HomeMy WebLinkAbout99-1228
99-1228.txt
No. 24
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 28, 199
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
Rosemarie LoTempio
Charley H. Fisher
DISTRICT COUNCIL MEMBERS
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
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, 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
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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,
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
SPECIAL COMMITTEES
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
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, DECEMBER 28, 1999
AT 2:00 P.M.
PRESENT - James W. Pitts President of the
Council, and Council Members Brown, Coppola,
Fontana, Gray, Helfer, LoTempio, Manley, Pitts,
Quintana, Williams and Zuchlewski - 12.
ABSENT – Franczyk -1.
On a motion by Mrs. LoTempio, seconded by
Mr. Fontana, the minutes of the stated meeting held
on December 14, 1999
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 1
APPOINTMENT OF MEMBER TO THE
PUBLIC COLLECTIONS BOARD OF APPEALS
Pursuant to the powers vested in me by Section
293.1 of the Charter of the City of Buffalo, subject to
approval by Your Honorable Body, I hereby
re-appoint the below listed person as a member of
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the Public Collections Board of Appeals:
Gerald E. Kelly759 Bird Avenue Buffalo
14209
Mr. Kelly is being re-appointed for a three year term,
commencing immediately and expiring January 16,
2003.
I hereby certify that the above named individual is fully
qualified to continue to serve on the Public Collections
Board of Appeals.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 2
APPOINTMENT OF MEMBER TO THE EXAMINING
BOARD OF PLUMBERS
Pursuant to the provisions of Section 40-A of Article 4
of the General City Law of the State of New York and
Section 311, Article 17 of the City Charter, I hereby
appoint Samuel J. Ricchiazzi, Sr., residing at 214 West
Ferry Street, Buffalo 14213, as a member of the
Examining Board of Plumbers for a term effective
January 1, 2000 and expiring December 31, 2002.
Samuel J. Riechiazzi, Sr. 214 West Ferry Street
Buffalo, 14213
Mr. Ricchiazzi has been a Master Plumber since 1985.
He is Vice-President of Elmwood Plumbing, Inc. in
Buffalo.
I hereby certify that the above named individual is fully
qualified for appointment to the Examining Board of
Plumbers.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROIILER
NO. 3
REAPPOINT AND APPOINTMENT OF MEMBER TO
THE BOARD OF HEATING EXAMINERS
Pursuant to the powers vested in me by Section
238-17, Article II, Chapter 238 of the Buffalo Code, I
hereby reappoint and appoint the following individuals to
serve as members of the Board of Heating Examiners
for a term commencing immediately and expiring April
30, 2002:
REAPPOINTMENT: Robert H. Moffett, Sr. 776
Abbott Road 14220
Mr. Moffett's reappointment is a continuance of his term
and the new term will expire April 30, 2002.
APPOINTMENT:
Uly Hankerson 102 Alma Buffalo, 14215
Mr. Hankerson has owned Hankerson Heating & Cooling
for over 20 years. He has an Associates Degree in
Heating, Refrigeration and Air Conditioning Some of the
projects he has worked on are the Norstar Building
Corporation's Ellicott Townhomes Phase II in Buffalo,
the Clarkson Center's new home and rehab projects;
etc. Currently his projects include the installation of
HVAC systems for Peterson/Forbes Homes, Burke
Brothers Construction, etc. Mr. Hankerson's term will
commence immediately and expire April 30, 2002.
John Thomas Price175 Chapin Pkwy. Buffalo,
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14209
Tom Price has operated his business in the City of
Buffalo since 1952. He believes he would be an asset to
the Board of Heating Examiners because he has many
years of practical experience conducting business and
board meetings. Mr. Price's term will commence
immediately and expire on April 30, 2002.
EX-OFFICIO MEMBERS:
Timothy Keenan - Chief Combustion Inspector
Robert Stasio - Chief of the Bureau of Fire
Prevention
I hereby certify that the above named individuals are
fully qualified to serve on the Board of Heating
Examiners.
I would like, once again, to appoint Robert Moffett as
Chairman of the Board of Heating Examiners.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 4
REAPPOINTMENT OF MEMBER TO THE HOME
IMPROVEMENT ADVISORY BOARD
Pursuant to the powers vested in me by Chapter 144-6
of the Buffalo Code, I hereby reappoint the following
individual as a member of the Home Improvement
Advisory Board:
REAPPOINTMENT:
Mary Rose Zizzo 181 Newfield Avenue
Buffalo, 14216
Ms. Zizzo's reappointment will commence immediately
and her term will expire January 2, 2003.
I hereby certify that the above named individual is fully
qualified to serve as a member of the Home
Improvement Advisory Board.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
FROM THE CITY PLANNING BOARD
NO. 5
M. LAWLEY
75 OJIBWA CIR.
4 FLUSH MOUNT ANTENNAS,
EQUIPMENT SHELTER
ITEM NO. 81, C.C.P. 10/5/99
The City Planning Board at its regular meeting held
Tuesday, December 21, 1999, considered the matter
captioned above pursuant to Section 511-158 and 51168
of the Buffalo Code, Restrict use permits,
Telecommunications Towers and Niagara River Coastal
District respectively.
The applicant seeks to erect a 10’x12’ equipment
shelter and 4 antennas on the face of the Admirals Walk
building near the roofline. The building is located at 75
Ojibwa Cir. The property is also located within the
Waterfront Urban Renewal Plan Area. The applicants
have worked with the Division of Planning staff and the
Office of Telecommunications to present antennas and
an equipment shelter that will blend in with the building
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architecture and detail.
The Planning Board voted to recommend approval of
the proposed equipment shelter and antennas
conditioned upon approval by the office of
Telecommunications.
RECEIVED AND FILED
NO. 6
LAKESHORE BEHAVIORAL HEALTH
945-951 NIAGARA ST.
HUMAN SERVICE FACILITY
ITEM NO. 103, C.C.P. 12/14/99
The City Planning Board at its regular meeting held
Tuesday, December 21, 1999, considered the matter
captioned above pursuant to Section 511-136 of the
Buffalo Code, Use permit required for human service
facilities.
The applicant seeks to use a portion of an existing
building, located at 945-951 Niagara Street, as an
outpatient clinic for the mentally ill. Under SEQR the
proposed Human Service Facility mentally ill clinic is
considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to communicate to the
Common Council. a finding of no concentration of
human service facilities within a 1/2 mile radius of the
proposed location.
RECEIVED AND FILED
NO. 7
LAKESHORE BEHAVIORAL HEAL
945-951 NIAGARA ST.
HUMAN SERVICE FACILITY
ITEM NO. 103, C.C.P 12/14/99
The City Planning Board at its regular meeting held
Tuesday, December 21, 1999, considered the matter
captioned above pursuant to Section 511-136 of the
Buffalo Code, Use permit required for human service
facilities.
The applicant seeks to use a portion of an existing
building, located at 945-951 Niagara Street, as an
outpatient alcoholic clinic. Under SEQR the proposed
Human Service Facility alcoholic clinic is considered an
unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to communicate to the
Common Council a finding of no concentration of human
service facilities within a 1/2 mile radius of the proposed
location.
RECEIVED AND FILED
NO. 8
LAKESHORE BEHAVIORAL HEALTH
250 FRANKLIN ST.
HUMAN SERVICE FACILITY
ITEM NO. 101, C.C.P. 12/14/99
The City Planning Board at its regular meeting held
Tuesday, December 21, 1999, considered the matter
captioned above pursuant to Section 511-136 of the
Buffalo Code, Use permit required for human service
facilities.
The applicant seeks to use vacant office space as
administrative offices for a Human Service Facility at 250
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Franklin Street. Under SEQR the proposed Human
Service Facility is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to communicate to the
Common Council a finding of concentration of human
service facilities within a 1/2-mile radius of the proposed
location.
RECEIVED AND FILED
NO. 9
E. D'ABATE
1346 KENSINGTON AVE.
SIT-IN RESTAURANT
ITEM NO. 71, C.C.P. 11/16/99
The City Planning Board at its regular meeting held
Tuesday, December 21, 1999, considered the matter
captioned above pursuant to Section 511-65 of the
Buffalo Code, Kensington Bailey District.
The applicant seeks to convert an existing vacant store
into a sit-in restaurant to be located at 1346 Kensington
Ave. Under SEQR the proposed restaurant is considered
an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to receive and file the
proposed sit-in restaurant since the Common Council
has already received and filed the application.
RECEIVED AND FILED
NO. 10
J. MCGRATH
UNGER & N. LEGION DR.
SIGN ENCROACHMENT
ITEM NO. 21, C.C.P. 11/16/99
The City Planning Board at its regular meeting held
Tuesday, December 21, 1999 considered the matter
captioned above pursuant to Section 413-67 of the
Buffalo Code Encroachment regulations.
The applicant seeks erect an 8"x7’ sign which will
encroach the right-of-way at Unger and N. Legion Drive.
The sign will be located across from the intersection
between the street and Cazenovia Creek. The Planning
Board on November 23 had a motion to approve the sign
that did not carry.
The Planning Board voted to receive and file the
proposed sign since the Common Council has already
approved the sign.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 11
REPORT OF AUDIT
DEPARTMENT OF PARKS AND HUMAN SERVICES
GOLF FEE REVENUE
In response to the directive requiring the Comptroller to
file audit reports with the Common Council, I hereby
submit copies of the Golf Fee Revenue audit report for
the period April 1, 1999 to October 31, 1999.
Audit Recommendations:
•We recommend that the Division of Parks and
Recreation continue to utilize Microsoft Excel
spreadsheets to record golf revenues and course usage
in accordance with the manual prepared by the Division
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of Audit.
• Continue to diligently record data as provided by fee
collectors.
•Provide training and supervision to fee collectors to
insure that the data provided by them is accurate with
the understanding that the data derived by the
spreadsheets is only as reliable as the data provided by
the fee collectors.
•Provide a mechanism for feedback by those that utilize
the facilities to aid in future decisions in regards to
course operations, to maximize revenues and play at the
lowest possible cost.
REFERRED TO THE COMMITTEE ON FINANCE, AND
THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION.
NO. 12
Certificate of Necessity
Increased Appropriation
Fund Balance
We, Anthony M. Masiello, Mayor and Joel A.
Giambra, Comptroller, do hereby certify pursuant to
Section 41 of the Charter, that an increase in the sum of
$ 10,000 in the estimates for the fiscal year beginning
July 1, 1999 is necessary in Appropriation Allotments -
Housing & Enforcement - Capital Outlay, to meet a
contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of
increased appropriation will be met from 10700096 -
397000 Unreserved Fund Balance, not otherwise
appropriated for any other purpose. The details of the
requirements are set forth below:
TO:
1000 General Fund
16350007 - Housing & Enforcement - Capital Outlay
474 100 - Equipment $10,000
Dated: Buffalo, NY, December 15, 1999
RECEIVED AND FILED
NO. 13
Certificate of Necessity
Transfer of Funds
General City Charges
Debt Service and Related Charges
Comptroller
We, Anthony M. Masiello, Mayor and Joel A.
Giambra, Comptroller, do hereby certify, pursuant to
Section 42 of the Charter, that it is necessary that the
sum of $126,024 be transferred and reappropriated from
General City Charges - Debt Service and Related
Charges, as set forth below:
The amount to be transferred represents the
unexpended balance of an item contained in the budget
for the current fiscal year and will not be needed at this
time for the purpose for which it was appropriated.
From:
1000 General Fund
74 - General City Charges
1822 - Debt Service and Related Charges
Organization Code 17422008
Object 487202 - Revenue Anticipation Note Interest
$126,024
Total$126,024
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To:
1000 General Fund
04 - Audit & Control
1041 - Comptroller
Organization Code 10441001 - Comptroller Personal
Services
Object 411001 -Annual Salaries$57,648
Organization Code 10441006 - Comptroller Services
Object 432004 - Engineering & Technical Services
$55,000
1042 - Audit
Organization Code 10442001 - Audit Personal Services
Object 411001 -Annual Salaries$4,202
1043 - Accounting
Organization Code 10443001 -Accounting Personal
Services
Object 411001 -Annual Salaries$9,174
Total$126,024
Dated: Buffalo, NY , December 28, 1999
This ordinance shall be effective January 1, 2000.
We, ANTHONY M. MASIELLO, Mayor and JOEL A.
GIAMBRA, Comptroller, pursuant to Section 454 of the
Charter of the City of Buffalo, hereby certify that the
interests of the City will be subserved by the increase in
compensation provided for the position set forth in the
foregoing ordinance.
RECEIVED AND FILED
ANTHONY MASIELLO
MAYOR
JOEL GIAMBRA
COMPTROLLER
APPROVED AS TO FORM
MICHAEL RISMAN
CORPORATION COUNSEL
11/30/99 ATTACHMENT
NO. 14
REQUEST TO FORGIVE DEMOLITION COSTS
LAVERNE PHILLIPS
Mr. Laverne Phillips is indebted to the City of Buffalo
for the costs of demolition on properties at 43 St. Louis,
810 Best, 256 Detroit, 446 Sweet, and 207 Rodney. The
total cost of demolitions was $37,761.00.
Mr. Philips signed repayment agreements with the
Division of Collections. After assessing his financial
circumstances, we have accepted repayment at the rate
of $15.00 per month. The debtor has made payment as
agreed for over three years, resulting in a total recovery
to date of $915.00.
Mr. Phillips has requested that the City consider
acceptance of the reimbursement to date as payment in
full and forgive the balance owing.
Mr. Phillips is 100% disabled and terminally ill. We
have determined he has no assets. A previous
Bankruptcy resulted in the foreclosure of his home.
The Division of Collections deems the debt to be
uncollectable as a practical matter, and would support a
decision by the Council to forgive the remaining charges:
$36,846.00.
Thank you for your consideration.
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL, AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT
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NO. 15
USE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND
NATIONAL FUEL FOR TEMPORARY USE OF A
PORTION OF 166 DART STREET
The Comptroller's Office, Division of Real Estate, is in
receipt of a letter from National Fuel advising this office
that they have recently completed remediation activity at
the Scajaquada Creek. They have further indicated that
they are required to install a monitor/recovery well
system adjacent to the creek. As a result, they are
interested in an agreement to allow the placement of this
system on the Dart Street property, as well as use a
portion of the existing warehouse building. They would
require this use for approximately five years.
After negotiations and discussions between National
Fuel and the City (Div. Of Real Estate, Administration &
Finance, Div. Of Buildings & Parking Enforcement) it has
been agreed upon that National Fuel would utilize two
(2) parking spaces for five (5) years and fifty (50) spaces
for fifteen (15) days during construction. National Fuel
would be willing to pay the City of Buffalo a negotiated
price of Fifty Thousand Dollars ($50,000.00) to fairly
compensate the City for the lost parking revenue.
This agreement should include, but not be limited to
the following terms and conditions:
1. National Fuel shall provide insurance saving the City
harmless from any liability, as set forth per Item #197,
C.C.P. 3/31/87 - Insurance Requirements for Lease of
City-Owned Properties.
2. National Fuel will also be responsible for the cost to
repair any damages that are done to the premises as a
result of constructing and/or operating this recovery
system.
3. Upon termination of this agreement, National Fuel
will return the premises to the condition it was found or
to a condition satisfactory to the City of Buffalo.
This office recommends that Your Honorable Body
approve the Use Agreement, which shall be for a five-
year period. I am further recommending that Your
Honorable Body authorize the Corporation Counsel to
prepare the use agreement and/or any other necessary
documents and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE AND
THE CORPORATION COUNSEL
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment Effective 12/16/1999 in the Department of
AUDIT AND CONTROL Division of DATA
PROCESSING to the Position of SYSTEM ANALYST
PERM CONT STATUS CHANGE ONLY at the:
INTERMEDIATE Starting Salary of: $ 39703
KENNETH SPRAGUE 154 HEATH Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
NO. 17
Atlantic Corridor
I am again requesting that Mr. Alan DeLisle provide
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information concerning the Atlantic Corridor Program.
My discussions with Mr. Peter Huston have focused
around a program submitted to Congressman Quinn for
$1 million and Mr. Huston's role as a consultant to the
program.
In his last communication to the Council #61-A Mr.
DeLisle denies any association with Mr. Huston! Mr.
Huston insists that he was hired to perform certain tasks.
Notwithstanding Mr. Huston's role, I would still like a
copy of the Atlantic Corridor Program.
Lastly, I have asked Mr. Huston to provide a detailed
summary of his relationship with B.E.R.C.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE BUFFALO ECONOMIC
RENNAISANCE CORPORATION
NO. 18
OLMSTEAD PARKS CONSERVANCY BOARD OF
DIRECTORS APPOINTMENT
Olmsted Parks Conservancy Board of Directors
Appointment Ron Hortman a private businessman has
served as the Chairman of the South Buffalo Business
Association and Chair of the South Buffalo Corporations
Olmsted Parks Committee.
Earlier This year Mr. Hortman was notified of his
appointment to the Olmsted Parks Conservancy Board
of Directors. However, he received a letter dated August
25, 1999 that his appointment was not consummated.
I would like an explanation from Olmstead Conservancy
as to Mr. Hortman's present status.
Mr. Hortman also points out that there is no
representation from South Buffalo on the Conservancy's
Board.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE COMMISSIONER OF HUMAN SERVICES, PARKS
AND RECREATION AND THE OLMSTEAD
CONSERVNACY.
NO. 19
RESQUEST TO INVESTIGATE HICKORY WOODS
New York State Attorney General
I write to request that you consider conducting a
thorough investigation of the City of Buffalo's residential
development of the Hickory Woods area.
As you may be aware the Hickory Woods residents
have raised very serious questions about the safety of
this site with regard to the levels of contamination of
toxic substances.
The Hickory Woods project began in the early 1980's
as part of the City of Buffalo's new housing construction
program. As former L.T.V. Steel property, issues of
contamination and remediation were raised from the
start. However, notwithstanding, various incomplete
environmental tests, and ultimately, an agreement with
L.T.V. and the Buffalo Urban Renewal Agency provided
the impetus to develop the subdivision as we know it
today.
Since 1991, environmental assessments have raised
questions as to the safety and suitability of this site for
residential use. As recently as March of this year the
Buffalo Urban Renewal Agency (B.U.R.A.) has
conducted additional testing in response to complaints
from residents. Moreover, fundamental questions are
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being raised now about original agreements between
B.U.R.A. and L.T.V. as to the suitability of the property.
At issue is whether it was advisable to continue to
develop a residential subdivision without having
adequate clearance as a result of thorough and
comprehensive environmental testing.
As part of my request I have provided various
documents which provide an overview of the issues at
Hickory Woods.
What is important though is that residents are getting
sick and their dreams of owning a home and establishing
a suitable quality of life has been jeopardized. I cannot
relate to you the resentment of residents who feel that
they were duped by the developers of the area
In fact, at the December 16, 1999 meeting of the
Homeowners, videotape was shown which seems to
provide confirmation that houses were built upon what
appears to be contaminated and questionable excavated
soils.
At a Common Council Public Hearing held December
8,1999 at 7:00 p.m. at the Triangle Academy
approximately thirty residents provided wrenching
testimony about birth defects, recently diagnosed
cancers, rashes and other serious health problems.
Sadly, residents also recited existing conditions of
yellow, orange and green substances clogging sump
pumps and seeping from a berm which was built by the
developers. The residents have been advised by the
New York State Department of Health that there is no
immediate health dangers. However, they have been
advised not to dig, plant gardens or let their children play
in certain areas.
The Environmental Protection Agency and various
state agencies have all been very responsive in
approaching the problem of Hickory Woods even though
in my view they could move much quicker in realizing
what is truly an emergency. Mr. Spitzer, my request to
you is really based upon what is obvious to me and the
residents that the Hickory Woods area is unsafe and
should not have been built.
