HomeMy WebLinkAbout99-1019
99-1019.txt
No. 19
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
OCTOBER 19, 1999
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
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 A. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana, Kevin
J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams
Members
FINANCE COMMITTEE: David Franczyk, Chairman,
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Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard T. Fontana, Kevin J. Helfer, Rosemarie
LoTempio, Robert Quintana, Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Richard Fontana, Chairman,
David A. Franczyk, Beverly Gray, Kevin J. Helfer, Barbara
Miller-Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard T. 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 T. Fontana, Kevin
J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie
LoTempio, Dennis A. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 19, 1999
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Franczyk,
Fontana, Gray, Helfer, Manley, LoTempio, Pitts, Quintana,
Williams and Zuchlewski - 12
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by Mr.
Fontana the minutes of the stated meeting held on October
5, 1999 were approved.
FROM THE MAYOR-EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 1
WALNUT CAPITAL PARTNERS, INC.
189 CAZENOVIA ST.
REZONE “R2 TO “CM”
ITEM NO. 84, C.C.P 9/21/99
The City Planning Board at its regular meeting held Tuesday,
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July 20, 1999, considered the matter captioned above pursuant
to Section 511-68.1 of the Buffalo Code, Procedures for
changes and amendments
The applicant seeks to rezone 189 Cazenovia St. from
“”R2” to “CM”. The purpose of the rezoning is to allow for the
construction of a new pharmacy with a drive through pick-up
window. Under SEQR to proposed rezoning is considered an
unlisted action, which may be studied through uncoordinated
review.
The Planning Board voted to approve the rezoning request
with the following condition:
The applicant and Division of Planning’s Staff must reach an
agreement with regard to placement of the proposed building at
or near one or both street front lot lines. The Planning Board will
then consider the Design and Site Plan of the proposed
pharmacy, at a future Planning Board meeting.
RECEIVED AND FILED
NO. 2
PLAN BD. K. TYLER
78 OAKGROVE AVE.
TAKE-OUT RESTAURANT AND STORE
ITEM NO. 79, C.C.P. 10/5/99
The City Planning Board at its regular meeting held Tuesday,
July 20, 1999, considered the matter captioned above pursuant
to Section 511-68.1 of the Buffalo Code, Hamlin Park
Overlay Review District. The applicant seeks to convert a store
into a take-out restaurant and one store with take-out food
items at 78 Oakgrove Ave. Under SEQR the proposed
restaurant and store are considered unlisted actions which may
be studied through uncoordinated review.
The Planning Board voted to approve the proposed
restaurant and store.
RECEIVED AND FILED
NO. 3
BISON STORAGE
1502 NIAGARA ST.
3 ROOFTOP ANTENNAS &
EQUIPMENT SHELTER
ITEM NO. 80, C.C.P. 10/5/99
The City Planning Board at its regular meeting hold Tuesday,
October 12, 1999, considered the matter captioned above
pursuant to Section 511-68 of the Buffalo Code, Niagara River
Coastal Review.
The applicant seeks to erect a 10’x12’ equipment shelter and
3 antennas on the roof of building located at 1502 Niagara St.
Under SEQR the proposed antennas and equipment shelter are
considered unlisted actions which may be studied through
uncoordinated review.
The Planning Board voted to recommend approval of the
proposed equipment shelter and antennas conditioned on the
approval of the Office of Telecommunications.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 4
AUDITED FINANCIAL STATEMENTS AND
OTHER FINANCIAL INFORMATION
BUFFALO MUNICIPAL WATER FINANCE AUTHORITY
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LOWER CASE ONLY FOR THE YEARS ENDED JUNE 30,
1999 AND 1998
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the Buffalo
Municipal Water Finance Authority for the years ended June
30, 1999 and 1998 with Report of Independent Auditors,
Ernst & Young, LLP, have been distributed to members of
the Buffalo Municipal Water Finance Authority, each
Councilmember, the City Clerk, the Mayor, the
Comptroller, the Division of Accounting and the Budget Office.
This report is available as a public record for inspection by all
interested parties.
Pursuant to Section 35 of the General Municipal Law,
the Common Council of the City of Buffalo may, at its
discretion, prepare a written response to the report of external
audit and file such response with the City Clerk as a public
record for inspection by all interested persons.
RECEIVED AND FILED
NO. 5
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
ENTERPRISE FUND - REFUSE AND RECYCLING
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 $110,000 in the
estimates for the fiscal year beginning July 1,1999 is necessary
in the Enterprise Fund - Refuse and Recycling - Auditing
Services, 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 an
increase of $110,000 in the Enterprise Fund - Refuse and
Recycling 52410015 - 340000 Charges for Services not
otherwise appropriated for any other purpose. The details of
the requirements are set forth below:
To:
52002606 - 432001 Enterprise Fund - Refuse and Recycling -
Auditing Services $110,000
Dated: Buffalo, NY, October 13, 1999
PASSED
AYES-12, NOES-0
NO. 6
CERTIFICATE O NECESSITY
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF BUILDINGS
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 $30,878 in the estimates
for the fiscal year beginning July 1, 1999 is necessary in
Appropriation Allotments - Division of Buildings 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 10000000-241100 - Reserve for
Capital Appropriations not otherwise appropriated for any other
purpose. The details of the requirements are set
forth below:
To:
13296006-443200 General Fund - Division of Buildings -
Building Alterations & Repairs $30,878
Page 4
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Dated: Buffalo, NY, October 5, 1999
RECEIVED AND FILED
NO. 7
INTERFUND LOAN
Over the last six years, the City has provided interfund
loans from the City General Fund to The City, Board and
Enterprise Capital Projects Funds to implement financing
of the Capital Improvements Budget. The interfund loans
are repaid when the Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance
projects and we will not reenter the bond market at this time.
We are requesting that you approve interfund cash loan
from the General Fund to the City'S Capital Projects Fund in
the amount of $200,000 for Drug Treatment Facility.
The loan will be repaid when Bond Anticipation Notes or Bonds
are issued.
From To
1000 General 3000 Capital Projects
Account 34320606 Repayment Date BAN/Bond Sale
Total $ 200,000
Mrs. LoTempio Moved:
That the above communication from the Comptroller dated
October 14, 1999, be received and filed; and
That the Comptroller be, and he hereby is authorized to make
an interfund cash loan from the General Fund to the City's
Capital Projects Fund in the amount of $200,000 for Drug
Treatment Facility. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
PASSED
AYES 12 NOES 0
FROM THE COUNCIL PRESIDENT
NO. 8
CORRECTION - ITEM #17, C.C.P. 9/21/99
TRANSFER OF PORTION OF I 00 NICHOLSON
ITEM #17, C.C.P. 9/21/99
Pursuant to Item No. 17, C.C.P. 9/21/99 Your Honorable
Body inadvertently authorized the Comptroller's Office to
convey a portion of 100 Nicholson 3.08' x 7.16' to Albert
Kraemer of 100 Nicholson in the amount of Two thousand Two
Hundred Sixty Dollars ($2,260.00).
However, please be advised that the Two Thousand Two
Hundred Sixty Dollars ($2,260.00) was the amount Mr. Kraemer
paid in 1955 for 100 Nicholson excluding the 3.08'x 7.16'. The
Comptroller's Office, Division of Real Estate is recommending
Your Honorable Body to convey the 3.08' x 7.16' to Mr. Albert
Kraemer at this time for a token Dollar, by virtue of a quit claim
deed. 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 above communication from the Comptroller dated
October 6, 1999, be received and filed; and
That Item No. 17, C.C.P., September 21, 1999 be corrected
to read that 100 Nicholson 3.08' x 7.16' be transferred to Albert
Kraemer residing at 100 Nicholson, in the sum of One Dollar
($1.00), by quit claim deed. 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
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AYES-12 NOES-0
NO. 9
REQUEST TO COMMISSIONER OF PW FOR REPAVING OF
WINSTON AND PEKHAM, AND STOP SIGN AT DEPEW
I have requested Commissioner Joseph Giambra of Public
Works to consistently perform the following; during the past
several months.
(1) Repaving of Winston Road.
(2) Repaving of Peckham Street; particularly at
Sherman Street where a major watermain broke
almost one year ago.
(3) The placement of a stop sign at Depew and Beard
Avenue at the east and west approaches.
These projects have been agreed to but nothing has
happened.
I would like Commissioner Giambra to appear before the
Finance Committee to explain his inaction and ascertain when
this work will be completed.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 10
APPOINTMENT-COUNCILREPORTER
Effective Monday, October 18, 1999 I am recommending the
appointment of Ms. Susan A. Watts to the position of Council
Reporter.
Ms. Watts is duly qualified to fill this vacancy.
ADOPTED
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 11
ENGINEERING
REPORT OF BIDS
W.P.A. STREETS - NEW AMSTERDAM AVENUE
AMHERST TO NORTH END
GROUP #491-B
ITEM #66, C.C.P. 1/26/99.
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised
and received bids on October 6, 1999 for W.P.A. Streets - New
Amsterdam Avenue - Amherst to North End, Group #49 1 -B.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and material
which will be performed. The final cost of the work will be
based on the actual measured quantities of materials entering
into the work and may be either more or less than the total bid.
The following bids were received:
Base Bid
C. Destro Development Co., Inc$444,413.00
Collana Construction Inc. $459,990.00
Destro Brothers Concrete Co., Inc. $476,963.00
E & R General Construction Co., Inc. $491,712.00*
Master's Edge, Inc. $504,681.75
Thomann Asphalt Paving Corp. $516,914.00
A.B.P. Concrete Construction, Inc. $521,853.00
Visone Construction, Inc. $573,464.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
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above project is C. Destro Development Co., Inc. I respectfully
recommend that your Honorable Body order the work, the cost
thereof to be charged to the Capital Projects Fund #30007406
in an amount of $444,413.00. The engineer's estimate for this
work is $573,875.00.
The attached is certified to be a true and correct statement of
the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his bid
if an award of the contract is not made by November 24, 1999.
Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works dated October 18, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for W.P. A. Streets - New
Amsterdam Avenue - Amherst to North End, Group #49 1 -B, to
C. Destro Development Co., Inc., the lowest responsible bidder,
in the amount of $444,413.00. Funds for the project
Change in Contract are available in Capital Projects Fund
#30007406.
PASSED
AYES-12 NOES-0
NO. 12
HOUGHTON PARK ROOF RECONSTRUCTION
SHINGLE & BUILT-UP
I hereby submit to Your Honorable Body the following
changes for the Houghton Park Roof Reconstruction, Shingle &
Built-Up, Jemco Roofing Co., C #91991400.
1. Replace approximately 677 square feet of wood deck
Add $ 5,768.00
2. Credit for 42 feet of fascia replacement not required
Deduct $ 537.00
The foregoing change results in a net increase in the contract
of Five Thousand Two Hundred Thirty One and 00/100 Dollars
($5,231.00)
Summary: Original Amount of Contract $81,000.00
Change Contract No. 1(CCP 5/18/99; item #21)
Add $
12,533.00
Amount of this Change Order(No. 2) Add $5,231.00
Revised Amount of Contract $98,764.00
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 30230306=-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 above communication from the Commissioner of
Public Works dated October 4, 1999, be received and filed; and
That the Commissioner of Public Works be, and hereby is
authorized to issue change order No. 2, to Jemco Roofing Co.
and increase in the amount of $5,231.00, as more fully
described in the above communication for work relating to
Houghton Park Roof Reconstruction, Shingle & Built-Up,
C#91991400. Funds for this project are available in CPF
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30230306-445100 Division of Buildings
PASSED
AYES-12, NOES-0
NO. 13
CHANGE IN CONTRACT
MACHNICA COMMUNITY CENTER
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Machnica Community Center, General
Construction, Summit Construction Group, Inc., C
#91983800.
1. Install approximately 220 feet of concrete barriers
along Clinton Street to provide a safe passage for pedestrians.
Add $ 9,718.00
The foregoing change results in a net increase in the contract of
Nine Thousand Seven Hundred Eighteen and 00/100 Dollars
($9,718.00).
Summary: original Amount of Contract $2,530,000.00
net Change by Previous Change Orders $ 49,814.50
Amount of This Change Order (No. 4) Add $ 9,718.00
Revised Amount of Contract $2,589,532.50
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting Architect
(Barton, Hovey, Nardini, Tries) and the Department of Public
Works and found to be fair and equitable. Funds for this work
are available in CPF 30230306-445100 - 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 above communication from the Commissioner of
Public Works dated October 4, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 4, to Summit Construction
Group, Inc., an increase in the amount of $9,718.00, as more
fully described in the above communication, for work relating to
Machnica Community
Center, General Construction, C #91983800. Funds for this
project are available in CPF 30230306-445100 Division of
Buildings.
PASSED
AYES 12 Noes 0
NO. 14
CHANGE IN CONTRACT
MACHNICA COMMUNITY CENTER
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Machnica Community Center, General
Construction, Summit Construction Group, Inc.,
C #91983800.
1. Filing fee for Asbestos Abatement Variance with the New
York State Department of Labor for 1799 Clinton Street.
Add $ 402.50
2. Filing fee for City of Buffalo Planning Board Review.
Add $ 1,150.00
The foregoing change results in a net increase in the contract of
One Thousand Five Hundred Fifty Two and 50/100 Dollars
($1,552.50).
Summary:
Page 8
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Original Amount of Contract $2,530,000.00
Net Change by Previous Change Orders $ 8,262.00
Amount of This Change Order (No. 3) Add $ 1,552.50
Revised Amount of Contract $2,579,814.50
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting Architect
(Barton, Hovey, Nardini, Tries) and the Department of Public
Works and found to be fair and equitable. Funds for this work
are available in CPF 30230306-445100 - 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 above communication from the Commissioner of
Public Works dated October 4, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 3, to Summit Construction
Group, Inc., an increase in the amount of $1,552.50, as more
fully described in the above communication, for work relating to
Machnica Community Center, General Construction, C
#91983800. Funds for this project are available in CPF
30230306-445 100 Division of Buildings.
PASSED
AYES 12 Noes 0
NO. 15
CHANGE ORDER
RECONSTRUCTION OF CURBS & SIDEWALKS - 1998
GROUP #474
C. DESTRO DEVELOPMENT, INC.
CONTRACT NO. 91959201
ITEM NO. 134, 3/17/98
ITEM NO. 29, 10/20/98
ITEM NO. 23, 2/23/99
I hereby submit to our Honorable Body the following unit
price additions to the contract for the above named
Project. This change order was necessary to enable our
department to make improvements to the Tiff & Hopkins
Intersection including granite curbing, concrete sidewalk,
pavement base and landscaping.
Change Order No. 3
Location: Tifft & Hopkins Total Cost $32,485.30
See attached bids
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 14, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 3, to C. Destro
Development, Inc., an increase in the amount of $32,485.30, as
more fully described in the above communication, for work
relating to Reconstruction of Curbs & Sidewalks – 1998,
Group# 474, Contract No. 91959201. Funds for this Project
are available in Division of Engineering Bond Fund Account #
202-401-002 (#30228006)
PASSED
AYES-12, NOES-0
NO. 16
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 103 - GENERAL CONSTRUCTION
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99-1019.txt
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, General Construction, Contract 103, The
C. H. Byron Co., Inc., C #91938800.
1. Credit for dumpster service not required.
Deduct $ 3,552.00
The foregoing change results in a net decrease in the contract
of Three Thousand Five Hundred Fifty Two and 00/100 Dollars
($3,552.00).
Summary: Original Amount of Contract $2,378,000.00
Net Change by Previous Change Orders $ (62,319.00)
Contract Sum Prior to This Change Order $2,315,681.00
Amount of This Change Order (#9) Deduct $ (3,552.00)
New Contract Sum to Date $2,312,129.00
These changes could not be foreseen at the time contract was
let. Costs have been reviewed by the Consulting Architect
(Kideney Architects), the Construction Manager (Ciminelli-
Cowper Co., Inc.), and the Department of Public Works and
found to be fair and equitable. Funds for this work are to be
credited to CPF 39232006445100- 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 above communication from the Commissioner of
Public Works dated October 15, 1999, be received and filed;
and That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 9, to C. Destro
Development, Inc., a decrease in the amount of $3,552.00, as
more fully described in the above communication, for work
relating to Shea's Performing Arts Center, Stage Expansion
Project, General Construction, C #91938800. Funds for this
project are to be credited to CPF 39232006 445 100 - Division
of Buildings.
