HomeMy WebLinkAbout98-0106A
No. 1
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JANUARY 6, 1998
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICTCOUNCILMEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULARCOMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams
Members
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie
LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
CITYHALL-BUFFALO
TUESDAY,JANUARY6,1998
COMMONCOUNCIL AT2:00P.M.
requested that the property be deeded to 313 West Ferry, Inc.,
PRESENT - James W. Pitts President of the Council, the corporation owns the premises adjacent to 323 West Ferry
and and Council Members Brown, Coppola, Fontana, and is a corporation solely owned by Ronald Alsheimer.
Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, I am, therefore, requesting Your Honorable Body to authorize
Pitts, Quintana, Williams and Zuchlewski - 13. the abandonment and sale of 323 West Ferry (former Precinct
#5) to 313 West Ferry, Inc. in the amount of $55,000.
ABSENT - None. Mrs. LoTempio moved:
That the above communication from the Comptroller dated
On a motion by Mrs. LoTempio, seconded by December 31, 1997, be received and filed; and
Mr.Fontana, the minutes of the stated meeting held on That the Comptroller be, and he hereby is authorized to
December 23, 1997 and January 2, 1998 were approved. amend the abandonment and sale of 323 West Ferry (former
Precinct #5) from Ronald Alsheimer to 313 West Ferry, Inc.
FROMTHEMAYOR-EXECUTIVEDEPARTMENT instead in the amount of $55,000.
PASSED.
FROMTHEENVIRONMENTALMANAGEMENTAYES - 13 NOES - 0
COMMISSION
NO.1 NO.4
OUTERHARBORINACTIVEHAZARDOUS CERTIFICATEOFNECESSITY
WASTESITE INCREASEDAPPROPRIATION
The Common Council has asked for comments from the DEPARTMENTOFPUBLICWORKS-DIVISIONOF
Environmental Management Commission regarding the DEC's ENGINEERING
delisting of the Outer Harbor Inactive Hazardous Waste Site. DEPARTMENTOFCOMMUNITYDEVELOPMENT-
This important property is owned by the NFTA and is central to DIVISIONOFPLANNING
long-term waterfront reuse potential. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
The Commission wishes to express its ongoing concern that Comptroller, do hereby certify pursuant to Section 41 of the
delistings may be construed as clean bills of health. State Charter, that an increase in the sum of $131,725 in the
regulation maintains a distinction between hazardous waste estimates for the fiscal year beginning July 1, 1997 is
(generally supportive of listing on the State Registry of Inactive necessary in Appropriation Allotments for the Department of
Hazardous Waste Sites) and hazardous substances (of Community Development - Division of Planning, to meet a
themselves, not supportive of such listing). The impact of the contingency which could not have been reasonably foreseen
delisting is that while NFTA will not now be required to clean when the budget was adopted. The amount of increased
the delisted portions of the site under the New York State appropriation will be met from an increase of $131,725 in the
Inactive Hazardous Waste Site Program, significant Division of Engineering Federal Revenue account 100-40-1-
contamination does remain in place in the delisted area. This 404-81118 Community Development Block Grant not otherwise
includes lead, cadmium, other metals, PAH's, and PCB's. The appropriated for any other purpose. The detail of the
delisting agency, the New York State Department of requirements are set forth below:
Environmental Conservation, and its partner, the New York To:
State Department of Health, would be best equipped to offer 100 General Fund
detailed commentary on these issues. 71 - Department of Community Development
It is clear, however, that, depending on ultimate use, reuse of 1 - Division of Planning
the delisted site may require attention to such contamination in 001 - Community Development Planning
order to protect human health and the environment. Protective 583 - Unclassified $131,725
handling of such contamination can represent a significant Dated: Buffalo, NY, December 24, 1997
problem, technically and financially, for the redevelopment RECEIVED AND FILED
program in Buffalo. The City and State have shown recent
strong and successful attention to these issues on other such NO.5
sites, and it is important that such work go forward. CERTIFICATEOFNECESSITY
In addition, the delisting means that the State Superfund INCREASEDAPPROPRIATION
cannot be used to remediate the delisted portion of the site. DEPARTMENTOFPUBLICWORKS-DIVISIONOF
While some might counter that funds from the recent ENGINEERING
Environmental Bond Act could be used to clean the remaining DEPARTMENTOFCOMMUNITYDEVELOPMENT-
contamination, those funds are limited and under pressure to DIVISIONOFHOUSING&INSPECTIONS
serve a number of purposes. In contrast, the Superfund is a We, Anthony M. Masiello, Mayor and Joel A. Giambra,
tool designated to fund the cleanup of all eligible hazardous Comptroller, do hereby certify pursuant to Section 41 of the
sites. In light of the potential importance of future Outer Harbor Charter, that an increase in the sum of $350,573 in the
development, we urge the Council to look closely at whether estimates for the fiscal year beginning, July 1, 1997 is
delisting is justified by the data and whether delisting is in the necessary in Appropriation Allotments for the Department of
best interests of the City. Community Development - Division of Housing & Inspections,
REFERRED TO THE COMMITTEE ON COMMUNITY to meet a contingency which Could not have been reasonably
DEVELOPMENT, CORPORATION COUNSEL, foreseen when the budget was adopted. The amount of
COMMISSIONER OF COMMUNITY DEVELOPMENT, NYS increased appropriation will be met from an increase of
DEPT. OF ENVIRONMENTAL CONSERVATION AND NYS $231,724 in the Division of Engineering Federal Revenue
HEALTH DEPT. AND GREAT LAKES UNITED. account 100-40-1404-81118 Community Development Block
Grant and an increase of $118,849 in the Division of Housing &
FROMTHEBUFFALOARTSCOMMISSION Inspections Federal Revenue account 100-71-3-404-81118
NO.2 Community Development Block Grant not otherwise
APPOINTMENTSTOTHEARTSANDCULTURALappropriated for any other purpose. The detail of the
FUNDINGADVISORYCOMMITTEE requirements are set forth below:
This is to inform your Honorable Body that there are To:
currently six (6) vacancies for your appointment on the Arts and 100 General Fund
Cultural Funding Advisory Committee. The committee's work 71 - Department of Community Development
commences in early February and is complete with the 3-Division of Housing & Inspections
adoption of the 1998-1999 budget. Thank you for your 085 - Capital Outlay
attention to this matter. 900 - Land & Betterments
RECEIVED AND FILED Demolition of Buildings $350,573
RECEIVED AND FILED
FROMTHECOMPTROLLER
NO.3 NO.6
AMENDAUTHORIZATIONTOSELL323WESTFERRY CERTIFICATEOFNECESSITY
TO313WESTFERRY,INC. INCREASEDAPPROPRIATION
ITEMNO.82,C.C.P.11/25/97,ITEMNO.10,C.C.P.11/12/97DEPARTMENTOFPUBLICWORKS-
ITEMNO.22,C.C.P.10/28/97 DIVISIONOFENGINEERING
Pursuant to Item No. 82, C.C.P. 11/25/97 and Item No. 10, DEPARTMENTOFHUMANSERVICES,PARKS&
C.C.P. 11/12/97 Your Honorable Body authorized the RECREATION-DIVISIONOFPARKS
Comptroller's Office to abandon and sell 323 West Ferry to We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Ronald Alsheimer in the amount of $55,000. Comptroller, do hereby certify pursuant to Section 41 of the
Michael Blinkoff, Attorney on behalf of Mr. Alsheimer, has Charter, that an increase in the sum of $40,000 in the
estimates for the fiscal year beginning July 1, 1997 is The Comptroller's Office, Division of Real Estate has
necessary in Appropriation Allotments for the Department of determined that there is no lease agreement between the City
Human Services, Parks, & Recreation - Division of Parks, to of Buffalo and the Valley Community Association for use of 87
meet a contingency which could not have been reasonably Leddy.
foreseen when the budget was adopted. The amount of It appears that the Valley Community Association has used
increased appropriation will be met from an increase of this facility for the past 20 years. This office is requesting Your
$40,000 in the Division of Engineering Federal Revenue Honorable Body to approve a lease agreement between the City
account 100-40-1-404-81118 Community Development Block of Buffalo and the Valley Community Association for use of 87
Grant not otherwise appropriated for any other purpose. The Leddy with the following terms and conditions:
detail of the requirements are set forth below: 1. This lease should be for a 2 year period
To: commencing January 1, 1998 and expire December 30, 1999.
100 General Fund 2. The annual rental fee shall be One Dollar ($1.00) per
- Department of Human Services, Parks & Recreation 1 - year.
50
3. The tenant will be responsible for the cost of the
Division of Parks 011 - Parks, Golf Courses & Gardens
garbage user fee.
110 - Salaries - Regular 30,000
4. The tenant will be responsible for all minor repairs
580 - Non-Professional Services 10,000
and maintenance .
Total $40,000
5. The City of Buffalo, Dept. of Public Works shall be
RECEIVED AND FILED
responsible for all major repair's & maintenance.
6. The City will be responsible for the cost of the utility
NO.7
bills.
CERTIFICATEOFNECESSITY
7. The Valley Community Association shall provide
TRANSFEROFFUNDS
insurance saving the City harmless from any liability, as set
DIVISIONOFAUDIT
forth per Item #197, C.C.P. 3/31/97 Insurance Requirements
DIVISIONOFAUDIT-CAPITALOUTLAY
for lease of city-owned properties.
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
8. The lease shall have a 30 day cancellation clause by
Comptroller, do hereby certify, pursuant to Section 42 of the
either party.
Charter, that it is necessary that the sum of $14,700 be
I am further recommending that Your Honorable Body
transferred and reappropriated from the Division of Audit -
authorize the Corporation Counsel to prepare the necessary
Audit Services, as set forth below:
lease incorporating but not limited to the above aforementioned
From:
terms and conditions that may deem necessary to protect the
100 General Fund
interest of the City of Buffalo. I am also requesting that Your
04-1 Division of Audit
Honorable Body authorize the Mayor to execute the same.
001 - Audit Services
Mrs. LoTempio moved:
110 - Salaries - Regular $14,700
That the above communication from the Comptroller Works
To:
dated December 22, 1997, be received and filed; and
100 General Fund
That the Comptroller be, and he hereby is authorized to enter
04-1 - Division of Audit
into a lease between the City and Valley Community
085 - Capital Outlay
Association, for the lease of 87 Leddy, for a two (2) year term
982 - Operating Equipment & Furnishings
commencing January 1, 1998 and to expire December 30,
Laptop Computers $14,700
1999, the annual rental fee to be charged is $1.00 (Only One
Dated: Buffalo, NY, December 24, 1997
Dollar) and with other conditions as contained in the above
RECEIVED AND FILED
communication. Authorized the Corporation Counsel to
prepare the necessary documents to enter into said lease and
NO.8
that the Mayor be authorized to execute the same.
CERTIFICATEOFNECESSITY
PASSED.
TRANSFEROFFUNDS
AYES - 13 NOES - 0
COMMUNITYDEVELOPMENT-BONDFUNDS
DEPARTMENTOFPUBLICWORKS
NO.11
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
OPTIONTORENEWLEASEAGREEMENTBETWEENTHE
Comptroller, do hereby certify, pursuant to Section 42 of the
CITYOFBUFFALOANDUNIVERSITYHEIGHTS
Charter, that it is necessary that the sum of $803.64 be
COMMUNITYDEVELOPMENTASSOCIATIONINC.FOR
transferred and reappropriated from the Department of
USEOF3242MAINSTREET
Community Development Capital Projects Fund, as set forth
ITEMNO.226,C.C.P.,10/5/93
below:
Pursuant to Item No. 226, C.C.P., 10/5/93, Your Honorable
The amount to be transferred represents an unexpended
Body authorized a five year lease between the City of Buffalo
balance of items contained in the budget for the current fiscal
and the University Heights Community Development
year and will not be needed at this time for the purpose for
Association, Inc., which operates the Gloria J. Parks
which they were appropriated.
Community Center located at 3242 Main Street. This lease
From:
expires on July 31, 1998 and may be renewed at the option of
200 Capital Projects Fund
both parties, upon written notice at least six months prior to the
71 - Department of Community Development
expiration of said lease.
7 - Division of Development
The Comptroller’s Office, Division of Real Estate, has
028 - $803.64
received notice from University Heights Community
To:
Development Association, Inc. to renew their lease for another
200 Capital Projects Fund
five year period to commence on August 1, 1998 and expire on
40 - Department of Public Works
July 31, 2003.
2 - Division of Buildings
They have agreed to amend the current lease whereby the
035 - Conservation of City Public Art Work $803.64
University Heights Community Development Associations, Inc.
Dated: Buffalo, NY December 19, 1997
will be responsible for the cost of the garbage user fee.
RECEIVED AND FILED
However, in addition they are requesting that the lease be
amended whereby the City will be responsible for 75% of cost
NO.9
of the utilities for the period of August 1, 1998 - July 31, 2003.
BUFFALOPOLICEDEPARTMENT
The present lease agreement states that the City and the
FEDERALASSETFORFEITUREACCOUNT
University Heights Community Development Association, Inc.
ANNUALCERTIFICATIONREPORT
shall each pay a percentage of the electric, gas and water
Lumsden and McCormick, LLP, performs an annual audit of
utilities on the leased premises, with the City’s obligation
the Federal Asset Forfeiture
decreasing by 5% annually. According to the present lease
Account of the Buffalo Police Department which we review.
agreement the ratio for the 1997-1998 year is 60% City of
The report is prepared to comply with the rules and
Buffalo and 40% University Heights Community Development
regulations of the Federal Asset Forfeiture program. Attached
Association, Inc. The rental will remain at One Dollar ($1.00)
is a copy of their report for fiscal year ending June 30, 1997.
per year and all other terms and conditions of said lease shall
REFERRED TO THE COMMITTEE ON FINANCE
remain the same.
This office recommends that Your Honorable renew their
NO.10
present lease agreement for an additional five year period to
LEASEAGREEMENTBETWEENTHECITYOF
commence on August 1, 1998 and expire July 31, 2003
BUFFALOANDVALLEYCOMMUNITYASSOCIATIONFOR
providing that the Law Department, Public Works and the
USEOF87LEDDY
Accounting Division have no objections to the amendments of Total Deductions to Contract $6,238.18
this lease renewal. I am further recommending that Your Contract Summary
Honorable Body authorize the Corporation Counsel to prepare Original Contract Amount $135,800.00
the necessary documents to renew said lease and that the Change Order #1 (No Cost) 0.00
Mayor be authorized to execute the same. New Contract Amount $135,800.00
REFERRED TO THE COMMITTEE ON FINANCE The preceding deductions and additions to the contract were
deemed necessary to properly complete work on the project.
FROMTHECOMMISSIONEROFASSESSMENT All costs were reviewed by the Engineering staff and were
found to be fair and equitable. Therefore, I respectfully request
NO.12 that Your Honorable Body approve the subject change order
CERTIFICATEOFAPPOINTMENT and authorize the Commissioner of Public Works to issue said
Appointment Effective December 22, 1997, in the change order to Destro & Brothers Concrete Co., Inc.
Department of Assessment, to the position of Supervising Mrs. LoTempio moved:
Assessor, Permanent, at the Maximum salary of $45,360 That the above communication from the Commissioner of
Anthony Krayna, 321 Jersey Street, Buffalo, NY 14201 Public Works dated December 18, 1997, be received and filed;
REFERRED TO THE COMMITTEE ON CIVIL SERVICE and
That the Commissioner of Public Works be, and he hereby
NO.13 is authorized to issue change order No. 1, to Destro Brothers
CERTIFICATEOFAPPOINTMENT Concrete Co., Inc., a decrease at no cost and as more fully
Appointment effective December 22, 1997 in the described in the above communication, for work relating to
Department of Assessment to the position of Senior Assessor, Lakefront Boulevard, Group #431, Contract No. 91926900.
temporary, at the maximum salary of $44,598 PASSED
Phillip Kozerski, 158 Barnard, Buffalo, NY 14206 AYES - 13 NOES - 0
RECEIVED AND FILED
NO.16
FROMTHECOMMISSIONEROFPUBLICWORKS 11-15ELEYPLACE;
NO.14 INSTALLHANDICAPPEDACCESSRAMP
APPROVALTOSUBMITASUPPLEMENTALFORWITHINCITYRIGHT-OF-WAY
PAYMENTOFASUMEQUALTOTHEDIFFERENCE Mr. John Starr, owner of the property located at 11-15 Eley
BETWEENWAGESANDCOMPENSATIONBENEFITS Place, has requested permission to install a handicap ramp
Mr. Paul J. Bugman, Truck Driver (Permanent) , in the which would encroach City right-of-way at said address.
Division of Water was on disability from 11/4/97 to the present. The proposed ramp would measure fifteen feet in length and
Pursuant to the City ordinance, Chapter 35, Article VI, Section project a maximum of four feet from the property line into City
22, each employee is entitled to a difference in pay allowance right-of-way.
under the provisions of the Worker's Compensation Law. The Department of Public Works has reviewed Mr. Starr's
Therefore, Mr. Bugman is entitled to a difference in pay. request pursuant to Chapter 413-59.1 (Handicapped Access
The normal salary for 10 days is $1,142.29. Less deductions Ramps) of the City Ordinances and has no objection to Your
for Federal Tax - $164.17; State Tax - $44.61; FICA/Med. - Honorable Body authorizing the Commissioner of Public Works
$87.38 and New York State Retirement - $34.27 for a total to issue a "Mere License" for said installation provided the
deductions of $330.43. The payment from the Compensation following conditions are met:
Carrier will be $800.00 bi-weekly making the difference due the 1. That the applicant obtain any and all other City of
employee $11.86 bi-weekly. Buffalo permits necessary for said installation.
Based on this information, Mr. Bugman is entitled to $46.20 2. That the ramp be installed exactly as shown on
for the period November 4, 1997 through December 28, 1997. plans submitted to and approved by the Department of Public
Also, he will continue to be entitled to $11.86 bi-weekly for a six Works, Division of Buildings.
month period from November 4, 1997 to May 4, 1997. 3. That the ramp be constructed so as not to be
Mrs. LoTempio moved: permanent in nature.
That the above communication from the Commissioner of 4. That the applicant supply the Department of Public
Public Works dated December 29, 1997, be received and filed; Works with a $5,000 construction in street bond or certificate
and of insurance which will indemnify and save harmless the City of
That the Comptroller be, and he hereby is authorized to pay Buffalo against any and all loss and damage arising out of the
Paul J. Bugman, a Truck Driver, in the Division of Water the construction, maintenance, use and removal of said ramp.
amount of $46.20 for difference in pay allowance under the REFERRED TO THE COMMITTEE ON LEGISLATION AND
provisions of the Workers' Compensation Law for the period THE CITY PLANNING BOARD
November 4, 1997 through December 28, 1997 and the
amount of $11.86 bi-weekly for a six (6) month period from NO.17
November 4, 1997 to May 4, 1998. MAINTENANCEAGREEMENTBETWEEN
PASSED NEWYORKSTATETHRUWAYAUTHORITY
AYES - 13 NOES - 0 ANDCITYOFBUFFALO-NIAGARASTREETOVERNEW
YORKTHRUWAY-MILEPOSTN10.50+'CONTRACTTAN
NO.15 97-91
CHANGEORDERNO.1-NOCOST Permission is requested from your Honorable Body to enter
LAKEFRONTBLVD.,GROUP#431 into a maintenance agreement with the New York State
DESTROBROTHERSCONCRETECO.,INC. Thruway Authority for BIN #5043930, Niagara Street over the
CONTRACT#91926900 New York Thruway I-190, which is to be reconstructed in
ITEMNO.28,C.C.P.7/8/97 conjunction with contract TAN 97-91.
ITEMNO.20,C.C.P.11/26/96 Construction limits of this project are milepost N10.50
A. I hereby submit to Your Honorable Body the (approximately Ontario Street) to milepost N1 1.55 (River Road,
following negotiated unit price additions to the contract: Tonawanda). The anticipated bid date is Spring of 1998 with
Contract Quantity Unit all work being administered by the New York State Thruway
Item Description Units Used Price Cost Authority.