As the Common Council has weighed in on this issue it
is clear that the project was developer driven with
complicity from B.U.R.A. and City employees. The
question is whether the developers and City employees
knowingly built houses on dangerously contaminated
land, and misrepresented to homeowners that the
property was safe.
Lastly, given the Superfund status of the
Donner-Hanna Coke site adjacent to the Abby Street
site, was the original conveyance of land from L.T.V.
proper?
I would be please to meet with you at your
convenience to discuss this matter.
REFERRED TO THE COMMITTEE ON THE WHOLE
NO. 20
EPA PARTICIPATION HICKORY WOODS
CONTAMINATION ISSUE
Thank you for arranging EPA's participation in the
December 17th, 1999 meeting at the NYS Department of
Health offices in Buffalo. The Common Council
appreciates being briefed regarding your agency's
perspective on the Hickory Woods contamination issue. I
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was especially pleased to hear that Mr. Vernia is
approaching this site as a high priority.
As you know, I believe we face a crisis at this site and
feel that all levels of government are obliged to work
together to help the residents who have been put at a
great disadvantage. To that end I ask you to provide me
with a written outline of the EPA/DOH plan of action so
that our activities can be coordinated with yours. In
particular I would like the following:
* EPA's plan for more comprehensive environmental
testing of the Hickory
Woods neighborhood
? A reiteration of Mr. Verma's timeline for investigating
this site
? NYSDOH's plan for a health survey of Hickory
Woods residents
I would also like to note the following points on behalf
of the Common Council:
* We believe the residents deserve quick and
comprehensive remedies from government, including
thorough health and environmental testing, prompt
remedial action, and relocation for residents who request
it
*While the contamination that has been identified
to date is a serious problem that deserves immediate
attention, we need to look broadly at the problems of the
entire neighborhood. These include historical air and
land pollution from the Donner-Hanna and LTV
operations and extend beyond the properties that have
been tested to date to include the entire area bounded
by Abby, Hopkins, South Park and Bell If red flags are
raised by the results of independent testing at Hickory
Woods, we expect EPA to respond immediately and
appropriately.
Once again, thank you for responding to my request for
a meeting. I hope our work in the coming days and
months is productive and protective of the health and
property of the Hickory Woods residents. Should you
have any questions or concerns, or should you wish to
share new information, please don't hesitate to call me
at 851-5132.
REFERRED TO THE COMMITTEE OF THE WHOLE
FROM THE COMMISSIONER OF ASSESSMENT
NO. 21
Board of Assessment Review Replace Kevin Hannon
Item # 20, C.C.P. 11/30/99
In a prior communication this department requested
that the vacancy created by the expiration of Kevin
Hannon's term on the Board of Assessment Review be
filled. In response, your Honorable Body re-appointed
Mr. Hannon to a five year term as a permanent board
member.
On Monday, December 13, 1999, Mr. Hannon notified
this department that due to circumstances beyond his
control he regrettably will be unable to serve and
tendered his resignation.
At this time, I am respectfully requesting that the
Common Council appoint a replacement to serve the five
year term now vacant as a result of Mr. Hannon's
resignation. New and temporary board members are
scheduled for the state required training on Decenber
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28, 1999 and the Board begins hearings on January 3,
2000 therefore, an appointment is needed as soon as
possible.
RECEIVED AND FILED
NO. 22
CCP 12/14/99 # 165
Simplifying and Extending Tax
Assessment Grievance Period
CCP 12/14/99 # 166
Assessment Valuation Grievance
The City Charter puts into effect the provisions
of the N.Y. Real Property Tax Law providing for the
annual assessment challenge process. The various
forms and the instructions are all prepared by Albany
and the guidelines specify that a challenging property
owner must file on the state forms. Therefore, it is not
within the power of the City to change the forms or
requirements.
Further, the challenge is made to the new assessed
value which by RPTL and City Charter is issued
December 1st (Tentative Roll Date). Most municipalities
in New York have a single day for grievance, whereas
the City already allows for the extended period covering
the entire month of December.
Once the Roll is published, the City begins handing out
the complaint forms or mailing them when a phone or
written request is received. However, our assistance to
taxpayers does not only occur at this point. Throughout
the year, this office responds to all inquiries and instructs
owners on the process and advises them to start to
gather their data in the months leading up to the formal
challenge period.
The same laws, RPTL and City Charter, that provide
for the grievance process also establish rules requiring
compilation and publication of the Final Roll by March 1.
Thus, this office is limited in the time it has to accept,
process, hear and resolve complaints in time for the
Final Roll.
Extensions granted in the past have been sporadic and
for a myriad of reasons including inclement weather.
That is the true usefulness of the extension power, to
extend in those occurrences where unusual
circumstances warrant an extension rather than giving a
broad-based extension and having nothing left to assist
with when the need is there.
Permanently extending the filing period severely
hampers this Department's efforts to complete our Roll
as required by state law and City Charter. Any
consideration to delay the Final Roll date could impact
the budget process which needs the final assessment
values. Additionally, delaying the Final Roll date would
require changes in the time period allowed for filing small
claims and certiorari appeals and in turn could hamper
resolving the majority of these appeals in time for the
July tax bills.
Finally, extending the filing period will require greater
staff and longer hours to accept and process the forms
over the extended period. There may be a need to
schedule for additional temporary Board of Assessment
Review members and additional input staff to enter the
results in a smaller window of available time.
RECEIVED AND FILED
Page 13
99-1228.txt
NO. 23
ROBERT ZIELINSKI APPOINTMENT TO
ASSESSMENT REVIEW BOARD
ITEM 19, C.C.P. 11/30/99
AND
#168 C.C.P. DEC 14,1999
Mr. Zielinski's appointment to the Board would bring a
wealth of knowledge relative to assessment of properties
and an unparalleled background in the operations of the
Department of Assessment from his long career in this
office where he served in numerous positions
culminating in the title of Principal Assessor, the title he
held as of his retirement.
On behalf of the Department of Assessment, I would
welcome Mr. Zielinski's addition to the Board of
Assessment Review and agreed that his talents would
benefit the City.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 24
NOTIFICATION SERIAL #9162
INSTALL STOP SIGNS (ALL-WAY) IN TACOMA
AVENUE AT WELLINGTON ROAD
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 9 Section II of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto tile following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Tacoma AvenueWellington Road
This action was originally requested by home-owners
along Tacoma Avenue and Wellington Road and has the
support of the District Councilmember. This intersection
contains poor road geometrics a bend through the
intersection and significant line-of-sight obstructions
which create a hazardous condition.
NOTIFICATION SERIAL #9163
INSTALL NO STANDING SCHOOL DAYS ON
SEVENTH STREET,
EAST SIDE FROM PORTER AVENUE TO A POINT
130 ' SOUTH THEREFROM
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 22 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: NO
Page 14
99-1228.txt
STANDING
PROHIBITED
PORTION OF HIGHWAYPROHIBITED PERIOD
Seventh Street, east side8:00 a.m. - 4:00 p.m.
from Porter Avenue to School
Days a point 130'south therefrom
This action is being taken to update our records to
reflect existing on street conditions. ( See next two
serials
Notification Serial #9164
Install No Standing on Porter Avenue from a Point
130' south of Porter Avenue to a point 180' south of
Porter Avenue
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 22 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: NO
STANDING
PROHIBITED
PORTION OF HIGHWAYPROHIBITED PERIOD
From a point 130'south ofAt all times
Porter Avenue to a point 180
south of Porter Avenue
This action is being taken at the request of Buffalo
Public School 9 3 to provide safe access for City of
Buffalo Streets Sanitation trucks.
NOTIFICATION SERIAL #9165
INSTALL NO STANDING SCHOOL DAYS ON
PORTER AVENUE FROM A POINT 180 'SOUTH OF
PORTER AVENUE TO A POINT 260' SOUTH OF
PORTER AVENUE
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 22 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: NO
STANDING
PROHIBITED
PORTION OF HIGHWAYPROHIBITED PERIOD
From a point 180' south of8:00 a.m. - 4:00 p.m.
Porter Avenue to a point 260'School Days
south of Porter Avenue
This action is being taken to update our records to
reflect existing on street conditions. ( See last two serials
NOTIFICATION SERIAL #9166
INSTALL ONE-WAY STREET DIRECTION
(POLICE EMERGENCY) WEST EAGLE STREET
Page 15
99-1228.txt
- WESTBOUND FROM PEARL STREET
TO FRANKLIN STREET
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, a! stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business. That that part of Section 22 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: ONE
WAY STREET DIRECTION
NAME OF STREETDIRECTION OF TRAFFIC
MOVEMENT
West Eagle Streetwestbound
from Pearl Street
to Franklin Street
POLICE EMERGENCY - This action is being taken due
to the construction of the new court building at Pearl /
Franklin / West Eagle Streets. It will provide for safer
pedestrian access to the Main Place Mall while crossing
the Pearl / West Eagle intersection and provide for a
safer flow of vehicular traffic in the area described.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 25
ABANDON AND SELL
961 GLENWOOD AVENUE
The Division of Real Estate has notified the Buffalo
Water Board that a private individual has expressed
interest in purchasing 961 Glenwood which is owned by
the Buffalo Water Board. It is our understanding that the
prospective buyer owns a roofing business and wishes
to use the property to store equipment.
The Buffalo Water Board has certified that this property
is no longer needed for the operation of the water
system. Therefore, in accordance with Section 9.1 of the
Operation Agreement between the City of Buffalo and
the Buffalo Water Board, as amended August 1, 1997,
the Board has directed that I, as the representative of
the Board, seek the approval of your Honorable Body to
dispose of the property at 961 Glenwood.
REFERRED TO THE COMITTEE ON FINANCE, THE
DIRECTOR OF REAL ESTATE AND THE
CORPORATION COUNSEL
NO. 26
CHANGE IN CONTRACT
BUFFALO MUSEUM OF SCIENCE
TEMPORARY EXHIBIT SPACE
ELECTRICAL CONTRACT
I hereby submit to Your Honorable Body the following
changes for the Buffalo Museum of Science, Temporary
Exhibit Space, Electrical Contract, Goodwin Electric
Corp., C #91997600.
1 . Supply and install glass lenses for the six (6) brass
fixture covers around entry doors. Add $ 770.00
2. Patch and paint window jambs, head and sill around
windows #10 thru 13. Add $ 660.00
3. Supply, install and finish shoe molding around
the Perimeter of the exhibit space. Add $
660.00
Page 16
99-1228.txt
4. Provide fabric wall covering for five (5) extra
demountable panels and two (2) doors.Add $1,375.00
5. Provide duct offsets to clear light fixtures as field
directed by consultant. Add $ 814.00
The foregoing change results in a net increase in the
contract of Four Thousand Two Hundred Seventy Nine
and 00/100 Dollars ($4,279.00).
Summary: Original Amount of Contract$79,221.00
Change Order No. 1 (CCP 10/5/99; item #32)
Add $14,698.00
Amount of This Change Order (#2) Add$ 4,279.00
Revised Amount of Contract$93,919.00
These changes could not be foreseen at the time
contract was let. Costs have been reviewed by the
Consulting Architect (Hamilton, Houston, Lownie,
Architects) and the Department of Public Works and
found to be fair and equitable. Funds for this work are
available in CPF 30336406 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated December 20, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he
hereby is, authorized to issue change order No. 2, to
Goodwin Electric Corp., an increase in the amount of
$4,279.00, as more fully described in the above
communication, for work relating to the Buffalo Museum
of Science, Temporary Exhibit Space, Electrical Contract
- C 91997600. Funds for this project are to be charged to
C. P. F. #30336406 445 100 - Division of Buildings.
PASSED.
AYES-12, NOES-0
NO. 27
CHANGE IN CONTRACT
DELAVAN MOSELLE COMMUNITY CENTER
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Delavan Moselle Community Center,
General Construction, Picone Construction, C
#92010071.
1. Remove the existing sub-surface infill remaining From
the demolition of former School 23 and back Fill with
approved recycled concrete to establish a Proper
sub-base for the floor slab construction.
The existing debris includes large pieces of Concrete,
brick, steel bars, wood and other Organic materials as
well as large pockets of air. Add$ 176,070.00
2. Provide piers and grade beams at east and south
Walls of the gymnasium per the direction of the
Structural engineer. Add $ 26,457.94
3. Completion of concrete foundation under winter
Construction conditions, including lost time.
Add$ 18,436.00
The foregoing change results in a net increase in the
contract of $ 220,963.94
Summary: Original Amount of Contract
$ 2,403,800.00
Amount of This Change Order (No. 1)Add $ 220,963.94
Page 17
99-1228.txt
Revised Amount of Contract $ 2,624,763.94
These changes are the result of unsuitable material
being left on the site after demolition of former School
23. Costs have been reviewed by the Consulting
Architect (Stieglitz, Snyder Architects) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF
30332506 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above.
Mrs. LoTempio moved:
That the Commissioner of Public Works be and he
hereby is authorized to issue Change Order #1 for the
Delavan Moselle Community Center General
Construction Contract to Picone Construction c#
9201007 $220,963.94. Funds for this Work are available
PASSED
AYES - 12 NOES - 0
NO. 28
CHANGE IN CONTRACT NEW WATER LINES
TIFFT NATURE PRESERVE
1200 FUHRMANN BLVD.
I hereby submit to Your Honorable Body the following
changes for New Water Lines, Tifft Nature Preserve,
1200 Fuhrmann Blvd., Visone Construction, C
#92010099.
1. Remove and replace piping in water meter pit.
Add $ 1,927.00
The foregoing change results in a net increase in the
contract of One Thousand Nine Hundred Twenty Seven
and 00/100 Dollars ($1,927.00).
Summary: Original Amount of Contract $28,995.00
Change Order #1 (CCP 11 /16/99; item #18)
Deduct$ 1,400.00
Amount of This Change Order (#2)
Add $ 1,927.00
Revised Amount of Contract$29,522.00
These changes could not be foreseen at the time
contract was let. Costs have been reviewed by the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF
34320306 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated December 13, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he
hereby is, authorized to issue change order No. 2, to
Visone Construction, an increase in the amount of
$1,927.00, as more fully described in the above
communication, for new water lines for the Tifft Farm
Nature Preserve - C 92010099. Funds for this project
are to be charged to C. P. F. #34320306 445100
-Division of Buildings.
PASSED.
AYES-12, NOES-0
NO. 29
Page 18
99-1228.txt
CHANGE IN CONTRACT
RECONSTRUCTION OF KLEINHANS MUSIC HALL
PHASE 8B
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Reconstruction of Kleinhans Music Hall,
Phase 8B, General Construction, All State Development
Inc., C #92010012.
1. Electrostatically paint the existing lockers in lieu of
hand painting.Add $4,900.00
2. Excavate trench for new condensate pipe.
Add$ 943.00
The foregoing change results in a net increase in the
contract of Five Thousand Eight Hundred Forty Three
and 00/100 Dollars ($5,843.00).
Summary: Original Amount of Contract $54,800.00
Amount of This Change Order (#1)
Add $ 5,843.00
Revised Amount of Contract $62,643.00
These changes could not be foreseen at the time
contract was let. Costs have been reviewed by the
Consulting Architect (Hamilton, Houston, Lownie
Architects, PC) and the Department of Public Works and
found to be fair and equitable. Funds for this work are
available in CPF 30337106 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above.
Mrs. Lotempio moved
That the communication from the Department of Public
Works, dated December 13, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he
hereby is, authorized to issue change order No. 1, to All
State Development, Inc., an increase in the amount of
$5,843.00, as more fully described in the above
communication, for work relating to the Reconstruction
of Meinhans Music Hall, Phase 8B - General
Construction - C 92010012. Funds for this project are to
be charged to C. P. F. #3 03 3 7106 44 5 100 - Division
of Buildings.
PASSED.
AYES-12, NOES-0
NO. 30
CHANGE IN CONTRACT
RECONSTRUCTION OF OLD 1ST WARD
COMMUNITY CENTER
HVAC WORK
I hereby submit to Your Honorable Body the following
changes for the Reconstruction of Old 1st Ward
Community Center, HVAC Work, Buffalo Sheet Metals,
Inc., C #92010062.
1. Testing, investigation and survey of the existing
HVAC system to determine the extent of repairs
necessary to make operational.Add $3,900.00
The foregoing change results in a net increase in the
contract of Three Thousand Nine Hundred and 00/100
Dollars ($3,900.00).
Summary: Original Amount of Contract$49,200.00
Amount of This Change Order (#11)
Add $ 3,900.00
Page 19
99-1228.txt
Revised Amount of Contract $53,100.00
These changes could not be foreseen at the time
contract was let. Costs have been reviewed by the
Consulting Engineer (Jerome Biedny & Associates) and
the Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF
30341006 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above,
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated December 20, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he
hereby is, authorized to issue change order No. 1, to
Buffalo Sheet Metals, Inc., an increase in the amount of
$3,900.00, as more fully described in the above
communication, for the reconstruction of the Old Ist
Ward Community Center for HVAC work - C 92010062.
Funds for this project are to be charged to CPF 3 03
41006 445 100 - Division of Buildings.
PASSED
AYES-12, NOES-0
NO. 31
COMMON COUNCIL CHAMBER RENOVATIONS
PROJECT UPDATE
In Item #18 of the CCP 11/30/99 Your Honorable Body
requested an update on the above referenced project.
Please be advised that this department has engaged
the consulting firm of Hamilton, Houston, Lownie
Architects to prepare the bid documents for this work, as
well as for the recently reported City Hall Fire Pump
Replacement and the City Hall Emergency Generator
Replacement and Fire Alarm Upgrade work. The
consultant has addressed the life safety issues first as
represented by the bids received and is now preparing
documents for the Council Chamber skylight and ceiling
repair work. The bids for this work should be before Your
Honorable Body in March 2000.
A separate bid is to be prepared for the restoration of
the Council furnishings/finishes to be done after the
overhead work is completed. It is our intent to do the
majority of this work during August of 2000 when Your
Honorable Body is on recess.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 32
APPROVAL TO SUBMIT A SUPPLEMENTAL FOR
PAYMENT OF A SUM EQUAL TO THE DIFFERENCE
BETWEEN WAGES AND COMPENSATION BENEFITS
Mr. Robert Boone, Caulker (Permanent) in the Division
of Water was on disability from, 8/25/99-10/18/99.
Pursuant to the City Ordinance, Chapter 35, Article VI,
Section 22, each employee is entitled to a difference in
pay allowance under the provisions of the Worker
Compensation Law for a period not to exceed 6 months.
Therefore, Mr. Boone is $4,947. 64 (based on a State
Tax - $193.51, $148.37. The payment the employee of
$631.14 entitled to a difference in pay. The normal
salary for 37 days daily rate of $133.72) . Less
Page 20
99-1228.txt
deductions for Federal Tax - $557.5! FICA/Med. -
$377.03 and New York State Retirement Contribution
from the Compensation Carrier was $3,040.00 making
the difference due the employee of $631.14.
Mrs. Lotempio moved:
That the above communication from the Commissioner
of Public Works dated December 13, 1999, be received
and filed; and
That the Comptroller be, and he hereby is authorized
to pay Robert Boone, a Caulker (Permanent), in the
Division of Water the amount of $631.14 for difference in
pay allowance under the provisions of the Workers'
Compensation Law.
PASSED
AYES-12, NOES-0
NO. 33
ERIC BASIN MARINA
Attached please find the "Monthly Summary of Gross
Revenues" reported from the Rhino Room, for the Hatch
Restaurant, Gazebo and Tower, for the months of
September and October 1999.
This report is required as per Section 6, paragraph e
(ii) of the City's lease agreement with the Rhino Room
(Operator of the Hatch).
