HomeMy WebLinkAbout99-0713
99-0713.txt
No.( 15)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(July 13, 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, (JULY 13, 1999)
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Fontana
Franczyk, 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 (April
29, 1999) were approved.
FROM THE MAYOR
NO. 1
RE-APPOINTMENT OF MEMBER TO THE
BUFFALO PRESERVATION BOARD
Pursuant to the powers vested in me by Article 11, Section
337-3), Part 11 of the Code of the City of Buffalo, I hereby
re-appoint the following individual to the Buffalo Preservation
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Board:
RE-APPOINTMENT
The Council Communication that was sent on June 17"'
regarding Mr. Guerra's appointment dates, contained the
wrong expiration date. His term will expire August 31, 2002.
Christopher F. Guerra, 513 Virginia Street, Buffalo, N.Y.
14202
Christopher Guerra's term will continue as originally appointed
and expire August 31, 2002. He is the Planning position
designee.
I hereby certify that the above named individual is fully
qualified to serve as members of the Buffalo Preservation
Board.
RECEIVED AND FILED
NO. 2
APPOINTMENT & REAPPOINTMENT OF MEMBERS TO
THE BOARD OF PARKING
Pursuant to the powers vested in me by Section 109R of
the Charter of the City of Buffalo, subject to confirmation by
Your Honorable Body, I hereby appoint and reappoint the
following individuals to the Board of Parking for a term
commencing immediately and will expire March 31, 2006:
REAPPOINT:
Henry J. Osinski, 172 Parkside Avenue,Buffalo, New York
14214
Stephanie Graham, 351 Ashland Avenue, Buffalo, New York
14222
Linda J. Nenni, 11 Brittany Lane, Buffalo, New York 14222.
APPOINT:
Henry Charles Gorino, 33 Tudor PlaceBuffalo, New York
14222
Henry Gorino is a lifelong resident of the City of Buffalo. He
attended St. Margaret's Grammar School and St. Joseph'
Collegiate Institute. He received a B.S. Degree from Syracuse
University, School of Management, and the Culinary Institute
of America. At present he is the owner of the Siena
Restaurant Oliver's Restaurant and Oliver's Catering . Mr.
Gorino is a member in various organizations such as the
James Beard Foundation and Kevin Guest House Board of
Directors.
Joseph Figliola22 Woodley RoadBuffalo, New York
14215
Joseph Figliola graduated from Canisius College and
University of Buffalo Law School. He practiced law and then
was named Director of the Stadium and Auditorium. Judge
Figliola was appointed to City Court and served from 1981 to
1994.
I hereby certify that the above named individuals are fully
qualified for appointment to the Buffalo Board of Parking.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE ENVIRONMENTAL MANAGEMENT
COMMISSION
NO. 3
SISTERS HOSPITAL -
INCINERATOR PERMIT
As backup to this filing, the Environmental Management
Commission is providing all Councilmembers with copies of
materials related to a medical waste incinerator permit
renewal for Sisters Hospital. This incinerator would be
permitted to burn up to 1,100 pounds of hospital waste per
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day.
The Commission is provided review notice of such
applications under City ordinance.
The Common Council will note that the Commission has
requested, and received, an extension of the public comment
period for this application until July 26. The public hearing
requested by the Commission has not been scheduled. It
remains the view of the Commission that both stated
neighborhood concerns and a general concern for issues of
medical waste incineration in urban areas merit public
discussion of this proposed renewal.
Commission staff is available in the Division of Planning to
answer any Council questions in this regard.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY PLANNING BOARD
NO. 4
M. CARUSO
130 S. PARK AVE.
SIDEWALK CAFE ENCROACHMENT
ITEM NO. 25, C.C.P. 4/20/99
The City Planning Board at its regular meeting held
Tuesday, July 6, 1999, considered the matter captioned
above pursuant to Section 413-59 of the Buffalo Code of
Sidewalk cafe.
The applicant seeks to place a sidewalk cafe, on the
Mississippi St. side of the property, which will entirely
encroach the right-of-way.
The Planning Board voted to deny proposed sidewalk cafe
because the encroachment would leave no sidewalk for
pedestrians to use.
RECEIVED AND FILED
NO. 5
F. PARISI
64 W. CHIPPEWA ST.
AWNING ENCROACHMENT
ITEM NO. 48, C.C.P. 6/L/99
The City Planning Board at its regular meeting held Tuesday,
July 6, 1999, considered the matter captioned above pursuant
to Section 413-56 of the Buffalo Code, Awnings, Canopies or
Marquees.
The applicant seeks to place a 61x2l awning which will
encroach the right of way at 64 W. Chippewa St. The
Planning Board voted to receive and file the proposed awning
encroachment after the applicant failed to appear before the
board and since the awning is already in place on the building.
RECEIVED AND FILED
NO. 6
D. JUN
3112 MAIN ST.
SIDEWALK CAFE
ITEM NO. 37, C.C.P. 6/15/99
The City Planning Board at its regular meeting held
Tuesday, July 6, 1999, considered the matter captioned
above pursuant to Section 413-59 of the Buffalo Code,
sidewalk cafe.
The applicant seeks to place a 5 or 6 table sidewalk cafe,
which will encroach the City right-of-way, in front of an existing
restaurant at 3112 Main St.
The Planning Board previously approved the sidewalk cafe at
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their meeting of March 16, 1999. The Planning Board once
again voted to approve the proposed sidewalk cafe with the
following conditions:
1.There is not to be any outside music
2.The cafe operator is responsible for removing all trash
generated by the use of the cafe.
3.Closing time will be 11:00 p.m. daily
RECEIVED AND FILED
NO. 7
DEMOLITION 840 GENESEE (GARAGE)
The demolition of the garage at 840 GENESEE was funded
by Special Assessment Fund, as approved by the Common
Council, at a cost of $ 1,147.05.
The demolition was completed on 3/25/92. Thereafter, the
owner of the property, Gate of Heaven Church of Christ,
entered into a promissory agreement with the Division of
Collections for repayment of demolition costs.
By entering into promissory agreement with the owner, the
City of Buffalo opted for personal liability collection of the
demolition costs.
The owner has completed and fully satisfied its obligation by
payment of $1,147.05. However, during the term of
repayment, demolition charges on the tax roll were subject to
additional interest pursuant to Real Property Tax Law. A total
of $645.56 in interest (through 7/31/99) appear on the tax roll
for Year 1997-98.
There are no property taxes and sewer rent due, leaving only
the demolition lien due. The property is listed for In Rem
Foreclosure action #33 (Serial #926) based upon the
demolition charge.
This is to request that the Common Council authorize the
Department of Assessment, Tax Division, to accept as
payment in full of the demolition lien the amount of $1,147.05;
to administratively remove from the tax roll all
demolition-related interest accrued; and to cancel the $450.00
foreclosure fees for In Rem #33, thus removing the property
from foreclosure proceedings.
That the above communication from the Comptroller dated
July 8, 1999, be received and filed; and
That the Commissioner of Assessment be, and he hereby is
authorized to accept as payment in full of the demolition lien
at 840 Genesee (garage) the amount of $1,147.05; to
administratively remove from the tax roll all demolition-related
interest accrued; and to cancel the $450.00 foreclosure fees
for In Rem #33, thus removing the property from foreclosure
proceedings.
PASSED
AYES -12 NOES – 0
NO. 8
DEMOLITION 58 ROETZER
The demolition of 58 ROETZER was funded by Special
Assessment Fund, as approved by the Common Council, at a
cost of $ 8,000.00. Demolition was ompleted 12/16/94.
Pursuant to Special Assessment provisions the demolition
costs were laced on the tax roll and appear as a lien on the
property for the 1996-97 tax year. The charges on the tax roll
have been subject to additional interest and penalties accrued
pursuant to Real Property Tax Law.
In pursuing personal liability, the Division of Collections
submitted a claim under the Bankruptcy Petition of the
property owner, Raymond Darden.
Payment has now been received in the amount of $8,000.00,
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representing payment in full of the City's actual costs.
It is requested that this Common Council approve as payment
in full of the demolition costs the amount of $8,000.00, and
authorize the Department of Assessment, Tax Division, to
administratively remove from the tax roll the
demolition lien and all interest and penalties accrued thereon.
That the above communication from the Comptroller dated
July 8, 1999, be received and filed; and
That the Commissioner of Assessment be, and he hereby is
authorized to accept as payment in full of the demolition lien
at 58 Roetzer in the amount of $8,000.00; to
administratively remove from the tax roll the demolition lien
and all interest and penalties accrued thereon.
Passed.
AYES -12 NOES - 0
NO. 9
DEMOLITION 386 WALDEN (GARAGE)
The demolition of a garage at 386 WALDEN was funded by
Special Assessment Fund, as approved by the common
Council, at a cost of $ 2, 999 .00 . Upon consent to demolition
in September 1995, property owners, Mark M.
(now deceased) and Elizabeth R. Robson entered into a
promissory agreement with the Division of Collections to
repay the demolition costs. The payment agreement
negotiated is on a long-term basis due to the financial
limitations of the debtor. Mrs. Robson continues to reside in
the house on the parcel.
Property tax and sewer rent charges have been paid.
However, the demolition remains as an outstanding 1997-98
tax lien. As a result, and on an annual basis the property, and
thus the debtor's home, becomes part of the foreclosure
proceeding. The property is currently on the In Rem #33
(Serial #4163).
This is to request that the Common Council authorize the
Department of Assessment, Tax Division to cancel the
Special Assessment property lien, whereby the demolition
charges will be removed from the tax roll and foreclosure
proceedings suspended.
The release of property lien will not preclude the collection of
demolition costs. By entering into promissory agreement, the
City of Buffalo opted for personal liability collection, and
obtained a confession of judgment to be filed in case of
default in the repayment agreement.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
July 8, 1999, be received and filed; and
That the Commissioner of Assessment be, and he hereby is
authorized to cancel the Special Assessment property lien,
whereby the demolition charges at 386 Walden (garage) in
the amount of $2,999.00 will be removed from the tax roll and
foreclosure proceedings are suspended but will not preclude
the collection of demolition costs.
PASSED
AYES -12 NOES - 0
NO. 10
DEMOLITION 225 WOLTZ
The demolition of 225 WOLTZ was funded by Special
Assessment Fund, as approved by the Common Council, at a
cost of $ 7,935.00.
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Property owner Michael P. Gish has executed a promissory
agreement with the Division of Collections to repay the
demolition costs. The payment account is active and ongoing.
By entering into promissory agreement with the owner, the
City of Buffalo has opted for personal liability collection of the
demolition costs.
Pursuant to Special Assessment provisions, the demolition
costs were placed on the tax roll and appear as a lien on the
property for the 1998-99 tax year. There is a neighbor
interested in purchasing the lot. However, with the demolition
lien in place transfer of the property is precluded.
This is to request that the Common Council authorize the
Department of Assessment, Tax Division to cancel the Special
Assessment property lien, whereby the demolition charges will
be removed from the tax roll.
The release of property lien will not preclude the collection of
demolition costs. We will continue to collect under the terms
of promissory agreement and have obtained a confession of
judgment to be filed in case of default in the repayment
agreement.
MRS. LoTempio moved:
That the above communication from the Comptroller dated
July 8, 1999, be received and filed; and
That the Commissioner of Assessment be, and he hereby is
authorized to cancel the Special Assessment property lien,
whereby the demolition charges at 225 Woltz the amount of
$7,935.00 will be removed from the tax roll but will not
preclude the collection of demolition costs.
PASSED
AYES -12 NOES - 0
NO. 11
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 a
project 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 $1,000,000 for Lovejoy Infrastructure
Improvements. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account
100 General 200 Capital Projects 3004-31-4413
BAN/Bond Sale Repayment Date Total $1,000,000
Mrs. LoTempio moved:
That the Comptroller be and he hereby is authorized to
provide an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $1,000,000 for
Lovejoy Infrastructure Improvements. The loan will be repaid
when Board anticipation Notes or Bonds are Issued.
PASSED
AYES 12 NOES 0
NO. 12
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
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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 $400,000 for Purchase of HazMat Vehicle.
The loan will be repaid when Bond Anticipation Notes or
Bonds are issued.
From To Account
10Ogeneral 20OCapitalProjects 204-021-002
Repayment Date Ban/Bond Sale TOTAL $400,000
Mrs. LoTempio Moved:
That the above communication from the Comptroller dated
June 29, 1999, be received and filed, and
That the Comptroller be, and he hereby is authorized to take
an interfund cash loan from the General Fund to the City's
Capital Projects Fund in the amount of $400,000 for Purchase
of HazMat Vehicle. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
PASSED
AYES -12 NOES - 0
NO. 13
RENEWAL OPTION
LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO
AND FLEMING COMPANY, INC. USE OF 416 KENMORE
AVENUE
Your Honorable Body authorized the lease agreement
between the City of Buffalo and S.M. Flickinger, Inc. for use of
City-owned vacant land at 416 Kenmore Avenue, with the
option to renew. This lease was for a five (5) year period
commencing October 1, 1983 to September 30, 1988, with
succeeding one (1) year renewal options thereafter.
Please take note the original lease originated with the name
as S. M. Flickinger, Inc., then changed to Scrivner of New
York, Inc. and now has changed their name to Fleming
Companies, Inc.
Mr. Robert W. Smith of Fleming Companies, Inc. has
requested to exercise their option to renew said lease for an
additional one (1) year period as stated in their lease
agreement. The lessee has fully satisfied and complied with
all provision and terms of the lease.
The renewal will be for the period of October 1, 1999 to
September 30, 2000. This is their 12 th renewal option of their
lease agreement. The annual rental fee is $40.
This office recommends your Honorable Body approve
Fleming Companies, Inc. request toexercise their option to
renew this lease for a one year period.
