUMANSERVICES,
with semi-automated equipment and collection services. PARKSANDRECREATION
5. For the resident this will mean the choice in the level NO.51
of service desired. In other words, a resident would pay his/her CITYVEHICLEPK8910
user fee based on the size of the container that they ordered. Recently, Laidlaw Bus Company donated a 1988 City ID (PK
This "Pay As You Throve system will not only allow the resident 8801-CS) and 1989 City ID (PK 8910) GMC Bus to the City of
to control their own costs for collection, but increase the Buffalo. One of these mini-busses was slated for the CAO at
amount of materials that are recycled or composted. 70 Harvard Place, but due to a miscommunication both
6. This a far superior system to using bags for many vehicles were titled and registered t the City of Buffalo.
reasons: When the titles are received by the City of Buffalo, from
a. The potential for increased dumping. Albany, New York, our intent is to rectify the situation by
b. The ability to generate revenue to cover the costs of transferring ownership of the mini-bus PK 8910 to the C.A.0.
providing the service. for whom the mini-bus was originally slated.
c. To improve enforcement of solid waste and recycling The remaining mini-bus will be used jointly by the Division
requirements. for Senior Affairs and the Division of Recreation.
d. To enhance the aesthetics on City streets, etc. RECEIVED AND FILED
7. There are many decisions that need to be made for a
'Pay As You Throve program. This pilot project will assist us in NO.52
determining the efficiencies that can be realized. CERTIFICATEOFAPPOINTMENT
Please feel free to contact this department for further Appointment Effective November 3.1997 in the Department
information. of Human Services, Division Of Recreation to the position of
REFERRED TO THE COMMITTEE ON LEGISLATION Recreation Instructor, Provisional, at the: Maximum Starting
Salary of $27,935
NO.48 James Harrington, 59 Rogers Avenue, Buffalo 14211
SNOWPLAN REFERRED TO THE COMMITTEE ON CIVIL SERVICE
A very long time ago, Elbert Hubbard, founder of the
Roycroft complex in East Aurora, said that success consists in NO.53
the climb. Our planning for snow removal strikes me as very NYSDIVISIONOFCRIMINALJUSTICE
fitting to that line of thinking. SERVICESCONTRACT
Our investment in material, manpower, and morale have all #JT97602702
paid dividends during the first three years of this administration. The Department of Human Services, Parks and Recreation
That has been the climb. Our success is realized when all of has been awarded $57,165.00 in funding from the New York
those elements are blended with sound leadership and are State Division of Criminal Justice for a Community Intervention
placed against the natural elements that confront us. and treatment for Youth or C.I.T.Y. Program. The grant is a 12
The planning and the practice of this plan have worked for month award.
the betterment of Buffalo during some difficult weather in the The Department of Human Services, Parks and Recreation
past two winters. We hope we don't need to test our mettle this and the Police Department have joined in a collaborative effort
year, but you and all Buffalo can rightly share in the pride this creating a "front end" juvenile delinquency program. The
Administration takes in the planning for mow removal contained C.I.T.Y. Program will address risk factors that youth face
in this Plan. associated with crime and violence and offer an integration of
REFERRED TO THE COMMITTEE ON LEGISLATION services and follow-up for youth and parents/guardians residing
in the City of Buffalo. The C.I.T.Y. program will work closely
with the Community Policing Officers, block clubs,
FROMTHECOMMISSIONEROF communities and local businesses to intervene among the
ADMINISTRATIONANDFINANCE youth population providing education, assessment/referral and
NO.49 community mobilization. A three year strategy has been
"PROGRESSREPORT-BOARD designed to mobilize the community to assume responsibility
OFEDUCATIONLAWSUIT" for delinquency prevention including ways to involve the private
RES.178,C.C.P.10/28/97 non-for-profit and businesses, such as facilitating job
The Board, BTF and their attorneys met November 5 for the resources, and the development of youth adult community
first time since June 1997. The City was represented at the groups to advise and foster communications.
meeting as well. The group continues to pursue strategies The Department of Human Services, Parks and Recreation
aimed at mutually acceptable solutions. The City continues to is requesting the Council to authorize establishment of an
take the position that it has no legal obligation in the matter, but interfund loan of $57,165.00.
that it has an interest in seeing the issue solved in an intelligent REFERRED TO THE COMMITTEE ON FINANCE
way.
I trust this answers your question. FROM THE BUFFALO URBAN RENEWAL AGENCY
REFERRED TO THE COMMITTEE ON EDUCATION
NO54
NO.50 BUFFALOURBANRENEWALAGENCY
"SELECTIONOFCOLLECTIONAGENCY- COUNTYCOURTHOUSE
PARKINGANDADJUDICATIONFINES"
The City's contract with Financial Collections Agencies, Inc. It is my understanding that a recent meeting was
("FCA") for collections work on parking tickets and held between Rick Schecter, John, yourself and others from
administrative adjudication fines has expired. A request for the County and David Sengbusch, Maria Scinta and Mike
proposals for new agencies was issued by the Comptroller's McCarthy from the City, where the Land Disposition Agreement
office in January of 1997. (LDA) for the new County Court House was discussed. I
Thirteen responses were received, a total of five companies further understand that the county would prefer to have the
were selected for interview and interviewed by the Comptroller's project approved by a committee rather than by BURA and the
Division of Collections, the Division of Parking Violations and Common Council. There is no requirement in the law for such
Administrative Adjudication. The result of the joint selection a committee and its recommendations are not a substitute for
process is to recommend the engagement of Great Lakes Agency and Common Council approval.
Bureau, 45 Oak Street, Buffalo. Both the Comptroller and While we do not object to an advisory committee of
myself concur on this recommendation. whatever size, and would be pleased to participate in its
I Great Lakes Bureau's cost of services is 22%, which by City deliberation, it must be pointed out that no matter how
ordinance will be passed on to the debtor; by comparison, the beneficial its involvement might be, its function would be only
advisory. With regard to the issue of approval of the County's Intern.
plan, we are bound by the provisions of the General Municipal Mrs. LoTempio moved the approval of the appointments to the
Law with regard to the development and disposition of BURA-position of Council Intern.
owned property within an urban renewal area. ADOPTED.
We are prepared to be as flexible as the law allows. Appointment Effective: October 28, 1997 in the Department
In the normal development process, we insist upon seeing the of Common Council to the Position of Intern V
financing plan; the building plans; an external rendering; a Seasonal, Non-Competitive, at the Flat Starting Salary of $8.00
complete site plan; and a strict timetable for commencement per hr.
and completion of the project. In this instance, because we are Kim A. Hudecki, 108 University Ave., Buffalo, N. Y. 14214
dealing with a fellow municipal government, we are willing to
liberalize our requirements to somewhat unfetter the process. NO60
You can certainly appreciate that we need to NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
examine the way in which the new building will integrate with
existing utility, sanitary sewer and storm drain easements and I transmit herewith certificates received by me, reporting
infrastructure. Similarly, we have an interest and responsibility seasonal and flat salary appointments made in various
to provide for an efficient traffic pattern for vehicular and departments.
pedestrian traffic to and from, as well as around, the new RECEIVED AND FILED.
structure. Also, our staff and legislators are very much Appointment Effective November 1, 1997, in the Department
concerned with compliance. with the existing urban renewal of 61-Stadium and Auditorium and Division of 1-North
plan. Some of the basic requirements such as building height; AmeriCare Park to the Position of Senior First Class Stationary
landscaping; parking requirements; and other considerations Engineer, Temporary Appointment at the Flat Starting Salary of
must be respected if the City is to accept the Advisory $7.33/hr
Committee's recommendations and approve the plan and the James Delmont, 106 Hartwell Road, Buffalo, N.Y. 14216
LDA. John LoTempio, 57 Wilbury Place, Buffalo, N.Y. 14216
To the extent that we are consulted and have an Kevin McAllister, 424 Dorrance Avenue, Buffalo, N.Y. 14218
opportunity to review with you these and other elements, the Appointment Effective October 29, 1997, in the Department
process of approval should be relatively quick and painless. I of Public Works, Division of Buildings, to the Position of
look forward to meeting with your Advisory Committee Senior First Class Stationary Engineer, Temporary at the Flat
appointees and accelerating the process of the approval of your Starting Salary of $ 7.33/hr.
plans. David A. Fatig, 234 Winston Road, Buffalo N.Y. 14216
REFERRED TO THE COMMITTEE ON COMMUNITY Appointment Effective: October 30, 1997 in the Department
DEVELOPMENT of General Service Division of Inventory & Stores to the
Position of Laborer II (Seasonal), Temporary Non-Competitive
FROM THE CITY CLERK at the Flat Starting Salary of $ 6.92
Steven Radominski, 136 Weimar St., Buffalo, N.Y. 14206
NO55 Appointment Effective October 28, 1997 in the Department
MAYORREPORTEDOUTOFSTATE of Street Sanitation to The Position of Laborer II (Seasonal)
Non-Competitive, at the Flat Starting Salary of $ 6.92 hr.
I transmit herewith a communication received by me Ronald Link, 75 Marion Street, Buffalo, New York 14207
from the Mayor, reporting his absence from the state from Michael J. Stachoski, 116 Carmel Rd., Buffalo, N. Y. 14214
Saturday, November 8, 1997 at 10:45 a.m. until Saturday, Appointment Effective October 23,1997 in the Department
November 15, 1997 at 10:30 p.m. of Human Services, Parks and Recreation to the Position of
RECEIVED AND FILED. Fee Collector, Seasonal Non-Competitive, at the Flat Starting
Salary of $5.15/hr.
NO56 Corey Krug, 153 Shenandoah, Buffalo, N.Y. 14220
LIQUORLICENSEAPPLICATIONS Cherly Moran, 24 Albert, Buffalo N.Y. 14207
Joseph McMahon, 81 Briggs, Buffalo N.Y. 14207
Attached hereto are communications from persons William Orr, 44 Portland, Buffalo, N.Y. 14220
applying for liquor licenses from the Erie County Alcohol William Stevenson, 123 Laird Ave., Buffalo, N.Y. 14207
Beverage Control Board. Appointment Effective October 27,1997 in the Department
of Human Services, Division of Recreation to the position of
Address Business Name Owner's Name Refrigeration Plant Engineer, Seasonal Non-competitive at the
Flat rate of $6.91/hr.