REFERRED TO THE SPECIAL COMMITTEE ON THE
MARINA TASK FORCE AND THE COMPTROLLER
NO. 34
LEASE - 475 BEARD AVENUE TO
SHOSHONE ENRICHMENT PROGRAM
The attached lease would allow the Shoshone
Enrichment Program the right to occupy the second floor
of the Shoshone Pool Building to conduct their
enrichment program for users of Shoshone Park.
If this agreement meets with your Honorable Body's
approval, I request that you authorize the Commissioner
of Public Works to enter into the lease agreement with
the Shoshone Enrichment Program.
Mrs. Lotempio moved:
That the above communication from the Commissioner
of Public Works dated December 22, 1999, be received
and filed; and
That the Commissioner of Public Works be, and he
hereby is authorized to enter into a lease agreement with
the Shoshone Enrichment Program, Inc. to occupy the
second floor of the Shoshone Pool Building at 475 Beard
Avenue to conduct their enrichment program.
Passed
AYES-12, NOES-0
NO. 35
PERMISSION TO ACCEPT GRANT AND ENTER INTO
AGREEMENTS;
EMPIRE STATE DEVELOPMENT (ESD)/CITY
KLEINHANS MUSIC HALL RESTORATION
The City of Buffalo has been awarded a grant from the
ESD in the amount of $500,000 for continuing
renovations as part of the Kleinhans Music Hall
Restoration.
Permission is being requested from your Honorable
Body to accept the grant from the ESD and authorize the
City Engineer to enter into any necessary agreements to
Page 21
99-1228.txt
facilitate the grant.
These funds will be utilized for restoration of the
reflecting pool area and surrounding infrastructure.
Mrs. Lotempio moved:
That the above communication from the Commissioner
of Public Works dated December 22, 1999, be received
and filed; and
That the Commissioner of Public Works be, and he
hereby is authorized to accept a grant from Empire State
Development in the amount of $500,000 for Kleinhans
Music Hall Restoration, and;
That the City Engineer be authorized to enter into any
necessary agreements to facilitate the grant.
PASSED
AYES-12, NOES-0
NO. 35
REQUEST PERMISSION TO ADVERTISE FOR BIDS
AND AWARD A CONTRACT FOR THE PAINTING OF
LIGHT STANDARDS FOR 2000
We hereby request your Honorable Body's permission
to advertise for bids and to award a contract for the
painting of street light standards on a City wide basis.
Painting of light standards in the City prevents costly
replacement of standards that have to be removed
because they have rusted and become dangerous. The
funds are available in Account 030335506-445100 and
construction costs are estimated at $ 100,000. A
proposed list of locations is attached for your
information.
Mrs. LoTempio Moved:
That the above communication from the Commissioner
of Public Works dated December 14, 1999, be received
and filed; and
That the Commissioner of Public Works be, and he
hereby is authorized to advertise for bids and to award a
contract for the painting of street light standards, city
wide for the year 2000 at a cost not to exceed $100,000.
Funds for this project are available in Account
#30335506-445 100.
PASSED
AYES-12, NOES-0
NO. 37
CERTIFICATE OF APPOINTMENT
Appointment Effective December 9, 1999 in the
Department ofPublic Works Division of Buildings to the
Position of Laborer I Temporary Non-Competitive at the
Intermediate Starting Salary of: $ 9.88
Carmen Pace, 230 Tacoma Street, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 38
INCREASE PENALTIES FOR ILLEGAL DUMPING
#152 C.C.P. NOV. 30, 1999
In response to the above Resolution in which you
request comment regarding the possibility of this
Department and/or the Department of Street Sanitation
to establish checkpoints on a rotational basis in order to
identify and cite illegal dumpers, please be advised that
this Department will do whatever its resources allow in
Page 22
99-1228.txt
alleviating the problem. I would point out that this
Department has had a long term commitment to assist
the Streets Department as evidenced by our having
detailed a Detective to that Department for many years
to assist in their duties.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 39
OLD PERSONAL COMPUTERS AVAILABLE FOR
AUCTION
We are respectfully requesting your permission to
auction the following equipment in the next property
auction conducted by the Buffalo Police Department.
The hard drives in all of the computers were reformatted
as to eliminate all data. This correspondence consisting
of monitors and PC's would go along with the previous
listing:
MIS #SERIAL #MODEL# CITY OF BUFFALO
2023AWBBH6472-L4F041188
2123AWLZK6472-L4F041201
1323AXPYM6472-L4F041407
96551N6C]6472-K5F042046
11023TRRHA6571-L5K042540
9755 lN6C66472-K5F042648
2323AWAXW6472-L4F041197
10423TVFTG6571-L5K042534
M23TVHAY6571-L5K042531
4523PPV7P6384-V51034814
4723LHDZC6384-M43036837
1623AWCDT6472-L4F041195
3623ZHO766384-N51034878
4823LHFRT6384-M43036831
5123LHFFW6384-M43036829
5923DBFCP6384-M30039146
6023DBAPA6384-M30039213
9423AYHFT6472-L4F041250
10923TRRKA6571-L5K042539
1523AWAVT6472-1-41F041199
MONITORS
23PWZA639G6234041187
23R21906542-301043311
23W14146542-301043521
23904926542-103042545
23PMMM939G5234034832
231124296542-301043319
232625B39G6234041260
23PMMH239G6234034855
23PXGY539G6234041200
23242816318-001039145
23PWZA739G6234041180
235846839G6234034818
232624Z39G6234041258
230935G39G6234041418
231194539G6217039530
238691739G6234034871
230922F39G6234041416
MIS5023211376314-011
230935R39G234 041412
Mrs. Lotmepio Moved:
That the above communication from the Commissioner
of Police dated December 10, 1999, be received and
filed; and
That the Commissioners of Police and General
Page 23
99-1228.txt
Services be, and they hereby are authorized to auction
the old personal computers and monitors as listed in the
above communication at the next Police Department
Property Auction. Subject to the review of the Board of
Education and other City Funded Community
organizations
PASSED
AYES-12, NOES-0
NO. 40
REMOVAL OF PROPERTY FROM VACANT
HOUSES/BLDGS
ITEM # 163, CCP DEC 14,1999
Lt. Barba from the Administrators office was consulted
on this and his concern was the limited storage space
we have for property. In the event that a resolution was
passed stating that all abandon property be the
responsibility of the Police Dept. it would be extremely
burdensome. Also much of this property may have little
or no value with no identifiable markings which would
enable us to trace ownership.
Regarding weapons and drug paraphernalia, the Police
Department already has the responsibility and
procedures in place to take control over and dispose of
these items. We also have procedures in place for the
recovery of lost or stolen property that would be deemed
to have a reasonable value. In the event a City worker
came across any of these items a Patrol District car
would be able to handle this.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
SAFETY PROCEDURE FOR ICE FISHERMEN &
OTHERS
ITEM #164. CCP DEC 14, 1999
Presently we do have an air cushion boat available to
our underwater recovery team that was purchased a few
years ago with a state grant. It is shared by several Law
Enforcement agencies in Erie County. The only
consideration that I would have concerning this is that if
an ordinance is passed that the charge be returnable to
the City Hall Adjudication Bureau and included on their
summons.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 42
USED CAR DEALER
#40 CCP NOVEMBER 3, 1999 –
"USED CAR DEALER - 1365 BAILEY AVENUE'
In response to your request for information and
comment regarding this item: Deputy Police
Commissioner Loncar has spoken with Captain William
Cusella of District C-11 and has been advised that the
applicant is well known to Captain CuselIa. The Captain
has conducted a rather extensive investigation and it is
of such nature and length to preclude its rendition in this
missive. The subject matter is well known to
Councilmember Richard Fontana who, I have been led
to believe., has or will shortly file a resolution with your
committee. If you require more definitive information
regarding this item, I would suggest that you consider
calling Captain Cusella before your committee to relate
the full details of his investigation.
Page 24
99-1228.txt
RECEIVED AND FILED
FROM THE COMMISSIONER OF FIRE
NO. 43
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE December 20, 1999
IN THE DEPARTMENT OF DIVISION OF FIRE TO THE
POSITION OF Fire Lieutenant permanent contingent
promotion at the flat Starting salary of: $53,314
David Collins
252 Eden
Buffalo, 14220
Christopher Mullen
14 Pritchard
Buffalo, 142 10
Mitchell Stewart
247 Hazelwood
Buffalo, 14215
Michael Tuberdyke
44 Old Post Road
Lancaster, 14086
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 44
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE December 20, 1999 IN
THE DEPARTMENT OF FireDIVISION OF Fire TO
THE POSITION OF Fire Lieutenant Seasonal
permanent Non-Competitive promotion at the flat
Starting salary of $53,314
Susan Brown
80 10 Burdick Road
Newstead, 14001
Thomas Bunk
286 Wayside
Depew, 14043
Thomas Reddington
50 Clark Street
Orchard Park, 14127
Daniel Renkas
1804 Crittenden Road
Alden, 14004
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 45
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE December 20, 1999 IN
THE DEPARTMENT OF Fire DIVISION OF Fire TO THE
POSITION OF Captain Temporary Seasonal
permanent contingent Non-Competitive promotion at
the flat Starting salary of: $56,020
James Seemueller 254 Warner Road Lancaster, 14086
James Miner 7062 Taylor Road Hamburg, 14075
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 46
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE December 20, 1999 IN
THE DEPARTMENT OF Fire Division OF Fire TO THE
POSITION OF Captain Temporary Seasonal
permanent Non-Competitive Maximum, at the FLAT
Starting salary of : $56,020
Scott Gurney
Page 25
99-1228.txt
10435 Trevett Road
Springville, 14141
James LaMacchia
32 Timber Lane
Orchard Park, 14127
NO. 47
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE December 20, 1999 IN
THE DEPARTMENT OF Fire DIVISION OF fire TO THE
POSITION OF Battalion Chief Seasonal permanent
contingent Non-Competitive promotion Maximum at the
flat
Starting salary of : $61,082
Michael Swanekamp
239 Pinwood
W. Seneca, 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 48
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE December 20, 1999 IN
THE DEPARTMENT OF Fire DIVISION OF fire TO THE
POSITION OF Battalion Chief permanent promotion at
the flat Starting salary of : $61,082
Patrick Britzzalaro
41 Cushing
Buffalo, 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 49
REVIEW OF NOMINEE FOR
PUBLIC COLLECTION BOARD OF APPEALS
C.C.P., 12/14/99, NO. 2
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
December 16, 1999) that the following nominee for the
Public Collection Board of Appeals has no outstanding
debts to the City:
John F. McGrath
RECEIVED AND FILED
NO. 50
NIAGARA MOHAWK BILLING DISPUTE
I am writing regarding a proposed settlement of
overbilling disputes with Niagara Mohawk.
By way of background, there are three (3) accounts in
dispute. The first account in issue involves the Roosevelt
Ice Rink. The City of Buffalo was overbilled $11,009.00
in pnincipal between April, 1976 through April, 1998. On
the Water Filtration Plant, the City of Buffalo was
overbilled by Niagara Mohawk $191,249.00 between
April, 1976 and April, 1998. With regard to street lighting
bills, the City of Buffalo has a claim for approximately
$966,000 in principal for the years 1978 through 1985.
The City of Buffalo has a claim for interest on theses
accounts. There is a question as to what rate of interest
would be appropriate. In addition, there is a legal
question as to what statute of limitations would apply.
Traditionally, a six (6) year statute of limitations has
been applied in civil lawsuits and by the Public Service
Page 26
99-1228.txt
Commission.
After extensive negotiations, a proposed settlement of
the three (3) billing disputes has been agreed upon. The
terms of the settlement agreement are as follows:
1. Niagara Mohawk will pay the City of Buffalo the
sum of $933,000 for overcharges on the ice rink
and Water Treatment Plant. Payment will be in the
form of a credit in the City's current bill,
2. Niagara Mohawk will replace and install three (3)
transformers in need of repair at the Broadway
Garage;
3. The City will receive a present total net value
decrease of $600,000 over the next four (4) years
on its street lighting bill,
4. Niagara Mohawk will cooperate and share the
cost of an independent auditor to audit their special
franchise tax assessment. The City will select the
auditor.
5. Niagara Mohawk will provide advice to the
City regarding electricity commodity purchases
for the Water Treatment Plant.
In return for these benefits, the City of Buffalo will
release all claims for past overbillings. The City's utility
consultant, Troy & Banks, has reviewed all past
accounts and believes all other overbillings have been
corrected.
The proposed settlement agreement is attached. It is
respectfully requested that the Common Council
authorize the Corporation Counsel to settle this matter in
accordance with the terms of the settlement agreement.
Mrs. Lotempio moved:
That the above communication from the Corporation
Counsel dated December 20, 1999, be received and
filed;and
That the Corporation Counsel be, and hereby is
authorized to settle the billing dispute with the Niagara
Mohawk Power Corporation in accordance with the
proposed settlement agreement as specified in the
above communication, and;
That the Mayor be and hereby is authorized to execute
such proposed settlement agreement with the Niagara
Mohawk Power Corporation.
PASSED
AYES-12, NOES-0
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 51
MAIN - LASALLE PLACE MARKET RATE NEW
HOUSING PROGRAM APPROVAL OF LAND
DISTRIBUTION AGREEMENT MARRANO/MARC
EQUITY CORPORATION
The City of Buffalo Department of Community
Development (the "Department") has duly designated
the Buffalo Neighborhood Revitalization Corporation
("BNRC") to implement the redevelopment of and
construction of the Main LaSalle Market Rate New
Housing Program. Previously, the Department through
an open Request for Proposal process, as well as based
upon successful previous market rate experience within
the City of Buffalo designated the Marrano/Marc Equity
Page 27
99-1228.txt
Corporation (the "Builder") as the qualified and eligible
Redeveloper/Builder in accordance with all applicable
rules and regulations.
BNRC and the Builder in conjunction with the
Department negotiated a Land Distribution Agreement
for the construction of thirty-one (31) market rate
housing units within the newly developed Main- LaSalle
Place Subdivision as shown on Subdivision Map Cover
prepared by TVGA Engineering, Surveying, P.C., Job
No. 988716, dated as of August 20, 1999, which drawing
is incorporated by reference (the " Project").
Please be advised that in accordance with the
provisions of Article 15 A of the New York State General
Municipal Law of the State of New York, it is now
necessary for Your Honorable Body to set a date for a
public hearing, and to direct the publication of the
appropriate notice of said hearing. In the interest of time
and in the anticipation that your Honorable Body desires
to expedite this matter, I have taken the liberty of
preparing the appropriate Resolution together with the
Notice of Public Hearing for your attention and action.
Presented herewith are the following documents:
1. Notice of Public Hearing
2.Resolution Approving Land Disposition Agreement
3. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body
may adopt a resolution approving and authorizing the
disposition of the land and duly authorize the designation
of the Marrano/Marc Equity Corporation as being the
qualified and eligible Builder for the Project.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 52
BERGER BUILDING
REDEVELOPMENT PROJECT
Pursuant to your Honorable Body's request, the
funding source for the $385,000.00 commitment to the
Berger Building Redevelopment Project will be allocated
from CDBG Administration Account #24-40200.
Mrs. Lotempio moved:
That the above communication from the Commissioner
of Community Development dated December 21, 1999
be received and filed; and
That the Commissioner of Community Development
be, and he hereby is authorized to use $385,000 from
CDBG Administration Account #24-40200 as the funding
source for the Berger Building Redevelopment Project.
Passed
Ayes-Brown, Coppola, Fisher, Fontana, Gray, Helfer,
Lotempio, Quintana, Williams, Zuchlewski-10
Noes-Gray, Pitts-2
NO. 53
REQUESTED BUDGET INFORMATION FOR MAP
BUFFALO PROJECT
The information you requested is attached.
Unfortunately we have not yet obtained the account
number for the bond sale from accounting. Once we do,
that information will be forwarded to you.
If you have any questions, please contact Chuck
Thomas at x5087 or Jill Lemke at x505O.
RECEIVED AND FILED
Page 28
99-1228.txt
NO. 54
CONTRACT #92010081 - CHANGE ORDER #1
SPERRY PARK - PAVILLION
THOMANN ASPHALT & PAVING - CONTRACTOR
I hereby submit to Your Honorable Body the following
changes for the above referenced construction contract
at Sperry Park. I request the items listed below be
deleted and/or added to the above referenced contract in
the form of Change order #1. Therefore, due to
unforeseen contingencies, we recommend and request
Change Order #1 be approved to Thomann Asphalt &
Paving and their contract #92010081 be amended to
reflect these changes.
ItemDescription Amount
#1Add: 3 asphalt paths, 6 ft. wide, leading from
circle to pavilion. $ 1, 090.00
#2Remove: 2 existing basketball goals, posts &
footers. $750.00
#3Relocate: Remove, relocate and reinstall 200 ft.
Of temp. fencing & install 60 addition ft. of chainlink.
$2,050.00
#4Add: install 3 existing picnic tables on asphalt
pads. $3, 010.00
#5Field Adjustment: relocate wood timbers to
extend safety surface area by 2 ft. $ 315.00
#6Add: Supply & place 185 tons of stone for
sub-base. $ 932.50
#7Add: Install 3 ft. rebar spikes between existing 4
ft. cc spikes along all timbers.$ 750.00
Total Change Order $ 8,897.50
Contract Sum Prior to this Change Order:
$19,980.00
Change Order#1 $8,897.50
Revised Contract Amount: $28,877.50
These additional costs and credits have been reviewed
by this Division and the consulting Landscape Architect
De Leuw Cather & Co., and are found to be fair.
I request that Your Honorable Body authorize the
Commissioner of Community Development to issue
change order #1 to the contractor on the basis of the
above. Funds for the work of this change order will be
made available in the Munis Account #30331906 for
this project.
Mrs. Lotempio moved:
That the communication from the Department of
Community Development, dated December 10, 1999, be
received and filed; and
That the Commissioner of Community Development
be, and he hereby is, authorized to issue change order
No. 1, to Thomann Asphalt & Paving - Contractor, an
increase in the amount of $8,087.50, as more fully
described in the above communication, for work relating
to the Sperry Park - Pavillion - General Construction - C
9201008 1. Funds for this project are to be charged to
Munis Account #30331906
PASSED
AYES-11, NOES-0
NO. 55
DEMOLITION ACTIVITY
This is the December 1999 monthly status report
Page 29
99-1228.txt
reflecting our activity regarding the number of
Demolitions completed and a proposed number of
Demolitions and/or Asbestos Removals for the upcoming
month. If you have any questions regarding any part of
this report please contact our office.
Total Number of Demolitions
Completed from 11/1/99 - 11/30/99:55
Proiected Activity for December 1999:
Pre-Demolition Asbestos Removal:19
( Demolition to follow)
Demolition Bids:27
RECEIVED AND FILED
NO. 56
IMPLOSION OF 210 DELAWARE AVENUE
In response to the above stated Common Council
Communication I would like to supply your Honorable
Body with & following information. During the planning
stages of the implosion of 210 Delaware Avenue the
contractor I cooperation with the Department of
Community Development has designed a complaint
procedure to legitimize a process any and all claims for
damage. As of this writing there are eight separate
complaints that are being processed through the
contractor. We in the Department Community
Development are not a party to the complaint process
and we have had no direct contact with the owners of
these structures. At this time we are have been assured
by Mainline Contracting that all legitimate complaints will
be processed and brought to a satisfactory conclusion.
We in the Department of Community Development have
not received any complaints of damage from any
property owning Representatives of the Division of
Inspections, Licenses and Permits will monitor the
progress of the investigations an repairs to assure all
claims of damage reach a satisfactory resolve. None of
the claims being processed are for structures damage.