MRS, LoTEMPIO moved:
That the above communication from the Comptroller dated
June 30, 1999, bereceived and filed; and
That the Comptroller be, and he hereby is authorized to renew
the lease betweenthe City and Fleming Companies, Inc., f/k/a
Scrivner of New York, Inc., f/k/a S.M.
Flickinger, Inc., for use of 416 Kenmore Avenue for an
additional one (1) year term commencing on October 1, 1999
and expiring September 30, 2000. That the Corporation
Counsel be authorized to prepare the necessary lease and the
Mayor be authorized to execute the same.
PASSED
AYES -12 NOES - 0
Page 8
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NO. 14
APPT. ASSISTANT AUDITOR PERMANENT
Appointment Effective June 29, 1999 In the Department of
Audit and Control to the Position of Assistant Auditor,
Permanent Non-Competitive at the intermediate Starting
Salarv of $ 30,448
Lauren Panaro, 5 Crestwood,Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 15
APPT SENIOR ACCOUNT CLERK STENOGRAPHER
Appointment Effective: July 1, 1999,In the Department of
Audit and Control, to the Position of: Senior Account Clerk
Stenographer
Permanent Promotion at the Maximum Starting Salary of $
27,136
Joanne Milioto, 102 Richmond Ave, Buffalo, NY 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 16
OFFER TO PURCHASE
IN-REM PROPERTY AT
118 TENTH STREET
I have received correspondence from Timothy Evans and
Frank Sagar offering to purchase 118 Tenth Street from the
City's Division of In-Rem Properties.
Both Mr. Evans and Mr. Sagar seem to have provided the
appropriate detailed estimates and costs for repairs along with
proof of financial capability. Also, they have provided an
appraisal of the property.
Please refer this item to John Hannon for his comments.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE COMMISSIONER
NO. 17
NOTIFICATION SERIAL #9148
Truck Routes – Install Leland Drive
BetweenSouthParkAvenue and Zollars Avenue
TRUCK ROUTES - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty-five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 2 of Section 40 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: TRUCK ROUTES STREET
PORTION OF STREET
Leland Drive between South Park Avenue
and Zollars Avenue
This action is being taken in order to accommodate the
expansion of Sorrento Cheese in order to allow for delivery
and pick-up of products on Leland Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 18
BANNERS OVER CITY STREETS
There appears to be some confusion as to this
department's policy regarding the hanging of banners over
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City streets. Any request to hang banners should be
approved by the Common Council prior to installation. In each
case the applicant will be given the attached requirements.
These regulations should also apply to any banner that spans
a public street regardless of whether it is fastened to a street
light pole or a private building. Applicants will be required to
hang and maintain their banners. This department will not be
available to hang banners for any organization.
I request that the Common Council approve this policy and
that any permission granted be granted with the stipulation
that the banners must be hung in compliance with conditions
set by the Commissioner of Public Works.
Requirements far Hanging Banners in the City of Buffalo
In order to hang banners, you must first obtain permission
from the Common Council. This can be done via a letter to
the district Councilmember's office. Once permission is
obtained, the following conditions must be met. Please take
particular notice of item #5.
1. The banners must be made of fabric that allows air to flow
through.
2. The bottom of the banners must be at least 14T above the
center of the street.
3. The banners must be fastened securely to the light
standards. No holes shall be drilled into the light standards.
4. Exact location of the street light standards to be used must
be supplied to the Street Lighting Office, room 501 City Hall.
5. Liability insurance in the amount of one million dollars to
save the City harmless must be filed with the Law Department
before the banner can be hung. The City must be named a
policy.
6. Banners cannot be hung from traffic signal poles.
7. The banners cannot interfere with the sight line of a traffic
signal.
8. Banners must be removed after event is over.
9. Banners cannot be hung in Niagara Square.
If you have any questions, please call me at 851-5621.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated July 8, 1999, be received and filed; and
That the Common Council does hereby approve the attached
policy for hanging banners over city streets as provided by the
Department of Public Works and does hereby require all
banners to be hung in compliance with any conditions set by
the Commissioner of Public Works.
PASSED
AYES -12 NOES - 0
NO. 19
REPORT OF BIDS
INSTALLATION OF TRAFFIC SIGNAL
VEHICLE DETECTION LOOPS - 1999
This is to advise Your Honorable Body that I have
advertised and received bids on June 30, 1999 for the
Installation of Traffic Signal Vehicle Detection Loops - 1999. 1
have asked for bids on a unit price basis covering the various
items of material and work that 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 either
be more or less than the total bid.
The following bids were received:
1. Omer Construction Co., Inc$43,484.00
I hereby certify that the lowest responsible bidder for this
Page 10
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project is Omer Construction Co., Inc. I respectfully request
that Your Honorable Body order the work, the cost thereof to
be charged to Bond Fund #203-401-008-00-000 in an amount
of $43,484.00 plus approved unit prices for an additional
amount of $4,348.40, for a total encumbrance of $47,832.40.
The engineer's estimate for this work is $50,000.00.
The attached is certified to be a true and correct statement of
the bid received. Under provisions of the General Municipal
Law, the bidder may withdraw his bid if an award of contract
is not made by August 16, 1999. The bid submission is
available in our office for inspection and copies are available
upon request.
That the above communication from the Commissioner of
Public Works dated June 30, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Installation of Traffic Signal
Vehicle Detection Loops - 1999, to Omer Construction Co.,
Inc., the lowest responsible bidder, in the amount of
$43,484.00, plus approved unit prices for an additional
amount of $4,348.40 for a total encumbrance of
$47,832.40. Funds for the project are to be charged to Bond
Fund #203-401-008-00-000.
PASSED
AYES -12 NOES - 0
NO. 20
REPORT OF BIDS
NEW ACCESS ROAD & PARKING LOT
HILLERY PARK ACADEMY/P.S. #27
ITEM #31 CCP OF OCTOBER 6, 1998
This is to advise Your Honorable Body that I have advertised
and received bids on June 30, 1999 for the
construction of New Access Road & Parking Lot.
In obtaining bids for the above project, I have asked for bids
on a unit price basis 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:
Contractor Total Bid Price
1.ThomannAsphaltPaving $389,247.21
2GreenauerBlacktopInc. $523,779.00
3. Northeast Diversification Inc No bid
4AmericanPaving& Excavating No bid
5. North Boston Construction No bid
I hereby certify that the lowest responsible bidder for the
above project is Thomann Asphalt Paving and I
respectfully recommend that Your Honorable Body order the
work, the cost thereof to be charged to the
Department of Public Works, Capital Projects Account No.
200-401-572 for a base bid of $389,247.21, plus a 10% unit
price increase of $38,925.00 for a total of $428,172.21.
Permission is also requested to accept a transfer of funds
from the Board of Education for their share of costs
associated with this project.
The engineer's estimate for this work is $400,000.00.
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 August 16, 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
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Public Works dated July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for New Access Road and
Parking Lot, to Thomann Asphalt Paving, the lowest
responsible bidder, in the base bid of $3 89,247.21 plus a
1O% unit price increase of
$38,925.00foratotalof$428,172.21. That the Department of
Public Works is authorized to accept a transfer of funds from
the Board of Education for their share of costs associated with
this project.
PASSED
AYES -12 NOES - 0
NO. 21
REPORT OF BIDS
NIAGARA DISTRICT IMPROVEMENTS
GRANT STREET - PHASE III
GROUP 4502
ITEM #36, C.C.P. 4/6/99
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised
and received bids on June 30, 1999 for The Niagara District
Improvements Grant Street - Phase 111, Group 4502.
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 perfon-ned. 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
North America Construction Co., Inc.$272,078.00*
Master's Edge, Inc.$344,217.50
A.B.P. Concrete Construction Co., Inc.$347,525.50
P & J Construction Co., Inc.$368,295.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is North America Construction Co., Inc.
I respectfully recommend that your Honorable Body order the
work, the cost thereof to be charged to the Capital Projects
Fund #203-401-008 in an amount of $ 272,078.00, plus
approved unit prices not to exceed $27,207.80 as per Item
4126, C.C.P. 3/3/98 for a total encumbrance of $299,285.80.
The engineer's estimate for this work is $350,000.00.
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 September 1,
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 June 30, 1999, be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Niagara District
Improvements - Grant Street - Phase 111, Group #502 to
North America Construction Co., Inc., the lowest responsible
bidder, in the amount of $272,078.00, plus approved unit
prices not to exceed $27,207.80 as per Item #126, C.C.P.
3/3/98 for a total encumbrance of $299,285.80. Funds for the
project are. to be charged to the Capital Projects Fund
#203-401-008
PASSED
Page 12
99-0713.txt
AYES -12 NOES - 0
NO. 22
REPORT OF BIDS
OLD FIRST WARD COMMUNITY CENTER
ADDITION - RENOVATIONS
NEW GARAGE BUILDING
I advertised for on June 1, 1999 and received the following
sealed formal proposals for Old First Ward Community
Center, Addition - Renovations, New Garage Building, which
were publicly opened and read on July 6, 1999.
General Construction
New Era Construction $265,298
Summit Construction $274,000
C. Nichter $279,700
Arcon Mgmt. $288,800
Peyton Barlow $295,311
Picone Construction $297,000
Hadala $319,000
Priority Corp. $321,991
C. H. Byron $326,000
Electrical Work
Weydman Electric $18,752
Mechanical Work
Buffalo Sheet Metal $49,200
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following are the
lowest responsible bidders in accordance with the plans
and specifications:
General Construction: New Era Construction in the amount of
$265,298.
Electrical Work: Weydman Electric in the amount of $18,752,
Mechanical Work: Buffalo Sheet Metal in the amount of
$49,200.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the basis
of the low bids. Funds for this work are to be charged to CPF
203-402-506.
MRS Lotempio moved:
That the above communication from the Commissioner of
Public Works dated July 7, 1999, be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Old First Ward Community
Center, Addition - Renovations, New Garage
Building to General Construction: New Era Construction, in the
amount of $265,298.00
Electrical Work: Weydman Electric in the amount of
$18,752.00; Mechanical Work: Buffalo Sheet Metal in the
amount of $49,200.00. Funds for the project are to be
charged to the Capital Projects Fund #203-402-506.
PASSED
AYES -12 NOES - 0
NO. 23
REPORT OF BIDS
PETROLEUM BULK STORAGE COMPLIANCE
UPGRADE - PHASE 11-1
Police Garage, Streets Garage, Engine #25
I advertised for on June 15, 1999 and received the following
sealed formal proposals for Petroleum Bulk Storage
Compliance Upgrade, Phase 11-1, Police Garage, Streets
Page 13
99-0713.txt
Garage, Engine No. 25, Contract Nos. 45G and 45E, which
were publicly opened and read on July 6,
1999.
Contract 45G - General Construction
Base Bid Alt A Alt B AltC
Tyree Org, Ltd. $566,063 $ 5,200 $37,600 $27,900
Zoladz Cons Co$574,409 $ 7,800 $34,046 $32,196
Orch Earth &Pipe.$597,248 $ 5,500 $31,470 $39,500
Emp St Mech $649,885 $12,951 $22,648 $43,827
L & 0 Mech Cont$672,025 $ 9,200 $28,500 $42,400
Visone Const Inc.$825,365 $18,000 $27,000 $31,000
Alternate A is for fuel oil tank removal at the Police Garage.
Alternate B is for furnishing and installing a new 8,000 gallon
fuel oil double wall tank at the Police Garage.
Alternate C is for furnishing and installing a new canopy at the
Streets Garage.
Contract 45E - Electrical Const Base Bid AltA
Weydman Electric $55,36$1,160
Hendler Electric $68,600 $2,200
O'Connell Electric $69,250 $2,000
Ontario Specialty Contracting $82,900 $9,800
Alternate A is for electrical work for lights on the new canopy
at Streets Garage.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following are the
lowest responsible bidders in accordance with the plans and
specifications:
General Construction: Tyree Organization, Ltd. with a Base
Bid of $566,063, add Alternate A in the amount of $5,200,
add Alternate B in the amount of $37,600, add Alternate C in
the amount of $27,900, for a total amount of $636,763.00.
Electrical Construction: Weydman Electric, Inc. with a Base
Bid of $55,364, add Alternate A in the amount of $1,160, for a
total amount of $56,524.00.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the basis
of the low bids. Funds for this work are to be charged to the
1999/2000
Capital Project Funds raised for this work.
MRS. LoTEMPIO moved:
That the above communication from the Commissioner of
Public Works datedJuly 7, 1999, be received and filed, and
That the Commissioner of Public Works be, and be hereby is
authorized to award a contract for Petroleum Bulk Storage
Compliance Upgrade, Phase 11-1, Police Garage,
Streets Garage, Engine No. 25, Contract Nos. 45G and 45E
to General Construction:
Tyree Organization Ltd. with a base bid of $566,063.00, add
Alternate A in the amount of $5,200.00, add Alternate B in the
amount of $37,600.00, add Alternate C in the amount of
$27,900.00, for a total amount of $636,763.00; Electrical
Construction: Weydman Electric, Inc. with a Base Bid of
$55,364,00, add Alternate A in the amount of $1,160.00
for a total amount of $56,524.00. Funds for the project are to
be charged to the 1999/2000 Capital Project Funds raised for
this work.
PASSED
AYES -12 NOES - 0
NO. 24
REPORT OF BIDS
STRIPING OF VARIOUS
OVERLAY CITY STREETS -
Page 14
99-0713.txt
CROSSWALKS - 1999
This is to advise Your Honorable Body that I have
advertised and received bids on June 30, 1999 for the
Striping of Various Overlay City Streets - Crosswalks
1999. 1 have asked for bids on a unit price basis covering the
various items of material and work that 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 either be more or less than the total bid.