1989 Niagara St. Casey's Dock, Inc. L. Nowak Mark Scanlon, 771 Abbott Road, Buffalo, N.Y. 14220
1223 Richmond St. No Name Given A. Zaccagino Appointment Effective, October 30,1997 in the Department
1412 Main St. The A Train Inc. P. Kelleher of Human Services in the Division of Recreation to the Position
RECEIVED AND FILED of Fee Collector, Seasonal, Non-Competitive, at the Flat rate
of $5.15/hr.
NO57 Salvatore Cicatello, 90 Eckhert, Buffalo, N.Y. 14207
LEAVESOFABSENCEWITHOUTPAY James Paul, 139 Kelburn, Buffalo, N.Y. 14206
Rafael Ramos, 200 Condon, Buffalo, N.Y. 14207
I transmit herewith notifications received by me, reporting the Appointment Effective November 6, 1997 in the Department
granting of the leaves of absence without pay, in the various of Human Services, Division of Recreation to the Position or
departments as listed: Laborer II, Seasonal, Non-Competitive, at the Flat Starting
Public Works Kenneth Rucinski Salary of $6.92/Hr.
Police B. Miller-Williams, Jenyne Langhorne, Vanessa Rove Juanell Webb, 52 Dartmouth Avenue, Buffalo, N.Y. 14215
Fire- Ron Cassell (Rescind L/A) Appointment Effective November 7, 1997 in the Department
Community Development Tom Puglisi Of Human Services, Division of Recreation to the Position of
Human Services, Parks/Rec.James Harrington, Elizabeth Fee Collector, Seasonal, Non-competitive at the Flat rate of
Britton $5.15/Hr.
RECEIVED AND FILED. Joseph Sammarco, 123 Frontenac, Buffalo, N.Y. 14216
Appointment Effective November 3, 1997 the Department
NO58 of Human Services, Division of Recreation to the
REPORTSOFATTENDANCE Position of Fee Collector, Seasonal, Non-Competitive at the
Flat rate of $5.15/Hr.
I transmit herewith communications received by me, from Catherine Long, 14 Yale Place, Buffalo, N.Y. 14210
the various boards, commissions, agencies and authorities Michael Wachowicz, 147 Barnard, Buffalo, N.Y. 14206
reporting the membership attendance at their respective Jeffrey Dickmann, 301 Roesch, Buffalo, N.Y. 14207
meetings: Daniel DiPirro, 52 Taunton Place, Buffalo, N.Y. 14216
Buffalo Sewer Authority Bridget Granville, 57 Hanson, Buffalo, N.Y. 14220
City Planning Board
RECEIVED AND FILED. NO61
APPOINTMENTS-TEMPORARY,PROVISIONALOR
NO59 PERMANENT
NOTICESOFAPPOINTMENTS-COUNCILINTERNS I transmit herewith Appointments in the various departments
made at the Minimum (Temporary, Provisional or Permanent)
I transmit herewith appointments to the position of Council and for Appointments at the Maximum (as per contract
requirements) . NO.64
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. TCIOFNEWYORK,INC.
TCIDIGITALCABLE
Appointment Effective October 20, 1997 in the Department This letter is an update on past information we communicated
of Community Development, Division of In-Rem to the Position to you and our customers regarding a new digital entertainment
of Laborer I, Permanent, Non-Competitive at the Starting SaIary service called TCI Digital CableIn order for us to be able to
.
of $19,980
offer our customers the choice of over 40 new digital channels,
Samuel Fanara, 75 Edge Park, Buffalo, New York 14216
it is necessary to make a few changes in our current channel
Appointment Effective November 3, 1997, in the
lineup, which will create the channel space needed to offer TCI
Department of Community Development, Division of In-Rem to
DigitalCable.
the Position of Laborer I, Permanent, Non-Competitive at the
The original correspondence stated that TCI's channel lineup
Starting Salary of $ 19,980
would change on or after October 15, 1997. The effective date
Willie Belton, 312 Goodyear Ave., Buffalo, New York 14212
has since been moved to November 1, 1997. Further details of
Appointment Effective October 27, 1997 in the Department
TCI Digital Cable's special features, packages and rates will be
of Street Sanitation Division of Equipment 0perator, Provisional
available in November.
Appointment, at the Minimum, Starting-salary of $25,159.
The following programming services will be deleted from their
Eric T. Cacciatore, 24 Arkansas Street, Buffalo, NY 14213
current analog channel positions on November 1, 1997:
Appointment Effective October 27, 1997 in the Department
CHANNEL DELETIONS (EFFECTIVE 11/l/97)
of General Services Division of Inventory & Stores to the
SERVICE CHANNEL#
Position of Duplicating Machine Operator, Provisional
Request 2 57
Promotion at the Minimum Starting Salary of $ 25,617.00
Request 4 59
Garrett Bucknowski, 777 Amherst St., Buffalo, N.Y. 14216
Action Pay Per View 60
Appointment Effective November 3, 1997, in the Department
Spice 61
of Public Works Division of Buildings to the Position of
The Box 61
Senior First Class Stationary Engineer Temporary
In addition to the above programming deletions, the following
Appointment, at the Flat Starting Salary of $7.33/Hr.
programming will be relocated to new channel positions in
Paul N. Calmes, 159 Como Avenue, Buffalo, N.Y. 14220
preparation for TCI Digital Cable:
Raymond M. Harrington, 59 North Ryan Buffalo, N.Y. 14210
CHANNEL RELOCATIONS
Earl J. Mekelburg, 1186 Seneca St. Buffalo, N.Y. 14210
SERVICE MOVED FROM NEW
Alan B. Pilat, 11 Latona Court #4, Buffalo, N.Y. 14220
CHANNEL
Edward D. Standish III, 14 Portland St. Buffalo, N.Y. 14220
CMT - Country Music 57 58 (1 a.m.-2 p.m.)
Appointment Effective November 5, 1997, in the Department
Television
of Police to the Crossing Guard, Temporary, Non-
E! Television 60 58 (2 p.m.-1 a.m.)
Competitive at the Minimum Starting Salary of $6.09/hr.
Fit TV 59 49 (shared part-
Grace July, 88 Amelia St., Buffalo, NY 14220
time with MSG)
Appointment Effective November 5, 1997 in the Department of
Request 58 57
Police, to the Position of Crossing Guard, Temporary, Non-
TCI of New York, Inc. understands that decisions to change
Competitive, at the minimum Starting Salary of $6.09/Hr.
cable programming on our line-up affects certain segments of
Florence Davis, 62 Woltz Ave., Buffalo, NY 14212
our customer base- however, such decisions are absolutely
Appointment Effective November 3, 1997, in the Department of
necessary and inevitable at certain times. We never alter any
Police to the Position of Cellblock Attendant, Contingent
service from our line-up without careful and considerable
Permanent at the Minimum Starting Salary of $ 23,622.
deliberation. By choosing to remove three part-time pay-per-
Kenneth J. Rucinski 115 Dempster St., Buffalo, N.Y. 14206
view channels, The Box, and our part-time Home Shopping
Network, we feel we have minimized the amount of impact to
NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
our customers. TCI customers were notified of these changes
REMONSTRANCES
in August and September in order to meet the necessary FCC
requirements.
NON-OFFICIALCOMMUNICATIONS
Information regarding M Digital Cableand all of the details
NO.62
about this entertainment breakthrough will be available later in
BTF
November. Until that time, you are welcome to contact me at
BACKPAYLAWSUIT
843-8030 if you have any questions about TCI Digital Cable
.
We received your correspondence (attached) today November
As always, TCI of New York, Inc. is committed to providing the
5th. Hopefully, you will receive this by tomorrow, November
City of Buffalo with quality information and entertainment
6th.
services and the best value through superior customer
Since this is a matter that involves litigation, I am uncomfortable
satisfaction.
coming before the Council or providing a statement without
RECEIVED AND FILED.
approval from the attorney that the City has retained (Terence
O'Neil) and our counsel.
NO.65
I can say that all participants, representatives of the City, the
L.WILLIAMS
District and the BTF met for the first time today since June 3,
PERMISSIONTOREPRODUCEMAPINPUBLICATION
1997. Details of these meetings would more appropriately be
I hereby request permission to use documents that
secured from the counsel who represents the City.
either were generated by the city government or commissioned
The BTF and the District have agreed on a public joint press
by it for use in my book Mr.
Strangers in the Land of Paradise.
statement (copy is attached). If you need further information,
David State of the law department informed me that Council
please advise me. Please understand I do not want to over-
action is necessary in this instance. My book is a history of
step the bounds that have been set.
Buffalo's African American community at the turn of the century
REFERRED TO THE COMMITTEE ON EDUCATION.
and Indiana University press will publish it next year. The
press requires a release form for publication.
NO.63
Specifically, I would like to use a map from
Pioneers
J.KUC
by Stephen Gredel that was published by the Buffalo
Of Buffalo
REQUESTPAYMENTFORVACATIONTIME
Human Rights Commission in 1965. 1 also would like to use
This is a request for payment of vacation time. Prior to
1930s maps that the Municipal Housing Authority published
my retirement, I spoke to Labor Relations and was told that I
and which were submitted to the Public Housing
would be paid for all my accumulated days. I called twice
Administration.
regarding this and both times I received the same answer.
I will acknowledge your contribution in my
Now I am informed that I have 8.37 days that will not
publication. Your attention to this matter is most appreciated.
be paid by the payroll department because it is over the limit for
As per our discussion last week, I contacted Mr.
vacation time. If I had been properly advised by Labor
David State of the city law department to secure a release to
Relations, I would have used this excess time before my
publish Buffalo city documents. Mr. State informed me that it
retirement. I am, therefore, requesting that you authorize
will be necessary for the Common Council to enact a resolution
payment for this time in the amount of $1318.53.
granting me permission to use documents that either were
Thank you for your cooperation in this matter.
generated by city agencies or commissioned by them.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
I am enclosing my formal request for use of Buffalo
COMMISSIONER OF ADMINISTRATION AND FINANCE,
city documents so that you may place my request on the
AND CORPORATION COUNSEL.
agenda of the Common Council.