As for the removal of the debris, the contractor has set a
target date of December 3, 1999 to have all debris
removed and placement and compacting of the sub base
for the parking lot completed. As for the implosion of
future buildings we have been informed that there will be
an implosion of the dormitory building on the Roswell
Park Memorial Institute Campus in April of 2000. It is my
sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 57
RESULTS OF NEGOTIATIONS
69 E. UTICA, 1351 W OF MICHIGAN
VACANT LOT: 30' X 130’
ASSESSED VALUATION:$ 1,700
The Department of Community Development, Division
of In-Rem Properties, has received a request to
purchase 69 East Utica from Mrs. Pamela Stokes, 50
Hamlin Road, Buffalo, New York 14208. Mrs. Pamela
Stokes, daughter and executor to the deceased Mrs.
Arnella L. Lomax owns the building at 67 East Utica
Street, which has two or more living quarters. Mrs.
Stokes intends to landscape and beautify the area for
the tenants.
The Department of Community Development and
Division of Collections have no objections to the sale.
Page 30
99-1228.txt
There are no outstanding taxes, building code violations,
or other liens owed to the City of Buffalo by the
purchaser.
An independent appraisal of the property was
conducted by Paul H. Wolf, Jr., Wolf Appraisal Service,
Inc., 152 Warren Avenue, Kenmore, New York. He has
estimated the value of the property to be Five Hundred
Dollars ($500.00). The Division of In-Rem Properties has
investigated the sale of similar properties in the subject
area. Sales prices range from Thirty-Two Cents (.32) to
Sixty-Seven Cents (.67) a square foot.
The results of our negotiations are that Mrs. Stokes
has agreed and is prepared to pay One Thousand Three
Hundred Fifty Dollars ($1,350.00), Thirty-Four Cents
(.34) a square foot, for the subject property. She has
also agreed to pay for the cost of the appraisal, transfer
tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body
approve the sale of 69 East Utica to Mrs. Pamela Stokes
in the amount of One Thousand Three Hundred Fifty
Dollars ($1,350-00). I am further recommending that the
Corporation Counsel prepare the necessary documents
for the transfer of title and that the Mayor be authorized
to execute the same.
REFERRED TO THE COMMMME ON FINANCE
NO. 58
RESULT OF NEGOTIATIONS
109 CHERRY,125’ NE HICKORY
LOT SIZE: 50' X 126’
ASSESSED VALUATION: $1,700
115 CHERRY, 175' NE HICKORY
LOT SIZE: 26' X 126’
ASSESSED VALUATION: $1,400
The Department of Community Development, Division
of In-Rem Properties, has received a request to
purchase the above properties from Roderick L.
Hennings, Pastor, for Zion Dominion Church of God in
Christ, 360 Genesee Street, Buffalo, New York 14204.
The church intends to construct a building for community
outreach programs.
The Department of Community Development and the
Division of Collections have no objections to the sale.
There are no outstanding code violations, taxes or other
liens owed to the City by the purchaser.
An independent appraisal of the property was
conducted by Mr. Dennis Walker of Able Appraisal
Associates, 43 St. Paul Street, Buffalo, New York 14209.
He has estimated the value of the properties to be Three
Thousand Seven Hundred Fifty Dollars ($3,750). The
Division of In-Rem Properties has investigated the sales
of similar properties in the area. Sales range from Thirty
Three Cents (.33) to Sixty Three Cents (.63) a square
foot.
The results of our negotiations are that Mr. Roderick L.
Hennings for Zion Dominion Church of God in Christ has
agreed and is prepared to pay Three Thousand Seven
Hundred Sixty Dollars ($3,760), which is approximately
ThirtyEight Cents (.38) a square foot for the subject
parcels. He has also agreed to pay for the cost of the
appraisal, transfer tax, recording fee's and cost of the
legal descriptions.
I am recommending that Your Honorable Body
Page 31
99-1228.txt
approve the sale of 109 and 115 Cherry Street to Zion
Dominion Church of God in Christ, in the amount of
Three Thousand Seven Hundred Sixty Dollars ($3,760).
I am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title
and that the Mayor be authorized to execute the same.
Mrs. LoTempio moved:
That the Commissioner of Community Development be
and he hereby is authorized to sell 109 and 115 Cherry
Street to Zion Dominion Church of God in Christ in the
amount of $3,760.00 and That the Corporation Counsel
be and he hereby is authorized to prepare the necessary
documents and That the Mayor be authorized to execute
the same.
PASSED
AYES -12 NOES - 0
NO. 59
THIRD CHANGE IN CONTRACT 91936900 BUFFALO
CENTRAL TERMINAL
TEMPORARY PROTECTION PHASE 1
During the construction of the above project a major
windstorm destroyed a large portion of the temporary
roofing installed. The roofs will be reinstalled at no cost
to the City of Buffalo by agreement with the insurance
company and contractor. As an added protective safety
measure, the project architect suggested that additional
wooden bracing be added for structural reinforcement.
Therefore, we recommend that the following change be
made to Contract 91936900 with Gianadda Construction
Corporation.
Add structural reinforcement to the perimeter of Roof
A, B, C & D. Add$16,008.50
Contract Summary
Original Contract Amount$243,190.00
Change Order No. 1Add53,071.22
Change Order No. 2Add57,722.16
Change Order No. 3 (This Increase)
Add16, 008 .50
New Contract Amount $369,991.88
These costs have been reviewed and approved by
Hamilton, Houston, Lownie; Project Architectural
Consultants. Funds for this work are available in account
31223606.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a
change order to Gianadda Construction Corporation as
set forth above.
Mrs. Lotempio moved:
That the communication from the Department of
Community Development, dated December 17, 1999, be
received and filed; and
That the Commissioner of Community Development
be, and he hereby is, authorized to issue change order
No. 3, to Giandda Construction Corp., an increase in the
amount of $16,008.50 as more fully described in the
above communication, for work relating to the Buffalo
Central Terminal - Temporary Protection Phase 1, C
91936900. Funds for the project are to be charged to
31223606.
Passed
Ayes-12, Noes-0
Page 32
99-1228.txt
NO. 60
TRANSFER OF TITLE, URBAN HOMESTEAD
PROGRAM 161 PEACH CITY OWNED-VACANT LOT,
LOT SIZE: 30'X 100'
The Department of Community Development has
surveyed the city-owned vacant lot at 161 Peach, the
parcel being 30' x 100'; and it has been determined that
this parcel cannot be sold is inappropriate for either the
construction of new housing or needed for public
purposes.
Mr. Rene Buster residing at 165 Peach Street indicated
that he will clean, improve and maintain the lot in the
event that he obtain title to the property under the Urban
Homestead program.
The Division of Inspections and Division of Collections
have been contacted. There are no property code
violations, taxes or other liens owed to the City of Buffalo
by the homesteader.
We, therefore, recommend that the city-owned vacant
lot be designated as a Homestead Property and be
transferred to Mr. Rene Buster on the condition that the
property is cleared and improved within (6) months and
maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 61
USED CAR DEALER
283 BROADWAY
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Used Car Dealer License
located at 283 Broadway and rind that as to form it is
correct. I have caused an investigation into the premises
for which said application for a Used Car Dealer License
is being sought and according to the attached reports
from the Zoning Office, Fire Department and Building
Inspector, I find it complies with all regulations and other
applicable laws. I have caused and investigation by the
Police Department into the moral character of Joseph
Lettieri. The attached thereto for Joseph Lettieri d/b/a
Imperial cleaning Service Inc. at 283 Broadway. This
request is submitted for your approval or whatever action
you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLAITON
NO. 62
USED CAR DEALER 1623 WILLIAM
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Used Car Dealer License
located at 162 William and find that as to form it is
correct. I have caused an investigation into the premises
for which said application for a Used Car Dealer License
is being sough and according to the attached reports
from the Zoning Office, Fire Department and Building
Inspector, I find it complies with all regulations and other
applicable laws. I have caused and investigation by the
Police Department into the moral character of Patricia
Prucnal. The attached thereto for Patricia Prucnal d/b/a
Coby's Affordable Cars Located at 1623 William. This
request is submitted for your approval or whatever action
you deem appropriate.
Page 33
99-1228.txt
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF STREET
SANITATION
NO. 63
ITEM #152, C.C.P., 11/30/99
ILLEGAL DUMPING PENALTIES
In answer to Item # 15 2, C. C. P., 11/3 0/99 (Illegal
Dumping Penalties), the following information is
submitted.
Since the year 1995, 178 illegal dumping summonses
have been issued.
To date, $24,788 has been collected for illegal
dumping; $96,340 has been forgiven at hearings, and
$163,427 remains uncollected.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 64
CERTIFICATE OF APPOINTMENT
Appointment Effective: December 20, 1999 in the
Department of Street Sanitation to the Position of Dog
Control Officer Appointment at the Intermediate Starting
Salary of $24,322
Robert Licata, 263 Baraga St. Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION
AND FINANCE
NO. 65
CHG IN CONTRACT 91992000" SCHOOL 62 COMM.
CTR.
ITEM #61, 62 CCP 12/14/99
We need to work to include as many items as possible
up front in budgeting for capital projects.
I trust this answers your question.
RECEIVED AND FILED
NO. 66
"UTILITY COSTS FOR POLONIA HALL"
ITEM #176 CCP 12/14/99
I am generally not in favor of the City increasing its
burden for utility costs. I believe that the tenant needs to
pay some share of the utilities where possible. I trust this
answers your question, and would be happy to discuss
the matter further.
RECEIVED AND FILED
NO. 67
"AUDIT - A & F - PVB"
ITEM #12, CCP 12/14/99
We are grateful for the hard work of the Comptroller's
office, and have met with them to discuss the findings of
this audit. All points contained in the audit are being
addressed.
Myself or Director Sciolino would be happy to discuss
the issue further at your Honorable Body's convenience.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 68
"PERMIT FEES"
ITEM #186 C.C.P. 12/14/99
Page 34
99-1228.txt
A study of fees, including work aimed at reviewing city
costs and a comparison to other localities, is underway
through the Urban Renewal Agency. Once the study has
been completed, we will be looking at the fees
themselves; it is my position, though, that the fees
should recover the city's cost of doing the work.
I trust this answers your question; I would be happy to
discuss the issue further at your Honorable Body's
convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 69
H. WAGNER-DIFFERENCE IN SALARY"
(#99 C.C.P. DEC. 14, 1999)
Helen Wagner is not entitled to Difference in pay for
the period 3-7-97 to 4-&97. I have attached copies of the
relevant sections of the City Charter, the 650 contract
and the Pertinent C8.
You can see Ms. Wagner received Workers'
Compensation Indemnity benefits for reduced Earnings
from 3-7-97 to 4-8-97. Since she was not considered to
be totally disabled during that period, she would not be
entitled to disability pay differential for that period.
RECEIVED AND FILED
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 70
DELAWARE PARK CONCESSION STAND
BUFFALO OLMSTED PARKS CONSERVANCY
Attached is a copy of Buffalo Olmsted Parks
Conservancy's request to take over the operations of the
Delaware Park concession stand [Deli at Delaware and
formerly The Juicery].
The issue of the Deli Delaware Inc.'s rent balance and
restaurant equipment presently in the building CCP #60
11/30/99 has been referred to Bridget Carpino, Division
of Collections for resolution.
We respectfully request your Honorable Body's
approval of the Conservancy's request in order to
proceed with the development of a contract/lease
agreement, which upon completion will be sent to you for
your approval.
Mrs. Lotempio Moved:
That the above communication from the Commissioner
of Human Services, Parks and Recreation dated
December 15, 1999, be received and filed; and
That the Commissioner of Human Services, Parks and
Recreation and the Corporation Counsel be, and they
hereby are authorized to develop a contract/lease
agreement for the operation of the Delaware Park
Concession Stand with the Buffalo Olmsted Parks
Conservancy.
Passed
Ayes-12, Noes-0
NO. 71
MOUTCO CONSTRUCTION, CO.
In response to your December 2, 1999 letter regarding
Council Member Brown's resolution asking for an
investigation on the - status a Montco Construction, Co.
Inc. as Certified Minority Contractor", Please be advise
Page 35
99-1228.txt
that Modesto Candelario, Equal Opportunity Affirmative
Action Officer will be conducting the investigation.
Please be further advise that this investigation would
take approximately 1 month to complete. Therefore, I
have nothing to report to Council at this time. Modesto
Candelario, Equal Opportunity / Affirmative Action
Officer will report to the Council finding by January 6,
1999.
REFERRED TO THE MINORITY BUSINESS
ENTERPRISE COMMITTEE
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 72
BUFFALO INNER HARBOR DEVELOPMENT
PROJECT ECONOMIC IMPACT ANALYSIS
Your Honorable Body, please find attached for
your review, an executive summary of the Buffalo
Inner Harbor Development Project Economic Impact
Analysis. The key findings have been summarized
below.
The Inner Harbor Development Project proposed by
the joint venture of The Cordish Company, Adelphia
Communications, and Benderson Development
Company is expected to total over 2 million square feet
of development at an estimated cost of over $284
million. The project will include an Urban Entertainment
Center, a National Operations Center for Adelphia
Communications, a skating rink sports center, broadcast
studios for Empire Sports Network, a hotel, and
residential units.
Upon completion, the project will support permanent
employment of over nine thousand (9,220) people,
including over four thousand - five hundred (4,563)
people directly on site. An additional 5,166 people will be
employed during construction (direct, indirect, and
induced).
The total on-site payroll will exceed $106 million
annually and stimulate an additional $91 million annually
in compensation throughout WNY. The total economic
activity supported by the project will exceed $836 million
annually, including over $547 million directly from
business activity on-site.
The project will attract approximately 1.9 million visitors
annually from outside WNY. These visitors will spend an
additional $58 million off-site from the project. New York
State, Erie County, the City of Buffalo, and other local
schools and municipalities in the County will realize a
total of over $88 million annually in new taxes as a result
of this project, including $57 million directly from the
project.
We at the BERC look forward to working with the
Common Council regarding this exciting development
project. Your comments and questions are encouraged.
REFERRED TO THE STADIUM AND THE
AUDITORIUM TASK FORCE
NO. 73
EXTEND GOVERNMENT ACCESS CONTRACT
Attached please find a proposal to extend the
government access contract for Full Circle Productions
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which would allow it to continue producing Common
Council meetings for the calendar year 2000 and provide
other related production services for Buffalo TV 2 1.
Mrs. Lotempio Moved:
That the above communication from Director of
Telecommunications be received and filed; and
That the Director of Telecommunications be, and he
hereby is authorized to enter into an agreement with Full
Circle Productions to continue producing Common
Council meetings for the calendar year 2000 and to
provide other production services for Buffalo TV 21.
Passed
Ayes-12, Noes-0
FROM THE CITY CLERK
NO. 74
LEGISLATION COMMITTEE ITEM NO. 107
NOV. 16 --- R. BROZICH, AGENT, USE 75 OJIBWA
FOR ANTENNA PLACEMENT
(TELECOMMUNICATIONS FACILITY, ADMIRAL'S
WALK)
The Office has had the opportunity to review the
revised proposal submitted by AT&T Wireless for
telecommunications antennae to be affixed to Admiral's
Walk. This new proposal appears to address the
concerns this Office had concerning the initial proposal.
We have no objections to the approval of the item.
RECEIVED AND FILED
NO. 75
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance
submitted for the following individuals in the various
departments listed below:
Substance Abuse Services Mayda Molina
RECEIVED AND FILED.
NO. 76
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me,
reporting the granting of the leaves of absence without
pay, in the various departments as listed:
Comptroller- Paul Bunvissuto
Public Works- Richard Calurica
Police- Leunard R. Valvo John Battle
Community Development- Frank Sandarelli
Street Sanitation- Robert Licata
RECEIVED AND FILED
NO. 77
REPORTS OF ATTENDANCE
I transmit herewith communications received by me,
from the various boards, commissions, agencies and
authorities reporting the membership attendance at their
respective meetings:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED
NO. 78
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of
Page 37
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Council Intern.
Mrs. LoTempio moved the approval of the
appointments to the position of Council Intern.
ADOPTED.
Appointment Effective: December 21, 1999 in the
Department of Common Council to the Position of Intern
II Seasonal Non-Competitive at the Flat
Andrew Housser, 12 Hertel Ave. #205, Buffalo, NY
14207
Kathleen Kearney, 404 Woodbridge Ave, Buffalo, NY
14214
Appointment Effective: December 6, 1999 in the
Department of Common Council Division of to the
Position of Intern II Seasonal Non-Competitive at the
Flat
Richard Clark, 20 West Oakwood Pl., Buffalo, NY 14214
Appointment Effective November 29, 1999 in the
Department of Common Council Division of to the
Position of Intern II Seasonal Non-Competitive at the
Flat
Starting Salary of: $ 5.15
Kristy Tocknell
149 Arkansas Buffalo, NY 14213
Appointment Effective: December 9, 1999 in the
Department of Common Council to the Position of Intern
III Seasonal Non-Competitive at the Flat Starting Salary
of $5.15
La Sylvia Benning, 36 Carl St, Buffalo NY 14215
Appointment Effective: December 6, 1999 in the
Department of Common Council to the Position of Intern
VI Seasonal Non-Competitive at the Flat Starting Salary
of: $ 10.00
Thomas Alvin
22 Maple Ridge Ave
Buffalo, NY 14215
Appointment Effective: December 14, 1999 in the
Department of Common Council to the Position of Intern
VI Seasonal Non-Competitive at the Flat Starting Salary
of: $ 10.00
Glenn Gross III
194 Baynes St.
Buffalo, NY 14213
Donald McReynolds
117 Goemble Ave.
Buffalo, NY 14211
Appointments-Mayor's Youth Opportunity &
Employment I transmit herewith appointments made in
the Mayor's Youth Opportunities and Employments
Programs.
RECEIVED AND FILED.
NO. 79
NOTICES OF APPOINTMENTS – MAYORS YOUTH
OPPORTUNITY AND EMPLOYMENTS PROGRAMS
I transmit herewith appointments to the position of
Mayors Youth Opportunity and Employments Programs.
Mrs. LoTempio moved the approval of the
appointments to the position of Council Intern.
ADOPTED.
Appointment Effective December 20, 1999 in the
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99-1228.txt
Department of Executive Division of Mayor to the
Position of Intern III Seasonal Non-Competitive at the
Flat Starting Salary of $5.15
Melissa Zizzo
181 Newfield Ave.
Buffalo, N.Y. 14207
NO. 80
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me,
reporting seasonal appointments made in various
departments.
RECEIVED AND FILED.
Appointment Effective November 22, 1999 in the
Department ofAdministration and Finance Division
of Civil Service to the Position of Seasonal Laborer
Seasonal Seasonal non-comp at the flat Starting
Salary of: $ 6.20/hr
Allison M. O'Leary
152 Bird Avenue
Buffalo, NY 14213
Appointment EffectiveDecember 20,1999 in the
Department ofAssessment to the Position ofClerk
Seasonal Non-Competitive at the Flat
LaMario Norwood
152 Bird Avenue
Buffalo, New York 14213
Appointment EffectiveDecember 13,1999 in the
Department ofAssessment to the Position ofClerk
Seasonal Non-Competitive Flat Starting Salary
$5.20/HR.
Susann Spagnuolo
101 Newfield Street
Buffalo, New York 14207
Appointment Effective December 13, 1999 in the
Department of Community Development Division of In
Rem to the Position of Laborer I Seasonal Appointment
at the flat Starting Salary of. $ 6.22 per hour
Donald Kelley, Jr.
751 Columbus Pkwy.
Buffalo, NY 14213
Appointment Effective: December 21, 1999 in the
Department of: General Services Division of: Inventory &
Stores to the Position of Seasonal Laborer II Seasonal
Appointment at the Flat starting salary of $6.92
Dejuane Motley
788 Fillmore Avenue
Buffalo, NY 14212
Appointment Effective: 12/22/99 in the Department of
Law to the Position of' Intern V Seasonal appointment at
the flat Starting Salary of $ 8.00 /hour
Peter Kooshian
404 Woodbridge
Buffalo, Now York 14214
Appointment Effective December 15, 1999 in the
Department ofPublic Works Division of Engineering to
the Position of Laborer I Seasonal Appointment at the
Flat Starting Salary of $6.22 per hour
William A. Buyers
121 Delsan Court
Buffalo, NY 14216
Appointment Effective December 21, 1999 in the
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99-1228.txt
Department of Street Sanitation to the Position of
Seasonal Laborer II Seasonal Non-Competitive at the
Flat Starting Salary of $6.92
Scott M. Buchanan
433 West Avenue
Buffalo, NY 14213
NO. 81
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary,
Provisional or Permanent) and for Appointments at the
Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL
SERVICE.