PASSED
AYES 12 Noes 0
NO. 17
REVIEW PERFORMANCE OF
AMERICAN ANGLIAN
ITEM #162, C.C.P. SEPTEMBER 7,1999
The referenced item was referred to this department for a
review of the operations of the Buffalo Water System by
American Anglian Environmental Technologies. After
completion of two years of operations, this department is
generally satisfied with AAET's operation of the water
system. American Anglian met and exceeded all water
quality regulations imposed by the USEPA and New York
Department of Health. They have settled most of their
labor contract negotiations. They have improved the training,
health and safety of our workforce. They have upgraded our
fleet of vehicles. They have instituted a leak detection system,
which has reduced water production. They have established a
comprehensive maintenance program. They have reduced
the work force through attrition. Most importantly however
the contract with AAET allowed the Buffalo Water Board to
reduce rates by 8% and to maintain those rates for two
years, despite increasing costs. AAET has had some problems
in the customer service and
collection areas, however with the start-up of their new billing
system, and increased effort in their collection initiatives we
are certain that these areas will improve.
Page 10
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To try to address some of the specific concerns, we offer the
following:
High Turnover of Management - Since the start of the
contract, the only AAET system employee to be replaced
was the project manager, Mr. Andrew Clarkson. He was
promoted to a regional manager in the KansasCity,M0area. He
was replaced by Mr.James Camp along. In customer service,
Mr. Charles Aughtry was re-assigned from Customer Service to
Collections in order to respond to the Water Boards request to
increase collections. Mr. Graham Goy temporarily replaced
Mr. Aughtry. They are in the process of selecting a
permanent customer service manager. AAET has replaced
its Regional Manager. They have moved Mr. Charles
Wilson to another position within the company and have
replaced him with Mr. James Halliday. Keep in mind however,
that the Regional Manager has very little to do with the day
to day operations of our system. His primary duties are
business developments. Revenues - The only reduction of
revenues delivered to the Water Board was attributed to
the 8% rate reduction. In each year since the contract has
been signed, the Board has met or exceeded its revenue
projections.
Repair of Water Leaks - With the beginning of AAET's leak
detection program, many previously unnoticed water leaks have
been found and repaired. We have not seen any
indication that known leaks are not being addressed in a
reasonable amount of time.
Metering Program - Work on the metering program suffered
while AAET negotiated with involved unions to develop contract
changes which would allow union employees to be
assigned to the program. Many of those negotiations have
now been completed and work on the meter program has
increased accordingly. Attached is the most recent meter
installation schedule. The Water Board is concerned with the
lack of expected progress and is closely watching AAET's
compliance with the terms of their contract.
Water Cuts and Permit Fees - The City of Buffalo
Department of Community Development entered into
an agreement with the Buffalo Water Board to have the
Board complete Sewer and Water termination's to city
owned properties which were scheduled for demolition. The
Water Board contracted with American Anglian for this
work under the provisions of section 7.2, New Work, of their
contract. To date, this office is unaware of any
dissatisfaction of any City department in AAET's performance
of the work. As required by Article III, Operations, Maintenance
and Improvements of the System, Section 3.3, Compliance with
regulations, of the Operation Agreement between the City
of Buffalo and the Buffalo Water Board as amended dated
August 1, 1997, the Water Board is not required to obtain
any permits, licenses or
approval from the City in the operation, maintenance, repair or
improvements. Much has been said recently as to whether or
not the City is getting a better price by contracting with the
Water Board or with an independent contractor. The final
determination of this rest with the City, Department of
Community Development and not with the Water Board,
although our review of the cost comparison between the Board
and the latest contract issued to an independent contractor is
as follows. In this analysis the amount paid to the Board is
augmented by permit revenues that the City is not receiving, in
order to present a fair comparison with the independent
contractor.
Page 11
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Latest cost per termination by independent contractor
$965
Payment to Buffalo Water Board per termination
$725
Water Permit Fee $ 85
Street Cut Permit Fees $122
TOTAL $932
SAVINGS $33
I hope that the information presented here will satisfy Your
Honorable Body's request. I have also enclosed a copy of
AAET's Annual Report for their first year of operation, and a
report from the engineering consultant to the Board, R&D
Engineering on AAET's performance.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 18
DIFF IN PAY M. GUGINO
APPROVAL TO SUBMIT A SUPPLEMENTAL
FOR PAYMENT OF A SUM EQUAL TO THE
DIFFERENCE BETWEEN WAGES AND
COMPENSATION BENEFITS
Mr. Michael Gugino, Machine Operator-Water (Permanent)
in the Division of Water has been on disability from 8/11/99
to the present. 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
Workers Compensation Law for a period not to exceed 6
months.
Therefore, Mr. Gugino is entitled to a difference in pay.
The normal salary for 10 days is $1,337.25 (based on a daily
rate of $133.725) . Less deductions for Federal Tax -
$156.62, State Tax - $56.31, FICA/Med. - $101.92 and New
York State Retirement Contribution $40.12. The payment
from the Compensation Carrier is $800.00 bi-weekly making
the difference due the employee of $182.28 bi-weekly
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 6, 1999 be received and filed; and
That the Comptroller be, and he hereby is authorized to pay
Michael Gugino, Machine Operator-Water in the Division of
Water in the amount of $182.28 bi-weekly for difference in pay
allowance under the provisions of the Workers' Compensation
Law from 8/11/99 to the present for a period not to exceed six
(6) months.
PASSED
AYES 12 Noes 0
NO. 19
DIFFERENCE IN PAY, B. PETERSON
APPROVAL TO SUBMIT A SUPPLEMENTAL FOR
PAYMENT OF A SUM EQUAL TO THE DIFFERENCE
BETWEEN WAGES AND COMPENSATION BENEFITS
Mr. Brian Peterson, Water Meter Mechanic (Permanent)
in the Division of Water has been on disability from 7/8/99
to the present. 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's Compensation Law for a period not to exceed 6
months.
Therefore, Mr. Peterson is entitled to a difference in pay.
The normal salary for 10 days is $1,205.68 (based on a
Page 12
99-1019.txt
daily rate of $120.568). Less deductions for Federal Tax -
$111.50, State Tax - $46.36, FICA/Med. - $92.23 and New
York State Retirement Contribution - $36.17. The
payment from the Compensation Carrier is $764.60 bi-
weekly making the difference due the employee of $154.82
bi-weekly.
Mrs. Lotempio Moved:
That the above communication from the Commissioner of
Public Works dated October 6, 1999 be received and filed; and
That the Comptroller be, and he hereby is authorized to pay
Brian Peterson, Water Meter Mechanic in the amount of
$154.82 bi-weekly for difference in pay allowance under the
provisions of the Workers' Compensation Law from 7/8/99 to
the present for a period not to exceed six (6) months.
PASSED
AYES 12 Noes 0
NO. 20
PERMISSION FOR AUCTION/SALVAGE
The Department of Public Works is hereby requesting
permission for the Department of General Services to
auction/salvage obsolete Burnum boiler located in Memorial
Auditorium.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
FROM THE COMMISSIONER OF POLICE
NO. 21
CHECKS RECEIVED $5,192.64
ITEM NO. 104, C.C.P. 2/2/88
8155-00110370 C2-97-0110 $ 540.00
8155-00110352 C2-97-0098 4,652.64
TOTAL DEPOSIT $ 5,192.64
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration. DEA). The
checks were received by this Department and duly deposited in
the Trust & Agency Account, #20010000-389001.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF POLICE
NO. 22
CHECKS RECEIVED $234,415.00
ITEM #37, CCP SEPTEMBER 21,1999
Trust & Agency Account Recap Account# 20010000- 09/30/99
Balance $234,415.00
Various Descriptions
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF POLICE
NO. 23
PERMISSION TO ACCEPT VARIOUS
GRANTS AWARDED TO DEPARTMENT LISTED
BELOW AND APPROVAL FOR APPROPRIATE
INTERFUND CASH LOANS
As you are aware, the Buffalo Police Department has
been very successful in securing grant funding through
various sources over this last year. We have finally received
official verification and confirmation from the County,
State and Federal Governments as to these awards.
Therefore, in order to keep within the practices of our
Page 13
99-1019.txt
grant processing, we are asking permission from your
Honorable Body for the Mayor to enter into the contracts
listed below. In addition, we are also requesting, as is
our standard practice, that your Honorable Body authorize
the Comptroller to provide for an interfund cash loan for
all non-personnel expenses until such reimbursements are
secured by the funding source (County, State, "Feds"). We
have listed the amounts under each perspective grant and
each loan would then be repaid as the reimbursements are
sent to the City under the individual grant programs.
Because of the bureaucratic procedures involved with
processing our grants,, we are respectfully asking that
these items be approved at the Council's October 19,
1999 meeting. Delayed information, budgets and
contracts at these government levels, often times beyond
the City's controls have created a pressing situation for the
processing of the required paperwork. Some of these
grants involve confidential funds, equipment, etc. and it
is imperative that we spendout the funding prior to the end of
the grant's fiscal year, and in most cases, because of the
lengthy processing, we are constantly
faced with time constraints (most pressing at this point:
Buckle Up New York, Aid To Law Enforcement and STOP
DWI). Therefore, we would appreciate your approval at the
next meeting.
STOP DWI Grant Program We are requesting
authorization for the Mayor to enter into the 1999 renewal
agreement between the City of Buffalo and the County of
Erie under the STOP DWI Grant Program for the period
January 1, 1999 through December 31, 1999. The City of
Buffalo and the County of Erie have had these annual
contractual agreements over the last several years
whereby the City is reimbursed for efforts in the
enforcement of alcohol and/or related traffic violations.
Under this agreement, the City will be reimbursed by the
County for up to 65% of all revenue generated from fines
levied resulting from the disposition of alcohol- related
traffic offenses. These funds are then utilized to
continue enhancing the Department's DWI enforcement
activities. Under this particular grant there is no City Match
and no interfund cash loan request.
AID TO LAW ENFORCEMENT - The City has been
awarded a renewal grant in the amount of $652,998 from
the Department of Criminal Justice Services for the
period 4/1/99 through 3/31/00. Under this grant, the
Department will continue with the current program which
provides case enhancement for the arrest and
conviction of offenders who commit violent felonies and/or
who otherwise fall under the definition of career criminal
(as specified under the grant) because of their previous
criminal history. For this renewal and has been our past
practice, we are requesting that your Honorable Body also
authorize an inter-fund cash loan in the amount of $78,978
as a cash advance for all departmental, non-personnel
expenses until such reimbursement is secured from the
State. ($15,000 confidential funds, $1,500 travel/training,
$403 for supplies and $62,075 CPS Lab Chemist position) .
The loan would then be repaid as the reimbursements are
sent to the City from the State under this grant project.
There
is no City Match involved with this grant.
BUCKLE UP NEW YORK - The Buffalo Police
Department has been awarded $11,400 for the period
Page 14
99-1019.txt
5/1/99 through 12/31/99 for our participation in the
statewide "Buckle Up New York" Campaign. This
coordinated, multi-agency statewide approach is being
coordinated by the Governor's Traffic Safety Committee in
cooperation with the National Highway Transportation
Safety Administration, the New York State Police, the
New York State Association of Chiefs of Police and the
New York State Sheriff's Association. This project will
reimburse the Department for overtime expenses incurred
for our participation in three designated enforcement
waves that will encourage an increase seat belt usage,
child restraint compliance and various traffic safety rules
through road checks and saturation roving patrols. Under
this particular grant, there is no City Match and no interfund
cash loan request as it covers overtime reimbursement for
personnel only.
DATAMASTER - With regard to this project, we are
filing this part only as an "informational" to your Honorable
Body. Because the Department is purchasing two (2)
Datamaster breathalyzers, the City is eligible for
reimbursement for 50% of the cost through the New York
State Division of Criminal Justice Services. We are eligible
to receive $4,775 and this is our official notification to the
city regarding the same.
GOVERNOR'S TRAFFIC SAFETY - Once again, the City
of Buffalo has been awarded at least $16,169 in renewal
grant funding under the Governor's Traffic Safety Grant
Program through our participation with the
County of Erie's Governor's Traffic Safety Regional
Planning Committee. Through this project, a heavy
emphasis is being placed on general safety
enforcement (speed awareness, child seat and restraint
checks) which has been determined regionally by this
committee as a major problem (whereby the City of
Buffalo is represented as are the surrounding suburbs). The
grant will reimburse the Department for personnel costs
associated with our participation under this grant
program up through September 30, 2000. Under this
particular grant, there is no City Match and no interfund cash
loan request as it covers reimbursement for personnel
costs only.
Again, we are asking for permission for the City to accept all of
these awards, and also, authorization for the requested
interfund cash loans. We are finding the processing of grant
information more and more difficult due to the complexity
of the different processes stipulated by Local, County,
State and Federal Governments. We try to secure all the
required information in a timely manner, however, the
reality is that always does not happen, and as a result, we find
ourselves, as in this filing, having to process things extremely
quickly and asking for your cooperation in helping us to
achieve this end.
If you have any questions or require additional information,
please contact Chief James Giammaresi or Maureen Oakley
at ext. 4475.
Thank you for your immediate attention to all of the above.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF POLICE
FROM THE COMMISSIONER OF FIRE
NO. 24
CERTIFICATE OF APPOINTMENT
Page 15
99-1019.txt
APPT. FIRE LTS. (MAX)
APPOINTMENT EFFECTIVE: October 4,1999 IN THE
DEPARTMENT OF Fire TO THE POSITION OF Fire
Lieutenant Permanent Promotion, Non-Competitive
promotion at the flat Starting salary of $53,314
Bernard Garassi, 94 N. Lane Angola, 14006
Keith Burke, 308 North, Amherst, 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 25
CERTIFICATE OF APPOINTMENT
APPT. FIRE LTS. (PERM CONT.)(MAX)
APPOINTMENT EFFECTIVE: October 4, 1999 IN THE
DEPARTMENT OF Fire TO THE POSITION OF Fire
Lieutenant permanent contingent promotion at the flat Starting
salary of: $53,314
Philip Losi, 308 W. Delavan Avenue, Buffalo, 14213
Charles Manley, 179 Shenadoah, Buffalo, 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 26
ELMWOOD WALKWAY PROJECT
520 ELMWOOD; 569, 573 FOREST
ITEM NO. 29, 84, C.C.P., 1/12/99
The City has sought easements from the property owners at
502, 504, and 520 Elmwood Avenue for a pedestrian walkway
between the City parking lot at West Utica Street and Elmwood
Avenue. The City currently has easements from two of the
owners, at 502 and 504 Elmwood, as authorized by this
Honorable Body, C.C.P., Jan. 12, 1999, No. 84.
Councilmembers Coppola and Zuchlewski negotiated with the
Mayor, Community Development and this department the final
easement with the owners of 520 Elmwood, Mr. And Mrs.
Roger Chainani. In exchange for the pedestrian easement at
520 Elmwood and acquisition of one-third of a frame garage
and parking pad from that parcel (for use as a dumpster
storage area), the City will grant the Chainanis a 20x40 parcel
at 569-73 Forest Avenue. The easement will stipulate that the
City will maintain the easement area in good repair, including
removal of snow, ice, trash and debris.
I hereby request that the Common Council authorize this
Department and Community Development to proceed forward
with the easement and acquisition agreements and authorize
the Mayor to execute such documents.
Mrs. LoTempio moved:
That the Corporation Counsel and the Commissioner of
Community Development be and they hereby are authorized
to acquire a portion of, and an easement for 520 Elmwood and
to exchange a 20' x 40' parcel at 569-73 Forest Avenue
with Mr. & Mrs. Roger Chainani, and That the Corporation
Counsel be and he hereby is authorized to prepare any and all
necessary documents to achieve this exchange; and
That the Mayor be and he hereby is authorized to execute such
documents.