05.110 Cement Cu. Yds. 8.66 70.00 Upon completion of the project the City will be responsible to
Concrete Base $606.20 maintain the bridge pavement surface, shoulders, curbs,
09.920 Fire Hydrant Each 1 $1,200.00 sidewalks, slopes, guide railings, pavement markings and
- Relocate $1,200.00 snow-ice control on both approaches and structure.
612.01 Sod Sq. Yds. 182.22 $9.00 REFERRED TO THE COMMITTEE ON FINANCE $1,639.98
614.04 Tree Each 2 $500.00 Removal $1,000.00
680.520506 Conduit Lin. Ft. 560 ft. $3.20 NO. 18 $1,792.00
Total Additions to Contract $6,238.18 NEWCONVENTIONCENTER
B. I hereby submit to Your Honorable Body the ITEMNO.173,C.C.P.12/23/97
following deductions to the contract: The referenced resolution was referred to this department
for response. The C. H. Johnson Study was a very preliminary
Contract Reduce Bid Unit Bid Cost study on the need of a new convention center. I have recently
Item Description Units Qty.for Chg. Price Deduct had conversations with representatives from the County of Erie,
Order and they have advised me that they will be doing a Project
90.160 Concrete Paver Sq. Ft. -693.131 $9.00 Initiation Re port in the near future. This report will take a more - Turfstone $6,238.18
detailed look at the needs of a new center, the financing of
such a center, and also the proper location. Their plan calls for 1995. The plaintiffs claim that the City is violating the Fair
dialogue with all interested parties including the Common Labor Standards Act ("FLSA") by failing to pay overtime
Council. compensation for the transportation, care, feeding and training
Until this study is completed, I feel that it is premature to of the K-9 Unit dogs. The plaintiffs also claim overtime
select any site over another. The Johnson Study did not compensation for the care and maintenance of their personal
provide enough information to adequately make this very vehicles which they used to transport the dogs between work
important decision. I strongly recommend that the Council hold and their homes. Additionally, they seek reimbursement for
off on supporting any site until the Project Initiation Report is claimed out-of-pocket expenses (e.g. leashes, collars, dog
completed. kennels).
REFERRED TO THE COMMITTEE ON COMMUNITY The plaintiffs claim that they work approximately 2.44 hours
DEVELOPMENT over and above their regularly scheduled shift and on their days
off feeding, exercising, training and grooming their dogs and/or
NO.19 cleaning their personal vehicles. They also seek I hour's travel
PERMISSIONTOENGAGECONSULTANTtime for each day the dog was transported.
RECONSTRUCTIONOFTHEENGINEERINGGARAGE The plaintiffs are claiming violations of the FLSA for the
I respectfully request Your Honorable Body's permission to period from June 1993 to the present. If the Court finds that
engage an Architectural/ Engineering consultant to prepare the City willfully violated the FLSA, the plaintiffs may seek
plans, specifications, advertise and receive proposals for the damages from June 1992, and may be awarded liquidated
reconstruction of the Engineering Garage. damages (double the amount of wages which may be
Funds for this work are available in CPF 201-401-005. awarded), reasonable attorneys fees and costs.
Mrs. LoTempio moved: The plaintiffs filed a motion for partial summary judgment as
That the above communication from the Commissioner of to liability. The motion was denied as the Court found there to
Public Works dated December 29, 1997, be received and filed; be triable issues of fact as follows: (1) whether the hours
and worked by the handlers exceeded the amount required by the
That the Commissioner of Public Works be, and he hereby FLSA to trigger the overtime provisions, (2) whether any
is authorized to engage an Architectural/Engineering consultant activities are so minimal as to not require overtime
to prepare plans, specifications, advertise and receive compensation- (3) whether k-9 related activities are a
proposals for the reconstruction of the Engineering Garage. necessary part of the primary activities for which the handlers
Funds for this project will be available in CPF 201-401-005. are employed (e.g., police work); (4) whether the City qualifies
PASSED. for the FLSA Section 7(k) exemption. [The 7(k) exemption is
AYES - 13 NOES - 0 the police and fire exception to the 40-hour work week.]
Additional triable issues are: (1) how much time do the
FROMTHECORPORATIONCOUNSEL handlers spend performing compensable K-9 related work; (2)
NO.20 whether there was a "reasonable agreement" between the City
BUFFALOPLACE-REVOCATIONOF and the handlers as to the amount of compensable time worked
OUTDOORPERFORMER'SLICENSE at home; (3) whether the City "Willfully" violated the FLSA.
ITEMNO.74,C.C.P.,10/28/97 The City's arguments in response to the suit are that (1) the
You requested a response from the Law Department handlers are compensated at a rate of $7.50/day ($2,700
regarding the request to hold a public hearing from Buffalo annually) for the care, maintenance and feeding of the dogs;
Place, Inc. to revoke the outdoor performer's license of Daniel (2) the work involved in transportation does not require overtime
Jelks. Pursuant to Section 319-10 of the Code of the City of compensation. Reich v. NYC Transit Auth., 45 F.3d 646 (2d
Buffalo, notice and an opportunity to be heard must be afforded Cir. 1995); (3) the City is not required to pay overtime
to the licensee prior to the Common Council's revocation or compensation at the officers' overtime rate (e.g., about $3
suspension of a license. 3.00/hour) U.S. Dept. of Labor Letter rulings; (4) the City is
The Common Council must schedule a hearing, before the entitled to "good faith" reliance on the Dept. of Labor Letter
Legislation Committee or the full Council, in order to provide Rulings; (5) the City qualifies for the 7k exemption in that the
Buffalo Place, Inc., Mr. Jelks, and any other interested parties a plaintiffs work only 80 hours in a 15-day period; (6) the City
chance to discuss the impact of Mr. Jelks' outdoor performer's does not require the amount of work the handlers claim they
license on the City. If Council finds sufficient cause to justify perform; (7) the City provides all necessary equipment; (8) the
revoking or suspending the license, the former licensee may be overtime provisions of the collective bargaining agreement do
restricted from applying for a license for such time as the not apply to handlers. In mitigation of any damages which may
Common Council may determine but no longer than one (1) be awarded for car maintenance, the City assigned Department
year. vehicles to the handlers in 1996.
REFERRED TO THE COMMITTEE ON LEGISLATION If the plaintiffs prove they worked 2.44 hours for 365 days
(890.6 hours/year) and that they are entitled to overtime
NO.21 compensation at $33/hour, an individual handler could be
DETERMINEWHETHERDEBTSAREOWED awarded to $29,389 in damages for one year. Three years of
BEFORECONFIRMINGAPPOINTMENTS damages for one handler would be $88,169. Liquidated
C.C.P.,11/25/97,NO.127 damages (double damages) for one handler might be
C.C.P.,12/23/97,NO.132 $176,338. Maximum liability on wages for the 15 plaintiffs
This Honorable Body requests that the Corporation Counsel (2.44 hours x 365 days x 3 years x 2) is about $2,523,570
cooperate with the Department of Audit and Control and the ($2,645,070 minus $121,500 paid as allowances) , plus
Department of Administration and Finance to determine attorneys fees and costs. The proposed settlement is
whether nominees for any City board, committee, agency or approximately ten percent of the total exposure.
other body owe any debts to the City, with confirmation of such Given the outside liability, inherent risks of the court
appointments to be delayed until such City debts are satisfied. process, and trial costs, the Law Department recommends that
While the Corporation Counsel will cooperate fully with other the Common Council approve the settlement.
departments to identify debts owed by potential City REFERRED TO THE COMMITTEE ON CLAIMS
appointees, the Corporation Counsel has no advance
knowledge of appointments and learns of them when everyone FROMTHECOMMISSIONEROFCOMMUNITY
else (including this Honorable Body) does. DEVELOPMENT
The Law Department requests that this Honorable Body, NO.23
when it refers appointments to committee, also refer "BFLO.PLACE-REQ.HRG.REVOCATION-OUTDOOR
appointments (with their names and addresses) to this PERFORMER’SLICENSE"
Department and the Division of Collections, Department of ITEM#74,C.C.P.OCT.28,1997
Audit and Control, to determine what debts, if any, are owed to In response to the above stated Common Council
the City by that appointee. This Department will confer with the communication, I would like to supply your Honorable Body with
Division of Collections and report to this Honorable Body the following information. We in the Department of Community
whether an appointee owes any debts to the City and, if so, of Community, Development, Division of Inspections, Licenses
whether the debts are satisfied (either paid in full or subject to a and Permits have no test equipment to verify if the noise levels
current payment schedule). generated by street performers or other noises considered
RECEIVED AND FILED offensive are in violation of the City of Buffalo Charter and
Ordinance. To properly monitor the offending source and to
NO.22 establish a decibel level in contrast to the ambient noise level of
K-9UNITDOGS any given area requires sampling performed by an engineering
You requested additional information on the K-9 Unit firm certified to perform these types of tests. As for the hearing
settlement proposal. The lawsuit was commenced in June to consider revoking this gentleman's Licenses, this matter will
be handled upon request of a complainant and further evidence for the street overlays performed by the Department of Public
presented by the petitioners to the hearing for the possible Works on numerous streets in the City of Buffalo, as follows:
revocation of this required street performers license. It is my FROM: TO: AMOUNT:
sincere hope that this response satisfies your inquiry. CDBG 96-50215 100-401-404-81118 $403,449
REFERRED TO THE COMMITTEE ON LEGISLATION Mrs. LoTempio moved:
That the above communication from the Commissioner of
NO.24 Community Development dated December 29, 1997, be
NYSDEC-REGISTRY-HAZARDOUS received and filed; and
WASTEDISPOSAL-910FURHMANN That the Common Council accept a fund transfer in the amount
C.C.P.#58,12/9/97 of $403,449 from the Community Development Block Grant for
The Common Council asks for comments from the the street overlays performed by the Department of Public
Department of Community Development regarding DEC's Works on numerous streets in the City.
boundary modification of what has been commonly known as PASSED
the Outer Harbor Inactive Hazardous Waste Site, located on AYES 13 NOES 0
Fuhrmann Boulevard. This area is owned by the Niagara
Frontier Transportation Authority. NO.27
We are pleased that careful study of this site by the RESULTOFNEGOTIATIONS
Department of Environmental Conservation has resulted in 249MARYLAND
DEC's reduction of the size of the area of this property which is LOTSIZE:25'X116',25'SWTENTH
characterized as contaminated by hazardous waste. ASSESSEDVALUATION:LAND-$4,000
We look forward to the appropriate remediation of the The Department of Community Development, Division of In-
remaining hazardous waste area, with its nitrobenzene Rem Properties has received a request to purchase 249
contamination. The Council can be assured that any City Maryland Street from Mr. Louis P. Menza of 247 Maryland. He
involvement regarding the overall site will be, as it has been intends to purchase the lot and use as additional yard area.
with regard to other City properties, supportive of responsible The Department of Community Development has no objection
contamination management and appropriate reuse. to the sale. There are no existing code violations on property
REFERRED TO THE COMMITTEE ON COMMUNITY owned by the purchaser. The Division of Collections has been
DEVELOPMENT contacted. There are no outstanding taxes, water, sewer or
other liens owed to the City by the purchaser.
NO.25 An independent appraisal of the property was conducted by Mr.
HOMEFUNDS John Zukowski, SRA, Arrow Appraisal Services, 3790
384BROADWAY Broadway Street, Cheektowaga, New York. He has estimated
The property located at 384 Broadway will be redeveloped the fair market value of the property to be Seven Hundred
into a 25 units of permanent, supportive housing for formerly Dollars ($700) or 24 cents per sq. ft. The Division of In-Rem
homeless individuals living in the City of Buffalo. I am has investigated the sales of similar sales in the area. Sale
requesting $657,945.00 of HOME funds at 0% for 20 years. prices range from 24 cents to 49 cents per sq. ft. and Division
The owner is current with all City, County, Water bills, and Staff concurs with the appraisers estimate of value.
outstanding letters of violation for this property and all other The results of our negotiations are that Mr. Menza has agreed
properties owned either solely or jointly within the City of and is prepared to pay Seven Hundred Dollars ($700) for the
Buffalo. subject property. He has also agreed to pay for costs of the
H.E.L.P. Buffalo, Inc. is proposing to develop 25 units of appraisal, transfer tax, recording fees and cost of the legal
permanent, supportive housing for formerly homeless description.
individuals living in the City of Buffalo. The proposed site of the I am recommending that Your Honorable Body approve the sale
development if the former Buffalo Awning and Tent Building. of 249 Maryland Street to Mr. Louis Menza in the amount of
Located at the northeast comer of Broadway and Hickory. This Seven Hundred Dollars ($700). I am further recommending
abandoned three story structure is in close proximity to that the Corporation Counsel prepare the necessary
downtown, and has easily accessible transportation, services, documents for the transfer of title and that the Mayor be
and shopping in the immediate neighborhood. authorized to execute the same.
The building will be converted into housing with individual units REFERRED TO THE COMMITTEE ON FINANCE
arranged in apartment-style suites. Residential units will
occupy the top floors, while offices, program space and NO.28
handicap-accessible units will be located on the ground floor. RESULTSOFNEGOTIATIONS
H.E.L.P. will subject all applicants to a thorough background 308PEACH,130'SBESTSTREET
screening and interview process before they are accepted as VACANTLOT:25'X118'
tenants. In addition to being responsible for paying rent, ASSESSEDVALUATION:$1,400
tenants of the building will be encouraged to participate in all The Department of Community Development, Division of In-
aspects of building management and operation. Rem Properties, has received a request from Ms. Louvenia
Maintenance, security, and program services will be provided to Harris of 306 Peach Street to purchase the above captioned lot
ensure residential and community stability. Support services adjacent to her home. She intends to acquire and use for extra
for tenants will focus on promoting independent living through yard space.
economic independence, with an emphasis on education and The Department of Community Development and Collections
employment programs. On-site staff will provide direct have no objection to the sale. There are no outstanding code
services and linkages with service providers in the community. violations, taxes or other liens owed by the purchaser to the
H.E.L.P. plans to contract with local organizations to provide City of Buffalo.
these on-site services. An independent appraisal of the property was conducted by
DEVELOPER Able Associates, Mr. Dennis Walker, Appraiser. He has
HELP Buffalo, Inc., 30 East 33rd Street, New York, New York estimated the value of the property to be Six Hundred Fifty
10016 Dollars ($650.00). This represents approximately 22 cents a
Budget sq. ft. for the subject property. The Division of In-Rem
Acquisition costs 46,997 Properties concurs with the appraisers estimate of value.
Soft costs 231,701 Ms. Harris has agreed and is prepared to pay Six Hundred Fifty
Hard construction costs 1,204,767 ($650.00) for the property. She has also agreed to pay for the
Contingency 125,000 cost of the appraisal, transfer tax, recording fees and the cost
Equipment/Start up 49,480 of the legal description.
TOTAL 1,657,945 I am recommending that Your Honorable Body approve the
Funding Breakdown sale of 308 Peach to Ms. Louvenia Harris in the amount of Six
New York State HHAP 1,000,000 Hundred Fifty Dollars ($650.00). I am further recommending
HOME 657,945 that the Corporation Counsel prepare the necessary
TOTAL $1,657,945 documents for the transfer of title and that the Mayor be
REFERRED TO THE COMMITTEE ON COMMUNITY authorized to execute the same.
DEVELOPMENT REFERRED TO THE COMMITTEE ON FINANCE
NO.26 NO.29
PERMISSIONTOACCEPTFUNDTRANSFER TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
1996-1997STREETOVERLAYPROGRAM 97MORTIMER(CITYOWNED-VACANTLOT,DIMENSIONS
I respectfully request that Your Honorable Body accept a 20'X105')
fund transfer from the Community Development Block Grant The Department of Neighborhoods, Housing & Inspections
has surveyed the city-owned vacant lot at 97 Mortimer Street, hereby is authorized to issue change order no. 1 to Marcs
the parcel is 20' x 105' in dimension; and it has been Affordable Tree Service, an increase in the amount of $425.00,
determined that this parcel is inappropriate for either the as more fully described in the above communication, for work
construction of a new housing or the construction of a public relating to University District Tree Removal Contract. Funds for
recreation facility. this project are to be charged to Bond Fund Account 200-717-
Mr. David Hairston, residing at 99 Mortimer Street indicated 024.
that he will clean, improve and maintain the lot in the event that PASSED
he obtains title to the property under the Urban Homestead AYES 13 NOES 0
program.
We, therefore, recommend that the city-owned vacant lot to be FROMTHECOMMISSIONEROFSTREETSANITATION
designated as a Homestead Property and be transferred to Mr. NO.33
David Hairston on the condition that the property is cleared and GRASSCUTTINGINVOICETRANSFERS
improved within (6) months and maintained in a sanitary In accordance with chapter 341, Article I of the City
manner. ordinance, I am herewith attaching a list of parcels of land in
REFERRED TO THE COMMITTEE ON COMMUNITY the City of Buffalo owners or persons having charge of such
DEVELOPMENT lands and the cost of cutting grass weeds on these properties
by the Department of Sanitation during the months of June
NO.30 October.
TRANSFEROFTITLE,URBANHOMESTEADPROGRAM 1997 Total = $14,355.00
63MILLS(CITYOWNED-VACANTLOT,DIMENSIONS30'XREFERRED TO THE COMMITTEE ON FINANCE
113')
The Department of Neighborhoods, Housing & Inspections FROMTHECOMMISSIONEROFHUMANSERVICES,
has surveyed the city-owned vacant lot at 63 Mills, the parcel is PARKSANDRECREATION
30' x 113' in dimension; and it has been determined that this NO.34
parcel is inappropriate for either the construction of a new TREESAT64STANDISHROAD
housing or the construction of a public recreation facility. #89CCPOCT.14,1997
Ms. Cynthia R. Lewis, residing at 59 Mills Street indicated that On Council request, (#89 CCP Oct. 14, 1997) the City
she will clean, improve and maintain the lot in the event that Forester has inspected the trees at 64 Standish Road.
she obtains title to the property under the Urban Homestead The request for removal by J. Gugino due to problems with
program. allergic complications will not be undertaken by Buffalo
We, therefore, recommend that the city-owned vacant lot to be Forestry. This is a private property issue. The trees,
designated as a Homestead Property and be transfer-red to Cottonwoods, are not an immediate danger to the residents of
Ms. Cynthia R. Lewis on the condition that the property is the City. Our office is trying to remove trees that cause
cleared and improved within (6) months and maintained in a potential property damage and harm to residents rather than
sanitary manner. allergic reactions.
REFERRED TO THE COMMITTEE ON COMMUNITY Mr. Gugino can contact the Forestry Office for a list of
DEVELOPMENT contractors qualified to remove the trees at the homeowner's
expense.
NO.31 RECEIVED AND FILED
TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
161CHESTER(CITYOWNED-VACANTLOT,DIMENSIONSNO.35
25'X100') REQUESTFORAUTHORIZATION
The Department of Neighborhoods, Housing & Inspections TOBIDCONCESSIONS
has surveyed the city-owned vacant lot at 161 Chester, the We are requesting authorization to proceed with the
parcel is 25' x 100' in dimension; and it has been determined development of specifications and the advertisement for bids or
that this parcel is inappropriate for either the construction of a RFP for the following concessions for 1998: La Salle Park,
new housing or the construction of a public recreation facility. Foot of Ontario Street and Riverside Ice Rink,
Mr. & Mrs. Louis King, residing at 159 Chester Street indicated MRS. LOTEMPIO moved:
that they will clean, improve and maintain the lot in the event That the Commissioner of HUMAN SERVICES, PARKS AND
that they obtain title to the property under the Urban Homestead RECREATION be and hereby is authorized to bid or seek
program. request for proposals for the operation of the concessions on
We, therefore, recommend that the city-owned vacant lot to be 1998 at LaSalle Park, foot of Ontario Street and the Riverside
designated as a Homestead Property and be transferred to Mr. Ice Rink.
