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Home My WebLink About97-1125 No. 22 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 25, 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,NOVEMBER25,1997 POLESIGNAT355MILITARYROAD AT2:00P.M. ITEMNO.67,C.C.P.,11/12/97 The City Planning Board at its regular meeting held PRESENT - James W. Pitts President of the Council, Tuesday, November 18, 1997 considered the matter captioned and and Council Members Brown, Coppola, Czajka, above pursuant to Section 387-19 of the Buffalo Code, Review Franczyk, Gray, Helfer, Kavanaugh, Lockwood, of Pole Signs. LoTempio, and Williams - 11. The applicant seeks to erect a non accessory pole sign with a sign face area of 80 square feet (10’ by 8’) and an overall ABSENT - Councilmembers Quintana and Zuchlewski- height of 25 feet. 2. The site is located in a C2 zone which permits such signs. Under SEQR the proposed sign is considered a Type 2 On a motion by Mrs. LoTempio, seconded by Mr. action which does not require further environmental review. Czajka, the minutes of the stated meeting held on The Planning Board voted to approve the proposed November 12, 1997 were approved. sign with the conditions that its overall height should not exceed 18 feet and that it be placed in an appropriately landscaped base. FROMTHEMAYOR RECEIVED AND FILED. NO.1 NO.4 NEWCOUNTYCOURTHOUSE R.ALSHEIMER,REQUESTTOERECTAPOLESIGN Thank you for your letter dated October 21 1, 1997 AT2635DELAWAREAVENUE concerning the new courthouse site. ITEMNO.68,C.C.P.,11/12/97 The property is owned by the Buffalo Urban Renewal The City Planning Board at its regular meeting held Agency. In the normal development process, a land disposition Tuesday, November 18, 1997 considered the matter captioned agreement is entered into and approved by the Board of above pursuant to Section 387-19 of the Buffalo Code, Review Directors of the Buffalo Urban Renewal Agency and tile Buffalo of Pole Signs. Common Council. As part of the approval, the building plans, The applicant seeks to erect a non accessory pole sign an external rendering, a complete site plan and a traffic and with a sign face area of 153 square feet (51 by 181 and 91 by parking plan are reviewed. This is the process developed 71) and an overall height of 20 feet. The sign will be placed in pursuant to the General Municipal Law and the Buffalo City a landscaped area. Charter. The site is located in a CM zone which permits such The new courthouse is a substantial project which will signs. Under SEQR the proposed sign is considered a Type 2 significantly impact on Downtown Buffalo. The City has a action which does not require further environmental review. strong interest and responsibility in insuring that there is The Planning Board voted to approve the proposed sign. integration with existing utilities and infrastructure as well as RECEIVED AND FILED. providing for, an efficient traffic pattern for vehicular and pedestrian traffic. In addition, the design and height of the NO.5 building, parking requirements and landscaping will also have COUNCILMEMBERZUCHLEWSKI,CLOSINGWEST an impact on downtown. AVENUEFROMFORESTAVENUETO Recently, Rich Tobe informed the City for the first time TONAWANDASTREET that the County wishes to have the Buffalo Urban Renewal ITEMNO.194,C.C.P.,9/16/97 Agency and tile City of Buffalo waive all of its approval powers The City Planning Board at its regular meeting held for this project prior to any design or construction taking place. Tuesday, November 18, 1997 considered the resolution My staff immediately met with representatives of the Common captioned above pursuant to Section 317.1 of the City Charter, Council. They expressed a desire to not waive all of their the closing of streets. powers to review a major project such as this in the heart of The Councilmember wishes to close a portion of downtown. West Avenue between Forest Avenue and Tonawanda Street I am extremely sensitive to your concern about seeing this to vehicular traffic in order to curtail the illegal dumping which project being completed efficiently and expeditiously. At my has occurred in the subject area. The closing would not involve direction, Alan DeLisle advised Rich Tobe that this the removal of pavement or the abandonment of this portion of Administration will work with the Common Council and West Avenue. accelerate, to the maximum extent possible, the approval In its consideration of this matter, the Board was process for this project. In fact, we have already stated to the informed that the closing off of the street to vehicular use would County that we have substantially relaxed our approval not interfere with access to adjacent private property owners requirements. By previously letter dated October 13,1997, the and that the closing may present opportunities for proposed City has agreed to accept a site plan with limited requirements river walk amenities. in lieu of full construction drawings. We stand willing and able Under SEQR the proposed closing is considered an to work with the County and your staff to immediately start the unlisted action which may be studied through uncoordinated review and approval process. review. Representatives of my staff are willing to meet with The Planning Board voted to approve the resolution. County representatives and your staff immediately to develop a REFERRED TO THE COMMITTEE ON LEGISLATION. review process. Thank you for your consideration. NO.6 REFERRED TO THE COMMITTEE ON COMMUNITY COUNCILMEMBERCZAJKA,GENESEE-DELAVAN DEVELOPMENT. SPECIALZONINGDISTRICT ITEMNO.191,C.C.P.,5/27/97 NO.2 The City Planning Board at its regular meeting held APPOINTMENTOFMEMBERTOTHEBOARDOFETHICS Tuesday, November 18, 1997 considered the matter captioned Pursuant to the powers vested in me by Chapter 12-19 above pursuant to Section 511-126 of the Buffalo Code, of the Buffalo Code, I hereby appoint James L. Magavern, Amendments to the Zoning ordinance. Esq., residing at 55 Argyle Park, Buffalo, New York 14222, as The Planning Board voted to receive and file this matter. a member of the Board of Ethics. James Magavern is a REFERRED TO THE COMMITTEE ON LEGISLATION. partner in the firm of Magavern, Magavern & Grimm and served on the review panel for the revision of the Code of Ethics. Mr. FROMTHECOMPTROLLER Magavern is replacing Lee LaMendola whose term has expired. NO.7 Mr. Magavern's term will expire September 4, 2002. CERTIFICATEOFDETERMINATION I certify that Mr. Magavern was nominated by the $70,000,000REVENUEANTICIPATION Nominating Committee for the Board of Ethics and is fully NOTESALE qualified to serve as a member of the Board of Ethics. CERTIFICATE OF DETERMINATION BY THE REFERRED TO THE COMMITTEE ON LEGISLATION. COMPTROLLER AS TO THE AUTHORIZATION, ISSUANCE, FORM AND CONTENT, SALE AND AWARD FROMTHEMAYOR-EXECUTIVEDEPARTMENT OF $70,000,000 REVENUE ANTICIPATION NOTES - 1997/1998A OF THE CITY OF BUFFALO, NEW YORK FROMTHECITYPLANNINGBOARD The Notes are hereby sold at private sale to Roosevelt & Cross Incorporated, New York, New York, as Managing Underwriter NO.3 on behalf of itself and other underwriters pursuant to the BENDERSON85-1TRUST,REQUESTTOERECTA Contract of Purchase dated November 13, 1997, between said Managing Underwriter and the City. The Notes will be dated referred to the City Planing Board, Police and Fire for their November 20, 1997 and win bear interest at the rate (4.40 %) response. I am also requesting that based on their responses per annum, payable on August 5,1998. that Your Honorable Body either pass this item and authorize The Notes will be delivered and shall be paid for on or about the Comptroller's Office, Division of Real Estate to abandon November 20, 1997 in New York, New York. and sell the right-of-way in question to Mr. Zambito and report An Official Statement may be obtained from the offices of the the results of our negotiations to Your Honorable Body or deny financial advisor to the City, Government Finance Associates, the sale by receiving and filing this item. Inc. of New York, in New York, at (212) 809-5700, or the office REFERRED TO THE COMMITTEE ON LEGISLATION. of the Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255. NO.10 RECEIVED AND FILED. CERTIFICATEOFNECESSITY INCREASEDAPPROPRIATION NO.8 MAYORANDEXECUTIVEDEPARTMENT REQUESTFORMERELICENSE We, Anthony M. Masiello, Mayor and Joel A. Giambra, RIGHTOFWAY1021SYCAMORE Comptroller, do hereby certify pursuant to Section 41 of the SELLER:ESTATEOFAMELIAHOCHUL Charter, that an increase in the sum of $40,818.60 in the PURCHASER:ASAMBLEADEIGLESIASCRISTIANASestimates for the fiscal year beginning July 1, 1997 are UNIDAS,INC. necessary in Appropriation Allotments for the Mayor and MORTGAGEE:BANCOPOPULAR Executive Department, to meet a contingency which could not The Office of the Comptroller, Division of Real have been reasonably foreseen when the budget was adopted. Estate, has received a request to obtain a mere license, due to The amount of increased appropriation will be met from an the fact that the building located at 1021 Sycamore encroaches increase of $40,818.60 in the General City Revenue account 1.2 feet onto the Sycamore Street right of way and the eaves 100-810-403-85590 - Miscellaneous State Revenue not encroach 1 foot onto the Sweet Street right of way. otherwise appropriated for any other purpose. The detail of the The encroachment exceeds the statutory exception requirements are set forth below: of 6 inches for buildings constructed before 1961. The title Dated: Buffalo, NY, November 19, 1997 company will not insure over this and the bank is requiring RECEIVED AND FILED. correction of this title defect. This building was used as a funeral home and is now being purchased by a not-for-profit to be rented to a religious corporation. The purchase price is NO.11 $28,000 of which $18,000 is being financed by Banco Popular. CERTIFICATEOFNECESSITY The Department of Public Works is opposed to INCREASEDAPPROPRIATION granting an easement. However, they recognize that the APPROPRIATIONALLOTMENTS-BOARDOF building in question, 1021 Sycamore, has existed as an EDUCATION encroachment into the street right-of-way ever since its original We, Anthony M. Masiello, Mayor and Joel A. Giambra, construction. The Department of Public Works would not Comptroller, do hereby certify pursuant to Section 41 of the object to Your Honorable Body approving a mere license that Charter, that an increase in the sum of $2,000,000 in the would officially recognize the encroachment and allow the estimates for the fiscal year beginning July 1, 1997 is building to remain in its present location under the terms necessary in Appropriation Allotments - Board of Education, to imposed by the license. meet a contingency which could not have been reasonably I am recommending that Your Honorable Body foreseen when the budget was adopted. The amount of approve the granting of a mere license. I am further requesting increased appropriation will be met from a $1,000,000 increase Your Honorable Body to authorize the Law Department to draw in the General City Revenue account 100-810403-85520 - the necessary documents for this license and the Mayor to sign State Revenue Sharina and $1,000,000 from account 100-890- the same. 060 Fund In Balance Unreserved, not otherwise appropriated REFERRED TO THE COMMITTEE ON LEGISLATION AND for any other purpose. The detail of the requirements are set CITY PLANNING BOARD. forth below.- Dated: Buffalo, NY, November 19, 1997 NO.9 RECEIVED AND FILED. L.ZAMBITO-REQUESTTOPURCHASE/LEASE R.O.W.COLVINAVENUE NO.12 ITEMNO.104,C.C.P.9/2/97,ITEMNO.12,C.C.P.9/30/97 CERTIFICATEOFNECESSITY ITEMNO.127,C.C.P.9/30/97ANDITEMNO.2,C.C.P.INCREASEDAPPROPRIATION 11/12/97 WATERBOARDREVENUE Your Honorable Body adopted Item No. 127, C.C.P. ENTERPRISEFUND-WATER 9.30/97 authorize the Division of Real Estate to negotiate with We, Anthony M. Masiello, Mayor and Joel A. Giambra, Leonard Zambito of 564 Colvin Blvd. for the purchase of the Comptroller, do hereby certify pursuant to Section 41 of the adjacent city right-of-way and report the results of negotiations Charter, that an increase in the sum of $5,266,435 in the to the Common Council. estimates for the fiscal year beginning July 1, 1997 is The Comptroller's Office, Division of Real Estate necessary in Appropriation Allotments - Enterprise Fund - would like clarification as to the adoption of this item as follows: Water, to meet a contingency which could not have been 1 . Article 17, Section 317.1 Referable Matters to reasonably foreseen when the budget was adopted. The City Planning Board - In this article it states amount of increased appropriation will be met from ail increase that the council shall refer to the board of of $5,266,435 in the Water Board Revenue account 410-980- planning for its investigation, study and report 402-96418 Transfer from Water Board not otherwise thereon all city planning matters and all appropriated for any other purpose. The detail of the requests for changes in the existing... public requirements are set forth below: open space with the city; the discontinuance, Dated: Buffalo, NY, November 17, 1997 closing or abandonment of any public building RECEIVED AND FILED. or any street or public highway ... It does not appear that any of the above mentioned items NO.13 were referred to the City Planning Board. CERTIFICATEOFNECESSITY 2. This item does not authorize the abandonment CAPITALBUDGETAMENDMENT and sale of the right-of-way, would have to be Authorization for Additional Capital Indebtedness passed by the Common Council. The Office We, Anthony M. Masiello, Mayor and Joel A. Giambra, of the Comptroller, Division of Real Estate, Comptroller, do hereby certify, pursuant to Section 359 of the does not want to advise Mr. Zarnbito to Charter, that it is necessary to authorize an increase in proceed and incur expenses if the Common indebtedness for the Budget for Capital Improvements, Council does not pass an item that authorizes provided by the Common Council prior to July 1, 1997 for the the abandonment and sale of this property. ensuing fiscal year, by adding the following item: 3. The Department of Public Works has Dated: Buffalo, NY, November 19, 1997 submitted Item #21, C.C.P. 11/2/97 which RECEIVED AND FILED. raises questions on exposing the city to serious liability issues involving the safety of FROMTHEPRESIDENTOFTHECOUNCIL both pedestrians and motoring public. Therefore, the Comptrollers Office, Division of Real NO.14 Estate is requesting that the above referenced items be NEGATIVEDECLARATION-WATERFRONTGREENWAY SYSTEM and West Eagle Street. Attached is the Negative Declaration, Notice of Determination MFS has hired ABC Paving to perform all restoration work. of Non-Significance to be filed for the Council Meeting on Said restoration is ongoing and is being inspected by November 25, 1997, Engineering personnel on a daily basis to ensure it meets City REFERRED TO THE COMMITTEE ON COMMUNITY specifications. DEVELOPMENT. Furthermore, because Delaware Avenue was recently reconstructed, more stringent conditions were imposed on FROMTHECOMMISSIONEROFASSESSMENT MFS by our department to safeguard the integrity of the street. Namely, MFS is being required to mill and overlay a six foot NO.15 wide area for the entire length of the three foot wide trench. CERT.PROC.NIAGARAMOHAWK Any questions regarding the contractual relationship between VARIOUSLOC.,1997-98 MFS and the City should be referred to the Corporation ITEM#28,C.C.P.11/12/97 Counsel Office. The above item has been referred to this department for REFERRED TO THE SPECIAL COMMITTEE ON comments and recommendations. As this communication TELECOMMUNICATIONS. states it is the recommendation of both the Department of Assessment and the Department of Law that the proposed FROMTHECOMMISSIONEROFPOLICE settlement to this certiorari proceeding be accepted as in the best interests of the City. The revenue to be lost by the NO.19 reduction, $273,677.39, is outweighed by the cost to the city to STOPDWIGRANTPROGRAM1997] pursue a judicial settlement and to possibly incur a larger We are respectfully requesting authorization for the forced reduction. Mayor to enter into the 1997 renewal agreement between the I trust this response sufficiently addresses your questions and City of Buffalo and the County of Erie under the STOP DWI concerns. Grant Program for the period January 1, 1997 through REFERRED TO THE COMMITTEE ON FINANCE December 31, 1997. Due to the bureaucratic and budget delays, these contracts FROMTHECOMMISSIONEROFPUBLICWORKS were not able to be processed until now. The City of Buffalo and the County of Erie have had these NO.16 annual contractual agreements over the last several years PROPOSEDNFTABUSSHELTERWITHINCITYRIGHT-whereby the City is reimbursed for efforts in the enforcement of OF-WAYAT2140ELMWOODAVENUE alcohol and/or related traffic violations. Under this agreement, Mr. Christopher J. Cronin, Traffic Data Administrator for the the City will be reimbursed by the County for up to 65% of all of Niagara Frontier Transportation Authority (NFTA), has the revenue generated from the fines levied resulting from the requested permission to install a bus shelter within City right-disposition of alcohol-related traffic offenses. These funds are of-way on Elmwood Avenue near Hinman Street. then utilized to continue enhancing the Department's DWI The proposed bus shelter would be installed on the west side enforcement activities. of Elmwood Avenue opposite the new Tops-Target Plaza. If you have any questions, please contact Chief The Department of Public Works has reviewed the NFTA's Kevin Comerford or Maureen Oakley of our Grants Section at request pursuant to Chapter 413-67 (Encroachment ext. 4475. Regulations) of the City Ordinances and has no objection to Your attention to this matter is greatly appreciated, thank Your Honorable Body authorizing the Commissioner of Public you. Works to issue a "Mere License" for said installation provided Mrs. LoTempio moved: the following conditions are met: That the above communication from the Commissioner of 1. That the applicant obtain any and all other City of Buffalo Police dated November 7, 1997, be received and filed- and permits necessary for said installation. That the Mayor be, and he hereby is authorized to 2. That the bus shelter be installed exactly as shown on renew the STOP DWI Grant Program between the City and the plans submitted to and approved by the Department of County of Erie for the period January 1, 1997 through Public Works, Division of Engineering. December 31, 1997. The City will be reimbursed by the 3. That the applicant be responsible for maintaining the bus County for up to 65% of all of the revenue generated from the shelter as long as it remains within City right-of-way. fines levied resulting from the fines levied resulting from the 4. That the applicant supply the City of Buffalo with a five disposition of alcohol-related traffic offenses. thousand dollar construction in street bond or certificate PASSED. of insurance AYES-11. NOES-0. which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the FROMTHECORPORATIONCOUNSEL construction, maintenance, use and removal of said bus shelter. NO.20 REFERRED TO THE COMMITTEE ON LEGISLATION AND CLAIMOFCARMENM.PARISO,INC. CITY PLANNING BOARD. On October 16, 1996, a truck driven by James Marino of Carmen M. Pariso, Inc., 3649 River Road, NO.17 Tonawanda, New York 14150 ("Pariso"), was traveling north EMERGENCYREPAIRS bound on the 1-190. The Pariso truck's windshield was BAILEYAVENUEBRIDGEJOINT damaged by a piece of rock or debris, which allegedly came I hereby submit to Your Honorable Body the following from the spreader plate of the City truck traveling ahead of it. information: Estimates for repairing the damage put the cost at $536.72. On Thursday, September 11, 1997, the Commissioner of The City truck driver cannot verify that any stones or Public Works declared an emergency on the Bailey Avenue debris did not fall from the truck. Under the Vehicle & Traffic Bridge over the Buffalo River. A metal bridge joint broke loose Law, the back of a truck should be covered to prevent debris and left a gap of approximately one foot W) on the bridge deck. from being dislodged from the truck onto the road and following Gateway Welding, the company that repaired the joint at the traffic. Discussions with Mr. Marino and Pariso's attorney have opposite end of the bridge last year, was called to plate the joint brought forward a compromise in the amount of $400.00. and make the emergency repairs. This allowed us to keep the The Law Department requests that the Common bridge open to traffic. The work was completed on October 9, Counsel authorize the settlement and payment for the claim of 1997 at a cost of $9,955.00. Funds for this emergency work Carmen M. Pariso, Inc. in the amount of $400.00. are available in Bond Fund No. 200-401-015. Mr. LoTempio moved: This is for informational purposes only. That the above communication from the Acting Corporation RECEIVED AND FILED. Counsel dated November 7, 1997, be received and filed; and That the Acting Corporation Counsel be, and he hereby is NO.18 authorized to settle the claim of Carmen M. Pariso, Inc. in the STATUSOFMFSNETWORKTECHNOLOGIES amount of $400.00. ITEMNO.180;C.C.P.10/28/97 PASSED. The Department of Public Works has issued construction in AYES-11. NOES-0. street permits to MFS Network Technologies pursuant to the interim agreement with the City dated February 13, 1995. NO.21 The most recent permit (#ST1854 - Copy Attached) allows the HISTORICPROPERTYTAXEXEMPTION installation of approximately 10,000 linear feet of conduit on ITEMNO.163C.C.P.,10/14/97 Delaware Avenue, Chippewa Street, South Elmwood Avenue You requested the Law Department prepare a local law for the Common Council's consideration which would allow that have been acquired through the in-rem process as of a tax exemption for alterations or rehabilitation of historic 10/6/97: properties in the city as provided by Section 444-a of the Real CITY-OWNED PROPERTIES IN Property Tax Law. Such a local law has been prepared and CURRENT INVENTORY TO BE filed with the City Clerk. DEMOLISHED Prior to the adoption of this local law, a public 1219 GENESEE 20 FRENCH hearing is required. A copy of such law must be filed with the 216 GREY 25 FRENCH State Board of Real Property Services and the Commissioner 161 HOWARD 225 GREY of Assessment upon enactment. 414 DODGE 432 MONROE While considering the local law, the Council should 1227 GENESEE 20 MONTANA bear in mind that Section 444-a gives the Council the discretion 235 PEACH 90 MONTANA to: 309 SWEET 263 MOSELLE (a) reduce the per centum of exemption 176 ARCHIE 48 PERSHING (The per centum in the local law prepared by 191 ARCHIE 44 PERSHING otherwise allowed 1696 BAILEY 179 STRAUSS the Law Department is the maximum provided in Section 444- 107 BARTHEL 339 WATSON a.) 247 BISSELL 77 WOLTZ (b) limit eligibility for the exemption to 259 BISSELL 41 WOHLERS (The local law prescribedforms of alterations or rehabilitation 97 BOX 229 MASSACHUSETTS as prepared does not specify any particular forms of alterations 131 BOX 425 BEST (FIRE HOUSE) or rehabilitation.) 1122 EAST DELAVAN 2044 BAILEY (PS#9) (c) provide that the exemption shall be applicable only to those alterations or rehabilitation which 462 EMSLIE IN REM - CITY ACQUIRED would otherwise result in an increase in the assessed 125 EATON OCT. 6, 1997 valuation of the real property but which consist of historic 250 HICKORY 541 SENECA (The local law preservation to an existing building structure 253 HICKORY 52 CAMP does contain this provision.). 282 MADISON 419 HICKORY The Council should be aware that under the present 161 METCALFE 259 HIGH law, the exemption would only apply to exterior alterations or 130 NEVADA 118 MULBERRY rehabilitation. The Buffalo Preservation Board only has 418 NORTHAMPTON 382 SYCAMORE jurisdiction over exterior modifications pursuant to Section 337- 677 RILEY 440 SYCAMORE 5 (F) of the Code of the City of Buffalo. Further discussion 348 WILSON 456 ADAMS with the Buffalo Preservation Board is recommended to explore 41 WOLTZ 427 BEST the potential ramifications of expanding their jurisdiction if the 498 NORTHAMPTON 167 FOX inclusion of interior modifications is desired. 367 WALNUT 755 JEFFERSON REFERRED TO THE COMMITTEE ON FINANCE. 115 CHERRY 138 LOEPERE 113 DODGE 258 LOEPERE NO.22 IN REM (CONT’D) CHANGEINCONTRACT-VARIOUSPARKINGRAMPS 71 ROTHER 138 MOHICAN ITEMNO.7,C.C.P.,10/14/97 169 ROTHER 46 SIDNEY You requested a response from the Law Department inquiring 301 ROTHER 119 CHESTER whether the Board of Parking can issue a change order without 489 SHERMAN 142 CHESTER Council approval for approximately one million dollars for 140 STANISLAUS 148 CHESTER changes not foreseen at the time the contract was let. 228 STRAUSS 228 CHESTER Section 403 of the Charter of the City of Buffalo reads 474 SWEET 1022 JEFFERSON "Extra Work. Where the head of the department or of any city 232 WOLTZ 202 LAUREL agency certifies in writing that owing to unforeseen 298 WOLTZ 348 MASTEN contingencies in the carrying out of any contract for any work or 91 ADAMS 274 UTICA EAST improvement any additional work is necessary for the 263 ADAMS 204 WAVERLY completion thereof, the council may authorize the same by a 74 CLARK 219 JEWETT AVE three-fourths vote of its membership No extra work shall be 140 DETROIT 17 ZENNER ordered or authorized by the head of any department, or 264 DETROIT 190 MILLER agency, or by the council, except as in this section provided." 