PASSED
AYES 12 NOES-0
FROM THE COMMISSIONER OF COMMUNITY
Page 16
99-1019.txt
DEVELOPMENT
NO. 27
ELLICOTT REDEVELOPMENT
PROJECT NYR 1-1
APPROVAL OF CONTRACT FOR
SALE OF LAND
468 NORTH DIVISION
The City of Buffalo Urban Renewal Agency duly designated
A.C. Ware Housing Development and/or joint venture,
partnership, corporation or other legal entity to be formed as the
qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land
Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of
Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public hearing, and
to direct the publication of a notice of said hearing. In the
interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare
a Resolution together with a Notice of Public Hearing for your
action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the disposition of the land to the
Redeveloper, which the Agency has designated as being
qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 28
NEW BUFFALO INDUSTRIAL PARK
APPROVAL OF CONTRACT FOR
SALE OF LAND - 4.33 ACRES
PORTION OF DISPOSITION
PARCEL4
The City of Buffalo Urban Renewal Agency duly designated
Meals on Wheels of Buffalo and Erie County, Inc. and/or joint
venture, partnership, corporation or other legal entity to be
formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land
Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of
Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public hearing, and
to direct the publication of a notice of said hearing. In the
interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare
a Resolution together with a Notice of Public Hearing for your
action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
Page 17
99-1019.txt
2. Notice of Public Hearing
3.Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the disposition of the land to the
Redeveloper, which the Agency has designated as being
qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 29
NEW BUFFALO INDUSTRIAL PARK
APPROVAL OF CONTRACT FOR
SALE OF LAND - 1.8 ACRES
99 THIELMAN DRIVE
The City of Buffalo Urban Renewal Agency duly designated
Advanced Marketing and/or joint venture, partnership,
corporation or other legal entity to be formed as the
qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land
Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of
Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public hearing, and
to direct the publication of a notice of said hearing. In the
interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare
a Resolution together with a Notice of Public Hearing for your
action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3.Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the disposition of the land to the
Redeveloper, which the Agency has designated as being
qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 30
SCHILLER PARK SENIOR CENTER - GUTTER
REPLACEMENT - REPORT OF BIDS
I hereby request permission to take bids for the above
project; and having asked for and having received on
September 28, 1999 the following bids for the replacement of
approximately 180 linear feet of gutter inclusive of down spouts
at the Schiller Park Senior Center per the bid document.
COMPANY BASE BID
Jos. A. Sanders & Son Inc. $4,577.00
P.O. Box 814
Buffalo, NY 14240
Progressive Roofing Inc. No bid submitted.
331 Grote street
Buffalo, NY 14207
Page 18
99-1019.txt
Jameson Roofing Company, Inc. No bid submitted.
1649 Fillmore Avenue
Buffalo, NY 14211
NETH & Son, Inc. No bid submitted.
146 Taylor Drive
Depew, NY 14043
Murray Roofing No bid submitted.
600 Cayuga Creek Road
Cheektowaga, NY 14227-1932
CONSULTANT'S ESTIMATE $3,850.00
I hereby certify that the foregoing is true and correct
statement of the bids received. Therefore Jos. A. Sanders &
Son Inc. of 99 - 117 Lathrop Street, Buffalo, NY 14212 has
been identified as the lowest responsible bidder for a total of
$4,577.00 in accordance with the plans and specifications.
I recommend and request that Your Honorable Body authorize
the Commissioner of Community Development to order the
work on the basis of the lowest, responsible bid. Funds for the
work of this contract is available in Bond Fund #200-717-059 /
MUNIS #30020806 and Bond Fund #200-717-017 / Munis
#30018106.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated October 5, 1999, be received
and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to award a contract for Schiller Park
Senior Center, Gutter Replacement, to Jos. A. Sanders & Son,
Inc., the lowest responsible bidder, in the amount of $4,577.00.
Funds for the project are available in Bond Fund #200-717-
059/Munis #30020806 and Bond Fund #200-717-017/Munis
#30018106.
PASSED
AYES 12 NOES-0
NO. 31
REPORT OF AUCTION - BID
129 LEMON, 185.871 S CARLTON
LOT SIZE: 35' X 100’
ASSESSED VALUATION: LAND - $1,600
TOTAL 20,300
On May 27th, 1999 a public auction was held by the
Comptroller's Office and the Department of Community
Development. After due notice and advertisement, the
following bid was received for the above captioned property:
ADDRESS BID AMOUNT PURCHASER
NAME AND ADDRESS
129 Lemon $400.00 Mr. David Moore
16 Manhart Street
Buffalo, NY 14215
The subject property is a two family dwelling acquired by the
City of Buffalo in 1999. The purchaser intends to acquire,
rehabilitate and rent for income purposes. The purchaser has
deposited twenty percent of the bid price.
The bid price is the amount to be received by the City. The
buyer will be required to pay a ten percent buyer premium to
Cash Realty and Auction.
The Department of Community Development and Division of
Collections have no objection to the sale. There are no taxes,
Page 19
99-1019.txt
liens or building code violations owed to the City of Buffalo by
the purchaser. Mr. Moore has provided sufficient proof of his
financial ability to acquire and repair the property.
I am recommending that Your Honorable Body approve the bid
of Mr. David Moore in the amount of Four Hundred Dollars
($400). I am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer
for title and that the Mayor by authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 32
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
253 O'CONNELL, (CITY VACANT LOT, DIMENSIONS 29' X
181 ‘ 197 WL; TO RR LANDS)
ASSESSED VALUATION: $2,700.
The Department of Community Development has surveyed
the city-owned vacant lot at 253 O'Connell, the parcel is 29' x
181', 197 WL; to Railroad Road Lands in dimension; and it
has been determined that this parcel is inappropriate for either
the construction of new housing or needed for public purpose.
Mr. Kyle J. Cunningham residing at 251 O'Connell Street,
indicated that he will clean, improve and maintain the lot in the
event that he obtains 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 to
be designated as a Homestead Property and be transferred to
Mr. Cunningham 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. 33
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
49 RED JACKET (CITY OWNED-VACANT LOT,
DIMENSIONS 26' X 100")
The Department of Community Development has surveyed
the city-owned vacant lot at 49 Red Jacket Street, Buffalo, New
York 14210, parcel is 26' x100' in dimension; and it has been
determined that this parcel is inappropriate for either the
construction of new housing or needed for public purposes.
Mr. & Mrs. Daniel Block, Sr., residing at 406 Fulton Street
indicated that they will clean, improve and maintain the lot in
the event that they 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 homesteaders.
We, therefore, recommend that the city-owned vacant lot
to be designated as a Homestead Property and be
transferred to Mr. and Mrs. Block 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. 34
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRARN
362 NORFOLK (CITY OWNED-VACANT LOT - 35' X 125')
Page 20
99-1019.txt
The Department of Community Development has surveyed
the city-owned vacant lot at 362 Norfolk Street, the parcel is 35'
x 125' in dimension; and it has been determined that this
parcel is inappropriate for either the construction of new
housing or needed for public purposes.
Mr. George Goodman, residing at 364 Norfolk Street
indicated that he will clean, improve and maintain the lot in the
event that he obtains 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 to be
designated as a Homestead Property and be transferred to
Mr. George Goodman 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. 35
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
771 NORTH DIVISION
(CITY OWNED-VACANT LOT, 25' X 105')
The Department of Community Development has surveyed
the city-owned vacant lot at 771 North Division Street, Buffalo,
New York 14210, parcel is 25' x 105' in dimension; and it
has been determined that this parcel is inappropriate for
either the construction of new housing or needed for
public purposes.
Mrs. Dawn Murdock, residing at 773 North Division
Street indicated that she will clean, improve and maintain
the lot in the event that she obtains 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
to be designated as a Homestead Property and be
transferred to Mrs. Dawn Murdock 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. 36
RESULTS OF NEGOTIATIONS
255 GRAPE, 172' N NORTH
VACANT LOT: 25' X 100'
ASSESSED VALUATION: $1,300
257 GRAPE, 197' N NORTH
VACANT LOT: 23' X 100'
ASSESSED VALUATION: $1,200
he Department of Community Development, Division of In-
Rem Properties, has received a request from Pastor Roscoe
Jones of Faith Apostolic Church of Christ, Inc., 341 East North
Street, Buffalo, New York 14204, to purchase the above
captioned vacant lots. These lots will be used for parking in
conjunction with church services.
he Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to the
Page 21
99-1019.txt
City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by
Robert E. Jones of Jones Real Estate Appraisal & Financial
Service, Inc., 1325 Kensington Avenue, Buffalo, New York
14215. He has estimated the value of the parcels to be one
Thousand Nine Hundred Dollars ($1,900), forty cents (.40) a
square foot. The Division of In-Rem Properties concurs with the
appraisers estimate of value.
The results of our negotiations are that Pastor Roscoe of
Faith Apostolic Church of Christ, Inc. has agreed and is
prepared to pay One Thousand Nine Hundred Dollars ($1,900),
for both 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 approve the
sale of 255 and 257 Grape Street to Faith Apostolic Church of
Christ, Inc. in the amount of One Thousand Nine Hundred
Dollars ($1,900). 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 COMMITTEE ON FINANCE
NO. 37
RESULTS OF NEGOTIATIONS
91 HOWARD, 541 E ADAMS
VACANT LOT; 27' X 93'
ASSESSED VALUATION: $1,400
The Department of Community Development, Division of
In-Rem Properties, has received a request from Mr. Anthony
Lamont, 87 Howard Street, Buffalo, New York 14206, to
purchase the above captioned vacant lot. Mr. Lamont intends
to use the property for extra yard space.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by
Mr. Gary H. Ersing of U. S. Appraisal Inc., 280 Cayuga Road,
Buffalo, New York 14225. He has estimated the value of the
parcel to be Six Hundred Dollars ($600), or Twenty Three Cents
(.23) a square foot. The Division of In-Rem Properties has
investigated the sales in similar properties in the subject area.
Sale prices range from Thirty-Two Cents (.32) a square foot
to Fifty-Five Cents ($.55) a square foot.
The results of our negotiations are that Mr. Anthony
Lamont has agreed and is prepared to pay Eight Hundred
Dollars ($800), which is Thirty Two Cents (.32) a square foot,
for this parcel. Mr. Lamont has also agreed to pay for the cost
of the appraisal, transfer tax, recording fee's and cost of the
legal description.
I am recommending that Your Honorable Body approve the
sale of 91 Howard Street to Mr. Anthony Lamont for the amount
of Eight Hundred Dollars ($800). 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 COMMITTEE ON FINANCE
NO. 38
RESULTS OF NEGOTIATIONS
84 SHUMWAY, 171.72 N. WILLIAM
Page 22
99-1019.txt
VACANT LOT: 30’ X 105’
ASSESSED VALUATION: $1,700
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase 84
Shumway Street from Pastor Richie L. DeBow of Praise
Tabernacle Church, Inc., 706 William Street, Buffalo, New
York 14206. The church presently owns 82 Shumway Street,
which is adjacent to 64 Shumway Street. Together, these lots
will be used as a parking lot for the church.
The Department of Community Development and Division
of Collections have no objections to the sale. 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
Mr. David A. Burnett of Arrow Appraisal, 288 Linwood
Avenue, Buffalo, New York 14209. He has estimated the
value of the property to be One Thousand Dollars ($1,000).
The Division of In-Rem Properties concurs with the
appraisers estimate of value.
The results of our negotiations are that Pastor DeBow has
agreed and is prepared to pay One Thousand Dollars
($1,000) for the subject property. He 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 84 Shumway Street to Praise Tabernacle church, Inc. in
the amount of One Thousand Dollars ($1,000). 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 COMMITTEE ON FINANCE
NO. 39
RESULTS OF NEGOTIATIONS
586,SWAN, 136.50 E JEFFERSON
VACANT LOT: 26' X IRREGULAR, 1201 W,
AND 122' E
ASSESSED VALUATION: $1,600
The Department Of Community Development, Division of In-
Rem Properties, has received a request to purchase from Mr.
Robert Rieker, 578 Swan Street, Buffalo, New York 14210.
Mr. Rieker lives adjcent to this property and intends to build a
garage and plant trees.
The Department of Community Development and the Division
of Collections have no objection to the sale. There are no
building code violations, taxes or other liens owed to the City
of Buffalo by the purchaser. An independent appraisal of the
property was conducted by Mr. David A. Hurlburt of Howard
P. Schultz & Associates, 288 Linwood Avenue, Buffalo, New
York 14209. He has estimated the value of the parcel to be
Four Hundred Fifty Dollars ($450), Eight Cents (.8) a square
foot. The Division of Tn-Rem Properties has investigated the
sales of similar properties in the area. sales prices range from
Sixteen Cents (.16) to Thirty-Eight Cents (.38) a square foot.
The results of our negotiations are that Mr. Rieker has
agreed and is prepared to pay Nine Hundred Fifty Dollars
($950), Thirty Cents (.30) a square foot, for this parcel. He has
also agreed to pay for the cost of the appraisal, transfer tax,
recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve the
sale of 586 Swan Street to Mr. Robert Rieker in the amount of
Page 23
99-1019.txt
Nine Hundred Fifty Dollars ($950). 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 COMMITTEE ON FINANCE
NO. 40
INSPECTIONS, LICENSES & PERMITS
ALARM REGISTRATION FEES
Per your request, please be advised that the total amount of
revenue generated by Alarm Registration Fees for the 1998-99
Fiscal Year was $149, 190. There were a total of 14,919 Alarm
Registrations issued during this fiscal year.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
DEMOLITION OF 762 EAST AMHERST STREET
I am in receipt of your Common Council Communication in
reference to the demolition of 762 Amherst Street and I
would like to supply your Honorable Body with the following
information. Over the past several months Building
Inspectors from the Department of Community
Development have attempted to have this building brought
into compliance. Our records have shown that the owner of this
building is John Trageser, 5192 Rt. 98, Java Center, New
York 14082. On October 6, 1999 a request to "Board Up" this
building was submitted to the Mayor's Impact Team". On
September 17, 1999 a pre-demolition Asbestos survey was
performed. The asbestos survey had shown no asbestos
containing material on the property. 762 East Amherst Street
has been identified for demolition and will be bid out along with
several other structures during the early part of October. It is
my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 42
AFSCME LOCAL 264
FACTFINDING REPORT
OCTOBER 15, 1999
Enclosed for late filing with the Common Council are an
original and three (3) copies of the Mayor's Recommendations
on the AFSCME Local 264 Factfinding Report, the Factfinder's
Report and Recommendations, and the
City's Brief to the Factfinder.
Thank you.
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR
LAW IMPASSE AND THE COMMISSIONER OF PUBLIC
WORKS
NO. 43
MINORITYHIRINGATBUFFALOSEWERAUTHORITY
ITEM #150, C.C.P. 10/5/99
The Division of Labor Relations has provided the Buffalo
Sewer Authority staff with copy of the City's Affirmative Action
plan, and is always willing to work with the authority to develop
goals and steps to implement them. For the most part, though,
he hiring policies and activities at the Sewer Authority are
Page 24
99-1019.txt
handled separately from he rest of City government, as it is a
separate entity.
I trust this answers your question; I would be happy to discuss
the issue further at our Honorable Body's convenience.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 44
CERTIFICATE OF APPOINTMENT
APPT. ASST. COLLECTIONS OFFICER(INTER)
Appointment Effective: October 4, 1999 n the
Department of Administration and Finance Division of Parking
Enforcement to the Position of Assistant Collections Officer
Permanent Appt. At the Intermediate Starting Salary of:
$31,824
Joseph A. LoTempio, 62 Tacoma Avenue, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
NO. 45
MINORITY HIRING AT
BUFFALO SEWER AUTHORITY
#150 CCP OCT. 5,1999
In response to your inquiry of October 6, 1999, the Buffalo
Sewer Authority has attempted, ver the last few years, to
meet the standard industry level with respect to its number
of employees by downsizing through attrition, and hiring or filling
only essential positions. We have experienced a staff
reduction of over 20%.
The Buffalo Sewer Authority hereby submits its Utilization
Analysis as of September 1, 1999. In addition, we submit a
report outlining our hiring for the last three (3) years, including a
breakdown in the number of minorities that were hired for each
year.
Should the Buffalo Sewer Authority require additional staffing,
we will follow the Affirmative Action Plan outlined in
coordination with the City of Buffalo, Office of Contract
Compliance, including advertising in the local newspapers, local
colleges, and any agencies dealing with the recruitment of
qualified individuals.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO. 46
AUTO ALLOWANCE
I transmit herewith notifications received by me, of individuals
who will be receiving automobile allowances in their respective
departments.
FIRE CAPT. WILLIAM DUNN
HSPR JAMES BECKER
RECEIVED AND FILED.
NO. 47
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying
for liquor licenses from the Eric County Alcohol Beverage
Control Board.
Address Business Name Owner's Name
Page 25
99-1019.txt
Tsar Entertainment Tsar Entertainment Steve Polyak
503 Franklin Street Fugazi Fugazi
874 Walden Classics Corner Mary Medochill
RECEIVED AND FILED
NO. 48
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:
Police- Jo Ann Re, Genevieve Lyon
Community Development- Beverly Hassett
Street Sanitation- Kevin Banes
Administration and Finance- Phyllis Rossi
Human Services, Parks/Recreation- Robert Carnevale,
Matthew Whelan
RECEIVED AND FILED.
NO. 49
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. 50
NOTICES OF APPOINTMENTS - COUNCIL INTEMS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to
the position of Council Intern.