I am grateful for the expeditious manner in which you
have handled my request and I shall appreciate your attention ADOPTED.
to this matter.
Mrs. LoTempio moved: NO.74
That Lillian S. Williams is hereby granted permission FAMILYMED.LEAVEACT(CSC)
to use a map from Pioneers of Buffalo by Stephen Gredel (ITEM#46CCPSEPTEMBER30,1997)
published by the Buffalo Human Rights Commission in 1965 That the above mentioned item be and the same is hereby
and 1930's maps published by the Municipal Housing Authority received and filed.
in her publication,. ADOPTED.
Strangers in the Land of Paradise
PASSED.
NO.75
AYES-12. NOES-0.
BFLO.FIREFIGHTERS-FAMILYMED.LEAVEACT
(ITEM#75CCPOCTOBER28,1997)
NO.66
That the above mentioned item be and the same is hereby
C.THOMAS
received and filed.
1715JEFFERSONAVENUE
ADOPTED.
NONCOMPLIANCEWITHHAMLINPARKOVERLAY
I am writing to respectfully request a hearing to be
NO.76
held on 1715 Jefferson Avenue and the owner's
CHIEFSPOSITIONSADDEDTOCITYORD.(POL)
noncompliance with the Hamlin Park Overlay District, section
(ITEM#22CCPSEPTEMBER30,1997)
511.68.1 of the Buffalo City Charter. Currently, we are
That the above mentioned item be and the same is hereby
receiving numerous complaints that the owner is continuously
received and filed.
making repairs in violation of the Overlay.
ADOPTED.
I have attached a copy of a letter sent to the owner's
lawyer by Commissioner Alan DeLisle. When this notice was
NO.77
sent there was no change in use of 1715 Jefferson. However,
CHIEFSPOSITIONADDEDTOORD..(A&F)
since that time, there has been a complete metamorphosis of
(ITEM#62CCPOCTOBER14,1997)
the structure. Please have someone from the inspections
That the above mentioned item be and the same is hereby
department to assess the building as soon as possible
received and filed.
Thank you for your anticipated cooperation in this
ADOPTED.
matter. If you have any questions or comments, please contact
Ms. Margaret Strassner, President of Hamlin Park Community
NO.78
and taxpayers’ Association, at 881-5150 or myself at 884-2188.
APPT.ADM.ASST.(INTER.)(A&F)(#38,9/30/97)
REFERRED TO THE COMMITTEE ON LEGISLATION AND
(ITEM#93CCPOCTOBER14,1997)
COMMISSIONER OF COMMUNITY DEVELOPMENT.
That the above mentioned item is returned without
recommendation
PETITIONS
Mr. Czajka now moved that the above mentioned item be and
the same is hereby received and filed.
NO.67
ADOPTED.
Benderson 85-1 Trust, owner, petition to use 355 Military for a
AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK,
pole sign.
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
QUINTANA, WILLIAMS, ZUCHLEWSKI-11.
CITY PLANNING BOARD AND THE COMMISSIONER OF
NOES-GRAY-1.
COMMUNITY DEVELOPMENT.
NO.79
NO.68
NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK)
Ronald Y. Alsheimer, owner, petition to use 2635 Delaware for
(ITEM#72CCPOCTOBER28,1997)
a pole sign.
That the above mentioned item be and the same is hereby
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
received and filed.
CITY PLANNING BOARD AND THE COMMISSIONER OF
ADOPTED.
COMMUNITY DEVELOPMENT
NO.80
NO.69
APPOINTMENT
E. Thomas & 0. - Oppose Harbor House Drop in Center - 244
ACCOUNTEXECUTIVE
Genesee St.
STREETSANITATION
REFERRED TO THE COMMITTEE ON LEGISLATION.
That communication 73, October 28, 1997 be received and
filed and the Provisional appointment of Clyde L. Eschborn
REGULARCOMMITTEES
stated above at the minimum salary $23,909.00 effective on
October 27, 1997 is hereby returned to the Common
CIVILSERVICE
Council without recommendation.
DAVIDJ.CZAJKA,CHAIRMAN
Mr. Czajka moved that the above item be recommitted to the
Committee on Civil Service.
NO.70
ADOPTED.
REQ.COURTSHALTDELAYS-RESIDENCYLAW
BREAKERS(CSC)
NO.81
(ITEM#45CCPSEPTEMBER30,1997)
SALARYORDINANCEAMENDMENT
That the above mentioned item be and the same is hereby
40-DEPARTMENTOFPUBLICWORKS
received and filed.
1-DIVISIONOFENGINEERING
ADOPTED.
023TRAFFICENGINEERINGSERVICES
(ITEMNO.159,C.C.P.,OCT.28,1997)
NO.71
That the Salary Ordinance Amendment as contained in Item
REQUESTTOHIRECITYRECRUITER(A&F)
No. 189, C.C.P., October 28, 1997, be and the same hereby is
(ITEM#57CCPOCTOBER28,1997)
approved.
That the above mentioned item be and the same is hereby
PASSED.
received and filed.
AYES-12. NOES-0.
ADOPTED.
NO.82
NO.72
ORDINANCEAMENDMENT-CHAPTER35PERSONNEL
CIVILSERVICEBROCHURE
POLICIES
(ITEM#187CCPJULY8,1997)
(ITEMNO.160,C.C.P.,OCT.28,1997)
That the above mentioned item be and the same is hereby
That the Ordinance Amendment as contained in Item No. 160,
received and filed.
C.C.P., October 28, 1997, be and the same hereby is
ADOPTED.
approved.
PASSED.
NO.73
AYES-12. NOES-0.
FAMILY/MEDICALLEAVEACT(A&F)
(ITEM#50CCPSEPTEMBER16,1997)
FINANCE
That the above mentioned item be and the same is hereby
DAVIDA.FRANCZYK,CHAIRMAN
received and filed.
SNOWINSURANCE
NO.83 ITEM#162CCPJULY8,1997
D.LEON-CANCELTREEREMOVALCHARGE-13That the above mentioned item be and the same is
MARINERSTREET hereby received and filed.
(ITEMNO.90,C.C.P.,JUNE24,1997) Mrs. LoTempio moved that the above item be recommitted to
That the Commissioner of Assessment be, and he the Committee on Finance.
hereby is authorized to remove the tree removal fee from the tax ADOPTED.
roll against Dolores Leon, 13 Mariner Street.
PASSED. NO.94
AYES-12. NOES-0. RENEWLEASE-BELLAVISTAGROUP,INC.
(ITEMNO.20,C.C.P.,OCT.28,1997)
NO.84 That the above item be, and the same hereby is returned to the
D.LEON-CANCELTREEREMOVALCHARGE-15Common Council without recommendation.
MARINER Mrs. LoTempio moved that the above item be recommitted to
ITEM#22CCPJULY22,1997 the Committee on Finance.
That the above mentioned item be and the same is hereby ADOPTED.
received and filed.
ADOPTED. NO.95
SETTLEMENTOFCLAIM-NYNEXCORPORATION
NO.85 (ITEMNO.43,C.C.P.,OCT.28,1997)
SNOWINSURANCE That the Acting Corporation Counsel be, and he
ITEM#162CCPJULY8,1997 hereby is authorized to accept the settlement of $14,000.00
That the above mentioned item be and the same is hereby from NYNEX Corporation in settlement of the City's claim; and
received and filed. that the Comptroller be, and he hereby is authorized to execute
ADOPTED. a general release to the NYNEX Corporation and/or Bell
Atlantic in the amount of $14,000.00 releasing said corporation
NO.86 from further claims against the City.
SNOWINSURANCE(A&F) PASSED.
(ITEM#37CCPSEPTEMBER30,1997) AYES-12. NOES-0.
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED. LEGISLATION
(ALFREDT.COPPOLA,CHAIRMAN)
NO.87 NO.96
AUDIT-STREET-CIDREFUSE-SOLIDWASTEDISPOSALORDINANCEAMENDMENT-CHAPTER511-ZONING
(COMPT) (PROJECTIONS)
ITEM#11CCPJULY22,1997) (Item No. 153, C.C.P., Oct. 14,1997)
That the above mentioned item be and the same is hereby That the Ordinance Amendment as contained in Item No. 153,
received and filed. C.C.P., October 14, 1997, be and the same hereby is
ADOPTED. approved.
PASSED
NO.88 AYES-12 NOES-0
AUDIT-STREET-CID-RECYCLING(COMPT)
ITEM#12CCPJULY22,1997
That the above mentioned item be and the same is hereby NO.97
received and filed. ORDINANCEAMENDMENT-CHAPTER511-ZONING
ADOPTED. (ADULTUSES)
(Item No. 167, C.C.P., Oct. 14, 1997)
NO.89 That the Ordinance Amendment as contained in Item No. 167,
SONS/DAUGHTERSOFKINGS&QUEENS-REQ.C.C.P., October 14, 1997, be and the same hereby is
SURPLUSFURN approved.
(#93,7/8 PASSED
ITEM#169CCPJULY22,1997 AYES-12 NOES-0
That the above mentioned item be and the same is hereby
received and filed. NO.98
ADOPTED. BRUCEANDREWS,PETITIONTOUSE285SOUTHSIDE-
POLESIGN
NO.90 (ITEMNO.78,C.C.P.,OCT.28,1997)
BRACO-I-REFUNDOFEXCESSREALPROPERTYTAXESThat after a public hearing before the Committee on Legislation
1996-97 on November 5, 1997, the petition of Bruce Andrews, owner,
(ITEMNO.50,C.C.P.,SEPT.2,1997) for permission to use 285 Southside for a pole sign be, and
That the Commissioner of Assessment be, and he hereby is denied.
hereby is authorized to refund $9,417.35 to Braco-I for ADOPTED
properties known as 210 Allen, 359-375 Busti, 279 Niagara,
231 West, 87 Whitney, 346-350 Franklin, 922-928 Main and NO.99
74-78 Grant. RICHARDL.LAPLANTE,JR.,PETITIONTOUSE783-785
PASSED. ELMWOOD-SIT-INRESTAURANT
AYES-12. NOES-0. (ITEMNO.79,C.C.P.,OCT.28,1997)
That the above item be, and the same hereby is returned to the
NO.91 Common Council without recommendation.