423 JEFFERSON 57 RUHLAND Under the Charter provisions relating to the 1203 JEFFERSON 28 RUHLAND powers and duties of the Board of Parking, there is no provision 194 LANDON 36 RUHLAND granting the Board of Parking an exception from this 87 WOHLERS 2 FURHMANN requirement nor otherwise empowering it to unilaterally REFERRED TO THE COMMITTEE ON FINANCE AND authorize additional work on contracts. COMMISSIONER OF COMMUNITY DEVELOPMENT. The Board of Parking cannot issue a change order without Council approval. NO.25 REFERRED TO THE COMMITTEE ON FINANCE. RESULTSOFNEGOTIATIONS 419BROADWAY-GARAGE FROMTHECOMMISSIONEROFCOMMUNITY LOTSIZE:69.34'X85.02’ DEVELOPMENT ASSESSEDVALUATION: LAND:$3,800 NO.23 TOTAL:$6,300 SUPERMARKETMANAGEMENTINC.,PETITIONTO The Department of Community Development, REZONE410NIAGARASTREET,184MARYLAND,260TO Division of In-Rem Properties, has received a request from Ms. 312PROSPECT,AND185HUDSONSTREET Barbara Moore to acquire the above captioned property. The ITEMNO.83,C.C.P.,10/28/97 property consists of a one story concrete block building. Ms. The Department of Community Development heartily Moore intends to renovate and use the building for office and a endorses the petition to rezone the property referenced above, retail cellular paging business. She has provided proof of her since it will allow for the development of a new supermarket to financial ability to acquire and renovate the building. serve the needs of the Lower West Side, its environs, and the The Division of Collections has been contacted. There City and region as a whole. As your Honorable Body is aware, are no outstanding taxes or other liens owed to the City of a new supermarket has been an integral part of the ongoing Buffalo by the purchaser. revitalization efforts being undertaken by the City for this pivotal An independent appraisal of the property was gateway community. conducted Mr. Howard Schultz, M.A.I., 288 Linwood Street, The Department of Community Development fully Buffalo, New York 14209. He has estimated the value of the concurs with the Planning Board's decision to approve the property to be Nineteen Hundred Dollars, ($1,900). This proposed rezoning. represents approximately thirty cents, ($.30) per square feet for RECEIVED AND FILED. vacant commercial land and building. The Division of In-Rem has investigated the sales of similar properties in the area. NO.24 Sale prices range from $.16 to $1.77 per square foot. $3.5MILLIONCITYBONDMONEYFORDEMOLITION REQUESTTOUSE$2MILLION The results of our negotiations are that Ms. Moore This is a request to use $2 million of $3.5 in city has agreed and is prepared to purchase the property for bond money to demolish the following city owned properties Nineteen Hundred Dollars ($1,900). She has agreed to correct (LOAN)SCAJAQUADAPATHPHASE2 all code violations, pay for cost of the appraisal, transfer tax, I respectfully request that Your Honorable Body recording fees and the cost of the legal description. accept a temporary fund transfer (Loan) from the Buffalo Urban I am recommending that Your Honorable Body Renewal Agency for the second phase of the Scajaquada Path, approve the sale of 419 Broadway to Ms. Moore in the amount as outlined below. of Nineteen Hundred Dollars ($1,900). I am further FROM: TO: AMOUNT: recommending that the Corporation Counsel prepare the B.U.R.A. #12140000 C.P.A. 200-717-004 $500,000 necessary documents for the transfer of title and that the Mayor or a receivable account be authorized to execute the same. This loan of $500,000 will supplement funds Mrs. LoTempio moved: presently available in this account, plus funds to be borrowed That the above communication from the Commissioner of from the City of Buffalo, to cover construction and other costs Community Development dated November 3, 1997, be received associated with this project. The City of Buffalo presently has and filed; and three (3) signed grant contracts that will reimburse a total of That the offer from Ms. Barbara Moore, in the sum of $1,900 $1,298,457 of project costs. Therefore, both the B.U.R.A. and (One Thousand and Nine Hundred Dollars) for the sale of 419 City of Buffalo loans will be repaid in full, hopefully by February Broadway, be and hereby is accepted; and 1999. That the appraisal requested by the City of Buffalo shall be paid Mrs. LoTempio moved: by the purchaser; and That the communication from the Department of Community That the transfer tax, recording fees and cost of Development, dated November 13, 1997, be received and filed; legal description shall be paid by the purchaser; and and That the Acting Corporation Counsel be authorized That the Common Council be, and they hereby are authorized to prepare the necessary documents for the transfer of title and to accept a temporary fund transfer (loan) in the amount of that the Mayor be authorized to execute the same, in $500,000 from the Buffalo Urban Renewal Agency for the accordance with the terms of sale upon which the offer was second phase of the Scajaquada Path, as more fully described submitted. in the above communication. PASSED. PASSED. AYES-11. NOES-0. AYES-11. NOES-0. NO.26 NO.28 RESULTSOFNEGOTIATIONS SECONDCHANGEINCONTRACT91838700 278WILLIAM,WCORNEROFCEDAR ALLENDALETHEATER LOTSIZE:54'X145' HVACCONSTRUCTION ASSESSEDVALUATION: During the construction of the above project certain LAND:$4,900 items that were unforeseen at the time the bids were let, TOTAL:$51,800 required attention. Therefore, we recommend that the following The Department of Community Development, Division changes be made to Contract 91838700 with Buffalo Sheet of In-Rem Properties, has received a request to purchase the Metals, Inc. above property from Rev. Joseph Fisher, Pleasant Grove Eliminate installation of Deduct $1,890 Baptist Church, 226 Cedar Street. registers and diffusers The property consists of a three story multiple dwelling Eliminate air balance Deduct 700 in poor condition. The church intends to acquire the property Total Deduct $2,590 and demolish the building in order to expand the church's Contract Summary: facilities on Cedar Street. Original Contract Amount $152,800.00 The Department has no objections to the sale. The Change Order No. 1 $ 12,616.78 Division of Collections has been contacted and there are no Change Order No. 2 (This Change)Deduct $ 2,590.00 outstanding taxes or other liens owed to the City of Buffalo by New Contract Amount $162,826.78 the purchaser. These costs have been reviewed and approved by Trautman An independent appraisal of the property was Associates, project architectural consultant. Funds for this conducted Mr. Howard Schultz, M.A.I., 288 Linwood Street, deleted work will be returned to C.P.A. 200-717-041. Buffalo, New York 14209. He has estimated the fair market I recommend that Your Honorable Body authorize the value of the property to be Forty Three Hundred Dollars Commissioner of Community Development to issue a change ($4,300). This represents approximately Forty Seven cents order to Buffalo Sheet Metals, Inc. as set forth above. ($.47) per square foot for land and improvements. The Division Mrs. LoTernpio moved: of In-Rem concurs with the appraiser's estimate of value. That the above communication from the The results of our negotiations are that the church has Commissioner of Community Development dated November agreed and is prepared to pay $4,300 for the property. They 14, 1997, be received and filed; and have also agreed to pay for the cost of the appraisal, transfer That the Commissioner of Community Development tax, recording fees and the cost of the legal description. be, and he hereby is authorized to issue change order No. 2, to I am recommending that Your Honorable Body approve Buffalo Sheet Metals, Inc., a decrease in the amount of the sale of 278 William Street to the Pleasant Grove Baptist $2,590.00, as more fully described in the above Church, in the amount of Forty Three Hundred Dollars communication, for work relating to the Allendale Theater, ($4,300). I am further recommending that the Corporation HVAC Construction, Contract 91838700. Funds for this Counsel prepare the necessary documents for the transfer of project are to be credited to C.P.A. 200-717-041. title and that the Mayor be authorized to execute the same. PASSED. Mrs. LoTempio moved: AYES-11. NOES-0. That the above communication from the Commissioner of Community Development dated November 5, 1997, be received NO.29 and filed; and THIRDCHANGEINCONTRACT91838800 That the offer from Rev. Joseph Fisher, of Pleasant ALLENDALETHEATER Grove Baptist Church, 226 Cedar Street, in the sum of $4,300 ELECTRICALCONSTRUCTION (Four Thousand and Three Hundred Dollars) for the sale of During the construction of the above project certain 278 William Street, be and hereby is accepted; and items that were unforeseen at the time the bids were let, That the appraisal requested by the City of Buffalo required attention. shall be paid by the purchaser; and Therefore, we recommend that the following That the transfer tax, recording fees and cost of changes be made to Contract 9183880 with Frey Electrical legal description shall be paid by the purchaser; and Construction Co., Inc. That the Acting Corporation Counsel be authorized Furnish and install heat detectors to prepare the necessary documents for the transfer of title and rather than smoke detectors that the Mayor be authorized to execute the same, in in the auditorium. Total Add $749.00 accordance with the terms of sale upon which the offer was Original Contract Amount $162,000.00 submitted. Change Order No. 1 23,505.50 PASSED. Change Order No. 2 Deduct $ 35,262.85 AYES-12. NOES-0. Change Order No. 3 (This Increase) Add $749.00 New Contract Amount $150,991.65 NO.27 These costs have been reviewed and approved by PERMISSIONTOACCEPTA Trautman Associates, project architectural consultant. Funds TEMPORARYFUNDTRANSFER for this extra work are available in C.P.A. 200717-041. I recommend that Your Honorable Body authorize Funds for this work will be available in C.P.A. 200-717-006 the Commissioner of Community Development to issue a We are recommending award of the Base Bid plus change order to Frey Electric Construction Co. as set forth add Alternate No. I which will complete all construction work above. requirements for the second floor balcony area, Alternate No. 2 Mrs. LoTempio moved: which will complete all work requirements to replace the That the above communication from the existing third floor exit door and hardware, and Alternate No. 3 Commissioner of Community Development dated November which will replace the existing handicap ramp decking and 14, 1997, be received and filed; and surface material. That the Commissioner of Community Development be, and he I, therefore, recommend that Your Honorable Body hereby is authorized to issue change order No. 3, to Frey authorize the Commissioner of Community Development to Electrical Construction Co., Inc., an increase in the amount of order the work Summit Construction Group Inc. based on the $749.00, as more fully described in the above communication, Base Bid plus Add Alternate No. 1, No. 2, and No. 3 for a total for work relating to the Allendale Theater, Electrical contract award of $ 48,800. Construction. Funds for this project are to be charged to Mrs. LoTempio moved: C.P.A. 200-717-041. That the Commissioner of Community Development be PASSED. and he hereby is authorized to award a contract to Summit AYES-11. NOES-0. Construction Group, Inc. for replacement of 2nd and 3rd floor windows at 1170 Broadway Neighborhood Information Center NO.30 based on their base bid plus added Alternate No. 1, No. 2 and FIRSTCHANGEINCONTRACTNO.91925100 No. 3 in the total amount of $48,400. 382MASSACHUSETTSAVENUE PASSED. NEIGHBORHOODOUTREACHCENTER AYES-11. NOES-0. During the construction of the above project certain items that were unforeseen at the time of the bids were left, NO.32 required attention. CERTIFICATEOFAPPOINTMENT Therefore, we recommend that the following change Appointment Effective November 19, 1997 in the Department be made to Contract No. 91925100 with Miller Enterprises, of Community Development Division of Inspections , Licenses Inc.: & Permits to the Position of Chief Plumbing Inspector, 1. Provide new Hollow metal door and frame Permanent, at the Intermediate (Step 3) Starting Salary of Add: $4,318.00 $39,845 between M. Locker Room. No. 106 and the F. Locker Room Anthony Ando, 256 Cumberland Avenue, Buffalo,NY 14220 and all associated work required as indicated on revision REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Drawings No. R-101 and R-102 dated 10/14/97 2. Substitute clear poplar wood stools and aprons, FROMTHECOMMISSIONEROFSTREETSANITATION field painted, at four openings in lieu of plywood stools with plastic laminate finish. NO.33 Add: $118.00 GRASSCUTTINGINVOICETRANSFERS 3. Remove existing base and provide new resilient base on the In accordance with chapter 341, Article I of the City ordinance, North and West walls of Existing Storage # 102. I am hereinwith attaching a list of parcels of land in the City of Buffalo owners or persons having charge of such lands and the Add: $297.00 cost of cutting grass - weeds on these properties by the Department of Sanitation during the months of June October. Original Contract Amount $ 58,700.00 1997 Total = $14,355.00 Change Order No. 1 (This Change) Add $ 4,733.00 REFERRED TO THE COMMITTEE ON FINANCE AND New Contract Amount $ 63,433.00 COMPTROLLER. These cost have been reviewed and approved by Moser Architect, project Architectural Consultant. Funds for this extra NO.34 work is available in C.P.A. 200-717-029. VEHICLETRADEIN I recommend the Your Honorable Body authorize the The following is a list of trucks we need Council approval on, to Commissioner of Community Development issue a change trade in on the recently awarded bid for single axle order to Miller Enterprise Inc., as set forth above. dump/spreader trucks. Mrs. LoTempio moved: 1) S-929, 1982 Autocar B-76552 That the above communication from the Commissioner of 2) S-930, 1983 Western/Star B-76572 with wing Community Development dated November 17, 1997, be 3) S-931, 1983 Western/Star B-76566 with wing received and filed; and 4) S-932, 1983 Westem/Star B-76574 That the Commissioner of Community Development be, and he 5) S-933, 1983 Western/Star B-76576 hereby is authorized to issue change order No. 1, to Miller 6) S-934, 1983 Western/Star B-76578 Enterprises, Inc., an increase in the amount of $4,733.00, as 7) S-941, 1985 Westem/Star B-41113 more fully described in the above communication, for work 8) S-943, 1985 Westem/Star B-41112 relating to 382 Massachusetts Avenue -Neighborhood 9) S-944, 1985 Western/Star B-41126 Outreach Center, Contract No. 191925100. Funds for this These trucks listed have already been bid on by the competing project are to be charged to C.P.A. 200-717-029. vendors and will reduce our purchase price by $19,000.00 on PASSED. the total awarded to Fleet Maintenance. AYES-11. NOES-0. Your immediate attention to this detail is needed if we expect to receive the trucks awarded the bid for this winter. NO.31 If you have any questions, please contact me A.S.A.P. REPORTOFBIDS Mrs. LoTempio moved: 1170BROADWAYNEIGHBORHOODINFORMATION That the above communication from the CENTER Commissioner of Street Sanitation dated November 10, 1997, REPLACEMENTOF2NDAND3RDFLOORWINDOWSbe received and filed; and PROJECT That the Commissioner of Street Sanitation be, and ITEMNO.52,C.C.P.03/18/97 he hereby is authorized to trade-in the above listed vehicles for As authorized by your Honorable Body, Item No. 52 C.C.P. single axle dump/spreader trucks on a purchase price of March 18, 1997, this department received the following sealed $19,000.00 on the total awarded to Fleet Maintenance. proposal for the, " 1 170 Broadway Neighborhood Information PASSED. Center Replacement of 2nd and 3rd Floor Windows Project... AYES-11. NOES-0. which were publicly opened and read on November 7, 1997: CONTRACTOR Base Bid Alternate, No. I FROMTHECOMMISSIONEROFADMINISTRATIONAND Alternate No. 2 Alternate No. 2 FINANCE Summit Const.Grp. Inc. 42,400. $3,300 $2,200. $900. NO.35 344 Vulcan Street GENERALFUND-CITYGAPSHEET Buffalo, N.Y. 14207 FIRSTQUARTER1997-98 Architect's Estimate: $47,350 Base Bid Under this cover please find the City's General Fund I hereby certify that the foregoing is true and correct Gap Sheet for the first quarter of Fiscal Year 1997-98. abstract of the bid received and for this work and that Summit The Gap Sheet projects a positive fund balance of Construction Group Inc. is the lowest responsible bidder. $399,000 for the 1997-98 fiscal year. It should be noted that this estimate is based upon information currently available to not formal, not specific in nature, and where no reference is the budget office. Below is a summary of significant variances made to the fact that an employee has accumulated vacation from the 1996-97 budget. days in excess of the maximum allowed, are not equivalent to Revenues are currently projecting $1.1 million below asking for a formal opinion on a specific employee's situation. budget. State aid is down approximately $2.0 million from the The union contracts are, alternatively, very specific about these adopted budget. Recall that the state was late with its budget issues. again this year which resulted in a disparity between the Ms. Kuc's request should therefore be denied. estimates we used during our budget process and the actual I trust this answers your question. figures that the state adopted. Parking Surcharge revenues REFERRED TO THE COMMITTEE ON CIVIL SERVICE. are down approximately $300,000 due to changes in the way the state receives and distributes these funds and parking NO.38 meter revenue is projecting $300,000 below the budgeted CERTIFICATEOFAPPOINTMENT amount. On the positive side Departmental revenues are Appointment Effective November 17, 1997 in the Department projected to exceed budget estimates by approximately $1.0 of Administration and Finance Division of Parking Enforcement million due to the close-out of the special assessment fund for to the Position of Junior Data Control Clark, Provisional at the: demolitions and PILOT revenue is projecting $500,000 above Maximum Starting Salary of $24,819 budget. Maria M. Hernandez, 186 Whitney Place, Buffalo 14201 Offsetting the loss of revenue, expenditures are REFERRED TO THE COMMITTEE ON CIVIL SERVICE. projecting $1.5 million below budget. The largest savings are in Fringe benefits due to lower than state-provided pension FROMTHECOMMISSIONEROFHUMANSERVICES, estimates. Expenditures we expect to exceed budget are in the PARKSANDRECREATION areas of Other Fringes, primarily anticipated salary adjustments, Social Security and Miscellaneous Charges (812) NO.39 where judgement and claims is projecting $260,000 above CITYVEHICLEPK8910 budget due to an anticipated Police K-9 Unit settlement. CLARIFICATIONASPERBELOW I hope this document helps further inform the Council ITEM#51-NOVEMBER12,1997 of the city's current fiscal condition. My staff is available to met Recently, Laidlaw Bus Company donated a 1988 City ID (PK with you to discuss this document further if you should desire. 8801-SC) and 1989 City ID (PK 8910) GMC Bus to the City of REFERRED TO THE COMMITTEE ON FINANCE AND Buffalo. Once of these mini-buses was slated for the CAO at COMPTR0LLER. 70 Harvard Place, but due to a mis-communication both vehicles were titled and registered to the City of Buffalo. NO.36 When the titles are received by the City of Buffalo, from Albany, 1997-98CAPITALBUDGETAMENDMENT- New York, our intent is to rectify the situation by transferring ADVANCEOFSTATEFUNDSFORSHEA'SBUFFALOownership of the mini-bus PK8910 to the C.A.O. for whom the STAGEEXPANSION mini-bus was originally slated. The attached Capital Budget Amendment represents the The remaining mini-bus will be used jointly by the Division for Mayor's decision to advance additional City funds in place of, Senior Affairs and the Division of Recreation. but to be reimbursed by, $3.1 million in funds expected to come Clarification: from New York State for the Shea's Buffalo stage expansion The City of Buffalo will transfer ownership of mini-bus PK project. 8801-SC to the C.A.O., not the PK 8910 as originally As you know, the City has already committed to spend submitted. Sorry for any inconvenience our original request approximately $4.4 million of its own on the project. Shea's caused. Buffalo is borrowing over $7 million from four local banks as the RECEIVED AND FILED. remainder of the financing for the expansion, making the project more than 50% privately financed. FROMTHECOMMISSIONEROFGENERALSERVICES While the $3.1 million in State funds have been committed to in concept, they are designated to come from the State's $425 NO.40 million Community Facilities Enhancement Fund, for which a CERTIFICATEOFAPPOINTMENT Memorandum of Understanding (MOU) has not yet been Appointment effective November 10, 1997 in the Department of completed, a funding agency not yet selected and thus funds General Services, Division of Purchase, to the position of are not able to be certified as available to the project by the Senior Account Clerk Typist, Permanent Promotion, at the Comptroller. The MOU is expected to be completed shortly, Maximum starting salary of $26,231.00 and the Mayor has received assurances from the leadership of Gail Lis, 98 Athol St. (Left), Buffalo, New York 14220 the WNY delegation that the $3.1 million for Shea's will be REFERRED TO THE COMMITTEE ON CIVIL SERVICE. included in it. However, because of the tight construction schedule for the FROMTHECITYCLERK stage expansion project and the fact that bid prices will expire in late December 1997, there is a need to encumber all of the NO.41 funds for the project before that occurs., Thus, the Mayor made CERTIFICATEOFAPPOINTMENT the decision to step in and authorize the additional City Rinds Appointment Effective: November 18, 1997 in the Department so that the project can begin. Once the State completes the of City Clerk to the Position of Associate Account Clerk, MOU process and the funds are available, the City will Permanent Promotion at the maximum Starting Salary of reimburse itself for this advance. $29,525 The proposed Capital Budget amendment is for $3.4 million to Ruth O'Leary, 397 Abbott Rd., Buffalo, NY 14220 include approximately $300,000 in bond sale expenses REFERRED TO THE COMMITTEE ON CIVIL SERVICE. associated with both the original City $3 million contribution (which bond authorization was only for the $3 million in NO.42 proceeds required) and this subsequent $3.1 million advance. AUTOALLOWANCE We respectfully request that your Honorable Body approve this The following departments have filed the required certificate amendment, and are available as you need to answer relative to the granting of automobile transportation allowances questions. for employees in their respective departments: RECEIVED AND FILED. Department of Human Services, Parks and Recreation Division of Substance Abuse. NO.37 Louann Loubert, Account Clerk Typist J.KUC--REQUESTVACATIONTIMEPAYMENT RECEIVED AND FILED. The administration has no right to unilaterally change terms and conditions of employment that are inconsistent with the NO.43 existing collective bargaining agreements. The limits on LIQUORLICENSEAPPLICATIONS accumulating, using, and being paid for unused leave time are Attached hereto are communications from persons applying for clearly outlined in the collective bargaining agreements. liquor licenses from the Erie County Alcohol Beverage Control Ms. Kuc's request that days over the limit contained in the Board. collective bargaining agreement be "cashed out" is in violation Address Business Name Owner's Name of Article 7.6, which says "In no instance, however, will 75 Rodney Ave. Slomba's Tavern W.Hensley employees be compensated for any vacation days in excess of 675 Delaware Ave Erie Food Corp. J. O'Hara the employee's maximum bank of unused vacation as outlined 1614 Broadway DMW, Inc. D. Witulski! in [sections] 7.1 and 7.4." 454 Pearl SL. Lew's Inc. P. Kelleher Telephone calls or conversations with Labor Relations that are RECEIVED AND FILED. Gyrone McCoy, 202 Hamlin Rd., Buffalo, NY 14208 NO.44 LEAVESOFABSENCEWITHOUTPAY NO.47 I transmit herewith notifications received by me, reporting the APPOINTMENTS-TEMPORARY,PROVISIONALOR granting of the leaves of absence without pay, in the various PERMANENT departments as listed: I transmit herewith Appointments in the various departments Assessment- Daniel Lombardo made at the Minimum(Temporary, Provisional or Permanent) Public Works- William Finnigan and for Appointments at the Maximum (as per contract Administration and Finance- Maria Hernandez, Jackie Bald requirements) . Human Services, Parks/Recreation- Charlene Scherer REFERRED TO THE COMMITTEE ON CIVIL SERVICE. RECEIVED AND FILED. Appointment Effective: November 10, 1997 in the Department of Assessment to the Position of Senior Tax Clerk Provisional, NO.45 at the Minimum Starting Salary of $24,551 REPORTSOFATTENDANCE Kathleen M. Holy, 93 Duerstein, Buffalo, 14210 I transmit herewith communications received by me, from the Appointment Effective November 10, 1997 in the Department various boards, commissions, agencies and authorities of Police, to the Position of Report Technician, reporting the membership attendance at their respective Contingent Permanent, at the at the Minimum Starting Salary of meetings: $23,705 Buffalo Sewer Authority Stefania M. Ovak, 353 Forest Avenue,Buffalo, 14213 City Planning Board Appointment Effective November 17, 1997 in the Department RECEIVED AND FILED. of Administration & Finance Division of Treasury to the Position of Teller, Permanent at the: Minimum at the Starting Salary of: NO.46 $ 24,075.00 NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Monique Sullivan, 143 Bird Avenue, Buffalo 14213 I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various NON-OFFICIALCOMMUNICATIONS,PETITIONSAND departments. REMONSTRANCES RECEIVED AND FILED. NON-OFFICIALCOMMUNICATIONS DEPARTMENT OF ASSESSMENT NO.48 Appointment Effective November 10, 1997 in the Department BUFFALOSOFTBALLLEAGUEINC. of Assessment to the Position of Clerk, Seasonal, Non-REQUESTWAIVER-USERFEEFOR1997-98 Competitive at the Flat starting salary of $5.20 / Hr. Sandra J. Stotz, 4 Roebling Avenue, Buffalo, NY 1421 5 The Buffalo Softball League, Inc., (BSL) has been in DEPARTMENT OF PUBLIC WORKS existence since 1985. We currently have in our program Appointment Effective November 10, 1997 in the Department approximately 250 teams or 5,000 participants. of Public Works, Division of Buildings, to the Position of Senior The BSL has maintained its independent status for many First Class Stationary Engineer, Temporary Appointment years, both organizationally and fiscally as evidenced in our at the Flat Starting Salary of $7.33 per hour. annual audit filed with the Council. As many other not for profit Lawrence L. Doctor Jr., 29 Boone Street, Buffalo 14220 corporations we are experiencing financial hard times. John F. Kupinski, 34 Rother Street, Buffalo 14212 In the past few years both the BSL and the City have been Kevin McCarthy, 146 Hollywood Avenue, Buffalo 14220 named in several lawsuits filed by participants in our program. Norbert S. Prus Jr., 46 Young Street, Buffalo 14212 Many of the lawsuits have resulted in no liability to the BSL or Kenneth E. Zabawa, 168 Alabama Street, Buffalo 14204 the City but the legal costs for representation have far Appointment Effective November 13, 1997 in the Department exceeded our already limited budget. of Public Works, Division of Buildings, to the Position of Senior The BSL program has provided the residents of the City First Class Stationary Engineer, Temporary Appointment at the of Buffalo an opportunity to enhance their quality of life through Flat Starting Salary of $ 7.33 per hour. a recreational/competitive program utilizing City Parks. Kurt D. McGowan, 8 Fields Street, Buffalo 14210 We are in the process of lobbying our elected officials on James L. Moscato, 115 Imson Street, Buffalo 14210 the City, County and State level to obtain funding for our Daniel J. Schamann, 49 Hammerschmidt Ave.,Buffalo 14210 program. Brian P. Shea, 387 Okell Street, Buffalo 14220 At this time, we respectfully request the Common Council Appointment Effective November 14, 1997 in the Department to waive the User Fee for the BSL for the upcoming 1997-98 of Public Works Division of Buildings to the Position of Senior season enabling us to start another season