Appointment Effective December 22, 1999 in the
Department of Audit and Control Division of Accounting
to the Position of Senior Accountant
Contingent-Permanent Appointment the Minimum
starting salary of $34,979
Christine M. Petschke
18 Progressive
Buffalo NY 14207
Appointment Effective: 12-22-99 In the Department of:
Audit and Control Division of Audit to the Position of:
Senior Auditor Contingent Permanent Appointment at
the Minimum Starting Salary of $ 34,979
Joseph Ruggiero
40 Lyndhurst Avenue
Buffalo, NY 14216
Appointment Effective January 3, 2000 in the
Department of Community Development Division of
Inspections, Licenses and Permits to the Position of
Building Inspector Temporary Appointment at the
Minimum Starting Salary of: $ 36,765.
Ronald Collins
153 Choate
Buffalo, NY 14220
Appointment Effective 12/22/99in the Department of
Law to the Position of Deputy Corporation Counsel
Appointment, Appointment at the Yearly Flat Starting
Salary of: $6S,790.0
Kevin J. Keane
228 McKinley Parkway
Buffalo, New York 14220
Appointment Effective 12/22/99in the
Department of Law to the Position of Sr. Deputy
Corporation Counsel Appointment, Appointment at the
Flat Starting Salary of: $ 67,636
David J. State
43 Edgewood
Buffalo, Ny 14220
Appointment Effective: December 16, 1999 in the
Department of Public Works Division of Buildings to the
Position ofSenior First Engineer, Temporary
Appointment at the Flat Starting Salary $10.25
Dennis E. Schollard
41 Kimberly Avenue
Buffalo NY 14220
Appointment Effective 11/1/99 in the Department of
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Law
to the Position Of Typist Temporary, Temporary
Appointment at the Minimum Starting Salary of $23, 252
Deana M. LoVallo
12 Wellington Road
Buffalo, NY 14216
Appointment Effective: December 21, 1999 in the
Department of Public Works Division of Buildings to the
Position of Senior First Class Stationary Engineer
Temporary Appointment at the Flat Starting Salary of
$10.25
Michael A. McCool
181 Kentucky Street
Buffalo 14204
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 82
GREAT WALL MEDIA'S PROPOSED MURALS IN THE
CITY OF BUFFALO
Please accept this letter as a follow up to our ongoing
dialogue concerning our desire to place wall murals on a
limited number of buildings within the City of Buffalo.
In response to one of the concerns raised, Great Wall
Media would be willing to commit contractually to not
advertising any of the adult entertainment such as, but
not limited to, strip clubs. In addition, we would commit
ourselves to no ads promoting or depicting the use of
any tobacco products. We are not now under any
contractual commitments that would allow any other
party to challenge the enforceability of these
commitments.
In order to facilitate communication of the above terms,
we would propose providing the councilmember in
whose district the building is situated with images of the
actual ad we would install seven days before production
of the mural commences. This period is intended to
allow the councilperson time to bring any concerns to
our attention. At the same time, Great Wall would review
the ads to make sure they were in accordance with our
commitments to you.
While we may be repeating ourselves, we do ask you
to consider the benefit of the wall mural form of
communication over billboards. Rather than obscuring
the cityscape, the wall murals, by their nature, fit
themselves within the confines of the building shape. If
done well (i.e. not permitted to obscure the architectonic
features of the building, and focused on large, blank wall
spaces), Great Wall Media sincerely submits these
admittedly large murals might be helpful to the city, albeit
in a small way.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 83
REQUEST VARIANCE-BREAD OF LIFE CHURCH
Thank you for your help in pushing the permit process
forward in regards to the Bread of Life Church project. I
have enclosed some photos for you from the
groundbreaking ceremony. The steel is up and it looks
like we'll be in sometime in the late spring.
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I am in need of another nudge, however. We had
decided (after the original plans were submitted, but
before they were approved by the City) to extend the
new structure along the back of the existing building. It
made sense because that parcel of land would be
unaccessable later on.
Because of the difficulty we were having with the
original submission, our builder thought it wise to not
disrupt the process and advised us to apply for it
afterward. We have researched this, but it appears
though, that the City requirement for 20% green space
will not allow this to happen.
Jim, is there any way we can get a variance for this
building. The 'green space" they are requiring would be
in an area unseen and quite frankly, unusable. Can you
help us get a variance and expedite this process while
we still have the ability to get the equipment necessary
to do the work into this area?
Thank you for your help in completing this project. We
really believe that the Bread of Life Church and it's
outreach ministry will serve as an anchor for our South
Buffalo neighborhood. May God bless you as you labor
His behalf.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE CORPORATION COUNSEL AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT
NO. 84
CITY OF BUFFALO
BOARD OF ETHICS MEETING NOVEMBER 9, 1999
MINUTES
PRESENT: Douglas S. Coppola, Chair
James Magavern
David Hayes for Mike Risman
Charles Carr
Richard Sullivan
ABSENT: Michael Risman
Charles L. Michaux
The meeting was called to order at 9: 10 AM.
The letter of resignation received from Olga Mendell of
the Board of Ethics was received and filed.
Dan Barry of the BEDZ was present for the meeting to
answer questions from the board regarding their
exemption from the Annual Disclosure Form. The Board
requested a letter be sent to Charlie Michaux responding
to the question of the BEDZ's role in designing the zone
boundaries.
The Law Department sent Patrick Wesp and
Commissioner Joseph Giambra response letters to their
requests. Both letters were received and filed.
The next meeting is on December 14, 1999.
The meeting adjourned at 10: 00 am.
CITY OF BUFFALO
BOARD OF ETHICS MEETING OCTOBER 5, 1999
MINUTES
PRESENT:Douglas S. Coppola, CHAIR
Charles L. Michaux
James Magavern
David Hayes for Mike Risman
ABSENT: Michael Risman
Charles Carr
Richard Sullivan
Olga Mendell
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The meeting was called to order at 9:15 AM. This
meeting is rescheduled from the September 14, 1999
meeting in which a quorum was not present.
The minutes of the July 20, 1999 meeting were
approved with corrections to be made and was received
and filed.
Patrick Wesp of Hughes and Wesp sent a letter for the
board to review regarding Al Coppolas use of City
Envelopes and postage. The board concluded that they
had insufficient evidence to conduct a further
investigation of this matter of alleged improper use of
city envelopes and postage.
The continuing issue of the Pest Management Board,
the BEDZ, the Flood Hazard Review Board and the
Mayors Advisory Committee with Disabilities regarding
the filing of Annual Disclosure Statement was discussed.
The board concluded that the Advisory Committee for
Persons with Disabilities is advisory and could be
excluded from the Annual Disclosure. The board
concluded that the Flood Hazard Review Board has
policy making under the code of ethics, which as a result
they must file an annual disclosure statement.
The BEDZ is tabled to be discussed at the next ethics
meeting on November 10, 1999. The board is requesting
the presence of the President of the BEDZ, in which a
notification letter will be sent.
Commissioner Joseph Giambras copy of his itinerary
for his trip to Ft. Myers was received and the board
concluded that his trip was in the terms of the Code of
Ethics.
RECEIVED AND FILED
NO. 85
LOCAL 264-PROBLEMS WITH CHECKS
As you are aware, on the 30th of November, the
Common Council imposed a 3% pay raise for the
employees of the City's Blue Collar Unit.
We have waited 17 months to bring our contract to a
closure. Since a settlement was not reached through
negotiations, we went to impasse. A mediator was
brought in, but the outstanding issues could still not be
resolved. The next step brought us to a fact finder, to
whom we submitted our reports and awaited his findings.
His report was rejected by the City which then brought
us to imposition by the Common Council.
All this took 11 months of anticipation with the
expectancy that the Common Council ruling would bring
this marathon to an end. Now we are being told that
there is a problem in data processing and that the
earliest the retroactive payment checks can be issued is
some time in February, 2000, which means we may not
receive payment until March. Mayor, this is totally
unacceptable. Your employees have endured 17 months
of waiting, and for them to be told that it will take three
more months to process their payment is ludicrous.
They have been patient, and they have heard all of our
requests for them to continue to be patient. However, as
with everything, there is a limit to their patience. They
only want what is fair.
We are writing to request your intervention to assist
your employee in receiving what is due them. If the
power of your office is brought into this matter, your
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99-1228.txt
employees are sure that this problem can be resolved in
a much timelier manner.
The holiday season is upon us and we, the members
of Local 264, wish you and your’s a joyous Christmas
and new year. Your employees would also wish to enjoy
the festive season without the aggravation of our current
crisis.
RECEIVED AND FILED
NO. 86
CLAIM
MONTEO CONSTRUCTION COMPANY, INC.
FILLMORE-FERRY POLICE PRECINCT
CONTRACT NO. 91988500
Pursuant to Section 362 of the City Charter, enclosed
herewith for filing please find the Verified Claim of
Montco Construction Company, Inc. on the
above-referenced Contract.
Thank you in advance for your cooperation in this
matter. If you have any questions or comments, please
do not hesitate to contact the undersigned.
THE ABOVE ATTACHMENT IS AVAILABLE FOR
REVIEW IN THE CITY CLERK'S OFFICE 1302 CITY
HALL.
REFERRED TO THE MINORITY BUSINESS
ENTFRPRISE COMMITTEE
NO. 87
FAVOR-SAVING CANAL
Please SAVE THE CANAL. I would drive from Boston to
Buffalo to see the real thing.
RECEVIED AND FILED
NO. 89
SENIOR CITIZEN DISCOUNT POLICY
November 24, 1999 a letter was sent to you explaining
Adelphia's Senior Citizen Discount Policy to seniors in
the Western New York area. Our attempt was to seek
your help in implementing this Senior Citizen Policy and
provide a location that may be more convenient then that
or our satellite offices for our senior citizen customers
that meet our guidelines.
After speaking with a few municipal assessors and
clerks, I have a better understanding of the volume of
people that presently go to each of their offices to
receive their discount for the New York State STAR
program and other issues involving taxes.
We ask you to encourage senior citizens that meet
Adelphia's guidelines to call our office at 558-2222. Our
representatives will send the forms to each senior citizen
to complete and turn in to one of our satellite offices. I
have included the following addresses of our satellite
offices:
• Amherst Location: 978 Maple Road, Amherst
• Angola Location: 8535 Eric Road, Angola
• Buffalo Location: 355 Chicago Street, Buffalo
• East Aurora Location: 1841 Lapham Road, East
Aurora
• Lancaster Location: 1700 Commerce Parkway,
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Lancaster
• Lockport Location: 293 Niagara Street, Lockport
• Niagara Falls Location: 2604 Seneca Ave., Niagara
Falls
• Orchard Park Location: 4211 N. Buffalo Street, Orchard
Park
• West Seneca Location: 789 Indian Church Road, West
Seneca
If your office can, in fact, handle the senior citizen
influx at your offices, you may follow the original policy
outlined in my November 24, 1999 letter. This is your
option.
I apologize for any inconvenience this may have
caused you and appreciate your input in this and all
matters relating to the services we provide.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 90
COMMENTS-NYSDEC
I respectfully request that the enclosed letter be filed
with the Buffalo City Council for the next regularly
scheduled meeting.
Should you have any questions or need additional
information, please feel free to contact me directly at my
district office at (716) 825-6080.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 91
PROJECT AWARD-ADDITION TO SCHOOL 89
We are in receipt of your letter dated December 16,
1999 advising the award of the captioned project to
Kideney Architects.
We understand, from your correspondence, that the
winning bid came in at five hundred and fourteen
thousand six hundred and ninety dollars ($514,690.00).
After careful review of your Request for Proposal, and a
site visit to School 89, we had submitted a fee proposal
in the amount of three hundred thirty-four thousand and
three hundred sixty-five dollars ($334,365.00); that
included but was not limited to so called soft hours -
planning support and construction support.
It is also a known fact that fifty percent (50%) of this
project involved mechanical, electrical, and plumbing
(MEP) work. For that, your office selected an Architect
as lead and his subcontractor for MEP.
El Team, with the complimentary support of MEP, is a
full service A/E firm that could have supported your effort
more effectively, efficiently, and prevented the possible
expense of schedule delays and cost overruns.
As a Small Business Minority Enterprise with a history
in the City of Buffalo dating back to 1929, we have
continually approached the Buffalo Board of Education
and the City of Buffalo / Division of Planning in an effort
to secure capital project work. In the past, we have been
advised that, although our credentials were
commendable, our lack of experience on a Buffalo Board
of Education assignment and the Board's lack of
familiarity with our firm (although we have a resume of
many, many successful K-12 A/E projects throughout the
United States), had worked against us in the rating
process. We do have numerous past rejection letters,
along with the fact that we were low bid, in our file for
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your reference, should you desire to review them.
In 1999, we were retained by D'Youville College to
complete the renovations of Madonna Hall into the new
Leonardo daVinci High School. We were successful in
turning this project around in less than six (6) months -
bringing it in below budget and on schedule for the first
day of the September, 1999 school year. (Your office,
along with Dr. Harris, identified this project as a sample
of a successful undertaking - cf. BPS Report, Volume
14, Ed. 2).
In the past, we have found the verbal debriefings to be
vague and unspecific. By way of this letter, we strongly
protest this project award and ask that you provide to us
in writing, as soon as possible, the following information:
A detailed description of the selection process and
rating mechanism for the captioned project including the
name of the panel or person responsible for the
development of the short list.
The names of the firms who qualified for the short list
and their pricing submissions and qualifications.
We would appreciate your immediate action on this
request and look forward to hearing from you in the very
near future.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 92
PROPOSED REVISION TO CITY TOWING
ORDINANCE
I am counsel to the Empire State Towing and Recovery
Association (ESTRA), which is a statewide association
of tow truck operators with several members in and
around the City of Buffalo. As you will see from the
comments to follow, my client has several (mostly
technical) objections to the proposed amendments to the
Buffalo Code, but some serious substantive issues with
sections of the Code that are already on the books.
EXISTING CODE (ARTICLE I)
Section 454-2 of the Code makes it unlawful "...for any
person to conduct the business for compensation of
owning and operating or causing to be operated a tow
truck within the City of Buffalo without first having
obtained a license in the manner hereinafter set forth."
The Director of Inspections, Licenses and Permits may
issue a license (upon payment of a biennial fee of
$52.50) if "...he is reasonably satisfied that the applicant
is a responsible individual or organization, the individuals
concerned are of good character and that the statements
set forth in the application are true and that all laws and
ordinances pertaining thereto have been complied
with..."'
In recent years, ordinances such as this have been
rendered unlawful under federal law on the grounds that
they are not based primarily upon concerns of public
safety. In this regard, 49 U.S.C. §14501 (c) prohibits a
state or political subdivision from enacting a law that
relates to the "...price, route or service" of a motor carrier
of property (which has been defined to include a tow
truck), but it does not restrict the "safety regulatory
authority of a state with respect to motor vehicles".
There is also a specific provision under federal law that
preserves the right of a state or political subdivision to:
“..enact or enforce a law, regulation or other provision
relating to the price of for-hire motor vehicle
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transportation by a tow truck, if such transportation is
performed without the prior consent or authorization of
the owner or operator of the motor vehicle."
Two recent decisions that interpret this statute are R.
Mayer of Atlanta v. City of Atlanta, 158 F.3 rd 538 (11TH
Circuit, 1998), which holds that only a state (and not a
municipality) may adopt laws that relate to motor carrier
safety and Ace Auto Body and Towing v. City of New
York, 171 F.. 3 rd 765 (2nd Circuit, 1999) which holds
that municipalities may adopt such laws. In upholding
the New York City Code, the Second Circuit Court of
Appeals found as follows:
"In addition to challenging the DARP, SARD, and
ROTOW programs generally, plaintiffs also challenge
the City's specific requirements regarding licensing,
display of information, reporting, record keeping, criminal
history, insurance, posting of bond, and maintenance of
storage and repair facilities. Most of these requirements
are so directly related to safety or financial responsibility
and impose so peripheral and incidental an economic
burden that no detailed analysis is necessary to
conclude that they fall within the §14501 (c)(2)(A)
exemptions;" 171 F.3rd 765 at page 776.
Whereas some of these factors may be present in
Article II of the Buffalo Code, they are totally absent in
Article I. See, also, Harris County Wrecker Owners v.
City of Houston, 943 F. Supp 711 (S.D. Texas, 1996),
where a court did conduct a "detailed analysis" and
found a local law to be based primarily upon matters
other than public safety.
Although local towing ordinances across the country
are in the process of being re-shaped to meet the
requirements of Federal law, the Buffalo Code also
violates time-honored principles of State law, as well. In
particular, Section 80 of the General Municipal Law
prohibits municipalities from discriminating against
non-residents who wish to do business within their
territorial limits.
Citing this section of law, the Supreme Court of Suffolk
County struck down a local ordinance upon finding it to
be "...so allencompassing that it would place an
unlicensed tow truck from outside of the town in violation
of the law if it were merely passing through the Town of
Huntington with or without a motor vehicle in tow and
whether on business or not." Richard's Service Station v.
Town of Huntington, 79 Misc. 2d 834 at 837 (Supreme
Ct. Suffolk County, 1974). The Buffalo Code is equally
as broad.
Legal issues aside, the Common Council should take
note that none of the municipalities that surround Buffalo
have ordinances on their books that prohibit towers from
Buffalo from entering their respective jurisdictions for the
purpose of picking up or depositing their customers'
vehicles.
If the Common Council is concerned that a repeal of
Article I would cause a loss of licensing revenues to the
City, it could increase the fees imposed upon
"authorized towers" under Article II. Note, in this regard,
that the Town of Cheektowaga (under a nearly identical
statute) charges its authorized towers a fee of $2,000
per year.
For these reasons, we ask that the Common Council
repeal Article I of Chapter 454 of the Buffalo Code.
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NEW CODE PROVISIONS (ARTICLE II)
The new Article II of the Buffalo Code, on the other
hand, does address a legitimate need in that it seeks to
curtail dangerous "chasing" that occurs within the City.
Nevertheless, it is suggested that the Common Council
consider the following:
§454-11: Definition of an "AUTHORIZED TOW
TRUCK": The Department of Motor Vehicles does not
register vehicles as "hazard vehicles". it does, however,
register vehicles as tow trucks under V & T §401-b. It
should be noted, in this regard, that a tow truck must
have a GVWR of at least 8,600 pounds and that there
are 34 ton chassis that do not meet this weight
requirement.
Definition of a "DRIVER"': This definition should
require a driver to have all of the appropriate
endorsements required under the Vehicle and Traffic
Law. Note, in particular, that it is necessary to hold a CT
endorsement in order to operate a tow truck; V & T §501
(2) (b) (vii) .
Definition of a "HEAVY TOW TRUCK": Heavy duty
towing is referred to elsewhere in the Code (§454-24
(B)) as the towing of a vehicle that weighs over 10, 000
pounds. The two provisions should be reconciled, or
(better yet) reduced to 6,500 pounds GVWR.
Definition of "LETTER OF AUTHORIZATION": a
twenty-four hour rescission notice does not provide
sufficient due process safeguards to towers who are
removed from the program by the City.
Definition of "TOWING": It is possible to transport
more than "a single motor vehicle" at one time by the
use of a car carrier.