ADOPTED.
Appointment Effective: Oct 8, 1999 in the Department
of Common Council to the Position of Intern V
Seasonal, Non-Competitive at the Flat Starting Salary of
$8.00 per hr.
Dennis Fay, 293 Courtland Ave, Buffalo, NY 14220
Appointment Effective: OCTOBER 13,1999 in the
Department of Common Council to the Position of Intern
V Seasonal Appointment Non-Competitive at the Flat Starting
Salary of: $8.00 per hr.
Janate S. Ingram, 352 Parkside, Buffalo, NY 14215
NO.51
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
Appointment effective October 6, 1999 in the Department of
Mayor Executive, to the Position of Consultant I, Non
Competitive at the flat starting salary of $10.00/hr.
Kathleen Verrastro, 270 Woodbridge Ave., Buffalo, NY 14214
Apppointment effective October 4, 1999, in the Department
of General services in the Department of General Services,
Page 26
99-1019.txt
Inventory & Stores to the Position of Seasonal Laborer II at the
flat starting salary of $6.92/hr
Marcellus Osborne, 316 Hamburg Buffalo, NY 14204
Appointment effective October 4, 1999 in the Department of
Human Services, Division of Recreation to the Position of Rink
Attendant at the flat starting salary of $5.15/hr
Rafael Ramos, 200 Condon, Buffalo, NY 14207
Lyudmila Galdky, 19 West Lane, Buffalo, NY 14207
Appointment effective October 4, 1999 in the Department of
Stadium & Aud to the Position of Laborer II, at the flat rate of
$6.92/hr
William Truitt, 23 Montcalm, Buffalo, NY 14214
Appointment Effective September 16, 1999 in the
Department of Street Sanitation to the Position of Seasonal
Laborer Ii at the flat starting salary of $6.92/hr
Darryl Balance, 306 Landon, Bflo, NY 14211
Mashi Booth, 373 E. Utica, Bflo, NY 14208
Nicholas G. Derfert, 103 Pontiac, Bflo, NY 14206
Kevin Hall, 196 Eaton St., Bflo, Ny 14208
Nathan Hall, 592 clinton, Bflo, NY 14210
Myron Harden, 91 Stanton, Bflo, NY 14206
Shirley Jackson, 298 Riley, Bflo, NY 14208
Rickey E. Jenkins, 286 Reed st., Bflo, NY 14211
Joseph Kustra, 372 Marilla St., Bflo, NY 14220
Michael Moss, 54 Montclair, Bflo, NY 14215
Matthew O’Grady, 212 summit, Bflo, NY 14214
Craig Thomas, 550 Northampton, Bflo, NY 14208
Appointment effective September 9, 1999 in the Department
of Street Sanitation to the Position of Seasonal Laborer II at the
flat rate of $6.92/hr
Shawn Brown, 33 Carl St., Bflo, NY 14215
Vincent A. Cicatello, 33 Beatrice, Bflo, NY 14207
Nicholas L. Cordova, 36 Auchinvole St., Bflo, NY 14213
Howey J. Giomundo, 440 Hoyt St., Bflo, NY 14213
Jack Eskridge, 306 Hudson, Bflo, NY 14204
Mark McKinnon, 42 Norwalk, Bflo, NY 14216
Frederick Mosca, 588 Dorrance, Bflo, NY 14218
Edwardo Perez, 169 Virgil Ave, Bflo, NY 14216
Roshawn Perry, 188 E. Utica, bflo, NY 14208
Rafael Ramos III, 200 Condon, Bflo, NY 14207
Michael Stachowski, 116 Carmel, Bflo, NY 14214
Barrett Ward, 106 Wellington, Bflo, NY 14216
Frank Zorechak, 136 Lafayette, Bflo, NY 14213
NO. 52
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 October 12, 1999 in the Department of
Public Works, Division of Engineering to the Position of
Laborer I, Permanent Non-Competitive, at the Minimum
Starting Salary of $19, 982
Minay Massimi, 860 Niagara St., Buffalo, NY14213
Appointment Effective October 9, 1999 in the Department of
Fire to the Position of Firefighter, Permanent Appointment at
the Minimum Salary of $34,057
Nancy Spector, 26 Cheltenhsam, Bflo, NY 14216
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99-1019.txt
Teresa Davis, 72 Halbert, Bflo, NY 14214
Willie Holliday, Jr., 87 Mendola, Bflo, NY 14211
Hugh Arthur, 154 Roebling, Bflo, NY 14215
Johnathon Eaton, 213 Berkshire, Bflo, NY 14215
Ronald Pugh, 100 Blaine, Bflo, NY 14208
Reid Saffron, 72 Roehrer, Bflo, NY 14208
Christy Marchses, 191 Hodge, Bflo, NY 14222
Shelby Mckinney, 63 Fay, Bflo, NY 14211
Todd Saffron, 72 Roeher, Bflo, NY 14209
Derrick Floyd, 324 Highgate, Bflo, NY 14215
Napoleon Johnson, 264 E. Delavan, Bflo, NY 14208
Barry Riley, 82 Fennimore, Bflo, NY 14215
Marius Owens, 448 S. Division, Bflo, NY 14204
Javier Vazquez, 96 Pooley, Bflo, NY 14213
Scott Martinez, 573 Fulton, Bflo, NY 14210
Michael Tucker, 41 Hillside, Bflo, NY 14210
Paul Simonian, 58 Coburg, Bflo, NY 14216
Matthew Whelan, 14 Whithall, Bflo, NY 14220
Kevin Melligan, 23 Roanoke, Bflo, NY 14210
Gregory Donovan, 86 Good, Bflo, NY 14220
Kevin Cielencki, 116 Cunard, Bflo, NY 14216
Edwin Torres, 254 15th st, Bflo, NY 14213
Theodore Leber, 83 Doyle, Bflo, NY 14207
Lawrence Robertson, 115 Carlyle, Bflo, NY 14220
David Grinder, 259 Woodside, Bflo, Ny 14220
Robert Carnevale, 87 Sterling, Bflo, NY 14216
Tab Casey, 72 Dundee, Bflo, NY 14220
William Griffin, 94 Rutland, Bflo, NY 14220
Joseph Tomizzi, 25 Delaney, Buffalo, NY 14216
Mark Goodspeed, 145 Shenandoah, Bflo, NY 14220
David Schmitt, 465 Doat, Bflo, NY 14211
Steven Panaro, 5 Crestwood, Bflo, NY 14216
Kevin Keane, 228 Mckinley, Bflo, NY 14220
Frank Juliano, 145 Potters, Bflo, NY 14220
James Gatta Jr., 73 Weyand street, Bflo, NY 14220
Christopher Whelan, 242 Norwood, Bflo, NY 14222
John Patterson, 104 Shenandoah, Bflo, NY 14220
Patrick Lalley, 81 Densmore, Bflo, NY 14220
Kevin Sikorski, 127 Choate Ave. Bflo, NY 14220
Appointment Effective October 4, 1999 in the Department of
Human Services, Division of Recreation to the Position of
Refridgeration Plant Engineer, Temporary at the Flat Starting
Salary of $6.91/hr.
Michael Schieber, 168 Dundee, Bflo, NY 14220
Appointment Effective October 4, 1999 in the Department of
Stadium & Aud, Division of Dunn Tire Park to the Position of
Senior First Class Stationary Engineer, Temporary Appt. At the
Flat Starting Salary of 10.25/hr.
James Delmont, 106 Hartwell Rd, Bflo, NY 14216
Gerald Lewandowski, 173 Eden St. , Bflo, NY 14220
NO. 53
ADELPHIA PROGRESS OF UPGRADES TO CABLE TV
As per your request in your letter dated August 17,1999,
I have prepared the following chronological narrative of
events and of the progress of our upgrade. The narrative
update the changes of staffing in the Western New York area
and their impact on the residents of the City of Buffalo since
August 1,1998 when Adelphia took control of the day to day
operations from TCL
Adelphia Upgrade of the City of Buffalo cable plant to a cable
network with 750NIE[z bandwidth.
Page 28
99-1019.txt
April 2, 1998: A presentation explaining the steps necessary to
complete a 750NMz upgrade took place in front of City
Council members and other City Officials.
December 22, 1998: Documents were presented to Council
President Pitts, other members of the City Council and
officials and you that outlined the design theory equipment and
cable routing for a 75OMHZ-bandwidth capacity platform. I
am happy to report that our crews have activated over 58.33
miles of our new network and approximately 9,038 customers
are now connected to the new network. We are on target
to complete the first stage of our network upgrade as outlined
under section 3d in the Transfer Agreement between
Parnassus and the City of Buffalo.
February 22, 1999. A second presentation outlining our
procedures to satisfy concerned residents of the City during
the construction phases of the upgrade, along with our
communications with the City for permits, crews and vehicle
identification and where our crews are working daily. The
activation schedule presented shows the order of phases to
which sections of the City are to be activated.
July 27, 1999: The completion of activating our first section of
network connection occurred on this date. As mentioned
above there are approximately 9,038 customers connected
to our new network and growing daily. By the end of
September additional networks will be added to our Satellite
service that include Home and Garden TV (HGTV),
Telemundo, TV Food Channel and full time coverage of
Health Network. Country Music TV, C-Span 2, Entertainment
E! and Madison Square Garden (MSG).
Summary of impact the Network upgrade has had on the
residents of Buffalo: During an upgrade of the magnitude of
the City of Buffalo project there are some concerns that will
arise. We have a total of six reports of customers experiencing
concerns with the upgrade. All concerns as of this writing are
corrected. Additionally, service request increase when the
network construction requires the replacing and moving of the
network. Our normal percentage of service calls is
approximately 1.38 percent of customers we are
experiencing a 1.91 percentage during the month of August.
Once the upgrade is complete and the network stabilized,
our experience has shown a decrease of service calls to a
number lower than the normal percentage of calls.
Staffing and the operational changes made with Customer
Service and Sales Representatives over the past 12 months.
April 1998: A presentation to the members of the City Council
and officials explaining the staffing in each of the facilities
own of leased by at the time the TCl and Adelphia in the
Western New York area and our future changes, took
place. Our plans included relocating the Customer Service
Sales Representatives (CSSRs) to our Call Center location
in the Appletree Office complex in Cheektowaga. In
addition, a review of the relocation of the administration and
operational departments of Adelphia's cable division for
Eric County to the City of Buffalo facility at 355 Chicago Street
took place.
April 1999: As written in our presentation, the completion of the
relocation of the 42 CSSRs to the Call Center in the
Appletree complex took place. The relocation allows for better
training of product knowledge and supervision. The Appletree
facility is equipped with state of the art technology that
includes an advance computer network and telephone switch.
This facility can transfer telephone traffic to one of
Adelphia's three Call Centers within minutes if the Appletree
Page 29
99-1019.txt
Facility becomes inoperative. This assures that if a disaster
occurs to our Appletree facility, our customers will continue to
be serviced by one of the other Adelphia Call Centers.
May to June 1999: Staff from our West Seneca office began
relocating to our Chicago Street facility. The presentation in
April showed a staff level of 160 individuals stationed at the
Chicago Street facility. As of this writing, there are 181
individuals and growing. This growth can be contributed to
Adelphia's commitment to better service our customers in the
City of Buffalo and Western New York.
Summary of the impact our relocation of staff to our
Great Lake Call Center and Chicago Street facility has had
to the residents of the City of Buffalo: The CSSR relocation
occurred on April 1998 , the Buffalo staff jointed our Great
Lakes Call Center. The several months of coordination
prior to the relocation helped in its success. Before the
relocation, the CSSRs answered approximately 107,914
inbound telephone calls for the period of January t1sough
March of 1999, During the second quarter and when the
Buffalo staff was at the Call Center (April through June of
1999), there were 110,244 calls from the residents of
Buffalo. The speed of answer during the first quarter of this
year equaled eight second and in the second quarter that
number dropped to a tenth of a second. nie reason for this is
that the telephone switch located at our Call Center is set up
differently. It allows a reduction of the number of individuals to
be placed in queue (queue is our on hold message platform
where a call is placed if CSSRs are busy answering other
calls) then the switch at our Chicago Street facility. As you can
see, this has a positive effect on the time to which an
individual speaks to one of our CSSRs. Unfortunately, the
abandoned number increases, as you will see on the attached
Quarterly Report of Customer Service Standards. We are
in the process of increasing the number of individual calls
placed in the queue to help decrease the number of
abandoned customers.
Since the relocation of the CSSRs to the Call Center our
staff has grown to over 110 employees, In addition the ratio
of employees to supervisors has been improved. This will
allow increase coaching through monitoring communications
between our representatives and individuals calling into our
Call Center and improve the service we provide to our
customers.
In closing, I would be like to say the first year as Regional
General Manager for Eric Comity has shown to be exciting for
me, from learning the day-to-day operations in the City of
Buffalo to being a part of the telecommunications committee.
Adelphia's commitment to the City of Buffalo and the
Western New York area has just begun and we appreciate the
opportunity to serve the residents today, and tomorrow, I have
also included the First Annual Report completed by Adelphia. If
you have questions or comments,
please contact me at your earliest convenience.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 54
ADELPHIA SENIOR CITIZEN DISCOUNT
RES. #164, CCP SEPTEMBER 21, 1999
The following is a response to your letter dated September
22, 1999. At this particular time, Adelphia is working on a
senior citizen discount based on income reflected in the New
York State Real Property Tax #467. An answer should be to
Page 30
99-1019.txt
the Common Council by the end of October 1999.
Should you have any questions or concerns prior to receiving
our policy on the above issue, please do not hesitate to contact
me at 843-8090.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 55
ALLENTOWN ASSN.- REQUEST FOR SIGN
The Allentown Association has been awarded a Round
3 Neighborhood Matching Fund grant to help defray the cost
of a "Welcome to Historic Allentown" ground sign.
On 2/25/99, Chief Administrator Alice Humphrey granted
written permission to erect the sign on a portion of the Grace
Manor Health Care Facility grounds at 10 Symphony
Circle.
On 9/20/99 the Buffalo Preservation Board issued a
Certificate of Appropriateness for a 5'W x 2'10"H (overall
height 4'6") "Welcome to Historic Allentown" ground sign
south of Symphony Circle on the Wadsworth Street side of
the Grace Manor Health Care Facility. The sign is to be
surrounded by a flower bed.
Per discussion with members of the Symphony Circle
Steering Committee, it was agreed that the proposed site will
not interfere with redevelopment which has been ongoing in
Symphony Circle. The sign will be clearly visible to those
entering Allentown from the Symphony
Circle//Porter/Richmond/Nlorth Juncture and will "bookend"
one already in place at our Main/Allen community garden.
Both locations represent heavily trafficked entrances into the
Allentown community.
We therefore request your Honorable Body's authorization to
erect a sign as described above. Please be assured that we
will comply with all applicable codes and regulations.
Mrs. LoTempio moved:
That the above communication from the Allentown
Association, Inc. Dated October 2, 1999, be received and filed;
and
That the Allentown Association be, hereby authorized to erect
a sign as described in the above communication on a portion of
the Grace Manor Health Care Facility grounds at 10 Symphony
Circle.
PASSED
AYES 12 NOES-0
NO. 56
P. BATACAN- COMMENTS ON ORD. AMEND TO CITY
CODE OF THE COB CHAPTER 440 -
TELECOMMUNICATIONS
Ordinance Amendment to City Code of the City of Buffalo -
"Chapter 440 - Telecommunications"
Please find enclosed for filing with the Special Committee on
Telecommunications of the Buffalo Common Council the
comments of Telergy, Inc., on the above-referenced matter.
Included with this filing are the original and two copies of the
comments. Please acknowledge receipt of this filing with the
City's date stamp on the duplicate copy and return in the pre-
paid, self-addressed courier envelope enclosed for this purpose.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 57
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BUFFALO NEIGHBORHOOD NETWORK
CHANGE IN BYLAWS
At the September 24, 1999 meeting the BNN Board of
Directors voted to amend the Treasurer
BvIaws to allow BNN to have a full time Executive Director. As
a result Robbie Butler will be expanding her hours to full time
as of IOM /99. Our organization is about to enter another phase
of its continuing media access to Buffalo residents with our
equipment upgrades. As we broaden the services we offer. we
strongly believe that BNN needs a full time
Executive Director.
Our board has approved a revised FY 1999/2000 operations
budget which incorporates the necessary budget changes to
make our Executive Director full time. When you review this
Robbie Butler revised budget please also be aware that we
have changed the salaries for the Technical
And Administrative Assistant to allow for the possibility
of a raise in the near future. Any questions or feedback
regarding this budget may be Forwarded to Ms. Butler.