& Mrs. Louis King on the condition that the property is cleared ADOPTED
and improved within (6) months and maintained in a sanitary
manner. NO.36
REFERRED TO THE COMMITTEE ON COMMUNITY CERTIFICATEOFAPPOINTMENT
DEVELOPMENT Appointment Effective December 31, 1997, in
the Department of Human Services to the
NO.32
Position of Account Clerk Typist, Provisional at
UNIVERSITYDISTRICTTREEREMOVAL
the
Maximum Starting Salary of $ 25,495
CHANGEORDERNO.1
Barbara Lewis, 31 Carlyle Avenue,Buffalo 14220
I hereby request permission of Your Honorable Body to
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
increase the University District Tree Removal Contract by the
amount of $425.00. This will increase the contract with Marcs
FROMTHECITYCLERK
Affordable Tree Service to a total of $3912.50.
NO.37
The extra work, based on unit prices in the contract, was
LIQUORLICENSEAPPLICATIONS
requested by the City Forester to remove hazardous trees.
Attached hereto are communications from persons applying
I recommend that Your Honorable Body authorize the City to
for liquor licenses from the ErieCounty Alcohol Beverage
order the work on
Control Board.
the basis of the low bid. Funds for this work are available in
Address Business Name Owner's Name
Bond Fund Account 200-717-024.
2 Schreck St. Mystique's Eric McIlwain
That the above communication from the Commissioner of
RECEIVED AND FILED
Community Development dated December 23, 1997, be
received and filed; and
NO.38
That the Commissioner of Community Development be, and he
NOTICESOFAPPOINTMENTS-COUNCILINTERNS
hereby is authorized to issue change order No. 1, to Marcs
I transmit herewith appointments to the position of Council
Affordable Tree Service, an increase in the amount of $425.00,
Intern.
as more fully described in the above communication, for work
Mrs. LoTempio moved the approval of the appointments to the
relating to University District Tree Removal Contract. Funds
position of Council Intern.
for this project are to be charged to Bond Fund Account 200-
ADOPTED.
717-024.
Appointment Effective: December 30, 1997
Mrs. LoTempio moved:
in the Department of Common Council to the Position of Intern
That the above communication from the Commissioner of
IV, Seasonal-Non-Competitive, at the flat Starting Salary of
Community Development dated December 23, 1997, be
$6.00 per hr.
received and filed; and
Megan Dempsey, 781 McKinley Pkwy, Buffalo, NY 14220
That the Commissioner of Community Development be, and he
Appointment Effective: December 29,1997 in the Department at the Flat Starting Salary of $ 6.55 hr
of Common Council to the Position of Intern IV, Justina Irene, 62 Elmwood Avenue, Buffalo, 14201
Seasonal-Non-Competitive at the Flat Starting Salary of $6.00 Mrs. Lotempio now moved:
per hr. That the above item be and hereby is approved
Caroline Kooshoian, 404 Woodbridge, Buffalo, NY 14214 PASSED
Appointment Effective: December 29,1997 in the Department AYES 13 NOES 0
of Common Council to the Position of Intern V,
Seasonal-Non-Competitive, at the Flat Starting Salary of $8.00 NO.44
per hr. UNUSEDVACATIONTIME--JOYCEKUC
Jose Palma, 639 Busti Ave, Buffalo, NY 14213 (ITEMNO.63,C.C.P.11/12/97)
Appointment Effective: December 22, 1997 I have reviewed the communication from Joyce Kuc
in the Department of .Common Council, to the Position of regarding unused vacation time.
Intern V Seasonal, at the Flat Starting Salary of: $8.00 per hr. In response I have no right to unilaterally change
Michelle Maccagnano, 229 Summit Ave., Buffalo, NY 14214 terms and conditions of employment that are inconsistent with
the existing collective bargaining agreements. For your
NO.39 information I have attached pages 23-24 of the current Local
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT 650 Collective Bargaining Agreement, which specifically sets
Appointment Effective December 24, 1997 in the Department forth Vacation policies Section 7.6, which every member of
of Street Sanitation, to the position of Seasonal Laborer II Non-Local 650 has been given a copy of
Competitive at the Flat Starting Salary of $6.92/hr. REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DeJuaine Motley, 788 Fillmore Avenue, Buffalo, NY 14212
Appointment Effective December 16, 1997 in the Department NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
of Street Sanitation to the Position of Seasonal Laborer II at the REMONSTRANCES
Flat Starting Salary of $6.90/hr.
Ronald Ventola, 169 Virgil Ave., Buffalo NY 14216 NON-OFFICIALCOMMUNICATIONS
NO.40 NO.45
APPOINTMENTS-TEMPORARY,PROVISIONAL,ORJ.ALKATERI
PERMANENT COMMENTS-1715JEFFERSON
I transmit herewith certificates received by me, reporting (CCP#66-11/12/97)
seasonal and flat salary appointments made in various Attached please find comments from J. Alkateri, formerly J.
departments. Mohamed, regarding the property at 1715 Jefferson Avenue.
RECEIVED AND FILED. He is the present landlord of this property.
Appointment Effective: December 30, 1997 in the REFERRED TO THE COMMITTEE ON LEGISLATION.
Department of Public Works Division of Engineering to the
Position Of' Street Repair Worker Permanent at the Minimum NO.46
Starting Salary of: $23,622. CONCERNEDCITIZENSAGAINSTPOLICEABUSE
Victor Velardi, 238 Starin Ave. Buffalo, NY 14216 REQUEST-RESOLUTIONBANNINGUSEOFPEPPER
Appointment Effective January 5, 1997 in the Department of SPRAY
Law(Corporation Council) to the Position of Assistant Concerned Citizens Against Police Abuse
Corporation Counsel I/Muny Attorney, Permanent at the: respectfully requests the Common Council of the City of
Minimum Starting Salary of $39,857.00 Buffalo enter an immediate resolution banning the use of
Carmen Gentile, 474 Seventh St., Buffalo, NY 14201 pepper spray by the Buffalo Police Department, any of its
Appointment Effectiv December 15, 1997, In the Department employees, as well as any security, NFTA, BMHA or anyone
of Law (Corporation Counsel) to the Position of Assistant under the jurisdiction of this City Council, until the Justice
Corporation Counsel II, Permanent-Non-Competitive at the Department has completed its investigation and has made
Minimum Starting Salary of 48,567.00/yr. available to this Council, its findings and recommendations.
Darryl McPherson, 600 Main Street, Suite 901,Buffalo, New CCAPA further requests that this Council review all
York 14202 policies addressing pepper spray and its usage, effects and
Appointment Effective: December 31, 1997, in the medical treatment protocol for humans as well as the training of
Department of Administration and Finance Division of Parking all persons authorized to use pepper spray.
Enforcement the Position of Typist, Temporary at the: Minimum CCAPA requests that this Council require that the
Starting Salary of: $21,917 Police Department and its officers provide inventory and
Darlena McIlwain, 144 Weston Avenue, Buffalo 14215 purchase orders as well as sign in and forms documenting
their officers' use of pepper spray (to include frequency). An
NO. 41 itemized list as to each officer's use and date of occurrence as
CERTIFICATE OF APPOINTMENT well as medical statistics should be included. A breakdown of
YOUTH COURT PROGRAM COORDINATOR each precinct should be included along with a master profile
Appointment Effective: January 1, 1998 in the Department of detail.
Human Services, Parks & Recreation, Division of Youth, to the CCAPA also requests that this Council require
Position of Youth Court Program Coordinator, Temporary, at information and policies on strip searches, removal of and
the: Flat Starting Salary of $ 40,254/yr withholding of clothing from prisoners at Police Headquarters
Lamont Burley, Sr., 12 Norway Park, Buffalo 14208 and their transport to the Holding Center. It may be noted the
Mrs. Lotempio now moved: parading of victims, naked in front of female-male officers
That the above item be and hereby is approved. CCAPA also requests that BPD policies on
PASSED domestic violence, substance abuse (to include alcohol) and
AYES 13 NOES 0 treatment, violation of weapons use, to include any officer,
while under the influence of any substance (legal or illegal)
NO. 42 against fellow officer or citizen, be provided, for inspection and
CERTIFICATE OF APPOINTMENT discussion.
COMM. FIELD WORKER (YOUTH COURT) All requested information should include level of
Appointment Effective: January 1, 1998 in the Department of disciplinary actions and the decision making processes
Human Services, Parks & Recreation, Division of Youth followed and reason. It would be worthwhile to evaluate the
to the Position of Community Field Worker (Youth Court), PBA's and City's bargaining risk factor in all of the above.
Temporary at the Flat Starting Salary of $ 6.55 hr We respectfully request that this Council refer to
Priscilla A. Roberson, 33 Gail Avenue, Buffalo, 14215 prior letters and set an agreed upon time to hold lengthy
Mrs. Lotempio now moved: hearings on Police Brutality and Police Misconduct that
That the above item be and hereby is approved continues to impact disproportionately, people of color and the
PASSED inner city. But not withstanding.
AYES 13 NOES 0 REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 43 NO.47
CERTIFICATE OF APPOINTMENT CRANE-HOGAN
COMM. FIELD WORKER (YOUTH COURT) CHANGEORDER-BFLO.PARKINGGARAGE
Appointment Effective: January 1, 1998, in the Department of (CCP#62-12/23/97)
Human Services, Parks & Recreation, Division of Youth, to the This letter is a follow up to your recent decision not
Position of Community Field Worker (Youth Court), Temporary, to nullify the change order for the above referenced project.
Thank you for your efforts. In the past few days I have had a of dedication to the City of Buffalo.
chance to reflect on this matter now that the "smoke" has This project was the highest volume of work ever
cleared and I felt it necessary to clarify a few points for the performed by our firm in the shortest time frame. We did a
record. very good job despite all that was involved. We would not have
Our firm bid this very difficult and demanding had the same result if Mr. Gallagher was not involved. For all
contract that was divided into four separate bids. We the blame that has been cast, I hope you can also give credit
competitively bid against ten other contractors. Our price was where it is due.
much lower than any combination of the other contractors I hope the information I have supplied in this letter
because this type of work is what we are experienced and gives you a more complete understanding on what this project
specialize in. Our firm also needed work badly and thus we bid was all about. I have been involved with over 150 other parking
very aggressively. There was never any means or opportunity garage jobs over the past twenty years but never on one that
to "leverage" a low bid into any sort of future benefit. Unit bid one man accomplished so much or had such a complete
contracts only yield the quantity of work performed at the unit command over the administration and construction aspects.
price bid. Now that the project is over and all issues have been settled, it
We were the successful low bidder on all four is obvious that I would have no torch to bear or reason to glorify
contracts which required the implementation of an "economy of Tom Gallagher. I am only doing what should be done by
scale" deduct of $116,000.00 to the City if all four contracts writing this letter and saying what should be said. I'll get off of
were awarded to Crane-Hogan. The City decided not to award my soap box now, thanks for your time.
all the contracts but still deducted the economy of scale value RECEIVED AND FILED.
of $106,000.00 on a proportionate basis. This was obviously a
very aggressive financial maneuver by the City, but NO.48
contractually incorrect. Crane-Hogan reluctantly gave up our ERIECOUNTYLEGISLATURE
rights to this $106,000.00 in our settlement letter to the REALLOCATIONOFFUNDSFORDEMOLITIONOF
Common Council of December 1, 1997. COUNTY/CITYPROPERTIES
Our project consisted of nine parking garage WHEREAS, The health of the overall region depends
restorations or reconstructions valued at $4,000,000.00. The on the strength of its urban core and inner ring suburbs,
repairs to these garages were slated to overlap over a seven coupled with sustainable development of the edge suburbs,
month fast track schedule that had all nine garages under and
repair at the same time throughout mid and late summer. WHEREAS, One damaging trend of urban sprawl is
As already established, the original investigation of the exodus of population from the aging housing stock of the
deterioration on these garages by the Design Engineer was a core and inner rings outward to new housing on the edge,
low cost, non scientific manual process, typically utilized leaving vacant and dilapidated housing in its wake, and
throughout our industry. Elapsed time, access and other WHEREAS, Regionalist David Rusk, in his
negative elements added to the Engineer's inadequate quantity presentation at the Legislature on August 1, 1997 stated, "The
projection. This was a problem that neither Crane-Hogan nor First Rule of Urban Sprawl: The greater the rate of sprawl
the Parking Board was aware of but unfortunately had to handle (relative to population growth), the greater the rate of
and resolve in the midst of performing this project. abandonment of core communities (i.e. central cities and many
When typically rebuilding a parking garage, the older suburbs)," and
method of repair is to work your way down the garage from top WHEREAS, The aforementioned abandoning of
to bottom, enclosing portions of floors for repair and protection. housing weakens the property values and livability of these
All work is done while the garage is still functioning with neighborhoods until critical mass is reached where demolition
vehicular and pedestrian traffic still very active. Once the repair of these properties is necessary, and
process has started it cannot easily be economically or WHEREAS, The demolition of these properties helps
logistically reversed or terminated. to prevent further decline of the neighborhoods by removing
With all nine garages under repair, we were finding havens for criminal activity, as well as by eliminating one
overages in quantity projections for various items on some of reason for others still in the neighborhoods to leave as well, and
the floors in some of the garages. We could not get a reliable WHEREAS, Once these properties have been,
basis for a real projected overrun until we proceeded farther demolished there is land available for new housing to be
into the project while opening up new floors and areas. As we constructed, thereby providing an up-to-date, market-rate
proceeded we found some quantities and items under running alternative to locating in the edge communities, and
but more quantities over running. In late summer all we could WHEREAS, This inward redirection of development
do is guess that we would over run but could not project any plays a role in stemming the tide of sprawl by effectively
accurate value. Finally in September a reasonable estimate reusing brownfield land within the region instead of
(within 20% +) of over runs could be and was projected, but constructing on greenspace at the region's edge, and
there was still confusion involved in as much as $200,000.00 of WHEREAS, This demolition and neighborhood development is
potential extra work. This was not an easy task and the margin especially helpful in neighborhoods which border two
for error was unusually large. municipalities as the problems of urban blight are not limited by
Our willingness to work through these constant jurisdictional boundaries, and
changing conditions, increasing our burden of work on repair WHEREAS, For all these reasons the demolition of
items that were bid very low, was only due to the cooperation, properties and subsequent neighborhood development within
coordination and professionalism of Mr. Tom Gallagher. Mr. the central city both benefits the urban core, the inner ring
Gallagher made a difficult, unwanted situation bearable suburbs, and the communities, therefore making it a truly
because of his management style, his calming and confident regional plan, and
demeanor, and his construction knowledge. For a one man WHEREAS, The City of Buffalo has undertaken an
department, he was everywhere, putting out fires, solving effort to demolish properties and build new, market rate
contractor, tenant and user problems, and keeping all parties housing, and
tuned in and turned on to the very demanding and ever WHEREAS, The Erie County Legislature was
changing schedule. Tom Gallagher is the reason we were able briefed on this project in the December 9, 1997 Finance and
to perform 25% more work at all hours of the night and day Management Committee meeting by Buffalo Department of
within the same contract time frame as originally requested by Community Development Commissioner Alan DeLisle, and
the City. He accomplished this while taking less area than WHEREAS, The County Municipal Consolidation
prescribed in each garage on the Cities' behalf which allowed Committee determined that collaboration between the County of
more parking convenience for the daily parkers as well as Erie and the City of Buffalo to demolish 71 properties within a
higher than projected parking income. one-mile perimeter along the Buffalo, Cheektowaga, Sloan and
I realize Mr. Gallagher was somewhat late in his West Seneca municipal borders at a cost to the county of
request for additional change order funding and that this was $600,000 would be an appropriate use for a portion of the
the main focus of your nullification. You do however need to funds allocated by this Honorable Body for consolidation efforts
know he was overwhelmed with managing the numerous between the County of Erie and the City of Buffalo, and
aspects of nine garages under construction while in use, and WHEREAS, Douglas Henton of the firm
each with critical decisions and direction needed on an hourly Collaborative Economics correctly noted at the Chautauqua
basis. During this time he also was continuously gathering Conference of Regional Governance that consolidation can be
quantity information as fast as possible to keep the Board of a part of collaboration, and that "a region's total assets are
Parking informed on an ongoing basis and so he could go maximized through collaboration,"
before the Council with one, comprehensive request. NOW, THEREFORE, BE IT
Obviously his timing and approach was not acceptable to your RESOLVED, That the Erie County Legislature,
organization. Please be aware, however, his failure to satisfy following review of the City of Buffalo's housing demolition and
you was not from a lack of effort, extra hours worked, or a lack neighborhood development plan, does hereby authorize the use
of $600,000 from 1997 County budgeted appropriations, with at the Council's Legislative Committee meeting on Tuesday,
said funds to be drawn from the countywide contingency December 30.
(DAC:110923310893), and be it further For your information, according to our business
RESOLVED, That this Honorable Body does hereby records, there has been no active natural gas account at 1715
authorize Erie County Executive Dennis Gorski to enter into Jefferson Avenue (lower) since September 24. 1996,
contractual agreement on behalf of the County of Erie with the If you need any further information. please do not
City of Buffalo to effectuate this transfer of funds, and be it hesitate contact Mr. Poole at 857-7780.
further RECEIVED AND FILED.
RESOLVED, That certified copies of this resolution be
forwarded to Erie County Executive Dennis Gorski, Erie County NO.54
Budget Director Kenneth Kruly, City of Buffalo Mayor Anthony M.NIMAN
Masiello, City of Buffalo Community Development COMMENTS-NEWSARTICLE-PARLATOREALESTATE
Commissioner Alan DeLisle, and City of Buffalo Clerk Charles I am writing to correct the public record with regards
Michaux III. to a document titled,
"An Interview With Parlato Employee -
Fiscal Impact: $600,000 allocation of 1997-budgeted funds.
filed by Fillmore District Council member David
Mike Niman, "
REFERENCE: Int. 27-9
Franczyk as part of
"An Analysis of the Business Practices of
AS AMENDED: 12/18/97
which
Frank R. Parlato Jr. and His Real Estate Corporation, "
RECEIVED AND FILED.
is an addendum to a resolution dated December 9, 1997,
calling for an investigation of Frank Parlato Jr.
NO.49
Fore , is the fact that I was never interviewed for this
D.JELKS
report, nor did any person ask to interview me, nor did I ever
RESPONSE-REVOCATIONOFOUTDOORPERFORMER'S
agree to be interviewed by anyone. The cited interview never
LICENSE
took place. Furthermore I am not an employee of Frank Parlato
CCP#74-OCTOBER28,1997
nor do I have any authority to speak for Frank Parlato Jr. or any
Attached please find a response from Daniel Jelks concerning
of his businesses. For the sake of disclosure, Frank Parlato Jr.
the matter of the Revoking of his Outdoor Performer's License.
contracted with in 1994 and 1995 for
Mike Niman Consulting
REFERRED TOTHE COMMITTEE ON LEGISLATION
land use planning and marketing services for Tri-Park Estates,
a wildlife preservation area/greenspace development in
NO.50
Hamburg, N.Y. At the same time he contracted for public
KAUFMAN’SBAKERY
relations services for his lobbying efforts to create public parks
RESPONSE-UPDATESTATUSONPOWERFORJOBS
on 18 Mile Creek in the town of Clarence, Buttermilk Falls in
APPLICATION
the town of Hamburg and at Sturgeon Point in the town of
This letter is to provide you with a status report on
Evans. I am currently employed as a professor by the State
Kaufman's application for low cost power under the Power for
University of New York and also work as a freelance journalist,
Jobs program.
ethnographer and author.