§454-12 (E) : it is possible that this section could be
construed to require the police to authorize the removals
of all vehicles that are parked on private property without
the consent of the owner of the property. Although it is
doubtful that this was intended, the Common Council
may wish to consider regulating these types of tows
because they are non-consent tows within the meaning
of federal law.
§454-15 (A) (12): Note that it is necessary for a tow
truck to carry a minimum of $300,000 in liability
insurance and $25,000 in "onhook" coverage under V &
T §311. Most professional towers carry at least $1
million in liability insurance and it is not uncommon for
municipalities to be named as insureds on policies held
by authorized towers.
§454-15 (A) (13): Note that the Town of Cheektowaga
requires an authorized tower to honor a Visa or Master
card
§454-16; Annual License Fee: It is unclear if this fee
is payable in addition to the $52.50 fee that is mandated
under Chapter 175. As explained earlier, the Chapter
175 fee should be repealed and the annual license fee
for authorized towers should be increased.
§454-17 (B) (1): The "except in emergencies"
language should be deleted because it encourages
speeding to accident scenes.
§454-17 (B) (4): It is unreasonable to demand that
storage lots be manned on weekends (particularly
Sundays). Compare, for example, the provisions
contained in this section to §78-7 (4) of the Town of
Cheektowaga Towing Law.
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§454-17 (B) (5): It is unreasonable to demand that a
fee schedule be printed on business cards.
§454-17 (B) (6): An authorized tower should maintain
at least two tow trucks and a car carrier.
§454-17 (B) (9): A tower should be allowed to provide
these services for free.
§454-18 (A): There is no such thing as an "emergency
amber light". Amber lights are affixed to hazard vehicles
pursuant to V & T §375 (41) (3).
§458-18; Required Minimum Equipment: Not all
modern tow trucks (particularly light duty) come
equipped with a push bar, lifting boom winch, etc.
Further discussion should be held with persons in the
industry to determine reasonable equipment
requirements under this section.
§458-18This section may require authorized
towers to re paint their trucks because it conflicts with
§454-5of the existing code.
§455-19; Storage of Towed Vehicles: It should be
determined if the fencing, lighting and storage
requirements contained in this section present an undue
hardship to eligible applicants.
§454-19 (L) : Note that §184 of the Lien Law requires
towers to provide certain notices (i.e., 5 and 20 days,
respectively) to owners and lienholders of vehicles that
are towed at the request of the police. However, this
provision of law does not apply in localities (such as New
York City and Buffalo) that require vehicles to be turned
over to them after a certain period of time.
§454-23: There is no need to require tow zones to be
established within 60 days from the effective date of the
chapter.
§454-24; Rate Schedule: As was the case with many
other provisions of this code, this rate schedule was
copied, verbatim, from the Town of Cheektowaga
Towing Law, which is at least ten years old. Attached
hereto are proposed amendments to the Cheektowaga
law, which more closely reflect current market
conditions. It should also be noted that Cheektowaga is
perhaps the only jurisdiction in the entire State (other
than the Thruway) that regulates rates for heavy duty
tows. These rates should either be deleted from the
Code or amended to become hourly rates similar to ones
found on the Thruway (see attached rate sheet).
Thank you for the opportunity to comment on these
proposed amendments to the Buffalo Code, and please
do not hesitate to contact me if you have any questions
concerning the foregoing.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 93
BERGER BUILDING PROJECT
Pursuant to your request, the following are properties in
which I have an ownership interest within the immediate
vicinity(two blocks) of the L.L. Berger Building
Mohawk Building 478 Main Street Buffalo, NY
Courtyard Mall 460 Main Street Buffalo, NY
Insofar as the name relevance to the Berger
proprietary information Paladino, there will be Building
property.
As to the other properties which I have an interest in
downtown Buffalo that are located outside of the
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99-1228.txt
immediate area of this project, we respectfully decline
your request. We do not believe that this information is
relevant to the matter at hand nor are we authorized to
release such information.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 94
FORMER STEEL MANUFACTURING SITE
VOLUNTARY CLEANUP REPORTS-LTV
As requested by Mr. Doster of the of the NYS
Department of Environmental Conservation, enclosed for
your use for a City document repository are the following
reports regarding the Voluntary Cleanup Project being
performed by LTV Steel Company and the Hanna
Furnace Corporation at their former steel plant site:
*Area I - Republic Steel Plant Parcel, Voluntary
Cleanup Site Assessment Report; April 1999 by TurnKey
Environmental Restoration
* Area 11 - Donner-Hanna Coke Plant Parcel, Area III -
Republic Steel Warehouse Parcel, Area IV -
Donner-Hanna Coke Yard Parcel, Voluntary Cleanup
Site Assessment Report; April 1999 by TurnKey
Environmental Restoration
* Area I - Republic Steel Plant Parcel and Gas Holder
Subarea of Area 11, Voluntary Cleanup Site Assessment
Report - Addendum No. 1; October 1999 by TurnKey
Environmental Restoration
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 95
CONTINUE PARTNERSHIP- 2 BOARD
APPOINTMENTS
As you know, the Buffalo Olmsted Parks Conservancy
has developed a strong public/private partnership with
the city of Buffalo to promote, preserve, and enhance
Buffalo's entire system of Olmsted parks and parkways.
We've long appreciated your support of our mission,
Through the recent awarding of our Lila Wallace -
Reader's Digest $700,000 matching grant, we now have
funding in place to begin to enhance community
programming, restore park infrastructure, and reforest
Delaware, Martin Luther King, Jr. and Front Parks. The
city's support of this grant, via matching dollars, has
been generous and very much appreciated.
Specifically, I would now like to address the initiatives
the Conservancy has undertaken to duplicate our Lila
Wallace work in the Olmsted parks in South Buffalo.
Two board members from South Buffalo were
appointed to the Conservancy's Board of Trustees at out
November 4,1999 annual meeting. Both people fill the
requirements for board candidacy as developed by the
Conservancy's Board Development Committee. These
requirements include:
? Demonstrated belief in the Conservancy's mission by
working with the Conservancy's staff and/or
board on park projects, Regularly donating time,
effort and/or funds to the organization.
The two South Buffalo board members are: Jeff Belt,
33 Newman Place, Buffalo, New York 14210, who lives
across the street from Cazenovia Park. He has long
been an advocate of Olmsted parks and has worked with
the Conservancy diligently on issues relating to Front
Page 50
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Park and the Peace Bridge. He has committed the same
type of effort to forward the Conservancy's mission in
Cazenovia Park.
Dr. David B. Headley, Executive Director, 3uffalo and
Erie County Botanical Gardens, who works every day in
South Park and lives in South Buffalo, Dr. Headley has
studied extensively Olmsted's plans for South Park he
helped to recreate, with the Conservancy, the WNY
Nurserymens Association, Erie County and the city of
Buffalo, the park's Shrub Garden and has been a
consistent advocate for South Park.
In addition, the Conservancy lobbied the Erie County
Legislature to extend the reach of our Lila Wallace grant
into South Buffalo. The Legislature in the County's 2000
budget provided $175,000 to the Conservancy to fund
the first year of a three-year plan for capital improvement
in South Park.
We look forward to continuing our partnership for the
betterment of Buffalo and its historic park and parkway
system.
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO. 96
D. PLONKA, AGENT, USE 1487 MAIN ST. FOR A
HUMAN SERVICES FACILITY
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY DEVELOPMFNT AND CORPORATION
COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
(BEVELY A. GRAY, CHAIRPERSON)
NO. 97
APPOINTMENTS
WATER METER MECHANIC (MAX) (PW)
(ITEM NO. 39-C.C.P. DEC. 14, 1999)
That Communication 39, Dec. 14, 1999 be received
and filed and the temporary appointments of Andrew
Barth and Patrick Farrell stated above at the maximum
salary of $31,589 effective on December 13, 1999 is
hereby approved.
PASSED
AYES-12, NOES-0
NO. 98
APPOINTMENT
POLICE INSPECTOR (MAX) (POLICE)
(ITEM NO. 43-C.C.P. DEC. 14,1999)
That Communication 43, Dec. 14, 1999 be received
and filed and the permanent appointment of Patrick G.
Stafford stated above at the flat salary of $67,214
effective on December 6, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 99
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APPOINTMENT
PERSONNEL ASST. (INTER) (A&F)
(ITEM NO. 66-C.C.P. DEC, 14, 1999)
That Communication 66, Dec. 14, 1999 be received
and filed and the temporary appointment of Willie B.
McLaughlin stated above at the Inter salary of $27,154
effective on November 29, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 100
NOTICES OF APPT. -TEMP./PROV. /PERM. (CC)
(CCP#85-DEC. 14, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 101
H. WAGNER-DIFF. IN SALARY
(CCP#99-DEE. 14, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 102
SALARY ORDINANCE AMENDMENT
20-DEPARTMENT OF POLICE
POLICE ADMINISTRATION
103 - DIVISION OF PATROL SERVICES
(ITEM NO. 177, C.C.P., DEC. 14, 1999)
That the Salary Ordinance Amendment as contained in
Item No. 177, C.C.P., December 14, 1999, be and the
same hereby is approved.
Passed
AYES-12, NOES-0
NO. 103
SALARY ORDINANCE AMENDMENT
21 -DEPARTMENT OF FIRE
1132 - DIVISION OF FIRE FIGHTING SERVICES
1134 - FIRE DEFENSE AND TRAINING SERVICES
(ITEM NO. 178, C. C. P., DEC. 14, 1999)
That the Salary Ordinance Amendment as contained in
Item No. 178, C.C.P., December 14, 1999, be and the
same hereby is approved.
Passed
Ayes-12, Noes-0
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 104
PROPOSED TRANSFER OF DUNN TIRE PARK TO
ERIE COUNTY
(ITEM NO. 151, C.C.P., OCT. 5, 1999)
That this Common Council request the assistance of
the County of Erie in restructuring the Dunn Tire Park
lease agreement so that this region can continue to
enjoy Bison baseball without saddling the City taxpayer
with an unnecessary and burdensome debt from the
lease well into the 21 " century; and
That the Mayor of the City of Buffalo and the
Comptroller join the Common Council in requesting the
Page 52
99-1228.txt
County Executive to help the City correct this financial
loss to the City.
Adopted
NO. 105
COST RECOVERY - POLICE DEPARTMENT
UNDERWATER RECOVERY TEAM COSTS
(ITEM NO. 189, C.C.P., JUNE 1, 1999)
That the Police Department provide the Common
Council with information regarding any previous attempts
to recoup costs resulting from water recoveries involving
the Police Underwater Recovery Team; and
That a representative of the Police Underwater
Recovery Team work with the Corporation Counsel and
any other necessary City department(s) to develop a
plan which would enable the City to recoup costs
associated with underwater recoveries involving the
Police Underwater Recovery Team;
That a copy of this plan be filed with the Common
Council.
Adopted
NO. 106
COST RECOVERY-UNDERWATER RECOVERY
TEAM (URT) (POLICE)
(CCP#51 -JULY 27, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 107
C. BOYD-NEW WATER METERING PROGRAM
(CCP#56-NOV. 3, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 108
WATERLINE REPLACEMENT PROJECTS (PW)
(CCP#38-DEC. 14,99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 109
REPORT OF AUCTION - 249 HIGH
(ITEM NO. 58, C.C.P., SEPT. 7, 1999)
(ITEM NO. 103, C.C.P., NOV. 30, 1999)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation.
Mrs. Lotempio Moved:
That the offer from Mr. Roger Pryor, 30 Kosciuszko
Street, in the sum of Four Hundred Dollars ($400.00) to
purchase the property described as 249 High Street, be
and hereby is accepted, and
The buyer will be required to pay a ten percent (10%)
buyer premium to Cash Realty and Auction; and
That the Corporation Counsel be authorized to prepare
the necessary documents for the transfer of title and that
the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bids
were submitted.
Passed.
Page 53
99-1228.txt
Ayes-12, Noes-0
NO. 110
REPORT OF AUCTION - 129 LEMON
(ITEM NO. 31, C.C.P., OCT. 19, 1999)
(ITEM NO. 104, C.C.P., NOV. 30, 1999)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation.
Mrs. Lotempio Moved:
That the offer from Mr. David Moore, residing at 16
Manhart Street, in the sum of Four Hundred Dollars
($400.00) to purchase the property described as 129
Lemon, be and hereby is accepted, and
The buyer will be required to pay a ten percent (10%)
buyer premium to Cash Realty and Auction, and
That the Corporation Counsel be authorized to prepare
the necessary documents for the transfer of title and that
the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bids
were submitted.
Passed.
Ayes-12, Noes-0
NO. 111
REPORT OF AUCTION - 216 HUDSON
STREET
(ITEM NO. 57, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio moved:
That the offer from Mr. Emmanuel Ramos,
residing at 207 Hudson Street, in the sum of
Eight Thousand Two Hundred Fifty Dollars
($8,250.00) to purchase the property
described as 216 Hudson Street, be and
hereby is accepted; and
The buyer will be required to pay a ten
percent (10%) buyer premium to Cash
Realty and Auction, and
That the Corporation Counsel be
authorized to prepare the necessary
documents for the transfer of title and that
the Mayor be authorized to execute the
same, in accordance with the terms of sale
upon which the bids were submitted.
Passed.
Ayes-12, Noes-0
NO. 112
BUFFALO CIVIC AUTO RAMPS INC. -
MANAGEMENT AGREEMENT RENEWAL
(ITEM NO. 3, C.C.P., NOV. 30, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio Moved
That the Mayor and the Director of Parking
be, and they hereby are authorized to
execute the Management Agreement
between the City and the Buffalo Civic Auto
Ramps, Inc. for three (3) years, effective as
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99-1228.txt
of July 1, 1999 with an additional two (2)
year term unless the City exercise its right to
terminate the Agreement.
Passed.
Ayes-12,Noes-0
NO. 113
BCAR MGMT. RENEWAL (PKG. BD.)
(CCP#4-DEC. 14,99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 114
BFLO CIVIC AUTO RAMPS INC/MNGT.
AGMT. RENEWAL (COMPT.)
(CCP#13-Dec. 14,99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 115
CHECKS RECEIVED (POL) (CCP#49-NOV.
30,99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 116
CHECKS RECEIVED (POL)
(CCP#40-DEC. 14,99)
That the above item be and the same
hereby is received and filed,
ADOPTED
NO. 117
OLD PERSONAL COMPUTERS
AVAILABLE FOR AUCTION
(ITEM NO. 42, C.C.P., DEC. 14, 1999)
That the Commissioners of Police and
General Services be, and they hereby are
authorized to auction the personal
computers available in the Police
Department to the highest responsible
bidders.
Passed.
Ayes-12, Noes-0
NO. 118
SELL OBSOLETE EQUIPMENT
(ITEM NO. 69, C.C.P., DEC. 14, 1999)
That the Commissioner of General
Services be, and he hereby is authorized to
sell an obsolete multi 1850 offset press for
$300.00 to Art Pepe, an employee of the
Print Shop.
Passed.
Ayes-12, Noes-0
NO. 119
SELL OBSELETE EQUIPMENT
(ITEM NO. 69, C.C.P. , Dec 14, 1999)
That the Commissioner of General
Page 55
99-1228.txt
Services be, and he hereby is authorized to
sell an obselete multi 1850 offset press for
$300.00 to Art Pepe, an employee of the
Print Shop.
PASSED
AYES-12, NOES-0
NO. 120
WAIVE PERFORMANCE BOND
(ITEM NO. 70, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio moved
That the above item be recommitted to the
Committee.
On Finance
ADOPTED.
NO. 121
ACQUISITION OF 533 MILITARY ROAD
(ITEM NO. 10, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio Moved:
That the Comptroller be, and he hereby is
authorized to purchase 533 Military Road in
the amount of Eighty-Five Thousand Dollars
($85,000.00) from Mrs. Immacolata Capozzi.
Funds for this acquisition are available in
CPF202-401-003; and
That the Corporation Counsel be
authorized to prepare the necessary
documents for the transfer of title and that
the Mayor be authorized to execute the
same.
Passed.
Ayes-12, Noes-0
NO. 122
LEASE - 155 LAWN AVENUE
(ITEM NO. 11, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio Moved:
That the Comptroller be, and he hereby is
authorized to amend the lease between the
City and the Northwest Buffalo Community
Center, Inc., for use of former School 479,
located at 155 Lawn Avenue, to sublease 9
classrooms for offices and instructional
space for a period expiring on August 31,
2008. That the Corporation Counsel be, and
he hereby is authorized to prepare the
necessary documents to amend said lease
and that the Mayor be authorized to execute
the same.
Passed.
Ayes-12, Noes-0
Page 56
99-1228.txt
NO. 123
CHANGE IN CONTRACT - SCHOOL #62
COMMUNITY CENTER
(ITEM NO. 61, C.C,P., DEC. 14, 1999)
That the Commissioner of Community
Development be, and he hereby is
authorized to issue change order No. 3, to
Miller Enterprises, Inc., an increase in the
amount of $230,059.00, as more fully
described in the above communication, for
work relating to School 462 Community
Center, General, Contract No. 91992000.
Funds for this project are available in the
new 99-00' Capital Project Accounts.
Passed
Ayes-12, Noes-0
NO. 124
CHANGE IN CONTRACT - SCHOOL #62
COMMUNITY CENTER HVAC WORK
(ITEM NO. 62, C.C.P., DEC. 14, 1999)
That the Commissioner of Community
Development be, and he hereby is
authorized to issue change order No. 3, to
John W. Danforth Company, an increase in
the amount of $2,530.00, as more fully
described in the above communication, for
work relating to School #62 Community
Center, HVAC Work, Contract No.
91993400. Funds for this project are
available in the new
99-00' Capital Project Account.
Passed
Ayes-12, Noes-0
NO. 125
REPORT BIDS - EMERGENCY
GENERATOR REPLACEMENT
(ITEM NO. 28, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio Moved:
That the Commissioner of Public Works
be, and he hereby is authorized to award a
contract for City Hall Emergency Generator
Replacement, Fire Marm Upgrade to Frey
Electric Construction, the lowest responsible
bidder, in the amount of $412,000.00. Funds
for the project are available in CPF
30336906 445 100 and - CPF 30334706
445 100 Division of Buildings.
Passed
Ayes-12, Noes-0
NO. 126
SIMPLIFYING AND EXTENDING THE TAX
ASSESSMENT GRIEVANCE PROCESS
(ITEM NO. 165, C.C.P., DEC. 14, 1999)
That this Common Council requests from
the Commissioner of Assessment
recommendations for improving the process
of grieving tax assessments including the
Page 57
99-1228.txt
possibility of permanently extending the time
period which a homeowner may grieve their
assessment and providing homeowners with
all the necessary information at the
Assessor's Office.
Adopted.
NO. 127
LOCAL LAW INTRO. NO. 8 (1999)
GRIEVANCES
(ITEM NO. 166, C.C.P., DEC. 14, 1999)
That the Local Law as contained in Item
No. 166, C.C.P., December 14, 1999, be
and the same hereby is approved.
Passed
Ayes-Brown, Coppola, Fisher, Fontana,
Gray, Lotempio, Manley, Pitts, Quintana,
Williams, Zuchlewski-12
Noes-Helfer-1
NO. 128
UTILIZATION OF PROJECT LABOR
AGREEMENTS FOR CITY
CONSTRUCTION PROJECTS
(ITEM NO. 167, C.C.P., DEC. 14, 1999)
That the City enacts the following pre-bid
mandate:
1. That on all public works projects
estimated to exceed, in the aggregate,
$1,000,000, the applicable City department,
authority or instrumentality shall, at least
sixty (60) days prior to inviting bids,
commence negotiations for a Project Labor
Agreement with an appropriate labor
organization(s);
2. That in those instances where a Project
Labor Agreement is negotiated, an
independent consultant shall be retained to
review the proposed project and the
negotiated Project Labor Agreement and to
thereafter provide to the City a report
describing the unique and/or complex
aspects of the project, if any, together with
an analysis of the fiscal implications to the
City if the Project Labor Agreement is
incorporated in the bid specifications;
3. That upon receipt of the independent
consultant's report, the Common Council
shall decide whether to require all project
contractors, at all tiers, to become parties to
the Project Labor Agreement as a condition
of Project participation.