As alwavs the Board looks forward to working with your office
to make BNN Channel 18 as a resource in Buffalo
REFERRED TO THE SPECIAL ON
TELECOMMUNICATIONS
NO. 58
BUFFALO NEIGHBORHOOD NETWORK RESPONSE TO
NOTIFICATION
I would like to respond to the notification we received
regarding Resolution #175. Rasheed N,C. Wyatt
First let me emphasize that the board could not agree with you
more concerning the Iris Kirkwood Contributions of long time
producers to public access television. Many of these
experienced Producers have provided programming even
through the hard times public access has experienced in
Buffalo. We are taking steps to insure that they continue to play
a very Staff active role in Channel 18.
Over the past several months our outreach efforts have
resulted in the certification of 200 Dwaine Terry producers who
are ready to make their contribution to public access. Our goal
as the Technical Director designated operator of public access
cable television is to include each district and as many voices
from our community as possible. This agenda involves malting
BNN's resources available on an equitable first come first serve
basis. We must provide a fair and evenly distributed array
of services to all who request them. No one person or special
group can have special consideration. Playback Staff
The BNN Policy and Procedures Manual, which is the result
of research and feedback from Greg Burke Producers and
other public access operations across the country, puts
efficiency and Carol Manson fairness in BNN's implementation
of public access services. Interns/Volunteers Our
bylaws clearly outline the process by which directors are
assigned to our board. These materials were included with the
presentation of our service agreement. Directors are to be
nominated by the initial board. Therefore, the Executive
Director, Robbie Butler, cannot establish a seat on the board as
requested by Res. 175. Our board is currently carrying out
board development activities.
During the negotiation process for BNN's service agreement
with the City, the Office Of Telecommunications requested
provisions in our bylaws that allow for our board to have a
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Common Council and a mayoral appointee. I have contacted
both the mayor and yourself regarding these appointments. At
the present time our board of directors has seven members,
one of which is a long time public access producer.
As we continue to broaden our outreach and services we look
forward to an open line of communication with your office, the
Council. The Office of Telecommunications and most
importantly our public access producers. As a staunch advocate
of public access in our city I know that your goals and BNN's
are very much in line. Thank you for your role in providing our
city with a valuable for I am for free speech.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 59
B. BROWN LOSS OF UNCOLLECTED REVENUE DUNN
TIRE PARK BUFFALO
We are writing you regarding the reported loss of uncollected
revenue at Dunn Tire Park. According to a recent article in The
Buffalo News, the City of Buffalo taxpayers were shortchanged
more than $500,000 because of this oversight.
Some contend that the loss of revenues stems from a poorly
negotiated lease, while others suggest that a combination of a
poor lease and inadequate revenue collection policies are the
reasons for the current financial strife. It is essential that as
Comptroller, the chief fiscal officer of our city, that you provide
this Common Council with an audit report detailing the current
financial status of Dunn Tire Park and its impact on the City's
finances. Should the reported loss of revenue be accurate,
the City of Buffalo taxpayers have been shortchanged.
These moneys Could have benefited the citizens by providing
them with dollars for senior or youth services, or a further
reduction in their garbage user fee -- $500,000 can go a long
way in helping to turn around an economically depressed city.
In recent years, this Common Council has transferred the
Convention Center to the County government because of
financial troubles. Now, the Convention Center is stable and
looking to expand. Why is it that when City facilities undergo
financial problems, those same facilities, when turned over to
the County for operation, become revenue generators?
This is why we ask you:
What is the role of the Comptroller of Buffalo in projecting
revenues from the current lease at Dunn Tire Park?
What is the role of your office in ensuring the collection of
revenues from City facilities?
Did your office conduct an audit of Dunn Tire Park to
determine the feasibility of continued funding for this facility?
If so, did your office file the audit report with the Common
Council?
In the best interest of our City and our taxpaying residents, a
swift response to this letter is necessary. If you have any
questions or need clarification of our request, please feel free to
call either of us.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMPTROLLER AND THE CORPORATION COUNSEL
NO. 60
D. DILLON –PROPOSED DEV. JUST PIZZA BY WALNUT
PARTNERS AND ECKERD DRUGS SENECA/CAZENOVIA
Please be advised that I represent Just Pizza, Inc., Mark
Campanella, Pres., in regard to its tenancy at 2189 Seneca
Street, Buffalo, New York 14221, which is situate at the
corner of Seneca Street.
Page 33
99-1019.txt
I understand that representatives of Walnut Capital Partners,
Inc. have recently appeared before Common Council
members regarding its attempted development of the
above- referenced site for use by Eckerd Drugs, stating that the
properties in question are under contract for purchase and free
of any tenancies posing any impediment to such development.
My client also appeared and advised those present, altogether
contrary to Walnut's statements, that:
1 .His existing tenancy runs through December 31, 2000;
2. He has two 5 year options to renew, the first of which he
exercised in writing on or about June 29, 1999, extending his
tenancy through December 31, 2005; and,
3. He has a contractual right of first refusal to purchase the
premises from the landlord, the terms of which he has recently
attempted to exercise.
This letter will serve to confirm to the City of Buffalo that,
pursuant to its written lease,
Just Pizza, Inc. expects to maintain its tenancy at 2189 Seneca
Street through December 31, 2005, and is presently attempting
to exercise its right of first refusal to purchase the premises, all
contrary to the interests of any party representing otherwise to
any City official.
Furthermore, Walnut Capital Partners, Inc. has been on notice
of these terms and issues since September 1, 1999 (See
enclosed certified mail of Daniel H. Dillon, Esq. to Walnut
Capital Partners, Inc. dated August 24, 1999, and delivery
receipt dated September 1, 1999). And, the owner/landlord of
the premises, and its attorneys, has likewise been so notified.
Should you, or any other City official, require anything further in
this regard, please do not hesitate to contact me immediately.
Received and Filed
NO. 61
HAMLIN PARK COMMUNITY & TAXPAYER ASSOC REG 78
OAKGROVE
The Hamlin Park Community & Taxpayers Association
membership, Meeting on October 7, 1999 gave Mr.and Mrs.
Tyler approval for a Laundromat, And coffee shop with take-out
status at 78 Oakgrove, Buffalo, NY 14208 with The
understanding that they will become the new owners of this
building.
RECEIVED AND FILED
NO. 62
INFO-CORRECTION OF TITLE-LOCAL 97
IBEW Local 910 as being employees of Niagara
Mohawk. The only organization under contract with Niagara
Mohawk is IBEW Local 97.
While we are confident that this was not a deliberate
misrepresentation, we would appreciate an "on the record"
correction.
Sincerely,
Russell F. Freund, Jr.
Assistant Business Manager
IBEW Local 97, Western Division
RECEIVED AND FILED
NO. 63
TRAFFIC LIGHT-SENECA/MILTON
I am filing this on behalf of
Ms. Sharon Forant
86 Troupe Street #86
Page 34
99-1019.txt
Buffalo, New York 14220
Ms. Forant is requesting a traffic light at the comer of Seneca
Street and Milton Street. There is concern for the safety of
people who are attempting to cross the street during heavy
traffic times.
REFERRED TO THE COMMITTEE ON LEGISIATION AND
THE COMMISSIONER OF PUBLIC WORKS
PETITIONS
NO. 64
J. KRYSZAK, AGENT, USE 1707 HERTEL FOR POLE SIGN.
REFERRED TO COMMITTEE ON LEGISLATION, THE CITY
PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY DEVELOPMENT.
REGULAR COMMIFTEES
CLAIMS COMMITTEE
HON. ROBERT QUINTANA
CHAIRMAN
NO. 65
CLAIMS COMMITTEE REPORT
COMPROMISE AND SETTLEMENT OF
ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel,
the following actions for personal injury arising out of alleged
negligence on the part of the City, be compromised and settled:
*1 .Carolyn Chambers$1,000.00
*2.Irene Chapman$50,000.00
*3.Dennis J. Fay and Sharon A. Fay $10,000.00
*4.Debrina Harris, Administratrix of the Estate of
Anthony Williams,deceased and as M/N/G of Shiheda Jana
Williams an Infant $350,000.00
*5.Gus and Lessie Harris$ 15,000.00
*6.Kevin D. Melvin$4,000.00
*7.David Powell$30,000,00
*8.Antoine Walker$16,000.00
Willie Walker III$16,000.00
Julio Santiago$33,000,00
*9.Denece Watson P/N/G of Joe Willie Watson Jr., an
Infant $ 2,000.00
* 10.Tamara J. Williams$37,000.00
Ernestine Wagstaff$2,893.05
Charlotte Samuel$1,223.21
George Harden$ 1,977.07
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and their
attorneys, if any, hereinabove named, in the amounts set
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and
closing papers. Recommended by the Committee on Claims
PASSED
AYES -12 NOES - 0
NO. 66
PROPERTY DAMAGE
That upon the recommendation of the Corporation
Page 35
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Counsel, and the appropriate City Department, the following
actions and claims for damage to property caused by alleged
negligence on the part of the City be compromised and settled:
B1 Melvin Calhoun, 222 Hewitt, Buffalo New York 14215
Claim for damage to a 1985 Chevrolet Monte Carlo vehicle that
was wrongfully towed to the City Impound Garage.
$ 880.16
B2. Mattie Cook, 214 East Ferry Street, Buffalo New York
14208
Claim for damage to a 1995 Mercury Sable which occurred
while it was at the Dart Street Impound Garage.$128.84
B3. Joseph M. Krebs, I I Stratford, Buffalo New York 14216
This claim was tabled at the Claims Committee meeting of April
22, 1999 and the meeting of July 21, 1999. It is a claim for
reimbursement for a 1982 Buick Regal. On July 20, 1998, two
police officers impounded the vehicle for no registration and no
insurance. The two officers were relatively new to the force and
drove the vehicle to the Tonawanda Street Impound Garage
and left it there outside the gate with the keys inside. The
vehicle was subsequently stolen. $ 1,450.00
B4. Richard C. McKay, 108 Pomona Place, Buffalo New
York 14210
Claim for a broken windshield on claimant's 1992 Buick
Roadmaster when a branch broke off the tree in front of 113
Pomona and fell on the vehicle. $ 210.01
B5. O'Connell, Lucas & Chelf, Inc. and Bernard J. Huber This
is a claim for damage to premises at 3240 Main Street resulting
from the construction of the University Heights Community
Center. $ 85,000.00
B 6.Thomas J. Sullivan, 187 Tuscarora Road, Buffalo
New York 14220
Claim for damage to a 1987 Ford pickup truck in front of 187
Tuscarora Road. A large branch from a City owned tree fell on
top of the vehicle putting a hole in the cab. $ 221.40
B 7.Lawrence A. Ventola, 37 Duluth Street, Buffalo New
York 14216
Claim for damage to a pair of eyeglasses. Mr. Ventola, an
employee of the Division of Buildings was working on the freight
elevator in City Hall when his glasses fell to the floor and were
crushed by the elevator door. $ 247.00
B8. Tara B. Watkins, 57 Comstock Avenue Buffalo New York
14215
Claim for a cellular phone which was lost or misplaced at
Precinct #11. Officers were involved in a domestic situation
which resulted in the Police confiscating the phone. When Ms.
Watkins went to the station they could not locate the phone.
$ 400.00
B9. Rosemary Whitney, 274 Baraga Street, Buffalo New
York 14220
Claim for a tire that was damaged by metal protruding from
the curb at 113 McKinley Parkway. $ 44.77
B 10. Delores Witt, 227Stockbridge, Buffalo NewYork 14215
Claim for damage to a 1997 Ford Taurus. Ms. Witt parked
her vehicle at a meter at 255 Pearl Street. The meter, which
was installed over vaults in the sidewalk, fell over against the
vehicle causing damage. $ 400.03
That checks be drawn on the account of 81-2 General
City Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and their
attorneys, if any, hereinabove named, in the amounts set
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where
such releases are indicated.
Page 36
99-1019.txt
PASSED
AYES -12 NOES - 0
NO. 67
MISCELLANEOUS INSURANCE
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
C1. John J. Lynch, 334 Taunton Place, Buffalo New York
14216
Claim for spousal coverage under the City of Buffalo Group
Life Insurance Policy. Mr. Lynch and his late wife, Kaaren
Luparello Lynch, were both City employees at the time of Mrs.
Lynch's death on September 24, 1999. Mr. Lynch is entitled to
the spousal coverage.$ 4,000.00
C2. Sandra Serafini, 155 Mildred, Cheektowaga New York
14225
Claim for life insurance proceeds for Firefighter Phillip Serafini
who was out injured on duty at the time of his death on July 24,
1999. Mr. Serafini was entitled to life insurance coverage under
his Union Local #282 contract.$ 25,000.00
That checks be drawn on the account of 81-2 General
City Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their attorneys, if
any, in the amount set opposite their names, respectively, and
delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such
releases are indicated.
PASSED
AYES-12, NOES-0
NO. 68
MISCELLANEOUS INVOICE
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
D1 Adelphia Business Solutions
Claim for payment of prior fiscal year Invoice #1005730463 for
services rendered to the City Clerk's Office.$ 419.06
D2. Advance Security, Inc.
Claim for payment of prior fiscal year invoice #375511 for
services to the Department of Street Sanitation for guard
service from 5-28-99 thru 6-3-99. $ 732.59
D3 . Batavia Legal Printing, Inc.
Claim for payment of prior fiscal year Invoice #1094 for services
rendered to the Department of Law on 4-24-99.
$402.01
D4. Thomas H. Burton, Attorney at Law
Claim for payment of a prior fiscal year invoice for services
rendered to the Department of Law for January through May
1999. $ 2,692.25
D5. Connors & Vilardo
Claim for payment of a prior fiscal year invoice, Bill number:
005360-00003-006VED for services rendered to the
Department of Law from March through May 1999.
$ 16,175.03
D6. Continental Transmission
Claim for payment of prior fiscal year Invoice #27130 for
services rendered to the Department of Public Works on
2-3-99. $ 500.00
D7 Damon & Morey
Claim for payment of a prior fiscal year invoice for services
rendered to the Department of Law in April - June 1998.
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$ 6,240.71
D8. D & W Diesel and Electric, Inc.
Claim for payment of prior fiscal year Invoice #677268 for
services rendered to the Fire Department on 3-15-99.
$ 204.61
D9. FM Communications
Claim for payment of prior fiscal year Invoice #18010 of 2-15-99
and #205560 of 5-4-99 for services rendered to the Department
of Street Sanitation. $ 884.50
D. 10 Hurwitz & Fine
Claim for payment of prior fiscal year Invoice #71227 for
services rendered to the Department of Law from December
1998 through January 11, 1999. $469.91
D. 11.Kane-Doyle Jeep Giant
Claim for payment of prior fiscal year Invoice #3422 for services
rendered to the Police Department on 5-6-99.
$ 77.45
D 12. Morton Salt
Claim for payment of prior fiscal year Invoice #335963 of
6-29-99 for services rendered to the Department of Street
Sanitation. This invoice is to cover a mistake on the original
Invoice #298884 of 4-27-99 that billed load #2 as 5,000 and it
should have been 55,000.
D 13. Phillips, Lytle, Hitchcock, Blaine & Huber
Claim for payment of prior fiscal year Invoice #271869 for
services rendered to the Department of Law for May 1999.
$ 1,331.06
D4.Roach, Brown, McCarthy & Gruber
claim for payment of a prior fiscal year Invoice, Account
#89225 1 -OOM for services rendered to the Department of
Law for March 1999. $ 1,619.00
D 15. Washing Equipment Technologies, Inc.
Claim for payment of prior fiscal year Invoice #8401 for services
rendered to the Police Department on 2-18-99.
$ 75.00
D. 16.West Information Group
Claim for payment of a prior fiscal year invoice, Account
#908-612-914 for services rendered to the Department of Law
for purchases made in April and May 1999. $1,692.20
That checks be drawn on the account of 81-2 General
City Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their attorneys, if
any, in the amount set opposite their names, respectively, and
delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such
releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 69
NFISCELLANEOUS CONTRACT
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
E1 Richard Hutchens
This is a breach of contract claim for failure to pay rents under
the federal Section 8 housing subsidy program issued to the
City of Buffalo and administered by the Housing Council of the
Niagara Frontier ("HCNF").
That checks be drawn on the account of 81-2 General
City Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their attorneys, if
any, in the amount set opposite their names, respectively, and
Page 38
99-1019.txt
delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such
releases are indicated.
PASSED
AYES -12 NOES – 0
NO. 70
MIISCELLANEOUS REFUND/REIMBURSEMENT
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
F1 C.I.D. Refuse Service, Inc.