while securing First Class Stationary Engineer, Temporary, at the Flat funding for the future of our program. Starting Salary of $ 7.33 per hour. Members of the Board of Directors are more than willing Charles E. Buchanan, 128 A Altruria Street, Buffalo 14220 to appear before the Common Council in support of our Daniel L. Inglut, 189 Harding Road, Buffalo 14220 request. Thank you for your time and consideration in this Thomas Lizak Jr., 226 Columbus Avenue, Buffalo 14220 matter. Peter J. Tabone, 32 Tacoma Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON FINANCE, Daniel J. Tattenbaum, 16 Deer Street, Buffalo 14207 CORPORATION COUNSEL AND COMMISSIONER OF Appointment Effective November 17, 1997 in the Department ADMINISTRATION AND FINANCE. of Public Works, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary at the Flat NO.49 Starting Salary of $7.33 per hour. R.COLES Michael G. Coniglio, 138 Folger Street, Buffalo 14220 REVIEW/COMMENTS-MASTERPLANPROJECT Appointment Effective November 18, 1997 in the Department of Public Works Division of Water to the Position of Account It was with some excitement that I reviewed your Clerk, Seasonal, Non-Competitive, at the Flat Starting Salary of request for proposals for the Masterplan project issued by your $5.46/Hour office on March 28, 1997. Here, I felt, was our opportunity to Helen A. Miranda, 7 Susan Lane, Buffalo, New York 14220 assist the City in developing a new vision for Buffalo--which I DEPARTMENT OF HUMAN SERVICES, PARKS AND still think of as the "Queen City of the lakes". The team RECREATION assembled by our firm for this study included persons who had Appointment November 14,1997 in the Department of Human either a long term relationship with the City, or who had Services Division of Recreation to the Position of Refrigeration extensive experience in Planning, or both. Plant Engineer, Seasonal, Non-competitive, at the Flat Starting · Barbara C. Arnold, in private practice as a planner, holds Salary of $6.91 per hour. a Master's in City and Regional Planning from the University of Jeffrey Klapp, 61 West Northrup, Buffalo 14214 Pennsylvania , and a Master's of Architecture and Urban Appointment Effective: November 14,1997 in the Department Design from the State University of Buffalo. Her experience of Human Services, Division of Recreation, to the position of includes a wide range of projects, and includes work with Fee Collector, Seasonal, Non-competitive, at the Flat Starting several City of Buffalo departments. She also worked for four Salary of $ 5.15 per hour. years for the Buffalo Model Cities Program. Lester Greico, 51 Delson, Buffalo 14216 · H. Robert Hodge, AIA, AICP, who has his own DEPARTMENT OF GENERAL SERVICES architecture and planning firm, has had extensive experience in Appointment Effective November 10, 1997 in the Department both architecture and planning. A graduate of Pratt Institute of General Services, Division of Inventory & Stores, to the with a Master's in Architecture, and holding a Master's in position of Laborer II (Seasonal), Non-Competitive, at the flat Planning from the Harvard Graduate School of Design, he starting salary of $6.92 per hour. oversaw the European operations of world-renown architect - 244 Genesee and planner Victor Gruen, who developed the first urban the County Executive and all cognizant state and county shopping malls. officials to make a concerted effort to create an energy production and distribution system that will be in · Dr. Jesse E. Nash, Jr., holder of a Doctor of Humane consonance with the international call for greenhouse gas Letters from Canisius and a Master's degree from the State emissions reduction. New York State cannot proceed in an University at Buffalo, has been a member of the Department of environmentally regressive mode while the nation and world Sociology/Anthropology at Canisius College since 1965. Dr. proceeds progressively. We, the public, expect responsible Nash's experience includes insights gained as the former environmental management as well as clean, efficient energy Executive Director of the Buffalo Model Cities Program and as production for a variety of sources. President for almost a decade of Seventy Eight Restoration, a We respectfully welcome your response. community based planning organization on the eastside of REFERRED TO THE COMMITTEE ON LEGISLATION Buffalo. · Robert T. Coles, FAIA. My 35 year old firm is one of the oldest in Buffalo. I hold a Master's in Architecture from M.I.T., two undergraduate degrees in architecture from the University Gioulep(as Use permit of Minnesota, and an Honorary Doctors of Letters from NO.51 Medialle College I have taught architecture and urban design K.GIOULEKAS for a number of years, including serving as the Langston USEPERMIT-244GENESEE Hughes Professor of Architecture and Urban Design in 1989 at I have enclosed a copy of the words I spoke to the the University of Kansas, and as Associate Professor of common council on November 5, 1997 in regard to a special Architecture at Carnegie Mellon University from 1990 to 1995. use permit for 244 Genesee St., Buffalo, NY 14204. When we were notified on June 25 that we were short- I apologize for having spoke of a 19 year period listed for the Urban Design services on the project, we were when only I I years were in regards to 244 Genesee St. It was delighted. As you requested, we sent our Cost Proposal important for me to convey to you that my livelihood was totaling $120,000 to your office on July 23. We met with you jeopardized by the City of Buffalo and once again the same and your Assistant, Mark Tyka, on October 1 as you explained threat exists. It becomes very difficult to remain loyal although I the organization of the Urban Design effort, but there was no have. There are many details which I have not yet touched mention or critique of our cost proposal. On October 31, we upon. met in a group with all of the team members in your office, and Please let me say the City of Buffalo must be the only hint that we had of the magnitude of the fees available propped up, one business, one citizen, one resident at a time to was the total figure of $820,000 listed in the handout circulated survive today's existing decay. at the meeting. I stated that, if we divided this figure by the REFERRED TO THE COMMITTEE ON LEGISLATION fourteen consultants listed, this would amount to under $60,000 per team. Your comment was something like, "This is NO.52 a planning study on the cheap." COUNCILSTAFF I attempted to talk to you about the resources being RECEIVERSHIPAGREEMENTWITHAMATOFORBCTV allocated to the project before our first project team meeting but Mark Tyka said that he couldn't speak on the subject and you Attached please find a copy of the executed were not available. It was only when we met on November 6 agreement between the City of Buffalo and James Amato & with the Project Team headed by DeLeuw Cather and including Company. The purpose of the agreement is to place Buffalo our firm and Foit-Albert's, that the full meaning of your words Community Television (BCTV) under the financial control of became clear. Our team, whose responsibilities include the Amato in a receivership program. Masten and Fillmore Districts, was allocated $70,000, of which RECEIVED AND FILED DeLeuw Cather's share was $40,000, Foit-Alpert's, $20,000, and ours, only $10,000. Needless to say, I was shocked. NO.53 Unless these monies are substantially increased, we cannot P.LOWREY participate in the project as structured. I think that my firm, and RESIGNATIONBROADWAYMKT.MGMT.CORP the team that I formed, could have contributed a great deal to the Masterplan. However, the current allocation of $10,000 for It is with regret that I tender my resignation from the my firm to participate in this study is grossly insufficient. Broadway Market Management Corporation effective 10/29/07. To even suggest that we work for that amount of money, I In the three years as a board member the Ethics feel, is an insult to me who was selected by Mayor Masiello as Annual Statement has not been brought up before now, in fact, this year's "Citizen of Distinction. As the founder of the at the time of my appointment this requirement was never creative Committee for a Waterfront University, and the mentioned. Had I known of the above I would not have successful effort to bring Saul Alinski to Buffalo, I might might accepted this appointment. have other views regarding how our city might thrive. As A neighborhood resident, I wish you continued REFERRED TO THE COMMITTEE ON COMMUNITY success in the ongoing growth and development of the famous DEVELOPMENT AND CITY PLANNING BOARD. Broadway Market. RECEIVED AND FILED NO.50 ERIECOUNTYENVIRONMENTALCOUNCIL NO.54 ELECTRICENERGYPRODUCTION C.MCCLOUD REQUESTTOPLACE"OURMARKET,INC."FOR The Erie County Environmental Management Council has PROPOSALPRESENTATIONONFINANCIALCOMMITTEE unanimously endorsed the enclosed resolution in its deep AGENDA concern for the proceedings and the outcome of the deregulation and the restructuring of the electrical energy This is a request from "Our Market, Inc," Board of Ditectors, to production and distribution industry. be placed back on the agenda of the Common Council We are seriously concerned about the deregulation, not Financial Committee, Our Market is prepared to present our only because of its potential for unequal rate structuring for the proposal and budget. Please contact me, with date and time at broad range of consumers, but principally for its significant the phone number below. environmental implications. We note that electric energy If you need additional information, please contact production is responsible for the lion's share of atmospheric me, Board President at 892-2335. I look forward to attending pollution. In western and upstate New York, the consequences the Financial Committee meeting. Thank You. of acid rain are noticeable. 'There is a critical need to clean-up RECEIVED AND FILED dirty power plants such as Huntley and Dunkirk, to encourage efficient use of electrical energy, to encourage the development NO.55 and expansion of clean, alternate, renewable energy resources, NORTHBUFFALOCOMMUNITYDEVELOPMENTCAR and to discourage nuclear power until its long term problems CORPORATION and expenses are resolved. REPORTOFAUDIT-NORTHBUFFALOICERINK The recent Niagara Mohawk rate and restructuring ITEM#6,C.C.P.9/2/97 settlement demonstrates that these urgent environmental concerns are not being realized. With our resolution, we We have been asked to respond to the City Comptroller's Audit strongly urge the Public Service Commission and the "political report of operations at the North Buffalo Ice Rink from powers that be" to remedy the process which has produced September 1, 1994 to March 31, 1997. The stated purpose of this faulty settlement, and to revamp it to make it the North Buffalo Community Development Corporation in environmentally responsible. We are calling on the Governor, operating the rink was to provide expanded hours of operation at a reasonable cost. The Board of Directors at the and we already have or we are planning on, implementing the Corporation believe that we have accomplished our objective. appropriate suggestions. In the future we plan on taking steps The rink is now opened daily, year found except certain to increase revenues and reduce operating costs, but we must holidays. The rink is open for both public skating and hourly not forget that it is our purpose to operate the rink with rentals for a variety of uses. Although it was our original hope expanded hours to benefit the people of the City, particularly that we would operate and break even financially, the increased our youth ... a purpose that the Board of Directors feels that we utility bills during the summer months has caused a small have achieved. deficit. We offer the following response to the Comptroller's "Audit REFERRED TO THE COMMITTEE ON FINANCE Findings": Operations - The audit points out that the "utilization NO.56 rate" at the rink has decreased since 1993-94. Certainly with E.PEREZ the rink being opened for more hours, the "percentage" of RESIGNATIONDIRECTOROFBNRC usage would decrease, however, the overall use of the facility has increased dramatically. The rink is utilized nearly 100% With this note please be advised that I can no longer serve as a during peak hours. During the hockey and skating seasons the director of BNRC. only available hours for rentals are during weekdays in the This is due in part with the recent change of my working hours mornings and early afternoons. Shutting the rink down during at my place of employment. these non-peak hours would not decrease cost, as all It was a pleasure and a privilege to have been able to serve not mechanical components would still need to be operated to only B.N.R.C. but the city of Buffalo in general. provide proper ice surfaces during peak operations. We do I congratulate the Board of Directors and wish them continued everything possible to market the available ice time and to success for the future. convince those interested parties to use our rink. RECEIVED AND FILED Rental Rates - In order to market the rink during off- peak hours, reduced rates are offered to those organizations of NO.57 individuals who are willing to rent ice in larger volumes. For L.SCONIERS instance, should a hockey league which plays their games WAIVEBLDGPERMITFEE during morning or early afternoon hours Monday through Friday 99HARVARDPLACE wish to use the rink for an entire season, we would offer the rink at a reduced rate. This maximizes our income without The CAO is the owner of a parcel located at 99 increasing our costs. In short, we are better off accepting Harvard Place, Buffalo, New York. Those premises will be $55.00 per hour and have the rink utilized rather than have a converted from a two family dwelling to a office on the lower stated cost of $85.00 per hour, but have the rink not being floor for New Venture Housing Corporation, the wholly owned used. tax exempt housing company of the CAO, with the upper flat We were informed that the City of Buffalo was going providing housing for a homeless family pursuant to a New to increase the rates of all rinks for the 1996-97 season. We in York State Homeless Housing and Assistance grant. turn adopted what we were told would be the new rates and The budget for the project is very tight, and funds entered into various contracts at the new rates. The City are limited. On behalf of the CAO and New Venture, I am eventually chose not to increase rates, but we had already done requesting that the building permit fee be waived. A waiver will so. add an additional $1,378.00 to the bottom line for the project. As far as residents bearing a higher percentage rate Mrs. Lotempio moved: increase than non-residents, this is inherent in the rate That the above communication from Lester G. Sconiers, structure. If existing rates are $50 for residents, and $60 for esq. dated November 7, 1997, be received and filed; and non-residents, and a $10 increase was added to both, the That the building permit fee be waived for 99 Harvard Place increase to residents would be 20% while the increase to non-for the New Venture Housing Corporation, the wholly owned tax residents would be 16%. In both cases, however, the increase exempt housing company of the CAO. was the same. PASSED We concur with the audit findings that Common AYES-11 NOES-0 Council authorization was not sought, but as stated previously, we were advised that the City was going to raise their rates NO.58 also, and we were only reflecting the expected increases. TCIOFNEWYORK,INC. Audit - As mentioned previously, the cost of operations 3RDQUARTERTELEPHONEREPORT during the summer months has turned out to be greater than JULY-SEPT1997 originally felt. This has effected our profitability. We are seeking ways to reduce our utility costs. Attached is a copy of the third quarter telephone Staffing - The audit found that some employees of both the report that was submitted to the New York State Public Service City and the community center had overlapping hours. Commission. This report includes telephone statistics from Employees at the rink are paid by the community center from July through September 1997; as required by the franchise April to October. From October to April they are paid by the agreement with the city. City. On a few occasions during October confusion occurred If you have any questions regarding this report, as to which payroll the employees were on. This problem please contact me at (716) 843-8030. has been corrected, and the City's Parks Department shares REFERRED TO THE SPECIAL COMMITTEE ON their payroll records with us to assure that this will no longer TELECOMMUNICATIONS. occur. PRELIMINARY Concessions - In an effort to assist the North Buffalo DRAFT Hockey Association, we allowed them to operate the food concessions at no cost. This has proven to be unprofitable NO.59 to both the Association and us. We plan to subcontract the WELLNESSINSTITUTE concessions to a private concern at a negotiated rate. WELLNESSFACILITYFORCITYEMPLOYEES Public Skating - The audit suggests that public skating COMMENTS(RECOMMENDATIONSFORWELLNESS hours should be reduced on weekends to allow for greater FAMILYFORCITYEMPLOYEES(#152C.C.P.NOV12 hourly ice rentals, which are more profitable. We do not 1997) agree with this recommendation. It continues to be our purpose to have the rink available for all to use. Reducing As noted in the well written item referred to the public skating, even though it might increase profits, is not committee on legislation the establishment a permanent city advocated. hall wellness facility would provide an additional resource to Advertising - We do share revenue from advertising with positively impact health behavior practices of city hall the North Buffalo Hockey Association. We support the employees. activities of the Association. Indeed the agreement states It is a well documented fact in the exercise literature that the revenue from advertising is the property of the that access plays an integral role in facilitating an individual's operator; we should be allowed to disburse that revenue as participation in regular physical activity. we feel is proper. In sponsoring the Hockey Association, we What is even more positive is that the 1996 Surgeon are sponsoring the youth of North Buffalo which is why we General: report on "Physical Activity and Health" points out that entered into the agreement in the first place. even modest (and moderate) amounts of regular physical Conclusion: activity can effect health status. We welcomed the Comptroller's review of our Participation in regular physical activity significantly operations. We learned several things as a result of the audit, reduces risk of cardiovascular disease (heart disease). Heart disease in the city and the county both exceed statewide averages. PETITIONS All of these above factors plus consistent findings, on employee wellness program surveys showing a high interest NO.62 in the use or such a facility and a willingness to contribute a E.C.I.D.A., ovvner, petition to use 127 Fillmore for a pole sign. modest fee (ten dollars a month) point to a win-win-win REFERRED TO THE COMMITTEE ON LEGISLATION, THE situation for the city as an employer, employees and the CITY PLANNING BOARD AND THE COMMISSIONER OF taxpayer. COMMUNITY DEVELOPMENT Currently the wellness program (1) manages the voluntary police fitness program (2)has provided light physical NO.63 activity programs in city hall and numerous workshops to all Michael & Barbara McKenna, owner, petition to use 43 segments of the city work force on "how to" improve health and Roseville for a pole sign. physical fitness through regular physical activity. In the spring REFERRED TO THE COMMITTEE ON LEGISLATION, THE of 1997 675 Buffalo firefighters participated in "in-service CITY PLANNING BOARD AND THE COMMISSIONER OF “training on the importance of regular physical activity in doing COMMUNITY DEVELOPMENT their jobs safely and preventing back injury. While the need is obvious in those city jobs that are physically demanding it is NO.64 equally critical to those in sedentary work A phone should be Canada Life Insurance Co., owner, petition to use 1275 installed and the protocols for the use of the facility should be Delaware for a pole sign. the same as found in the Buffalo Police fitness program. REFERRED TO THE COMMITTEE ON LEGISLATION, THE equipment selection, hours of operation should be determined CITY PLANNING BOARD AND THE COMMISSIONER OF by a small task force representative of city hall and facilitated by COMMUNITY DEVELOPMENT the wellness program staff. REFERRED TO THE COMMITTEE ON LEGISLATION NO.65 Gelinmac Storage, owner, petition to use 20 Buffalo River for NO.60 manufacture of animal feed. WGRZ-TV COMMENTS/PROPOSEDTELECOMMUNICATIONSREFERRED TO THE COMMITTEE ON LEGISLATION, THE ORDINANCE CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT Buffalo TV Station WGRZ-TV ("Station") hereby responds to the recent request for comments issued by the Buffalo NO.66 Common Council ("Council") relating to the Council's Proposed W. Ward & J. Little, owners, petition to use 26 Allen for a Telecommunications Ordinance ("Ordinance"). The Station tavern. understands that the Council does not intend for the Ordinance to apply to commercial television stations. Nevertheless, the REFERRED TO THE COMMITTEE ON LEGISLATION, THE Station is concerned that the broad definitions of CITY PLANNING BOARD AND THE COMMISSIONER OF "Telecommunications Carrier" and Telecommunications COMMUNITY DEVELOPMENT Service" contained in the Ordinance could be construed to apply to broadcasters. For this reason, the Station proposes NO.67 that the definition of "Telecommunications Service" be revised A. M. Faddell, owner, petition to use 317-319 E. Delavan for a as shown below to clarify that commercial radio and television store. broadcasting is not included. Telecommunications Service. The providing or REFERRED TO THE COMMITTEE ON LEGISLATION, THE offering for rent, sale or lease, or in exchange for CITY PLANNING BOARD AND THE COMMISSIONER OF other value received, of the transmittal of voice, data, COMMUNITY DEVELOPMENT image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, REGULARMEETINGS with or without the benefit of any closed transmission medium, except that the term telecommunications CIVILSERVICE service shall not include the providing of over-the-air (DAVIDJ.CZAJKA,CHAIRMAN) commercial radio or television broadcast service. The Station appreciates the opportunity to comment on the NO.68 Ordinance. Any questions or further information concerning FAMILYANDMEDICALLEAVEACT the Ordinance should be directed to: (ITEMNO.134,C.C.P.,SEPT.2,1997) Lawrence P. Herbster President and General Manger That the above item be, and the same hereby is returned to the WGRZ-TV Common Council without recommendation. 259 Delaware Avenue Mr. Czajka moved: Buffalo, New York 14202 That the above item be and hereby is received and filed. (716) 849-7650 ADOPTED. (716) 849-7600 fax REFERRED TO THE SPECIAL, COMMITTEE ON TELECOMMUNICATIONS. NO.69 APPOINTMENT NO.61 M.ORTOLANI That Communication 52, November 12, 1997, be received and DEMOLITIONOF138SPRUCEST. filed and the Provisional appointment of James Harrington stated above at the Maximum salary $27,935.00 effective on With reference to our many conversation regarding November 3, 1997 is hereby approved. the demolition of 138 Spruce St., your contractor, Joy Martin, PASSED has been less than cooperative, AYES-11 NOES-0 At the time of the demolition, Mr. Martin's company lacked a staging area for hi is equipment. At that time we NO.70 allowed him use of our lot immediately to the North, but only if NOTICESOFAPPTS.-TEMP/PROV/PERM(CCLK) he restored the land to its original state. We asked that he (ITEM#61CCPNOVEMBER12,1997) regrade it and to repair the fence on our property to the South of the demolition site. To date the empty lot has not been That the above mentioned item be and the same is hereby graded and the barbed-wire on the fence has not been received and filed. replaced. ADOPTED I am asking that the City of Buffalo hold back any money due to him, in an effort to force this issue of repairing NO.71 what I have outlined above. APPOINTMENT REFEREED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF COMMUNITY DEVELOPMENT AND That Communication 80, November 12, 1997 be received and CORPORATION COUNSEL. filed and the Provisional appointment of Clyde L. Eschborn stated above at the Minimum salary $23,909.00 effective on NO.82 October 27, 1997 is hereby returned to the Common Council RESULTSOFNEGOTIATIONS-323WESTFERRY- without recommendation. PRECINCT#5 Mr. Czajka moved: (ITEMNO.22,C.C.P.,OCT.28,1997) That the above item be and hereby is approved. That the above item be, and the same hereby is returned to the PASSED. Common Council without recommendation. AYES-11 NOES-0 Mr. Franczyk moved: That the offer from Molly McBride of Michael M. FINANCECOMMITTEE Blinkoff and Associates, Attorneys at Law, Eberhardt Mansion, DAVIDA.FRANCZYK,CHAIRMAN 2746 Delaware Avenue, in the sum of $55,000.00 (Fifty-Five Thousand Dollars) to purchase the property described as 323 NO.72 West Ferry Street, be and hereby is accepted; and ELMWOOD/VIRGINIAFIRESTATION(FIRE) (ITEM#41CCPOCTOBER28,1997) That the appraisal requested by the City of Buffalo That the above mentioned item be and the same is hereby shall be paid by the purchaser; and received and filed. That the transfer tax, recording fees and cost of ADOPTED. legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to NO.73 prepare the necessary documents for the transfer of title and 29MILITARYROAD that the Mayor be authorized to execute the same, in (ITEMNO.214,C.C.P.,JUNE24,1997) accordance with the terms of sale upon which the bid was That the Common Council direct the Division of Treasury to submitted. apply Mr. George Kotrosan's payment to the back property PASSED. taxes that he owes, for 282 Amherst and 86 Bush Streets; and AYES-11. NOES-0. That certified copies of this resolution be sent to Marilyn Smith, Director of Treasury, Bruna Michaux, Sr. Tax Administrator, NO.83 and Ho Noble, Assistant Corporation Counsel in the Law RESULTOFNEGOTIATIONS-187ORLANDOSTREET Department. (ITEMNO.50,C.C.P.,OCT.28,1997) PASSED. That the offer from Jose and Maria Diaz, of 189 AYES-11. NOES-0. Orlando Street, in the sum of $600.00 (Six Hundred Dollars) to purchase the property described as 187 Orlando Street, be and NO.74 hereby is accepted; and LABIN&BUFFOMANTE-EX.AP.ASMRT.DISTR.TAX1141 That the appraisal requested by the City of Buffalo KENSINGTON shall be paid by the purchaser; and (ITEM#91CCPJULY8,1997) That the transfer tax, recording fees and cost of legal That the above mentioned item be and the same is hereby description shall be paid by the purchaser; and received and filed. That the Corporation Counsel be authorized to prepare ADOPTED. the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with NO.75 the terms of sale upon which the bid was submitted. AUDITEDFIN.STATE.