The following bids were received-
1. Buffalo Sealer and Striping Company $ 49,070.00
2. Accent Stripe, Inc. $ 49,400.00
I hereby certify that the lowest responsible bidder for this
project is Buffalo Sealer and Striping Company. I respectfully
request that Your Honorable Body order the work, the cost
thereof to be charged to Bond Fund #203-401-008-00-
000 in an amount of $49,070.00 plus approved unit
prices for an additional amount of $4,907.00, for a total
encumbrance of $53,977.00. The engineer's estimate for
this work is $65,000.00.
The attached is certified to be a true and correct statement of
the bid received. Under provisions of the General Municipal
Law, the bidder may withdraw Ns bid if an award of contract
is not made by August 16, 1999. The bid submission is
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 June 30, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Striping of Various Overlay
City Streets - Crosswalks - 1999 to Buffalo Sealer
and Striping Company, the lowest responsible bidder, in the
amount of $49,070.00, plus approved unit prices for an
additional amount of $4,907.00, for a total encumbrance
of $53,977.00. Funds for the project are to be charged to
Bond Fund #203-401-008-00-000.
PASSED
AYES -12 NOES - 0
NO. 25
REPORT OF BIDS
STRIPING OF VARIOUS
OVERLAY CITY STREETS -
LANE LINES - 1999
This is to advise Your Honorable Body that I have
advertised and received bids on June 30, 1999 for the Striping
of Various Overlay City Streets - Lane Lines - 1999. I have
asked for bids on a unit price basis covering the various iterns
of material and work that 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 either be more or less than the total bid.
The following bids were received-
I . Accent Stripe, Inc. $ 25,550.00
I hereby certify that the lowest responsible bidder for this
project is Accent Stripe, Inc. I respectfully request that Your
Honorable Body order the work, the cost thereof to be
charged to Bond Fund #203-401-008-00-000 in an amount of
$25,550.00 plus approved unit prices for an additional amount
of $2,555.00, for a total encumbrance of $28,105.00. The
engineer's estimate for this work is $35,000,00.
Page 15
99-0713.txt
The attached is certified to be a true and correct statement of
the bid received. Under provisions of the General Municipal
Law, the bidder may withdraw his bid if an award of contract
is not made by August 16, 1999, The bid submission is
available in our office for inspection and copies arc available
upon request.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated June 30, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Striping of Various Overlay
City Streets - Lane Lines - 1999 to Accent Stripe,
Inc., the lowest responsible bidder, in the amount of
$25,550.00, plus approved unit prices for an additional
amount of $2,555.00, for a total encumbrance of $28,105.00.
Funds for the project are to be charged to Bond Fund #203-
401-008-00-000.
PASSED
AYES -12 NOES - 0
NO. 26
CHANGE IN CONTRACT
FILLMORE FERRY POLICE PRECINCT
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Fillmore Ferry Police Precinct, General
Construction, Montco Construction, Inc., C #91988500.
1. Remove and dispose of approximately 230 lineal feet of
concrete retaining wall along Woodlawn Ave. required for
installation of new screen wall. Add $ 2,488.00
The foregoing change results in a net increase in the contract
of Two Thousand Four Hundred Eighty Eight and 00/1 00
Dollars ($2,488.00).
Summary: Original Amount of Contract
$2,600,000.00
Amount of This Change Order (No. 1) Add $ 2,488.00
Revised Amount of Contract $2,602,488.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Trautman Associates) and the Department of Public
Works and found to be fair and equitable. Funds for this work
are available in CPF 203-402-010 - 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.
That the above communication from the Commissioner of
Public Works dated January 25, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Montco
Construction, an increase in the amount of $2,488.00, as
more fully described in the above communication, for work
relating to Fillmore Ferry Police Precinct,
C#91988500. FundsforthisprojectareavailableinCPF203-402-
01ODivisionofBuildings.
PASSED
AYES -12 NOES - 0
NO. 27
CHANGE IN CONTRACT
MACHNICA COMMUNITY CENTER
GENERAL CONSTRUCTION
Page 16
99-0713.txt
I hereby submit to Your Honorable Body the following
changes for the Machnica Community Center, General
Construction, Summit Construction Group, Inc.,
C #91983800.
1. Asbestos abatement of 1790 Clinton Street.
Add $ 19,006.00
The foregoing change results in a net increase in the contract
of Nineteen Thousand Six and 00/100 Dollars ($19,006.00).
Summary Original Amount of Contract
$2,530,000.00
Change Order #1 (CCP 6/15/99; item #28) $ 29,256.00
Amount of This Change Order (No. 2) Add $ 19,006.00
Revised Amount of Contract $2,578,262.00
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 202-402-504 - 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 June 30, 1999, be received
and filed: and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Summit
Construction Group, Inc.., an increase in the amount of
$29,256.00, as more fully described in the above
communication, for Nvork relating to Machnica Community
Center, C #91983800.
Funds for this project are available in CPF 202-402-504 -
Division of Buildings.
PASSED
AYES -12 NOES – 0
NO. 28
CHANGE IN CONTRACT
RECONSTRUCTION OF BURVID ICE RINK FLOOR
I hereby submit to Your Honorable Body the following
changes for the Reconstruction of Burvid Ice Rink Floor,
Mollenberg-Betz, Inc., C #91997100.
Furnish and install a rink pad temperature control system. This
system will automatically control the rink pumps and
compressors based on rink pad temperatures. Currently the
pumps run continuous and the compressors are cycled based
on return brine temperature. We anticipate energy savings of
$800.00 per month.
Add$ 6,000.00
The foregoing change results in a net increase in the contract
of Six Thousand and 00/100 Dollars ($6,000.00).
Summary:Original Amount of Contract$
644,500.00
Change Order #1 Add $
12,224.00
Amount of This Change Order (No. 2) Add $
6,000.00
Revised Amount of Contract$
Page 17
99-0713.txt
662,724.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Engineer (Wilson, Klaes, Brucker & Worden, P.C.) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF
203-402-012 - 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 June 25, 1999, be received and filed and
That the Commissioner of Public Works be. and he hereby is
authorized to issue change order No. 1, to Mollenberg-Betz,
Inc_ an increase in the amount of $12.-224.00, as more fully
described in the above communication, for work relating to
Burvid Ice Rink Floor, C #91997100. Funds for this project are
available in CPF 203-402-012 - Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 29
CHANGE IN CONTRACT
ROSE GARDEN IMPROVEMENTS
DELAWARE PARK
I hereby submit to Your Honorable Body the following
changes for the Rose Garden Improvements, Delaware
Park, Nichter Associates, Inc., C #91984800.
1. Omit foundation repair at the Shakespeare dell.
Delete $ 3,000.00
2. Furnish and install sod along the perimeter of the pathways.
Add $ 3,500.00
3. Install additional steel edging material required due to the
garden being longer than indicated on the original drawings.
Add $ 1,680.60
The foregoing change results in a net increase in the
contract of Two Thousand One Hundred Eighty and 60/100
Dollars ($2,180.60).
Summary: Original Amount of Contract
$ 79,000.00
Amount of This Change Order (No. 1) Add $ 2,180.60
Revised Amount of Contract $ 81,180.60
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (K. M. Kinan, Architects) and the Department of
Public Works and found to be fair and equitable. Funds for
this work are available in CPF 200-402-080 - 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 June 23, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Nichter Associates,
Inc., an increase in the amount of $2,180.60, as more fully
described in the above communication, forwork relating to
Rose Garden Improvements, Delaware Park, C #91984800.
Funds for this project are available in CPF 200-402-080 -
Page 18
99-0713.txt
Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 30
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 103 - GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, General Construction - Contract 103, C. H. Byron
Co., Inc., C #91938800.
1 .Modifications made to the Main Street courtyard as
directed by the Project Architect, including additional concrete
demolition and changes to the courtyard concrete. Add $
8,115.00
2.Install a membrane type roof system to the foundation wall
at the Clarkson Institute in lieu of the specified waterproofing
due tofhe existing condition of the wall. Deduct $1,070-00
The foregoing change results in a net increase in the contract
of Seven Thousand Forty Five and 00/100 Dollars
($7,045.00).
Summary: Original Amount of Contract$2,378,000.00
Net Change by Previous Change Orders$ (66,219-00)
Contract Sum Prior to This Change Order$2,311,781-00
Amount of This Change Order (#6) Add $ 7,045.00
New Contract Sum to Date $2,318,826.00
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 available in CPF 292-402-001 - 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 fi-om the Commissioner of
Public Works dated July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 6, to Bryon Co., Inc., an
increase in the amount of $7,045.00, as more fully described
in the above communication, for work relating to Shea's
Performing Aits Center, Stage Expansion Project, General
Construction, C #91938800. Funds for this project are
available in 292402-001 - Division of Bufldings.
PASSED
AYES -12 NOES - 0
NO. 31
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 104 -MASONRY
I hereby submit to Your Honorable Body the following
changes for Shea's Perform- in Arts Center, Stage Expansion
Project, Masonry - Contract 104, Alpha Masonry
Construction Co., Inc., C #91940400.
1. Additional masonry work required for Code Compliance.
Add $ 2,080.00
The foregoing change results in a net increase in the contract
Page 19
99-0713.txt
of Two Thousand Eighty and 00/100 Dollars ($2,080.00).
Summary: Original Amount of Contract
$2,336,330.00
Net Change by Previous Change Orders $ 55,026.00
Contract Sum Prior to This Change Order
$2,391,356.00
Amount of This Change Order (#6) Add $ 2,080.00
NewContractSumtoDate $2,393,436.00
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 available in CPF 292-402-001 - 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 July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 6, to Alpha Masonry
Construction Co., Inc., an increase in the amount of
$2,080.00, as more fully described in the above
communication, for work relating to Shea's Performing Arts
Center, Stage Expansion Project, Masonry - Contract 104,
C#91940400. Funds fur this project are available in 292-402-
001 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 32
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 105 - STRUCTURAL STEEL
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Structural Steel - Contract 105, Alp Steel
Corp., C #91942200.
1. Additional canopy and railing work installed at the Main
Street courtyard. Add $28,393.00
2. Install a safety gate on the mezzanine for code compliance.
Add $ 1,368.00
The foregoing change results in a net increase in the contract
of Twenty Nine Thousand Seven Hundred Sixty One and
00/100 Dollars ($29,761.00).
Summary Original Amount of Contract
$1,307,000.00
Net Change by Previous Change Orders $ 97,893.00
Contract Sum Prior to This Change Order
$1,404,893-00
Amount of This Change Order (#6) Add $ 29,761-00
New Contract Sum to Date
$1,434,654.00
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 available in CPF 292-402-001 - Division of Buildings.
I request that Your Honorable Body authorize the
Page 20
99-0713.txt
Commissioner of Public Works to issue a change order to the
contractor as set forth above.
That the above communication from the Commissioner of
Public Works dated July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 6, to Alp Steel Corp., an
increase in the amount of $29,761.00, as more fully described
in the above communication, for work relating to Shea's
Performing Arts Center, Stage Expansion Project, Structural
Steel - Contract 105, C#91942200. Funds for this project are
available in 292-402-001 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 33
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 106 - MISCELLANEOUS METALS
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Miscellaneous Metals - Contract 106, Alp
Steel Corp., C #91942100.
1. Additional metal work required on the orchestra
platform. Add $ 1,305.00
2. Provide a stainless steel guard for the lightning
protection cable and a steel protector at the interior
fire alarm panel. Add $ 736.00
The foregoing change results in a net increase in the contract
of Two Thousand Forty One and 00/100 Dollars ($2,041.00).
Summary: Original Amount of Contract
$ 369,700.00
Net Change by Previous Change Orders
$ 36,767.00
Contract Sum Prior to This Change Order
$ 406,467.00
Amount of This Change Order (#6) Add
$ 2,041.00
New Contract Sum to Date
$ 408,508.00
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 available in CPF 292-
402-001 - 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.
That the above communication from the Commissioner of
Public Works dated July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 6, to Alp Steel Corp., an
increase in the amount of $2,041.00, as more fully described
in the above communication, for work relating to Shea's
Performing Arts Center, Stage Expansion Project,
Miscellaneous Metals - Contract 106, C#91942100. Funds for
this project are available in 292-402-001 - Division of
Buildings.
PASSED
AYES -12 NOES - 0
Page 21
99-0713.txt
NO. 34
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 107 - ROOFING
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Roofing - Contract 107, Progressive Roofing,Inc., C
#91938300.
1. Additional canopy roof work when the Main Street
Courtyard was modified by the Project Architect.
Add $ 2,800.00
2. Install a membrane type roof system to waterproof
the existing foundation wall of the Clarkson Institute.
Add $ 1,968.00
The foregoing change results in a net increase in the contract
of Four Thousand Seven Hundred Sixty Eight and 00/100
Dollars ($4,768.00).
Summary:Original Amount of Contract $ 360,000.00
Net Change by Previous Change Orders $ (8,266.00)
Contract Sum Prior to This Change Order$ 351,734.00
Amount of This Change Order (#3) Add $ 4,768.00
New Contract Sum to Date $ 356,502.00
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 available in CPF 292-402-001 - 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 July 7, 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 Alp Steel Corp., an
increase in the amount of $4,768.00, as more fully described
in the above communication, for work relating to Shea's
Performing Arts Center, Stage Expansion Project, Roofing -
Contract 107, C#91938300. Funds for this project are
available in 292-402-001 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 35
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 108 - WINDOWS AND ENTRANCES
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Windows and Entrances - Contract 108,
Krug's Glazing Services, Inc., C #91943000.
1. Credit for labor on the louver installation associated
with the Dimmer Room relocation.