Claim for reimbursement for a lost meter charge which the
City charged the claimant for placing a dumpster at 69
Delaware Avenue. Investigation by the Division of Engineering
found that the dumpster did not prevent a vehicle from parking
at the meter.
That checks be drawn on the account of 81-2 General
City Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their attorneys, if
any, in the amount set opposite their names, respectively, and
delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such
releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 71
REPORT TO THE CLAIMS COMMITTEE
G 1. Timothy G. Borkowski, 64 Hammerschmidt
Avenue, Buffalo New York 14210
This claim was tabled at the Claims Committee Meeting of
7-21-99 and is being placed on the Agenda fo discussion at the
request of Councilmember Manley.
A watermain burst on November 6, 1998 at the corner of
Seneca and Hammerschmidt. As a result of the break Mr.
Borkowski experienced problems with basement flooding and
his driveway buckling due to the accumulation of water around
his home.
This claim was sent to American Anglian and their insurance
carrier, Travelers Insurance Company for handling.
Mr. Quintana moved:
The approval of the claim of Timothy G. Borkowski in the
amount of $1857.50
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claim Prior Years,
payable to the respective claimants and plaintiffs and their
attorneys, if any, hereinabove named in the amounts set
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED
AYES-12, NOES-0
NO. 72
REPORTS TO THE CLAIMS COMMITTEE
G 2. Victor R. Brown, Jr., 50 Wright Avenue, Buffalo
New York 14215.
This claim is being placed on the Agenda for discussion at the
request of Councilmember Fontana. M Brown, a Firefighter,
was off on disability and when he returned on 1-5-99 he
discovered that h eyeglasses were missing from his locker at
the firehouse at 2025 Bailey Avenue.. He claims ($275)
Page 39
99-1019.txt
reimbursement costs but we have not received an estimate or
receipt for this amount. The Department of Law has denied his
claim based on Article 16-8 of the City Code. "No claim shall be
paid if the damage is caused by negligence or fault on the part
of the claimant or if the persona I property so damage was out
of the immediate custody or control of the claimant at the time
of the occurrence of the damage or had mysteriously
disappeared or had been stolen.
Mr: Quintana moved:
The approval of the claim of Victor R. Brown Jr. in the amount
of $275.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claiff. Prior Years,
payable to the respective claimants and plaintiffs and their
attorneys, if any, hereinabove name( in the amounts set
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED
AYES -12 NOES - 0
NO. 73
G 3. CAROL E. CIALONE, 38 NORRIS STREET, BUFFALO
NEW YORK 14207
This claim is being placed on the Agenda for discussion at the
request of Councilmember Zuchlewski Ms. Cialone claims she
hit a pothole and debris in the street on Military Road
underneath the viaduct between Hertel and Lancing Streets.
There was no notice with the City Clerk regarding a hazardous
condition existing in that area. As for the debris in the road, the
Division of Water had contracted Depew Development for a
project which ran from August through December of last: year.
The site was ultimately approved following completion of the job
per Paul Garies. A repair bill in the amount o ($291.54) has
been submitted.
Mr. Quintana moved:
The approval of the claim of Carol E. Cialone in the amount of
$291.54
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claim Prior Years,
payable to the respective claimants and plaintiffs and their
attorneys, if any, hereinabove named in the amounts set
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED
AYES -12 NOES - 0
NO. 74
REPORT TO THE CLAIMS COMMITTEE
G 4. Community Action Information Center, by Rosa
Gibson, 103 Wohlers, Buffalo New York 14208
The claim is for the destruction of flower and vegetable bins
at 87 Wohlers, a City owned vacant lot. The claim is that CAIC
was not notified that this lot was being sold and were not able to
move supplies. $750.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their attorneys, if
any, in the amount set opposite their names, respectively, and
delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such
Page 40
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releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 75
REPORT TO THE CLAIMS COMMITTEE
G 5. Edward deGrasse, 19 Crowley Avenue, Buffalo
New York 14207
This claim is being placed on the Agenda for discussion at the
request of Councilm.ember Zuchlewski. On 6-3-99 a foul ball
from the hardball baseball diamond at Riverside Park hit and
damaged the hood of Mr. DeGrasse's 1998 Ford Taurus which
was parked in his driveway at 19 Crowley Avenue. There are
two estimates in the file in the amount of $304.27 and $317.09.
The Department of Law has sent this claim to the insurance
company for the league, TIG Insurance Company, K & K.
Insurance Group Inc., Fort Wayne Indiana, which covers the
City as an additional insured on their policy.
Mr. Quintana moved:
That The approval of the claim of Edward deGrasse in the
amount of $304.27
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and plaintiffs and
their attorneys, if any, hereinabove named, in the amounts set
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED
AYES -12 NOES - 0
NO. 76
REPORTS TO THE CLAIMS COMMITTEE
G 6. Monet Hudson, 391 Doat Street, Buffalo New
York 14211
This claim was tabled at the Claims Committee Meeting of
July 21, 1999 and is being placed on the Agenda for discussion.
On January 16, 1999, the Narcotics Division raided the house at
268 Jewett. The raid was based on a Court ordered search
warrant signed by Judge Amodeo. The house had been
previously raided on January 10, 1999 and drugs were found
and arrests were made. The Police Department did not know
that the tenants or targets had moved out only a few days prior.
Ms. Hudson has requested ($250) for the cost of a new entry
door frame.
Below are answers to questions posed at the last Claims
Committee Meeting. Ms. Hudson received a form letter from
Narcotics telling her to evict the tenants. The house has
previously been raided by the Buffalo Police Department
Narcotics Division on:
1- 16-97 marihuana and pills found 2-18-97 marihuana found
4-12-97 marihuana found 7-2-97 marihuana and cocaine found
11-14-98 marihuana found
The Corporation Counsel recommends denial of this claim.
That the above item be, and the same hereby is, Denied.
ADOPTED
NO. 77
REPORTS TO THE CLAIMS COMMITTEE
G7. Brandy Matuszewski, 146 Ideal Street, Buffalo
New York 14206
Claim for a large branch from a City tree that fell on the
vehicle that was parked at 141 Ideal Street breaking the
Page 41
99-1019.txt
windshield. The Department of Law cannot find a hazardous
condition listing in the City Clerk's Office. The Forestry
Department informs us that they have no previous complaint
regarding this tree. There are two estimates in the file in the
amount of $241.43 and $519,42.
D8. John Miceli, 4 10 Massachusetts Street, Buffalo New
York 14213
On 5-15-99 Mr. Miceli had personal property stolen out of his
City vehicle at Porter Avenue and Jersey Street. He is claiming
$287 in cash, a SONY walkman, driver's license and personal
cards. His total claim is in the amount of
$317.00
The Department of Law has denied his claim based on Article
16-8 of the City Code. "No claim shall be paid if the damage is
caused by negligence or fault on the part of the claimant or if
the personal property so damaged was out of the immediate
custody or control of the claimant at the time of the occurrence
of the damage or had mysteriously disappeared or had been
stolen." The Corporation Counsel recornmends denial of this
claim.
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their attorneys, if
any, in the amount set opposite their names, respectively, and
delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such
releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 78
REPORT TO THE CLAIMS COMMITTEE
G 9. Thomas G. Smeeding, 149 Chatham Avenue,
Buffalo New York 14216
This claim is being placed on the Agenda for
discussion at the request of Councilmember Zuchlewski. The
claim is for a (55 gallon) container which he claims was taken
by the Department of Street Sanitation workers when they
picked up the trash on 6-1-99. The Department of Law has
denied this claim based on the City Ordinance which states that
containers shall not exceed ('30 gallon) capacity. Mr.
Smeeding's claim is in the amount of ($136).
Mr. Quitana Moved:
The approval of the claim of Thomas G. Smeeding in the
amount of $136.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and plaintiffs and
their attorneys, if any, hereinabove named, in the amounts set
opposite their names and delivered to them upon execution
and delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED
AYES -12 NOES - 0
CIVIL SERVICE
BEVERLY GRAY CHAIRMAN
NO. 79
APPOINTMENTS
SYSTEMS ANALYST (MAX) (COMPT)
(ITEM NO. 10 -C. C. P. OCT. 5, 1999)
That Communication 10, Oct. 5, 1999 be received and filed
Page 42
99-1019.txt
and the permanent appointments of Kenneth Barnes and
Michael Kujawski stated above at the maximum salary of
$44,878 effective on September 20, 1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. NO. 80
APPOINTMENT
APPT -SYSTEM ANALYST.(INTER)(COMPT)
(ITEM NO. 11 -C.C.P. OCTOBER 5, 1999)
That Communication 11, October 5, 1999 be received and
filed and the Permanent appointment of Paul Bonvissuto at the
Intermediate salary of $ 43,152.00 effective on September 20,
1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 81
APPOINTMENT
APPT.-ASST. ENGR,.(INTER)(PW)
(ITEM NO. 38-C.C.P. OCTOBER 5, 1999)
That Communication 38, October 5, 1999 be received and
filed and the Provisional appointment of Joseph Poltorak at the
Intermediate salary of $ 38,154.00 effective on September 27,
1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 82
APPOINTMENTS
CHIEF BLDG. INSPECTOR .(INTER)(CD)
(ITEM NO. 54-C.C.P. OCTOBER 5, 1999)
That Communication 54, October 5, 1999 be received and
filed and the Temporary appointments of William Leisck and
Louis Petrucci at the Intermediate salary of $ 44, 086.00
effective on October 4, 1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 83
APPOINTMENT
EXTERMINATOR . (MAX)(STS)
(ITEM NO. 57-C.C.P. OCTOBER 5, 1999)
That Communication 57, October 5, 1999 be received and
filed and the Permanent appointment of Thomas Hudak at the
Maximum salary of $ 26,43 1.00 effective on August 18, 1998 is
hereby approved.
PASSED
AYES -12 NOES - 0
NO. 84
APPOINTMENT
FORESTRY CREW SUPV.(MAX)(HSPR)
(ITEM NO. 59-C.C.P. OCTOBER 5, 1999)
That Communication 59, October 5, 1999 be received and
filed and the Permanent appointment of Robert Kot at the
Maximum salary of $ 28,425.00 effective on October 1, 19998
is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 85
NOTICES OF APPTS.-TEMP./PROV./PERM. (CC)
Page 43
99-1019.txt
(CCP#72-OCT. 5, 1999)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 86
SALARY ORDINANCE AMENDMENT
32-DEPARTMENT OF PUBLIC WORKS
1095-DIVISION OF BUILDINGS
PLAN & DESIGN OF PUBLIC BUILDINGS
(ITEM NO. 162, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation,
Ms.Gray now moved that the above item be recommitted to
the Committee on Civil Service.
ADOPTED.
NO. 87
SALARY ORDINANCE AMENDMENT
21 -DEPARTMENT OF FIRE
1035-DIVISION OF ALARM & TELEGRAPH
(ITEM NO. 163, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Ms.Gray moved that the above item be recommitted to the
Committee on Civil Service.
ADOPTED.
NO. 88
SALARY ORDINANCE AMENDMENT
46-DEPARTMENT OF HUMAN SERVICES, PARKS &
RECREATION 1026-DIVISION FOR YOUTH
YOUTH COURT ADMINISTRATION
(ITEM NO. 164, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Ms. Gray Moved:
That the Salary Ordinance Amendment as contained in Item
No. 164, C.C.P October 5, 1999, be and the same hereby is
approved.
PASSED
AYES -12 NOES - 0
NO. 89
SALARY ORDINANCE AMENDMENT
20-DEPARTMENT OF POLICE
POLICE ADMINISTRATION
1101 -DIVISION OF DETECTIVE BUREAU
(ITEM NO. 165, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Ms. Gray moved:
That the Salary Ordinance Amendment as contained
in Item No. 165, C.C.P., October 5, 1999, be and the same
hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 90
SALARY ORDINANCE AMENDMENT
32-DEPARTMENT OF PUBLIC WORKS
1534-DIVISION OF MIT & DEMOLITIONS
(ITEM NO. 166, C.C.P., OCT. 5, 1999)
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That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Ms.Gray moved that the above item be recommitted to the
Committee on Civil Service.
ADOPTED.
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 91
RESULTS OF NEGOTIATIONS - 57 PARKRIDGE AVENUE
(ITEM NO. 50, C.C.P., OCT. 5, 1999)
That the offer from Mr. Lawrence M. Wright, residing at 61
Parkridge Avenue, in the sum of One Thousand Dollars
($1,000.00) for the sale of 57 Parkridge Avenue, be and is
hereby accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; 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 offer was submitted,
PASSED
AYES -12 NOES - 0
NO. 92
EST. JEFFERSON AVE. -VENDORS ROW
(LAST RESOLVE ONLY)
(RES. 142 C.C.P. SEPT. 7)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 93
RESULT OF NEGOTIATIONS - ABANDONMENT AND SALE
OF PORTION OF RAILROAD STREET 262' X 50'
(ITEM NO. 9, C.C.P., OCT. 5, 1999)
That the City of Buffalo does hereby abandon a portion of
Railroad Street (262' x 50') and authorizes the City to sell such
property pursuant to Article 21, Section 390 and Article 27,
Section 513 and 514 of the Charter of the City of Buffalo; and
That the offer from 567 Exchange Street, Inc., in the sum of
Three Thousand Seven Hundred and Fifty Dollars ($3,750.00)
for the purchase of a portion of Railroad Street 262' x 50', be
and hereby is accepted; 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. 94
PERMISSION TO SUB-LEASE UNIVERSITY HEIGHTS
COMMUNITY CENTER
(ITEM NO. 35, C.C.P., OCT. 5, 1999)
That the Commissioner of Public Works be, and he hereby is
authorized to grant permission to the University Heights
Community Development Association, Inc., to sublease space
in the Gloria J. Parks Community Center to the Buffalo Board of
Education.
PASSED
AYES-12, NOES-0
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NO. 95
EXTENSION OF VALLEY LEASE AGREEMENT
(ITEM NO. 157, C.C.P., OCT. 5, 1999)
That the Common Council hereby grant permission for the
Director of Real Estate to enter into a lease agreement with the
Valley Community Association for a period of five (5) years with
an optional five (5) year lease extension.
PASSED
AYES -12 NOES - 0
LEGISLATION
(ALFRED COPPOLA, CHAIRMAN)
NO. 96
KATHLEEN TYLER, PETITION TO USE 78 OAKGROVE -
TAKE-OUT RESTAURANT/FOODS/LAUNDROMAT
(ITEM NO. 79, C.C.P., OCT. 5, 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 October 12, 1999, the petition of Kathleen Tyler,
agent, for permission to use 78 Oakgrove for a take-out
restaurant/foods and laundromat be, and hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 97
RON BROZICH, PETITION TO USE 1502 NIAGARA STREET
- ANTENNA PLACEMENT
(ITEM NO. 80, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
MR. Coppola moved:
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 98
SEAN HOPKINS, AGENT, REZONE - 189 CAZENOVIA
STREET
(ITEM NO. 84, C.C.P., SEPT. 21, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola Moved:
That the Common Council of the City of Buffalo does hereby
ordain as follows:
That that part of the Zoning Ordinances of the City of Buffalo,
Section 511-126 of Article XXV of Chapter 511 as it relates to
the use map thereof be amended to show a "C-M" Commercial
District rather than a "R-2" Residential District for the premises
known as 189 Cazenovia Street and more particularly
described as follows:
Suggested Description, Job No. 99003, Proposed Rezone (R-2
to CM), September 14, 1999, Proposed Eckerd Drugs Seneca
at Cazenovia
ALL THAT TRACT OR PARCEL OF LAND situate in the City of
Buffalo, County of Erie, State of New York, being part of Lot
45, Township 10, Range 7 of the Buffalo Creek Reservation
bounded and described as follows:
Beginning at a point in the southeasterly boundary of Cazenovia
Street, distant 275.49 feet (measured along the southeasterly
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boundary of Cazenovia Street) from its intersection with the
southwesterly boundary of Seneca Street,
THENCE S-590-00'-00"-E, a distance of 165.52 feet to a point;
THENCE S-490 23' 41"-W, a distance of 34.26 feet to a point;
THENCE N-590-00'-00"-W, a distance of 154.71 feet to a point
in the southeasterly boundary of Cazenovia Street;
THENCE N-31-0-00'-00"-E, along the southeasterly boundary
of Cazenovia Street, a distance of 32.51 feet to the point or
place of beginning containing 0. 12± acres be the same more or
less.