-WATERAUTH.1996&1997PASSED. (COMPT) AYES-11. NOES-0. (ITEM#13,OCTOBER14,1997) That the above mentioned item be and the same is hereby NO.84 received and filed. BONTONSTORES-CERT.PROC,1997-98(CC) ADOPTED. (ITEM#27CCPNOVEMBER12,1997) NO.76 That the above mentioned item be and the same is hereby AUDITEDFINSTATE.-WATERAUTH.-1996-97(PW) received and filed. (ITEM438CCPOCTOBER28,1997) ADOPTED. That the above mentioned item be and the same is hereby received and filed. NO.85 ADOPTED RENEWLEASE-AMERICANLEGION-136CAZENOVIA NO.77 STREET AUDITEDFIN.STATE.-WATERBD.-1997&1996 (ITEMNO.8,C.C.P.,NOV.12,1997) (ITEM#7,CCPNOVEMBER12,1997) That the Comptroller be, and he hereby is authorized to renew That the above mentioned item be and the same is hereby the lease between the City and the South Buffalo Post #721, received and filed. American Legion, Inc., for the lease of 136 Cazenovia Street, ADOPTED for a five (5) year term commencing December 1, 1997 and to expire November 30, 2002, the annual rental fee to be charged NO.78 is $1.00 (Only One Dollar). The garbage user fee is to be paid INVITESALVAGEONPROP.SLATEDFORDEMO(2NDby the tenant and insurance is to be provided saving the City RES.ADOPTED) harmless from any liability set forth per Item No. 197, C.C.P., (ITEMNO.189,C.C.P.,JULY22,1997) 3/31/87. Authorized the Corporation Counsel to prepare the That the above mentioned item be and the same is hereby necessary documents to renew said lease and that the Mayor received and filed. be authorized to execute the same. ADOPTED. PASSED. AYES-11. NOES-0. NO.79 INVITESALVAGEONPROP.SLATEDFORDEMO. NO.86 (ITEMNO.49C.C.P.OCTOBER28,1997) BUFFALOBLIZZARD-TICKETFEESURCHARGESAND That the above mentioned item be and the same is hereby LEASE received and filed. (ITEMNO.32,C.C.P.,NOV.12,1997) ADOPTED. That the Common Council approve the prior agreed to lease extension with the Buffalo Sabres and Rich Products NO.80 contingent upon the payment of $23,653.52 in ticket surcharge WAIVERFORLEADHAZARDCONTROLPROJ. arrears due from the Buffalo Blizzard; and the Corporation (ITEMNO.165C.C.P.OCTOBER14,1997) Counsel be authorized to prepare the necessary documents to That the above mentioned item be and the same is hereby renew said lease and that the Mayor be authorized to execute referred to the Lead Task Force Committee. the same. ADOPTED. PASSED. AYES-11. NOES-0. NO.81 WAIVERFORLEADHAZARDCONTROLPROJ.(A&F) NO.87 That the above mentioned item be and the same is hereby CHANGEINCONTRACT-RECONSTRUCTIONOF referred to the Lead Task Force Committee. VARIOUSRAMPS(CC) ADOPTED. (ITEMNO.37,C.C.P.,NOV.12,1997) That the above item be, and the same hereby is returned to the Common Council without recommendation. MILITARY-POLESIGN Mr. Franczyk moved that the above item be recommitted to the (ITEMNO.67,C.C.P.,NOV.12,1997) Committee on Finance. That the above item be, and the same hereby is, ADOPTED. returned to the Common Council without recommendation. Mr. Coppola moved: NO.88 That after a public hearing before the Committee on CHANGEINCONTRACT-RECONSTRUCTIONOFLegislation on November 18, 1997, the petition of Benderson VARIOUSRAMPS(ITEMNO.7,C.C.P.,OCT.14,1997)85-1 Trust, owner, for permission to use 355 Military for a pole (ITEMNO.92,C.C.P.,NOV.12,1997) sign be, and hereby is approved. That the above item be, and the same hereby is PASSED. returned to the Common Council without recommendation. AYES-11. NOES-0. Mr. Franczyk moved that the above item be recommitted to the Committee on Finance. z ADOPTED. NO.95 RONALDY.ALSHEIMER-PETITIONTOUSE2635 NO.89 DELAWARE-POLESIGN INCREASEDAPPROPRIATION-BOARDOFPARKING(ITEMNO.68,C.C.P.,NOV.12,1997) (ITEMNO.162,C.C.P.,OCT.14,1997)(ITEMNO.93, C.C.P.,NOV.12,1997) That after a public hearing before the Committee on That the above item be, and the same hereby is Legislation on November 18, 1997, the petition of Ronald Y. returned to the Common Council without recommendation. Alsheimer, owner, for permission to use 2635 Delaware for a Mr. Franczyk now moved that the above item be recommitted to pole sign be, and hereby is approved. the Committee on Finance. PASSED. ADOPTED. AYES-11. NOES-0. NO.90 NO.96 REPORTOFBIDS-SCAJAQUADAPATHPHASE2 E.THOMAS&O-OPP.HARBORHOUSEDROPIN (ITEMNO.41,C.C.P.,NOV.12,1997) CENTER-244GENESEE That the Commissioner of Community Development (ITEM#69CCPNOVEMBER12,1997) be, and he hereby is authorized to award a contract to Paul J. That the above mentioned item be and the same is hereby Gallo Contracting, Inc., for Scajaquada Path Phase 2, the received and filed. lowest responsible bidder in the Base Bid plus Add Alternate ADOPTED. No. 2 for a total contract award of $1,049.000, with said cost to be charged to Community Development C.P.A. 200-717-004. NO.97 PASSED. SUPERMARKETMANAGEMENT,INC.,PETITIONTO AYES-11. NOES-0. REZONE 260-312PROSPECT,185HUDSON,184MARYLANDAND NO.91 401NIAGARASTREET SELECTCOLLECTIONAGENCY-PARKINGAND(ITEMNO.83,C.C.P.,OCT.28,1997) ADJUDICATIONFINES (ITEMNO.50,C.C.P.,NOV.12,1997) That the Common Council of the City of Buffalo That the Commissioner of Administration be, and does hereby ordain as follows: she hereby is authorized to negotiate with Great Lakes Bureau That that part of the Zoning Ordinances of the City for the collection of past due parking and adjudication fines and of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it report back to this Common Council with the final contract for relates to the use map thereof be amended to show a "C2" approval. Commercial District rather than a "R-3 Residential District for PASSED. the premises known as 260-312 Prospect, 185 Hudson, 184 AYES-11. NOES-0. Maryland and 401 Niagara Street and more particularly described as follows: NO.92 PROPOSED DESCRIPTION FOR NYSCRIMINALJUSTICESERVICESCONTRACTRECONFIGURATION OF C-2 ZONING DISTRICT INTERVENTION&TREATMENTFORYOUTH ALL THAT TRACT OR PARCEL OF LAND, situate in (ITEMNO.53,C.C.P.,NOV.12,1997) the City of Buffalo, County of Erie and State of New York, being That the Commissioner of Human Services, Parks and Part of Block No. 63 also being part of the One Mile Strip, Recreation be, and he hereby is authorized to accept bounded and described as follows: $57,165.00 in funding from the New York State Division of BEGINNING at the intersection of the northeasterly Criminal Justice for a Community Intervention and treatment for line of Niagara Street (99.0 ft. Wide) with the northwesterly line Youth or C.I.T.Y. Program. Authorized the Comptroller to of Maryland Street (66.0 ft. Wide); establish an interfund loan of $57,165.00. thence northeasterly and along the aforesaid PASSED. northwesterly line of Maryland Street a distance of 281.70 ft. to AYES-11. NOES-0. the intersection of Maryland Street with the southwesterly line of Prospect Avenue (66.0 ft. wide); NO.93 thence northwesterly and along said southwesterly line RENEWLEASE-BELLAVISTAGROUP,INC. of Prospect Avenue a distance of 553.48 ft. to a point therein, (ITEMNO.20,C.C.P.,OCT.28,1997) 75.50 ft. southeasterly of the intersection of said south line of (ITEMNO.94,C.C.P.,NOV.12,1997) Prospect Avenue with the southeasterly line of Hudson Street That the above item be, and the same hereby is (66.0 ft. wide); returned to the Common Council without recommendation. thence southwesterly on a line parallel with the Mr. Franczyk moved: southeasterly line of Hudson Street a distance of 97.50 ft.; That the Comptroller be, and he hereby is authorized thence northwesterly on a line parallel with the to renew the lease between the City and Bella Vista Group, southwesterly line of Prospect Avenue a distance of 75.50 ft. to Inc., for the lease of 2237 Niagara Street, for an additional one a point in the southeasterly line of Hudson Street; (1) year term commencing October 1, 1997 and to expire thence southwesterly and along the southeasterly line September 30, 1998, the annual rental fee to be charged is of Hudson Street a distance of 184.20 ft. to the intersection of One Hundred and Fifty-Five Dollars($155.00) The garbage said line of Hudson Street with the northeasterly line of Niagara user fee is to be paid by the tenant and that the Corporation Street; Counsel authorized to prepare the necessary documents to thence southwesterly along the northeasterly line of renew said lease and that the Mayor be authorized to execute Niagara Street a distance of 628.98 ft. to the POINT or PLACE the same. OF BEGINNING. PASSED. CONTAINING an area of 169,822+ sq. ft. or 3.899+ acres. AYES-11. NOES-0. This rezoning shall be effective providing the following conditions are met: LEGISLATIONCOMMITTEE That this rezoning shall not be effective unless and ALFREDT.COPPOLA,CHAIRMAN until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such NO.94 filing is submitted to the City Clerk's Office. BENDERSON85-1TRUST-PETITIONTOUSE355 That this rezoning will not be effective until such conditions as set by the City Planning Board are met. R.HENDERSHOT-COMPLAINTNOISE652NO.OGDEN That this Common Council finds this action to be an (POL) Unlisted Action under the S.E.Q.R. Act and adopts petitioner's (ITEM#35CCPSEPTEMBER16,1997) findings such that no further environmental review is required That the above mentioned item be and the same is hereby under said Act. received and filed. That there shall be no entrance or exit on Prospect ADOPTED Avenue from Maryland to Hudson and there shall be landscape NO.105 fencing. R.HENDERSHOT-COMPLAINT-NOISE652NO.OGDEN It is hereby certified, pursuant to Section 34 of the (A&F) Charter that the immediate passage of the foregoing ordinance (ITEM49CCPSEPTEMBER2,1997) is necessary. That the above mentioned item be and the same is hereby Approved as to Form received and filed. Michael B. Risman ADOPTED Acting Corporation Counsel Passed. NO.106 AYES-11. NOES-0. HUDINVEST.LEADABATEMENT-LAKEVIEWHSG- PROJ- NO.98 (ITEM#139CCPSEPTEMBER2,1997) USE401NIAGARA/184MARYLAND/260-312That the above mentioned item be and the same is hereby PROSPECT/185HUDSON(C.P.BD.) received and filed. (ITEM#6NOVEMBER12,1997) ADOPTED That the above mentioned item be and the same is hereby received and filed. NO.107 ADOPTED. AMANACAP.ABUSE/WATERSYS.CUSTOMERS NO.99 (ITEM#156CCPSEPTEMBER30,1997) RICHARDL.LAPLANTE-PETITIONTOUSE783-785That the above mentioned item be and the same is hereby ELMWOOD-SIT-INRESTAURANT received and filed, (ITEMNO.79,C.C.P.,OCT.28,1997) ADOPTED (ITEMNO.99,C.C.P.,NOV.12,1997) That after a public hearing before the Committee on NO.108 Legislation on November 18, 1997, the petition of Richard L. NOTIFICATIONSER.#8961-8963(PW)(8963ONLY) LaPlante, owner, for permission to use 783-785 Elmwood (ITEM#25CCPOCTOBER28,1997) Avenue for a pole sign be, and hereby is approved with the That the above mentioned item be and the same is hereby following conditions: received and filed. 1. Liquor shall not be served. ADOPTED 2. The outside grounds should be maintained and clean at all times. NO.109 3. The dumpster must be closed in back of the OPPOSEDISCONTINUANCEOFPEDIATRICSERVICEAT building. EASTSIDEHEALTHCENTER 4. A sidewalk cafe is permitted. (ITEMNO.182,C.C.P.,OCT.28,1997) Awnings are permitted. That this Common Council opposes the 5. discontinuance of the Pediatric Service at the East Side Health 6. Music is not to be heard on the outside. Center; and PASSED. That this Council requests the Commissioner of the AYES-11. NOES-0. Erie County Department of Health along with representatives of the East Side Health Center to attend the next meeting of the NO.100 Common Council's meeting on Legislation to discuss proposed ZIONDOMINIONCHURCH,PETITIONTOUSE364 changes for the East Side Health Center. GENESEE-POLESIGN ADOPTED. (ITEMNO.80,C.C.P.,OCT.28,1997) (ITEMNO.100,C.C.P.,NOV.12,1997) NO.110 That the above item be, and the same hereby is, returned to ENCROACH320PEARLSTREET-AWNING(ITEMNO.15, the Common Council without recommendation. C.C.P.,NOV.12,1997) Mr. Coppola moved: That the Commissioner of Public Works be, and he That after a public hearing before the Committee on hereby is authorized to issue a mere license" to Mr. Joseph Legislation on November 5, 1997, the petition of Zion Dominion Silvaroli, owner of The Lafayette Tap Room, located at 320 Church, owner, for permission to use 364 Genesee for a pole Pearl Street, to install an awning, which would encroach city sign be, and hereby is approved subject to conditions as right-of-way at said address, subject to the following conditions: established by the Planning Board. 1. That the applicant obtain any and all other City of PASSED. Buffalo permits necessary for said installation. AYES-11. NOES-0. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Public NO.101 Works, Division of Buildings. LENCO.LUMBERCORP.,PETITIONTOUSE1411 3 . That the applicant supply the City of Buffalo with a SENECASTREET-BILLBOARD five thousand dollar ($5,000.00) construction in street bond or (ITEMNO.72,C.C.P.,SEPT.30,1997) certificate of insurance which will indemnify and save harmIess (ITEMNO.102,C.C.P.,NOV.12,1997) the City of Buffalo against any and all loss and damage arising That the above item be and the same hereby is returned to the out of the construction, maintenance, use and removal of said Common Council without recommendation. awning. Mr. Coppola moved that the above item be recommitted to the PASSED. Committee on Legislation. AYES-11. NOES-0. ADOPTED. NO.111 NO.102 ENCROACH570AMHERSTSTREET-SIDEWALKCAFE ORDINANCEAMENDCH.103- (ITEMNO.16,C.C.P.,NOV.12,1997) COMM.TOWERS/ANTENNAS That the Commissioner of Public Works be, and he (ITEM189CCPJULY8,1997) hereby is authorized to issue a mere license" to Ms. Lisa That the above mentioned item be and the same is hereby Meadows, owner of Lisa's Bar and Restaurant, located at 570 received and filed. Amherst Street, to install a sidewalk cafe, which would ADOPTED encroach city right-of-way at said address, subject to the NO.103 following conditions: R.HENDERSHOT&0-COMPLAINT-NOISE652NO. 1. That the applicant obtain any and all other City of OGDEN Buffalo permits necessary. (ITEM4119,CCPJULY8,1997) 2. That the sidewalk cafe be installed exactly as shown That the above mentioned item be and the same is hereby on plans submitted to and approved by the Department of received and filed. Public Works, Division of Buildings. ADOPTED 3. That the sidewalk cafe does not exceed fifteen feet (I NO.104 5') in length or extend more than ten feet (10') from the building received and filed. face. ADOPTED 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public COMMITTEEONEDUCATION sidewalk. (BARBARAA.KAVANAUGH,CHAIRPERSON) 5. That the sidewalk cafe be completely removed from NO.115 City right-of-way from November 15 to April I each year. BFT-BD.OFED.BACKPAYLAWSUIT 6. That the applicant be assessed the annual fee of two (ITEM462CCPNOVEMBER12,1997) dollars ($2.00) per square foot of City right-of-way occupied by That the above mentioned item be and the same is hereby said sidewalk cafe as described in Chapter 413, Article IX, received and filed. Section 59 (Sidewalk Cafes) of the City Ordinances. ADOPTED 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or RESOLUTIONS certificate of insurance which will indemnify and save harmless NO.116 the City of Buffalo against any and all loss and damage arising By: Mr. Brown and Ms. Gray out of the construction, maintenance, use and removal of said DESIGNATEAPOLLOTHEATERCOMPLEXFORPUBLIC sidewalk cafe. ACCESSTVCENTER 8. The cafe will be enclosed by a railing. Whereas: Funding is being put in place and plans 9. There will be no music allowed outside of the cafe. are being prepared for the rehabilitation of the former Apollo 10. The cafe will close by 10:00 p.m. Theater at 1346 Jefferson Avenue; and 11. There will be no trash receptacles placed within the Whereas: At the Council meeting of November 12, cafe. 1997 the Council approved a $1.3 million bond resolution; last PASSED. year, $500,000 in bond funds was set aside for this project; AYES-11. NOES-0. and Whereas: The 3,000 square foot facility is about to NO.112 undergo a complete renovation that will revitalize that facility RESTAURANTDANCINGCLASSI-850ELKSTREET and the entire community, and which will be completed in 1998; (ITEMNO.39,C.C.P.,NOV.12,1997) and That the above item be, and the same hereby is Whereas: This project would result in a modem, returned to the Common Council without recommendation. state-of-the-art facility that is secure, accessible, appropriate Mr. Coppola moved: for this community's access needs as we approach the 21st That pursuant to Chapter 150 of the City Code, the century and a useful tool to help spur economic development Director of Inspection, Licenses and Permits be, and he hereby on Jefferson Avenue and throughout the surrounding area; and is authorized to grant a Restaurant Dancing Class I license to Whereas: Since this City is currently in the process Lewis Schwartz, d/b/a Southside Recreation Center, Inc., of selecting an entity to operate the public access system, it is located at 850 Elk Street. important for the City to simultaneously make a formal PASSED. determination that the Apollo Theater will be the site for public AYES-11. NOES-0 access once renovations are completed; in this way, both the City and the entity administering community television can be COMMUNITYDEVELOPMENT fully prepared for this eventuality; DALEZUCHLEWSKI,CHAIRMAN Now, therefore be it resolved: NO.113 That this Common Council formally designate the Apollo SOUTHELLICOTTPHASE11URBANRENEWALPLANTheater as the future site of the City of Buffalo's Public, AMENDMENT Educational and Governmental Access operations. (ITEMNO.1,C.C.P.NOVEMBER12,1997) PASSED That the above item be and the same is returned to the AYES - 11 NOES - 0 Common Council without recommendation. A public hearing has been set, before the Common Council, NO.117 at this regularly scheduled meeting, on the above item, and a By: Mr. Brown and Ms. Miller-Williams Notice of same has been published in the Buffalo News, a copy PROMOTINGGREATERRACIALHARMONY of which is attached hereto. INTHEFIREDEPARTMENT On a motion by Mrs. LoTempio, seconded by Mr. Coppola Whereas: Racial issues play a role in many facets of the item is properly before the Common Council, and the modem American society, and the City of Buffalo's workforce is hearing is opened. no exception; and CARRIED. Whereas: The Challengerrecently reported that Appearances- Lou Maulucci, Community Development Victor Mohammed, a Buffalo Firefighter for the past 13 years, Mrs. LoTempio now moved that the hearing be closed. has filed a racial discrimination lawsuit against the City of Seconded by Mrs. Williams. Buffalo, the Buffalo Fire Department, and three firefighters; and CARRIED. Whereas: Mr. Mohammed has alleged that he was Mrs. LoTempio moved repeatedly harassed and physically assaulted by co-workers WHEREAS, The City Clerk has published a Notice of because of his race; the article stated that two of the officers Hearing, and WHEREAS, the original South Ellicott Urban were acquitted, while another's case ended in a hung jury; a Renewal Plan, was approved June 13, 1972, C.C.P. No. 108 trial has been scheduled for January, with the firefighter and and has been amended to accommodate changing economic the City of Buffalo as defendants; and conditions, and Whereas: Although Mr. Mohammed complained WHEREAS, Phase 11 of the South Ellicott Urban Renewal about the lack of governmental response to his concerns, no Plan was approved June 27, 1989, C.C.P. 170, and formal communication was ever presented to the Common WHEREAS, this amendment will allow for a change in land Council regarding this issue; had he done so, this Council use on the southern portion of block 4 bordered by Spring St., certainly would have given this matter all due consideration; Myrtle St., and Hamburg St. from residential to and commercial/light industrial development, and Whereas: Although these allegations are currently in WHEREAS, this amendment also allows for the acquisition of litigation, this Council is interested in the ramifications of this land on Block 4, Parcels 16 - 19; Block 10, Parcel 10; and and other similar cases, such as claims of a pending class Block 15, Parcels I - 6, and WHEREAS, the City Planning action lawsuit being brought against the Fire Department by Board gave its unqualified approval to the plan amendment at African American firefighters, as well as the larger issue of its October 7, 1997 meeting and submitted their report as a race relations in the City workforce; and prerequisite to Common Council action. Whereas: In discussing this issue with the Fire NOW, THEREFORE, BE IT RESOLVED that the Common Commissioner, it is clear that he and the administration are Council of the City of Buffalo approve this amendment to the sincerely concerned and are committed to working with all South Ellicott Phase 11 Urban Renewal Plan. involved and concerned individuals in an effort to resolve these PASSED problems; and AYES - 11 NOES - 0 Whereas: While the Mohammed case will be resolved in a court of law, it is important to address the issues, NO.114 real or perceived, that are at the root of this situation and COMERSETTLEMENT-COMM.HSG.CTR.ADM.(CC) respond proactively in order to prevent them from creating a (ITEM442CCPOCTOBER28,1997) climate of discomfort and distrust within the Fire Department; That the above mentioned item be and the same is hereby and Whereas: With a reasoned, thoughtful approach we Whereas: It appears that the net effect of these exit can help resolve such problems before they develop into fees is to make on-site power generation and other alternatives fullblown crises that seriously hamper the department's ability to the purchase of power from NiMo completely uneconomical to carry out its very critical responsibilities; and thus discourage competition thereby eliminating any Now, therefore be it resolved: chance for customers to obtain power at lower rates; and That this Common Council acknowledges the efforts of the Whereas: The City of Buffalo has not been included Commissioner of Fire to foster racial harmony in his in any PowerChoice negotiations, even though Buffalo is the department, and requests that he file a written report on the largest city in the NiMo service area and represents state of race relations in the department, detailing existing approximately 20% of all NiMo customers. avenues to promote an atmosphere of cooperation and Now therefore be it resolved that understanding among employees as well as any new strategies The City Clerk send certified copies of this resolution to the or initiatives; and New York State Public Service Commission urging it to reject Be it further resolved: the PowerChoice Settlement; and That this Common Council requests that the Law Be it further resolved that Department set up an executive session to brief this Honorable This Common Council and the Administration formally reject Body about any legal proceedings regarding racial the draft PowerChoice settlement and insist that any further discrimination involving the Buffalo Fire Department; and negotiations with respect to restructuring NiMo and Be it further resolved: implementing retail access involve formal representation of the That this Council establish a panel of representatives from City of Buffalo; and the Law Department, Labor Relations, the Fire Department, the Be it finally resolved that Fire Union, Men of Color Helping All (MOCHA), the Human The Corporation Counsel investigate the legality of the Relations Commission, and Council Staff to address the PowerChoice settlement (including whether its approval by the concerns contained in this resolution; and New York PSC constitutes "State Action" under federal Be it finally resolved: antitrust law and/or denies Buffalo rights it has under the New That this panel issue a report that includes York State Constitution and applicable statutes), the proposed recommendations regarding additional strategies to promote PowerChoice program itself, and whether the anticompetitive harmony and prevent discrimination in the Buffalo Fire consequences of PowerChoice to competing suppliers and Department. power customers in Western New York State comports with ADOPTED deregulation initiatives intended to lower electric rates and applicable Federal and State antitrust laws. NO.118 Mr. Coppola moved to Adopt the above item. Seconded by By: Messrs. Coppola & Franczyk Mr. Franczyk. BUFFALOOPPOSITIONTONIAGARAMOHAWKPOWER Ms. Kavanaugh moved to amend to send to the Committee CORPORATION'S"POWERCHOICE"PROGRAM on Legislation, Seconded by Mrs. Lockwood. Whereas: Niagara Mohawk Power Corporation LOST ("NiMo") has entered into the PowerChoice Settlement with the AYES - BROWN, KAVANAUGH, LOCKWOOD - 3. NOES - Staff of the Public Service Commission and other parties with COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, the purpose of altering the provision of electric service in LOTEMPIO, PITTS, WILLIAMS - 8. NiMo's area. All customers would be required to continue Mr. Coppola now moved to adopt said item, Seconded by taking delivery service (transmission and distribution) from Mr. Franczyk. NiMo on a monopoly basis but would be permitted to choose an ADOPTED electricity generation supplier by December 1999. Low-income AYES - 11. NOES - 0. customer assistance programs would be expanded; and Whereas: Under the settlement, prices would be NO.119 reduced by about 3.2 percent for most residential and By: Mr. Franczyk commercial customers over five years. This reduction would CITYOFBUFFALO be even lower but for the recent gross receipts tax cut. LOCALLAWNO.