REFUNDEXCESSTAXES-BRACOI(ASSMT) Mr. Coppola moved that the above item be recommitted to the
ITEM#18CCPSEPTEMBER16,1997 Committee on Legislation.
That the above mentioned item be and the same is hereby ADOPTED.
received and filed.
ADOPTED. NO.100
ZIONDOMINIONCHURCH,PETITIONTOUSE364
NO.92 GENESEE-POLESIGN
CHANGE.CONTRACT-RECONSTR.VAR.RAMPS(ITEMNO.80,C.C.P.,OCT.28,1997)
(BD.PKG.) That the above item be, and the same hereby is, returned to the
ITEM#7CCPOCTOBER14,1997 Common Council without recommendation.
That the above mentioned item be and the same is Mr. Coppola moved that the above item be recommitted to the
hereby received and filed. Committee on Legislation.
Mrs. LoTempio moved that the above item be recommitted to ADOPTED.
the Committee on Finance.
ADOPTED. NO.101
P.D.S.CONTRACTING,INC.,PETITIONTOUSE199
NO.93 SCOTT-BILLBOARD
(ITEMNO.84,C.C.P.,OCT.28,1997) NO.111
That the above item be, and the same hereby is returned to the NOTIFICATIONSER.#8961-8963(PW)(*8963--LEG)
Common Council without recommendation. (ITEM#25CCPOCTOBER28,1997)
Mrs. LoTempio moved That after a public hearing before the That the above mentioned item be and the same is hereby
Committee on Legislation on November 5, 1997, the petition of received and flied.
P.D. S. Contracting, Inc., owner, for permission to use 199 ADOPTED
Scott Street for a billboard sign not to exceed the legal size for
billboard signs be, and hereby is approved. NO.112
PASSED ENCROACH1641BROADWAY-CANOPY
AYES-12 NOES-0 (ITEMNO.35,C.C.P.,OCT.28,1997)
That the Commissioner of Public Works be, and he hereby
NO.102 is authorized to issue a 14 mere license" to Mr. Harold
LENCO.LUMBERCORP.,PETITIONTOUSE1411Scheckman, owner of Industrial Realty & Funding, located at
SENECASTREET-BILLBOARD 1641 Broadway, to install a wooden canopy, which would
(ITEMNO.72,C.C.P.,SEP.30,1997) encroach city right-of-way at said address, subject to the
That the above item be, and the same hereby is returned to the following conditions:
Common Council without recommendation. 1. That the applicant obtain any and all other City of
Mr. Coppola moved that the above item be recommitted to the Buffalo permits necessary.
Committee on Legislation. 2. That the canopy be installed exactly as shown on
ADOPTED. plans submitted to and approved by the Department of Public
Works, Division of Buildings.
NO.103 3. That the applicant supply the City of Buffalo with a
USE1411SENECA(C.P.BD.) five thousand dollar ($5,000.00) construction in street bond or
(ITEM#8CCPOCTOBER28,1997) certificate of insurance which will indemnify and save harmless
That the above mentioned item be and the same is hereby the City of Buffalo against any and all loss and damage arising
received and filed. out of the construction, maintenance, use and removal of said
ADOPTED wooden canopy.
PASSED
NO.104 AYES-12 NOES-0
ORDINANCEAMENDMENT-CHAPTER133CITY
PROPERTY NO113
(ITEMNO.176,C.C.P.,OCT.28,1997) ENCROACH976ELMWOODAVENUE-AWNING
That the Ordinance Amendment as contained in Item No. 176, (ITEMNO.36,C.C.P.,OCT.28,1997)
C.C.P.,October 28, 1997, be and the same hereby is approved. That the Commissioner of Public Works be, and he hereby is
Mr. Coppola moved that the above item be recommitted to the authorized to issue a 44 mere license" to Mr. Don Leone, owner
Committee on Legislation. of Just Pizza, located at 976 Elmwood Avenue, to install an
ADOPTED. awning, which would encroach city right-of-way at said
address, subject to the following conditions
NO.105 I . That the applicant obtain any and all other City of
J. SANDORO-REQ.CHANGEPKG.RESTRICTIONS-Buffalo permits necessary.
SENECAST. 2. That the awning be installed exactly as shown on
(ITEM#100CCPSEPTEMBER2,1997) plans submitted to and approved by the Department of Public
That the above mentioned item be and the same is hereby Works, Division of Buildings.
received and filed. 3 . That the applicant supply the City of Buffalo with a
ADOPTED five thousand dollar ($5.000.00) construction in street bond or
certificate of insurance which will indemnify and save harmless
NO.106 the City of Buffalo against any and all loss and damage a-rising
J.SANDORO-REQ.CHG.PKG.RESTRICTIONS--out of the construction, maintenance, use and removal of said
SENECAST.(PW) awning.
(ITEM#33CCPOCTOBER28,1997) PASSED
That the above mentioned item be and the same is hereby AYES-12 NOES-0
received and filed.
ADOPTED NO.114
ENCROACH1670HERTELAVENUE-AWNING
NO.107 (ITEMNO.37,C.C.P.,OCT.28,1997)
HANDICAPPEDPKG.ABUSE That the Commissioner of Public Works be, and he hereby is
(ITEM#141CCPSEPTEMBER2,1997) authorized to issue a mere license to Mr. Victor Sorrento,
That the above mentioned item be and the same is hereby owner of Communications Unlimited, Inc., located at 1670
received and filed. Hertel Avenue, to install an awning, which would encroach city
ADOPTED right-of-way at said address, subject to the following conditions:
I . That the applicant obtain any and all other City of
NO.108 Buffalo permits necessary.
ABUSEOFDISABLEDPKG.SPACES(HSPR) 2. That the awning be installed exactly as shown on
(ITEM#41CCPSEPTEMBER30,1997) plans submitted to and approved by the Department of Public
That the above mentioned item be and the same is hereby Works, Division of Buildings.
received and filed. 3. That the applicant supply the City of Buffalo with a
ADOPTED five thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save harmless
NO.109 the City of Buffalo against any and all loss and damage arising
CREATEDOGPLAYPROGRAM out of the construction, maintenance, use and removal of said
(ITEMNO.152,C.C.P.,SEP.30,1997) awning.
That this Common Council hereby directs the Acting PASSED
Corporation Counsel to draft an ordinance amendment which AYES-12 NOES-0
would give the Commissioner of Parks, Recreation and Human
Services the authority to grant dog play permits; and COMMUNITYDEVELOPMENT
That the Commissioner of Parks, Recreation and Human (DALEZUCHLEWSKI,CHAIRMAN)
Services prepare recommendations about how such a program NO.115
could be implemented. TRANSFEROFTITLE,URBANHOMESTEAD-262
ADOPTED. STANTONSTREET
(ITEMNO.45,C.C.P.,OCT.14,1997)
NO.110 That the city-owned property commonly known as 262 Stanton
APPT.MBR.ELEVATORSAFETYREVIEWBD.(CD) Street, is hereby designated as Homestead Property, and that
(ITEM#1CCPOCTOBER28,1997) the Mayor be, and he hereby is authorized to execute a deed
That the above mentioned item be and the same is hereby transferring said property to Mr. George Rivers, residing at 260
received and filed. Stanton Street, for the amount of $ 1. 00 (One Dollar), and all
ADOPTED costs of transfer, on the condition the property is cleared and
improved within six (6) months and maintained in a sanitary
manner. That the above mentioned item be and the same is hereby
PASSED received and filed.
AYES-12 NOES-0 ADOPTED
NO.116 NO125
TRANSFEROFTITLE,URBANHOMESTEAD-621CROSSROADCONCESSIONSUB-LEASE
WOODLAWNAVENUE(1/2LOT) (ITEM#50CCPAPRIL4,1997)
(ITEMNO.170,C.C.P.,SEPT.16,1997) That the above mentioned item be and the same is hereby
That the Comptroller and the Commissioner of Community received and filed.
Development be requested to investigate the possibility of ADOPTED
homesteading 649 Woodlawn Avenue, or in the alternative,
considering selling the property. NO.126
ADOPTED. DISPLAYKIOSK-ILLINOIS/SO.PARK(PW)
(ITEM#10CCPJANUARY9,1997)
NO.117 That the above mentioned item be and the same is hereby
TRANSFEROFTITLE,URBANHOMESTEAD-649received and filed.
WOODLAWNAVENUE ADOPTED
(ITEMNO.171,C.C.P.,SEPT.16,1997)
That the Comptroller and the Commissioner of Community NO.127
Development be requested to investigate the possibility of NYSOFFICEOFPARKS-REQ.INFO.
homesteading 649 Woodlawn Avenue, or in the alternative, RECONSTRUCTIONMARINEDRIVEPARKINGLOT
considering selling the property. (ITEM#81CCPOCTOBER29,1997)
ADOPTED. That the above mentioned item be and the same is hereby
received and filed.
NO.118 ADOPTED
TRANSFEROFTITLE,URBANHOMESTEAD-70SOUTH
STREET NO.128
(ITEMNO.180,C.C.P.,SEPT.16,1997) INFO-MARINEDR.PKG.LOTRECONSTR.(BMHA)
That the Comptroller and the Commissioner of Community (ITEM#62CCPNOVEMBER12,1997)
Development be requested to investigate the possibility of That the above mentioned item be and the same is hereby
homesteading 70 South Street. received and filed.
ADOPTED ADOPTED
NO.119 NO.129
HOMEFUNDS115CLAREMONT STATUS-CLASSACT.SUITE/MARINEMIDLANDARENA
(ITEMNO.47,C.C.P.,OCT.28,1997) DESIGN(ADV.OFC.)