New York Power Authority representative Charles
According to David Franczyk, the fabricated
Fisher informed us on December 16, 1997 that Kaufman’s did
interview was based upon a private discussion I had with
not receive an allocation of low cost power at the December
Michael Kuzma, an aid to County Legislator Greg Olma. The
1997 Power Allocation Board meeting. Mr. Fisher stated that
discussion focused upon my speculation as to Dave Franczyk's
five companies received an allocation. He did not disclose the
motivation for his persecution of Frank Parlato Jr., as Franczyk
names of those companies. Mr. Fisher informed us that
had recently launched an attack in the media against Parlato
Kaufman's application will be reconsider at the January 1998
despite his failure to find any conclusive evidence to back up
meeting.
his charges. Although this speculation was the focus of my
Management believes that it is critical that Kaufman's
discussion with Kuzma, he did not report this in his fabricated
receive low cost power to remain an employer in New York
"interview." At the time of our discussion I was acting as a
State. Kaufman's employs 247 New York State residents, of
private citizen ruminating upon the actions of a public figure - I
which 50 percent reside in the City of Buffalo. Approximately
did not intend to put the weight of my professional credentials
37 percent of its employees are minorities.
behind any statements I made during this informal discussion
We thank you for your continued support and efforts in
as I, much like Dave Franczyk, was not presenting any
assisting us with our attempts to receive low cost power.
conclusive findings.
REFERRED TO THE COMMITTEE ON FINANCE.
While Kuzma's fabricated interview attempts to recreate select
portions of our discussion, it fails as it misconstrues many of
NO.51
the facts I brought up. Operating without the benefit of the
EAF-REVISEDWATERFRONTGREENWAYORDINANCE
recording instruments employed by an actual interviewer (e.g.
I request that the attached environmental
Paper, pencil, tape recorder), Kuzma's recollections seem
assessment of the revised Waterfront Greenway ordinance be
hazy. For instance, I told Kuzma that I thought many of the
filed for the January 6th meeting of the Buffalo Common
houses Parlato are in such bad shape before he fixes
buys
Council.
them, that they could not be mortgaged, hence had to be sold
REFERRED TO THE COMMITTEE ON COMMUNITY
to a cash buyer such as Parlato who would renovate them so
DEVELOPMENT.
that a buyer could obtain a mortgage. Kuzma's recollection,
however, has me saying that mortgages cannot be obtained on
NO.52
many of the houses Parlato The truth is, I am not
sells.
MARINEMIDLANDARENA
qualified to provide this information as I am not really familiar
OPERATINGAGREEMENT-CROSSROADSARENA
with Parlato’s business - I am however, allowed to speculate in
This letter shall constitute notice to the Principal Public
private as I was with Kuzma. Kuzma also quotes me as saying
Participants (as defined in the Operating Agreement) pursuant
"Parlato is giving people the dream of home ownership." In
to Section 3.02A of the Operating Agreement of a proposed
actuality I said "Parlato is helping people achieve the dream of
License Agreement between Crossroads Arena LLC and
home ownership." a dream and a dream are
Giving achieving
Niagara Falls Gamblers, Ltd. for the playing of Lacrosse games
very different things indeed.
at Marine Midland Arena, commencing in 1998. In accordance
Kuzma also makes reference to a report I authored
with Section 3.02A of the Operating Agreement, each Principal
concerning Parlato's business activities in 1992 while I was
Public Participant shall be deemed to have consented to the
working with the Broadway Fillmore Area Block Club Coalition.
enclosed agreement unless such Principal Public Participant
At the time I condemned some of Parlato's practices. After the
has delivered to Crossroads Arena LLC, within 30 days after its
report was released, I met with Frank Parlato Jr. at the urging
receipt this notice, a written objection to such agreement
of his attorney, Joseph Sinkewicz. I explained my concerns to
identifying commercially reasonable or significant public policy
Parlato who promised to act upon them. To the best of my
reasons for such objection.
knowledge he has addressed the issues I brought up and I am
REFERRED TO THE AUDITORIUM/STADIUM TASK
generally satisfied with his business practices today.
FORCE.
Had David Franczyk unearthed any incriminating
evidence against Frank Parlato Jr., I certainly would not defend
Parlato. The truth remains, however, that after three years of
NO.53
investigating Parlato at taxpayer expense, Franczyk's team has
NATIONALFUEL
not been able to substantiate their charges. While Parlato is
HEARINGON1715JEFFERSONAVENUE,BUFFALO
guilty of the same "crimes" any businessperson is guilty of in a
(CCP#66-11/12/97)
capitalist society, Franczyk is not applying this Marxist
In response to your letter to Robert 0. Poole, dated December
yardstick to other business people in the Fillmore district.
1996, National Fuel will not have a representative in attendance
Hence, while rent-to-own appliance shops gouge Franczyk's
constituents with impunity, Parlato, who sells houses with supposed treasurer, and paid Thomas $300 more than a local
mortgages that are typically equal to or lower than rental minority painter bid on the project.
payments, is singled out for attack by Franczyk. LOANSHARK BORROWING
Once again, please let the record show that the so Meldrum, it turned out, was the treasurer in name only, having
called "interview" with me never occurred and the information little success in wrestling either the checkbook or financial
presented in this document should not be attributed to me. records from Parlato's control. Parlato, without consulting
With this in mind, I would also suggest careful scrutiny of all anyone associated with Neighbors Inc., quietly financed the
the information presented in this report. Furthermore I support project at 124 Ruhland by borrowing in the name of Neighbor's
Frank Parlato Jr.'s suggestion that a third party conduct a Inc., $6,000 from Sam Burruano, Buffalo' s former Director of
formal review of Frank Parlato Jr.'s Real estate activities so that Real Estate. Parlato agreed to pay Burruano 20% interest on
these charges against him can once and for all be put to rest. the loan.- Parlato then paid Burruano's son, an attorney, $200
The real issue here is a government official using the of Neighbors Inc. money to write up a mortgage on 124
apparatus of the state to torment and Harass a private citizen. I Ruhland to back up his father's loan.
believe this is called tyranny. When Meldrum learned of the loan arrangement, he quickly
REFERRED TO THE COMMITTEE ON FINANCE. contacted other community activists associated with Neighbors
Inc., who confronted Parlato. Parlato claimed 20%, which
NO.55 amounted to more than 7 times the going rate for a savings
MICHAELI.NIMAN account, was a fair loan rate for a "risky" investment. Yet the
ADDITIONALCOMMENTS-PARLATOREALESTATE investment was secured, at an additional expense to
While Buffalo celebrated real estate developer Frank Parlato Neighbors, through a mortgage. Parlato admitted that he didn't
Jr.'s apparent metamorphose from 'slumlord' to 'slumbuster,' borrow at the same high rates in his for-profit development
some community activists remained skeptical. Evidence now business.
indicates that his three month old organization, Neighbors The additional cost created by private party loans at inflated
Incorporated, may just be a sophisticated slumlord scam. rates would eventually add to the cost of the homes and be
Neighbors Incorporated, which was supposed to be bankrolled passed on to the low income home buyers who the program
with a $90,000 personal (Parlato) equity line and a $600,000 was purportedly created to help. Hence, this was the first
line of credit Parlato claimed to have with M&T Bank, Key Bank example of Neighbors Inc. serving to use money from low
and Marine Midland Bank, set out to transform vacant east side income homebuyers to line investors' pockets. The amount of
properties into rehabilitated owner-occupied homes for low money involved, if Parlato met his goal of processing 300-500
income families. Neighbors Incorporated, Parlato argued, such houses, would be a windfall for Parlato's lenders, who
could use private funds and be free from the bureaucratic might feel inclined to pay the favor back in-kind.
pitfalls and restrictions that publicly funded housing When confronted, Parlato augmented Burruano's
organizations face. Hence, the argument went, they could $6,000 with $11,000 he claims was "borrowed" from his
move quicker and be more effective. Revenue from home children's college fund. Embarrassed by the Burruano loan,
sales was supposed to roll over into new home rehab projects Parlato dismissed his original idea of paying himself 10% and
and, to sweeten the pie, Parlato, who describes himself as a made his loan interest free, for the time being. Meldrum, the
"greenspace developer," promised to use "half" of this money supposed treasurer, was never consulted in any of these
to plant trees and develop pocket parks in areas adjacent to the decisions or transactions. Absent from this scenario all
rehabed homes. together, was the legitimate bank financing Parlato initially
In an effort to gain legitimacy for his plan, Parlato set out to claimed to have.
recruit respected community leaders such as Broadway TREES, CARS, WHAT'S THE DIFFERENCE?
Fillmore Neighborhood Housing Service director Bob Shortly after sealing the deal with Burruano, Parlato made
Sienkiewicz, block club organizer Bob Meldrum, public housing another deal in the name of Neighbors Inc., this time, buying
advocate Dick Kern, and block club leader Rev. Channell and insuring a late model Oldsmobile Cutlass Sierra for his
Garrett. Sienkiewicz, skeptical from the start, agreed to act in personal use. Moving ever further from his original goal, as
an advisory capacity, but warned Parlato that he'd expose him stated to the Buffalo News(9/7/93), of-using "half" of
at the first sign of wrongdoing. "Despite Parlato's questionable Neighbors' money[proceeds] "for planting trees, developing
reputation," Sienkiewicz says, "the project had positive gardens and creating access to beautiful things in the city,"
potential. It was clearly a good idea." Sienkiewicz says he Parlato had Neighbors outfit his car with a new $700 Pioneer
wanted to "get close enough to keep an eye on it while hoping stereo system. Parlato, "the Hindu-inspired housing advocate
for the best and preparing for the worst." (Buffalo News 10/3/93)" who on September 19,1993 told the
Meldrum saw Parlato, a reformed 'slumlord' seeking to join the Buffalo News, "My experiences as a penniless wanderer
"slumbusters" in building a base of home ownership, as a helped me develop a genuine love for people ... Before that, I
positive role model for other slumlords. He didn't want to was more selfish," neglected to inform anyone associated with
dismiss Parlato out of hand, and risk losing the program and Neighbors about his pressing need for high fidelity.
Parlato's $600,000+.to another community. "Everyone When questioned about the car, Parlato claimed it was a
deserves a chance to come clean," Meldrum said at the time. personal donation from him to Neighbors, yet it actually
Like Sienkiewicz, Meldrum was skeptical. Never-the-less, he appears to be financed, in Neighbors' name. Even as a
joined forces with Parlato to become both co-founder and donation, however, it would still be a scam, since it would allow
treasurer of Neighbors Incorporated, while at the same time Parlato to write his own personal car off his taxes as a
vowing to keep a watchful eye on Parlato's dealings. "charitable donation."
Shortly thereafter, Neighbors acquired their first property which By late October, Parlato started getting bold, pressuring
they bought for $500, well below market value, from the federal Meldrum to write a letter to Judge Sedita asking for leniency for
insurance program, FREDDIE MAC. The rehabilitation of Parlato's friend.- convicted Slumlord Norman Bakos who was
this house, a vacant two family home located at 124 Ruhland facing sentencing for his crimes. Meldrum refused. One week
Ave needing only minor repair, became Neighbors' pilot project. later Parlato, a supposed philanthropist who publicly stated he
Upon acquiring 124 Ruhland, Parlato quickly acted, doing had nothing to gain from his association with Neighbors,
what he does best. He created a public relations event by suggested putting himself on the payroll as Executive Director,
hiring 8 unemployed neighborhood residents to rehab the commencing in January. Meldrum, who was working full time
building, and calling a press conference at the site, complete as a Neighbors Inc. volunteer became disgusted.
with free hot dogs. The media spin was impressive. Within During the last week of October, Meldrum became suspicious
one month Parlato had a house in hand and began to make about check #122, which was missing from the Neighbors Inc.
good on his promise to hire several dozen" neighborhood checkbook, and questioned Parlato. Parlato claimed to know
residents. Eight workers, however, while looking impressive on nothing of check #122, saying it must have been "misplaced."
television, proved too many to efficiently scrape a small house, When Meldrum called the bank, however, they reported it was
especially without proper tools or training. Neighbors spent cashed for $1,300. The $1,300 Neighbors Inc. check, drafted
approximately $2,600 to scrape the house and then, after the by Parlato, was cashed by Ken Thomas. On November 4th,
media moved on, laid off most of the crew. In all, it was a Parlato told television news reporters that Meldrum signed
rather expensive media shot, to be paid off by the party-who check #122 and that Meldrum in fact signed all the Neighbors
eventually purchases the property. While Neighbors' crew was checks. The paper trail, however, exposes Parlato's allegation
working, they were not covered by workmens' compensation as a lie, since Meldrum's name does not appear on the
insurance, nor did Parlato make FICA contributions or questionable checks.
deductions on their behalf. Parlato, acting for Neighbors Inc., hired Thomas in
After dismissing the neighborhood workers, Parlato hired his mid October to rehabilitate one of absentee landlord Russ
long time associate, Ken Thomas, an unlicensed and Perla's properties located at 141 Wende Street. Thomas, who
uninsured contractor, to finish the exterior painting on Ruhland still was unlicensed and uninsured, in turn, hired laid off
Ave. Again, Parlato moved without consulting Meldrum, his members of the Neighbors Inc. painting crew to work on the
Perla house. Crew members, the only neighborhood residents fallen African American historical figures are ghettoized in the
to gain employment from the Neighbors project, were being inner city; the same place where Parlato wants to begin his war
used to cut asbestos without being given proper cutting tools, on racism.
respirators (masks), or other pieces of protective equipment THE CON-ARTIST PARLATO
required for asbestos work. Thomas had taken out no building The 'dinner for a hundred' is image crafting; damage
permits, nor did he pay workman's compensation or FICA. control after the recent de-legitimization of Neighbors Inc.
According to Parlato, Neighbors was now moving into a new Those who have had dealings with Parlato agree he is a slick
dimension of service: fixing up rundown absentee owned operator. His craft is manipulating those around him. His first
properties and selling them to low income home owners. Russ step is often cerebral reconnaissance - trying to find out his
Perla's house at 141 Wende was to be the first. Once again, subject's desires or life goals. This takes the form of a simple
Parlato acted without consulting anyone associated with observations or outright questions such as: "where do you see
Neighbors Inc. The plan, according to Parlato, was to bring the yourself in five-years?" or "What do you want out of life?"
houses up to "Neighbors Inc. standards," and then peddle Parlato then opens fire with a melange of promises: to help
them for the landlords. Thomas' crew on Wende, however, publish a book, get-a friend out of jail, fund an alternative
was preparing the house much as an unscrupulous used car monthly newspaper, find a dreamhouse, create a job, etc.
dealer would prep a car for sale. The repairs were cosmetic, The two most commonly used weapons in his arsenal are
not structurally sound. He painted without using primer, flattery, and when that fails, bribery. Flattery being cheaper
painted over rotting wood, and put a new roof over two already than bribery, is of course the first avenue of recourse. His
decomposed roofs. The house, which was rehabed up to attempts to silence this author, as an example, ranged from,
Parlato's standards, still had approximately 35-40 housing code "Mike., you're a true genius," to "Mike, I'd like to put you on the
violations, including foundation problems, sagging floors and a payroll as a consultant." When these strategies fail, he resorts
collapsing porch roof. to threats, "I'm sure I can find dirt on you, on your friends."
Thomas' crews, working under Parlato's direction Most recently, Parlato alluded that he would taint opponents
and the Neighbors Inc. banner, began a similar rehab project at with the stigma of "racism."
122 St. Louis, which is owned by Michael Lewin. Lewin was Parlato, the con-man, has so far shown great
the target of the Broadway Fillmore Block Club Coalition's first success in managing the press. None of the allegations
anti-slumlord picket. Parlato-has also recently announced that presented in this article, for instance, while commonly known
Neighbors Incorporated is entering into a pact with convicted and easily proven, have tarnished his 'slumlord turned messiah'
slumlords Norman Bakos and John Kausner (both sent to jail media image. To listen to Parlato, reporters such as Jim
for housing violations) to mark et their properties to low income Heaney of The Buffalo News, are like putty in his hands, with
victims. Many of these properties are run down beyond repair, Parlato falsely claiming to pen their stories for them. A quick
having been bled of all their worth through years of neglect. read of some of these stories, however, can only leave one
THE ANTI-RACIST PARLATO wondering.
East Side block club members have repeatedly accused "NOT FOR PROFIT"
Parlato of involvement in blockbusting. Parlato, cognoscente of Despite Parlato's flurry of activity and sleazy deal making, the
these charges, is image conscious, Like many suspected original Neighbors Inc. Board of Directors never held an initial
slumlords and blockbusting real estate agents, Parlato board meeting, elected officers or adopted by-laws. According
perpetually claimed to be an anti-racist while simultaneously to Parlato, the original 501(c)3 New York State chartered not-
being accused of profiting from exploiting black homebuyers for-profit corporation had only three board members: Parlato,
and destabilizing the neighborhoods where they invested. Bob Pope,,(an employee of Parlato Realty), and Bob Meldrum.
Parlato is still playing the race card. In an effort to Had the board ever met, Meldrum". the only community
defuse current criticism, he has insinuated that those who representative, would be outvoted by Parlato and his paid
would, question his actions, at this point a multi-racial group of assistant [in a recent Challenger article, Pope is described only
community activists, might somehow be racist. Parlato as "a Buffalo housing counselor for 18 years"]. The Advisory
continues to flank himself with African Americans, allegedly Board, which Parlato paraded before the press and in his
hired for photo opportunities, much as he hired a black crew to literature, was a powerless body no longer involved in decision
work on Ruhland Avenue during a television shoot. Yet he making. They met a few times in August and early September,
denies African Americans associated with his endeavors an then were written out of the picture as work on Ruhland got
autonomous voice. Parlato himself lives in a segregated white underway. Parlato explained to this author that meeting with
upper middle class neighborhood in Hamburg, New York. them was an unproductive waste of his time. In Parlato's
The new "anti-,racist" Parlato, like the old yuppie words, "They [were] difficult people to work with ... there's really
Parlato, profits from racial discord, both 'coming and going.' no need to consult with them."
White flight, which has created what Parlato calls a "buyer's By incorporating, and eventually controlling, his own not-for-
market" in the inner city, has also increased the demand and profit corporation, Parlato is opening the way for ail sorts of tax
hence the prices on economically homogeneous suburban breaks. Parlato, for instance, has resisted allowing Neighbors
subdivisions. Parlato Real Estate and it's subsidiaries profit Inc. to move to its own East Side office, despite the ample
from buying inner city houses at rock bottom prices and availability of low cost space. Keeping Neighbors located in the
reselling them at a premium, while Parlato the developer cleans Parlato Realty Building on Grant Street, however, opens the
up on marketing suburban developments to the fleeing whites. door to a host of tax write-offs for donated space and inkind
A former Parlato employee described how Parlato services. Telephone lines, office equipment costs, and even
would make 200% to 300% profit on houses "he would buy in labor costs at the Grant Street office could be potentially written
the morning and sell in the afternoon." The employee explained off as contributions to Neighbors. Equipment used by Parlato
how he was instructed to guide city inspectors around the Realty, such as their TRW credit terminal, can be put into the
properties, steering them away from uncorrected violations. name of Neighbors Inc. much the same way as Parlato's car.