(1997) However, over 40% of residential customers would see bill INTRODUCTORYNO.10(1997) increases. Prices would be reduced for selected industrial A LOCAL LAW amending Article Twenty-eight of the customers by an average of 25 percent. The settlement Charter of the City of Buffalo in relation to providing a historic includes a System Benefits Charge to fund energy efficiency property tax exemption. programs and research and development and a Competitive BE IT ENACTED BY THE COMMON COUNCIL OF THE Transition Charge to cover any stranded costs which NiMo CITY OF BUFFALO AS FOLLOWS: purportedly incurs; and Section 1. That Article Twenty-eight of the Charter of the Whereas: The settlement provides for NiMo to be City of Buffalo, adopted pursuant to law, is hereby amended to restructured into a holding company with unregulated read as follows: subsidiaries. NiMo's non-nuclear power plants would be (a) That a new section five hundred and forty-seven-b auctioned, and a detailed plan would be developed for the be added to read as follows: future of its nuclear assets; and Section 547-b. Historic Property Exemption. Whereas: Niagara Mohawk's PowerChoice A. (a) Historic property shall be exempt from taxation to settlement agreement appears to be expressly designed to the extent of any increase in value attributable to such alteration eliminate competition, and thus to eliminate any chance that or rehabilitation pursuant to the following schedule: residential and small commercial customers would obtain lower year of exemption percent of exemption rates; and 1 100 Whereas: Only a small group of users state-wide will 2 100 benefit from the plan while the remainder of NiMo's customers 3 100 will continue paying exorbitant rates and fees; and 4 100 Whereas: Under PowerChoice, NiMo would impose 5 100 exit fees on all new and existing customers with the intent of 6 80 recovering the amount by which its costs exceed market levels 7 60 and thereby seek to penalize any municipality presently seeking 8 40 to exercise its constitutional and statutory right to establish its 9 20 own power company. Under PowerChoice, NiMo seeks 10 0 effectively to preclude any alternative power supplier from (b) No such exemption shall be granted for such competing for NiMo's retail customers and to deny the benefits alterations or rehabilitation unless: of federal law to any customer seeking to install self-federating (i) Such property has been designated as a landmark, equipment on-site; and or is a property that contributes to the character of an historic Whereas: This Common Council supported the district, created by a local law passed pursuant to section creation of an advisory committee on municipal electric utility ninety-six-a or one hundred nineteen-dd of the general service and energy for the express purpose of studying the municipal law; possibility of creating our own municipal electric service; and (ii) Alterations or rehabilitation must be made for means Whereas: Power Choice threatens to halt these of historic preservation; municipalization efforts and doom the City of Buffalo to (iii) Such alterations or rehabilitation of historic property continue paying a $30 million plus electric bill each year, while meet guidelines and review standards in Chapter 337 of the removing any chance of Buffalo's creating its own municipal Code of the City of Buffalo; electric service for the next fifteen years or even reducing its (iv) Such alterations or rehabilitation of historic property costs through other alternatives; and are approved by the Buffalo Preservation Board prior to commencement of work; No person shall operate or maintain a business within the (v) Alterations or rehabilitation are commenced City without first having obtained a Certificate of Operation subsequent to the effective date of this section. authorizing the operation of said business by said operator at B. Such exemption shall be granted only by application the specific business location. The Certificate of Operation is of the owner or owners of such historic real property on a form non-transferable. A new Certificate of Operation must be prescribed by the state board. The application shall be filed obtained whenever there is a significant change in with the Commissioner of Assessment on or before the management or property ownership. The Certificate of appropriate taxable status date of the city. Operation shall run indefinitely unless such a change occurs. C. Such exemption shall be granted where the Section 131-4- Application. Commissioner of Assessment is satisfied that the applicant is An application for a Certificate of Operation shall be made to entitled to an exemption pursuant to this section. The the Office of Licenses on forms prescribed by the Commissioner of Assessment shall approve such application Commissioner of Community Development. The application and such property shall thereafter be exempt from taxation and shall request relevant information relating to the operator and special ad valorem levies as herein provided commencing with the business to be conducted at the premises, including the the assessment roll prepared on the basis of the taxable status existence of necessary licenses and permits for the business. date referred to in subdivision B of this section. The assessed Section 131-5. Inspections value of any exemption granted pursuant to this section shall be Upon receipt of an application for a Certificate of Operation, entered by the Commissioner of Assessment on the the Director of Inspections, Licenses and Permits shall review assessment roll with the taxable property, with the amount of the entire business location (including accessory and related the exemption shown in a separate column. locations) to ensure that the operation of the business at that D. Such exemption shall be applicable only to those location will be in compliance with all building and zoning laws. alterations or rehabilitation which would otherwise result in an A check shall be made to ensure that the applicant is not increase in the assessed valuation of the real property but serving a period of suspension or revocation of a previous which consist of a historic preservation to an existing building Certificate of Operation, or is not the subject of pending structure. charges brought pursuant to any applicable law of the City or E. This section shall take effect immediately and shall the State, and that the applicant has procured all necessary apply to assessment rolls completed on or after such effective licenses and permits for the business. The Commissioner of date. Community Development, the Commissioner of Police and the Section 2. This local law shall take effect immediately. Commissioner of Fire may cause an inspection of the premises APPROVED AS TO FORM to be made to determine whether the applicant is complying Michael B. Risman with the laws and ordinances which they are charged with Corporation Counsel enforcing. The Commissioner of Community Development, the REFERRED TO THE COMMITTEE ON FINANCE, Commissioner of Police and the Commissioner of Fire and BUFFALO PRESERVATION BOARD, COMMISSIONER OF members of their staff shall have the right to enter upon any COMMUNITY DEVELOPMENT, BUFFALO MUNICIPAL premises for which a Certificate of Operation is sought for the HOUSING AUTHORITY AND BUFFALO URBAN RENEWAL purpose of making such an inspection during normal business AGENCY. hours, and shall also have the authority to seek warrants where the same are constitutionally required. NO.120 Section 131-6. Issuance of Certificate By: Mr. Franczyk No Certificate of Operation shall be issued unless the ORDINANCEAMENDMENT applicant has fully complied with the provisions of this chapter CHAPTER131-CERTIFICATEOFOPERATION and has all necessary licenses and permits for the business. The Common Council of the City of Buffalo does hereby No Certificate of Operation shall be issued to an applicant ordain as follows: during the term of a suspension or revocation of a previous That a new Chapter 131 of the Code of the City of Buffalo be Certificate of Operation or while charges brought pursuant to added to read as follows: any applicable law of the City or the State are pending against Chapter 131 the applicant. No person shall maintain or operate a business Certificate of Operation for which a Certificate is required under this chapter more than Section 131-1. Purpose. ninety (90) days after the effective date of this chapter, unless The purpose of this chapter is to establish regulatory he or she has properly filed a Certificate application. Initial controls to ensure that certain businesses are operated in Certificates shall be issued or denied within one hundred fifty (I accordance with law, do not have a serious negative impact 50) days after the effective date of this chapter. Thereafter, upon surrounding residential neighborhoods, or do not Certificates shall be issued or denied within thirty endanger the health, safety or welfare of persons in the City of (30) days after an application is completed. Buffalo. Section 13 1-7. Operation of Businesses. Section 131-2. Definitions. A. The owner and operator of any business shall As used in this chapter, the following terms shall have the comply with all provisions of federal, state and local laws and meanings indicated: ordinances relating to the conduct of businesses and the BAR - A premises where alcoholic beverages are sold for occupation, use and maintenance of the premises. consumption on the premises; or a premises operated for profit B . The owner and operator of any business shall or pecuniary gain or as a place of assembly where alcoholic comply with all notices, orders, decisions and rules and beverages are provided by the operator of the premises, his or regulations made by the Commissioner of Police, her agents, servants or employees, or are brought onto said Commissioner of Fire, Commissioner of Community premises by persons assembling there, Development and the City Planning Board governing the BUSINESS - A bar, food store, drug store or restaurant as occupation and use of said premises. defined herein. C. The owner and operator of any business shall cause DRUG STORE - A premises where prescription drugs are the Certificate of Operation to be posted in a conspicuous sold at retail, together with dry goods, food or beverages. place visible to the public on the premises of the business. FOOD STORE - A premises with a total floor space less D. The owner and operator of any business shall not than twenty thousand (20,000) square feet in which fifty permit at any time a greater number of persons on the percent (50%) or more of its sales area is devoted to the sale of premises than the capacity approved by the City. food and beverage items to be consumed off the premises. E. The owner and operator of any business shall RESTAURANT - A premises where food is sold to be maintain good order on and about the premises at all times. consumed on the premises. This definition shall not include a The premises shall include the building in which the business premises where a non-alcoholic beverage or snack is available is located, as well as accessory structures and uses, including but is incidental to the conduct of the business at the premises. parking lots, and the land on which the building is located. The PUBLIC NUISANCE - For purposes of this chapter, a public owner and operator of any business shall also be responsible nuisance shall be deemed to exist whenever through violations to remove refuse and obstructions from the sidewalk in of any of the following provisions resulting from separate accordance with the City Code, and to operate the business so incidents at a building, erection or place, twelve ( 1 2) or more that neither the business nor its patrons become a source of points are accumulated within a period of six (6) months, or disruption to other building tenants or on the sidewalks, streets eighteen (I 8) or more points within a period of twelve (12) or other private property in the vicinity of the business. The lack months, in accordance with the following point system. Where of good order shall include, but not be limited to, the following: more than one (1) violation occurs during a single incident, the (1) Suffering or permitting the premises to become total points for the incident shall be the highest point value disorderly, including suffering or permitting fighting or assigned to any single violation. lewdness. Section 131-3. Certificate of Operation Required. (2) Gambling. (3) Prostitution. or business. Points assessed to a business shall remain with (4) Illegal possession, use, gift, sale, or offer for sale of the business despite any change in ownership or operation alcoholic beverages. until such time as the nuisance abatement penalty period has (5) Illegal possession, use, gift, sale or offer for sale of expired or the Commissioner of Community Development has cigarettes or tobacco products. modified the penalty period. (6) Food stamp or welfare fraud or criminal diversion of Section 131 -11. Abatement of Nuisances prescription medications and prescriptions. (1) In addition to the enforcement procedures (7) Litter. established elsewhere, the Commissioner of Community (8) Possession, use, gift, sale, or offer for sale of illegal Development, after notice and opportunity for a hearing with drugs or drug paraphrenalia. respect to a public nuisance, shall be authorized: (9) Noise Violations. (a) To order the closing of the building, erection or place (10) Possession of stolen property. to the ex-tent necessary to abate the nuisance; or (11) Operating beyond the legal hours of operation. (b) To suspend for a period not to exceed six (6) months (12) Illegal possession, use, gift, sale, or offer for sale of or revoke for a period of one (1) year a Certificate of Operation dangerous weapons. issued for such premises, and to prevent the operator from (13) Unlawfully dealing with a child or allowing or obtaining a new Certificate of Operation for another location for permitting sexual performances by a child. the period of suspension or revocation; or Section 131-9. Violations (c) To suspend for a period not to exceed six (6) months (1) The following violations shall be assigned to a point or revoke for a period of one (1) year any occupational license value of six (6) points: or permit issued by the City related to the conduct of a (a) Article 220 of the Penal Law - Controlled business or trade at the premises, which suspension or Substances Offenses. revocation shall also apply to any other locations operated by (b) Article 221 of the Penal Law - Offenses involving the holder for which the license or permit is required; or Marihuana. (d) Any combination of the above. (c) Article 225 of the Penal Law - Gambling Offenses. (2) Proceedings shall be commenced by service of the (d) Article 230 of the Penal Law - Prostitution Offenses. notice and opportunity for a hearing within sixty (60) days after (e) Sections 165.40, 165.45, 165.50, 165.52 and the occurrence of the most recent violation cited in the notice. 165.54 of the Penal Law --Criminal Possession of Stolen It is hereby certified, pursuant to Section 34 of the Charter, Property. that the immediate passage of the foregoing ordinance is (f) The Alcoholic Beverage Control Law. necessary. (g) Article 265 of the Penal Law - Firearms and other APPROVED AS TO FORM Dangerous Weapons. Michael B. Risman (h) Sections 260.20 and 260.21 of the Penal Law - Corporation Counsel Unlawfully Dealing with a Child. REFERRED TO THE COMMITTEE ON LEGISLATION (i) Article 263 of the Penal Law - ' Sexual Performance by a Child. NO.121 (j) Section 415-a of the Vehicle and Traffic Law - By: Mr. Franczyk: Vehicle Dismantlers. REFUNDINGBONDRESOLUTION (k) Section 175. 10 of the Penal Law - Falsifying $70,000,000BONDS Business Records. REFUNDINGOF1991,1992AND1994OUTSTANDING (l) Sections 170.65 and 170.70 of the Penal Law - SERIALBONDS Forgery of and Illegal possession of a Vehicle Identification Refunding Bond Resolution of the City of Buffalo, New York, Number. authorizing the refunding of all or a portion of various (m) Possession, use, sale, or offer for sale, of any outstanding serial bonds of said city, stating the plan of alcoholic beverage in violation of Article 18 of the Tax Law, or of rebinding, appropriating an amount not to exceed $70,000,000 any cigarette or tobacco products in violation of Article 20 of the therefor, authorizing the issuance of $70,000,000 Refunding Tax Law. Bonds of said city, or so much thereof as may be necessary, to (n) Article 158 of the Penal Law - Welfare Fraud. finance said appropriation, and making certain determinations (o) Article 178 of the Penal Law - Criminal Diversion of all relative thereto. Prescription Medications and Prescriptions. Recitals (p) Section 147 of the Social Services Law - Food Whereas, the City of Buffalo, New York stamp program fraud. (herein called "City"), has heretofore issued: on March 19, (2) The following violations shall be assigned a point 1991 its $26,385,000 General Improvement Serial Bonds- value of four (4) points: 1991-A (herein called the "1991-A Bonds"), now outstanding in (a) Chapter 341 of the Code - Property Maintenance. the principal amount of $15,955,000; its $2,400,000 School (b) Operating a business during hours which the Serial Bonds-1991-13 (herein called the "the 1991-B Bonds"), business is required to be closed. now outstanding in the principal amount of $1,400,000; and its (c) Allowing persons on the premises in excess of $2,900,000 General Improvement Water Supply Serial Bonds- occupancy limits. 1991-C (herein called the "1991-C Bonds"), now outstanding in (3) The following violations shall be assigned a point the principal amount of $2,135,000; on May 13, 1992 its value of three (3) points: $11,670,000 General Improvement Serial Bonds-1992-A (a) Section 216-9 of the Code - Littering. (herein called the "1992-A Bonds"), now outstanding in the (b) Chapter 293 of the Code - Noise. principal amount of $7,890,000; its $6,945,000 School Serial (c) Section 78-20 of the Code - Howling Dogs. Bonds-1992-B (herein called the "the 1992-B Bonds"), now (d) Suffering or permitting the premises to become outstanding in the principal amount of $4,770,000; and on disorderly, including suffering or permitting fighting or December 21, 1994 its $9,656,000 General Improvement lewdness. Serial Bonds-1994-D (herein called the "1994-D Bonds"), now outstanding in the principal amount of $8,695,000; its (4) For purposes of this section, a conviction for an $14,850,000 School Serial Bonds-1994-E (herein called the offense in a court of competent jurisdiction or an administrative "the 1994-E Bonds"), now outstanding in the principal amount bureau shall not be required. Instead, the City shall prove by a of $13,755,000; and its $10,000,000 General Improvement preponderance of the evidence that the violations have Serial Bonds-1994-F (herein called the " 1994-F Bonds"), now occurred. However, a conviction as defined and applied in outstanding in the principal amount of $9,840,000; and such accordance with the provisions of Section 1.20 of the Criminal bonds bearing interest at the rates and on the dates, and being Procedure law, in any court of competent jurisdiction, or a subject to prior redemption as set forth in each such respective conviction or plea of guilty in the Bureau of Administrative bond; and Adjudication shall constitute conclusive proof of a violation. Whereas, Section 90. 10 of the Local Conviction of an attempt to commit a violation of any of the Finance Law, constituting Chapter 33-a of the Consolidated specified provisions shall be considered a conviction for a Laws of the State of New York (herein called "Law"), permits violation of the specified provision. the City to refund all or a portion of the outstanding Section 13 1 -1 0. Penalty Points unredeemed maturities of such bonds by the issuance of new Points shall be assessed against the owner, operator and bonds, the issuance of which will result in present value debt business concurrently. The Commissioner of Community service savings for the City; Development shall have the discretion to modify or reduce the now, therefore, penalty assessed an owner, operator or business upon an The Common Council of the City of investigation which reveals that the interests of justice would be Buffalo, in the County of Erie, New York, hereby resolves (by best served by releasing the liability upon the owner, operator the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: each originally issued pursuant to various bond resolutions of Section 1. In this resolution, the following the City, adopted on their respective dates authorizing various definitions apply, unless a different meaning clearly appears capital improvements for the City. In accordance with the from the context: rebinding financial plan, the Refunding Bonds authorized in the a. "Bond To Be aggregate principal amount not to exceed $70,000,000 have Refunded" or "Bonds To Be Refunded" means all or a portion been allocated to the component issues of the Bonds To Be of the outstanding 1991-A Bonds, 1991-B Bonds, 1991-C Refunded, and shall mature in amounts and at dates to be Bonds, 1992-A Bonds, 1992-B Bonds, 1994-D Bonds, 1994-E determined. The Comptroller, the chief fiscal officer of the City, Bonds, and 1994-F Bonds of the City of Buffalo, New York. is hereby authorized to approve all details of the refunding b. "Escrow Contract" means the financial plan not contained herein. contract to be entered into by and between the City and the Section 4. The issuance of the Refunding Escrow Holder pursuant to Section 10 hereof. Bonds will not exceed the Refunding Bond Amount Limitation. C. "Escrow Holder" The maximum period of probable usefulness ("PPU") of each means the bank or trust company designated as such pursuant issue comprising the Bonds to be Refunded, commencing at to Section 10 hereof. the date of issuance of the first bond anticipation notes issued d. "Present Value in anticipation of the sale of said bonds, is set forth in the Savings" means the dollar savings which result from the following table: issuance of the Refunding Bonds computed by discounting the 1991-A&C Bonds principal and interest payments on both the Refunding Bonds Maximum and the Bonds To Be Refunded from the respective maturities Account Project Life thereof to the date of issue of the Refunding Bonds at a rate 200-401-084 Reconstruct Ohio Street Bridge (6/l/2009) 20 equal to the effective interest cost of the Refunding Bonds. 200-401-089 Improve Foot of Ontario Street 30 The effective interest cost of the Refunding Bonds shall be that 200-401-090 Acquire Truscon Building 20 rate which is arrived at by doubling the semi-annual interest 200-401-091 Partially Reconstruct South Park Avenue 15 rate (compounded semi-annually), necessary to discount the 201-401-092 Partially Reconstruct Jefferson Avenue 15 debt service payments on the Refunding Bonds from the 200-401-093 Partially Reconstruct South Park Avenue 15 maturity dates thereof to the date of issue of the Refunding 201-401-094 Partially Reconstruct Exchange Street 15 Bonds and to the bona fide initial public offering price including 200-401-095 Resurface Various City Streets 15 estimated accrued interest, or, if there is no public offering, to 201-401-097 Reconstruct Hopkins Street 15 the price bid including estimated accrued interest. 200-402-010 Partial.Reconst. Dudley Branch Library 15 e. "Redemption Date" 200-402-024 Reconstruct Old First Ward Comm. Ctr. 15 means March 1, 2001 for the 1991-A, 1991-B, and 1991C 200-402-032 Reconst.City-Owned 1532 Genesee St. 20 Bonds To Be Refunded, April 1, 2002 for the 1992-A and 200-402-035 Partially Reconst. W Bflo Comm. Ctr. 15 1992-B Bonds To Be Refunded, December 1, 2004 for the 200-402-044 Clean/Refurbish Ext. of City Monuments 10 1994-D and 1994-E Bonds To Be Refunded, and February 1, 200-402-051 Reconstr. Kensington & Niagara Br. Lib. 20 2000 for the 1994-F Bonds To Be Refunded. (March 19, 1996) f. "Refunding Bond" or 200-402-006 Acquire Land & Construct Univ. HghtsComm. "Refunding Bonds" means a portion or all of the $70,000,000 Center 30 bonds of the City of Buffalo, authorized pursuant to Section 2 200-717-063 Constr.Univ. Hghts. Comm. Ctr. 30 hereof. 200-601-031 Improve Various playgrounds 15 9. "Refunding Bond Amount 200-700-001 Acq. prop. at 380 Oak Street for Dog Pound 30 Limitation" means an amount of Refunding Bonds sufficient to 200-717-006 Reconstr. Martin L. King Wading pay the sum of the principal amount of Bonds To Be Refunded Pool (8/l/2001) 15 plus the aggregate amount of unmatured interest payable on 200-717-008 Impr.Satt. Site in Broadway-Fillmore Area 15 each Bonds To Be Refunded to and including the applicable 200-717-047 Constr.Walkway at Hyatt Hotel/Conv. Ctr. 5 Redemption Date, plus redemption premiums payable on such 200-717-047 Constr. Walkway at Hyatt Hotel/Conv. Cntr 5 Bonds To Be Refunded as of such applicable Redemption 200-717-053 Reconstr. Pkg. Areas-LaSalle St. Stat. 10 Date, as hereinabove referred to in the Recitals hereof, plus 200-717-052 Impr. Var. Playgrounds in S. Bflo. 15 costs 200-717-055 Improve Collins Playground 15 and expenses incidental to the issuance of the 200-717-056 Improve New Rec. Area on Roetzer St. 15 Refunding Bonds including the development of the refunding 200-717-057 Acq. 228 & 230 Playter St. & 241 Sears St. and financial plan, and of executing and performing the terms and Construct Parking Areas On Sites (March 19, 2006) conditions of the Escrow Contract and all fees and charges of 30 the Escrow Holder as referred to in Section 10 hereof. 200-717-058 Acquire Land at Hertel Avenue Site & Section 2. The Common Council of the Niagara/Amherst Streets Sites 30 City (herein called "Common Council"), hereby authorizes the 200-717-060 City's Tree Rehabilitation & Replacement rebinding of the $64,445,000 Bonds To Be Refunded of the Program 5 City, more particularly described and referred to in the Recitals 200-717-061Construct Mall at Fountain Plaza Dev. 15 hereof, and appropriates an amount not to exceed $70,000,000 (March 19, 1996) therefor to accomplish such refunding. The plan of financing 200-717-062 Constr/Reconstr. Var. Curbs & Sidewalks 10 said appropriation includes the issuance of not to exceed (March 19, 1996) $70,000,000 Refunding Bonds and the levy and collection of a 200-717-059 Construct Addition to Schiller Park Senior tax upon all the taxable real property within the City to pay the Citizens Center 15 principal of and interest on said Refunding Bonds as the same 200-717-094 Construct Recreational Area Improvements 15 shall become due and payable. Bonds of the City in the 200-717-094 Construct Recreational Area Improvements on maximum principal amount of $70,000,000 are hereby Site of War Memorial Stadium authorized to be issued pursuant to the provisions of the Law. 15 The proposed financial plan for the rebinding in the form 415-717-094 Construct Recreational Area Improvements on attached hereto as Exhibit A (the 'rebinding financial plan") Site of War Memorial Stadium prepared for the City by the office of the City Comptroller and 15 hereby accepted and approved, includes the deposit of all the 415-717-048 Partially Reconstruct Mem. Aud. 15 proceeds of said Refunding Bonds with an Escrow Holder 415-410-006 Construct Eagle Street Parking Garage Bldg. 30 pursuant to an Escrow Contract as authorized in Section 10 415-980-062 Reconstr. Water Mains on Del. Ave. 40 hereof, the payment of all costs incurred by the City in 415-980-064 Replace Water System Facilities 40 connection with said refunding from such proceeds, and the 415-980-068 Reconstruct Watermains in Appenheimer St. & investment of a portion of such proceeds by the Escrow Holder Chelsea Place in certain obligations, the principal of and interest, together with 40 the balance of such proceeds to be held uninvested, shall be 415-980-073 Reconstr. Watermains Along Jefferson Ave. 40 sufficient to pay (1) the principal of and interest on the Bonds 415-980-075 Replace Water System Facilities 40 To Be Refunded becoming due and payable on and prior to 415-980-076 Reconstr. Watermains Along Exchange St. 40 each applicable Redemption Date and (2) the principal of and 1991-B Bonds premium on the Bonds To Be Refunded to be called for Maximum redemption prior to maturity on each applicable Redemption Account Project Life Date. 200-970-059 Partially Reconstr. Seneca Vocational H.S. 20 Section 3. The $64,445,000 Bonds To Be 200-970-067 Partially Reconstr. Var. School Buildings 20 Refunded referred to in Section 1 hereof are the aggregate 200-970-068 Handicap Acc. Program for City Sch. Bldgs. uninatured outstanding balances of three issues of bonds, 5 1992-A Bonds 197-92 Plans for a New Student Academy 5 Res. No. Project Max.Life 249-94 Construction of a Early Childhood Center 20 187-89 Police Computer Dispatch System 5 1994-F Bonds 156-91 Reconstruct Jefferson Avenue 15 Res. No. Project Max 241-92 Reconstruct Stevenson Street Bridge 20 Life 245-92 Reconstruct Louisiana Street Viaduct 20 210-93 Crossroads Arena Project 40 240-92 Reconstruct Southside Pkwy Bridge 20 Section 5. The aggregate amount of 244-92 Reconst. Ohio St. Lift Bridge Phase 3 20 estimated Present Value Savings as set forth in the proposed (maximum term 6/1/2009) refunding financial plan attached hereto as Exhibit A, computed 246-92 Reconstruct Erie Basin Marina 20 in accordance with subdivision two of paragraph b of Section 180-91 Historic Lighting Various Parks 15 90. 