That the Commissioner of Community Development be, and he (ITEM#7CCPNOVEMBER12,1997)
hereby is authorized to release the amount of $47,000.00 of That the above mentioned item be and the same is hereby
HOME Funds to Gary J. Greco and Richard Ciocca. The loan received and filed.
terms will be 4% for 15 years at $347.65 per month. ADOPTED
PASSED
AYES-12 NOES-0 NO.130
STATUSCLASSACT.SUIT/MARIN.EMIDLANDARENA
NO.120 DESIGN(CD)
HOMEFUNDS537GLENWOOD (ITEM#35CCPDECEMBER10,1997)
(ITEMNO.48,C.C.P.,OCT.28,1997) That the above mentioned item be and the same is hereby
That the Commissioner of Community Development be, and he received and filed.
hereby is authorized to release the amount of $14,196.00 of ADOPTED
HOME Funds to Ms. Maeruth Wilson. The loan terms will be
4% for 15 years at $105.01 per month. NO.131
PASSED EASTERNPARALYZEDVETASSN.-ACCESS.MARINE
AYES-12 NOES-0 MIDLANDARENA
(ITEM#108CCPNOVEMBER26,1997)
NO.121 That the above mentioned item be and the same is hereby
HOMESTEAD/PURCHASE6GIRARDPLACE received and filed.
(ITEMNO.183,C.C.P.,OCT.28,1997) ADOPTED
That this Common Council request the reconsideration of
transfer of title of 6 Girard Place to Mr. and Mrs. Chestee A. NO.132
Keaton under the Urban Homestead Program, with the MARINEMIDLANDARENA-E.PARA.VET.ASSN.BS.
conditions as set by the Department of Community CROSSROADS
Development. (ITEM#90CCPJANUARY21,1997)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
EDUCATION ADOPTED
(BARBARAA.KAVANAUGH,CHAIRPERSON)
NO.122 NO.133
REPORTPLANS-GROVERCLEVELANDHIGHSCHOOLADACOMPLIANCE-MARINEMEDLANDARENA(PW)
(BD.ED.) (ITEM#18CCPNOVEMBER26,1996)
(ITEM#64CCPOCTODERI4,I997) 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.134
SPECIALCOMMITTEES BALTIMOREST.GRANITEBLOCK
STADIUM/AUDITORIUMTASKFORCE (ITEM#49CCPJULY231996)
(JAMESW.PITTS,CHAIRMAN) That the above mentioned item be and the same is hereby
NO.123 received and filed.
A.GARDNER-CROSSROADPROJECTSUPDATE ADOPTED
(ITEM#110CCPMARCH7,1997)
That the above mentioned item be and the same is hereby NO.135
received and filed. COBBLESTONEINVEST.RPT.-MARINEMID.ARENA
ADOPTED ROADWAYS
(ITEM#50CCPJULY23,1997)
NO.124 That the above mentioned item be and the same is hereby
BEDTAXSETTLEMENTAGREE-CROSSROADS(CITYreceived and filed.
CLERK) ADOPTED
(ITEM#61CCPMARCH21,1.997)
NO.136 not be able to take advantage of the savings and reliability
AUTH.COBBLESTONESTS.(ISTRES.ADOPTED) available through alternative forms of electric power without
(ITEM#175CCP118,1997) paying fees to NIMO; and
That the above mentioned item be and the same is hereby Whereas: It appears that the net effect of these
received and filed. access charges and exit fees is to make onsite power
ADOPTED generation and other alternatives to the purchase of power from
NIMO completely uneconomical and thus discourage
NO.137 competition which eliminates any chance for lower rates.
MARINEMIDLANDARENAREQ.#24(CC) Now therefore be it resolved that
(ITEM#35CCPDECEMBER23,1997) The City Clerk send certified copies of this resolution to the
That the above mentioned item be and the same is Public Service Commission and to Niagara Mohawk requesting
hereby received and filed the appearance of their representatives before this body at the
ADOPTED next Legislation Committee meeting, November 18, 1997, to
address the exit and access fee provision of Niagara Mohawk's
NO.138 PowerChoice settlement agreement; and
COBBLESTONEDISTR.(PW) Be it further resolved that
(ITEM#39CCPMARCH4,1997) This Common Council and the Masiello Administration
That the above mentioned item be and the same is hereby formally oppose the PowerChoice settlement plan and send
received and filed. representation to the Public Service Commission's local
ADOPTED hearing on December 3, 1997, at 6:00 pm, at Williamsville High
School; and
NO.139 Be it finally resolved that
MARINEMIDLANDARENAREQ.#26(CC) The Corporation Counsel investigate the legality of
(ITEM#48CCPFEBRUARY18,1997) PowerChoice and its complete monopoly on electric power
That the above mentioned item be and the same is hereby service in Western New York in light of the new federal laws
received and filed. deregulating the electric power service industry.
ADOPTED Mrs. LoTempio moved:
That the First and Second Resolves be Adopted and that the
NO.140 rest of the items be referred to the Legislative Committee,
MARINEMIDLANDARENA-CALLCUNAUDITEDFINCorporation Counsel, Public Service Commission and Niagara
STATE.11/96 Mohawk Power Corporation,
(ITEM#91CCPJANUARY21,1997) ADOPTED
That the above mentioned item be and the same is hereby
received and filed. NO.145
ADOPTED By: Mr. Franczyk:
BONDRESOLUTION
NO141 $1,000,000BONDS
MARINEMIDLANDARENA-CALLCUNAUDITEDFINPLANNINGBROWNSFIELDREMEDIATION
STATEMENTS.(CC) ACCOUNTNO.200-717
(ITEM#41CCPMARCH18,1-997) Bond Resolution of the City of Buffalo, New York,
That the above mentioned item be and the same is hereby authorizing the issuance of $1,000,000 General
received and filed. Improvement Bonds of said City, to finance the cost of
ADOPTED planning Brownsfields remediation, at the estimated
maximum cost of $1,000,000.
NO.142 The Common Council of the City of Buffalo, in the County of
MARINEMIDLANDARENA-JUMBOTRONLOSS(BURA) Erie, New York, hereby resolves (by the favorable vote of not
(ITEM#67CCPFEBRUARY18,1997) less than two-thirds of all the members of said Common
That the above mentioned item be and the same is hereby Council) as follows:
received and filed. Section 1. The Comptroller of the City of Buffalo, in the
ADOPTED County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement Bonds
NO.143 of said City in the principal amount of One Million Dollars
NORTHAMERICARE-INSTALLSIGNAGEATENTRANCE ($1,000,000), pursuant to the provisions of the Charter of said
(ITEM#88CCPMARCH18,1997) City and the Local Finance Law, constituting Chapter 33-a of
That the above mentioned item be and the same is hereby the Consolidated Laws of the State of New York (the "Law"), to
received and filed. finance the cost of planning Brownsfields remediation,
ADOPTED including enviromnental testing at various sites in the City. The
estimated maximum cost of said specific object or purpose for
RESOLUTIONS which the bonds authorized by this resolution are to be issued,
NO.144 including preliminary costs and costs incidental thereto and the
By: Mr. Coppola and Mrs. LoTempio
financing thereof, is $1,000,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1997-
REQUESTINFORMATIONFROMPSC-NIMO
98, as amended.
POWERCHOICEPROGRAM
Section 2. The proceeds of the sale of the bonds authorized
Whereas: Niagara Mohawk's PowerChoice
by this resolution, or any bond anticipation notes issued in
settlement agreement appears to be expressly designed to
anticipation of the sale of said bonds, shall be deposited in the
eliminate competition, and thus any chances of lower rates; and
Capital Projects Fund to the credit of the Department of
Whereas: Only a small group of users state-wide will
Community Development, Division of Development "
benefit from the plan with the rest of
Remediation Brownsfields, 1997-98, " Account No. 200-717,
NIMO's customers paying exorbitant rates and fees to
and shall be used for the purpose specified in Section I of this
subsidize those benefiting from
resolution.
PowerChoice; and
Section 3. The City intends to finance, on an interim basis,
Whereas: Under PowerChoice, any municipality
the costs or a portion of the costs of said improvements for
presently working on establishing its own power company will
which bonds are herein authorized, which costs are reasonably
be penalized; any alternative supplier will be penalized; and any
expected to be incurred by the City, pursuant to this Bond
customer installing self-generating equipment on-site will be
Resolution, in the maximum amount of $1,000,000. This
penalized; and
resolution is a declaration of Official Intent adopted pursuant to
Whereas: This Common Council supported the
the requirements of Treasury Regulation Section 1. 150-2.
creation of an advisory committee on municipal electric utility
Section 4. The following additional matters are hereby
service and energy for the express purpose of studying the
determined and stated:
possibility of creating our own municipal electric service; and
(a) The period of probable usefulness applicable to the
Whereas: PowerChoice would halt these efforts and
specific object or purpose for which the bonds authorized by
doom the City of Buffalo to a $30 million plus electric bill each
this resolution are to be issued, within the limitations of Section
year, with no chance of creating our own municipal electric
1 1.00 a. 62(2nd) of the Local Finance Law, is five (5) years.
service for up to the next fifteen years or even reducing our
(b) Current funds are not required by the Law to be
costs through other alternatives; and
provided as a down payment prior to the issuance of the bonds
Whereas: If PowerChoice is approved, New York
authorized by this resolution or any bond anticipation notes
State would be the only state in the nation where customers will
issued in anticipation thereof in accordance with Section limitations of Section 1 1.00
107.00 d. 9. of the Law. a. 12(a)(1) of the Local Finance Law, is twenty (20) years.
Section 5. Each of the bonds authorized by this resolution (b) Current funds are not required by the Law to be
and any bond anticipation notes issued in anticipation of the provided as a down payment prior to the issuance of the bonds
sale of said bonds and the renewals of said notes shall contain authorized by this resolution or any bond anticipation notes
the recital of validity as prescribed by Section 52.00 of the issued in anticipation thereof in accordance with Section
Local Finance Law. Said bonds and said notes shall be 107.00 d. 9. of the Law.
general obligations of the City of Buffalo payable as to both Section 5. Each of the bonds authorized by this resolution
principal and interest by general tax upon all the taxable real and any bond anticipation notes issued in anticipation of the
property within said City without limitation as to rate or amount. sale of said bonds and the renewals of said notes shall contain
The faith and credit of said City are hereby irrevocably pledged the recital of validity as prescribed by Section 52.00 of the
to the punctual payment of the principal of and interest on said Local Finance Law. Said bonds and said notes shall be
bonds and said notes. Provision shall be made annually by general obligations of the City of Buffalo payable as to both
appropriation by said City for the payment of interest on and for principal and interest by general tax upon all the taxable real
the amounts required for the amortization and redemption of property within said City without limitation as to rate or amount.
said bonds and said notes. The faith and credit of said City are hereby irrevocably pledged
Section 6. The validity of the bonds authorized by this to the punctual payment of the principal of and interest on said
resolution or any bond anticipation bonds and said notes. Provision shall be made annually by
notes issued in anticipation of the sale of said bonds, may be appropriation by said City for the payment of interest on and for
contested only if- the amounts required for the amortization and redemption of
(a) such obligations are authorized for an object or said bonds and said notes.
purpose for which the City of Buffalo is not authorized to Section 6. The validity of the bonds authorized by this
expend money, or resolution or any bond anticipation notes issued in anticipation
(b) the provisions of law which should be complied with of the sale of said bonds, may be contested only if-
at the date of the publication of such resolution are not (a) such obligations are authorized for an object or
substantially complied with, purpose for which the City of Buffalo is not authorized to
and an action, suit or proceeding contesting such validity, is expend money, or
commenced within twenty days after the date (b) the provisions of law which should be complied with
of such publication, or at the date of the publication of such resolution are not
(c) such obligations are authorized in violation of the substantially complied with,
provisions of the constitution. and an action, suit or proceeding contesting such validity, is
Introduced: November 12, 1997 commenced within twenty days after the date of such
LAID ON THE TABLE publication, or
(c) such obligations are authorized in violation of the
NO.146 provisions of the constitution.