Deduct $ 177.00
2. Increase the thickness of the glass at the skylights
from 3 Omm to 1/4" per each layer. Add $ 1,909.00
3. Modify louver L-5 to allow for better air flow.
Add $ 433.00
Page 22
99-0713.txt
The foregoing change results in a net increase in the
contract of Two Thousand One Hundred Sixty Five and
00/100 Dollars ($2,165.00).
Summary: Original Amount of Contract
$ 106,750.00
Net Change by Previous Change Orders $ (6,020.00)
Contract Sum Prior to This Change Order$ 100,730.00
Amount of This Change Order (#2) Add $ 2,165.00
New Contract Sum to Date$ 102,895.00
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
(Cirninelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for
this work are available in CPF 292-402-001 - 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 June 30, 1999, be received and filed;
and That the Commissioner of Public Works be, and he
hereby is authorized to issue change order No. 2, to Krug's
Glazing Services, Inc., an increase in the amount of
$2,165.00, as more fully described in the above
communication, for work relating to Shea's Performing Arts
Center, Stage Expansion Project, Windows and Entrances -
Contract 108, C#91943000. Funds for this project are
available in 292-402-001 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 36
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 109 - CARPENTRY, DRYWALL,
CEILINGS, ETC.
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Carpentry, Drywall, Ceilings, etc., Contract 109,
Boxhorns-Division of Huber Const., C #91938400.
1 .Door and drywall work required for Code Compliance.
Add $ 4,031.00
2. Installation of temporary enclosures in order to main
tain heat during winter construction. Add $ 809.00
3. Rebuild the orchestra platform and provide new
finish trim. Add $ 13,693.00
4. Carpentry work associated with cutting into the fur
vault from the existing basement electrical room to
allow Shea's access to this area. Add $ 1,571.00
The foregoing change results in a net increase in the contract
of Twenty Thousand One Hundred Four and 00/1 00 Dollars
($20,104.00).
Summary: Original Amount of Contract
$ 590,940.00
Net Change by Previous Change Orders
$(124,427.00) Contract Sum Prior to This Change Order
$ 466,513.00
Page 23
99-0713.txt
Amount of This Change Order (#7) Add $ 20,104.00
New Contract Sum to Date $ 486,617.00
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 available in CPF 292-402-001 - 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 July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 7, to Boxhorns-Division
of Huber Const., an increase in the amount of $20,104.00, as
more fully described in the above communication, for work
relating to Shea's Performing Arts
Center, Stage Expansion Project, Carpentry, Drywall,
Ceilings, etc., - Contract 109, #91938400.
Funds for this project are available in 292-402-001 - Division
of Buildings.
PASSED
AYES -12 NOES - 0
NO. 37
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 111 - WALL FINISHES
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Wall Finishes - Contract 111, Sigma Painting of NY,
Inc., C #91941200.
1 .Paint new toilet room in basement of the existing
building. Add $ 370.00
2. Delete painting at the Storage Mezzanine 224.
Deduct $ 400.00
3. Paint the concrete floor in the trap room.
Add $ 326.00
4. Labor credit not to paint the stage floor. Paint
given to Shea's for painting by them.
Deduct $ 1,776.00
The foregoing change results in a net decrease in the
contract of One Thousand Four Hundred Eighty and 00/100
Dollars ($1,480.00).
Summary: Original Amount of Contract
$ 83,600.00
Net Change by Previous Change Orders $
(583.00)
Contract Sum Prior to This Change Order $
83,017.00
Amount of This Change Order (#4) Deduct $ (1,480.00)
New Contract Sum to Date $ 81,537.00
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 available in CPF 292-
402-001 - Division of Buildings.
Page 24
99-0713.txt
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to the
contractor as set forth above.
That the above communication from the Commissioner of
Public Works dated June 25, 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 Sigma Painting of
NY, Inc., a decrease in the amount of $1,480.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Expansion Project,
Wall Finishes - Contract 111, #91941200. Funds for this
project are available in 292-492-001 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 38
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 116 - PLUMBING
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Plumbing - Contract 1 1 6, A. Gareleck &
Sons, Inc., C #91941500.
1 .Credit to revise the routing of the site plumbing due
to the courtyard revisionsDeduct $ 12,229.00
2. Heaters and gas line work required to provide
temporary heat during winter construction. Some
of this cost is being backcharged to the HVAC
contractor. Add $ 13,646.00
3. Remove the existing house system from the booster pump
piping. Add $ 565.00
The foregoing change results in a net increase in the contract
of One Thousand Nine Hundred Eighty Two and 00/100
Dollars ($1,982.00).
Summary: Original Amount of Contract
$ 357,000.00
Net Change by Previous Change Orders $ 81,226.00
Contract Sum Prior to This Change Order $ 438,226.00
Amount of This Change Order (#7) Add $ 1,982.00
New Contract Sum to Date $ 440,208.00
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 available in CPF 292-402-001 - 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 July 2, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 7, to Gareleck & Sons,
Inc., an increase in the amount of $1,982.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Expansion Project,
Plumbing - Contract 116, #91941500. Funds for this project
are available in 292-402-001 - Division of Buildings.
PASSED
Page 25
99-0713.txt
AYES -12 NOES - 0
NO. 39
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 119 -ELECTRICAL
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage Expansion
Project, Electrical - Contract 119, Frey Electric
Construction Co., Inc., C #91938700.
1 .Lighting changes made when the Main Street
Courtyard was modified by the Project Architect.
Add $ 1,648.00
2. Provide a disconnect to a compressor on the
existing air conditioning units in the sub-basement.
Add $ 416.00
3. Remove unused electrical conduits at the orchestra
platform Add $ 835.00
4. Change the cable tray to a UL labeled assembly
for code compliance. Add $10,335.00
5. Backcharge to this contractor for ceiling tile damage
corrected by others. Deduct $ 475.00
The foregoing change results in a net increase in the
contract of Twelve Thousand Seven Hundred Fifty Nine
and 00/100 Dollars ($12,759.00).
Summary: Original Amount of Contract
$1,947,700.00
Net Change by Previous Change Orders $
56,007.00
Contract Sum Prior to This Change Order
$2,003,707.00
Amount of This Change Order (#8) Add $ 12,759.00
New Contract Sum to Date
$2,016,466.00
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 available in CPF 292-402-001 - 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 July 7, 1999, be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 8, to Frey Electric
Construction Co., Inc., an increase in the amount of
$12,759.00, as more fully described in the above
communication, for work relating to Shea's Performing Arts
Center, Stage Expansion Project, Electrical - Contract 119,
#91938700. Funds for this project are available in 292-402-
001 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 40
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
Page 26
99-0713.txt
AND ADVERTISE FOR PROPOSALS FOR THE
LOVEJOY DISTRICT CURBS, SIDEWALKS & STREET
PAVING GROUP #495
I hereby request permission from your Honorable Body to
prepare plans, specifications and advertise for sealed
proposals for Lovejoy District Curbs, Sidewalks & Street
Paving, Group #495. This project was approved for one
million dollars as part of the 1998-1999 Capital Improvements
Budget and will involve the replacement of deteriorated
curbing, sidewalk, street paving and associated items.
MRS. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated July 7, 1999 be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to prepare plans, specifications and advertise for
sealed proposals for Lovejoy District Curbs,
Sidewalks and Street Paving, Group 495. Funds for this
project were approved for one million dollars as part of the
1998-1999 Capital Improvements Budget.
PASSED
AYES -12 NOES - 0
NO. 41
REV. J. CHAVIS WATER PROBLEMS ETC. 340 PRATT
ST.
The Division of Water received a complaint from
Reverend Chavis on October 6, 1998, at approximately
5:05 p.m., that water was entering the basement at 340
Pratt Street. After investigating the area for leaks, it was
determined, as Rev. Chavis stated in his letter, that the
water was coming from a broken service at 423 Hickory
Street. That property was at that time and still is privately
owned. Section 491-21 of the City Charter requires the
property owner to maintain and repair their service line(s).
However, because of the emergency condition and
because the house was vacant, the Division of Water
excavated the service and capped it inside the curb line on
October 8, 1998.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 42
SQUAW ISLAND PROJECT
(SEQR) AND FULL ENVIRONMENTAL
Attached for your Honorable Body's review is a full SEQR
and EAF for the Squaw island Remediation Project-Our
department is requesting lead agency designation for the
project as we are in the process of closing the Squaw Island
Landfill according to 6 NYCRR Part 360 and developing the
space as a waterfront park.
All involved agencies have 30 calendar days to review and
comment to request for lead agency designation and the full
EAF.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 43
SIGN IN PUBLIC RIGHT-OF-WAY
This department has received the attached request from
Going South to install a welcome sign within the public right-
Page 27
99-0713.txt
of-way on Potters Road. This department does not have any
objections for the placement of such sign provided it is
installed in accordance with conditions set by the
Commissioner of Public Works.
Common Council autumization of this sign is required as it is
an encroachment on right-of-way.
PASSED
AYES -12 NOES - 0
NO. 44
PROPOSED COUNCIL RESOLUTION
UNDERGROUND STORAGE TANKS
As a result of a complaint the United States EPA
investigated Underground StorageTanks throughout all fire
facilities in the City of Buffalo. In addition to determining if the
tanks had been upgraded with regards to the regulations
effective December 22, 1998, they were also investigating
Tank Registration and Tank Monitoring compliance.
Both the State and Federal governments have concurrent
jurisdiction with regard to tanks of 1,100 gallons or more,
however, tanks between 1,100 and 110 gallons fall exclusively
within the jurisdiction of the United States EPA.
As a result of the findings, the United States EPA has been
prosecuting the City with regards to numerous tanks owned by
the City and operated by the Fire Department and other
agencies. NYSDEC has jurisdiction over two of these
facilities and has take over the prosecution. NYSDEC is
offering the City to hold any fines in abatement provided that
we remove inactive tanks at the non-compliant facilities prior
to October of 1999. The penalties would be $12,500 for the
tanks at Engine 25 as well as the Delevan Armory. The City
Architect has bid out the work for the removal of the tanks at
Engine 25 and this work which is required to be done is before
the Council by communication dated July 7, 1999.
In addition, the removal of the tanks at the Delevan Armory
was part of the demolition bid for the buildings and the
estimated cost of this portion of the project is approximately
$5,000, It is respectfully requested that the Commissioner of
Public Works be authorized to enter into an agreement with
the NYSDEC .
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works dated July 9, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to enter into an agreement with the NYSDEC.
PASSED
AYES -12 NOES - 0
NO. 45
WATER BILL - 12 COLONIAL CIRCLE
ITEM NO. 86, C.C.P. 6/15/99
I have reviewed the water account history for the
referenced address. Our records indicate that on
March 19N the Division of Water made an adjustment of
$460.52. This was due to the difference in the remote read
and the actual meter at the time of change-out.
Based on the information presented, there is no compelling
reason to reduce this bill any further. We suggest that the
property owner make arrangements with American Anglian on
a payment plan as soon as possible. At the present time, this
bill totals over $3,700 of which $3,300 is for interest and
commission charges. The longer the property owner
Page 28
99-0713.txt
delays, the more commission will be added to this
account.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 46
APPT. ACCOUNT CLERK TYPIST (INTER)
Certificate of Appointment Appointment Effective: June 28,
1999 in the Department of Public Works Division of
Water to the Position of Account Clerk-Typist provisional
appointment at the second step of $23,526
Lisa Capell, 1536 Delaware Avenue, Buffalo, 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 47
"J. ROWE - PROPOSAL - PROJ. FOR CHANGE - LAW
ENFORCEMENT PERSONNEL"
CORN. #43, C.C.P. MAY 4,1999]
In response to the above referenced item, the draft proposed
project contains issues for discussion that are timely and
appropriate for Contemporary Law Enforcement.
Upon thorough review of the proposal as submitted, I would
have to recommend that a more detailed proposal be
completed, providing clarification and specifics; including
citations, background literature and course outlines. I would
also be interested in information relative to other
similar type projects undertaken, and final outcomes of such
projects.
Due to the fact that this would be a major undertaking for the
Department, until such time further in-depth and background
information about this proposed project can be provided, I
am unable one way or another to take a position on behalf of
the Buffalo Police Department.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION
NO. 48
RACE BASED TRAFFIC STOPS
ITEM #144, CCP MAY 18,1999
Attached you will find annual statistical reports (1995-1998)
as well as January – May 1999, relative to traffic summonses
issued by District/Unit and categorized by specific violations
cited. We do not document specific reasons for or results of
traffic stops.
The Administration of the Department is in the process of
exploring methods of gathering statistical data that can
measure "Race-Based Traffic Stops" that are based on other
than self reported" data, due to the obvious inherent issues
that can be raised as a result of such reporting.
The Department is also taking a pro-active approach in
addressing training issues relative to Profiling Race-Based
Traffic Stops.
The Department is in the process of completing a Search and
Seizure training bulletin that will be issued to every
member of the Department (attached). The training
bulletin will be followed by an irAervice training video
that will be developed with input and assistance from
The Erie County District Attorney's office.
The Department has recently began participating in a
Program developed by the Erie County Chiefs of
Police Association in conjunction with the National
Conference for Community and Justice (attached), which
Page 29
99-0713.txt
deals specifically with educating both Law Enforcement
Officers and the community concerning traffic stops,
and more generally on diversity in the community.
The Commissioner's office is in the process of forming a
Committee which will be comprised of members of the
Commissioner's Advisory Group, community leaders and
Police personnel. The purpose of the committee will be to
enhance police/community relations and address current
issues affecting the community.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 49
GRANTS
HUD NEW APPROACH ANTI-DRUG PROGRAM
Shoreline Apartments has secured grant funds
from the Department of Housing and Urban
Development for the new approach anti-drug program.