10 of the Law, is $2,036,886.53. 173-91 Ellicott District Lighting 5 Section 6. (a) Said $70,000,000 228-91 Constr. Old First Ward Community Ctr 15 Refunding Bonds shall be sold at private sale, and the 178-91 Reconstruct Fire Headquarters 15 Comptroller, the chief fiscal officer of the City, is hereby 177-91 Entrance Buffalo Zoo 15 authorized to execute a purchase contract on behalf of the City 217-91 Reconstruct Science Museum 15 for the sale of said Refunding Bonds, provided that the terms 220-91 Improvements Tenth Street Playground 7.5 and conditions of such sale shall be approved by the State 170-91 Improvements School #19 Playground 7.5 Comptroller, and further providing that prior to the issuance of 224-91 Improvements Lovejoy Parks 15 the Refunding Bonds the Comptroller shall have filed with the 221-91 Tree Planting Program 5 Common Council a certificate approved by the State 231-91 Improvements Ontario St. Boat Launch 15 Comptroller setting forth the Present Value Savings to the City 213-91 Walden Park Housing Infrastructure 15 resulting from the issuance of the Refunding Bonds; (b) in 250-91 Acquis & Recon Bldg. Gen. Comm.Center 15 connection with such sale, the City hereby authorizes the 248-91 Fountain Plaza Row Improvements 15 preparation of an Official Statement and approves its use in 163-91 Acquis & Dev Hertel Ave. Park 30 connection with such sale, and, further, consents to the 226-91 Construction University Heights Comm. Ctr 30 distribution of a Preliminary Official Statement prior to the date 232-91 Lovejoy District Public Facility 15 said Official Statement is executed and available for 179-91 Rehab 1170 Broadway Info. Center 20 distribution; (c) the Comptroller is hereby further authorized and 222-91 Improvements to Polonia Hall 15 directed to take any and all actions necessary to accomplish 221-91 Improvements to Willert Park 15 said refunding, and to execute any contracts and agreements 176-91 Squaw Island Remediation 5 for the purchase of and payment for services rendered or to be 1992-B Bonds rendered the City in connection with said rebinding including Res. No. Project Max Life the preparation of the refunding financial plan referred to in 219-91 Replace roof School #65 20 Section 2. 244-90 Construct Cafeteria School #3 20 Section 7. Each of the Refunding Bonds 227-91 Construct Cafeteria School #3 20 authorized by this resolution shall contain the recital of validity 203-89 Construct Cafeteria School #3 20 prescribed by Section 52.00 of the Law and said Refunding 241-90 Reconstruct Kensington H.S. 20 Bonds shall be general obligations of the City payable as to 242-90 Reconstruct Various Schools 20 both principal and interest by a general tax upon all the taxable 243-90 Window Replacement Grover Cleve. HS 20 real property within the City without limitation as to rate or 223-91 Window Replacement Grover Cleve. HS 15 amount. The faith and credit of the City are hereby irrevocably 245-90 Construct Cafeteria School #33 20 pledged to the punctual payment of the principal of and interest 243-92 Construct Cafeteria School #33 20 on said Refunding Bonds and provision shall be made annually 246-90 Construct Cafeteria School #74 20 in the budget of the City for (a) the amortization and redemption 174-91 Construct Cafeteria School #74 20 of the Refunding Bonds to mature in such year and (b) the 242-92 Construct Cafeteria School #74 20 payment of interest to be due and payable in such year. 180-91 Handicapped Access Program 5 Section 8. Subject to the provisions of this 225-91 Window Replacement School #71 15 resolution and of the Law, and pursuant to the provisions of 222-91 Window Replacement School #3 20 Sections 50.00 and 90.10 of the Law, the powers and duties of 229-91 Window Replacement School #81 20 the Common Council relative to prescribing the terms, form and 224-91 Window Replacement School #70 20 contents and as to the sale and issuance of the Refunding 230-91 Replace Boilers Riverside HS 10 Bonds, and to executing any arbitrage certification relative 218-91 Replace Roof School #12 20 thereto, as well as to executing the Escrow Contract described 239-92 Fulton Academy Roof 20 in Section 10 and the Official Statement referred to in Section 235-92 Reconstruct Cafeteria Roof Sch.#53 20 6, are hereby delegated to the Comptroller, the chief fiscal 236-92 Reconstruct Roof Jos.F. Jones Ser. Center 15 officer of the City. 238-92 Telephone System School #72 10 Section 9. The validity of the Refunding 237-92 Telephone System School #12 10 Bonds authorized by this resolution may be contested only if: 1994-D Bonds (a) such obligations are Res. No. Project Max Life authorized for an object or purpose for which the City is not 184-94 Reconstruct Various Curbs, Sidewalks 20 authorized to expend money, or 164-92 Reconstruct Exterior of City Hall 15 (b) the provisions of law 152-94 Construction of Police Precinct Comm. Center 20 which should be complied with at the date of the publication of 134-94 Acq. of Land & Improvements - Fire Station 30 such resolution, are not substantially complied with, 135-94 Construction of New Fire Station 15 and an action, suit or proceeding contesting such validity, is 190-94 Reconstruction of Carnevale Community Center15 commenced within twenty days after the date of such 242-88 Recons. of 735 Humboldt (CAO Headqrts.) 15 publication, or 189-93 Reconstruction of Animal Shelter 15 (c) such obligations are 182-92 Improvements to Ellicott District 15 authorized in violation of the provisions of the constitution. 184-84 Reconstruction of Allendale Theatre 15 Section 10. Prior to the issuance of the 148-93 Kingsley Park Remediation 15 Refunding Bonds, the City shall contract with Fleet Bank, 172-94 Restoration of Monuments 10 Buffalo, New York, a bank or trust company located and 165-94 Redevelopment of Broadway/Fillmore Avenue 10 authorized to do business in this state, for the purpose of 187-94 City Wide Playground Improvements 15 having such bank or trust company act as the Escrow Holder 188-94 Massachusetts Playground Project 15 of the proceeds, inclusive of any premium from the sale of the 147-93 Improvements to various Dawson Playgrounds 15 Refunding Bonds, together with all income derived from the 185-94 Impr. to Gleasner Various Playgrounds 15 investment of such proceeds. The Escrow Contract shall 186-94 Improvements to Willert Park 15 contain such terms and conditions as shall be necessary in 1994-E Bonds order to accomplish the refunding financial plan, including Maximum provisions for the Escrow Holder without further authorization Res. No. Project Max. Life or direction from the City, except as otherwise provided therein, 211-93 Reconstruction of Schools 36, 38 & 86 20 (a) to make all required payments of principal, interest and 136-94 Acquisition of Waterfront School from UDC 30 redemption premiums to the appropriate paying agent with 202-90 Planning of a New Elementary School 5 respect to the Bonds To Be Refunded, (b) to pay costs and 198-92 Handicapped Access Improvements at Various expenses incidental to the issuance of the Refunding Bonds, School Buildings including the development of the refunding financial plan, and 5 of executing and performing the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow of tile Mayor and tile Comptroller submitted to tile Common Holder, (c) at the appropriate time or times to cause to be given Council, the appropriation in the budget for the current fiscal on behalf of the City the notices of redemption authorized to be year for Appropriation Allotments - Mayor and Executive given pursuant to Section 13 hereof, and (d) to invest the Department be and the same hereby is increased in the sum of moneys held by it consistent with the provisions of the $40,818.60. refunding financial plan. The Escrow Contract shall be That, the comptroller be and hereby is authorized and directed irrevocable and shall constitute a covenant with the holders of to increase the revenue estimate of account: the Refunding Bonds. 100 - 810 403 - 85590 Misc. State Revenue $40,818.60 - Section 11. The proceeds, inclusive of To meet the increased appropriation as set forth below any premium, from the sale of the Refunding Bonds, 100 General Fund immediately upon receipt, shall be placed in escrow by the City 030 - Mayor and Executive Department with the Escrow Holder in accordance with the Escrow 00I - Executive Function Contract. All moneys held by the Escrow Holder shall be 580 - Non-Professional Personal Services $40,818.60 invested only in direct obligations of the United States of LAID ON THE TABLE America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of NO.123 America, which obligations shall mature or be subject to By: Mr. Franczyk redemption at the option of the holder thereof not later than the INCREASEDAPPROPRIATION respective dates when such moneys will be required to make APPROPRIATIONALLOTMENTS-BOARDOF payments in accordance with the refunding financial plan. Any EDUCATION such moneys remaining in the custody of the Escrow Holder That, Pursuant to Section 41 of the Charter and the Certificate after the full execution of the Escrow Contract shall be returned of the Mayor and the Comptroller submitted to the Common to the City and shall be applied by the City only to the payment Council, the appropriation in the budget for the current fiscal of the principal of or interest on the Refunding Bonds then year for Appropriation Allotments - Board of Education be and outstanding. the same hereby is increased in the sum of $2,000,000. Section 12. That portion of such FROM: proceeds from the sale of the Refunding Bonds, together with That, the comptroller be and hereby is authorized and directed interest earned thereon, which shall be required for the to increase the revenue estimate of account: payment of the principal of and interest on the Bonds To Be 100 - General Fund Refunded, including any redemption premiums, in accordance 8I0 - General City Revenue with the refunding financial plan, shall be irrevocably committed 403 - State Aid and pledged to such purpose and the holders of the Bonds To 85520 - State Revenue Sharing $1,000,000 Be Refunded shall have a lien upon such moneys and the and that the comptroller be and hereby is authorized and investments thereof held by the Escrow Holder. The pledge directed to transfer the sum of S1,000,000 from the and lien provided for herein shall become valid and binding Unreserved Fund Balance 100-890-060 to meet this increased upon the issuance of the Refunding Bonds and the moneys appropriation as set forth below- and investments held by the Escrow Holder shall immediately 100-990-060 - Gen. Fund - Unres. Fund Balance $1,000,000 be subject thereto without any further act. Such pledge and TO: lien shall be valid and binding against all parties having claims 100 General Fund of any kind in tort, contract or otherwise against the City 97-0 - Board of Education irrespective of whether such parties have notice thereof. Operation and Maintenance $2,000,000 Neither this resolution, the Escrow Contract, nor any other REFERRED TO THE COMMITTEE ON FINANCE, BOARD instrument relating to such pledge and lien, need be filed or OF EDUCATION, AND COMMISSIONER OF recorded. ADMINISTRATION AND FINANCE. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90. NO.124 10 of the Law, the Common Council hereby elects to call in and By: Mr. Franczyk redeem all the Bonds To Be Refunded which are subject to APPROPRIATIONINCREASED prior redemption according to their terms on each applicable WATERBOARDREVENUE Redemption Date. The sum to be paid therefor on each ENTERPRISEFUND-WATER applicable Redemption Date shall be the par value thereof, the That, Pursuant to Section 41 of the Charter and the Certificate accrued interest to each applicable Redemption Date and the of the Mayor and the Comptroller submitted to the Common redemption premiums. Council, the appropriation in the budget for the Current fiscal The Escrow Holder is hereby authorized and directed to cause year for Appropriation Allotments - Enterprise Fund - Water, be notices of such calls for redemption to be given in the name of and the same hereby is increased by the sum of $5,266,435. the City, by publishing the notices of call for redemption at least That, the comptroller be and hereby Is authorized and directed three times in a financial newspaper published and circulated in to increase the revenue estimate of account: the City of New York and in the official newspaper or Revenue: newspapers of the City, or, if there be no official newspaper, Water Board: then in any newspaper having general circulation therein, the 410-98-0-402-96418 Transfer from Water Board $5,266,435 first publication to be at least thirty and not more than sixty days To meet the increased appropriations as set forth below: prior to each applicable Redemption Date, or, in the case of the 4 1 0 - Enterprise Fund - Water registered bonds, by mailing such notice to the registered 98 - Department of Water holder at least thirty and not more than sixty days prior to such 0 - General Office applicable Redemption Date. Upon the issuance of the - Distribution Systems 015 Refunding Bonds, the election to call in and redeem the. Bonds 221 - Electric Light & Power $3,670,400 To Be Refunded subject to prior redemption and the direction 223 - Gas $286,300 to the Escrow Holder to cause notices thereof to be given as 224 - Telephone & Telegraph $39,700 provided in this Section shall become irrevocable and the 423 - Chemicals $949,000 provisions of this Section shall constitute a covenant with the 461 - Road & Highway Material $175,000 holders, from time to time, of the Refunding Bonds, provided 541 - Postage $120,000 that this Section may be amended from time to time as may be 550 - Rental Equipment & Buildings $4,410 necessary to comply with the publication requirements of 573)- Engineering & Technical Serv. $2,750 paragraph a of Section 53.00 of the Law, as the same may be 583) - Unclassified $18,875 amended from time to time. REFERRED TO THE COMMITTEE ON FINANCE AND Section 14. This resolution shall take COMMISSIONER OF ADMINISTRATION AND FINANCE. effect immediately subject to approval by the Mayor in accordance with Section 38 of the Charter of the City of NO.125 Buffalo. By: Mr. Franczyk Introduced: November 25, 1997 CAPITALBUDGETAMENDMENT LAID ON THE TABLE ADDITIONTOBUDGETFORCAPITALIMPROVEMENTS 1997-98 NO.122 That pursuant to section 359 of the Charter and the Certificate By: Mr. Franczyk of the Mayor and the Comptroller submitted to the Common INCREASEDAPPROPRIATION Council, the Budget for Capital Improvements for the fiscal year MAYORANDEXECUTIVEDEPARTMENT 1997-98 be and the same is hereby amended by adding the That, Pursuant to Section 4 1 of the Charter and the Certificate following item under the heading: 200 - 402 - 535 Bond Account Shea's Theater Stage PREVENTION Expansion $3,400,000 The Common Council of the City of Buffalo does hereby LAID ON THE TABLE. ordain as follows: That Chapter 103 of the Code of the City of Buffalo NO.126 be amended to add a new Article VII that shall read as follows: By: Ms. Gray ARTICLE VII SETMEETINGTODISCUSSPOTENTIALIMPACTSOFCommunication Towers and Antennas RAILEXPANSION Section 103-58 Legislative Intent. Whereas: The Niagara Frontier Transportation Committee The intent of this Article is to establish guidelines for (NFTC), as the Metropolitan Planning Organization (MPO) for the location of communication towers and antennas to: protect Erie and Niagara Counties, is responsible for developing a residential areas and land uses by minimizing potential adverse long-range transportation plan for the region; and impacts of communication towers and antennas; encourage the Whereas: One component of this plan is enhancement of location of communication towers and antennas in non- public transit services; and residential areas; minimize the total number of communication Whereas: The issue of public transit is of paramount towers throughout the City of Buffalo by encouraging co- importance to many Western New Yorkers who use public location on any new or existing communication towers; transportation to get to work, school, medical appointments, encourage the location of communication towers and antennas and other important destinations; and in areas where any adverse impact on the community is Whereas: This issue has an especially significant impact on minimal; encourage the construction and use of communication the residents of the City of Buffalo who use public towers and antennas in a way that minimizes the adverse visual transportation to travel to jobs both within and beyond the limits impact of the communication towers and antennas through of the City of Buffalo; and careful design, siting, and landscape screening; enhance the Whereas: This Honorable Body must work with the NFTC and ability of the providers of telecommunications services to others involved in developing this long-range plan to ensure provide such services to the community in a quick, effective that the needs of City residents are met with regard to public and efficient manner; protect the public health and safety by transportation; and ensuring that communication towers and antennas are Whereas: It would seem that rail expansion is a crucial constructed and located in a safe manner. component of meeting the long-range transportation needs of Section 103-59 Definitions the residents of the City of Buffalo; and The definitions applicable to this Article are Whereas: Rail expansion offers tremendous benefits both in contained in Article XXVII of Buffalo Code Chapter 511 in terms of transporting Buffalo residents to various places of addition to the general definitions applicable to the Code of the employment and providing economic benefits for the City as a City of Buffalo. whole; and Section 103-60 Permit required for Communication Towers Whereas: The Common Council is pleased to involve Lewis and Antennas Application. Harriman, a concerned and involved resident of the City of A. General. Buffalo, in this discussion; All newly constructed, relocated, rebuilt or extended Now, Therefore, Be It Resolved: communication towers and antennas shall comply with the That the Buffalo Common Council host a meeting in Room provisions of this Article. No person shall construct, maintain 1417 City Hall on Thursday, December 4, 1997 at 10:00 a.m. or operate a communication tower or antenna without to discuss the potential impact of rail expansion on both complying with the provisions of this Article. employment opportunities for City residents and Buffalo's B. Application for a Building Permit for Communication economy; and Towers and Antennas. Be It Further Resolved: All persons seeking to construct, locate, rebuild, relocate or That copies of this resolution be for-warded to Mr. Lewis extend a communication Harriman and Donald Smith, Doug Struckle, and Rachel tower and antenna in the City of Buffalo shall make written Beadle of the Niagara Frontier Transportation Committee. application to the Commissioner of the Department of ADOPTED Community Development for a building permit. The application shall include the following information and items: NO.127 1) An inventory of its existing communication By: Ms. Kavanaugh and Mr. Brown towers and antennas and sites approved for communication DETERMINEWHETHERDEBTSAREOWEDBEFOREtowers and antennas that are within the jurisdiction of the City CONFIRMINGAPPOINTMENTS of Buffalo and within one mile of the border thereof including Whereas: Various boards, committees, agencies, and detailed information about the location, height and design of commissions operate under the auspices of the City of Buffalo; each communication tower and antenna. and 2) A detailed site plan for the proposed Whereas: These bodies, which deal with various issues, communication tower or antenna showing, at a minimum, the including parking, licensing, ethics, and so on, are comprised exact location of the proposed communication tower or antenna of both paid and unpaid appointed positions; and together with guy wires and anchors if applicable; the maximum Whereas: Although potential appointees are often required to height of the proposed communication tower; a description of submit to a confirmation process, the process does not include the communication tower type, such as, monopole, lattice, a means to determine if the potential appointee has any guyed, or other type- the color of the communication tower and outstanding debts, such as tax, water, or sewer arrears, antenna; the location, type and intensity of any proposed parking violations, or any other monies owed to the City of lighting on the communication tower or antenna; a property Buffalo for any reason; survey identifying the property boundaries of the proposed Whereas: If such debts exist, they may cause conflicts which location; the location of all structures on the property and all would interfere with the potential appointee's ability to serve in structures on any adjacent property within one hundred (100) an impartial capacity; feet of the property lines together with the distance of these Now, Therefore, Be It Resolved: structures to the communication tower or antenna; the names That this Honorable Body requests that the Corporation of adjacent landowners; the location, nature and extent of Counsel, in cooperation with the Departments of Audit and proposed fencing, landscaping and screening; the location and Control and Administration and Finance determine whether any nature of proposed utility easements and access roads if person who has been nominated for any City of Buffalo board, applicable; and building elevations of accessory structures or committee, agency, or other body, owes any debts to the City; immediately adjacent buildings. If the applicant does not own and the property at the proposed location, the applicant shall Be It Further Resolved: provide the name and address of the owner and proof of the That confirmation of a potential appointee to any City of Buffalo owner's consent which shall be evidenced by the owner's board, agency, commission, or other body be delayed until any signature on the application or by a separate written instrument debts owed to the City of Buffalo are satisfied. setting forth the owner's consent and authorizing the REFERRED TO THE COMMITTEE ON LEGISLATION, application. In the event that the ownership of the property CORPORATION COUNSEL, COMPTROLLER, changes after the filing of the application, the applicant shall COMMISSIONER OF ADMINISTRATION AND FINANCE notify the Commissioner of the Department of Community AND BOARD OF ETHICS. Development of this change and identify the name and address of the new owner. NO.128 3) A description of the backhaul network BY:MS.LOCKWOOD identifying the entity providing service to the telecommunication ORDINANCEAMENDMENTCHAPTER103 tower and antenna and describing the location of the lines BUILDINGCONSTRUCTIONANDDEMOLITION;FIREproviding such service. Such description shall include information sufficient for the Commissioner of the Department Article and the Commissioner may include such of Community Development to determine whether any portion recommendations as conditions to any permit issued under this of the backhaul network is within City right-of-way and Article. The Commissioner may also refer the application to describing where the lines providing service to the other appropriate agencies, including but not limited to, the telecommunication tower or antenna cross City right-of-way. Department of Public Works and the Zoning Board of Appeals. 4) Sufficient proof that the applicant is a Section 103-62 General Standards for Communication licensed FCC telecommunications provider or has in place Towers and Antennas. agreements with an FCC licensed telecommunications provider A) All communication towers and antennas shall be for use or lease of the communication tower or antenna. constructed in accordance with all applicable laws, rules and 5) A statement by the applicant certifying regulations and maintained in good order and repair. that the communication tower and/or antenna and any B) All communication towers and antennas must equipment used therewith will be operated in accordance with comply with the provisions of Buffalo Code Chapter 511 Article the requirements of the license issued by the FCC and will XXIX. comply with any and all applicable regulations promulgated by C) The applicant must comply with all applicable State the FCC. Such statement shall be accompanied by any and Federal regulations including but not limited to FAA and information submitted to the FCC or other agencies relating to FCC regulations. Any permit or authorization granted the environmental evaluation of electromagnetic radiation hereunder shall be conditioned on the applicant's operation of and/or radiofrequency emissions and exposure from the the facility in accordance with all provisions of its FCC license applicant's facilities. The Commissioner of the Department of and all applicable FCC rules and regulations. Community Development may require the applicant to submit a D) During the application process and every three years safety analysis of the applicant's facilities and the environment after construction or placement of a communication tower or surrounding the proposed communication tower or antenna antenna the applicant/owner shall provide a certification from a prepared by a qualified individual, or other appropriate qualified Professional Engineer registered in the State of New information, to ensure that such emissions and exposure do York certifying that the communication tower or antenna meets not exceed applicable Federal standards. applicable structural safety standards. 