Parlato's repairs, he claimed, when they were made, were A SLUMLORD SCAM
usually of the lowest quality and primarily cosmetic. These For Parlato and the slumlord crowd, Neighbors Inc. is an
houses were then marketed to African American buyers ingenious scam. For starters, the free advertising and
through advertisements and adverticles in The Challenger and priceless public relations has paid off, with, according to
The Criterion. The most recent round of 'Parlato on Parlato' Parlato, more than 700 houses being offered up for sale.
puff pieces, written as if penned by a third party, appeared in Compliment this with more than 150 eager buyers (Buffalo
mid-November. News 10/3/93) and you have an active real estate business - so
Parlato, strategically moving for high ground in the active in fact, that Parlato Real Estate cut back their
battle of racial rhetoric, organized a 'dinner for a hundred conventional advertising.
people' to combat racism through inter-racial dining and Parlato can glean the best offerings for his for-profit parallel
discussion. While possibly giving Parlato a sparkle in the business, Parlato Realty. Parlato went as far as to suggest to
media spin cycle, the dinner, held on the east side, doesn't Meldrum that Parlato Realty pick up the slack from Neighbors
address the serious problems of racism. A more apropos Inc., an idea Meldrum quickly shot down. Parlato, however,
venue would be Parlato's own backyard in the white burb of was still coveting properties offered to Neighbors. When one
Hamburg, where racism abounds amid misconceptions and Lancaster based east side landlord called Neighbors Inc. and
ignorance. Contrary to bourgeois fallacies, it is not the 'poor-offered to sell a solid house at a reasonable price, a
folks in the ghetto' who are the driving force behind American representative from Parlato Real Estate called back to discuss
Racism. Parlato himself refused to consider naming streets in buying it.
his new Hamburg subdivision after African American figures in Neighbors Inc. in essence acts as a public relations agency for
American history. When this author challenged him to take Buffalo's most notorious slumlords, who by association with
such a simple, but brave step against racism, he simply and Neighbors appear to be reforming while in actuality they are just
truthfully responded, "it would hurt dumping worthless properties on unsuspecting buyers for
sales." Hence, it's business as usual for Parlato as tributes to inflated prices. Some of these slumlords could garner
additional kudos for lending money to a struggling inner-city If you have any objections, please notify the West Seneca
project, while raking in obscene 20% interest payments. Town Board.
Parlato has always had a strong selling point for prospective RECEIVED AND FILED
buyers: he arranges credit for those with shaky credit histories.
He accomplishes this by paying off credit, blocking judgments, NO.60
then arranging two concurrent mortgages: one to pay off the TELERGY,INC.
house and another to pay himself off for paying off the previous APPLICATION-TELECOMMUNICATIONSFRANCHISE
debts. Under this plan, otherwise unbankable individuals could Attached please find a copy of a letter sent to you in July
buy houses, but only from Parlato, and now Neighbors Inc. 1997 regarding Telergy's telecommunications franchise
Parlato's advertisements traditionally concentrated on monthly application. Apparently our application did not make the July
payments and not total cost. Hence, homes can be sold at 22, 1997 agenda and we have been unable to ascertain the
radically inflated prices with long term mortgages knocking the status of the same. Mr. Thomas Tarapacki also checked with
monthly payments to a range that compares to rent. Low the Clerk's office but was not able to determine the status of
income families who otherwise would not be in the housing our application. Accordingly, Mr. Tarapacki has suggested that
market bite the bait. The mortgages, however, might outlast we re-submit our request and ask that it be placed on the
the houses. January 6, 1998 agenda. This letter will serve as such request.
All the while, under Parlato's plan for Neighbors Inc., he'd be As stated in the attached July letter, Telergy entered into an
collecting a salary, driving a company car, enjoying generous Interim Agreement with the City of Buffalo in December 1996,
tax breaks, arranging -lucrative high interest secure short term which allowed our construction to get underway while
investment opportunities for friends, and unloading problem protecting the City. The Interim Agreement acknowledged that
properties for slumlords. At the same time, his rhetorical we would negotiate a permanent franchise and we look forward
pandering to community interests will shield him from scrutiny to working with the City and the Common Council to finalize the
and criticism. So far, the Buffalo News has referred to him as same.
an "activist developer," a "Hindu-inspired housing advocate," an Thank you for your consideration in this matter and if there is
"idealistic developer," a "reflective man," and ".the developer anything you require so that our request may be placed on the
who would rather plant trees than build houses." agenda for the January meeting, please advise.
Parlato describes himself as a "humanitarian." Sienkiewicz and REFERRED TO THE SPECIAL COMMITTEE ON
Meldrum describe him as a scam artist. Thanks to their TELECOMMUNICATIONS
vigilance, Parlato has been unmasked. Parlato claims he’s
creating a "legacy for the next generation." Let's hope he's not. NO.61
REFERRED TO THE COMMITTEE ON FINANCE. ROBERTQUINTANA
INFO.-PROBLEMSWITHCIVILSERVICECOMMISSION
NO.56 Attached please find a letter I received from the Hispanic
FRANKPARLATO Law Enforcement Officers Association of Western New York
COMMENTS-PARLATOREALESTATE regarding alleged problems with the Civil Service Commission.
I hereby file correspondence and questionnaire sent by REFERRED TO THE SPECIAL COMMITTEE ON POLICE
Common Council member, David A. Franczyk, in an attempt to REORGANIZATION, THE MUNICIPAL CIVIL SERVICE
harass and obtain unwarranted and unnecessary information COMMISSION AND THE CORPORATION COUNSEL
concerning Parlato Real Estate's business. This is certainly
outside the scope of any type of inquiry or investigation that he NO.62
is conducting on behalf of the people who reside in the Fillmore ROBERTQUINTANA
District. In fact, this correspondence is going out well beyond RESTORATIONSOCIETYCLUBHOUSE/HARBORHOUSE
his district. I urge the Common Council to put an immediate LEASEAT12ELMWOODAVE.
stop to these kind of tactics. Attached please find a letter I received from the Allentown
REFERRED TO THE COMMITTEE ON FINANCE Association regarding the Restoration Society
Clubhouse/Harbor House lease.
NO.57 REFERRED TO THE COMMITTEE ON FINANCE
NEWYORKSTATECOMPTROLLER
$MARTREPORT NO.63
Enclosed you will find the $MART report for the City of NEWYORKSTATE
Buffalo. We have also included additional copies for your DEPARTMENTOFALCOHOLICBEVERAGECONTROL
distribution to other council members. We believe the 1715JEFFERSONAVENUE
recommendations included in this report represent sound and BUFFALO,NEWYORK
practical ideas. This will acknowledge receipt of your letter dated December
I would like to personally thank you for participating in the 22, 1997 regarding the above captioned location.
$MART program The interest and support for this program A search of the State Liquor Authority Records was made
throughout the State has been outstanding. The cooperation of with the following results:
city officials and staff has helped bring this review to a 1.) At this time, there is no A.B.C. license in effect at
successful conclusion. Because of the success of our joint that address;
efforts, we believe the taxpayers and local officials of the City of 2.) The previous license issued for that location (ERIE
Buffalo will benefit from the recommendations resulting from AX 13569) was Surrendered on February 12, 1997;
this review. 3.) At this time, there are no applications pending.
To continue our partnership, this office will be available to Should you have any further questions regarding this matter,
provide technical assistance in implementing the report please contact me at the above number.
recommendations you choose to implement. If my office can RECEIVED AND FILED
be of further assistance to you or if you have any questions,
please feel free to contact Mr. David H. Slusarz, Chief NO.64
Examiner of our Buffalo area office at (716)847-3647. M.KUZMA
REFERRED TO THE COMMITTEE ON FINANCE, THE PARLATOREALESTATE
COMMISSIONER OF ADMINISTRATION AND FINANCE I am writing in regard to the letter dated December 22, 1997,
AND THE COMPTROLLER which was sent to this Honorable Body by Dr. Michael I.
Niman. Dr. Niman's letter contains a number of inaccuracies
NO.58 which need to be clarified for the record.
C.THOMAS In his letter, Dr. Niman claims that the interview I conducted
1715JEFFERSON with him was a complete fabrication. This interview is
ITEM366,CCP,NOV.12,1997 contained in the report entitled, "An Analysis of the Business
The attached additional information pertains to 1715 Practices of Frank R. Parlato and his Real Estate Corporation,"
Jefferson Avenue - Non-Compliance. which is on file with the City Clerk. Dr. Niman's assertion is not
RECEIVED AND FILED true and has absolutely no basis in fact.
During the summer of 1996, Legislator Olma's office
NO.59 received a number of constituent inquiries concerning the
TOWNOFWESTSENECA activities of Erie Development Corporation, a company
SPECIALPERMIT-346POTTERSRD. connected to Frank R. Parlato, Jr. and his family. Legislator
For your information, I am enclosing a copy of a Public Olma suggested that I contact Dr. Niman concerning the
Hearing scheduled to be held on the 12th day of January, 1998 Parlato real estate operation. According to Legislator Olma, Dr.
to consider granting a Special Permit for the above captioned Niman was intimately familiar with the Parlato Realty Company
property for sixteen (16) apartment units. and that he had issued a report criticizing the manner in which
Parlato operated his business. A copy of Dr. Niman's report received and filed.
entitled, "Neighbors, Inc. A Slumlord's Scam," was filed with Mrs. moved that the above item be recommitted to the
the City Clerk on January 2, 1998. Committee on Civil Service.
After receiving this information from Legislator Olma, I ADOPTED.
telephoned Dr. Niman on August 23, 1996. At that time, I
specifically asked him to outline the Parlato real estate NO.68
operation for me. As Dr. Niman related to me what lie knew MINORITYHIRINGATWATERAUTHORITY
about the Parlato Realty Company, I took notes. These notes (ITEM#173CCPAPRIL1,1997)
formed the basis of the "Interview With Parlato Employee Mike That the above mentioned item be and the same is hereby
Niman" which Dr. Niman contends was fabricated. received and filed.
It should be noted that I have had a number of conversations Mrs. Gray moved that the above item be recommitted to the
with Dr. Niman concerning the Parlato Realty Company since Committee on Civil Service.
our initial interview of August 23, 1996. In fact, Dr. Niman ADOPTED.
would periodically visit Legislator Olma's Broadway district
office. During these unannounced visits, he freely discussed NO.69
the Parlato real estate business. None of these conversations, MINORITYRECRUITMENT
however, formed the basis of the interview to which Dr. Niman (ITEM#187CCPJULY22,1997)
now objects. That the above mentioned item be and the same is hereby
In his letter, Dr. Niman also claims that the Franczyk "team" received and filed.
has spent three years investigating Parlato at taxpayer expense Mrs. Gray moved that the above item be recommitted to the
and has not been able to substantiate their charges. This is Committee on Civil Service.
not correct. Legislator Olma's office made some preliminary ADOPTED.
inquiries concerning Erie Development Corporation and the
Parlato Realty Company in the summer and fall of 1996. NO.70
However, it has only been over the past six months that we and MEMORANDUMOFAGREEMENT-SR.TAX
Council Member Franczyk's office have been able to devote ADMINISTRATOR
additional time to this probe. Contrary to Dr. Niman's assertion, (ITEMNO.50,C.C.P.,DEC.23,1997)
we have been able to document a number of questionable That the Memorandum of Agreement between the City of
practices employed by the Parlato real estate operation. Buffalo and A.F.S.C.M.E. Local 650, upgrading the title of
Our purpose in launching this investigation was not to Senior Tax Administrator, effective December 18, 1997, be
attack, torment, or harass a private citizen as Dr. Niman approved and ratified.
alleges. Rather, our purpose was to expose a very real PASSED.
problem in the federal housing program which needs to be AYES - 13 NOES - 0
corrected. It is my sincere hope that as a result of our efforts
the federal housing program will no longer be manipulated by NO.71
the Parlatos and others to the detriment of the general public APPOINTMENTTIREMECHANIC(MAX)(GS)(#69,1/21)
and taxpayers. (ITEM#93CCPDECEMBER23,1997)
I am willing to appear before the Common Council if you That the above mentioned item be and the same is hereby
would like to discuss Dr. Niman, Erie Development received and filed.
Corporation, and/or the Parlato real estate operation in further Mrs. Gray moved that the above item be recommitted to the
detail. Committee on Civil Service.
Thank you for your consideration in this matter. ADOPTED.
REFERRED TO THE COMMITTEE ON FINANCE
NO.72
NO.65 SALARYORDINANCEAMENDMENT
D.WILLIAMS 090-DEPARTMENTOFASSESSMENT
NEWSTEPSTOLIFE-RECOVERYPROGRAM (NO.149,C.C.P.,DEC.23,1997)
At our organization, New Steps to Life, we are dedicated to That the Salary Ordinance Amendment as contained in Item
the needs of the recovering person, not only in mind, but also in No. 149, C.C.P., December 23, 1997, be and the same hereby
body and spirit. What we offer is a framework for the is approved.
recovering person through housing, education and support. PASSED.
We hope to continue each persons education received prior to AYES - 13 NOES - 0
their admission in our facility, and not to focus too strongly on
work, but to continue to educate each person on respecting the NO.73
disease of addiction. SALARYORDINANCEAMENDMENT
Our program runs for one year and requires that each 98-DEPARTMENTOFPUBLICWORKS
participant understand and agree with our list of rules and 0-DIVISIONOFWATER
regulations, and sign a contract (attached). Currently we have 015-DISTRIBUTIONSYSTEM
several facilities conveniently located near bus routes, grocery (ITEMNO.150,C.C.P.,DEC.23,1997)
stores and other necessities. The facilities are furnished and That the Salary Ordinance Amendment as contained in Item
each follow a different set of rules and regulations appropriate No. 150, C.C.PDecember 23, 1997, be and the same hereby
.,
to each location.
is approved.
We at New Steps to Life are here to meet the needs of the
Mrs. Gray moved that the above item be recommitted to the
recovering person, but also to help them grow in their recovery
Committee on Civil Service.
process. Additional information is attached for your review and
ADOPTED.
approval. We are looking forward to meeting with you soon to
discuss this in further detail and answer any questions you
NO.74
might have. Thank you very much for your time and
APPOINTMENT
consideration.
DIVISIONOFPARKINGENFORCEMENT
REFERRED TO THE COMMITTEE ON LEGISLATION
POSITIONOFLABORERI
That Communication 65, December 23, 1997 be received
PETITIONS
and filed and the Seasonal appointment of Christopher M.
NO.66
Dipasquale stated above at the Flat starting salary $6.22
Dennis W. Minogue, agent, petition to use 187 Exchange for
effective on December 23, 1997 is hereby approved.
a billboard sign.
PASSED
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
AYES - 13 NOES - 0
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
FINANCE
(DAVIDA.FRANCZYK,CHAIRMAN)
REGULARCOMMITTEES
NO.75
LEASE-1269GENESEE
CIVILSERVICE
(ITEMNO.20,C.C.P.,JULY22,1997)
(BEVERLYY.GRAY,CHAIRPERSON)
(ITEMNO.106,C.C.P.,OCT.14,1997)
NO.67
That the Comptroller be, and he hereby is authorized to enter
RESIDENCYISSUES(CC)(#62,6/24)
into a lease between the City and Anthony Brown on behalf of
(ITEM#113CCPJULY8,1997)
Back to Basics, Outreach Ministries, Inc., of 9971 Jefferson
That the above mentioned item be and the same is hereby
Avenue, for the lease of 1269 Genesee Street, for a one (1)
year term at an annual rental fee of $1.00 (One Dollar). That the Common Council of the City of Buffalo does hereby
Insurance is to be provided saving the City harmless from any ordain as follows:
liability set forth per Item No. 197, C.C.P., 3/31/87; and that the That that part of the Zoning Ordinances of the City of Buffalo,
Corporation Counsel be authorized to prepare the necessary Section 511-126 of Article XXV of Chapter 511 as it relates to
documents to renew said lease and that the Mayor be the use map thereof be amended to show a "CM' Commercial
authorized to execute the same. District rather than a "R-2" Residential District for the premises
Mr. Franczyk now moved that the above item be recommitted known as 363 Dingens, and more particularly described as
to the Committee on Finance. follows:
ADOPTED THAT PIECE OR PARCEL OF PROPERTY being part of Lot
16 1, Township 10, Range 7 of the Buffalo Creek Indian
NO.76 Reservation, situate, lying and being in the City of Buffalo,
INVESTIGATEFHA/HUDMORTGAGESCAMS County of Erie, State of New York, bounded and described as
(ITEMNO.II8,C.C.P.,DEC.9,1997) follows:
That the local representatives of HUD, the FBI, Department of BEGINNING at the intersection of the southerly line of Dingens
Community Development, and representatives of the U.S. Street, with the easterly line of South Ogden Street, the said
Attorney's Office, Secretary of State, N.Y. S. Department of point of beginning being 500.90± ft., northerly measured at
State and representatives of Erie Development Corporation, right angles from station 5+54.19 as measured along the herein
Countrywide Mortgage Company of Williamsville, New York, after described outer line of the Niagara Thruway, thence
Frank R. Parlato, Jr., and any interested parties be invited to easterly, bearing south 89', 03', 23 seconds east and along the
appear before the Common Council to address this issue. southerly line of Dingens Street, for a distance of 92=/- ft., to a
ADOPTED. point on the westerly fine of Ogden Street, as relocated for
construction of the Niagara Thruway; thence southerly along
NO.77 said line 399-1 ft. to a point; thence westerly on a bearing of
PERMISSIONTOACCEPTFUNDS-SHEA'SSTAGEnorth 88 47' 12.5 seconds west, a distance of 55.0± ft., to a
EXPANSION(ITEMNO.21,C.C.P.,DEC.23,1997) point at the intersection of the easterly line of South Ogden
That the City of Buffalo is authorized to receive Street, with the northerly boundary line of the Niagara Thruway;
$7,036,000 from the Shea's Preservation Guild, Ltd. for the thence north, 01' 26', 03 seconds east, 390+ ft. to the point or
express purpose of constructing the Shea's Stage Expansion. place of beginning, being 28,126+/-sq. ft., or 0.65 acres more
PASSED. or less. All bearings referred to true north. The above
AYES-13. NOES-0. mentioned center line is a portion of the center line for the
construction of the Niagara Section of the Thruway,
LEGISLATION Subdivision N-2, as shown on map 223, parcel 223, filed in the
(ALFREDT.COPPOLA,CHAIRMAN) County Clerk's Office, Erie County, and described as follows:
BEGINNING at station 0+00.00, thence on a curve to the left,
NO.78 or west, having a radius of 6921.473 ft. for an arc, distance of
JAMEST.SANDORO,PETITIONTOUSE157EXCHANGE18.55 ft. to the point of tangent of said curve, being stationed
STREET-POLESIGN O+ 1 8.5 5, thence westerly bearing north 88 47' 12.5 seconds
(ITEMNO.66,C.C.P.,DEC.9,1997) west, 13 15.98 ft. to station 13+34.53.
That the above item be, and the same hereby is, This rezoning shall be effective providing the following
returned to the Common Council without recommendation. conditions are met:
Mr. Coppola moved: That this rezoning shall not be effective unless and until a
That after a public hearing before the Committee on certified copy thereof has been filed by the petitioner in the
Legislation on December 30, 1997, the petition of James T. offices of the Erie County Clerk's Office and proof of such filing
Sandoro, owner, for permission to use 157 Exchange Street for is submitted to the City Clerk's Office.
a pole sign be, and hereby is approved. That this rezoning will not be effective until such conditions as
PASSED. set by the City Planning Board are met.
AYES-13. NOES-0. That this Common Council finds this action to be an Unlisted
Action under the S.E.Q.R. Act and adopts petitioner's findings
NO.79 such that no further environmental review is required under
USE157EXCHANGE(C.P.BD.) said Act.
ITEM#9CCPDECEMBER23,1997) It is hereby certified, pursuant to Section 34 of the Charter that
That the above mentioned item be and the same is hereby the immediate passage of the foregoing ordinance is
received and filed. necessary.
ADOPTED. Approved as to Form
Michael B. Risman
NO.80 Acting Corporation Counsel
CON-RAIL,PETITIONTOUSE903EXCHANGE-PASSED.
BILLBOARDSIGN AYES-13. NOES-0.
(ITEMNO.75,C.C.P.,JUNE10,1997)
That after a public hearing before the Committee on NO.83
Legislation on December 30, 1997, the petition of Con-Rail, ROBERTKEICHERANDOTHERS,PETITIONTOUSE1473
owner, for permission to use 903 Exchange for a billboard sign HERTEL-PORTABLESIGN
be, and hereby is approved. (ITEMNO.79,C.C.P.,DEC.23,1997)
PASSED. That after the public hearing before the Committee
AYES-13. NOES-0. on Legislation on December 30, 1997, the petition of Robert
Keicher and others, for permission to use 1473 Hertel Avenue
NO.81 for a portable sign be, and hereby is approved.
LENCO.LUMBERCORP.,PETITIONTOUSE1411PASSED.
SENECASTREET-BILLBOARD AYES-13. NOES-0.