Adopted.
Ayes-Brown, Coppola, Fisher, Fontana,
Gray, Lotempio, Manley, Pitts, Quintana,
Williams, Zuchlewski-11
Noes-Helfer-1
NO. 129
UTILITY COSTS FOR POLONIA HALL
(ITEM NO. 176, C.C.P., DEC. 14, 1999)
That the Mayor be authorized to negotiate
a new lease for up to five (5) years that
Page 58
99-1228.txt
includes utility payments so that Polonia Hall
continues to remain open for the community.
PASSED
AYES-12, NOES-0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 130
HOWARD HITZEL, PETITION TO USE 250
FRANKLIN STREET - HUMAN SERVICES
FACILITY
(ITEM NO. 101, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mr. Coppola moved:
That after the public hearing before the
Committee on Legislation on December 21,
1999, the petition of Howard Hitzel, agent,
for permission to use 250 Franklin Street for
a human services facility (administrative
offices) be, and hereby is approved.
Passed.
Ayes-12, Noes-0
NO. 131
HOWARD HITZEL, PETITION TO USE 945
NIAGARA STREET - HUMAN SERVICES
FACILITY
(OUTPATIENT ALCOHOL CLINIC)
(ITEM NO. 102, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Comm n Council
without recommendation.
Mr. Coppola moved:
That after the public hearing before the
Committee on Legislation on December 21,
1999, the petition of Howard Hitzel, agent,
for permission to use 945 Niagara Street for
a human services facility (outpatient alcohol
clinic) be, and hereby is approved.
Passed.
Ayes-12, Noes-0
NO. 132
HOWARD HITZEL, PETITION TO USE 945
NIAGARA STREET - HUMAN SERVICES
FACILITY
(OUTPATIENT CLINIC-MENTAL HEALTH)
(ITEM NO. 103, C. C. P., DEC. 14, 1999)
That the above item be, and the same
hereby is returned to the Common Council
without recommendation.
Mrs. Lotempio Moved:
That after the public hearing before the
Committee on Legislation on December 21,
1999, the petition of Howard Hitzel, agent,
for permission to use 945 Niagara Street for
a human services facility (outpatient
clinic-mental health) be, and hereby is
Page 59
99-1228.txt
approved.
Passed.
Ayes-12, Noes-0
NO. 133
RON BROZICH, PETITION TO USE 75
OJIBWA - PLACEMENT OF ANTENNA
(ITEM NO. 81, C.C.P., OCT. 5, 1999)
(ITEM NO. 107, C.C.P., NOV. 16, 1999)
That the above item be, and the same
hereby is, returned to the Common Council
without recommendation.
Mr. Coppola Moved:
That "Petition to use 75 Ojibwa -
Placement of Antenna" is an unlisted action
as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over
this item, and is therefore an involved
agency as defined in 617.2. As part of an
uncoordinated review, the Common Council
has evaluated an Environmental
Assessment Form (EAF) on this item which
has been completed by the applicant; and
Having made an independent assessment
of the information contained in the EAF, the
Common Council adopts the findings set
forth in Part I and, as a result, finds that this
proposed action will not result in any
significant adverse environmental impacts.
Therefore, this Common Council issues a
negative declaration; and
That after the public hearing before the
Committee on Legislation on October 12,
1999, the petition of Ron Brozich, agent, for
permission to use 75 Ojibwa for placement
of an antenna be, and hereby is approved,
subject to the conditions set by the City
Planning Board. Pursuant to Chapter 511-95
(1), this use shall be continuous and will
irrevocably run with the land unless such
use is abandoned for one year.
Passed.
Ayes-12, Noes-0
NO. 134
APPT.-PUBLIC COLLECTION BD. OF
APPEALS (MAYOR)
(CCP#2-DEC. 14, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 135
FORM OF PERMIT APPLICATION
APPROVAL (COMPT.)
(CCP#18-DEC. 14,99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 136
RESEARCH SALE OF 14 WILLOW PLACE
(CCP#239-JULY 27, 99)
Page 60
99-1228.txt
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 137
14 WILLOW PLACE
(ITEM NO. 29, C.C.P., NOV. 3, 1999)
That the above item be, and the same
hereby is, returned to the Common Council
without recommendation.
Mr. Coppola moved that the above item be
recommitted to the Committee on
Legislation. ADOPTED.
NO. 138
P. GAUTHIER-BRINKMAN ST. BLK.
CLUB-REQ. SIGN AT 228 BRINKMAN
(CCP#67-MAY 4, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
No. 139
P. Gauthier-Brinkman St. Blk. Club-Req.
Sign at 228 Brinkman (PW)
(CCP#47-Nov. 30,99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 140
REQ. DRAFT TOWING ORD. (# 166, 3/31)
(CCP# 114-DEC. 1, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 141
UTILITY BILLINGS-CITY MISSION (PW)
(CCP#22-NOV. 16, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 142
CLARIFICATION-ORD.
#216-10-COLLECTING REWARD MONEY
(CCP# 128-NOV. 3, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 143
REWARD FOR ILLEGAL DUMPING (LAW)
(CCP#47-DEC. 14, 99)
Mr. Coppola moved that the above item be
recommitted to the Committee on
Legislation. ADOPTED.
NO. 144
BMHA SENIOR HSG.
(CCP#135-NOV. 16,99)
That the above item be and the same
Page 61
99-1228.txt
hereby is received and filed.
ADOPTED
NO. 145
BMHA SENIOR HSG. (BMIFIA)
(CCP#64-NOV. 30, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 146
BMHA SENIOR SITES & ALLOCATION
PLAN (BMHA)
(CCP#72-DEC. 14, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 147
D. TRIMBLE - BUFFALO OLMSTED
PARKS CONSERVANCY
(ITEM NO. 97, C.C.P., DEC. 14, 1999)
Mr. Coppola moved that the above item be
recommitted to the Committee on
Legislation. ADOPTED.
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 148
PERMISSION TO HIRE CONSULTANT -
MAP BUFFALO NEIGHBORHOOD
INVENTORY
(ITEM NO. 56, C.C.P., DEC. 14, 1999)
That the above item be, and the same
hereby is, returned to the Common Council
without recommendation.
Mr. ZUCHLEWSKI Moved:
That the Commissioner of Community
Development be, and he hereby is
authorized to engage the services of a team
of consultants to complete work currently
underway on the Map Buffalo Neighborhood
Condition Inventory Project. Funds for the
data collection phase will be available from a
pending sale of bonds on or after December
14, 1999, such funding shall not exceed
$85,000.
Passed.
Ayes-12, Noes-0
SPECIAL MEETINGS
MINORITY BUSINESS ENTERPRISE
(CHARLEY H. FISHER, III,
CHAIRPERSON)
NO. 149
MINORITY HIRING PRACTICES-STREET
SANITATION (STS)
(CCP#65-DEC. 14,99)
That the above item be and the same
Page 62
99-1228.txt
hereby is received and filed.
ADOPTED
NO. 150
UD. OF PROJ. LABOR AGREEMENTS
FOR CITY CONST. PROJECTS
(CCP #167-DEC. 14, 1999)
That the above item be and the same
hereby is received and filed
ADOPTED
NO. 151
SUMMARY OF MINORITY HRG.
PRACTICES-JAN. 1994-PRES.
(HSPR)(#72,7/13)
(CCP#116-DEC. 14,99)
That the above item be and the same
hereby is received and filed.
ADOPTED
NO. 152
MINORITY HRG. PRACTICES-1996-OCT.
27, 1999 (HSPR)(946,11/16)
(CCP#L 17-DEC. 14, 99)
That the above item be and the same
hereby is received and filed.
ADOPTED
RESOLUTIONS
NO. 153
By: Mr. Brown
EXTENSION OF 1998-1999 GRANT-IN-AID
CONTRACT - MASTEN BLOCK CLUB
COALITION, INC.
Whereas: The City of Buffalo approved a
grant-in aid allocation of $12,320 to the
Masten Block Club Coalition, Inc., for the
1998-1999 fiscal year ending June 30, 1999;
and
Whereas: The Masten Block Club Coalition
has requested a six-month extension of their
grant-in-aid contract;
Now, Therefore, Be It Resolved:
That this Common Council approves an
extension of the 1998-1999 grant-in-aid
contract for the Masten Block Club Coalition
that is scheduled to end on December 31,
1999.
PASSED
AYES-12, NOES-0
NO. 154
By: Mr. Coppola and Ms. Gray, Mr.
Fontana, Et al.
THANK CITY WORKERS FOR THEIR
EFFORTS
Whereas: As we near the end of the
millennium it is a good time to take notice of
facts and phenomena that we sometimes
take for granted; and
Page 63
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Whereas: Although City employees are
often criticized and sometimes maligned, the
vast majority of City workers put in an
honest day's work and strive to give citizens
solid services for their tax dollar; and
Whereas: From Commissioners taking
risks to innovate and advance City services,
to seasonal workers and summer interns
performing important tasks in their own way,
it is high time that a word of thanks goes out
to those who toil for the City of Buffalo; and
Now, Therefore, Be It Resolved That:
This Common Council hereby salutes and
thanks all those who give the City of Buffalo
an honest day's work, and
Be It Further Resolved That:
Copies of this resolution be given to all
City Department heads with a request that
they forward this message of thanks
throughout their departments
ADOPTED
NO. 155
By: Mr. Fisher
REQUEST FURTHER INFORMATION ON
THE INNER HARBOR PROJECT
Whereas:The Community
Development Committee hearing held on
the evening December 14, 1999 elicited
strong public interest and informative
testimony on the planned Inner Harbor
Project; and
Whereas: The key question involved was
whether to bury the Commercial Slip as an
archaeological site or restore it as a
functioning portion of the Canal and part of
New York State's historic transportation
infrastructure; and
Whereas: The replica slip option is
bolstered by an, opinion from the State
Historic Preservation Office that the
Commercial Slip would be irreparably
damaged if exposed to surface conditions at
this time; and
Whereas:The Erie County
Preservation Coalition commissioned
Ryan-Biggs Associates, (RBA) P.C., an
engineering firm with experience in other
canal, stone restoration and maintenance
projects in New York State, to develop a
proposal for restoring and rewatering the
Commercial Slip using recognized
restoration and conservation techniques;
and
Whereas:RBA has issued a report
declaring that the Commercial Slip could be
restored and rewatered at a cost
comparable to building the replica slip and
without permanent damage to the original
stonework; and
Whereas: At this point, the City faces
conflicting evidence as to the technical
feasibility of successfully restoring the
Page 64
99-1228.txt
Commercial Slip; and
Whereas:There has been conflicting
evidence presented as to the historical
relevance of the site of Dug's Dive as it
pertains to the Underground Railroad; and
Whereas:There has not been enough
evidence presented to this Council as to the
economic development potential associated
with the preservation of the historic
Commercial Slip as it exists today and
redesigning the development project
accordingly to make an informed judgment;
and
Whereas:The Inner Harbor project
and any delay or radical alteration thereof
will likely impact plans on private
development for the immediate area but it
remains unclear as to how; and
Whereas:It is critically important to
resolve the conflicting reports
concerning the preservation of the
original Commercial Slip and related
outstanding issues before the beginning
of any construction that would make
restoration of the Commercial Slip or
Commercial Street more difficult;
Now, Therefore, Be It Resolved That:
This Council requests representatives from
RBA and appropriate representatives of the
State Historic Preservation Office to attend
the Common Council's Community
Development Committee meeting of January
5th at 10:00 AM in Council Chambers to
help resolve the conflicting evidence
pertaining to the technical feasibility of
uncovering the original Commercial Slip and
leaving it exposed; and
Be it Further Resolved That:
This Council requests from the
Preservation Coalition any information it has
pertaining to the economic development
potential associated with its plan to preserve
the commercial slip and other infrastructure
as it currently exists; and
Be It Further Resolved That:
This Council requests further information
from the Preservation Coalition regarding
the historical significance of Dug's Dive
particularly how it relates to the
Underground Railway:
Be It Further Resolved That:
This Council requests the Buffalo
Economic Renaissance Corporation to file a
schedule of actions that may have impacts
on the Dug's Dive site, the historic
streetscape, or the Commercial Slip as it
currently exists; and
Be It Further Resolved That:
This schedule should include the projected
dates for reburying the Commercial Slip,
starting to dig the replica slip, and moving
the Naval Museum, which may impact
historic Commercial Street, and
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99-1228.txt
Be It Further Resolved That:
This Council requests information from the
Empire State Development Corporation and
the Buffalo Economic Renaissance
Corporation related to the impact of delaying
the Inner Harbor Project on other proposed
development particularly the development
known as the "Adelphia Development" and
the "Cordish Development"; and
Be It Finally Resolved That:
The City Clerk be directed to send certified
copies of this resolution to Governor Pataki,
to Thomas Blanchard of the Empire State
Development Corporation; to Winthrop
Aldrich of the State Historic Preservation
Office, to Alan DeLisle of the Buffalo
Economic Renaissance Corporation, to
Timothy Tielman of the Erie County
Preservation Coalition and to Daniel Rogers
of Ryan-Biggs Associates, P.C.
ADOPT FINAL RESOLVE AND THE
REMAINDER REFERRED TO THE
COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 156
BOND RESOLUTION
$500,000 BONDS
POLICE BUILDING (MAIN-TUPPER)
ACCOUNT NO. 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$500,000 General Improvement Bonds of
said City, to finance the construction of a
new Police Precinct Building at 695 Main
Street, in the City, at the estimated
maximum cost of $500,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York,
hereby resolves (by the favorable vote of not
less than two-thirds of all the members of
said Common Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York
(herein called "City"), is hereby authorized
and directed to issue General Improvement
Bonds of said City in the principal amount of
Five Hundred Thousand Dollars ($500,000),
pursuant to the provisions of the Charter of
said City and the Local Finance Law,
constituting Chapter 33-a of the
Consolidated Laws of the State of New York
(the "Law"), to finance the cost of
construction of a new Police Precinct
Building at 695 Main Street, in the City. The
estimated maximum cost of said specific
object or purpose for which the bonds
authorized by this resolution are to be
issued, including preliminary costs and costs
incidental thereto and the financing thereof,
is $500,000 as set forth in the duly adopted
Capital Improvements Budgets of said City
for fiscal year 1999/00, as amended.
Page 66
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Section 2. The proceeds of the sale of the
bonds authorized by this resolution, or any
bond anticipation notes issued in
anticipation of the sale of said bonds, shall
be deposited in the Capital Projects Fund to
the credit of the Department of Public
Works, Division of Buildings, ""B" District
Police Building (Main Tupper), 1999-00, "
Account No. 3000-32, and shall be used for
the specific object or purpose specified in
Section I of this resolution.
Section 3. The City intends to finance, on
an interim basis, the costs or a portion of the
costs of said improvements for which bonds
are herein authorized, which costs are
reasonably expected to be incurred by the
City, pursuant to this Bond Resolution, in the
maximum amount of $500,000. This
resolution is a declaration of Official Intent
adopted pursuant to the requirements of
Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters
are hereby determined and stated:
(a) The building to be partially constructed
is of Class "B" construction as defined by
Section 11.00 a. 11. (b) of the Law, and the
period of probable usefulness applicable to
the specific object or purpose for which the
bonds authorized by this resolution are to be
issued is twenty (20) years.
(b) Current funds are not required by the
Law to be provided as a down payment prior
to the issuance of the bonds authorized by
this resolution or any bond anticipation notes
issued in anticipation thereof in accordance
with Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by
this resolution and any bond anticipation
notes issued in anticipation of the sale of
said bonds and the renewals of said notes
shall contain the recital of validity as
prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes
shall be general obligations of the City of
Buffalo payable as to both principal and
interest by general tax upon all the taxable
real property within said City without
limitation as to rate or amount. The faith and
credit of said City are hereby irrevocably
pledged to the punctual payment of the
principal of and interest on said bonds and
said notes. Provision shall be made annually
by appropriation by said City for the
payment of interest on and for the amounts
required for the amortization and redemption
of said bonds and said notes.
Section 6. The validity of the bonds
authorized by this resolution or any bond
anticipation notes issued in anticipation of
the sale of said bonds, may be contested
only if:
(a)such obligations are authorized for
an object or purpose for which the City of
Page 67
99-1228.txt
Buffalo is not authorized to expend money,
or
(b)the provisions of law which should
be complied with at the date of the
publication of such resolution are not
substantially complied with,
and an action, suit or proceeding
contesting such validity, is commenced
within twenty days after the date of such
publication, or
(c) such obligations are authorized in
violation of the provisions of the constitution.
Introduced: December 28, 1999
LAID ON THE TABLE
Ayes- Brown, Coppola, Fisher, Fontana,
Gray, Lotempio, Quintana, Williams,
Zuchlewski-10
Noes-Helfer, Pitts-2
No. 157
By: Mr. Franczyk:
BOND RESOLUTION
$150,000 BONDS
RENOVATION PRECINCT NO. 11
ACCOUNT NO. 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$150,000 General Improvement Bonds of
said City, to finance the cost of the
partial reconstruction of Police Precinct
No. 11 located in the Lovejoy District, in
the City, at the estimated maximum cost
of $150,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York,
hereby resolves (by the favorable vote of not
less than two-thirds of all the members of
said Common Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York
(herein called "City"), is hereby authorized
and directed to issue General Improvement
Bonds of said City in the principal amount of
One Hundred Fifty Thousand Dollars
($150,000), pursuant to the provisions of the
Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York
(the "Law"), to finance the cost of the partial
reconstruction of Police Precinct No. 11
located in the Lovejoy District, in the City.
The estimated maximum cost of said
specific object or purpose for which the
bonds authorized by this resolution are to be
issued, including preliminary costs and costs
incidental thereto and the financing thereof,
is $150,000 as set forth in the duly adopted
Capital Improvements Budgets of said City
for fiscal year 1999/00, as amended.
Section 2. The proceeds of the sale of the
bonds authorized by this resolution, or any
bond anticipation notes issued in
anticipation of the sale of said bonds, shall
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99-1228.txt
be deposited in the Capital Projects Fund to
the credit of the Department of Public
Works, Division of Buildings, "Renovation of
Precinct No. 11("C " District), 1999-00, "
Account No. 200-402, and shall be used for
the specific object or purpose specified in
Section 1 of this resolution.
Section 3. The City intends to finance, on
an interim basis, the costs or a portion of the
costs of said improvements for which bonds
are herein authorized, which costs are
reasonably expected to be incurred by the
City, pursuant to this Bond Resolution, in the
maximum amount of $150,000. This
resolution is a declaration of Official Intent
adopted pursuant to the requirements of
Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters
are hereby determined and stated:
(a) The existing building to be partially
reconstructed is of Class "B" construction as
defined by Section 11. 00 a. 11. (b) of the
Law, and the period of probable usefulness
applicable to the specific object or purpose
for which the bonds authorized by this
resolution are to be issued, within the
limitations of Section 11. 00 a. 12. (a)(2) of
the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the
Law to be provided as a down payment prior
to the issuance of the bonds authorized by
this resolution or any bond anticipation notes
issued in anticipation thereof in accordance
with Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by
this resolution and any bond anticipation
notes issued in anticipation of the sale of
said bonds and the renewals of said notes
shall contain the recital of validity as
prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes
shall be general obligations of the City of
Buffalo payable as to both principal and
interest by general tax upon all the taxable
real property within said City without
limitation as to rate or amount. The faith and
credit of said City are hereby irrevocably
pledged to the punctual payment of the
principal of and interest on said bonds and
said notes. Provision shall be made annually
by appropriation by said City for the
payment of interest on and for the amounts
required for the amortization and redemption
of said
Section 6. The validity of the bonds
authorized by this resolution or any bond
anticipation notes issued in anticipation of
the sale of said bonds, may be contested
only if:
(a) such obligations are authorized for an
object or purpose for which the City of
Buffalo is not authorized to expend money,
or
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99-1228.txt
(b) the provisions of law which should be
complied with at the date of the publication
of such resolution are not substantially
complied with,
and an action, suit or proceeding
contesting such validity, is commenced
within twenty days after the date of such
publication, or
(c) such obligations are authorized in
violation of the provisions of the constitution.