HUD will sponsor this program for a two-year period.
The anticipated start-up of this project will be August
lst.
The Buffalo Police Department is part of this collaborative
effort and will work jointly with the security from
Buffalo Municipal Housing Authority, work with the
apartment's private security patrol, with the
DEA and with neighborhood residents to dismantle
drug traffickers operating within the targeted areas.
The areas include Shoreline Apartments, Mariner
Towers, Redwood and Pine Harbor. This
program entails high visibility, enforcement and
community empowerment.
As a result of this award, the City will be
reimbursed for any personnel expenditures over and
above regular patrol services associated with this
project up to a maximum of $152,190 over the two
years. We are asking your Honorable Body to
authorize the acceptance of these funds at your July
13th meeting so that there will be sufficient time to
fulfill our obligations in order to to begin August Ist.
If you require additional information, please contact
Maureen Oakley at ext. 4475.
Thank you for your immediate attention to this matter.
Mrs. LoTempio moved:
That the Commissioner of Police be and he hereby is
authorized to accept up to $152,190 over the years from the
Department of Housing and Urban Development for the new
approach anti-drug program.
PASSED
AYES 12 NOES 0
NO. 50
APPT. FIRE LT. (MAX)
Appointment effective: June 28, 1999 in the department of
fire to the position of Fire Lieutenant, permanent promotion
at the flat Starting salary of: $53,314
Michael S. Zarbo, 4008 Crescent, N. Tonawanda, 14120
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 51
COB VS OPHELIA PAYNE ETC.
Page 30
99-0713.txt
ITEM NO. 24, C.C.P., 3/23/99
On October 17, 1995, a motor vehicle owned by Ophelia
Payne and operated by Lachria E. Clay struck a police vehicle
containing Police Officer Pamela Harris in the intersection
of Oak and South Division Streets. The accident report
indicates that the police vehicle proceeded through
a red light with lights and sirens on and in operation, while
the defendant went through a green light. The police vehicle
was damaged in the amount of $2,206.04 (the property
damage claim has been paid in full), and the police officer
was injured and unable to work for a period of time following
the accident. Pursuant to the provisions of the General
Municipal Law, the City paid, in excess of no-fault insurance
benefits, this on-duty police officer during the period of her
disability, in which she missed 229 working days as a result of
her back injury. Officer Harris also has a claim for pain and
suffering against the other party.
After considerable discussions, Lawrence Schwach, the
attorney for Police Officer Pamela Harris, stated that the
insurance carrier for Ms. Payne has offered $10,000.00,
which is the personal injury limit for this policy, to settle Officer
Pamela Harris' claim. Out of this settlement offer,
Officer Harris would receive $5,200.00 for her injuries, her
legal fees would amount to $3,300.00 and the City of
Buffalo would receive $1,500.00.
If this matter were to go to trial, comparative negligence would
likely be all issue. The pertinent provision of the Vehicle &
Traffic law requires the driver of an emergency vehicle "to
drive with reasonable care for all persons using the highway".
Vehicle & Traffic Law Section 144(b). A judge orjury could
find fault with the operator of the City vehicle and either
preclude recovery altogether or decrease any recovery in
accordance with that fault.
In view of this, the limited amount of insurance and the costs
of attempting to prove this matter at trial, including, court time
for witnesses and medical testimony, the Corporation
Counsel recommends settlement in the amount of $1,500.00
payable to the City of Buffalo. A similar
settlement was previously entered into and approved relating
to Police Officer Ivy James, the other occupant of the
police vehicle.
Mrs. LoTempio moved:
That the above communication from the Corporation Counsel
dated July 1, 1999, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized
to settle City of Buffalo v. Ophelia Paynce in the amount of
$2,500.00 payable to the City.
PASSED
AYES -12 NOES - 0
NO. 52
ENTERTAINMENT TICKET FEE REVENUE -
PRIME SEATS, INC.
ITEM NO. 8, C.C.P., 6/29/99
You requested a response from the Law Department
regarding the efforts of the Corporation Counsel to collect the
outstanding entertainment ticket fee revenue owed to the
City by Prime Seats, Inc.
On behalf of the City, the Corporation Counsel
commenced an action against Prime Seats, Inc., Spirit of
America, Inc., Pate & Associates, Irwin D. Pate and Clarine
Page 31
99-0713.txt
M. Pate on January 16, 1998. The Complaint against the
above named defendants listed ten causes of action
alleging breach of contract for numerous agreements with
the City relating to the five percent (5%) ticket surcharge,
conversion of the funds received by the defendants, but
never paid to the City, negligence and other actions related to
the failure or inability of the defendants to pay the City.
On July 30, 1998, the Law Department contacted counsel
for the defendants to seek a potential judgment or
payment arrangement against the defendants. Counsel for
the defendants are alleging that the defendants do not have
the assets to pay the City. On July 1, 1999, this
department forwarded notices to take depositions of Irwin
D. Pate and Clarine M. Pate. The depositions are
presently scheduled for August 18, 1999.
Pursuant to the Section 141-4 of the Code of the City of
Buffalo, we recommend that the City not contract or in any
way do business with any of the named defendants until all
outstanding debts are resolved. We will keep the Council
apprised of any progress made in this matter.
REFERREDTO THE COMMITTEE ON FINANCE
NO. 53
JAMES SPEAKES V. CITY OF BUFFALO AND
P.O. ROBERT MIDDLEBROOKS
SETTLEMENT
On November 23, 1994, a Buffalo police vehicle
driven by Officer Robert Middlebrooks was involved in an
accident at the intersection of Genesee and Bissell Streets
with a vehicle being driven by James Speakes. Officer
Clarence J. Sampson was a passenger in the Buffalo
police vehicle. Both officers were injured as a result of the
accident and were off work for a period of time
while recovering from their injuries.
The City sued Mr. Speakes to recover for wages we had
paid the injured police officers and for property damage to
the police car. Specifically, the City paid approximately
$5,000 in wages to Officer Middlebrooks during the period of
his recovery; approximately $8,500 to Officer
Sampson; and approximately $7,200 to repair the vehicle.
State Farm Insurance Company answered the City's
complaint and after completion of discovery the City has
received an offer of $2,500 to resolve this case. This office
recommends that the City accept the amount of $2,500
payable to the City for the following reasons.
First, in that the accident involves two motor vehicles, the city
cannot sue for the full amount of its claim because of
prohibitions contained in the no-fault insurance law.
Second, the facts of the accident warrant a compromise. It
is undisputed that the police vehicle did not have its lights
and sirens on even though two officers were responding
to an assault call. Mr. Speakes testified that the vehicle was
traveling at a high rate of speed when itentered the
intersection without lights or sirens and ran into his car. Mr.
Speakes was not convicted of any violation of the Vehicle and
Traffic Law. This scenario presents the type of case
where a jury would apportion some liability to the police
officers and some to Mr. Speakes. This would further
compromise the City's claim.
Finally, it is undisputed that neither officer had his seat belt on.
In all likelihood, this contributed to the officers' injuries and
this fact would reduce the City's claim even further.
Page 32
99-0713.txt
Based on the above, this office recommends that this case be
resolved by payment to the City of Buffalo of $2,500.
Mrs. LoTempio Moved:
That the above communication from the Corporation Counsel
dated July 1, 1999, be received and filed; and That the
Corporation Counsel be, and he hereby is authorized to settle
in the amount of $2,500.00 payable to the City relating to
James Speaks v. City of Buffalo and Police Officer Robert
Middlebrooks.
PASSED
AYES -12 NOES - 0
NO. 54
NEW BUFFALO INDUSTRIAL PARK
DISPOSITION PARCEL 5 - 1.5 ACRE
PORTIONREQUEST FOR APPROVAL OF LDA-
UPSTATE SYSTEMS, INC.
The City of Buffalo Urban Renewal Agency duly designated
Upstate Systems,Inc. and/or a 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 land to the
Redeveloper, which the Agency has designated as being
qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 55
NORTH BUFFALO COMMUNITY CENTER
PLAYAREA - REPORT OF BIDS
I hereby have asked for and received the following bids for
North Buffalo Community Center Playarea on July 8, 1999
COMPANY BID ALT.1 ALT.2 ALT.3
Gleason's Nursery $16,148 894. 641. 685.
Village Gr Landscaping $19,184 1190 875. 850.
Birch Grove Landscaping No Bid
I hereby certify that the foregoing is a true & correct statement
of the bids received. We are accepting the low base bid of
$16,148 plus add alternates 1, 2 and 3 for a total contract
amount of $18,368. Therefore, Gleason's Nursery, 4780
Sheridan Drive, Williamsville, New York is the lowest
responsible bidder in accordance with the plans &
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specifications:
I recommend that Your Honorable Body authorize the City to
order the work on the basis of the low bid. Funds for this work
are available in Bond Fund Account 203-717-003.
That the above communication from the Commissioner of
Community Development dated July 8, 1999, be received and
filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to award a contract for North Buffalo
Community Center Playarea, to Gleason's Nursery, the lowest
responsible bidder, in the low base bid of $16,148 plus add
alternates 1, 2 and 3 for a total contract amount of $18,368.
Funds for the project are available in Bond Fund Account 203-
717-003.
PASSED
AYES -12 NOES - 0
NO. 56
MONTHLY REPORT OF LICENSES ISSUED IN
APRIL AND MAY 1999
I am respectfullv submitting the enclosed report of licenses
issued in the months of April and May 1999 bv the Division of
Inspections, Licenses and Permits.
Permission to Hire Consultants
Various Projects and Bid
I hereby request permission Of Your Honorable Body to
authorize the Commissioner of Community Development to
engage the services of architectural/engineering consultants,
and receive bids, for the following projects:
Office Johnnie B. Wiley Sports Pavilion, C.P.A. 200-717-094
Approx. $275,000
Restroom and Meeting Room Eddie Dawson Park,
C.P.A. 203-717-003 $200,000
'98 - '99 C.P.A. $150,000
We are presently in negotiations for the design services as
required, but no final contract amounts have been determined.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated July 7, 1999 be received and
filed; and That the Commissioner of Community Development
be, and he hereby is authorized to engage the services of
architectural/engineering consultants, and receive bids for
Office Johnnie B. Wiley Sports Pavilion and Restroom and
Meeting Room at Eddie Dawson Park. Funds for these
projects are available in C.P.A. 200-717-094 and
203-717-003.
PASSED
AYES -12 NOES - 0
NO. 57
PERMISSION TO HIRE CONSULTANTS
VARIOUS PROJECTS AND BID
I hereby request permission of Your Honorable
Body to authorize the Commissioner of Community
Development to engage the services of
architectural/engineering consultants, and receive bids, for the
following projects:
Office Johnnie B. Wiley Sports Pavilion
C.P.A. 200-717-094Approx.$275,000
Restroom and Meeting Room Eddie Dawson Park
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99-0713.txt
C.P.A. 203-717-003$200,000
'98 - '99 C.P.A. $150,000
We are presently in negotiations for the design services as
required, but no final contract amounts have been determined.
Mrs. LoTempio moved:
That the above communication from the Commissioner Of
Community Development dated July 7, 1999 be received and
filed-, and
That the Commissioner Of Community Development be and h
h authorized to engage for Office Johnnie B, hereby is the
services of architectural/engineering consultants, and receive
bids Wiley Sports Pavilion and Restroom and Meeting Room
at Eddie Dawson Park. Funds for these projects are available
in C.P.A. 200-717-094 and 203-717-003.
PASSED
AYES -12 NOES – 0
NO. 58
REV. J. CHAVIS, WATER PROBLEMS, ETC 340 PRATT
ST.
In response to the above stated Common Council
Communication, I would like to supply your honorable body
with the following information. The Demolition of 423 Hickory
was performed under a private contract. The
Demolition Contractor has been fined for working without a
permit and has been attempting to resolve this situation. As
of this writing, a representative of the Division of Inspections,
Licenses and Permits has contacted the Demolition
Contractor and has been informed the sewer and water
termination has been scheduled for June 25, 1999. It is my
sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 59
REPORT OF AUCTION - BID
645 WOODLAWN, 434' W FILLMORE
Lot Size: 30' x 103'
Assessed Valuation: Land - $2,000
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
645 Woodlawn $ 750.00 Mrs. Toni DuBois
717 Humboldt Parkway, Buffalo, New York 14208
The subject property consists of a two family dwelling. The
property was acquired by the City of Buffalo through tax
foreclosure in 1995. 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,
liens or building code violations owed to the City of Buffalo by
the purchaser. Mrs. DuBois has provided sufficient proof of
her financial ability to acquire and repair the property.
I am recommending that Your Honorable Body approve the
bid of Mrs. Toni DuBois in the amount of Seven Hundred Fifty
Dollars ($750.00). I am further recommending that the
Corporation Counsel prepare the necessary documents for
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the transfer for title and that the Mayor by authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 60
REPORT OF AUCTION - BID
422 DODGE, 65.32' W PERSHING
Lot Size: 321 x 120'
Assessed Valuation: Land - $2,100
Total 12,000
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
422 Dodge $ 300.00 Mrs. Toni G. DuBois,
717 Humboldt Parkway, Buffalo, New York 14208
The subject property consists of a two family dwelling
acquired by the City of Buffalo in 1998. 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,
liens or building code violations owed to the City of Buffalo by
the purchaser. Mrs. DuBois has provided sufficient proof of
her financial ability to acquire and repair the property.