(ITEMNO.72,C.C.P.,SEP.30,1997)
(ITEMNO.102,C.C.P.,NOV.12,1997) NO.84
(ITEMNO.101,C.C.P.,NOV.25,1997) DELILICENSING
That after a public hearing before the Committee on Legislation (ITEM#48CCPJULY22,1997)
on December 30, 1997, the petition of Len Co. Lumber Corp., That the above mentioned item be and the same is hereby
owner, for permission to use 1411 Seneca Street for a billboard received and filed.
sign be, and hereby is approved on the condition that it be no ADOPTED
higher than 40 feet.
PASSED. NO.85
AYES-13. NOES-0. ORDAMEND.CH.131-CERT.OFOPERATION
(ITEM#48CCPJULY22,1997)
NO.82 That the above mentioned item be and the same is hereby
PHILIPC.GRAMAGLIA,PETITIONTOREZONE363received and filed.
DINGENS(ITEMNO.81,C.C.P.,OCT.28,1997)(ITEMNO.IADOPTED
18,C.C.P.,DEC.23,1997)
That the above item be, and the same hereby is returned to the NO.86
Common Council without recommendation. ACOPPOLA-CHEEK.TOWINGORD.-HAUCK'S
Mr. Coppola moved: COLLISIONCHASER
(ITEM#79CCPAPRIL1,1997) the sale of beer and wine.
That the above mentioned item is hereby received and filed. In the event of sale or transfer of the property, the additional
ADOPTED. approval shall cease.
PASSED
NO.87 AYES-13. NOES-0.
M.MCCLAIN-NEWKIRK-PROBLEM183BOX
(ITEM#72CCPJUNE10,1997) NO.98
That the above mentioned item be and the same is hereby U.S.DEPT.OFJUSTICEFBI-RES.TOFHA/HUDMTGE.
received and filed. SCAMS
ADOPTED. (ITEM#77CCPDECEMBER23,1997)
That the above mentioned item be and the same is hereby
NO.88 referred to the Committee on Finance.
M.MCCLAIN-NEWKIRK-PROBLEM183BOX(CD) ADOPTED
(ITEM#43CCPNOVEMBER12,1997)
That the above mentioned item be and the same is hereby RESOLUTIONS
received and filed.
ADOPTED NO.99
By: Mr. Brown
NO.89 REVIEWOFAPPLICATIONFORVARIANCEFOR1715
EST.TASKFORCE-TAXEXEMPTPROPERTIES JEFFERSONAVENUE
(ITEM#199CCPJUNE24,1997) Whereas: The Hamlin Park Overlay Review District was
That the above mentioned item be and the same is hereby created in March of 1991 to assist the Common Council in
received and filed. maintaining the residential character and ambiance of the
ADOPTED neighborhood and to control unmanaged development in the
area; and
NO.90 Whereas: It has come to the attention of this Council that a
ILLEGALCUTTINGOFTREES petition for a variance for 1715 Jefferson Avenue was granted
(ITEMNO.178,C.C.P.,SEPT.16,1997) by the Zoning Board of Appeals; and
That the Common Council decries the ruthless, Whereas: Many residents have expressed concern over the
unnecessary chopping down of trees in the city. use of 1715 Jefferson Avenue. Numerous public hearings
Adopted have been held both in the Hamlin Park neighborhood and in
City Hall without any type of compromise; and
NO.91 Whereas: It is this Common Council's understanding that the
TREECUTTING1006ELLICOTT(CC) delicatessen at 1715 Jefferson Avenue has been non-
(ITEM#35CCPDECEMBER23,1997) operational for more than a one year period of time and
That the above mentioned item be and the same is hereby therefore must be in compliance with Chapter 511 -10 of the
received and filed. City Ordinances; and
ADOPTED Now, therefore be it resolved:
That the Buffalo Common Council authorize the Zoning Board
NO.92 of Appeals to forward a copy of the application for a variance
J.GUGINO-REQUESTREMOVALOFTREE- for the property located at 1715 Jefferson Avenue to the Hamlin
64STANDISHRD. Park Overlay Review District for am review and
(ITEM#89CCPOCTOBER14,1997) recommendations according to Chapter 511-55 of the City
That the above mentioned item be and the same is hereby Code as provided by Chapter 511.68.1; and
received and filed. Be it Further Resolved:
ADOPTED That since 1715 Jefferson Avenue has not been in use as a
delicatessen for a period of more than one year, any future use
NO.93 shall be in conformity with the provisions set forth in Chapter
C.THOMAS-1715JEFFERSON(CD) 511 of the City Ordinance.
(ITEM#42CCPDECEMBER23,1997) ADOPTED.
That the above mentioned item be and the same is hereby
received and filed. NO.100
ADOPTED By: Mr. Coppola
REQUESTINDEPENDENTAPPRAISALOFNIMO
NO.94 PROPERTY
NYLOTTERYGAMES-GOLDENCORN.FD.MKT.-1715Whereas: Because the Common Council did not approve the
JEFFERSON Certiorari Petitions before Finance Committee on December
(ITEM#74CCPDECEMBER23,1997) 22, 1997, Niagara Mohawk Power Corporation attorneys have
That the above mentioned item be and the same is hereby informed the city that they are withdrawing the settlement offer,
received and filed. and their intentions now are to file administrative complaints to
ADOPTED challenge various assessments on the city's tentative
assessment roll for 1998; and
NO.95 Whereas: It would be beneficial for the city to hire an
NOTIFSERIAL#8974-8977(PW) independent appraiser to give a true and honest opinion of the
(ITEM#20CCPDECEMBER23,1997) value of Niagara Mohawk Power Corporation's real property in
That the above mentioned item be and the same is hereby the City of Buffalo.
received and filed. Now therefore be it resolved that
ADOPTED This Common Council requests that the City Assessor and
Corporation Counsel hire an independent appraiser to give a
NO.96 true and honest opinion of the value of Niagara Mohawk Power
RE-APPOINTMENTOFMEMBERSTOTHECITYCorporation's real property in the City of Buffalo and report
PLANNINGBOARD back to this body when the appraisal has been completed.
(ITEM#1CCPDECEMBER23,1997) REFERRED TO THE COMMITTEE ON FINANCE, THE
That the appointment of Rev. S. Theodore Berg, residing at CORPORATION COUNSEL, COMMISSIONER OF
1974 Seneca Street, and James K. Morell, residing at 65 ASSESSMENT AND COMMISSIONER OF
Durham Avenue as members of the City Planning Board for ADMINISTRATION AND FINANCE
terms expiring October 9, 1999 be and hereby approved.
PASSED NO.101
AYES-13. NOES-0. By: Mr. Coppola
DISCHARGETHELEGISLATIONCOMMITTEE-
NO.97 ITEM144-C.C.P.-NOVEMBER12,1997-
CAFFEAROMA-APPROVALTOOPERATE-CONDITIONS NIMOPOWERCHOICEPROGRAM"
(ITEM#67CCPDECEMBER23,1997) Whereas: Item 144 - C.C.P. - November 12,1997 - "PSC-
That the above mentioned item be and the same is hereby NiMo Power Choice Program" is presently before the
received and filed. Committee on Legislation; and
Mr. Coppola now moved: Whereas: It is no longer necessary for this item to be
That Caffe Aroma be and hereby is authorized to operate with considered by that committee;
Now, Therefore, Be It Resolved That: That, the comptroller be and hereby is authorized and directed
This Common Council does hereby discharge the Committee to increase the revenue estimate of account:
on Legislation from further consideration of Item 144 - C.C.P. 100 - General Fund
November 12, 1997 - "PSC-NiMo Power Choice Program", and 40-1 Division of Engineering
said item is now before the Council. 404 - Federal Revenue
CARRIED 81118 - Comm. Development Block Grant $40,000
Mr. Coppola now moved to adopt the third resolve of the above To meet the increased appropriation as set forth below:
item inasmuch as the first two resolves had been adopted at 100 General Fund
the meeting of November 12, 1997 50 - Department of Human Services, Parks & Recreation
ADOPTED 1 - Division of Parks
011 - Parks, Golf Courses & Gardens
NO.102 110 - Salaries - Regular 30,000
By: Mr. Franczyk 580 - Non-Professional Services 10,000
INCREASEDAPPROPRIATION Total 40,000
DEPARTMENTOFPUBLICWORKS- REFERRED TO THE COMMITTEE ON FINANCE
DIVISIONOFENGINEERING
DEPARTMENTOFCOMMUNITYDEVELOPMENT-NO.105
DIVISIONOFPLANNING By: Mr. Franczyk
That, Pursuant to Section 41 of the Charter and the Certificate TRANSFEROFFUNDS
of the Mayor and the Comptroller submitted to the Common DIVISIONOFAUDIT
Council, the appropriation in the budget for the current fiscal DIVISIONOFAUDIT-CAPITALOUTLAY
year for Appropriation Allotments - Department of Community That pursuant to section 42 of the Charter and the Certificate
Development - Division of Planning - Community Development of the Mayor and the Comptroller submitted to the Common
Planning, be and the same hereby is increased in the sum of Council, the sum of $14,700 be and the same is hereby
$131,725. transferred from the Division of Audit Audit Services and said
That, the comptroller be and hereby is authorized and directed sum is hereby reappropriated as set forth below:
to increase the revenue estimate of account: From:
100 General Fund
100 - General Fund 04-1 Division of Audit
40-1 Division of Engineering 001 - Audit Services
404 - Federal Revenue 110 Salaries - Regular $14,700
81118 - Comm. Development Block Grant $131,725 To:
To meet the increased appropriation as set forth below 100 General Fund
100 General Fund 04-1 - Division of Audit
71 - Department of Community Development 085 - Capital Outlay
I - Division of Planning 982 - Operating Equipment & Furnishings
001 - Community Development Planning Laptop Computers $14,700
583- Unclassified $131,725 PASSED
PASSED. AYES-13. NOES-0.
AYES-13. NOES-0.
NO.106
NO.103 By: Mr. Franczyk
By: Mr. Franczyk TRANSFEROFFUNDS
INCREASEDAPPROPRIATION COMMUNITYDEVELOPMENT-BONDFUNDS
DEPARTMENTOFPUBLICWORKS- DEPARTMENTOFPUBLICWORKS
DIVISIONOFENGINEERING That pursuant to section 42 of the Charter and the Certificate
DEPARTMENTOFCOMMUNITYDEVELOPMENT-of the Mayor and the Comptroller submitted to the Common
DIVISIONOFHOUSING&INSPECTIONS Council, the sum of $803.64 be and the same is hereby
That, Pursuant to Section 41 of the Charter and the transferred from the Department of Community Development -
Certificate of the Mayor and the Comptroller submitted to Capital Projects Fund and said sum is hereby reappropriated
the Common Council, the appropriation in the budget for as set forth below
the current fiscal year for Appropriation Allotments - From:
Department of Community Development - Division of 200 Capital Projects Fund
Housing & Inspections, be and the same hereby is 71 - Department of Community Development
increased in the sum of $350,573. 7 - Division of Development
That, the comptroller be and hereby is authorized and 028 $803.64
directed to increase the revenue estimate of account: To:
100-General Fund 200 Capital Projects Fund
40-1 - Division of Engineering 40 - Department of Public Works
404 - Federal Revenue 2 - Division of Buildings
81118 Comm. Development Block Grant 231,724 035 - Cons. of City Public Art Work $803.64
71-3 - Division of Housing & Inspections 404 - Federal PASSED
Revenue AYES-13. NOES-0.
81118 Comm. Development Block Grant 118,849
Total $350,573 By: Mr. Franczyk
To meet the increased appropriation as set forth below: NO.107
100 General Fund HOMESTEADINGOF198FRENCHSTREET
71 - Department of Community Development Whereas: Mr. Robert Jones Jr. residing at 200
3-Division of Housing & Inspections French Street, wishes to homestead 198 French Street- and
085 - Capital Outlay Whereas: 198 French Street has been a City owned,
900 - Land & Betterments vacant parcel of land for approximately seven years now; and
Demolition of Buildings $350,573 Whereas: Mr. Robert Jones Jr. has attempted to
REFERRED TO THE COMMITTEE ON FINANCE homestead 198 French Street since well before the home on
that parcel of land was demolished; and
NO.104 Whereas: The office of Councilmember David A.
By: Mr. Franczyk Franczyk has attempted to assist Mr. Robert Jones Jr. in
INCREASEDAPPROPRIATION acquiring this parcel of land, with no positive results- and
DEPARTMENTOFPUBLICWORKS- Whereas: Mr. Robert Jones Jr. has immediate plans
DIVISIONOFENGINEERING for this parcel of land and has already been maintaining it on a
DEPART.OFHUMANSERVICES,PARKS&RECREATION- regular basis; and
DIVISIONOFPARKS Whereas: It is not the belief of Councilmember
That, Pursuant to Section 41 of the Charter and the Certificate Franczyk that the City will develop the parcel of land at anytime
of the Mayor and the Comptroller submitted to the Common in the near future.
Council, the appropriation in the budget for the current fiscal Now, Therefore, Be It Resolved That:
year for Appropriation Allotments - Department of Human This Council requests that the Office of In Rem Properties
Services, Parks & Recreation - Division of Parks, be and the and the Office of Community Development release the City
same hereby is increased in the sum of S409,000. owned, vacant parcel of land known as 198 French Street into
the ownership of Mr. Robert Jones Jr. debris processing facilities, junkyards, landfills, waste
PASSED incinerators, and solid waste transfer facilities,
AYES - 13 NOES - 0 B. The storage, use, manufacture or disposal of
bioaccumulative chemicals of concern designated in the Great
NO.108 Lakes Initiative, published by the USEPA.
By: Ms. Gray REFERRED TO THE COMMITTEE ON COMMUNITY
REQUIRECOUNCILAPPROVALINTARGETAREAS DEVELOPMENT, THE COMMISSIONER OF COMMUNITY
Whereas: Although some delicatessens provide a DEVELOPMENT, THE CORPORATION COUNSEL AND
valuable service to the residents of the communities in which THE ZONING BOARD OF APPEALS
they are located, certain delicatessens, especially in the
Masten, Fillmore, and Ellicott Council Districts, have been the NO.110
subject of many resident complaints; and By: Ms. Kavanaugh
Whereas: The number of delicatessens in each of ORDINANCEAMENDMENT
these three districts is so great that residents complain of CHAPTER493-WATERFRONTGREENWAYSYSTEM
oversaturation; and The Common Council of the City of Buffalo does hereby
Whereas: Numerous problems, including code ordain as follows:
violations, alleged drug activity, and various nuisance That the Code of the City of Buffalo be amended to add a
complaints have been brought to the attention of the Buffalo new Chapter 493 to read as follows:
Police Department, the Buffalo Common Council, and other Sec. 493-1 Legislative Intent.
City officials and departments; and A. The future establishment of a Waterfront Greenway
Whereas: It has been documented that districts with System (the "Greenway") is central to the Common Council's
an overabundance of delicatessens have increased crime vision for the redevelopment of Buffalo's waterfront. The
rates, including elevated murder rates; and Greenway is both a pathway and the embodiment of a principle.
Whereas: As this Common Council works to The principle is that the waterfront belongs to the people and
revitalize and strengthen the vital economic community on the that generous, green, easily accessible space at the water's
East Side of Buffalo, we must address the deleterious effects edge is a necessary part of any waterfront development. It is
which delicatessens often have on the areas in which they are envisioned that some day a series of pathways will connect and
located; and run through activity centers throughout the waterfront. Such a
Whereas: One of the necessary steps we must take system will provide pedestrians, bicyclists, joggers, skaters,
in this revitalization process is to protect the residents, as well strollers, skiers and others with a sense of ownership and
as the legitimate businesses, who have made a commitment to familiarity as they approach and traverse the waterfront. In
working on behalf of their community; and addition, the Greenway System will connect the bulk of the
Whereas: We can accomplish this key step by city's parks with the waterfront, and by extension, with each
requiring that applications for all future delicatessens go before other. The purpose of this ordinance amendment is to protect
the Common Council individually for approval until such time as and improve the aesthetic and natural resources of the
the "certificate of operation" ordinance is approved and Greenway Review District and to provide a framework and
implemented in the City of Buffalo; guidelines for the future development of the pathways of the
Now, Therefore, Be It Resolved: Waterfront Greenway System.
That, prior to the issuance of any licenses, permits, or any The Waterfront Greenway System is part of a larger vision of
other materials, all applications to open delicatessens in the Buffalo Greenways that includes parkways connecting
Masten, Fillmore, or Ellicott Council Districts must be Buffalo's neighborhoods, parks and the waterfront. It is
submitted to the Common Council for approval; and anticipated that this ordinance is an initial step in the
Be It Further Resolved: establishment of that system and that this ordinance may be
That copies of this resolution be forwarded to the City of amended as the city-wide greenway plan evolves.
Buffalo Divisions of Licensing and Permits, the Zoning Board B. This ordinance regulates the possible
of Appeals, and the Corporation Counsel. implementation of the Greenway System, which provides for
REFERRED TO THE COMMITTEE ON LEGISLATION, THE the improvement or placement of various types of pathways
CORPORATION COUNSEL, THE COMMISSIONER OF which, as envisioned, would be added to the following elements
COMMUNITY DEVELOPMENT AND THE ZONING BOARD to form a coherent system:
OF APPEALS i. The Riverwalk;
NO.109 ii. The Scajaquada Pathway;
By: Ms. Kavanaugh iii. Bridge projects on Tifft Street and Seneca Street
REQUESTORDINANCEAMENDMENTONRESTRICTING that include bicycle/pedestrian lanes;
USESFORTHEBUFFALOWATERFRONT iv. The Erie Basin Marina;
Whereas: This Council has consistently supported v. Habitat Restoration Projects on the Buffalo River;
the Waterfront Greenway System as its priority project for vi. The Inner Harbor;
redevelopment of the Buffalo waterfront; and vii. The Industrial Heritage Trail;
Whereas: The Greenway System is key to viii. The Buffalo River Greenway;
transforming Buffalo's waterfront from a largely abandoned ix. The pathway at the Small Boat Harbor;
industrial setting to one in which recreational, residential, x. On-road bike lanes on Richmond Avenue, McKinley
commercial and industrial uses are combined in a way that is Parkway and South Park Avenue, along with other
inviting and accessible to the public; and existing roadways that are potentially part of an on-
Whereas: As envisioned, the Greenway System will road component.
be a linear park - a series of trails, parks, green spaces and C. A key element of the vision for a Greenway System
bicycle lanes, extending throughout the city's waterfront and is a Plaza that would celebrate the coming together of the three
connecting waterfront activity centers; and main spokes of the Greenway System - the Riverwalk, the
Whereas: In the past the aesthetics and Buffalo River Greenway, and the Outer Harbor Greenway. As
environment of Buffalo's waterfront were sacrificed to the envisioned, the Greenway Plaza would be the "Commons" or
imperatives of industry and there were few uses deemed too the "Village Green" of the Inner Harbor and would include
foul or polluting to be located here; and several features that support and raise interest in the
Whereas: With the opportunity to redevelop the Greenway. Proposed amenities for Greenway users at the
waterfront comes the responsibility to ensure that incompatible plaza may include lockers, rest rooms, water fountains, bicycle
uses are not allowed to once again spoil the waterfront racks, concessions stands, attractive landscaping, and a large,
environment; and visible map of the Greenway designed to be updated as the
Whereas: While industrial uses are encouraged in System grows throughout the entire Buffalo waterfront.
appropriately zoned areas of the waterfront, there are some D. In anticipation of the Greenway, this Common
uses that tend to pollute aesthetically or environmentally and Council passed a setback ordinance in 1990 that requires
this Council wishes to consider appropriate zoning legislation property owners to maintain a twenty-five (25) foot yard
that would restrict these uses on the waterfront; between their buildings and the water. In 1996 the Council
Now, Therefore, Be It Resolved That: further prepared for the Greenway System by enacting a policy
This Council requests the Corporation Counsel to prepare to retain ownership or easement rights to the water's edge in
for Council consideration an amendment to the City's zoning the sale of any city -owned waterfront property.