This rezoning shall be effective providing the following
conditions are met:
That this rezoning shall not be effective unless and until a
certified copy thereof has been filed by the petitioner in the
offices of the Erie County Clerk's Office and proof of such filing
is submitted to the City Clerk's Office.
That this Common Council finds this action to be an Unlisted
Action under the S.E,Q.R. Act and adopts petitioner's findings
such that no further environmental review is required under said
Act.
That the petitioner cooperate with the City Planning staff to
work on the Site Plan.
It is hereby certified, pursuant to Section 34 of the Charter that
the immediate passage of the foregoing ordinance is
necessary.
Approved as to form
Michael B. Risman
Corporation Counsel
PASSED
AYES -12 NOES - 0
NO. 99
BETTER COORD OF CITY
INFRASTRUCTURE PROJECTS
(RES 134 CCP DEC. 1, 1998)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 100
RESP. INCREASED NOTIFICATION REGARDING
HEARINGS
(COM 63 APR. 6, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 101
INCREASE NOTIFICATION
REQ. FOR HEARINGS (ZNG. BD)
(COM. 14 CCP JULY 27, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 102
NOTIFICATION REQ. FOR ZONING/RESTRICTED
USE PERMITS
(COM. 92 CCP JULY 27, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 103
RESP. -COUNCILMEMBER ZUEHLEWSKI-HRG.
NOT DISTANCE REQ.(PLAN. BD)
(COM. 3 CCP APR. 20,1999)
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That the above mentioned item is hereby received and filed,
ADOPTED
NO. 104
RE-APPOINTMENT MEMBERS TO THE BUFFALO WATER
BOARD
(ITEM NO. 3, C.C.P., SEPT, 7, 1999)
That the re-appointment of James B. Milroy, residing at 155
Massachusetts Avenue, and Charles L. McGriff, residing at 117
Lexington Avenue, as members of the Buffalo Water Board for
terms expiring December 31, 2001 be, and hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 105
APPOINTMENT MEMBER TO THE BUFFALO MUNICIPAL
WATER FINANCE AUTHORITY
(ITEM NO. 1, C.C.P., SEPT. 21, 1999)
That the appointment of Anthony B. Martino, residing at 280
Rivermist, as a member of the Buffalo Municipal Water Finance
Authority for a term commencing immediately and expiring
December 31, 2001 be, and hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 106
REVIEW OF NOMINEE APPT. BFIO. MUNI. WATER FIN.
AUTH. (LAW) (COM. 41 OCT 5, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 107
REVIEW OF NOMINEE APPT. BMHA (LAW)
(COM. 42 OCT 5, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 108
DESIGNATION FOR RE-APPOINTMENT TO THE BOARD
OF TRUSTEES OF THE BUFFALO
AND ERIE COUNTY LIBRARY
(ITEM NO. 1, C.C.P., OCT. 5, 1999)
That the designation of nominees of David F. Granville, residing
at 9 Cottage Street, and Thomas Errol Gleed, residing at 204
West Tupper Street, to the Board of Trustees of the Buffalo and
Erie County Library for terms expiring December 31, 2004 be,
and hereby is approved; and That the designation of Phyllis
Horton, residing at Watergate Apt. - 1001, 10 Hertel Avenue be
tabled in the Committee on Legislation.
ADOPTED
NO. 109
NIAGARA STREET - ENCROACH STEEL CONDUIT
(ITEM NO. 29, C.C.P., SEPT. 7, 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. 110
18 ABBOTT ROAD - ENCROACH WOODEN
ENTRANCEWAY
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(ITEM NO. 33, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola Moved:
That the Commissioner of Public Works be, and he hereby is
authorized to issue a “mere license" to Mr. Terry Grandy, owner
of the property located at 18 Abbott Road, to install a wooden
entranceway, which would encroach city right-of-way at said
address, subject to the following conditions:
1. That the applicant obtains a building permit and any and all
other City permits necessary for said installation.
2. That the entranceway be installed exactly as shown on
plans submitted to and approved by the Department of Public
Works, Division of Buildings.
3. That the applicant be responsible for maintenance of said
entranceway, including snow removal, as long as it remains
within City right-of-way.
4. That the applicant supply the City with a five thousand
dollar ($5,000.00) construction in street bond or certificate of
insurance, which will indemnify and save harmless the City
against any and all loss or damage arising out of the
construction, maintenance, use and removal of said sidewalk
entranceway.
PASSED
AYES -12 NOES - 0
NO. 111
R. FRANKE DORCHESTER RD. WEST ASSOC. PRES.
UPGRADES/METER RELOC. NAT. FUEL
(COM I 10 CCP JULY 27, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 112
R. POOLE-NATI. FUEL DORCHESTER RD.
(NO. 115 CCP SEPT. 7, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 113
RESTAURANT DANCING CLASS IV - 561 FOREST
AVENUE
(ITEM NO. 78, C.C.P., SEPT. 7, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola Moved:
That pursuant to Chapter 150 of the City Code, the Director
of Inspections, Licenses and Permits be, and he hereby is
authorized to grant a Restaurant Dancing Class IV License to
John E. Chmarney, d/b/a Baja located at 561 Forest Avenue.
PASSED
AYES -12 NOES - 0
NO. 114
J. GAMMARA -POTENTIAL CATASTROPHIC HAZARD
-SENECA ST.
(NO. 75 CCP SEPT. 21, 1999)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 115
K. WILLIAMS-TYLER-REQUEST REZONING-78
OAKGROVE AVENUE
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(CCP#116-SEPT. 7, 1999)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 116
HARTMAX - M. WILE & CO.-INT. BRANDED APPAREL -
REAL ESTATE
77 GOODELL STREET
(ITEM NO. 78, C.C.P., SEPT. 21, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola Moved:
That the Director of Real Estate be, and he hereby is
authorized to negotiate a sale price for that portion of Desmond
Place within lot 138 with Intercontinental Branded Apparel
(IBA), and subject to the finding of a suitable price deemed
acceptable by the Comptroller, the Comptroller is hereby
authorized to abandon and sell that portion of Desmond Place
within lot 136 to IBA.
PASSED
AYES -12 NOES - 0
COMMUNITY DEVELOPMENT
(DALE ZUCHIEWSKI, CHAIRMAN)
NO. 117
NYS ECON. DEV. ZONE REV. TO BOUNDRY
DESCRIPTION (HRG. 10/13)(BERC)
(COM. 65 C.C.P. 10/13/99)
That the above mentioned item is hereby received and filed.
ADOPTED
NO. 118
NYS ECONOMIC DEVELOPMENT ZONE - REVISION TO
BOUNDARY DESCRIPTION
(ITEM NO. 167, C.C.P., OCT. 5, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Zuchlewski moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED.
NO. 119
LDA-SKYDECK CORPORATION-432-448 PEARL
ST.-DOWNTOWN RENEWAL PHASE II
(ITEM NO.-W -C.C.P., OCTOBER 5, 1999)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy
of which is attached hereto.,
On a motion by Mrs. LoTempio, seconded by Mr. Franczyk the
item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances –
Mr. Knorr-agent,skydeck Corp
Mr. Croce, Skydeck Corp.
Tom Wilcox, Director of Real Estate Services
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Maria Scinta, BURA
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Brown
CARRIED.
Mrs. LoTempio moved:
That Section 9 Special Provisions, Sub Section amended to
include the following sentence.
Redeveloper agrees to incorporate parking for Empire State
College on the Property pursuant to any preexisting agreement
between Empire State College and the Agency.
AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY,
LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS,
ZUCHLEWSKI-11
NOES-HELFER-1
RESOLUTIONS
NO. 120
BY: MR. BROWN
SOLAR DEMONSTRATION PROJECT AT THE BUFFALO
MUSEUM OF SCIENCE
Whereas The development and dissemination of technology
is a principal output of scientific exploration and offers hope
for the future economic and social well being of the people of
Western New York; and
Whereas: The generation of power through methods not
involving fossil fuels is an important prerequisite for long-
term economic growth and protection of the earth's
environment; and
Whereas: The Buffalo Museum of Science is the regions
science presenter providing opportunities for students and the
general public to learn about the latest in the earth, biological
and physical sciences; and
Whereas: The Buffalo Museum of Science wishes to
collaborate with the New York Power Authority in its Solar
Electric Grant Program to demonstrate the capabilities of solar
power; and
Whereas: The Buffalo Museum of Science, tenant in the
City-owned Buffalo Museum of Science building at 1020
Humboldt Parkway, Buffalo, NY, 14211, is asking this Council
for permission to enter in an agreement with the New
York Power Authority, whereby the Authority will mount a 6-kW
array of solar photovoltaic (PV) panels on the roof of the
Museum anchoring those panels into the roof structure of
the Museum; and
Whereas: In addition to this agreement, the Buffalo Museum
of Science has agreed to bear all long term maintenance
costs associated with this project;
Now, Therefore, Be it Resolved:
That this Common Council authorizes the Buffalo Museum
of Science to enter such an agreement provided that power
generated by this system shall be used in the Museum, which
shall establish a interpretive exhibit to explain the system and its
benefits to the general public visiting the Museum; and
Be it Finally Resolved:
That the City of Buffalo Architect approves the anchoring
method proposed for the system in advance of the Museum
entering into this agreement.
PASSED
AYES-12, NOES-0
NO.121
By: Alfred T. Coppola
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CITY WIDE TOTE PROGRAM
Whereas: Various areas of the City participated in the
Street Sanitation's "Tote" pilot program this past year; and
Whereas: The section of the Delaware District that
participated in the "tote" program did a wonderful job, they were
disappointed when they had to give the "totes" back;
and
Whereas: As a result of the overwhelming success of the
"Tote" program, the City decided that it would be
implemented City wide;
Now, Therefore, Be It Resolved:
That the Commissioner of Sanitation appear before the
Committee of Legislation, prepared to update the Common
Council on the time frame that the City Wide "Tote"
program will start; and
Be It Further Resolved:
That the Commissioner of Sanitation explains the phases that
will take place and the sizes of the "totes" that will be used in
the implementation of the program.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF STREETS
NO. 122
By: Mr. Coppola
OFFER CITY MISSION CITY ACCOUNT STATUS FOR
UTILITY PAYMENTS
Whereas: Niagara Mohawk has charged the City Mission as a
commercial business over the years in spite of the Mission's
obvious role as a religious charitable
institution; and
Whereas: This has resulted in a severe financial hardship for
the mission and an expensive court case that is now on its third
appeal; and
Whereas: The City Mission, which provides shelter for the
poorest of Western New York's citizens, is in a shaky financial
position and needs help in order to continue to provide its
services;
Now, Therefore, Be It Resolved That:
This Common Council requests the Law Department and the
Department of Public Works to explore the feasibility of allowing
the City Mission to operate under the cover of the City of
Buffalo's Utility Accounts in order to provide them with access to
less expensive power and gas service: and
Be It Further Resolved That:
That the Law Department and Public Works Department file
reports on this request by Thursday, October 29th at 2:00 P.M.;
and
REFERRED TO THE COMMITTEE ON LEGISLATION THE
CORPORATION COUNSEL MD THE COMMISSIONER OF
PUBLIC WORKS
NO. 123
By: Mr. Coppola
PROPOSED SKYWAY BRIDGE LIGHT PROJECT
Whereas: The Peace Bridge Authority over the past few
years has lit up the Peace Bridge with forty-eight, 1,000 watt
lights.
Whereas: This project has greatly increased the beauty of the
Peace Bridge and the surrounding area.
Whereas: The Peace Bridge welcomes millions of visitors to
the United States and
Canada every year and this lighting project has dramatically
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increased the image of these two great countries and
highlighted our cooperation.
Whereas: The Skyway Bridge is also an important gateway in
the region as is the Peace Bridge.
Whereas: The Skyway Bridge welcomes hundreds of
thousands of visitors to the City of Buffalo every year.
Whereas: The Skyway Bridge not only provides a valuable
function of moving thousands of vehicles each year, but also
functions as a important symbol of the City of Buffalo.
Whereas: The Skyway Bridge is located in an important
geographic area, with its close proximity to the Inter- Harbor.
Whereas: The image of the City of Buffalo would be greatly
enhanced by beautifying the Skyway Bridge with lights and this
project would also complement the planned Inter- Harbor
development.
Now, Therefore, Be It Resolved That:
That this Common Council requests the Mayor of the City of
Buffalo, Allen Delisle, Director of the Buffalo Economic
Renaissance Corporation and the State Department of
Transportation look into the feasibility of lighting up the Skyway
Bridge as the Peace Bridge has been done.
ADOPTED
NO. 124
By: Councilmember Fontana
SET PUBLIC HEARING
NEW BUFFALO INDUSTRIAL PARK
PORTION OF DISPOSITION
PARCEL 4 - 4.33 ACRES
WHEREAS, Meals on Wheels of Buffalo and Erie County,
Inc. and/or other legal entity to be formed (herein referred to
as the "Redeveloper") has been duly designated as qualified
and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal
Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency
and the Redeveloper has negotiated a Land Disposition
Agreement for the disposition of a portion of disposition
Parcel 4 in the New Buffalo Industrial,Park; and
WHEREAS, the terms of said Land Disposition
Agreement have been approved by the City of Buffalo
Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been
forwarded by the City of Buffalo Urban Renewal Agency to
this Common Council for action, pursuant to section 507,
subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law"
requires that the disposition of land in an Urban Renewal
Project may be approved only after a public hearing on due
notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice
attached hereto and marked "Notice of Hearing" in the
Buffalo News, no later than the 25th day of October 1999.
2. That this Common Council will conduct a Public Hearing on
the matter stated in said "Notice of Hearing" at 2:00 P.M. in
the Council Chambers on the 3rd of November 1999.
ADOPTED
NO. 125
By : Councilmember Fontana
SET PUBLIC HEARING
NEW BUFFALO INDUSTRIAL PARK
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99 THIELMAN DRIVE - 1.8 ACRES
WHEREAS, Advanced Marketing and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has
been duly designated as qualified and eligible Redeveloper in
accordance with the rules and procedures prescribed by the
City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency
and the Redeveloper has negotiated a Land Disposition
Agreement for the disposition of 99 Thielman Drive in the
New Buffalo Industrial Park; and
WHEREAS, the terms of said Land Disposition Agreement
have been approved by the City of Buffalo Urban Renewal
Agency; and
WHEREAS, said Land Disposition Agreement has been
forwarded by the City of Buffalo Urban Renewal Agency to
this Common Council for action, pursuant to section507,
subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law"
requires that the disposition of land in an Urban Renewal
Project may be approved only after a public hearing on due
notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice
attached hereto and marked "Notice of Hearing" in the Buffalo
News, no later than the 25th day of October 1999.
2. That this Common Council will conduct a Public Hearing
on the matter stated in said "Notice of Hearing" at 2:00 P.M.
in the Council Chambers on the 3rd of November 1999.
ADOPTED
NO. 126
By: Mr. Francyck:
BOND RESOLUTION
$250,000 BONDS
CITYWIDE TREE REMOVAL & PLANTING
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $250,000 General Improvement Bonds of said
City to finance the cost of removal of diseased trees and the
planting of new trees in the City at the estimated maximum cost
of $250,000.
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 Two Hundred
Fifty Thousand Dollars ($250,000), 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 removal of diseased trees and the planting of new
trees in the City. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $250,000,
as set forth in the duly adopted Capital Improvements
Budget 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
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99-1019.txt
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Citywide Tree Removal & Planting, 1999-00," Bond
Authorization Account No. 3000-60, and shall be used for
the 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 $250,000.