I am recommending that Your Honorable Body approve the
bid of Mrs. Toni DuBois in the amount of Three Hundred
Dollars ($300). 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 TOTHE COMMITTEE ON FINANCE
NO. 61
REPORT OF AUCTION - BID
13 LYTH STREET, 35.501 W ADA
Lot Size: 291 x 731, Assessed Valuation: Land - $1,200
Total 17,300, 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
13 Lyth $ 800.00 Mrs. Toni DuBois, 717
Humboldt Parkway, Buffalo, New York 14208
The subject property consists of a two family dwelling. The
property was acquired by the City of Buffalo through tax
foreclosure in 1998. 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, liens or building code violations owed to the City
of Buffalo by the purchaser. Mrs. DuBois has
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provided sufficient proof of her financial ability to acquire and
repair the property.
I am recommending that Your Honorable Body approve the
bid of Mrs. Toni DuBois in the amount of Eight Hundred
Dollars ($800.00). 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.
REFERREDTOTHE COMMMEE ON FINANCE
NO. 62
REPORT OF AUCTION - BID
2002 FILLMORE
Lot Size; 30'x 125,Assessed valuation: Land $3,200
Total $26,100
On May 27th, 1999, the Comptroller's Office and the
Department of Community Development held a public
auction. Following due notice and advertisement,
the following bid was received for the above
captioned property:
ADDRESS BID AMOUNT PURCHASER
2002 Fillmore $550 Mr. Michael Ridgeway
40 Swinburne, Buffalo, N.Y. 14212
The subject property consists of a two family dwelling
acquired by the City of Buffalo through tax foreclosure in
1995. The purchaser intends to acquire, repair,
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 building code violations or taxes or liens
owed to the City of Buffalo by the purchaser. Mr.
Ridgeway 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. Michael Ridgeway in the amount of Five
Hundred Fifty Dollars ($550) . 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. 63
REPORT OF AUCTION - BID
78 FARGO, 35' NW PENNA
Lot Size: 85'x 85'
Assessed Valuation: Land $11,400
Total $120,000
On May 27 th, 1999, the Comptroller's Office and the
Department of Community Development held a public
auction. Following due notice and advertisement,
the following bid was received for the above captioned
property:
ADDRESS BID AMOUNT PURCHASER
78 Fargo $12,500 Mr. Guillermo Ruiz, 36
Fargo, Buffalo, New York 14201
The subject property consists of a twelve-unit apartment
dwelling acquired by the City of Buffalo through tax
foreclosure in 1998. The purchaser intends to acquire,
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99-0713.txt
repair, 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
building code violations or taxes or liens owed to the City of
Buffalo by the purchaser. Mr. Ruiz 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. Guillermo Ruiz in the amount of Twelve
Thousand Five Hundred Dollars ($12,500) . 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 T 0 THE COMMITTEE ON FINANCE
NO. 64
REPORT OF AUCTION - BID
246 SCHUELE, 447' S. DELAVAN
Lot Size; 32'x 140'
Assessed Valuation: Land $2,900
Total $30,000
On May 27 th, 1999, the Comptroller's Office and the
Department of Community Development held a public
auction. Following due notice and advertisement,
the following bid was received for the above
captioned property:
ADDRESS BID AMOUNT PURCHASER
246 Schuele $2,050 Mr. Michael Ridgeway,
40 Swinburne, Buffalo, N.Y. 14212
The subject property consists of a two family dwelling
acquired by the City of Buffalo through tax foreclosure in
1995. The purchaser intends to acquire, repair, 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
building code violations or taxes or liens owed to the City of
Buffalo by the purchaser. Mr. Ridgeway 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. Michael Ridgeway in the amount of Two
Thousand Fifty Dollars ($2, 050) . 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. 65
REPORT OF AUCTION BID
75 VERPLANCK, 168 S WOODLAWN
Lot Size: 26' x 100'
Assessed Valuation: Land $1,300
Total $12,900
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On May 27 th , 1999, the Comptroller's Office and the
Department of Community Development held a public
auction. Following due notice and advertisement, the
following bid was received for the above captioned
property:
ADDRESS BID AMOUNT PURCHASER
75 Verplanck $1,000 Brian Burton
217 Kenville Rd., Cheektowaga, N.Y. 14215
The subject property consists of a one family dwelling
acquired by the City of Buffalo through tax foreclosure in
1997. The purchaser intends to acquire, repair, 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
building code violations or taxes or liens owed to the City
of Buffalo by the purchaser. Mr. Burton 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. Brian Burton 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. 66
RESULTS OF NEGOTIATIONS
206 RILEY, 181' E MASTEN
Vacant Lot: 331 x 1061
Assessed Valuation: $1,700
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase from
Mrs. Rebecca Patterson, 198 Riley Street, Buffalo, New York
14208. Mrs. Patterson owns and resides in a one
family dwelling at 198 Riley and also owns the vacant lot at
200 Riley, which adjoins 206 Riley. Mrs. Patterson intends
to fence in the area and expand her yard. 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 Burnette of Arrow
Appraisal, 3790 Broadway Street, Cheektowaga, New York
14227. He has estimated the value of the parcel to be Three
Hundred Dollars ($300), Eight Cents (.8) a square foot. The
Division of in-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 Ms. Patterson has
agreed and is prepared to pay One Thousand Dollars
($1,000), Twenty-Nine Cents (.29) a square foot, for this
parcel. She 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 206 Riley Street to Mrs. Rebecca Patterson in the
amount of One Thousand Dollars ($1,000). I am further
Page 39
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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. 67
RESULTS OF NEGOTIATIONS
260 SMITH, 85.50 N OF ELK
VACANT LOT: 39' X 601
ASSESSED VALUATION: $1,900
The Department of Community Development, Division of
In-Rem Properties, has received a request from Mr. Samir
Khoury, 206 Elk Street, Buffalo, New York 14210, to
purchase the above captioned vacant lot. Mr. Khoury owns
and operates a food shop at 206 Elk Street, which abuts 260
Smith Street. He intends to expand and secure the area next
to his business.
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
Janine Sireika of All Points Appraisals, 3790 Broadway
Street, Buffalo, New York 14227. She has estimated the
value of the parcel to be Five Hundred Dollars ($500), or
Twenty-One Cents (.21) a square foot. The Division of
In-Rem Properties has investigated the sales in similar
properties in the subject area. Sale prices range from Thirty-
Three Cents (.33) a square foot to Sixty-Six Cents ($.66) a
square foot.
The results of our negotiations are that Mr. Khoury has agreed
and is prepared to pay One Thousand Dollars ($1,000), which
is Forty-Two Cents (.42) a square foot, for this parcel. Mr.
Khoury 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 260 Smith Street to Mr. Samir Khoury for 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. 68
SCHILLER PARK IMPROVEMENTS/
RECONSTRUCTION; STACHOWSKI PARK
IMPROVEMENTS
SEQR NEGATIVE DECLARATIONS
Negative Declarations for the above-referenced projects
are hereby filed with your office in accordance with Section
617.12 of the New York State Environmental Quality Review
Act. If you should have any questions, please contact
Gregory Bernas in the Division of Planning at 851-5083.
Thank you.
RECEIVED AND FILED
NO. 69
APPT. PRINCIPAL PLANNER
AppointmentEffective: July 7,1999 in the Department of
Community Development, Division of Planning to the
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Position of Principal Planner Permanent
at the: Maximum (step 5), Starting Salary of: $ 48,484.
William Grillo, 26 Edgewood Ave., Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 70
MEMO OF AGREEMENT AFSCME LOCAL 650 & COB
Please accept for late filing the enclosed original and three
(3) copies of the negotiated collective bargaining agreement
between the City of Buffalo and AFSCME Local
650, covering the time period July 1, 1998 - June 30, 2001.
The agreement has been ratified by the Union.
PASSED
AYES -12 NOES - 0
NO. 71
APPT. ADMIN. ADJ. ASSISTANT DIRECTOR
Appointment Effective: July 5, 1999, in the
Department of Administration & Finance, Division
of Administrative Adjudication to the Position of
Assistant Director: Appointment at the: Maximum
Starting Salary of $39,967
Linda L. Scott, 88 Rebecca Park, Buffalo, NY 14207
PASSED
AYES -12 NOES - 0
NO. 72
SUMMARY OF MINORITY HIRING PRACTICES BY HSPR -
DIVISION OF PARKS
(JANUARY 1, 1994 TO PRESENT)
LABORER 11 Non-Competitive Positions
I -Permanent appointments to Laborer II
Total appointments 12
5 Wm
6 BM
I HM
2- Temporary* appointmentstoLaborerll (Current)
Total positions 4
3 BM
1 Vacant
(Temporary fill-in for
Permanent employees on
Leave of Absence.
Employee eligible for
benefits after 6 mos in
position)
3- Seasonal Laborer II (Current
Total positions 9
No benefits/$6.92/hour/40 hours (12 months)
4 WM
I WF
3 BM
I vacant
4- Seasonal Laborer 11 (Current)
Total positions
No Benefits/$6.92/hour/25 hours (12 months)
2 BM
I BF
2 --WM
5- SeasonalLaborerll (Current)
Total positions = 7
No Benefits/$6.92/hour/40 hours (6 months)
Page 41
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4 WM
I BM
I HM
I HF
6- Other minority promotions:
A: From Laborer II to P.U.W. (Competitive) =2
1-- BM (Permanent Promotion)
1—1HM (TemporaryPromotion)
B: FromLaborerlltoRecreationCo-ordinator(non-competitive)
=1
1 BM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 73
APPOINTMENT - SR. DEPUTY COMMISSIONER,
PARKS AND RECREATION
I hereby appoint James J. Nowicki, residing at 47
Windsor Avenue, Buffalo, New York 14209 to the position of
Sr. Deputy Commissioner, Parks and Recreation,
effective July 1, 1999. Nowicki has an extensive background
within the Department for 30 years and for over
the last 5 years as Director of Recreation. He has an
extensive accounting background.
Mr- Nowicki's experience includes organizing and serving on
many committees involving the youth of our area including the
Police Athletic League of Buffalo and co-chairs the Ohnsted
Winterfest. In addition, he takes an active role in
organizing many Road races throughout the area and also
serves as a basketball official.
During his tenure as Recreation Director, Jim has
spearheaded efforts to provide additional training to our
employees in the most effective and current baseball
diamond maintenance procedures. He has in fact, performed
the duties of a Deputy Commissioner for Parks and
Recreation since his appointment as Director of Recreation.
I hereby certify the Mr. James J. Nowicki is My qualified to
serve as Sr. Deputy Commissioner, Parks and Recreation.
RECEIVED AND FILED
NO. 74
LBJ APARTMENTS INCIDENT OF 4/10/99
The following is submitted in response to your inquiry (
April 20, 1999), regarding the fire and water damage which
occurred at our LBJ Apartments on April 10,1999.
The fire originally started in Apartment # 101 7, while the
resident was cooking. The actual fire and its damage were
minimal. However, the incident activated the
automatic sprinkler (as it should have), which resulted in
excess water accumulation in that apartment and the I Oh
floor of the structure.
The Fire Department, in attempting to assist the Authority with
water removal, removed one or more toilets, with the idea that
the water could be evacuated quickly through the large drain
opening. We understand that this was a common practice in
the Fire Department. Unfortunately, this action caused water
to infiltrate between floors and walls, with resulting water
damage to both common areas and many apartments on the
tenth and lower floors.
All damages suffered to the apartments and belongings of
tenants have been either repaired or reimbursed. The Fire
Commissioner, after a meeting with Authority personnel, has
directed that the practice of removing toilet facilities for water
Page 42
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evacuation in our high rise buildings cease immediately. Any
problems we identified respecting water shut-off valves, have
been addressed and corrected. As a result, we should not
see further instances of small fires with resulting heavy water
damages in structures similar to this.
With respect to other concerns addressed in the Resolution,
this building has been fully inspected by outside sources, on
two occasions within the past 18 months, and has been
determined to meet all fire codes for high rise structures of
this VAX and date of construction; the safety of our tenants is
of paramount concern. As further evidence of this concern,
we recently cooperated with the Fire Department in the
installation of "Knox Boxes" at this and all our other high rise
buildings. This will allow even quicker access by responding
fire or emergency units. trust this responds to the concerns
raised in the Item. If additional information
is needed, I and my staff will respond as needed.
Respectfully, Buffalo Municipal Housing Authority
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 75
1999-2000 BUDGET
Attached budget available in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 76
APPT LEG. ASST. TO THE CITY CLERK
I hereby appoint Linda L. Anderson, 38 AIbemarle, Buffalo,
NY 14207 to the position of Legislative Assistant to the City
Clerk at the annual salary of $29,890 effective July 1, 1999
ADOPTED
NO. 77
FROM: OFFICE OF TELECOMMUNICATIONS
RE: CORN. 103, C. C. P. JUNE 29, 1999 - "D. TERRY
RESPONSE RFP APOLLO"
In response to the above item I would like to state clearly
that this office has not issued any Request-For-Proposals
related to the Apollo Theater Project.
This office was requested to prepare a draft RFP for
consultant services related to the operations and management
of the Apollo. Such a draft was prepared, clearly labeled as
such, for internal review only. Typically RFPs are published
in the newspaper, and responses are kept sealed until a
formal public. They are not made available for public scrutiny
until a bid has been awarded.
Prior to such an RFP being issued, it would be necessary for a
policy decision to be made that such a course of action
should be followed, and funding would have to be identified.
To my knowledge, neither has been done at this point.
Furthermore, I should point out that this project is under the
jurisdiction of the Department of Public Works, not this
office. However, this office is keenly interested in the project,
since the primary use of the facility is expected to be Public,
Educational and Governmental Access.
Knowing that this will be a unique, highly specialized facility,
we have convened meetings of representatives from Public
Works, Robert Traynham Coles, BNN and others in an effort
to help the City prepare for the management of the Apollo.
We remain committed to providing any type of assistance
requested to ensure the ultimate success of this project.