ordinances that protects the aesthetic and natural resources of E. While much work remains to be done, the Greenway
the Buffalo Waterfront by restricting the issuance of new System is seen as a future recreational amenity, a means of
permits for the following uses within the Waterfront Greenway public access to the waterfront, a way to unify the waterfront
Special Review District: and maintain a human scale in its redevelopment, and as the
A. Automobile salvage yards, billboards, demolition foundation of a popular, environmentally benign waterfront
transportation system. Street to the northeast intersection of
Sec. 493-2 Greenway Elements. Amherst Street and Parkside Avenue-
The plan on which this ordinance is based consists of three 9. thence southerly along the eastern side of Parkside
possible classes of pathways designed to complement each Avenue to the southeast intersection of the Parkside Avenue
other and accommodate different types of waterfront travel. and Scajaquada Expressway;
Design guidelines provide for controlling the development of the 10. thence easterly along the northern side of the
following: Scajaquada Expressway to the northeast intersection of the
A. On-Road Lanes - Lanes on roadways that parallel Scajaquada Expressway and Main Street;
the waterfront for cyclists and others interested in getting 11. thence southerly along the eastern side of Main
quickly from one destination to another. Street to the northeast intersection of Main
B. The Greenway Trail - Off-road paved elements Street and East Delavan Avenue;
suitable for recreational cycling, jogging, strolling and, after 12. thence easterly along the northern side of East
fresh snow falls, cross country skiing. Delavan Avenue to the northeast intersection of East Delavan
C. The Soft Pathway - Soft pathways to include Avenue and Jefferson Avenue;
sections located in environmentally sensitive areas where 13. thence southerly along the eastern side of Jefferson
paving is undesirable. Avenue to the northeast intersection of Jefferson Avenue and
Sec. 493-3 Benefits. the Right of Way over the Scajaquada Drain;
A. Adopting the ordinance may have a beneficial impact 14. thence easterly along the northern side of the Right
on the city's economic, recreational and ecological future. It of Way over the Scajaquada Drain to the northeast intersection
represents the right way to guide the redevelopment of a of the Right of Way over the Scajaquada Drain and Fillmore
waterfront amenity that emphasizes public access in the midst Avenue-
of a myriad of uses. The System, as envisioned, would provide 15. thence southerly along the eastern side of Fillmore
the following specific benefits to the citizens of Western New Avenue to the northeast intersection of Fillmore Avenue and
York: East Ferry Street;
1. Increased public access to the waterfront; 16. thence easterly along the northern side of East Ferry
2. Reduced traffic congestion by allowing and Street to the northwest intersection
encouraging safe bicycle and pedestrian of East Ferry Street and Grider Street-
travel between Buffalo's neighborhoods and the waterfront and 17. thence northerly along the western side of Grider
between different waterfront attractions; Street to the northwest intersection of Grider Street and
3. Increased recreational opportunities and green Scajaquada Street;
space for the region's residents, for 18. thence easterly along the northern side of
whom the Greenway will be a symbol of their inclusion in Scajaquada Street to the northeast intersection of
waterfront life; Scajaquada Street and Colorado Avenue;
4. Increased economic development by increasing 19. thence southerly along the eastern side of Colorado
traffic, and therefore the commercial Avenue to the northeast intersection of
potential of the waterfront. The Greenway is a low-tech, Colorado Avenue and East Ferry Street;
relatively inexpensive way to expand the use and profitability of 20. thence easterly along the northern side of East Ferry
the Buffalo waterfront; Street to the northwest intersection of East Ferry Street and
5. Unprecedented linkage of local attractions on the Leslie Street;
waterfront, most of which are 21. thence northerly along the western side of Leslie
currently seen as disconnected and isolated from each other Street to the northwest intersection of Leslie Street and
and from Buffalo's neighborhoods; Scajaquada Street
6. Increased integration of Buffalo's recreational 22. thence easterly along the northerly side of
opportunities including the city's Scajaquada Street to the northeast intersection of Scajaquada
magnificent Olmsted Parks which will be linked to the Street and Bailey Avenue;
waterfront and to each other through the Greenway; 23. thence southerly along the eastern side of Bailey
7. Increased educational opportunities through Avenue to the northeast intersection of Bailey Avenue and
elements such as the Industrial Heritage Kerns Avenue;
Trail, historic markers on the Greenway, linkage to the 24. thence easterly along the northern side of Kerns
proposed Cobblestone Historic District in downtown Buffalo Avenue to the northeast intersection of Kerns Avenue and the
and through the impact of simply bringing the public to an area perimeter of Schiller Park;
with such a rich and varied history; 25. thence easterly and along the entire outer perimeter
8. Enhanced quality of life and health for the Great of Schiller Park to the southwest
Lakes human and wildlife intersection of Kerns Avenue and Genesee Street;
communities as waterfront access leads to public concern for 26. thence westerly along the southern side of Kerns
the area's significant natural resources. The Greenway will Avenue to the southwest intersection of Kerns Avenue and
also function in many places as a buffer, protecting Buffalo's Bailey Avenue;
waterways from runoff and from structures that might otherwise 27. thence northerly along the western side of Bailey
be placed right at the water's edge. Avenue to the southwest intersection of Bailey Avenue and
Sec. 493-4 Description. Scajaquada Street;
The City of Buffalo Waterfront Greenway Special Review 28. thence westerly along the southern side of
District includes all lands and water encompassed within the Scajaquada Street to the southeast intersection
following boundaries: of Scajaquada, Street and Leslie Street;
Beginning at the point of intersection of the northerly line of 29. thence southerly along the eastern side of Leslie
the city (the center line of Vulcan Street.) with the center line of Street to the southeast intersection of Leslie Street and East
Niagara Street.; Ferry Street;
1. thence easterly along Vulcan Street to the northeast 30. thence westerly along the southern side of East
intersection of Vulcan Street and Tonawanda Street; Ferry Street to the southwest intersection of East Ferry Street
2. thence southerly along the eastern side of and Colorado Avenue-
Tonawanda Street to the southeast intersection of Tonawanda 31. thence northerly along the western side of Colorado
Street and Crowley Street; Avenue to the southwest intersection of Colorado Avenue and
3. thence westerly along the southern side of Crowley Scajaquada Street;
Street to the southeast intersection of Crowley Street and 32 thence westerly along the southern side of
Niagara Street; Scajaquada Street to the southeast intersection
4 thence southerly along the eastern side of Niagara of Scajaquada Street and Grider Street;
Street to the northeast intersection of Niagara Street and 33. thence southerly along the eastern side of Grider
Amherst Street; Street to the southeast intersection of Grider Street and East
5· thence easterly along the northern side of Amherst Ferry Street;
Street to the northeast intersection of 34. thence westerly along the southern side of East
Amherst Street and Elmwood Avenue; Ferry Street to the southeast intersection of East Ferry Street
6. thence southerly along the eastern side of Elmwood and Kehr Street;
Avenue to the northeast intersection of Elmwood Avenue and 35. thence southerly along the eastern side of Kehr
Nottingham Terrace; Street to the southeast intersection of Kehr
7. thence easterly along the northern side of Street and Woodlawn Avenue;
Nottingham Terrace to the northwest intersection of 36. thence westerly along the southern side of
Nottingham Terrace and Amherst Street; Woodlawn Avenue to the southeast intersection
8. thence easterly along the northern side of Amherst of Woodlawn Avenue and East Ferry Street;
37. thence southerly along the eastern side of Fillmore South Park Avenue;
Avenue to the northeast intersection of Fillmore Avenue and Dr. 66. thence easterly along the northern side of South
Martin Luther King Jr. Park; Park Avenue to the northeast intersection
38. thence easterly along the entire perimeter of the of of South Park Avenue and Louisiana Street;
Dr. Martin Luther King Jr. Park back to its southwest 67. thence southerly along the eastern side of Louisiana
intersection with Fillmore Avenue; Street to the northeast intersection of Louisiana Street and
39. thence northerly along the western side of Fillmore Republic Street;
Avenue to the southwest intersection of Fillmore Avenue and 68. thence easterly along the northern side of Republic
the Right of Way of the Scajaquada Drain; Street to the northwest intersection of
40. thence westerly along the southern side of the Right Republic Street and Hamburg Street;
of Way over the Scajaquada Drain to the southwest 69. thence northerly along the western side of Hamburg
intersection of the Right of Way over the Scajaquada Drain with Street to the northwest intersection of Hamburg Street and
Jefferson Avenue; O'Connell Street;
41. thence northerly along the western side of Jefferson 70. thence easterly along the northern side of O'Connell
Avenue to the southwest intersection Street to the northwest intersection of O'Connell Street and
of Jefferson Avenue and East Delavan Avenue; Fitzgerald Street;
42. thence westerly along the southern side of East 71. thence northerly along the western side of Fitzgerald
Delavan Avenue to the southwest intersection of East Delavan Street to the northwest intersection of Fitzgerald Street and
Avenue and Delaware Avenue; South Park Avenue;
43. thence northerly along the western side of Delaware 72. thence easterly along the northern side of the South
Avenue to the southwest intersection Park Avenue to the northwest intersection of South Park
of Delaware Avenue and Rumsey Road; Avenue and Lee Street;
44. thence westerly along the southern side of Rumsey 73. thence northerly along the western side of Lee Street
Road to the southeast intersection of Rumsey Road and to the northwest intersection of Lee
Lincoln Park-way; Street and Elk Street;
45. thence northerly along the western side of Lincoln 74. thence easterly along the northern side of Elk Street
Parkway to the southwest intersection to the northwest intersection of Elk
of Lincoln Parkway and North Park Drive; Street and Keating Street;
46. thence westerly along the southern side of North 75. thence northerly along the western side of Keating
Park Drive to the southwest intersection of North Park Drive Street to the northwest intersection of Keating Street and
and Elmwood Avenue; Seneca Street;
47. thence northerly along the western side of Elmwood 76. thence easterly along the northern side of Seneca
Avenue to the southwest intersection of Elmwood Avenue and Street to the northeast intersection of
Iroquois Drive; Seneca Street and Bailey Avenue-,
48. thence westerly along the southern side of Iroquois 77. thence northerly along the western side of Bailey
Drive to the southeast intersection of Avenue to the northwest intersection of Bailey Avenue and
Iroquois Drive and Grant Street; Clinton Street;
49. thence southerly along the eastern side of Grant 78. thence easterly along the northern side of Clinton
Street to the southeast intersection of Street to the northeast intersection of Clinton Street and Spann
Grant Street and Letchworth Street; Street;
50. thence westerly along the southern side of 79. thence southerly along the eastern side of Spann
Letchworth Street to the southeast intersection of Letchworth Street to the northeast intersection of
Street and Dart Street; Spann Street and Casimir Street;
51. thence southerly along the eastern side of Dart 80. thence easterly along the northern side of Casimir
Street to the southeast intersection of Dart Street to its intersection with the East
Street and Bradley Street; City Line;
52. thence westerly along the southern side of Bradley 81. thence southerly along the East City Line to the
Street to the southeast intersection of Bradley Street and southeast intersection of the East City Line and Mineral Spring
Danforth Street; Road;
53. thence southerly along the eastern side of Danforth 82. thence westerly along the southern side of Mineral
Street to the southeast intersection of Spring Road to the southwest intersection of Mineral Spring
Danforth Street and Forest Avenue; Road and Pawnee Parkway;
54. thence westerly along the southern side of Forest 83. thence northerly along the western side of Pawnee
Avenue to the southeast intersection of Forest Avenue and Parkway to the southwest intersection of Pawnee Parkway and
Niagara Street; Pomona Place;
55. thence southerly along the eastern side of Niagara 84. thence southwesterly along the southern side of
Street to the southeast intersection of Niagara Street and Busti Pomona Place to the southwest intersection of Pomona Place
Avenue; and Seneca Street;
56. thence southerly along the eastern side of Busti 85. thence northwesterly along the southern side of
Avenue to the southeast intersection of Busti Avenue and Seneca Street to the southwest intersection of Seneca Street
Porter Avenue; and Southside Park-way;
57. thence westerly along the southern side of Porter 86. thence southwesterly along the southern side of
Avenue to the southwest intersection of Porter Avenue and the Southside Parkway to the southeast intersection of Southside
Niagara Thruway; Parkway and North Legion Drive;
58. thence southeasterly along the western side of the 87. thence southeasterly along the northern side of
Niagara Thruway to the northwest intersection of the Niagara North Legion Drive to the southwest
Thruway and Virginia Street extended; intersection of North Legion Drive and Cazenovia Park;
59. thence easterly along the northern side of Virginia 88. thence along the entire outer perimeter of Cazenovia
Street to the northeast intersection of Park to the northwest intersection of
Virginia Street and Niagara Street-, Cazenovia Street;
60. thence southerly along the eastern side of Niagara 89. thence northwesterly along the northern side of
Street to the northeast intersection of Niagara Street and Cazenovia Street to the southwest
Niagara Square; intersection of Cazenovia Street and South Legion Drive;
61. thence easterly and southerly along the northern side 90. thence northwesterly along the southern side of
of Niagara Square to the northeast South Legion Drive to the southwest intersection of South
intersection of Niagara Square and Court Street; Legion Drive and Southside Parkway;
62. thence easterly along the northern side of Court 91. thence southerly along the eastern side of Southside
Street to the northeast intersection of Parkway to the southeast intersection of Southside Parkway
Court Street and Main Street; and Albion Place;
63. thence southerly along the eastern side of Main 92. thence westerly along the southern side of Albion
Street to the northeast intersection of Main Place to the southeast intersection of Albion Place and Midland
Street and Scott Street; Avenue;
64. thence easterly along the northern side of Scott 93. thence southerly along the eastern side of Midland
Street to the northeast intersection of Scott Avenue to the southwest intersection of
Street and Michigan Avenue; Midland Avenue and McKinley Parkway;
65. thence southerly along the eastern side of Michigan 94. thence northerly along the western side of McKinley
Avenue to the northeast intersection of Michigan Avenue and Parkway to the southeast intersection
of McKinley Parkway and Bailey Avenue; booklets for the System will be available in alternative formats
95. thence westerly and southerly along the eastern side such as large print or on tape.
of Bailey Avenue to the southeast B. On-road segments:
intersection of Bailey Avenue and South Park Avenue; 1. All roads that are designated as part of the
96. thence northeasterly along the southern side of Greenway System shall, wherever possible, have clearly
South Park Avenue to the southeast marked bicycle lanes. A sidewalk area shall not generally be
intersection of South Park Avenue and Abby Street; an acceptable substitute for an on-road lane.
97. thence southerly along the eastern side of Abby 2. The minimum lane width for striped on-road bicycle
Street to its southernmost end, use will follow the American Association of State Highway and
98. thence southerly along the eastern side of Abby Transportation Officials ("AASHTO") guidelines which, as of
Street extended to the southeast 1997, require five (5) feet in width in a given direction. A total
intersection Abby Street extended and Tifft Street; of ten (10) feet (five (5) for each side) shall be provided on
99. thence easterly along the northern side of Tifft Street roadways providing for twoway Greenway traffic. The on-road
to the northeast intersection of Tifft bicycle lanes should be clearly striped and designated with
Street and Hopkins Street; international signage to restrict motor vehicle use and promote
100. thence southerly along the eastern side of Hopkins safe bicycle use. All new road construction projects planned in
Street to the northeast intersection of and along the Waterfront Greenway System Special District
Hopkins Street and the boundary South Park; shall make provisions for on-road bicycle lanes. Projects
101. thence easterly and southerly along the boundary of involving road resurfacing and up-grades shall make provisions
South Park Avenue to its intersection with the South City Line; for on-road bicycle lanes whenever possible.
102. thence westerly along the South City Line to the C. Off-road segments:
westerly line of the City of Buffalo (described in Section 3 of the 1. . Trail tread width and vertical clearance
City Charter); a. The paved off-road trail segments of the System
103. thence northeasterly and northerly along the westerly should be a minimum of twelve (12) feet wide to accommodate
line of the city to the northerly line of the city; pedestrian and non-motorized vehicle use. AASHTO has
104. thence easterly along the northerly line of the city chosen to use twelve feet as a minimum tread width guideline
(the center line of Vulcan St.) to the Point of Beginning. for trails with multiple uses. All multiuse trail projects which
105. The district shall also include the rights of way of use federal funding must have a minimum of twelve foot tread
Lincoln Parkway (from Rumsey Road to Bidwell Parkway), width where feasible and appropriate. In Buffalo, like many
Bidwell Parkway (from Lincoln Parkway to Richmond Avenue), urban settings, the available corridor in some cases may not
Richmond Avenue (from Bidwell Parkway to Porter Avenue), accommodate a twelve foot wide trail. Therefore, the City may
Porter Avenue (from Richmond Avenue to Busti Avenue), decide to proceed with a trail tread width of less than twelve
Niagara Street (from Busti Avenue to Virginia Street), Lafayette feet as a "design exception". A trail width of nine and one half
Square, Clinton Street (from Lafayette Square to the East City feet (9.5') is recommended in the event a twelve (12) foot trail
Line), Fillmore Avenue (from Martin Luther King, Jr. Park to tread width is not feasible or appropriate.
Smith Street), Hamburg Street from O'Connell Street to South b. A minimum vertical clearance of eight feet six inches
Park Avenue, South Park Avenue from Louisiana Street to (8'6") is required for pedestrians and cyclists. Design
Fitzgerald Street, Smith Street (from Fillmore Avenue to South exceptions shall be considered where this height is not feasible
Park Avenue), Elk Street (from South Park Avenue to Bailey or appropriate. Tree limbs and other overhead elements should
Avenue), Bailey Avenue from Seneca Street to Hennepin be a safe vertical distance off the trail.
Street, the rail right of way between Scajaquada Street near 2. Trail grade and drainage
Bailey to Starin Avenue, Starin Avenue from the rail right of way a. The Waterfront Greenway Trail should be designed
to Amherst Street, Amherst Street from Starin Avenue to with a minimum grade to accommodate pedestrian and non-
Summit, Jewett Parkway from Summit Avenue to Parkside motorized vehicle use, while at the same time remaining
Avenue, Broadway (from Lafayette Square to Ellicott Street), compatible with the natural contours of the site.
Ellicott Street (from Broadway to Clinton Street), South Ogden b. Trail grade and drainage shall be designed and
Street (from Clinton Street to Casimir Street), Hopkins Street constructed to minimize the frequency of the flooding of the trail
(from South Park Avenue to Tifft Street), McKinley Park-way and reduce the possibility of damage to the trail; as much
(from South Park to Red Jacket Parkway), Red Jacket Parkway runoff as possible should infiltrate in the trail corridor. This can
(from McKinley Parkway to Potters Road), and the Peace be achieved by using permeable tread and shoulder surface
Bridge to the international border. materials, directing runoff to the vegetated buffer strips and
Sec. 493-5 Review Process. islands, and avoiding use of curbs, gutters, and impervious
All projects proposed within the Waterfront Greenway materials.
Special Review District will be referred to the City Planning 3. Trail cross slopes and shoulders
Board and the Common Council for review under the design a. Where off-road sections of the Trail are at or near
guidelines and performance goals listed below and for grade, trail cross slopes and shoulders should be designed and
consistency with the legislative intent defined above. constructed.
Residential projects that, in the judgment of the Permit Office b. Cross slopes should not exceed two percent (2%).
will have no impact on the off-road trails, on-road lanes or soft To facilitate drainage and prevent water erosion, sheet flow can
pathway areas as shown on maps filed with the Permit Office, be permitted on the longitudinal slopes of four percent (4%)
are exempt from the provisions of this chapter. The City and less. Where the longitudinal slope is steeper than four
Planning Board will examine properties inside the Greenway percent, or the trail width exceeds nine and one half feet (9.5'),
Review District within five hundred (500) yards of the proposed a crowned tread surface should be used.
project for ownership, character of the properties, and c. Shoulders should be a minimum of eighteen (18)
environmental features. The Board will examine all potential inches wide on each side of the trail tread surface. Where
routes for on-road lanes, off-road trails and soft pathways, obstacles such as walls, fences, furniture, hydrants, and trees
including those proposed by the Waterfront Greenway exist, the trail shoulder(s) should be at least (3) feet wide on
Committee on maps filed with Division of Planning and the City that side(s) to prevent collision.