6) A completed Environment Assessment E) The applicant shall agree to remove the Form. communication tower or antenna if it becomes technically 7) The appropriate fee as established by the obsolete or ceases to be used for its intended purpose for six Common Council. (See, Buffalo Code Chapter 175, fees). (6) consecutive months. The Commissioner of the Department 8) Evidence to demonstrate that the of Community Development shall require the applicant to proposed location of the communication tower or antenna is provide a demolition bond, in a form approved by the Law necessary to provide telecommunication services. Such Department, in an amount of at least the cost of removing the evidence shall include a search ring which depicts a map tower or antenna. The cost of the removal shall be certified by demonstrating the area within which the communication tower a New York State licensed professional engineer. In no event or antenna needs to be located in order to provide proper signal shall the amount of the bond be less than the cost of removal in strength and coverage. Such evidence shall also include the event that the applicant fails to remove the communication propagation studies demonstrating existing signal coverage tower or antenna. The sufficiency of the bond shall be contrasted with the proposed signal coverage resulting from the confirmed at least every five (5) years by an analysis conducted proposed communication tower or antenna. The by a New York State licensed professional engineer. If the Commissioner of the Department of Community Development bond amount in force is insufficient to cover the cost of may require that applicant submit a search ring and demolition and removal, it shall be immediately increased to propagation study prepared and approved by a qualified Radio cover such amount. Frequency Engineer, Professional Engineer or other qualified F) Prior to obtaining a building permit under this Article, individual. the applicant shall certify that all franchises and licenses 9) In the event that the applicant is seeking required by any governmental entity including the City of approval for an antenna to be mounted or attached on an Buffalo have been obtained and shall file a copy of all required existing communication tower, building or structure, the franchises and licenses with the Commissioner of the applicant shall provide a structural analysis verifying the ability Department of Community Development. of the communication tower, building or structure to handle the G) Upon request of the Commissioner or his designee, antenna. but not more frequently that once a year, any person issued a 10) Evidence to demonstrate that the height permit under this Article shall submit an updated safety requested for the proposed communication tower or antenna is analysis to ensure that the electromagnetic radiation exposure the minimum height necessary. and emissions surrounding the site do not exceed applicable 11) Evidence to demonstrate the applicant's reasons for Federal standards and continue to meet such standards. Such selecting the proposed location and the availability or lack of analysis shall be prepared by a qualified electromagnetic availability of a suitable structure within the applicant's search engineering specialist or health professional qualified to ring of the City which would have allowed for a co-located conduct such an analysis. antenna or mounting on an existing structure. The applicant Section 103-63 Decision on Application by the Commissioner shall provide information showing that it has made a good faith A) The Commissioner shall respond to an application and diligent effort to co-locate on existing towers or other filed under this Article within ninety (90) days after receiving it available and appropriate structures and/or to construct new by either approving the application and granting a building communication towers and antennas near existing permit or denying the application. The ninety (90) day period communication towers and antennas in an effort to consolidate may be extended by the Commissioner upon good cause. by, among other things, submitting correspondence which has B) The Commissioner shall base his decision on the been presented by the applicant to other telecommunication following criteria. providers requesting co-location. 1) That the applicant has complied with the 12) In the event that the proposed location is requirements of this Article. in a historic district designated under Buffalo Code 337, that 2) That a review under the State applicant shall submit proof that a certificate of appropriateness Environmental Quality Review Act has been conducted. has been obtained. 3) That the proposed location meets the 13) The applicant must submit a copy of its zoning requirements contained in Buffalo Code Chapter 51 1 policy regarding co-location on any proposed communication Article XXIX tower or antenna with other potential future applicants. Such 4) That all necessary referrals and approvals policy should at a minimum allow co-location in the event that have been performed and obtained. the new communication tower or antenna does not exceed C. Denial of Application structural loading requirements and that the party desiring to Any denial of an application by the Commissioner shall be co-locate has a similar policy for co-location for the applicant. made in writing and contained 14) Any other information as may be in a written record specifying the reasons for the denial. reasonably requested by the Commissioner of the Department Section 103-64 City owned locations. of Community Development. In addition to complying with the requirements of this Section 103-61 Referral to the City Planning Board or other Article, any applicant desiring to construct, operate or maintain appropriate City Agencies. a communication tower and antenna on a City owned location The Commissioner of the Department of Community shall enter into a lease for the property subject to terms and Development shall refer the application to the City Planning conditions as may be negotiated. board. The City Planning Board is hereby authorized to make Section 103-65 - Severability. recommendations to the Commissioner of the Department of If any clause, sentence, paragraph or part of this Community Development to fulfill the intent and purpose of this local law or application thereof to any person or circumstance shall be adjudged by any court to be invalid, such judgment Greenway System is seen as a recreational amenity, a means shall not affect, impair or invalidate the remainder thereof or the of public access to the waterfront, a way to unify the waterfront application thereof to other persons and circumstances but and maintain a human scale in its redevelopment, and as the shall be confined in its operation to the clause, sentence, foundation of a popular, environmentally benign waterfront paragraph or part thereof and the persons and circumstances transportation system. directly involved in the controversy in which such judgment Sec. 493-2 Greenway Elements. shall have been rendered. The Greenway System consists of three classes of pathways It is hereby certified, pursuant to Section 34 of the designed to complement each other and accommodate Charter, that the immediate passage of the foregoing ordinance different types of waterfront travel: is necessary. A. On-Road Lanes - The Greenway will include lanes APPROVED AS TO FORM on roadways that parallel the waterfront for cyclists and others Michael B. Risman interested in getting quickly from one destination to another. Acting Corporation Counsel Examples include the stripes lanes on the Tifft Street Bridge, PASSED. on McKinley Parkway, on South Park near the Marine Midland AYES-11. NOES-0. Arena, and on Richmond Avenue, which is part of Frederick Law Olmsted's parkway route from Delaware Park to the Front NO.129 Park overlooking the junction of Lake Efie and the Niagara DRAFT River. By: Mrs. Lockwood and Ms. Kavanaugh B. The Greenway Trail - This element will be a paved, RE:ORDINANCEAMENDMENT off-road facility suitable for recreational cycling, jogging, CHAPTER493-WATERFRONTGREENWAYSYSTEM strolling and, after fresh snow falls, cross country skiing. The The Common Council of the City of Buffalo does hereby ordain Trail will stay close to the water's edge throughout most of the as follows: waterfront and will be connected at myriad locations with the That the Code of the City of Buffalo be amended to add a new On-Road bike lane system.. Periodic rest areas with benches Chapter 493 to read as follows: and shade trees will be installed. Historic markers will note the Sec. 493-1 Legislative Intent. many spots of interest involving Native American history, A. The establishment of the Waterfront Greenway industrial history, and natural features. System (the "Greenway") is central to the Common Council's C. The Soft Pathway - The soft pathway will include vision for the redevelopment of Buffalo's waterfront. The sections of the Greenway running through environmentally Greenway is both a pathway and the embodiment of a principle. sensitive areas where paving is undesirable. Unpaved The principle is that the waterfront belongs to the people and footpaths into natural areas on the Buffalo River and that generous, green, easily accessible space at the water's boardwalks over wetlands as proposed for Times Beach are edge is a necessary part of any waterfront development. The good examples of the soft pathway. pathway will connect and run through activity centers Sec. 493-3 Benefits. throughout the waterfront. It will provide pedestrians, bicyclists, A. The Buffalo Greenway System is a key building joggers, skaters, strollers, skiers and others with a sense of block in the economic, recreational and ecological future of the ownership and familiarity as they approach and traverse the city. It represents the fight way to start a waterfront rebuilding waterfront. In addition, the Greenway System will connect the that emphasizes public access in the midst of a myriad of bulk of the city's parks with the waterfront, and by extension, uses. The System will provide the following specific benefits to with each other. The purpose of this ordinance amendment is the citizens of Western New York: to protect and improve the aesthetic and natural resources of 1. Increased public access to the waterfront; the Greenway Review District and to provide a framework for 2. Reduced traffic congestion by allowing and encouraging the development of the pathways of the Waterfront Greenway safe bicycle and pedestrian travel between Buffalo's System. neighborhoods and the waterfront and between different The Waterfront Greenway System is part of a larger waterfront attractions; vision of Buffalo Greenways that includes parkways connecting 3. Increased recreational opportunities and green space for the Buffalo's neighborhoods, parks and the waterfront. It is region's residents, for anticipated that this ordinance is an initial step in the whom the Greenway will be a symbol of their inclusion in establishment of that system and that this ordinance may be waterfront life; amended as the city-wide greenway plan evolves. 4. Increased economic development by increasing traffic, and B. The Greenway includes the following elements that therefore the commercial potential of the waterfront. The are in place or in the planning phase as of July 1997: Greenway is a low-tech, relatively inexpensive way to expand I. The Riverwalk; the use and profitability of the Buffalo waterfront; 5. ii. The Scajaquada Pathway; Unprecedented linkage of local attractions on the waterfront, iii. Bridge projects on Tifft Street and Seneca Street that most of which are currently seen as disconnected and isolated include bicycle/pedestrian lanes; from each other and from Buffalo's neighborhoods; iv. The Erie Basin Marina; 6. Increased integration of Buffalo's recreational opportunities V. Habitat Restoration Projects on the Buffalo River; including the city's vi. The Greenway as it traverses the Inner Harbor; magnificent Olmsted Parks which will be linked to the vii. The Industrial Heritage Trail; waterfront and to each other through the Greenway; viii. The Buffalo River Greenway; 7. Increased educational opportunities through elements ix. The pathway at the Small Boat Harbor; such as the Industrial Heritage Trail, historic markers on the X. On-road bike lanes on Richmond Avenue, McKinley Greenway, linkage to the proposed Cobblestone Historic Parkway and South Park Avenue, along with existing roadways District in downtown Buffalo and through the impact of simply that are potentially part of the on-road component of the bringing the public to an area with such a rich and varied Greenway System. history; 8. Enhanced quality of life and health for the Great C. A key element of the Greenway System is a Plaza Lakes human and wildlife communities as waterfront access planned for the Inner Harbor that will celebrate the coming leads to public concern for the area's significant natural together of the three main spokes of the Greenway System - resources. The Greenway will also function in many places as the Riverwalk, the Buffalo River Greenway, and the Outer a buffer, protecting Buffalo's waterways from runoff and from Harbor Greenway. As envisioned, the Greenway Plaza will be structures that might otherwise be placed fight at the water's the "Commons" or the "Village Green" of the Inner Harbor and edge. will include several features that support and raise interest in B. There are significant areas of the Buffalo waterfront the Greenway. Proposed amenities for Greenway users at the currently under government ownership. This will facilitate plaza include lockers, rest rooms, water fountains, bicycle placement of the Greenway. For areas under private control, racks, concessions stands, attractive landscaping, and a large, acquisitions or donations of land or easements will be sought visible map of the Greenway designed to be updated as the and the request will be reinforced by pointing to the economic System grows throughout the entire Buffalo waterfront. and aesthetic benefits the Greenway will bring to all properties D. In anticipation of the Greenway, this Common in its path. Council passed a setback ordinance in 1990 that requires Sec. 493-4 Description. DRAFT property owners to maintain a twenty-five (25) foot yard The City of Buffalo Waterfront Greenway Special Review between their buildings and the water. In 1996 the Council District includes all lands and water encompassed within the further prepared for the Greenway System by enacting a policy following boundaries: to retain ownership or easement rights to a minimum of 25 feet Beginning at the point of intersection of the northerly line of the from the water's edge in the sale of any city-owned waterfront city (the center line of Vulcan St.) with the center line of property. Niagara St.; E. While much work remains to be done, Buffalo's I. thence easterly along Vulcan Street to the northeast intersection of Vulcan Street and Street to the southwest intersection of East Ferry Street and Tonawanda Street; Colorado Avenue; 2. thence southerly along the eastern side of Tonawanda 31. thence northerly along the western side of Colorado Street to the southeast intersection Avenue to the southwest intersection of Colorado Avenue and of Tonawanda Street and Crowley Street; Scajaquada Street; 3. thence westerly along the southern side of Crowley Street to 32. thence westerly along the southern side of Scajaquada the southeast intersection of Street to the southeast intersection of Scajaquada Street and Crowley Street and Niagara Street; Grider Street; 4. thence southerly along the eastern side of Niagara Street to 33. thence southerly along the eastern side of Grider Street to the northeast intersection of Niagara Street and Amherst the southeast intersection of Grider Street and East Ferry Street; Street; 5. thence easterly along the northern side of Amherst Street to 34. thence westerly along the southern side of East Ferry the northeast intersection of Street to the southeast intersection of East Ferry Street and Amherst Street and Elmwood Avenue; Kehr Street; 6. thence southerly along the eastern side of Elmwood Avenue 35. thence southerly along the eastern side of Kehr Street to to the northeast intersection the southeast intersection of Kehr Street and Woodlawn of Elmwood Avenue and Nottingham Terrace; Avenue; 7. thence easterly along the northern side of Nottingham 36. thence westerly along the southern side of Woodlawn Terrace to the northwest Avenue to the southeast intersection of Woodlawn Avenue and intersection of Nottingham Terrace and Amherst Street; East Ferry Street; 8. thence easterly along the northern side of Amherst Street to 37. thence southerly along the eastern side of Fillmore Avenue the northeast intersection of to the northeast intersection of Fillmore Avenue and Dr. Martin Amherst Street and Parkside Avenue; Luther King Jr. Park; 9. thence southerly along the eastern side of Parkside Avenue 38. thence easterly along the entire perimeter of the Dr. Martin to the southeast intersection Luther King Jr. Park back to its southwest intersection with of the Parkside Avenue and Scajaquada Expressway; Fillmore Avenue; 10. thence easterly along the northern side of the Scajaquada 39. thence northerly along the western side of Fillmore Avenue Expressway to the northeast intersection of the Scajaquada to the southwest intersection of Fillmore Avenue and the Right Expressway and Main Street; of Way of the Scajaquada Drain; 11. thence southerly along the eastern side of Main Street to 40. thence westerly along the southern side of the Right of the northeast intersection of Main Street and East Delavan Way over the Scajaquada Drain to the southwest intersection Avenue; of the Right of Way over the Scajaquada Drain with Jefferson 12. thence easterly along the northern side of East Delavan Avenue; Avenue to the northeast 41. thence northerly along the western side of Jefferson intersection of East Delavan Avenue and Jefferson Avenue; Avenue to the southwest intersection of Jefferson Avenue and 13. thence southerly along the eastern side of Jefferson East Delavan Avenue; Avenue to the northeast intersection of Jefferson Avenue and 42. thence westerly along the southern side of East Delavan the Right of Way over the Scajaquada Drain; Avenue to the southwest intersection of East Delavan Avenue 14. thence easterly along the northern side of the Right of Way and Delaware Avenue; over the Scajaquada Drain to the northeast intersection of the 43. thence northerly along the western side of Delaware Right of Way over the Scajaquada Drain and Fillmore Avenue; Avenue to the southwest intersection of Delaware Avenue and 15. thence southerly along the eastern side of Fillmore Avenue Rumsey Road; to the northeast intersection 44. thence westerly along the southern side of Rumsey Road of Fillmore Avenue and East Ferry Street; to the southeast intersection of Rumsey Road and Lincoln 16. thence easterly along the northern side of East Ferry Street Parkway; to the northwest intersection 45. thence northerly along the western side of Lincoln Parkway of East Ferry Street and Grider Street; to the southwest intersection of Lincoln Parkway and North 17. thence northerly along the western side of Grider Street to Park Drive; the northwest intersection of 46. thence westerly along the southern side of North Park Grider Street and Scajaquada Street; Drive to the southwest intersection of North Park Drive and 18. thence easterly along the northern side of Scajaquada Elmwood Avenue; Street to the northeast intersection 47. thence northerly along the western side of Elmwood of Scajaquada Street and Colorado Avenue; Avenue to the southwest intersection of Elmwood Avenue and 19. thence southerly along the eastern side of Colorado Iroquois Drive; Avenue to the northeast intersection 48. thence westerly along the southern side of Iroquois Drive of Colorado Avenue and East Ferry Street; to the southeast intersection of Iroquois Drive and Grant Street; 20. thence easterly along the northern side of East Ferry Street 49. thence southerly along the eastern side of Grant Street to to the northwest intersection the southeast intersection of Grant Street and Letchworth of East Ferry Street and Leslie Street; Street; 21. thence northerly along the western side of Leslie Street to 50. thence westerly along the southern side of Letchworth the northwest intersection of Street to the southeast intersection of Letchworth Street and Leslie Street and Scajaquada Street Dart Street; 22. thence easterly along the northerly side of Scajaquada 51. thence southerly along the eastern side of Dart Street to Street to the northeast intersection the southeast intersection of Dart Street and Bradley Street; of Scajaquada Street and Bailey Avenue; 52. thence westerly along the southern side of Bradley Street to 23. thence southerly along the eastern side of Bailey Avenue to the southeast intersection of Bradley Street and Danforth the northeast intersection of Bailey Avenue and Kerns Avenue; Street; DRAFT 53. thence southerly along the eastern side of Danforth Street 24. thence easterly along the northern side of Kerns Avenue to to the southeast intersection of Danforth Street and Forest the northeast intersection of Avenue; Kerns Avenue and the perimeter of Schiller Park; DRAFT 25. thence easterly and along the entire outer perimeter of 54. thence westerly along the southern side of Forest Avenue Schiller Park to the southwest to the southeast intersection of Forest Avenue and Niagara intersection of Kerns Avenue and Genesee Street, Street; 26. thence westerly along the southern side of Kerns Avenue 55. thence southerly along the eastern side of Niagara Street to to the southwest intersection of Kerns Avenue and Bailey the southeast intersection of Niagara Street and Busti Avenue; Avenue; 56. thence southerly along the eastern side of Busti Avenue to 27. thence northerly along the western side of Bailey Avenue to the southeast intersection of Busti Avenue and Porter Avenue; the southwest intersection of Bailey Avenue and Scajaquada 57. thence westerly along the southern side of Porter Avenue Street; to the southwest intersection of Porter Avenue and the Niagara 28. thence westerly along the southern side of Scajaquada Thruway; Street to the southeast intersection of Scajaquada Street and 58. thence southeasterly along the western side of the Niagara Leslie Street; Thruway to the northwest intersection of the Niagara Thruway 29. thence southerly along the eastern side of Leslie Street to and Virginia Street extended; the southeast intersection of Leslie Street and East Ferry 59. thence easterly along the northern side of Virginia Street to Street; the northeast intersection of Virginia Street and Niagara Street; 30. thence westerly along the southern side of East Ferry 60. thence southerly along the eastern side of Niagara Street to the northeast intersection of Niagara Street and Niagara Parkway; Square; 94. thence northerly along the western side of McKinley 61. thence easterly and southerly along the northern side of Parkway to the southeast intersection of McKinley Parkway and Niagara Square to the northeast intersection of Niagara Square Bailey Avenue; and Court Street; 95. thence westerly and southerly along the eastern side of 62. thence easterly along the northern side of Court Street to Bailey Avenue to the southeast intersection of Bailey Avenue the northeast intersection of Court Street and Main Street; and South Park Avenue; 63. thence southerly along the eastern side of Main Street to 96. thence northeasterly along the southern side of South Park the northeast intersection of Main Street and Scott Street; Avenue to the southeast intersection of South Park Avenue and 64. thence easterly along the northern side of Scott Street to Abby Street-, 97. thence southerly along the eastern side of the northeast intersection of Scott Street and Michigan Avenue; Abby Street to its southernmost end; 98, thence southerly 65. thence southerly along the eastern side of Michigan along the eastern side of Abby Street extended to the southeast Avenue to the northeast intersection of Michigan Avenue and intersection Abby Street extended and Tifft Street; South Park Avenue; 99. thence easterly along the northern side of Tifft Street to the 66. thence easterly along the northern side of South Park northeast intersection of Tifft Street and Hopkins Street; Avenue to the northeast intersection of South Park Avenue and I00. thence southerly along the eastern side of Hopkins Street Louisiana Street; to the northeast intersection of Hopkins Street and the 67. thence southerly along the eastern side of Louisiana Street boundary South Park; to the northeast intersection of Louisiana Street and Republic 101. thence easterly and southerly along the boundary of Street; South Park Avenue to its intersection with the South City Line; 68. thence easterly along the northern side of Republic Street 102. thence westerly along the South City Line to the westerly to the northwest intersection of Republic Street and Hamburg line of the City of Buffalo (described in Section 3 of the City Street; Charter); 69. thence northerly along the western side of Hamburg Street 103. thence northeasterly and northerly along the westerly line to the northwest intersection of Hamburg Street and O'Connell of the city to the northerly line of the city; Street; 104. thence easterly along the northerly line of the city (the 70. thence easterly along the northern side of O'Connell Street center line of Vulcan St.) to the Point of Beginning. to the northwest intersection of O'Connell Street and Fitzgerald 105. The district shall also include the rights of way of Lincoln Street; Parkway (from Rumsey Road to Bidwell Parkway), Bidwell 71. thence northerly along the western side of Fitzgerald Street Park-way (from Lincoln Parkway to Richmond Avenue), to the northwest intersection of Fitzgerald Street and South Richmond Avenue (from Bidwell Parkway to Porter Avenue), Park Avenue; Porter Avenue (from Richmond Avenue to Busti Avenue), 72. thence easterly along the northern side of the South Park Niagara Street (from Busti Avenue to Virginia Street), Lafayette Avenue to the northwest intersection of South Park Avenue and Square, Clinton Street (from Lafayette Square to the East City Lee Street; Line), Fillmore Avenue (from Martin Luther King, Jr. Park to 73. thence northerly along the western side of Lee Street to the Smith Street), Hamburg Street from O'Connell Street to South northwest intersection of Lee Street and Elk Street; Park Avenue, South Park Avenue from Louisiana Street to 74. thence easterly along the northern side of Elk Street to the Fitzgerald Street, Smith Street (from Fillmore Avenue to South northwest intersection of Elk Street and Keating Street; Park Avenue), Elk Street (from South Park Avenue to Bailey 75. thence northerly along the western side of Keating Street Avenue), Bailey Avenue from Seneca Street to Hennepin to the northwest intersection of Keating Street and Seneca Street, the rail right of way between Sqajaquada Street near Street; Bailey to Starin Avenue, Starin Avenue from the rail right of way 76. thence easterly along the northern side of Seneca Street to to Amherst Street, Amherst Street from Starin Avenue to the northeast intersection of Seneca Street and Bailey Avenue; Summit, Jewett Parkway from Summit Avenue to Parkside 77. thence northerly along the western side of Bailey Avenue to Avenue, Broadway (from Lafayette Square to Ellicott Street), the northwest intersection of Bailey Avenue and Clinton Street; Ellicott Street (from Broadway to Clinton Street), South Ogden 78. thence easterly along the northern side of Clinton Street to Street (from Clinton Street to Casimir Street), Hopkins Street the northeast intersection of Clinton Street and Spann Street; (from South Park Avenue to Tifft Street), McKinley Parkway 79. thence southerly along the eastern side of Spann Street to (from South Park to Red Jacket Parkway), Red Jacket Park- the northeast intersection of Spann Street and Casimir Street; way (from McKinley Parkway to Potters Road), and the Peace 80. thence easterly along the northern side of Casimir Street to Bridge to the international border. its intersection with the East City Line; Sec. 493-5 Review Process. 