Page 43
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REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 78
FROM: OFFICE OF TELECOMMUNICATIONS
RE: RES. 174, C. C. P. JUNE 29, 1999
"CREATE DOWNTOWN BUFFALO TECHNOLOGY
INITIATIVE"
This office concurs that creating a "Smart Downtown" could
be a tremendous economic development tool for the City of
Buffalo. The critical mass of users, well-developed
infastructure, reliable power, and many amenities of
downtown make the central business district ideal for such
development.
Much is already happening. Main Place-Liberty Tower
utilizes state-of-the-art technology to
deliver telecommunications services to its tenants.
Also, InfoTech Niagara, a coalition of computer and
technology firms in the region, is pursuing a smart building
project for downtown Buffalo. BERC has also begun
targeting high-tech companies with assistance programs.
However, it would be to the City's advantage to build on those
efforts and to help establish a "smart downtown" by
spearheading a public-private partnership which would
encourage the development of various of smart buildings,
each one offering an array of services designed to
accommodate a portion of the market. Since businesses
have distinct telecommunications needs and financial
resources, and each of these buildings could be designed to
appeal to a certain segment of the market.
I would suggest the following initiatives:
1. Continue to tailor existing economic development incentive
plans, or create new incentive packages,
designed to attract information technology companies and
encourage downtown buildings to enhance their
telecommunications capacity.
2. Establish standards to encourage building owners to
become wired to acconiodate high-tech companies.
This can be done by enacting new ordinances that will require
buildings in the central business district to include provisions
for telecommunications infrastructure upgrade as part of any
major renovation, or by establishing a series of voluntary
guidelines to advise and encourage building owners
to allow for advanced telecommunications services.
3. Bring together the telecommunications and info-tech
expertise that exists in the private sector
and in the area's educational institutions to assist the City and
businesses (especially smaller businesses) in the development
of this initiative. There are many organizations, businesses,
educational institutions and individuals that can be a
tremendous resource for this community, and they should be
an integral part of this initiative.
4. Promote the availability of this technology available in
Buffalo's central business district, both locally and throughout
the world, explaining how these services can help businesses
cut costs, become more efficient, and reach new markets.
The use of Internet would be especially helpful in promoting
the City to the info-tech sector.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 79
FROM: OFFICE OF TELECOMMUNICATIONS
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"Y2K PROBLEM" RES, 13 5, C. C. P. MARCH 23, 1999
At the request of the Common Council, this office convened
an ad hoc Y2K Task Force to help the City deal with the
Potential problems that may occur with some computers and
electronic equipment on January 1, 2000. The attendees
provided information programs and policies to ensure that
computer problems related to the Y2K bug will be kept to a
minimum, and some of those reports have been filed with the
City Clerk.
There is a high degree of confidence regarding the City's Y2K
preparations. We should not expect complete Y2K
compliance, largely due to the uncertainty related to the
embedded chips that are hidden in much electronic
equipment. However, it appears that the many months or
even years of planning by the involved entities has helped the
City make good progress toward preparing for the Year 2000.
The consensus of the group was that it was key for the City to
be able to respond to any unforeseen situations that may
occur. Members agreed that it was critical for all managers,
not just those directly related to information technology or
electronics, to be aware of potential impacts to ensure that
adequate staffing and resources will be available to address
any situations that might arise.
The group's recommendation was that Mayor Masiello be
requested to appoint a City of Buffalo Y2K Coordinator to
provide some oversight, guidance, advice and coordination to
City departments, as well as serve as a for the general public.
The Mayor has designated Public Works Commissioner
Joseph Giambra as the City's Y21K Coordinator.
RECEIVED AND FILED
NO. 80
FROM: OFFICE OF TELECOMMUNICATIONS
RE: BCTV RECEIVERSHIP REPORT
Attached please find the final financial statement for BCTV
for the period ending May 31, 1999 prepared by James
Amato & Co.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 81
COM. # 98, C.C.P. JUNE 29, 1999 - "13. NOWAK - SEQRA
COMPLIANCE - VARIOUS PROJECTS - 50 GALVESTON"
The role of the Office of Telecommunications regarding
applications for wireless facilities is to help monitor the
process, ensuring that the correct process is followed
depending on the type of facility and its location. It is also
available to assist any involved department or the applicants.
The office has no authority to approve or deny such
applications. In the case of 50 Galveston, the applicant did
follow the proper procedure by applying for a restricted use
permit.
Here is a very basic summary of federal law as it relates to
this issue. Local zoning authorities can regulate the
placement, construction and modification of personal wireless
service facilities. However, they cannot unreasonably
discriminate among different providers, or have the effect of
prohibiting wireless service. A decision to deny should be
issued in "writing" be supported by substantial evidence.
In terms of environmental concerns, a denial cannot be based
upon potential health ramifications of radio frequency
emissions. However, the facilities are subject to review as
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they impact on other environmental issues such as visual
blight, birds kills, and construction-related concerns.
If you require any further information, please let me know.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 82
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons
applying for liquor licenses from the Erie County Alcohol
Beverage Control Board.
Address Business Name Owner's Name
141 Elm Street Zephel W. Owens Zephel W. Owens
1529 Fillmore Ave Jandy's Deli Jennifer Hamilton
RECEIVED AND FILED
NO. 83
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:
X Mayor/Mayor Executive- Gretchen Krieger
X Common Council- /City Clerk Linda Anderson
X public Works- /Water Michael AdLuski
x Police- Mary May
x Corporation Counsel- Sandra Nasca'
RECEIVED AND FILED.
NO. 84
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:
X Buffalo Sewer Authority
X City Planning Board
RECEIVED AND FILED.
NO. 85
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
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: July 6 1999In the Department of
Common Council to the Position of Intent V, Temporary
Non-Competitive at the: Flat Starting Salary of 8.00 per hr.
BRIANNA WILLIAMS, 147 HAMLIN, Buffalo, NY 14208
Appointment Effective: June 28, 1999 in the
Department of Common Council to the Position of
Intern V, Seasonal Non-Competitive, at the Flat Starting
Salary of $8.00/hr..
Sharon Alexander, 264 Glenwood Ave, Bflo NY 14208
Appointment Effective: June 23, 1999 in the
Department of Common Council to the Position of
Intern V, Temporary, Non-Competitive, at the Flat Starting
Salary of: $8.00 per hr.
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Amber Fagan, 9 Bennett Village, Buffalo, NY 14214
Appointment Effective: June 14, 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.
Tanya M. Hedgepeth, 266 E. Delavan Ave., Buffalo,
NY 14208
Appointment Effective July 06, 1999 in the
Department of Common Council, to the Position of
Intern III, Seasonal Non-Competitive, at the Flat Starting
Salary of: $6.00 per hr.
Sheldon Smith, 140 Bennett Village Terr Buffalo, NY 14214
Appointment EffectiveJuly 1,1999 in the Department of
Common Council to the Position of Intern III, Seasonal Non-
Competitive at the Flat, Starting Salary of: $6.00 per hr.
Kisha Hayes, 456 Norwood, Buffalo, NY 14222
Christopher Lengyel, 73 Baxter St., Buffalo, 14207
Brian Kavanaugh, 286 Baynes Ave., Buffalo, NY 14213
Laura Zuchlewski, 311 Roesch Ave., Buffalo, NY 14207
Appointment Effective: June 28, 1999, in the
Department of Common Council to the Position
of Intern III Seasonal, Non-Competitive at the
Flat Starting Salary of: $6.00 per hr.
Maria Cavalieri, 406 Baynes, Buffalo, NY 14213
Appointment Effective: June 22, 1999, in the
Department of Common Council to the Position of
Intern III, Seasonal Non-Competitive at the
Flat Starting Salary of: $6.00 per hr.
Joel Moore, 859 Humboldt, Buffalo, NY 14208
Appointment Effective June 14, 1999, in the Department
of Common Council to the Position of Intern III
Seasonal, Non-Competitive at the Flat
Starting Salary of $6.00 per hr.
Mary E. O'Donnell, 56 Mumford St. Bflo, N.Y. 14220
Appointment Effective July 7, 1999 in the
Department of Common Council to the Position of
Intern II, Seasonal, Non-Competitive at the Flat Starting
Salary of: 5.15/hr
Anton Mack, 433 Parker Avenue Buffalo, NY 14216
Shawnette Reid, 1437 Genesee Street, Buffalo, NY 14211
Raymond Beale, 84 New Amsterdam, Bflo, NY 14216
Gina Herman, 177 Howard Street, Buffalo, NY 14206
Lester Sconiers, 46 Chatham, Buffalo, NY 14216
Appointment Effective July 7, 1999 in the
Department of Common Council to the Position of Intern
II, Seasonal Non-Competitive at the Starting Salary of: $5.15
per hr.
Johnathon Dent, 34 Montana., Buffalo, NY 14211
Appointment Effective July 6, 1999 in the Department of
Common Council to the Position of Intern II, Non-
Competitive at the Flat Starting Salary of $ 5.15 per hr.
Brooke M. Fitzpatrick, 56 Depew Avenue, Buffalo, NY 14214
Mark C. Giglio, 578 Downing St., Buffalo, NY 14220
Jill M. Gilmour, 29 Carlyle Avenue, Buffalo, NY 14220
Mark J. Gugliuzza, 8 Delsan Court, Buffalo, NY 14216
John Tatta, 43 Tuscarora Road, Buffalo, NY 14220
Garry Weiss, 914 South Park Ave, Buffalo, NY 1421 0
Erin A. Willard,116 Culver Road, Buffalo, New York 14220
Kelly Wischnewski, 471 McKinley Pkwy, Buffalo, NY 14220
Brian K. Woodard, 5 Courtland Ave, Bflo NY 14215
Regina James 14 Godfrey St, Buffalo, NY 14215
Malikka Bailey, 269 E. Delavan Bflo, NY 14208
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Kofi Arnpadu, 255 Hewitt, Buffalo, NY 14215
Dorian Rowe, 121 Easton Ave., Buffalo, NY 14215
Claudia Costner, 129 Theodore St., Buffalo, NY 14211
Andre D. Dixon, 66 Courtland Ave., Buffalo, N.Y.14215
Leon Hicks, 492 Masten Ave., Buffalo, N.Y.14209
Jayson Kleinfelder, 423 Cumberland., Bflo, N.Y. 14220
Jeffery Lubkowski, 163 Fenton St., Buffalo, N.Y. 14206
Nicole Majewski, 254 Fenton St., Buffalo, N.Y. 14206
Jamie McNamara, 193 Orlando St., Buffalo, NY 14210
Martinique Moses, 208 Hazelwood Ave., Buffalo, N.Y.14215
Mark Schwartz, 869 So.Park Ave. Buffalo, N.Y.14210
Kristina M. Neely, 119 St. Mary's Rd., Buffalo, N.Y. 14211
Eric Schwertfeger, 1314 Lovejoy St., Buffalo, N.Y. 14206
Archie Barlow, 169 Floss Ave., Bflo, NY 14215
Nathaniel J. Suchyna, 83 Pontiac St., Buffalo,NY 14206
Jodtl Tatarski 45 Kopernik, Buffalo, N.Y. 14206
Peter Troncone,84 Hampshire St.,Buffalo, N.Y.14213
Catlin Bogucki, 15 Wasson St., Buffalo, N.Y. 14210
Matthew Brown, 57 Pierce St., Buffalo, N.Y. 14206
Meagan Mack, 131 Schuele St., Buffalo,NY 14215
Jerrod Webb, 116 Sterling St., Buffalo, NY 14216
Atanu Sen,126 Bidwell Pkwy, Buffalo,NY 14222
Lakeshia Davis, Durham Ave., Buffalo, NY 14215
Terrence Brown, Davidson St., Buffalo, NY 14215
Demara Baker, 266 Sycamore St., Buffalo, NY 14204
Jessica Melson, 122 Kay St., Buffalo, NY 14215
James Malkinski, 744 Amherst St., Buffalo, NY 14216
Nicole Lyman, 166 Ontario St. Buffalo, New York 14207
Sean Brodfuehrer, 2497 Niagara St.,Buffalo, NY14207
Jacob Piorkowski, 402 Bird Ave. Buffalo, New York 14215
Nicole Nowak75 Grace St., Buffalo, New York 14207
Amanda Trillizio,108 Laird Ave., Buffalo, New York 14207
Joseph Salay, 175 Gorton St., Buffalo, New York 14207
Julien Baldwin,126 W. Humbolt Pky., Bflo, NY 14214
Angela Terranova, 866 Parkside Ave, Bflo, NY 14216
Nicholette Rafferty, 210 Huntington Ave, Bflo, NY 14214
Arthur Nowak, 50 Inwood Place, Bflo, NY 14216
Christopher Mordino, 29 Standish, Bflo, NY 14216
Christina Russell, 749 Parkside Ave, Bflo, NY 14216
Allen Waiters, 206 Woodward Ave, Bflo, NY 14214
Sarah Edinger, 223 Dearborn St. Bflo, NY 14207
Allen McMindes, 293 Newfield St. Bflo, NY 14207
Appointment Effective: July 7, 1999 in the
Department of Common Council to The Position of
Intern II Seasonal Non-Competitiven at the Starting Salary
of: $5.15 per hr.
Dominique Morris, 31 Greenwood Pl, Buffalo, NY 14213
Appointment Effective: July 6, 1999 in the Department of
Common Council, to the Position of Intern II, Seasonal
Non-Competitive at the Flat Starting Salary of $5.15 per
hr.