Permit Office. The Board will evaluate the feasibility of those d. Trail shoulders should be constructed of permeable
routes, relative to other possible routes through the area in materials, capped with a minimum of six (6) inches of soil, and
question. The Board will then present potential Greenway seeded with grass-legume seed mixture.
routes to the applicant and work with the applicant to provide e. Trail shoulders should be sloped away from the trail
the maximum routes and amenities for the Greenway. The a minimum of three percent (3%), but not exceeding five
Board will then make a recommendation to the Council on the percent (5%).
project. At a minimum the Council must determine that the Soft Pathway Segments:
project does not preclude the establishment of the Greenway Soft Pathway segments of the Greenway will consist of
through the Special Review District in the vicinity of the project pedestrian footpaths designed to preserve habitat and promote
before approving the project. the non-disruptive exploration of nature along the waterfront.
Sec. 493-6 Design Guidelines and Performance Footpath widths will vary as conditions dictate but should
Standards. .generally not exceed eight (8) feet.
A. Access for disabled users: Trail Tread Surface Materials:
The needs of people with disabilities to participate in 1. The selection of Greenway tread surface materials
activities related to the Greenway System should be fully will vary depending on site conditions and use considerations
considered in the planning and design of the System. Rest for a given segment. Surface materials will be evaluated based
areas will be fully accessible. Signage will include raised on the following: availability, life expectancy, maintenance
letters and will be in boldly contrasting colors. The Industrial required, local characteristics, and cost to purchase and install.
Heritage Trail will include appropriate curb cuts. Guide 2. Materials that can be used to surface the Off-Road
Trail or the Soft Pathway include: serve the entire region, and;
asphalt, concrete, brick, paving stones, cobblestone, graded Whereas, The Common Council has determined
aggregate stone, wood, shredded wood fiber, earth, and that the construction of the Court House project in the City of
recycled materials. Buffalo is in the best interests of the City, and;
F. Signage: Whereas, Based upon appraisals undertaken by the
1. A comprehensive signage system is a necessary City of Buffalo and the County of Erie and upon the conclusion
feature of the Greenway System. Signs should be used to of negotiations, the County of Erie has offered the City of
advise users of regulated uses, warn of unexpected conditions, Buffalo $490,000 to purchase the South Fernbach site, and;
and provide direction and guidance along the trail corridor. Whereas, The County of Erie has committed to
2. A symbol, or logo, should be developed to identify create a New Court Building Advisory Committee which will
the Greenway System in all promotional and public relations provide a forum for consideration and decisions on exterior
efforts to promote System usage. The logo should be bold, design elements of the new court house and related issues
uncomplicated, and provide an easily recognizable image. including vehicular and pedestrian traffic patterns, appearance,
3. Interpretive signage describing the trail and points of landscaping, height and mass of the building, public safety,
interest should be strategically located along the trail. and other issues. This Committee will consist of public
4. Main access points and auxiliary areas should be officials including county officials, representatives of the Office
appropriately signed us' g the International Symbols of Access. of Court Administration and representatives of the City of
G. Landscaping and Vegetation Buffalo as well as, professionals in the appropriate professions,
1. Trees, shrubs, and other vegetation in the Greenway representatives of interest groups and citizens and
System should be used for aesthetic purposes as well as for Whereas, The Mayor of the City of Buffalo will
functional purposes such as shade, habitat, erosion control, appoint two members and the Council President will appoint
filtration and benefits to the Greenway microclimate. System two members to the New Court Building Advisory Committee,
corridor design and construction methods should seek to and;
minimize disturbance of existing vegetation and promote, to the Whereas, The Common Council recognizes the
fullest extent possible, restoration of native vegetation extraordinary nature of this Courthouse project and the need to
communities. provide for a high level of coordination,
2. Post-construction maintenance requirements and Now, therefore be it
management practices necessary to keep vegetation in the Resolved, That The Buffalo Common Council
condition of good health, function, and appearance should be authorizes BURA and Mayor Masiello to sell or transfer the
evaluated and described. South Fernbach site to the County of Erie for $490,000, and;
H. Greenway Furniture Resolved That the sale or transfer of the South
Furniture should be designed and located in relation to Fernbach site be conditioned on the appointment of 4 city
System use and general characteristics of the trail corridor. representatives to the County's New Court Building Advisory
J. Lighting and Telecommunications Committee, and;
Lighting should provide adequate illumination to distinguish Resolved That the BURA board be advised that the
System features and persons using the Greenway. Public Common Council has determined that the construction of the
telephones should be located for ease of user access and Court House project by the County on the South Fernbach site
maintenance.. Sec. 493-7 Proposed Routing Corridors. is in the best interests of the City of Buffalo and be urged. to
A. The strength of the waterfront Greenway System is take all steps necessary to promptly transfer or sell the South
its linking of two of Buffalo's greatest assets - extensive Fernbach site to the County of Erie.
waterfront acreage and a magnificent Olmsted parks system. Finally Resolved That certified copies of the resolution be
This, coupled with the goal of providing easily accessible green sent to the Mayor, Corporation Counsel, Counsel to BURA,
space at the water's edge, serves as the basis for proposing County Executive, County Commissioners of Public Works and
the actual Greenway System corridors. Environment and Planning and Chief Administrative Judge
B. In adopting this ordinance amendment the Council Doyle
adopts, in concept, the attached Greenway System Map PASSED
showing proposed routes for the Greenway System. It is AYES - 13 NOES - 0
recognized that as future detailed planning of the Greenway
occurs, the exact locations and types of pathways will be NO.112
modified from the routes proposed on the Greenway System By: Mr. Quintana
Map due to environmental, traffic, physical and other GENDERDISCRIMINATIONCLAIM
parameters. The intent of the System Map is to graphically Whereas: A claim was filed by a male against the
convey the Greenway System concept and to create a basis or city of Buffalo charging gender discrimination in hiring of
departure point for future planning efforts. When projects are school crossing guards; and
proposed in the Waterfront Greenway Special Review District, Whereas: The complainant contended that he was
they need to accommodate either the route proposed in the discriminated against because of his gender in that he was not
System map, or an alternative route that is judged feasible and hired for the position of School Crossing Guard for the 1996-
desirable by the Planning Board and the Council. 1997 school year; and
C. Copies of the Greenway System Map will be kept in Whereas: Questions have been raised as to whether
the City Clerk's office, the Permit Office and the Division of the appropriate changes or corrections have been made in the
Planning. procedures for hiring crossing guards.
APPROVED AS TO FORM Now, Therefore, Be It Resolved:
Michael B. Risman That the Commissioner of Police provide this Council with a
Corporation Counsel written report on the current procedures for hiring crossing
REFERRED TO THE COMMITTEE ON COMMUNITY guards including, but not limited to, the following information:
DEVELOPMENT 1. A written policy on hiring practices;
2. Who is responsible for hiring decisions;
NO.111 3. Current make-up of crossing guards, i.e.: black,
By: Mrs. LoTempio, Messrs. Zuchlewski, Franczyk, white, hispanic, male, female;
Quintana, Mrs. Williams and Ms. Gray 4. Availability of male uniforms; and
ERIECOUNTYCOURTFACILITIESPROJECT Be It Further Resolved:
Whereas, The Buffalo Urban Renewal Agency That the report be filed with the City Clerk's office by 2:00
currently owns a parcel of land bounded by the northeasterly PM on Thursday, January 15, 1997.
boundary of Niagara Street, the northerly boundary of West REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
Eagle Street, the westerly boundary of Pearl Street, and the THE CORPORATION COUNSEL AND THE
south face of the Fernbach ramp in the City of Buffalo Which is COMMISSIONER OF POLICE
approximately 0,466 -/- acres in size, and referred to as the
"South Fernbach site", and; NO.113
By: Messrs. Quintana, Zuchlewski and
Whereas, Neither the City of Buffalo nor the Buffalo
Urban Renewal Agency have any plans for the use of the South
Franczyk
Fernbach site for the governmental functions of the City of
POLICEACTIONONNOISEORDINANCE
Buffalo or of the Buffalo Urban Renewal Agency, and;
Whereas: Peace and quiet are defining
Whereas, The County of Erie desires to acquire the
characteristics of most desirable neighborhoods; and
South Fernbach site for the construction of a public courthouse
Whereas: The deterioration of neighborhoods often
as part of a comprehensive court renovation project, and;
starts with a few inconsiderate residents broadcasting loud
Whereas, The City of Buffalo supports the need to
music at all hours, honking horns and loudly shouting and
improve and enhance the courts in the City of Buffalo that
cursing - monopolizing the tenor of a block and driving out long-
time residents who prefer peace and quiet; and currently operates out of the Polk Brothers Building; and
Whereas: Proper enforcement of the City's noise Whereas: The services provided to the residents of
ordinance is crucial to ensure a better quality of life for the far east side are a credit to this community; and
Buffalonians; and Whereas: As a tribute to a fine public servant, the
Whereas: Preventing serious crime by cracking Bailey Delavan Community Services board voted to rename the
down on less serious crimes such as disorderly conduct and Polk Brothers Building the George Kenneth Arthur Community
disturbing the peace has been used as a successful strategy in Center; and
some urban areas, with New York City being a well publicized Whereas: George K. Arthur admirably served the
example; and City of Buffalo in public office, including Common Council
Whereas: The Buffalo Police Department had begun President, and provided a tremendous example of leadership,
enforcing the City's noise ordinance and reported that they community pride and public service; and
were in the process of setting up a pilot program to establish a Whereas: Pursuant to Section 286-3 of the Code of
clear well-defined enforcement procedure; and the City of Buffalo, a public hearing is required prior to the
Whereas: It is crucial that a noise ordinance renaming; and
enforcement program be instituted and functioning smoothly in Now Therefore Be It Resolved:
time for next spring and summer; That the Common Council does hereby direct the City Clerk
Now, Therefore, Be It Resolved That: to prepare a notice of intention to change the name of the Polk
This Council requests the Commissioner of Police to Brothers Building to the George Kenneth Arthur Community
prepare the department to effectively enforce the City's noise Center and to notify the Council of the time of the public
ordinance in time for the 1998 fair weather season; and hearing in Council Chambers- and
Be It Further Resolved That: Be It Further Resolved:
This Council requests that the Commissioner of Police file a That after the public hearing, the Common Council does
report outlining the department's plans to enforce the City noise hereby rename the Polk Brothers Building the George Kenneth
ordinance along with any other planned innovations related to Arthur Community Center.
quality of life issues. Mrs. LoTempio moved
REFERRED TO THE SPECIAL COMMITTEE ON POLICE That the Last resolve be referred to the Committee on
REORGANIZATION, THE CORPORATION COUNSEL AND Legislation and the remainder of the above item be approved.
THE COMMISSIONER OF POLICE ADOPTED
NO.114 NO.116
By: Mr. QuintanaBy: Mr. Pitts and Mrs. Williams
ORDINANCEAMENDMENT NEGOTIATERESALEOF91ADAMSSTREET
CHAPTER242-HOUSINGSTANDARDS WHEREAS: 91 Adams Street was recently foreclosed
The Common Council of the City of Buffalo does hereby by the City of Buffalo for back taxes. This parcel was struck to
ordain as follows: the City after an attempt to auction its sale; and
That Section 242-11 of Chapter 242 of the Code of the City WHEREAS: The parcel was previously owned by Mr. &
of Buffalo be amended to read as follows: Mrs. Eddie Johnson who reside next door at 89 Adams Street.
§ 242-1 1. Responsibilities of owners and occupants. The Johnson's homesteaded 91 Adams in 1977 and agreed to
A. Every occupant of a dwelling or dwelling unit shall maintain it; and
keep in a clean and sanitary condition that part of the dwelling WHEREAS: As a result of the propane explosion in the
or dwelling unit and premises which he occupies and controls. early 80's, the parcel was deeded outright to the Johnson's
B. Every owner of a dwelling containing three (3) or whose garage was destroyed at 89 Adams. 91 Adams became
more dwelling units shall be responsible for the elimination of more convenient to build a new garage; and
any insanitary condition or uncleanliness in the shared or public WHEREAS: The Johnson's have always considered
areas of the dwelling and premises. 89 Adams and 91 Adams Street as one parcel, especially since
C. Every occupant of a dwelling or dwelling unit shall they used it for their garage; and
dispose of all of his rubbish in a clean and sanitary manner by WHEREAS: The City had apparently started billing the
placing it in lawful rubbish containers. Johnson's separately at 91 Adams Street in recent years
D. Every occupant of a dwelling or dwelling unit shall without informing them of the new status. The Johnson's were
dispose of all of his garbage and any other refuse which might still under the impression 89 and 91 Adams Street were one
provide food for rodents or vermin in a clean and sanitary parcel; and
manner by placing it in lawful garbage disposal facilities or WHEREAS: 91 Adams Street has absolutely no reuse
lawful garbage storage containers. It shall be the responsibility value for new housing or any other uses.
of the owner to provide such facilities or containers for each NOW THEREFORE BE IT RESOLVED THAT: The
dwelling unit in a dwelling containing more than two (2) dwelling Common Council request the Division of Real Estate and the
units and for each dwelling unit located on premises where Division of In-Rem properties to negotiate the sale of 91 Adams
more than two (2) dwelling units share the same premises, In Street to Mr. & Mrs. Eddie Johnson and file a report with the
all other cases, it shall be the responsibility of the occupant to Common Council.
supply such facilities or containers. ADOPTED
E. Every occupant and/or owner of a dwelling
containing a single dwelling unit shall be responsible for the NO.117
By: Messrs. Zuchlewski, Quintana, Coppola,
extermination of any vermin, insects, rodents or other pests
therein or on the premises, and every occupant and/or owner of
and Helfer
a dwelling unit in a dwelling containing more than one (1)
CONCERNREGARDINGTHEESTABLISHMENTOFASEX
dwelling unit shall be responsible for such extermination
OFFENSESQUAD
whenever his dwelling unit is infested. Whenever such
Whereas: Since the reorganization and the
infestation exists in two (2) or more of the dwelling units in a
establishment of the "D District," the number of detectives
multiple dwelling or in the shared or public parts of a multiple
assigned to the district has been reduced from 8 to 6; and
dwelling or wherever infestation is caused by failure of the
Whereas: In proposing the enhancement of a Sex
owner to maintain a dwelling in a reasonably ratproof or insect
Offense Squad, Police Commissioner R. Gil Kerlikowske has
proof condition, extermination thereof shall be the responsibility
proposed an additional reduction of one detective per district to
of the owner.
establish said squad; and
F. Every occupant of a dwelling or dwelling unit shall
Whereas: Although the Sex Offense Squad would
keep all plumbing fixtures, electrical fixtures, heating units,
draw an additional detective from each district throughout the
refrigerators and other provided facilities therein in a clean and
city, the reduction to 5 in the "D District" would have a negative
sanitary condition and shall be responsible for the exercise of
impact on the community; and
reasonable care in the proper use and operation thereof.
Whereas: Even with the current level of staffing, it is
APPROVED AS TO FORM
difficult for the "D District" to effectively police its large and
Michael B. Risman
diverse service area; and
Corporation Counsel
Whereas: Before such a proposal is set into motion,
Note: Matter underlined is new.
clarification and justification should be provided, including how
REFERRED TO THE COMMITTEE ON LEGISLATION
the various districts will ensure that their areas will be
adequately served following the loss of a detective;
NO.115
Now, Therefore, Be It Resolved:
By: Mr. Pitts, Ms. Gray and Mr. Fontana
That the Common Council of the City of Buffalo requests the
RENAMINGPOLKBROTHERSBUILDING
Police Commissioner to file a report clarifying and justifying his
Whereas: Bailey Delavan Community Services, Inc.
proposal to cut one detective from each district to comprise the
Sex Offense Squad; and PASSED
Be It Further Resolved: AYES - 13 NOES - 0
That the Police Commissioner be requested to include in his
report the current caseload of all detectives per district, work NO.124
schedules, and the caseload for detectives serving on the Sex BONDRES.-$100,000LANIGANFIELDHS.RECONST.
Offense Squad; and (NO.157,C.C.P.,DEC.23,1997)
Be It Finally Resolved: Mrs. LoTempio moved that the above item be taken from the
That this report be filed with the City Clerk's Office by 2:00 table.
p.m. Thursday, January 15, 1998. Seconded by Mr. Fontana
REFERRED TO THE SPECIAL COMMITTEE ON POLICE CARRIED
REORGANIZATION AND THE COMMISSIONER OF Mrs. LoTempio now moved the approval of the above item;
POLICE seconded by Mr. Manley.
PASSED
NO.118 AYES - 13 NOES - 0
By: Mr. Zuchlewski
NO.125
APPOINTMENTS
ANNOUNCEMENTOFCOMMITTEEMEETINGS
COMMISSIONEROFDEEDS
The following meetings are scheduled. All meetings are
REQUIRED-PERFORMANCEOFPUBLICDUTIES
held in the Council Chambers 13th floor, City Hall, Buffalo,
That the following persons are hereby appointed as
New York, unless otherwise noted.
Commissioner of Deeds for tile term ending December 31,
Regular Committees
1998, conditional upon tile person so appointed certifying,
Civil Service, Tuesday, Jan. 13, 1998, 9:00 A.M.
under oath, to their qualifications and filing same with the City
Finance, Tuesday, Jan. 13, 1998 following Civil Service
Clerk:
Legislation, Tuesday, January 13, 1998 at 2:00 P.M.
James J. Kaney
Community Development, Wed., Jan. 14,1998, 10:00 A.M.
Roberta M. Rzeszutek
Education, Wed., Jan. 14, 1998, 2:00 P.M., Room 1417.
Irene S.M. Klinko
Richard A. Ortiz
Ancillary Meetings
ADOPTED
Special meetings on Finance held in room 1417 on
Wednesday, January 7, 1998 at 2:30 P.M. and Friday, January
NO.119
9, 1998 at 9:30 A.M.
By: Mr. Zuchlewski
Special meeting of the Claims Committee held in Council
APPOINTMENTS
Chambers on Wednesday, January 7, 1998 at 1:00 o'clock
COMMISSIONEROFDEEDS
P.M.
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
NO.126
31,1998 , conditional upon the person so appointed certifying
ADJOURNMENT
under oath to their qualifications and filed same with the City
On a motion by Mrs. LoTempio, Seconded by Ms.
Clerk:
Kavanaugh the Council adjourned at 3:06 P.M.
Jeanette E. Kiedrowski
CHARLES L. MICHAUX, III
ADPOPTED
CITY CLERK
UNFINISHEDBUSINESS
NO.120
BONDRES.-$3,400,000SHEA'SSTAGEEXPANSION
(NO.153,C.C.P.,DEC.23,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved the approval of the above item;
seconded by Mr. Manley.
PASSED
AYES - 13 NOES - 0
NO.121
BONDRES.-$2,000,000NEIGHBORHOODDEV.DEMO.
(NO.154,C.C.P.,DEC.23,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Fontana.
CARRIED
Mrs. LoTempio now moved the approval of the above item;
seconded by Mr. Manley.
PASSED
AYES - 13 NOES - 0
122
BONDRES.-$1,000,000DELAVAN/MOSELLECTR..
(NO.155,C.C.P.,DEC.23,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Fontana.
CARRIED
Mrs. LoTempio now moved the approval of the above item;
seconded by Mr. Manley.
PASSED
AYES - 13 NOES - 0
NO.123
BONDRES.-$400,000LANIGANFIELDHS.RECONST.
(NO.156,C.C.P.,DEC.23,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Fontana.
CARRIED
Mrs. LoTempio now moved the approval of the above item;
seconded by Mr. Manley.