By: Mr. Franczyk: Introduced: November 12, 1997
BONDRESOLUTION LAID ON THE TABLE
$17,325,000SCHOOLBONDS
RECONSTRUCTIONVARIOUSSCHOOLS NO.147
FUND299-975 By: Mr. Franczyk:
Bond Resolution of the City of Buffalo, New York, BONDRESOLUTION
authorizing the issuance of $17,325,000 School Bonds of $500,000BONDS
said City, to finance the costs of partial reconstruction of CONSTRUCTIONSCHOOL62COMMUNITYCTR.
various School Buildings in the City, at the estimated ACCOUNTNO.200-402
maximum cost of $17,325,000. Bond Resolution of the City of Buffalo, New York,
The Common Council of the City of Buffalo, in the County of authorizing the issuance of $500,000 General Improvement
Erie, New York, hereby resolves (by the favorable vote of not Bonds of said City, to finance the additional cost of partial
less than two-thirds of all the members of said Common reconstruction of the former School No. 62 building, located
Council) as follows: at 382 Urban Street, to provide a Community Center, at the
Section 1. The Comptroller of the City of Buffalo, in the estimated maximum cost of $500,000.
County of Erie, New York (herein called "City"), is hereby The Common Council of the City of Buffalo, in the County of
authorized and directed to issue School Bonds of said City in Erie, New York, hereby resolves (by the favorable vote of not
the principal amount of Seventeen Million Three Hundred less than two-thirds of all the members of said Common
Twenty-Five Dollars ($17,325,000), pursuant to the provisions Council) as follows:
of the Charter of said City and the Local Finance Law, Section 1. The Comptroller of the City of Buffalo, in the
constituting Chapter 33-a of the Consolidated Laws of the State County of Erie, New York (herein called "City"), is hereby
of New York (the "Law"), to finance the costs of the partial authorized and directed to issue General Improvement Bonds
reconstruction of various School Buildings in the City, and of said City in the principal amount of Five Hundred Thousand
related improvements. The estimated total maximum cost of Dollars ($500,000), pursuant to the provisions of the Charter of
said class of objects or purposes for which the bonds said City and the Local Finance Law, constituting Chapter 33-a
authorized by this resolution are to be issued, including of the Consolidated Laws of the State of New York (the "Law"),
preliminary costs and costs incidental thereto and the financing to finance the additional cost of partial reconstruction of the
thereof, is $17,325,000 as set forth in the duly adopted Capital former School No. 62 building, located at 382 Urban Street, to
Improvements Budget of said City for fiscal year 1997-98, as provide a Community Center, including construction of a
amended, and the October 28, 1997 request addressed to the recreational and day care facility. The estimated maximum
City Comptroller from the Board of Education Assistant cost of said specific object or purpose for which the bonds
Superintendent of Facilities. authorized by this resolution are to be issued, including
Section 2. The proceeds of the sale of the bonds authorized preliminary costs and costs incidental thereto and the financing
by this resolution, or any bond anticipation notes issued in thereof, is $500,000 as set forth in the duly adopted Capital
anticipation of the sale of said bonds, shall be deposited in the Improvements Budget of said City for fiscal year 1997-98, as
Capital Projects Fund to the credit of the Board of Education, amended.
"Capital Program-Phase III, 1997-98" Fund 299-975, and shall Section 2. The proceeds of the sale of the bonds authorized
be used for the purpose specified in Section I of this resolution. by this resolution, or any bond anticipation notes issued in
Section 3. The City intends to finance, on an interim basis, anticipation of the sale of said bonds, shall be deposited in the
the costs or a portion of the costs of said improvements for Capital Projects Fund to the credit of the Department of Public
which bonds are herein authorized, which costs are reasonably Works, Division of Buildings, "Construction of School 62-
expected to be incurred by the City, pursuant to this Bond Community Center, 1997-98, " Account No. 200-402, and shall
Resolution, in the maximum amount of $17,325,000. This be used for the specific object or purpose specified in Section I
resolution is a declaration of Official Intent adopted pursuant to of this resolution.
the requirements of Treasury Regulation Section 1. 150-2. Section 3. The City intends to finance, on an interim basis,
Section 4. The following additional matters are hereby the costs or a portion of the costs of said improvements for
determined and stated:. which bonds are herein authorized, which costs are reasonably
(a) Said buildings are of at least Class "B" construction, expected to be incurred by the City, pursuant to this Bond
as defined by Section 11.00 Resolution, in the maximum amount of $500,000. This
a. 11 (b) of the Law and the period of probable usefulness resolution is a declaration of Official Intent adopted pursuant to
applicable to the class of objects or purposes for which the the requirements of Treasury Regulation Section 1. 150-2.
bonds authorized by this resolution are to be issued, within the Section 4. The following additional matters are hereby
determined and stated: resolution is a declaration of Official Intent adopted pursuant to
(a) The building to be partially reconstructed is of at the requirements of Treasury Regulation Section 1. 150-2.
least Class "B" construction, as defined by Section 11.00 Section 4. The following additional matters are hereby
a.11(b) of the Law and the period of probable usefulness determined and stated:
applicable to the specific object or purpose which the bonds (a) The period of probable usefulness applicable to the
authorized by this resolution are to be issued, within the class of objects or purposes for which the bonds authorized by
limitations of Section I 1. 00 a. 12(a)(2) of the Local Finance this resolution are to be issued, within the limitations of Section
Law, is fifteen (I 5) years. 11.00 (a) 76. of the Local Finance Law, is ten (10) years.
(b) Current funds are not required by the Law to be (b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds provided as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section issued in anticipation thereof in accordance with Section
107.00 d. 9 of the Law. 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain sale of said bonds and the renewals of said notes shall contain
the recital of validity as prescribed by Section 52.00 of the the recital of validity as prescribed by Section 52.00 of the
Local Finance Law. Said bonds and said notes shall be Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both general obligations of the City of Buffalo payable as to both
principal and interest by general tax upon all the taxable real principal and interest by general tax upon all the taxable real
property within said City without limitation as to rate or amount. property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged The faith and credit of said City are hereby irrevocably pledged
to the punctual payment of the principal of and interest on said to the punctual payment of the principal of and interest on said
bonds and said notes. Provision shall be made annually by bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for appropriation by said City for the payment of interest on and for
the amounts required for the amortization and redemption of the amounts required for the amortization and redemption of
said bonds and said notes. said bonds and said notes.
Section 6. The validity of the bonds authorized by this Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if: of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or (a) such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to purpose for which the City of Buffalo is not authorized to
expend money, or expend money, or
(b) the provisions of law which should be complied with (b) the provisions of law which should be complied with
at the date of the publication of such resolution are not at the date of the publication of such resolution are not
substantially complied with, substantially complied with,
and an action, suit or proceeding contesting such validity, is and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such commenced within twenty days after the date of such
publication, or publication, or
(c) such obligations are authorized in violation of the (c) such obligations are authorized in violation of the
provisions of the constitution. provisions of the constitution.
Introduced: . November 12, 1997 Introduced: November 12, 1997
LAID ON THE TABLE LAID ON THE TABLE
NO.148 NO.149
By: Mr. Francyck
By: Mr. Franczyk
BONDRESOLUTION$75,000BONDSRECONSPOLISH
BONDRESOLUTION
SINGINGCIRCLEBLDG.FORNEIGHBORHOOD
$240,000BONDS
INFORMATIONCTR.ACCOUNT200-402
RESTORATIONOFMONUMENTS
Bond Resolution of the City of Buffalo, New York,
ACCOUNTNO.200-402
authorizing the issuance of $75,000 General improvement
Bond Resolution of the City of Buffalo, New York,
Bonds of said City, to finance the cost of the partial
authorizing the issuance of $240,000 General Improvement
reconstruction of the Polish Singing Circle Building located
Bonds of said City, to finance the cost of the restoration of
at 1170 Broadway Avenue, in the City, at the estimated
monuments located in the City, at the estimated maximum
maximum cost of $75,000.
cost of $240,000.