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 period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by
this resolution are to be issued, within the limitations of Section
11.00 a. 57 (1st) of the Local Finance Law, is five (5) 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 a 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 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: October 19, 1999
Laid 0n the Table
NO. 127
By: Mr. Franczyk
INCREASED APPROPRIATION
ENTERPRISE FUND - REFUSE AND RECYCLING
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
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fiscal year for the Enterprise Fund - Refuse and Recycling -
Auditing Services be and the same hereby is increased in the
sum of $110,000
That, the comptroller be and hereby is authorized and
directed to increase tile revenue estimate of account:
Enterprise -Fund Revenue
52510015 - 340000 Enterprise Fund Revenues - Refuse and
Recycling - Charges for Services $110,000
To meet the increased appropriation as set forth below:
52002606 - 432001 Enterprise Fund - Refuse and Recycling -
Auditing Services $110,000
PASSED
AYES-12, NOES-0
NO. 128
By : Mr. Franczyk
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF BUILDINGS
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 Allotments-Division of Buildings be
and the same hereby is increased in the sum of $30,878.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $30,878 from 10000000-
241100-Reserve for Capital Appropriations to meet this
increased appropriation as set forth below:
TO:
13296006-443200
General Fund-Division of Buildings-Building Alterations &
Repairs $30,878
PASSED
AYES-12, NOES-0
NO. 129
BY: ROSEMARIE LOTEMPIO
WAIVE PERMIT FEE - HABITAT FOR HUMANITY
Whereas: Habitat for Humanity has a stellar reputation as a
not-for-profit housing organization; and
Whereas: Their volunteer work force continues to rehab
older houses and build new ones; ever advancing their mission
to increase home ownership and thereby strengthening our
communities; and
Whereas: Ninety-six cents of every dollar Habitat for
Humanity spends is strictly directed to construction expenses;
and
Whereas: City of Buffalo Permit Fees for the year 2000 will
be a significant cost to Habitat as they start work on their 15th
building year; and
Whereas: As a measure of partnership and commitment,
Habitat for Humanity has requested that the City waive all
permit fees for the year 2000; and
Whereas: The City of Buffalo, especially this Common
Council, seeks to maintain and encourage such valuable
partnerships by increasing our support to all causes aimed at
strengthening and revitalizing our City's neighborhoods;
Now, Therefore Be It Resolved That:
This Common Council waive all year 2000 housing and
construction permit fees for Habitat of Humanity of Buffalo in
order to promote the goal of increasing affordable home
ownership; and
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Be It Finally Resolved That:
The City Clerk send a certified copy of this resolution to Habitat
for Humanity
for their records.
PASSED
AYES-12, NOES-0
NO. 130
By: Mr. Pitts
HEARING ON EMERGENCY MEDICAL
SERVICES IN THE CITY OF BUFFALO
WHEREAS: The City of Buffalo Charter provides for the
appointment of an Emergency Medical Services Board. This
Board has the primary responsibility to "advise, consult with and
recommend to the Mayor and the Common Council all matters
concerning ambulance services"; and
WHEREAS: The Common Council has held Hearings in the
past to determine the provision of ambulance services with in
the City. It was determined that two companies, Rural Metro
Services and Twin Cities would provide service to various
sections of the city; and
WHEREAS: Since the designation of these two companies
there has not been any report or filing of information
concerning the quality of ambulance services provided. Nor
has there been any report issued by the Emergency Medical
Services Board which reviews or stipulates any policy changes
and/or evaluation concerning the provision of services by the
two companies;
and
WHEREAS: In its initial assessment of the present
arrangement it was the Common Council's intent to evaluate
the effectiveness of the provision of ambulance services by the
two companies after a period of time; and
WHEREAS: Some questions and concerns have been
raised about the provision of ambulance services that may put
the public at risk. This relates to adequate coverage of various
services and response time; and
WHEREAS: These questions also relate to the adequacy of
one or the other company's capability to provide services as
required; and
WHEREAS: The present situation and provision of
ambulance services should be aired publicly and reviewed to
determined new recommendations.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council hold a hearing to review the present
provision of ambulance services in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION THE
CORPORATION COUNSEL, AND THE COMMISSIONER OF
FIRE AND THE EMERGENCY MEDICAL SERVICES BOARD
NO. 131
By: Mr. Pitts
REQUEST SITE DESIGNATION FOR GREEN GOLD
ECO-INDUSTRIAL DEVELOPMENTS
Whereas: This Council has endorsed the Green Gold
Development Strategy, which seeks to build on the strengths
of local businesses whose products and services solve
environmental problems by assisting those businesses and
attracting and developing other "green" businesses; and
Whereas: The aim of the strategy is to create jobs by
building a critical mass of green businesses that will feed off
each other's success and form a niche for the Buffalo area
within the global economy; and
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Whereas: Buffalo's Green Gold Development
Corporation (BGGDC) has been meeting since January of
this year and is ready to advance eco-industrial development on
a series of sites within the City of Buffalo; and
Whereas: An eco-industrial development is defined as
one where businesses reinforce each other in maximizing
both their environmental and business performance; and
Whereas: BGGDC will be looking to site the following types
of development, perhaps in various combinations:
• An eco-incubator to assist start-up green businesses;
• A classic eco-industrial park where the wastes of one
business become the feedstock of another, forming an
efficient closed loop and saving on waste disposal costs;
• Environmental solutions business campuses where the
products and services of the businesses are focused on the
solution of environmental problems. These campuses could
be centered on various themes, including:
Environmental Disaster Relief In the wake of increasing
natural disasters, the need for portable water treatment and
other technologies and services is creating an enormous
market that some local companies are ready to enter;
The Car of the Future Buffalo has a vibrant auto-industry and
the creation of a viable, pollution free automobile will one of
the main eco-industrial challenges of the 21" century;
Renewable Energy - Conserval, Inc., the world's leading
producer of solar air heating installations, of is one of the best
examples of a local Green Gold style company. Renewable
energy is a rapidly growing market, and, with Conserval as
a base, Buffalo could play a major role in this field. The US
Department of Energy's "brightfields" program for
redeveloping brownfields with solar energy would fit well with
such a development; and
Whereas: One of the keys to the success of these eco-
industrial developments will I be a coordinated international
marketing campaign; and
Whereas Buffalo's Green Gold Development Corporation is
interested in three sites: the William Gaiter Parkway in
Northeast Buffalo, the Industrial Green District South of the
Cobblestone District, and the Union Ship Canal in the
Southwest comer of the City; and
Whereas Urban Renewal Area status would allow Buffalo's
Green Gold Development Corporation to begin developing
these three sites in a coordinated and concentrated manner;
Now, Therefore, Be It Resolved That:
This Common Council requests the Division of Planning to
file the appropriate Site Designation documents to allow the
William Gaiter Parkway, the Industrial Green
District, and the Union Ship Canal to be designated Urban
Renewal Areas.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE BUFFALO ECONOMIC
RENAISSANCE CORPORATION, ECIDA AND THE
CORPORATION COUNSEL
NO. 132
By: Councilmember Miller-Williams
SET PUBLIC HEARING
ELLICOTT REDEVELOPMENT
PROJECT NYR 1-1
468 NORTH DIVISION
WHEREAS, A. C. Ware Housing Development and/or other
legal entity to be formed (herein referred to as the
"Redeveloper") has been duly designated as qualified and
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eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal
Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency
and the Redeveloper has negotiated a Land Disposition
Agreement for the disposition of 468 North Division Street in the
Ellicott Development Project NYR 1- 1; and
WHEREAS, the terms of said Land Disposition Agreement
have been approved by the City of Buffalo Urban Renewal
Agency; and
WHEREAS, said Land Disposition Agreement has been
forwarded by the City of Buffalo Urban Renewal Agency to
this Common Council for action, pursuant to section 507,
subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law"
requires that the disposition of land in an Urban Renewal
Project may be approved only after a public hearing on due
notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice
attached hereto and marked "Notice of Hearing" in the Buffalo
News, no later than the 25th day of October 1999.
2. That this Common Council will conduct a Public Hearing on
the matter stated in said "Notice of Hearing" at 2:00 P.M. in
the Council Chambers on the 3rd of November 1999.
ADOPTED
NO. 133
By: Ms. Miller-Williams
POSSIBLE IMPLOSION OF 210 DELAWARE AVENUE
Whereas: Benderson Development Company, which owns
the former apartment building at 210 Delaware Avenue, is
planning a hotel for the block of Delaware Avenue,
between Cary and Chippewa Streets; and
Whereas: The Ellicott District Office has received
complaints from constituents that Benderson Development
plans on imploding the building located at 210 Delaware by
October 31, 1999; and
Whereas: This is a monumental and potentially dangerous
task, as explosives will be placed throughout the building, which
is located in a heavy pedestrian area, near office buildings,
residential homes, and a high school with over 1,000 students;
and
Whereas: Questions have been raised concerning this
development, including: Has an amended building plan
been submitted to the Department of Community
Development, and; Have special permits been filed with the
Division of Licenses and the Permit Office?; and
Now, Therefore, Be It Resolved:
That this Common Council requests that no demolition
permits be granted to Benderson Development for the
demolition of 210 Delaware Avenue until a complete
demolition plan is submitted detailing the proposed
demolition, including materials to be used, street closings, and
how the community business owners and neighbors will be
notified; and
Be It Further Resolved:
That the Division of Neighborhoods, Housing, and
Inspections file with this Council the proper procedures for
securing a permit to demolish a building with explosives,
including penalties for not following the proper procedures; and
Be it Further Resolved:
That the Department of Community Development,
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Division of Licenses, and Division of Neighborhoods,
Housing and Inspections file a written response to this
resolution; and
Be it Finally Resolved:
That certified copies of this resolution be sent to Benderson
Development Company for their response.
ADOPT FINAL RESOLVE REMAINDER TIO THE
COMMITTEE ON LEGISLATION, CORPORATION
COUNSEL, COMMUNITY DEVELOPMENT AND
BENDERSON DEVELOPMENT
NO. 134
By: Ms. Miller-Williams
CLOSING OF ERIE COUNTY PUBLIC LIBRARY
BRANCHES
Whereas: One of the Proposed consolidation plans being
considered by the Buffalo and Erie County Public Library
calls for the closing of 22 Erie County branch libraries,
including 11 of the 15 Buffalo branches; and
Whereas: In this plan, the Martin Luther King, Jr., Branch
Library, located at Jefferson and William Street in the Towne
Gardens Plaza, is slated to be closed; and
Whereas: The operating budget of this branch is $53,000,
which includes leasing space at the Plaza; and
Whereas: This library has the system's smallest circulation
of 9,000 books, is open 22 hours a week, and is utilized
by adults and community children for books, movies, help
with homework, and additional programs; and
Whereas: Bennett Park Montessori School, School #12's
Early Childhood Program, the Buffalo Academy for Visual
and Performing Arts, and the School-to-Work Family
Resource Center are just some of the facilities that use this
library because of its close proximity;
Whereas: Statistics show that the MLK Branch had a city
leading gain in circulation of 5.6% in 1998; and
Whereas: This is only one proposal offered to the Buffalo
and Erie County Public Library Board, and has not yet been
adopted by the Board; and
Whereas: The Buffalo and Erie County Public Library Board
members are sensitive to the implications of this plan; they
have met with community leaders and elected officials and
plan to hold a series of public forums on the matter; and
Whereas: The Interim Director of the Library, Diane
Chrisman, has stated that: "The Board will not adopt a final
strategic plan until all community meetings have occurred
and the Board has taken time to analyze all the input." And
Whereas: The closing of 11 of 15 libraries throughout the City
without a strategic plan for new neighborhood libraries would
have a devastating effect on Buffalo's communities;
Now, Therefore, Be It Resolved:
That this Common Council oppose any plan that includes
the closing of the Martin Luther King, Jr., Branch Library
without adequate community dialogue and , if applicable,
providing provisions for a new state of the art multi-media
study center, funded and operated by the Buffalo and Erie
County Public Library; and
Be it Finally Resolved:
That certified copies of this resolution be sent to Honorable
Dennis T. Gorski, Erie County Executive, the Erie County
Legislature, Ms. Diane Chrisman, Interim Director of the
Buffalo and Erie County Public Library and Ms.
Rebecca Mahoney, Board President, Buffalo and Erie County
Public Library.
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ADOPTED
NO. 135
By: Messrs. Zuchlewski, Brown, Fontana, Helfer, Manley
and Mrs. LoTempio
REQUEST NEW YORK STATE TO AUTHORIZE
EXPANSION OF ECONOMIC DEVELOPMENT ZONE
Whereas: The New York State Economic Development
Zone (EDZ) program, which was created in 1987,
encourages business development in designated areas by
offering targeted incentives and benefits to new and expanding
businesses; and
Whereas: Companies that move to or expand in EDZ's are
eligible for wage and investment tax credits, sales tax refunds,
financing assistance, and utility discounts; and
Whereas: Existing EDZ's are limited to two square miles and
Buffalo has shifted and reshifted its EDZ boundaries to
maximize every square inch of EDZ space in support of local
businesses; and
Whereas: There are 52 EDZ's across New York State,
including 9 in New York City; and
Whereas: Buffalo, the State's second largest city, with a
highly distressed economy, has only one Economic
Development Zone - the same capacity as municipalities such
as Fulton (population 12,929), Friendship (1,423), Geneva
(14,143), Gloversville (16,656), Norwich (7,613), and Port
Henry, NY (1,423); and
Whereas: Some other upstate cities have more EDZ
capacity than Buffalo does; and
Whereas: For example, both the City of Albany and
Albany County have EDZ's, and Syracuse and Plattsburgh
each have their own EDZ's in addition to EDZ's on nearby Air
Force bases; and
Whereas: Buffalo is in desperate need of an expanded EDZ
capacity to support local businesses such as Outokumpu
American Brass and Sorrento Cheese, along with
developing areas such as Kensington Heights, the Union Ship
Canal, Hopkins Street and the Industrial Green;
Now, Therefore, Be It Resolved That:
This Common Council requests Governor Pataki, the New
York State Legislature and the Empire State Development
Corporation to cooperate in designating more EDZ space
within the City of Buffalo, either by expanding Buffalo's 2 square
mile limit or designating a second 2 mile EDZ for the City of
Buffalo; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this
resolution to Governor Pataki, to Sheldon Silver, Speaker of
the Assembly, to Joseph Bruno,Senate Majority Leader, to
the members of the Western New York State Legislature
delegation, and to Charles A. Gargano, Chairman of the
Empire State Development Corporation.
ADOPTED
NO. 136
By Mr. Zuchlewski
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions
sponsored by Members of the Common Council as indicated:
Felicitation for Beuenia. Brown
By Councilmember James Pitts, Charles Michaux III
Felicitation for NYSTEA By Councilmember Jams Pitts,
Charles Michaux III
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Felicitation for Dr. Elder Lincoln Williams By
Councilmember James Pitts, Charles Michaux III
Felicitation for Community Action Organization of Erie County
By Councilmember James Pitts, Charles Michaux III
Felicitation for Reverend Dixon By Councilmember James
Pits, Charles Michaux III
Felicitation for Pastor Troy Brunner By Councilmember
James Pitts, Charles Michaux III
In Memoriam for Charles Hopkins By Councilmember
James Pitts, Barbara Miller-Williams, Beverly Gray and Charles
Michaux III
ADOPTED
NO. 137
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:
CHRISTINE BALCEREK
SHEILA SCHWANEKAMP
ADOPTED.
NO. 138
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,
2000 , conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the City
Clerk:
ISAAC JOHNSON
PATRICIA JACKSON
JAMES MANGANELLO
NANCY ECK
LOUIS SCHMIDT,JR.
HOA MAI
MARY C.RUTSKI
KARL R.SPENCER
SANDRA M. SEIL
SHIRLEY A. SCHERLEIN
MELINDA L.BRYANT
TIMOTHY P.BURKE
TIMOTHY MULAERN
ADOPTED.
UNFINISHED BUSINESS
NO. 139
$2,500,000 BONDS
CITYWIDE TREE TRIMMING & REMOVAL
(NO. 160, C.C.P. OCT 5, 1999)
Mrs Lotempio moved that the above item be taken form the
table .
Seconded by Mr. Zuchlewski
CARRIED
Mrs. Lotempio now moved the approval of the above item.
Seconded by Mr. Manley
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PASSED
AYES-12, NOES-0
NO. 140
BOND RESOLUTION-$200,000-PLANNING-HENNEPIN
CTR. EXP.
(NO. 161, C.C.P. OCT 5, 1999)
Mrs. Lotempio moved that the above item be taken from the
table. Seconded by Mr. Quintana
CARRIED
`Mrs. Lotempio now moved the approval of the above item.
Seconded by Mr. Manley
PASSED
AYES-12, NOES-0
NO. 141
ANNOUNCEMENT OF COMMITTEE ON MEETINGS
Regular Committees
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
Committee on Civil Service Tuesday, Oct. 26, 1999 at 9:30A.M
Committee on Finance Tuesday, Oct 26, 1999 following Civil
Service
Committee on Legislation Tuesday Oct. 26, 1999 at 2:00
o’clock P.M.
Committee on Comm. Dev. Wednesday, Oct. 27, 1999 at
10:00 o'clock A.M.
Ancillary Meetings
Special Hearing Open Access to Internet Thursday, October 28,
1999 at 7:00 P.M.
NO. 142
ADJOURNMENT
On a motion by Mrs. Lotempio, Seconded by Mr. Franczyk,
the Council adjourned at 3:55 PM.
CHARLES L. MICHAUX III
CITY CLERK
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