81. thence southerly along the East City Line to the southeast All projects proposed within the Waterfront intersection of the East City Line and Mineral Spring Road; Greenway Special Review District "Ail] be referred to the City 82. thence westerly along the southern side of Mineral Spring Planning Board and the Common Council for review under the Road to the southwest intersection of Mineral Spring Road and design guidelines and performance goals listed below and for Pawnee Parkway; consistency with the legislative intent defined above. 83. thence northerly along the western side of Pawnee Residential projects that, in the judgment of the Permit Office Parkway to the southwest intersection of Pawnee Parkway and will have no impact on the off-road trails, on-road lanes or soft Pomona Place; pathway areas as shown on maps filed with the Permit Office, 84. thence southwesterly along the southern side of Pomona are exempt from the provisions of this chapter. The City Place to the southwest intersection of Pomona Place and Planning Board will examine properties inside the Greenway Seneca Street; Review District within five hundred (500) yards of the proposed 85. thence northwesterly along the southern side of Seneca project for ownership, character of the properties, and Street to the southwest intersection of Seneca Street and environmental features. The Board will examine all potential Southside Parkway; routes for on-road lanes, off-road trails and soft pathways, 86. thence southwesterly along the southern side of Southside including those proposed by the Waterfront Greenway Parkway to the southeast intersection of Southside Parkway Committee on maps filed with Division of Planning and the city and North Legion Drive; Permit Office. The Board will evaluate the feasibility of those 87. thence southeasterly along the northern side of North routes, relative to other possible routes through the area in Legion Drive to the southwest intersection of North Legion question. The Board will then present potential Greenway Drive and Cazenovia Park; routes to the applicant and work with the applicant to provide 88. thence along the entire outer perimeter of Cazenovia Park the maximum routes and amenities for the Greenway. The to the northwest intersection of Cazenovia Street; Board will then make a recommendation to the Council on the 89. thence northwesterly along the northern side of Cazenovia project. At a minimum the Council must determine that the Street to the southwest intersection of Cazenovia Street and project does not preclude the establishment of the Greenway South Legion Drive; through the Special Review District in the vicinity of the project 90. thence northwesterly along the southern side of South before approving the project. Legion Drive to the southwest intersection of South Legion Sec. 493-6 Prohibited Uses. DRAFT Drive and Southside Parkway; To protect the aesthetic and natural resources of the 91. thence southerly along the eastern side of Southside Waterfront Review District, new permits will not be issued for Parkway to the southeast intersection of Southside Parkway the following uses within the District: and Albion Place; A. Automobile salvage yards, billboards, demolition 92. thence westerly along the southern side of Albion Place to debris processing facilities, junkyards, landfills, waste the southeast intersection of Albion Place and Midland Avenue; incinerators, and solid waste transfer facilities. 93. thence southerly along the eastern side of Midland Avenue B. The storage, use, manufacture or disposal of bio- to the southwest intersection of Midland Avenue and McKinley accumulative chemicals of concern designated in the Great Lakes Initiative as published by the United States crowned tread surface should be used. Environmental Agency. C. Shoulders should be a minimum of eighteen (I 8) inches Sec. 493-7 Maintenance. wide on each side of the trail tread surface. Where obstacles The Greenway System will be maintained and kept such as walls, fences, furniture, hydrants, and trees exist, the safe and secure through a joint effort of the city's departments trail shoulder (s) should be at least (3) feet wide on that side (s) of Police, Public Works and Human Services, Parks and to prevent collision, Recreation and appropriate Erie County agencies. Private help d. Trail shoulders should be constructed of permeable in maintaining and improving the system will be sought. materials, capped with a n-minimum of six (6) inches of soil, Regarding safety, traveling the Greenway System after dark will and seeded with grass-legume seed mixture. be discouraged in all but downtown areas that will be well lit. e. Trail shoulders should be sloped away from the trail a Efforts will be made to ensure that highly visible public minimum of three percent (3%), but not exceeding five percent telephones or acceptable alternative communication facilities (5%). are placed every five hundred (500) yards along the system D. Soft Pathway Segments of the Waterfront Greenway wherever feasible. System Sec. 493-8 Design Guidelines and Performance Standards. Soft Pathway segments of the Greenway will consist of A. Access for disabled users: pedestrian footpaths designed to preserve habitat and promote The needs of people with disabilities to participate in activities the non-disruptive exploration of nature along the waterfront. related to the Greenway Footpath widths will vary as conditions dictate but should System should be fully considered in the planning and design generally not exceed eight (8) feet. of the System. Rest areas will be fully accessible. Signage will E. Trail Tread Surface Materials include raised letters and will be in boldly contrasting colors. 1. The selection of Greenway tread surface materials will vary The industrial Heritage Trail will include appropriate curb cuts. depending on site conditions and use considerations for a Guide booklets for the System will be available in alternative given segment. Surface materials will be evaluated based on formats such as large print or on tape. the following: availability, life expectancy, maintenance B. On-road segments of the Waterfront Greenway required, local characteristics, and cost to purchase and install. System: 2. Materials that can be used to surface the Off-Road Trail 1. All roads that are designated as part of the or the Soft Pathway include: asphalt, concrete, brick, paving Greenway System shall, wherever possible, have clearly stones, cobblestone, graded aggregate stone, wood, shredded marked bicycle lanes. A sidewalk area shall not generally be wood fiber, earth, and recycled materials. an acceptable substitute for an on-road lane. F. Environmental Review 2. The minimum lane width for striped on-road bicycle 1. The Greenway should be designed to minimize potential use will follow The American adverse environmental impacts, both during and after Association of State Highway and Transportation Officials construction. All segments of the Greenway will be required to ("AASHTO") guidelines which, as of 1997, require five (5) feet go through an environmental assessment to determine the in width in a given direction. A total of ten (IO) feet (five (5) for impact of the segment and its use on the environment. each side) shall be provided on roadways providing for twoway 2. In environmentally sensitive areas, the trail should be Greenway traffic. The on-road bicycle lanes should be clearly compatible with the natural landscape and its functions; it striped and designated with international signage to restrict should accommodate pedestrian and non-motorized vehicle motor vehicle use and promote safe bicycle use. All new road use without straining the carrying capacity of the landscape. construction projects planned in and along the Waterfront G. Signage DRAFT Greenway System Special District shall make provisions for on- 1 . A comprehensive signage system is a necessary feature road bicycle lanes. Projects involving road resurfacing and up-of the Greenway System. Signs should be used to advise grades shall make provisions for on-road bicycle lanes users of regulated uses, warn of unexpected conditions, and whenever possible. provide direction and guidance along the trial corridor. C. Off-road segments of the Waterfront Greenway 2. A symbol, or logo, should be developed to identify the System: Greenway System in all promotional and public relations efforts I . Trail tread width and vertical clearance to promote System usage. The logo should be bold, a. The paved off-road trail segments of the System should be a uncomplicated, and provide an easily recognizable image. minimum of twelve (12) feet wide to accommodate pedestrian 3 . Interpretive signage describing the trail and points of and non-motorized vehicle use. AASHTO has chosen to use interest should be strategically located along the trail. twelve feet as a minimum tread width guideline for trails with 4. Main access points and auxiliary areas should be multiple uses. All multi-use trail projects which use federal appropriately signed using the International Symbols of funding must have a minimum of twelve foot tread width where Access. feasible and appropriate. In Buffalo, like many urban settings, H. Landscaping and Vegetation the available corridor in some cases may not accommodate a 1 . Trees, shrubs, and other vegetation in the Greenway twelve foot wide trail. Therefore, the City may decide to System should be used for aesthetic purposes as well as for proceed with a trail tread width of less than twelve feet as a functional purposes such as shade, habitat, erosion control, "design exception". A trail width of nine and one half (9.5 ft.) is filtration and benefits to the Greenway microclimate. System recommended in the event a twelve foot trail tread width is not corridor design and construction methods should seek to feasible or appropriate. minimize disturbance of existing vegetation and promote, to the b. A minimum vertical clearance of eight feet six inches (8'6") is fullest extent possible, restoration of native vegetation required for pedestrians and cyclists. Design exceptions shall communities. be considered where this height is not feasible or appropriate. 2. Post-construction maintenance requirements and Tree limbs and other overhead elements should be a safe management practices necessary to keep vegetation in the vertical distance off the trail. condition of good health, function, and appearance should be 2. Trail grade and drainage DRAFT evaluated and described. a. The Waterfront Greenway Trail should be designed with a I. Greenway Furniture minimum grade to accommodate pedestrian and non-motorized Greenway furniture should include benches, balusters, bicycle vehicle use, while at the same time remaining compatible with posts, racks and lockers, trash receptacles, and shelters. the natural contours of the site. Furniture should be designed and located in relation to System b. Trail grade and drainage shall be designed and constructed use and general characteristics of the trail corridor. to minimize the frequency of the flooding of the trail and reduce DRAFT the possibility of damage to the trail; as much runoff as J. Lighting and Telecommunications possible should infiltrate in the trail corridor, This can be In downtown areas and along selected segments of achieved by using permeable tread and shoulder surface the Greenway designated for use after dusk, outdoor lighting materials, directing runoff to the vegetated buffer strips and should be provided. Lighting should provide adequate islands, and avoiding use of curbs, gutters, and impervious illumination to distinguish System features and persons using materials. the Greenway. Public telephones should be located for ease of 3. Trail cross slopes and shoulders user access and maintenance. Efforts will be made to ensure a. Where off-road sections of the Trail are at or near grade, trail that highly visible public telephones or acceptable alternative cross slopes and shoulders should be designed and communication facilities are placed every 500 yards along the constructed. system wherever feasible. b. Cross slopes should not exceed two percent (2%). To Sec. 493-9 Proposed Routing Corridors. facilitate drainage and prevent water erosion, sheet flow can be A. The strength of the waterfront Greenway System is its permitted on the longitudinal slopes of four percent (4%) and linking of two of Buffalo's greatest assets - extensive waterfront less. Where the longitudinal slope is steeper than four percent, acreage and a magnificent Olmsted parks system. This, or the trail width exceeds nine and one half (9.5 ft.) feet, a coupled with the goal of providing easily accessible green space at the water's edge, serves as the basis for proposing SuperSpan, will have a significant long-term impact upon the actual Greenway System corridors. Buffalo and Western New York and we should make every B. In adopting this ordinance amendment the Council adopts, effort now to ensure that the decision that is made will be the in concept, the attached Greenway System Map showing right one for this community by making an examination of the proposed routes for the Greenway System. It is recognized pros and cons of the SuperSpan proposal in a thorough yet that as detailed planning of the Greenway occurs, the exact efficient manner; locations and types of pathways will be modified from the Now, therefore be it resolved: routes proposed on the Greenway System Map due to That this Common Council establish a Special SuperSpan environmental, traffic, physical and other parameters. The Task Force to assess the SuperSpan proposal as expeditiously intent of the System Map is to graphically convey the Greenway as possible and make a recommendation regarding its System concept and to create a basis or departure point for advisability and feasibility; and future planning efforts. When projects are proposed in the Be it further resolved: Waterfront Greenway Special Review District, they need to That the SuperSpan Task Force be comprised of accommodate either the route proposed in the System map, or representatives of the Peace Bridge Authority, the local an alternative route that is judged feasible and desirable by the business community, area residents, the LaSalle Park Steering Planning Board and the Council. Committee and other concerned individuals. C. Copies of the Greenway System Map will be kept in the City ADOPTED Clerk's office, the Permit Office and the Division of Planning. APPROVED AS TO FORM NO.134 DRAFT By: Ms. Barbara Miller-Williams Michael B. Risman CITYOFBUFFALO Corporation Counsel LOCALLAWNO.-(1997) REFERRED TO THE COMMITTEE ON COMMUNITY INTRODUCTORYNO._-2--(1997) DEVELOPMENT A LOCAL LAW amending Article 12, Section 239 of the NO.130 Charter of the City of Buffalo in relation to the wearing of police By: Mrs. LoTempio uniforms and use of other equipment. SUBJECT:MR.ZUCHLEWSKIEXCUSEDFROMBE IT ENACTED BY THE COMMON COUNCIL OF TBE NOVEMBER25,1997COUNCILMEETING CITY OF BUFFALO AS FOLLOWS: Now, Therefore, Be It Resolved: Section 1. That Article 12, Section 239 of the Charter of the That Councilmember Dale L. Zuchlewski be excused from City of Buffalo, adopted pursuant to law, is hereby amended to attendance at the stated Common Council meeting of read as follows: November 25, 1997. (a) That section two hundred thirty-nine be amended to read ADOPTED as follows: Sec. 239. Wearing of Uniform. NO.131 Police officers shall not wear uniforms, except while on actual By: Mrs. LoTempio duty or in going to or returning from their tour of duty. The SUBJECT:MR.QUINTANAEXCUSEDFROMNOVEMBERPolice Commissioner may also authorize the wearing of the 25,1997COUNCILMEETING department uniform and use of other equipment deemed Now, Therefore, Be It Resolved: necessary for certain off duty employment of sworn police That Councilmember Robert Quintana be excused from personnel within the city limits. attendance at the stated Common Council meeting of Section 2. This local law shall take effect immediately. November 25, 1997. APPROVED AS TO FORM ADOPTED Michael B. Risman Corporation Counsel NO132 LAID ON THE TABLE By: Mr. Pitts RE:BURAFUNDINGFORROTARYRINK NO.135 Whereas: The ice rink at Fountain Plaza was opened for public By: Barbara Miller-Williams skating in 1991; and SUBJECT:REQUESTPILOTPROGRAMINTHE Whereas: It was named "Rotary Rink" in recognition of the ELLICOTTDISTRICT financial contribution of more than $400,000 to the project by Whereas: Abandoned property in the Ellicott District continues the Rotary Club of Buffalo; and to be a detriment to the community and an enticement to Whereas: Rotary Rink is a tremendous asset to downtown trespassers. Homeowners frequently complain about having Buffalo, providing an important family-oriented activity for the abandoned property near their home torn down or boarded visitors; and up; and Whereas: Rotary Rink is presently in serious need of Whereas: The City has made an effort to tear down as many additional funding for maintenance and improvements in order dilapidated buildings and homes allowable under the current to ensure that it will be fully operational; funding. However a vast number of abandoned homes Now, therefore be it resolved: continues to be a thorn in the community's side; and That the Buffalo Urban Renewal Agency be requested to Whereas: People who trespass on abandoned property are identify funding for needed maintenance of and capital usually the culprits who are stripping and damaging vacant improvements to Rotary Rink. properties beyond repair. In many instances trespassers sell REFERRED TO THE COMMITTEE ON COMMUNITY drugs from within or around the property, and area prostitutes DEVELOPMENT AND BUFFALO URBAN RENEWAL use abandoned property for their illegal acts; and AGENCY. Whereas: A recent resolution (No 191, CCP 7/23/96) requested signage which would include the notification of NO.133. penalties for trespassing and/or abusing City properties, and it By: Mr. Pitts, Mr. Quintana and Mrs. Miller received support from various Councilmember and Williams Departments heads; and RE:ESTABLISHSUPERSPANTASKFORCE Whereas: It would be in the best interest of the community if a Whereas: The Peace Bridge Authority has proposed building a pilot program were developed to demonstrate whether or not new bridge next to the current Peace Bridge in order to help posting signs would be effective in keeping trespassers off the accommodate the millions of vehicles that use the bridge to grounds of abandoned property; and cross the U.S.-Canada border; and Whereas: A pilot program will assist the community in Whereas: Some concerned residents have proposed that, identifying the proper authorities to rather than build a "twin bridge," the Authority instead replace contact when trespassers are identified The community will be the Peace Bridge with a so-called "SuperSpan"; and all the more willing to call the authorities if they know a fine Whereas: Proponents of the six-lane SuperSpan argue that it and/or imprisonment face all trespassers. would provide a better way to manage cross-border traffic, as Now, Therefore, Be It Resolved: well as serve as "a symbol of a new Buffalo"; and That Common Council requests the Department of Real Estate Whereas: There has been a robust debate about which to develop a pilot program for the Ellicott District in which signs concept is preferable, the twin bridge or the SuperSpan; issues will be posted on all abandoned properties in the District. discussed include the plans' potential impacts upon the local These properties should include both City owned and non-City economy, traffic patterns, timetables for completion, and the own abandoned properties; and future of both LaSalle and Front Parks; and Be It Further Resolved: Whereas: Whatever is eventually done, a twin bridge or a That the Budget Director identify any potential source of funding to create this pilot program; and BONDRES.-$17,325,000-RECONST.VAR.SCHOOLS. Be it Finally Resolved: (NO.146,C.C.P.,NOV.12,1997) That the signs include the provisions set forth under Section Mrs. LoTempio moved that the above item be taken from the 133-21 of the City Code. table. REFERRED TO THE COMMITTEE ON LEGISLATION, Seconded by COMPTROLLER, COMMISSIONER OF ADMINISTRATION CARRIED AND FINANCE AND COMMISSIONER OF COMMUNITY Mrs. LoTempio now moved the approval of the above item; DEVELOPMENT. seconded by Mrs. Kavanaugh PASSED NO.136 AYES 11 NOES 0 By: Mr. Zuchlewski, Mr. Quintana, and Ms. Miller- Williams NO.140 REQUESTTHATTHENIAGARARIVERBEBONDRES.-$500,000-CONST.SCH.462COMM.CTR.. DESIGNATEDASANAMERICANHERITAGERIVER (NO.147,C.C.P.,NOV.12,1997) Whereas: Buffalo, New York is home to many natural, Mrs. LoTempio moved that the above item be taken from the cultural, architectural, and historical treasures; the Niagara table. River is one of the treasures which Western New Yorkers Seconded by appreciate most; and CARRIED Whereas: The Niagara River passes through the City of Mrs. LoTempio now moved the approval of the above item; Buffalo and other municipalities before flowing into Niagara seconded by Mrs. Kavanaugh Falls, one of the world's great wonders; this magnificent river PASSED also provides a beautiful natural border between the United AYES 11 NOES 0 States and Canada; and Whereas: The Niagara River, with its rich history and legacy, NO.141 is one of North America's most unique and significant natural BONDRES.-$240,000-RESTORATIONOFMONUMENTS and cultural resources; and (NO.148,C.C.P.,NOV.12,1997) Whereas: The City of Buffalo is committed to working with the Mrs. LoTempio moved that the above item be taken from the other communities along the "Niagara River Corridor" to table. cooperatively promote the River's various resources as parts of Seconded by one unique and significant body of water; CARRIED Whereas: The City of Buffalo is also committed to working Mrs. LoTempio now moved the approval of the above item; cooperatively with the same Niagara River Corridor seconded by Mrs. Kavanaugh communities to establish plans and protocols to effectively PASSED manage, conserve, enhance, and protect the mighty Niagara's AYES 11 NOES 0 resources, special qualities, and unique characteristics; and Whereas: National attention and local cooperation are NO.142 important components of establishing ways to protect and BONDRES.-$75,000-RECONST.NEIGH.INFO.CTR. enhance the numerous resources and landmarks along the (NO.149,C.C.P.,NOV.12,1997) Niagara River Corridor; and Mrs. LoTempio moved that the above item be taken from the Whereas: The City of Buffalo, along with other communities table. along the Niagara River Corridor, believes that designating the Seconded by Niagara River as an American Heritage River would foster CARRIED some of the necessary national attention and local cooperation; Mrs. LoTempio now moved the approval of the above item; and seconded by Mrs. Kavanaugh Whereas: The aforementioned designation would also assist PASSED these communities in generating an economic development AYES 11 NOES 0 strategy which focuses on the Niagara River; Now, Therefore, Be It Resolved: NO.143 That this Common Council hereby requests that President Bill ANNOUNCEMENTOFCOMMITTEEMEETINGS Clinton designate the Niagara River as an American Heritage The following meetings are scheduled. All meetings are held in River; and the Council Chambers, 13th floor, City Hall, Buffalo, New York, Be It Further Resolved: unless otherwise noted. That certified copies of this resolution be forwarded to REGULAR COMMITTEES President Clinton, United States Senators Daniel P. Moynihan Civil Service Committee, Tuesday, December 2, 1997 and Alfonse D'Amato, the Western New York delegation of the Finance Committee, Tuesday, December 2, 1997 United States House of Representatives, and Thomas Legislation Committee, Tuesday, December 2, 1997 at 2:00 DeSantis, Planner for the City of Niagara Falls. o'clock p.m. ADOPTED Community Development Committee Wednesday, December 3, 1997 at 10:00 o'clock a.m. NO.137 Committee on Education, Wednesday December 3, 1997, By Mr. Zuchlewski Room 1417 @ 2:00 P.M. FELICITATIONSINMEMORIAM ANCILLARY MEETINGS Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: NO.144 Felicitation for Golden Nugget, 75 yrs Service, ADJOURNMENT By Councilmember James Pitts On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh Felicitation for Golden Nugget, Retirement for Pierce. the Council adjourned at 3:50 P.M. By Councilmember Jame’s Pitts CHARLES L. MICHAUX, III In Memoriam for Albert Thompson CITY CLERK By Councilmember Councilmember Pitts and all Councilmembers' BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS ADOPTED. #10 MAYOR'SOFFICE-201CITYHALL UNFINISHEDBUSINESS NOVEMBER20,1997 NO.138 Present: James W. Pitts, Council President; Bruce L. BONDRES.-$1,000,000-BROWNFIELDSREMED. Fisher, Deputy Comptroller-2 (NO.145,C.C.P.,NOV.12,1997) Absent: Anthony M. Masiello, Mayor-1 Mrs. LoTempio moved that the above item be taken from the The Journal of the last meeting was approved. table. NO.1 Seconded by 1 transmit herewith the Pension Payroll for the Fire Pension CARRIED Fund for the month of November 1997 amounting to Mrs. LoTempio now moved the approval of the above item; $26,500.63, and respectfully request that checks be drawn to seconded by Mrs. Kavanaugh the order of the persons named herein for the amounts stated. PASSED Adopted AYES 11 NOES 0 Ayes-2. Noes-0. NO.2 NO.139 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of November 1997 amounting to $28,447.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO.3 Mr. Pitts made a motion to keep Mr. Art Sullivan's Item on the Pension Board Agenda until such time as Mr. Sullivan has filed his claim with the City and receives disposition of the matter. In addition, Mr. Richard Pawarski, City Auditor, will be submitting a report attached to this proceedings in relation to Mr. Sullivan's claim. Tabled. NO.4 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.