The Common Council of the City of Buffalo, in the County of
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
less than two-thirds of all the members of said Common
Council) as follows:
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement Bonds
authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Seventy-Five Thousand
of said City in the principal amount of Two Hundred Forty
Dollars ($75,000), pursuant to the provisions of the Charter of
Thousand Dollars ($240,000), pursuant to the provisions of the
said City and the Local Finance Law, constituting Chapter 33-a
Charter of said City and the Local Finance Law, constituting
of the Consolidated Laws of the State of New York (the "Law");
Chapter 33-a of the Consolidated Laws of the State of New
to finance the cost of the partial reconstruction of the Polish
York (the "Law"); to finance the cost of the restoration of
Singing Circle Building located at 1170 Broadway Avenue, in
monuments located in the City. The estimated maximum cost
the City, including conversion to offices for a Neighborhood
of said class of objects or purposes for which the bonds
Information Center and various exterior renovations. The
authorized by this resolution are to be issued, including
estimated maximum cost of said specific objects or purposes
preliminary costs and costs incidental thereto and the financing
for which the bonds authorized by this resolution are to be
thereof, is $240,000 as set forth in the duly adopted Capital
issued, including preliminary costs and costs incidental thereto
Improvements Budget of said City for fiscal year 1997-98, as
and the financing thereof, is $75,000, as set forth in the duly
amended.
adopted Capital Improvements Budget of said City for fiscal
Section 2. The proceeds of the sale of the bonds authorized
year 1997-98, as amended.
by this resolution, or any bond anticipation notes issued in
Section 2. The proceeds of the sale of the bonds authorized
anticipation of the sale of said bonds, shall be deposited in the
by this resolution, or any bond anticipation notes issued in
Capital Projects Fund to the credit of the Department of Public
anticipation of the sale of said bonds, shall be deposited in the
Works, Division of Buildings, "Restoration of Monuments,"
Capital Projects Fund to the credit of the Department of Public
Bond Authorization Account No. 200-402, and shall be used for
Works, Division of Buildings ', "Reconstruction Community
the class of objects or purposes specified in Section I of this
Centers, Various, 1997-98", Bond Authorization Account No.
resolution.
200-402, and shall be used for the purpose specified in Section
Section 3. The City intends to finance, on an interim basis,
I of this resolution.
the costs or a portion of the costs of said improvements for
Section 3. The City intends to finance, on an interim basis,
which bonds are herein authorized, which costs are reasonably
the costs or a portion of the costs of said improvements for
expected to be incurred by the City, pursuant to this Bond
which bonds are herein authorized, which costs are reasonably
Resolution, in the maximum amount of 240,000. This
expected to be incurred by the City, pursuant to this Bond Whereas: AR associations receiving the matching
Resolution, in the maximum amount of $75,000. This fund grants have provided documentation of liability insurance
resolution is a declaration of Official Intent adopted pursuant to to cover any such structures; and
the requirements of Treasury Regulation Section 1. 150-2. Whereas: The projects are underway and already
Section 4. The following additional matters are hereby improving the University District;
determined and stated: Now, Therefore, Be It Finally Resolved:
(a) The existing building to be partially reconstructed is That this Council approves the encroachments as approved
of Class "B" construction as defined by Section I 1.00 a. IL (b) under the Neighborhood Matching Funds grants provided all
of the Law, and the period of probable usefulness applicable to liability insurance is documented by the pass through agent for
the specific object or purpose for which the bonds authorized the Matching Funds, and that future projects will also be
by this resolution are to be issued, within the limitations of approved as to form within these same procedures.
Section 1 1.00 a. 12. (a)(2) of the Local Finance Law, is fifteen PASSED
(15) years. AYES-12 NOES-0
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds NO.152
authorized by this resolution or any bond anticipation notes By: Mr. Helfer and Ms. Kavanaugh
issued in anticipation thereof in accordance with Section WELLNESSFACILITYFORCITYEMPLOYEES
107.00 d. 9. of the Law. Whereas: The Health Subcommittee of the Council's
Section 5. Each of the bonds authorized by this resolution Government Relations Committee has been studying ways to
and any bond anticipation notes issued in anticipation of the reduce health-related costs for both the City and its employees
sale of said bonds and the renewals of said notes shall contain as well as improving the health and fitness of its workers; and
the recital of validity as prescribed by Section 52.00 of the Whereas: The City of Birmingham, Alabama, with a
Local Finance Law. Said bonds and said notes shall be population and workforce similar in size to that of Buffalo,
general obligations of the City of Buffalo payable as to both completed a carefully controlled scientific wellness-at-thework
principal and interest by general tax upon all the taxable real site project that resulted in savings of $31 million in medical
property within said City without limitation as to rate or amount. benefits costs; and
The faith and credit of said City are hereby irrevocably pledged Whereas: The program, which included medical
to the punctual payment of the principal of and interest on said screenings, a large, professionally staffed fitness center, and a
bonds and said notes. Provision shall be made annually by variety of health promotion and intervention programs, provided
appropriation by said City for the payment of interest on and for clear evidence that medical care cost containment can be
the amounts required for the amortization and redemption of achieved without reducing medical insurance coverage for its
said bonds and said notes. employees; and
Section 6. The validity of the bonds authorized by this Whereas: The Birmingham model, along with other
resolution or any bond anticipation notes issued in anticipation programs, has proven that such efforts to improve employee
of the sale of said bonds, may be contested only if: health and fitness can save money, help to improve employee
(a) such obligations are authorized for an object or health, reduce stress in the workplace, and increase employee
purpose for which the City of Buffalo is not authorized to morale; and
expend money, or Whereas: For some time there has been much
(b) the provisions of law which should be complied with discussion about the concept of implementing a similar, though
at the date of the publication of such resolution are not more modest, wellness center for the City of Buffalo, including
substantially complied with, evaluation of suitable sites and the development of potential
and an action, suit or proceeding contesting such validity, is operational plans; we should now move forward with concrete
commenced within twenty days after the steps to establish such a facility as part of a program to
date of such publication, or manage health cost and improve the quality of life of its
(c) such obligations are authorized in violation of the employees:
provisions of the constitution. Whereas: The cost for such a facility would be
Introduced: November 12, 1997 modest, especially considering the significant potential for the
LAID ON THE TABLE donation of equipment, grant funding, employee contributions,
etc.; and
NO.150 Whereas: This program could be conducted under
By: Kevin J. Helfer the management of the Wellness Institute of Greater Buffalo,
REIMBURSEMENTOFPATIOLICENSEFEES which has managed a City "B-Well" Employee Wellness
ATAMY'SPLACEA/K/A3234MAINSTREET Program since 1988, offering city workers a variety of services
Whereas: Amy's Place at 3234 Main Street operates and activities designed to promote positive lifestyle choices; it
a patio for service of meals during the milder weather months; also has experience in developing and operating such facilities
and and has helped set up fitness facilities for the Police and Fire
Whereas: From approximately May of 1997 through Departments; and
September of 1997, the City of Buffalo conducted a major Whereas: The Healthy People 2000 Survey
waterline project along Main Street right-of-way- and conducted by the "B-Well" Program in December 1994
Whereas: The traffic and pedestrian disruption did identified that 78 percent of City employees would be willing to
not allow for the safe operation of a patio restaurant at this pay $10.00 a month for use of a physical activity facility in City
location for that same time period- and Hall; and
Whereas: The owner paid license fees totaling $216 Now, Therefore Be It Resolved:
for a license period of April 1997 through November 15, 1997 That this Common Council requests that the Department of
that was unable to be exercised for a period of six weeks; and Public Works designate an available and suitable area of City
Whereas: The City of Buffalo Water Department has Hall, comprising at least 500 square feet and capable of
concurred with this assessment through their site engineer; containing showers, for an employee fitness facility; and
Now, Therefore, Be It Finally Resolved: Be It Further Resolved:
That the City of Buffalo refund the license fee or pro-rata That the Council requests that the "B-Well" Employee
portion due to Amy's Place for the time period that the license Wellness Program present a plan for the operation of such a
was not applicable, in the amount of $47. facility.
PASSED REFERRED TO THE COMMITTEE ON LEGISLATION,
AYES-12 NOES-0 COMMISSIONER OFPUBLIC WORKS, AND WELLNESS
CLINIC
NO.151
By: Kevin J. Helfer NO.153
By: Mrs. Lockwood
AUTHORIZATIONFORNEIGHBORHOOD
MATCHINGFUNDSPROJECTSTOBE
ORDINANCEAMENDMENTREGARDINGWATERPIPES
INSTALLEDONCITYRIGHTOFWAY
Whereas: Lead has historically been a common
Whereas: The University District in the City of
ingredient in many products and substances, including paint,
Buffalo was the recipient of 19 Neighborhood Matching Fund
pipes, plastics,, and gasoline, but it is currently being phased
Awards in May of 1997; and
out of many of these products because research has taught us
Whereas: Many of these community projects involve
that lead is a dangerous substance; and
planting, planter boxes, installation of Block Club Signs,
Whereas: Public awareness of the dangers of lead
benches, holiday lighting, and other activities that may
poisoning has increased dramatically as a result of countless
encroach upon City Right of Way of City of Buffalo property-
education and prevention programs throughout the United
and
States; and
Whereas: The Lead Action Task Force was created and
to advise both the City of Buffalo and Erie County on lead-Whereas: Whereas, proposed spending in the Niagara
related issues; and Mohawk settlement for wind and solar renewable energy
Whereas: As a result of the increased awareness resources is grossly inadequate to assist the United States in
surrounding issues related to lead, the City of Buffalo has making the kind of carbon dioxide emission reductions
implemented measures to reduce the possibility that residents necessary to allow our country to join the international
will contract lead poisoning; for example, the Lead Abatement community in signing an effective Global Climate Change
Program identifies and removes lead from the homes of eligible Treaty in Kyoto, Japan, in December 1997; and
residents; and Whereas: The Niagara Mohawk settlement is the product of a
Whereas: As a result of New York State law and secret Niagara Mohawk proposal followed by secret
concern for residents, the City of Buffalo no longer uses lead negotiations which preempted awareness, scrutiny, discussion
pipes when replacing water lines; however, the City Charter and participation by the general public;
has not been updated to reflect this fact; and Now, Therefore, Be It Resolved That:
Whereas: Section 491-23 of the City Charter, This Common Council calls on Governor George Pataki, State
Size
Legislators and the Public Service Commission to conduct the
lists lead as the first of the
and makeup of service pipe,
electric industry restructuring process in an open manner with
materials which may be used for service pipe;
full public participation so that the following objectives are met:
Now, Therefore, Be It Resolved:
1. Equitable sharing of benefits;
That the City of Buffalo Corporation Counsel prepare an
2. Continuation of conservation and weatherization programs
ordinance amendment deleting all mention of lead from Section
which are needed by the elderly and low income;
491-23 of the City Charter to reflect the fact that the City of
3. Reduced air emissions to improve air quality;
Buffalo no longer uses lead pipes as replacement pipes within
4. Strengthening of energy conservation and efficiency
the City's water system; and
incentives and programs and elimination of rate structures
Be It Further Resolved:
which encourage energy waste;
That this ordinance amendment be filed with this Honorable
Aggressive development of clean renewable energy
5.