Introduced: December 28, 1999
LAID ON THE TABLE
NO. 158
By: Mr. Franczyk
TRANSFER OF FUNDS
GENERAL CITY CHARGES
DEBT SERVICE AND RELATED
CHARGES
COMPTROLLER
That pursuant to section 42 of the Charter
and the Certificate of the Mayor and the
Comptroller submitted to the Common
Council, the sum of $126,024 be and the
same is hereby transferred from Debt
Service and Related Charges and said sum
is hereby reappropriated as set forth below:
From:
1001 General Fund
74 - General City Charges
1822 - Debt Service and Related Charges
Organization Code 17422008
Object 487202 - Revenue Anticipation Note
Interest
$126,024
Total
$126,024
To:
1000 General Fund
04 - Audit & Control
1041 - Comptroller
Organization Code 10441001 - Comptroller
Personal Services
Object 411001 -Annual Salaries
$57,648
Organization Code 10441006 - Comptroller
Services
Object 432004 - Engineering & Technical
Services
55,000
1042 - Audit
Organization Code 10442001 - Audit
Personal Services
Object 411001 -Annual Salaries
4,202
1043 - Accounting
Organization Code 10443001 -Accounting
Personal Services
Object 411001 -Annual Salaries
9,174
Total
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99-1228.txt
$126,024
PASSED
AYES-Brown, Coppola, Fisher, Fontana,
Gray, Lotempio , Manley, Pitts, Quintana,
Williams, Zuchlewski-11
Noes-Helfer-1
NO. 159
BY: Ms. Gray
SALARY ORDINANCE AMENDMENT
04 - DEPARTMENT OF AUDIT &
CONTROL
1041 COMPTROLLER
The Common Council of the City Of
Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the
Ordinances of the City of Buffalo, relating to
04 -Department of Audit and Control - 1041
Comptroller which reads:
1Deputy Comptroller$61,278
1Executive Assistant to the
Comptroller $42,966
1Secretary to Comptroller (Part Time)
$12,067
Is hereby amended to read:
1Deputy Comptroller$69,681
1Executive Assistant to the
Comptroller$62,540
1Executive Staff Manager
$54,000
1Confidential Secretary to the
Comptroller$33,000
1Secretary to Comptroller
$31,000
IT IS HEREBY CERTIFIED, pursuant to
Section 34 of the Charter, that the
immediate passage of the foregoing
ordinance is necessary.
We, JOEL A. GIAMBRA,
COMPTROLLER and JAMES B. MILROY,
DIRECTOR OF BUDGET, hereby certify
that the above change is necessary for the
proper conduct, administration and
performance of essential services of that
department. We recommend that the
compensation for said position be fixed at
the respective amount set forth in the
foregoing ordinance.
JOEL A. GIAMBRA
COMPTROLLER
JAMES B. MILROY
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
ATTACHMENT 12/15/99
PASSED
AYES-Brown, Coppola, Fisher, Fontana,
Gray, Lotempio, Manley, Pitts, Quintana,
Williams, Zuchleski-1
Noes-Helfer-1
No. 160
Page 71
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BY: MS GRAY
SALARY ORDINANCE AMENDMENT
04 - DEPARTMENT OF AUDIT &
CONTROL
1043 ACCOUNTING
The Common Council of the City Of
Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the
Ordinances of the City of Buffalo, relating to
04 -Department of Audit and Control - 1043
Accounting which reads:
1 City Accountant $61,278
1 Investment and Debt Management
Officer$59,738
Is hereby amended to read:
1 City Accountant $69,681
1 Investment and Debt Management
Officer $69,681
IT IS HEREBY CERTIFIED, pursuant to
Section 34 of the Charter, that the
immediate passage of the foregoing
ordinance is necessary.
We, JOEL A. GIAMBRA,
COMPTROLLER and JAMES B. MILROY,
DIRECTOR OF BUDGET, hereby certify
that the above change is necessary for the
proper conduct, administration and
performance of essential services of that
department. We recommend that the
compensation for said position be fixed at
the respective amount set forth in the
foregoing ordinance.
JOEL GIAMBRA
COMPTROLLER
JAMES B. MILROY
DIRECTOR OF BUDGET
APROVED AS TO FORM
Michael Risman
Corporation Counsel
ATTACHMENT 12/15/90
PASSED
Ayes-Brown, Coppola, Fisher, Fontana,
Gray, Lotempio, Pitts, Quintana, Williams,
Zuchlewski-11
Noes-Helfer-1
NO. 161
By: Mr. Franczyk
INCREASED APPROPRIATION
FUND BALANCE
That, Pursuant to Section 41 of the Charter
and the Certificate of the Mayor and the
Comptroller submitted to the Common
Council, the appropriation in the budget for
the current fiscal year for Appropriation -
Housing & Enforcement - Capital Outlay be
and the same hereby is increased in the
sum of $10,000.
FROM:
That the comptroller be and hereby is
authorized and directed to transfer the sum
of $10,000 from the Unreserved Fund
Balance 107000960-0397000 to meet this
Page 72
99-1228.txt
increased appropriation as set forth below:
10700096 - 397000 - General Fund -
Unreserved Fund Balance
$10,000
To:
1000 General Fund
16350007 - Housing & Enforcement -
Capital Outlay
474100 - Equipment$10,000
Ayes-Brown, Coppola, Fisher, Fontana,
Gray, Lotempio, Quintana, Williams,
Zuchlewski-10
Noes-Helfer, Pitts-2
NO. 162
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
61 - DEPARTMENT OF COMMUNITY
DEVELOPMENT
DIVISION OF PLANNING
1510 - COMMUNITY DEVELOPMENT
PLANNING
The Common Council of the City Of
Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the
Ordinances of the City of Buffalo, relating to
61 -Department of Community
Development, Division of Planning, 15 10 -
Community Development Planning is hereby
amended by adding thereto:
1 Resources Development Technician
$38,048 -
44,878
IT IS HEREBY CERTIFIED, pursuant to
Section 34 of the Charter, that the
immediate passage of the foregoing
ordinance is necessary.
We, JOSEPH E. RYAN, COMMISSIONER
OF COMMUNITY DEVELOPMENT and
JAMES B. MILROY, DIRECTOR OF
BUDGET, hereby certify that the above
change is necessary for the proper conduct,
administration and performance of essential
services of that department. We recommend
that the compensation for said position be
fixed at the respective amount set forth in
the foregoing ordinance.
DAVID PAWLIK,Deputy Commissioner
Of Community Development
EVA M. HASSETT
Commissioner of Administration &
Finance for JAMES B. MILROY
Director of Budget
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
12/27/99
PASSED
AYES-12, NOES-0
NO. 163
By: Kevin J. Helfer
SET PUBLIC HEARING
Page 73
99-1228.txt
MAIN - LASALLE PLACE MARKET RATE
NEW HOUSING PROGRAM APPROVAL
OF LAND DISTRIBUTION AGREEMENT
THE MARRANO[MARC EQUITY
CORPORATION (THE "BUILDER")
WHEREAS, The Marrano/Marc Equity
Corporation (hereinafter referred to as the
"Builder") has been duly designated as
qualified and eligible Builder in accordance
with the rules, regulations and/or procedures
prescribed by the City of Buffalo Department
of Community Development (hereinafter
referred to a the " Department "); and
WHEREAS, the Department and the
Builder have negotiated a Land Disposition
Agreement for the disposition of a thirty-one
(31) new market rate residential housing
building lots in the proposed project area
known as the Main - LaSalle Place Market
Rate New Housing Program within the
Community Wide Urban Renewal
Demonstration Program Area; and
WHEREAS, said Land Disposition
Agreement has been for-warded by the
Department to this Common Council for the
appropriate action, pursuant to Section 507,
Subdivision 2 (d) of New York State General
Municipal Law; and
WHEREAS, Article 15 A of New York State
General Municipal Law; requires that the
disposition of municipally owned land within
an Urban Renewal Project Area shall be
approved only upon the completion of a
public hearing, held on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Clerk of the City of Buffalo is
hereby directed to publish the notice
attached hereto, identified as "Notice of
Public Hearing" in the Buffalo News, no later
then Friday, December 31, 1999.
2. That this Common Council shall conduct
a Public Hearing on the matter set forth in
the said "Notice of Public Hearing"; at 2:00
o'clock p.m. in the Council Chambers on
Tuesday, January 11, 2000.
ADOPTED
NO. 164
By: Council Member LoTempio
EXCUSE COUNCIL MEMBER FRANCZYK
FROM MEETING
WHEREAS: Council Member David A.
Franczyk will be out of town on Tuesday,
December 28, and will be unable to attend
the regular meeting of the Common Council;
THEREFORE BE IT RESOLVED:
That Council Member David A. Franczyk
be excused from the December 28 regular
meeting of the Common Council
ADOTPED
NO. 165
By: Mrs. LoTempio
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OPPOSE SOLID WASTE TRANSFER
STATION AT HOPKINS AND TIFFT
Whereas:On April 17, 1999 the City of
Buffalo awarded a five year City-wide
recycling contract to Integrated Waste
Systems, Inc. (IWS); and
Whereas:IWS then applied for and
received a restricted use permit to build a
40,000 square foot Materials Recovery
Facility at 264 Hopkins Street near Tifft, and
Whereas:This Council sought and
received assurances at that time that this
facility would be used solely for the handling
of clean household recyclable materials; and
Whereas:In 1995, this Common
Council assigned the IWS recycling contract
to CID Refuse Service, Inc., and, after that
time, CID applied for and received a permit
from the NYSDEC to add transferring
garbage to the activities that take place at
this facility; and
Whereas:Subsequent to DECs
granting of this permit, CID Refuse Service,
Inc. was bought by Waste Management,
Inc.; and
Whereas:Modern Landfill has now
applied to the NYS Department of
Environmental Conservation (DEC) for a
permit to use this facility as a 500 ton per
day solid waste transfer station; and
Whereas:The use of this facility as a
transfer station is completely unacceptable,
runs counter to the original restricted use
permit, and flies in the face of recent
investments directed at cleaning up former
industrial sites in the immediate area of this
facility, and
Whereas:The transfer station
proposal has generated intense opposition
in the community and the DEC has received
50 to 60 letters and more than 1,000
signatures in opposition to the proposal;
Now, Therefore, Be It Resolved That:
This Common Council opposes the
transformation of the Materials Recycling
Facility at Hopkins and Tifft into a solid
waste transfer station'. and
Be It Further Resolved That:
This Council requests the Corporation
Counsel to file a report detailing the legal
issues involved in such a transformation,
including whether a new restricted use
permit would be required for the transfer
station, and whether CID's transfer station
permit is valid in light of the fact that DEC's
SEQR review for that permit was not
coordinated with the City as an involved
agency; and
Be It Finally Resolved That:
This Council directs the City Clerk to send
certified copies of this resolution to Mayor
Masiello, to Gerald Mikol, Regional Director
of the NYSDEC, to the WNY State
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99-1228.txt
legislative delegation, to CID Refuse
Service, Inc., and to Modern Landfill, Inc.
ADOPT FINAL RESOLVE REMAINDER
REFERREDT TO THE COMMITTEE ON
LEGISLATION
NO. 166
By: Mr. Pitts
APPOINT ALBERT A. FESTAIUTI TO
THE BUFFALO PEST MANAGEMENT
BOARD
Whereas: Gerald Rising has resigned from
the Buffalo Pest Management Board after
almost 7 years of excellent service to the
City and the Board; and
Whereas: Mr. Rising, who writes a Nature
column for the Buffalo News was a
consistently constructive force on the Board
and has been sorely missed since his
resignation; and
Whereas: Albert A. Festaluti, proprietor of
A & B Landscape Services, Inc. and the
Organic Garden Supply Company, has
expressed a willingness to fill this vacancy
and has been participating in Board
activities in recent months; and
Whereas: Mr. Festaiuti, a graduate of the
McKinley High School Horticulture Program
who resides at 9695 Keller Road in
Clarence, has skills and knowledge that are
crucial to the success of the Board at this
time; and
Whereas: He is a NYS Certified Pesticide
Applicator and a member of the NYS
Nurseryman's Association with 15 years
experience in the landscaping business; and
Whereas: Mr. Festaiuti has been practicing
organic landscaping for the last 10 years
and will soon be getting his certification as a
NYS Organic Applicator from the Lyceum.
and
Whereas: The appointment of Mr. Festaiuti
is a timely one as the Pest Management
Board gets into the nitty gritty work of
helping City departments reduce pesticide
use as they comply with the Pesticide
Sunset Ordinance;
Now, Therefore, Be It Resolved That:
This Common Council thanks Gerald
Rising for his dedicated and productive
years of service on the Buffalo Pest
Management Board and appoints Albert A.
Festaiuti to the Buffalo Pest Management
Board for a two year term.
ADOPTED
NO. 167
By: Mr. Pitts
ESTABLISH SPECIAL COMMITTEE ON A.
PHILIP RANDOLPH
WHEREAS:A. Philip Randolph
affectionately called the "Gentle Warrior"
deceased April, 1979 at 90 years of age. A.
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99-1228.txt
Philip Randolph dedicated a lifelong struggle
to full human rights for Blacks and all the
disinherited in this nation; and
WHEREAS:A. Philip Randolph was the
father of the Civil Rights Revolution which
began in the 1950’s. He was one of the chief
architects of the 1963 March on
Washington; and
WHEREAS:A. Philip Randolph was a
strong labor leader, who organized the
Sleeping Car Porters Union during the 1920'
and 1930's, and advocated on behalf of all
America's workers;
and
WHEREAS:In 1955, A. Philip Randolph
was one of the first African Americans to
become Vice President of the AFL-CIO
Executive Council; and
WHEREAS:A. Philip Randolph won an
executive order in 1948 from Harry S.
Truman which banned discrimination in the
armed forces and in federal employment;
and
WHEREAS:A. Philip Randolph's legacy
will serve to improve the quality of life to all
Americans; and
WHEREAS:The Buffalo Common
Council established a Special Committee on
A. Philip Randolph which successfully
promoted Buffalo Public School's 7th and
8th grade students to enter Essay Contest
on the life and legacy of A. Philip Randolph;
and
WHEREAS:The AFL-CIO's traveling
exhibit on the life of A. Philip Randolph will
be housed at the Erie County Public Library,
March 25 through May 6, 2000, and open to
the general public.
NOW, THEREFORE BE IT RESOLVED:
That this honorably body in memory of the
numerous contributions of A. Philip
Randolph to this country and to our culture,
does hereby proclaim the month of April,
2000 as A. Philip Randolph Month in the
City of Buffalo; and
BE IT FURTHER RESOLVED:
That our citizens and institutions be
encouraged to gain full appreciation for the
contributions of the "Gentle Warrior" who
influences cannot be measured by personal
gain; and
BE IT FINALLY RESOLVED:
That the Common Council establish a
Special Committee on A. Philip Randolph to
promote programs and plans which will
assure the entire community avail itself of
the history of this "Gentle Warrior" in the City
of Buffalo.
ADOPTED
NO. 168
By Mr. Zuchlewski
FELICITATIONS/IN MEMORIAM
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99-1228.txt
Attached hereto are Felicitation and In
Memoriam Resolutions sponsored by
Members of the Common Council as
indicated:
Felicitation for Tawan Slaughter By
Councilmember James Pitts, Charles
Michaux III
In Memoriam for Mrs. Georgia Wood’s
Family By All Councilmembers
In Memoriam for Families of Josephine
Holmes By Council President James Pitts
and City Clerk Charles Michaux III
NO. 169
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby
appointed as Commissioner of Deeds for the
term ending December 31, 2000 conditional
upon the person so appointed certifying
under oath to their qualifications and filling
same with the City Clerk:
DONALD M.DADE
ADOPTED
NO. 170
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONER OF DEEDS
REQUIRED-PERFORMANCE OF PUBLIC
DUTIES
That the following persons are hereby
appointed as Commissioner of Deeds for
the term ending December 31,1998 ,
conditional upon the person so
appointed certifying, under oath, to their
qualifications and filing same with the
City Clerk:
ROBERT E.BROWN
DOMINIC J.BONIFACIO,JR.
MARGAUTA S.CARDONA
PETER J.SAVAGE,III
SHERRY SHERRELL-PATTON
LINDA J.CELLINI
ANN M.HUGHES
JULIE A.KELLER
MELISSA A.LISKA
CHARLES A.LESTITION
DEAN A.MANN
LYNN M.MARTENS
KIMBERLY MUENCH
KATHLEEN A.OSBORN
ETHEL M.POYNTON
LORINE C-SCHWEDE
CHARLES M.SOLFRANK
CLAUDIA D.STOCKMEYER
ADOPTED
UNFINISHED BUSINESS
NO. 171
BOND RESOLUTION-$ 2,450,000
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99-1228.txt
-IMPROVEMENTS-CITYWIDE
PKS./PLAYGROUNDS
(#172-C.C.P., DEC. 14, 1999)
Mrs. LoTempio moved that the above item
be taken from the table.
Seconded by Mr. Zuchlewski
CARRIED
Mrs. LoTempio now made a motion to
approve said item. Seconded by Mr.
Zuchlewski
ADOPTED.
PASSED
AYES-12, NOES-0
NO. 172
BOND RESOLUTION-$7,500,000-VAR.
SIGNAL IMPROVEMENTS
(#173-C.C.P., DEC. 14,1999)
Mrs. LoTempio moved that the above
item be taken from the table.
Seconded by Mr. Helfer
CARRIED
Mrs. LoTempio now made a motion to
approve said item. Seconded by Mr. Helfer
ADOPTED.
PASSED
AYES-12, NOES-0
NO. 173
BOND
RESOLUTION-$5,400,000-ELMWOOD
AVE. RECONST.
(#174-C.C.P., DEC. 14,1999)
Mrs. LoTempio moved that the above item
be taken from the table.
Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now made a motion to
approve said item. Seconded by Mr.
Quintana
ADOPTED.
PASSED
AYES-12, NOES-0
NO. 174
BOND RESOLUTION-$3,420,000-ARENA
STREETS RECONST.
(#175-C.C.P., DEC. 14, 1999)
Mrs. LoTempio moved that the above item
be taken from the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now made a motion to
approve said item. Seconded by Mr.
Fontana
ADOPTED.
PASSED
AYES-12, NOES-0
NO. 175
ANNOUNCEMENT OF COMMITTEE
MEETINGS
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99-1228.txt
The following meetings are scheduled. All
meetings are held in the Council Chambers,
13th Floor, City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Civil Service Tuesday, Jan. 4, 2000 at 9:30
o'clock A.M.
Finance Tuesday, Jan. 4, 2000 following
Civil Service
Legislation Tuesday, Jan. 4, 2000 at 2:00
o'clock P.M.
Comm.Dev. Wed,Jan.5,2000 at 10:00
o'clock A.M.
Education Wednesday, Jan.19, 2000 at 2:00
o'clock P.M.
NO. 176
ADJOURNMENT
On a motion by Mrs. LoTempio,
Seconded by Mr. Manley the Council
adjourned at 5:00 PM
CHARLES L. MICHAUX, III
CITY CLERK
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