Body by 2:00 pin on Thursday, November 20, 1997.
resources;
ADOPTED
6. Disclosure of fuel types and emissions profiles of all electric
power generators and marketers selling power in New York
NO.154
State.
By: Mrs. LoTempio
Be It Further Resolved That:
BOARDOFEDUCATION'SPOLICYON
Governor Pataki be requested to send Timothy Doolittle, his
"UNEXCUSED"ABSENCES
WNY Regional Representative, to the Council's Committee on
Whereas: Buffalo's Public Schools face significant
Legislation to explain the Governor's position on the Power
challenges in educating the children of our city; and
Choice plan; and
Whereas: One of those challenges is to deal with
Be It Finally Resolved That:
the widespread problem of “unexcused" absences throughout
The City Clerk be directed to send certified copies of this
the City of Buffalo School District; and
resolution to Governor George Pataki, to the Clerk of the NYS
Whereas: Teachers and school administrators must
Assembly, to the Secretary of the NYS Senate, to the members
confront the issue of truancy with strict, coherent policies that
of the Western New York Legislative delegation and to the
are observed by each school within the City of Buffalo; and
Public Service Commission Chair John O'Mara (PSC, 3
Whereas: Due to a recent situation involving the
Empire State Plaza, Albany, NY 12223-1350).
Academic Challenge School in which a sixth grade student was
ADOPTED.
recorded absent twenty three of the first thirty three days of the
school year without notification to a parent or guardian, it
NO.156
seems apparent that the Board of Education does not have a
By: Mrs. LoTempio
set policy in regards to "unexcused" absences; and
TRANSFERSIXMEMORIALAUDITORIUMSEATSTO
Whereas: If the Board of Education does in fact
NFTAFORAIRPORTTERMINAL
have such a policy, it is not being adhered to by individual
Whereas: The Niagara Frontier Transportation
schools within the Buffalo School District;
Authority has recently opened the new
Now Therefore Be It Resolved That:
Buffalo International Airport Terminal; and
This Honorable Body requests that a copy of the Board of
Whereas: This beautiful first class facility has drawn
Education's current policy in reference to "unexcused"
rave reviews from local area travelers as
absences be filed with the Office of the City Clerk prior to 2:00
well as from the thousands of visitors who
pm on Thursday, November 20, 1997; and
have already experienced the new
Be It Further Resolved:
terminal; and
That the Board of Education designate a representative to
Whereas: The new terminal is being utilized in
explain their truancy policy and request that the Principal of the
several ways to promote the viability and
Academic Challenge School, along with the Board's designee,
vibrancy of the Greater Buffalo Region;
appear at the next meeting of the Common Council's Education
and
Committee at 2:00pm on December 3, 1997 in room 1417 City
Whereas: Buffalo has enjoyed a rich and colorful
Hall.
history in the world of amateur and
REFERRED TO THE COMMITTEE ON EDUCATION AND
professional sports with Memorial
BOARD OF EDUCATION,
Auditorium as the venue for countless
events over the past fifty years that evoke
NO.155
nostalgic memories for all Western New
By: Mrs. LoTempio and Mr. Coppola
Yorkers; and
REQUESTFAIRANDOPENPROCESSFORELECTRIC
Whereas: As one of the methods for promoting the
UTILITYRESTRUCTURING
Buffalo area, the Airport has opened a
Whereas: The electric industry in New York State is now in the
restaurant that is decorated with sports
process of deregulation or restructuring which is intended to
memorabilia from all facets of the long
introduce competition into the sale of generated and distributed
and storied Buffalo sports history, and
electricity; and
would like to add Memorial Auditorium
Whereas: Electricity is an essential, basic service required by
seating to be displayed as part of this
all members of the community and electric rates in Western
collection; and
New York are among the highest in the country; and
Whereas: The NFTA is requesting that six (6) seats
Whereas: the recent Niagara Mohawk Power Corporation rate
from Memorial Auditorium be transferred
and restructuring settlement would reduce industrial rates by
to them for use in this tribute to Buffalo's
25% over three years while decreasing rates for residential
rich sports history;
customers and small and medium sized businesses by only
Now, Therefore, Be It Resolved:
3% over the same period; and
That this Common Council authorize the
Whereas: Whereas, the Niagara Mohawk settlement provides
transfer of six (6) seats from Memorial
only $15 million a year in funding for energy efficiency
Auditorium to the Niagara Frontier
programs compared to approximately $65 million which Niagara
Transportation Authority for display in the
Mohawk spent in 1992; and
Airport Terminal restaurant; and
Whereas: Whereas, the Niagara Mohawk settlement will
Be It Further Resolved:
encourage energy waste among large energy users by
That the seats become property of the
permitting "declining block" and "marginal" rate structures
Niagara Frontier Transportation Authority,
based on the principle of "the more you use, the less you pay;
which shall not have the right to dispose table.
of these seats to any private individual, Seconded by Mr. Brown
agency, or business without further CARRIED
authorization from this Body. Mrs. LoTempio now moved the approval of the above item;
PASSED. seconded by Mrs. Williams
AYES-12. NOES-0. PASSED.
AYES-12. NOES-0.
NO.157
By: Mr. Pitts NO.163
SECTION3CERTIFICATIONPROCEDURE BONDRES.-$150,000-JEFFERSONSITE
Council President Pitts requests a Hearing be held with the IMPROVEMENT
Department of Community Development to discuss the (NO.169,C.C.P.,OCT.28,1997)
procedures for Section 3 Certification. Mrs. LoTempio moved that the above item be taken from the
REFERRED TO THE COMMITTEE ON COMMUNITY table.
DEVELOPMENT. Seconded by Mr. Brown
CARRIED
NO.158 Mrs. LoTempio now moved the approval of the above item;
By: Ms. Miller-Williams seconded by Mrs. Williams.
SOUTHELLICOTTPHASEIIURBANRENEWALPLANPASSED
AMENDMENT-BLOCKS4,10AND15 AYES-12. NOES-0.
WHEREAS, the original South Ellicott Urban Renewal
Plan, was approved June 13, 1972, C.C.P. No. 108 and has NO.164
been amended to accommodate changing economic BONDRES.-$186,000-FIRESTATION
conditions. (NO.170,C.C.P.,OCT.28,1997)
WHEREAS, Phase II of the South Ellicott Urban Mrs. LoTernpio moved that the above item be taken from the
Renewal Plan was approved June 27, 1989, C.C.P. 170. table.
WHEREAS, this amendment will allow for a change in Seconded by Mr. Brown.
land use on the southern portion of block 4 bordered by Spring CARRIED
St., Myrtle St., and Hamburg St. from residential to Mrs. LoTernpio now moved the approval of the above item;
commercial/light industrial development. seconded by Mrs. Williams
WHEREAS, this amendment also allows for the PASSED
acquisition of land on Block 4, Parcels 16 - 19; Block 10, AYES-12. NOES-0.
Parcel 10; and Block 15, Parcels 1 - 6.
WHEREAS, the City Planning Board gave its NO.165
unqualified approval to the plan amendment at its October 7, BONDRES.-$450,000-FIREAPPARATUS
1997 meeting and submitted their report as a prerequisite to (NO.171,C.C.P.,OCT.28,1997)
Common Council action. Mrs. LoTempio moved that the above item be taken from the
NOW, THEREFORE, BE IT RESOLVED that the table.
Common Council of the City of Buffalo hold a public hearing, Seconded by Mr. Brown.
on November 25, 1997 and subsequently approve this CARRIED
amendment to the South Ellicott Phase II Urban Renewal Plan. Mrs. LoTempio now moved the approval of the above item;
ADOPTED. seconded by Mrs. Williams.
PASSED
NO.159 AYES- 12. NOES-0.
By: Mr. Zuchlewski
APPOINTMENTS NO.166
COMMISSIONEROFDEEDS BONDRES.-$1,300,000-APOLLOTHEATER
That the following persons are hereby appointed as (NO.172,C.C.P.,OCT.28,1997)
Commissioner of Deeds for the term ending December Mrs. LoTempio moved that the above item be taken from the
31,1998 , conditional upon the person so appointed certifying table.
under oath to their qualifications and filing same with the City Seconded by Mr. Brown.
Clerk: CARRIED
Jocelyn M. Viola Mrs. LoTempio now moved the approval of the above item;
Bernard N. Pryor,Sr. seconded by Mrs. Williams.
ADOPTED. PASSED
AYES-12. NOES-0.
NO.160
By: Mr. Zuchlewski NO.167
APPOINTMENTS ANNOUNCEMENTOFCOMMITTEEMEETINGS
COMMISSIONEROFDEEDS The following meetings are scheduled. All meetings are held in
REQUIRED-PERFORMANCEOFPUBLICDUTIES the Council Chambers, 13th floor, City Hall, Buffalo, New York
That the following persons are hereby appointed as unless otherwise noted.
Commissioner of Deeds for the term ending December Regular Committees
31,1998 , conditional upon the person so appointed certifying, Civil Service Commitee Tuesday, Nov. 18, 1997 at 9:30 a.m.
under oath, to their qualifications and filing same with the City Finance Committee Tuesday, November 18, 1997 - following
Clerk: Civil Service
Lynn M. Milks Legislation Committee Tuesday, November 18, 1997 at 10:00
Rene L. Granda o'clock a.m.
ADOPTED. Community Development Committee Wed., Nov. 19, 1997 at
10:00 a.m.
UNFINISHEDBUSINESS Committee on Education Wednesday, November 19, 1997,
NO.161 2:00 p.m. in Room 1417.
L.L.INTRO.#8-CHIEFOFPOLICE
(NO.161,C.C.P.,OCT.28,1997) NO.168
Mrs. LoTempio moved that the above item be taken from the ADJOURNMENT
table. On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh,
Seconded by Mr. Brown. the Council adjourned at 3:20 p.m.
CARRIED Charles L. Michaux III
Mrs. LoTempio now moved the approval of the above item; City Clerk
seconded by Mrs. Williams.
PASSED
AYES-12. NOES-0.
NO.162
BONDRES.-$110,000-JEFFERSONLANDACQUISITION
(NO.168,C.C.P.,OCT.28,1997)
Mrs. LoTempio moved that the above item be taken from the