Michael Geyer, 191 Wellington Rd, Bflo, NY 14216
Brandon Gaiter, 77 Parkside Ave, Bflo, NY 14214
Michael Michelini, 127 Winston Rd, Bflo, NY 14216
Daniel Pfohl, 248 Villa Ave, Bflo, NY 14216
Erin Russ, 40 Vernon Pl, Bflo, NY 14214
Anthony Conrad, 5 New Amsterdam, Bf1o, NY 14216
Danny Nigro, 85 Shoreham, Bflo, NY 14216
Lamar Kirk, 337 Warwick Avenue, Buffalo, NY 14215
Nirhelle Calander, 143 Kenville Road, Buffalo, NY 14215
Brandon Faulkner, 64 Rounds Avenue, Buffalo, NY 14215
Chavonne Walker, 136 Mercer Ave, Buffalo, NY 14214
Kate Nowakly, 66 Wellington Road, Buffalo, NY 14216
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Tim Lennon, 503 Parker Ave, Bflo, NY 14216
Vincent Sperandeo ,245 WestBuffalo,NY 14201
Korie Gabor, 96 East St. Buffalo, 14207
Amber Lewis, 74 Erskine Avenue, Buffalo, NY 14215
Whisper Windsor, 323 Lisbon Avenue, Buffalo, NY 14215
Stacia Young, 137 B Langfield Drive, Buffalo, NY 14215
Sheldon Johnson, Jr., 18 Broadway, Buffalo, NY 14204
Kion C. Turner, 143 Carmel Rd, Buffalo, NY 14214
Jessica Blakely, 75 Newburgh Ave, Buffalo, NY 14215
Emma Hollander 373 Woodward Ave Buffalo, NY 14216
Tatiana Coles,147 Clarence Ave Buffalo, NY 14215
Todd McAlister 87 Andover Ave, Buffalo, NY 14215
Taurean Raspberry 26 Proctor Ave, Buffalo, NY 14215
Nicholas Brown 36 Dorris Avenue, Buffalo, NY 14215
Archie Galloway, 220 Davidson Avenue, Buffalo,NY 14215
Katherine Makowski, 60 Lexington Ave, Bflo, NY 14222
Vashun Liggans, 74 Courtland, Bflo, NY 14215
Caitlin Bollenbach,130 Russell Ave, Bflo, NY 14214
Tiffani Hall, 150 Lancaster Ave, Bflo, NY 14222
Casey Nowak, 50 Inwood Place, Bflo, NY 14216
Gina LaMendola, 218 Bedford, Bflo, NY 14216
Joey Sliwa, 47 Admiral Rd, Bflo, NY 14216
Brandi Moses, 265 Voorhees Avenue, Buffalo, NY 14216
Justin Jacobsen,154 Mackinaw, Buffalo, NY 14204
Nicholas Heidinger, 172 Alabama Street, Buffalo, NY 14204
Shontia Lowe, 89 Clarence Avenue, Buffalo, NY 14215
Emily Roehl, 332 Beard Ave, Buffalo, NY 14214
Kyle E. Mingo, 24 Lyth St., Buffalo, NY 14208
Michael Norwood, Jr., 145 Hastings St., Bflo, NY 14215
Nicholas Canazzi, 183 Cumberland, Bflo, NY 14220
Emmanuel Schmidbauer, 171 Lisbon, Buffalo, NY 14214
Shatihqua Lewis, 342 Starin Ave., Bflo, NY 14216
Sam Sinatra, 148 Avery St., Buffalo, NY 14216
Markeeta McBurrows, 317 LaSalle , Bflo, NY 14215
Paul Jenkins, 79 Durham St., Buffalo, NY 14215
Edward Symack, 364 Longnecker St., Buffalo, NY 14206
Darryl Richardson,1016 Humboldt, Buffalo, NY, 14211
Jason Moye, 76 Fox, Buffalo, NY 14212
Fanta Smith, 145 St Louis, Buffalo, NY 14211
Sheena Smith, 535 Minnesota, Buffalo, NY 14215
Kent Olden, 112 Poultney, Buffalo, NY 14215
Dionne Fairky, 187 Martha, Buffalo, NY 14215
Erica Anthony, 70 Courtland, Buffalo, NY 14215
Joshua Heidinger, 195 O'Connell Ave, Buffalo, NY 14204
Eileen M. McCormick, 97 Choate Ave, Buffalo,NY 14220
Lynn McDonald, 26 Payson Ave, Buffalo, NY 14220
Aaron Menszynski, 126 Kimberly Ave, Buffalo, NY, 14220
Crystal A. Muhammad, 166 Burgard Pl, BFLO, NY 14211
Wolfgang Niederhoffer, 85 West Ave, Bflo, NY 14201
Margaret Overdorf, 122 Turner Ave, Bflo, NY 14220
Tahiry Aceredo, 500 Amherst St., Buffalo, NY 14207
Alex Gonzalez, 119 Vermont St., Buffalo, NY 14213
Alyssa R. Pannozzo, 20 North Dr, Bflo, NY 14216
Frank Pezzimenti, 77 Elk Street, Bflo, NY 14210
Elizabeth L. Reid, 141 Kimberly Ave, Bflo, NY 14220
Jajean Rose, 354 Baynes St. Bflo, NY 14213
Joseph W. Smardz, 56 Eden St., Buffalo, NY 14220
Elizabeth L. Somerville, 377 Starin , Buffalo, NY 14216
Mark Sumbrum, 19 Rutland , Buffalo, NY 14220
Monica Morales, 850 South Park, Buffalo, NY 14210
Danielle C. Bukowski, 39 Meriden St, Buffalo, NY 14220
Rachel D. Castelonia, 501 Linwood, Buffalo, NY 14209
Brendan J. Conrad, 73 Columbus Ave, Buffalo, NY 14220
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Kevin J. Coyle, 60 Riverview Pl., Buffalo, New York 14210
Clare Crowley, 40 Portland Street, Buffalo, New York 14220
Christina M. Cruz, 52 Winter Street,Buffalo, New York 14213
Stephanie A. Curthoys, 28 Shoreham Pkwy, Bflo, NY 14216
Robert A. Diaz, 248 Whitney Pl, Bflo, NY 14201
Eric Lowman, 213 Bird Ave., Buffalo, NY 14213
Mariceli Antonetti, 617 Fargo Ave., Bflo, NY 14213
Elizabeth Barm, 148 Highland Ave., Bflo, NY 14222
Luis A. Rodriguez, 200 Whitney Pl, Bflo, NY 14201
Ariel Class, 38 Lowell Place, Buffalo, NY 14213
Dinamarie Cabrera, 31 18th St, Buffalo, NY 14213
Nicole Dombrowski, 183 Riverside Ave., Buffalo, NY 14207
Peter Kedron, 2475 Niagara St., Buffalo. NY 14207
Jennifer Ernest, 581 Fulton St., Buffalo, NY 14210
Appointment Effective: June 26, 1999 in the
Department of Common Council to the Position of Intern
11 Seasonal Non-Competitive at the Flat Starting Salary of:
$5.15 per hr.
Craig Hoffman, 58 Belmont Ct., Buffalo, NY 14207
Appointment Effective July 6, 1999 in the
Department of Common Council Division of Summer
Youth the Position of Intern I Seasonal Non-Competitive
at the: Flat Starting Salary of: $7.00 per hr.
Margaret Danieu, 18 Portland , Buffalo, NY 14220
Melaine O'Rourke, 196 Orlando St.Buffalo, N.Y.14210
Donald Hood, 38 B Polish Place,Buffalo, N.Y.14210
Hudson Viele, 136 Central Ave.,Buffalo, N.Y. 14206
Patrick O'Sullivan, 201 Summit Ave., Bflo, NY 14214
Jeanette Tyson, 817 Humboldt, Buffalo, NY 14208
Christopher Pannozzo, 20 North Drive, Buffalo, NY 14216
NO. 86
APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
I transmit herewith appointments made in the Mayor's
Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective: July 6, 1999 in the
Department of-. Mayor's Office Division of
Mayor's Summer Youth & Intern Program to the
Position of. Intern IV Seasonal Non-Competitive at the Flat
Starting Salary of $6.00/hr
Meghan Barrett, 30 Ridgewood Ave., Bflo,NY 14220
Somer Mayer, 184 Aldrich PI. 220, Buffalo, NY 14220
Appointment Effective: July 6, 1999, in the
Department of Mayor's Office Division of.
Mayor's Summer Youth & totem Program to the
Position of Intern III Seasonal Non-Competitive at the Flat
Starting Salary of $5.15
Tiffam Singleton, 315 Parkridge Ave., Bflo,NY 14215
Joey Sliwa, 47 Admiral Rd., Buffalo, NY 14216
Judge Whitt, 301 Hastings Ave., Buffalo, NY 14215
Rosemary Zebracki, 1092 Abbott, Buffalo, Ny 14220
E'Lise Wright, 280 Summit Ave., Buffalo, NY 14214
Nora Barrett, 30 Ridgewood, Buffalo, NY 14220
Kelfie Carter, 63 Comstock Ave., Buffalo, NY 14215
Laura Cavaretta, 88 Mariemont Ave., Bflo,NY 14220
Mary Cavaretta, 88 Mariemont Ave., Bflo, NY 14220
Gary Durmaj, 90 Duerstem St., Buffalo, NY 14210
Darryl Fames, 67 Colfax Ave., Buffalo, NY 14215
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Haven Dove-Hampton, 2 North Parade, Buffalo,NY 14211
Appointment Effective July 6, in the Department
of Mayor's Office Division of Youth Opportunity and
Employment Program to the Position of Intern 11 Seasonal
Non-Competitive at the flat starting salary of $5.15/hr
Shayla Hayes, 176 Floss Ave., Buffalo, NY 14215
Michael Kfinesmith, 94 Hamburg, Buffalo, NY 14204
Brandon Megna, 232 Norwood Ave., Bflo, NY 14222
Dana Murray, 29 Gail Ave., Buffallo, NY 14215
Daniel O'Connor, 16 Clarendon Pt., Buffalo, NY 14209
Michelle Sacco, 370 Potomac Ave., Buffalo, NY 14213
Kevin Shields, 35 Kimmel, Buffalo, NY 14220
Jessie M. Conrad, 128 Harding Road, Buffalo, NY 14220
Andrew J. Reid, 141 Kimberly Avenue, Buffalo, NY 14220
Shannon M. Scheu,177 Kentucky Street, Buffalo, NY 14204
Richard Hans, 29 Deer St., Buffalo, 14207
Sara Wilson, 65 Villa Ave. ,Buffalo, 14216
Daniel Everett, 26 Roehrer St., Buffalo, 14208
Sheari Moore, 296 Stockbridge Ave, Buffalo, NY 14215
Mary Cannan, 825 Tacoma Ave, Buffalo, NY 14216
Rashawn Porter, 331 Edison Avenue, Buffalo, NY 14215
Kristyn Golombek, 327 Weimer St, Buffalo, NY 14206
Renee Schwertfeger, 1314 E. Lovejoy St.,Bflo, N.Y. 14206
Antoinette Thompson, 82 Schreck Ave., Buffalo, N.Y.14215
Filecellia Sampson, 123 Berkshire Ave., Buffalo, NY 14215
Kisha Hayes, 456 Norwood.,Buffalo, NY 14222
Darren Bryant, 273 Emsfie, Buffalo, NY 14206
Sliontai Jackson, 699 LaSalle Ave. (lower)Buffalo, NY 14215
Jillian Rice, 28 Norway Park, Buffalo, NY 14208
NO. 87
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 July 7,1999 in the Department of
Assessment to the Position of Clerk, Seasonal Non-
Competitive at the Flat Starting Salary of $5.20/hr
Edward Neal, 82 Dewey, Buffalo, NY 14214
Jacqueline Watts, 433 Koons, Buffalo, NY 14211
Appointment Effective July 6, 1999 in the Department
of Human Services, Parks Recreation Division of Youth to
the Position of Attendant Temporary Appointment at the flat
Starting Salary of: 5.15 p/h
Luz Morales, 850 South Park, Buffalo 14210
Appointment Effective July 8, 1999 in the Department of
Human Services in the Division of Parks and Recreation to
the Position of Parks Laborer II, Seasonal, Non Competitive
at the Flat Starting Salary of $6.92/hr
Brian P. Mann, 3 Folger Street, Buffalo 14220
Appointment Effective July 1, 1999 in the Department of
Human Services in the Division of Parks and Recreation to
the Position of Parks Laborer II, Seasonal, Non Competitive
at the Flat Starting Salary of $6.92/hr
Regina BARRETT, 62 Riverview Pl, Buffalo, NY 14210
Vincent McCarthy, 274 Hartwell, Buffalo, NY 14216
Appointment Effective July 2, 1999 in the Department of
Human Services in the Division of Parks and Recreation to
the Position Lifeguard, Seasonal, Non Competitive at the Flat
Starting Salary of $6.25/hr
Kyle Johnson, 69 Nargansett Rd, Buffalo 14220
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Andrew Smith, 84 Theodore, Buffalo 14211
Appointment Effective June 30, 1999 in the Department of
Human Services in the Division of Parks and Recreation to
the Position Lifeguard, Seasonal, Non Competitive at the Flat
Starting Salary of $5.20/hr
Inqrid Young, 353 Sanders, Buffalo, NY 14216
Jamie Ziolkowski, 287 Choate, Buffalo 14220 Malik
Blyden, 164 Parkridge, Buffalo, 14215
Beth Flack, 95 McKinley, Buffalo 14220
Allison Hunt, 124 Depew, Buffalo 14214
Katherine Maldovan, 84 Woodward, Buffalo 14214
Maria Matos, 113 Argus, Buffalo 14207
Caitlyn McDougall, 30 Cheltanahm, Buffalo 14216
Raymond Smith, 376 Baynes, Buffalo 14213
Appointment Effective June 29,1999 in the Department of
Human Services, Division of Parks and Recreation to the
position of Lifeguard, Seasonal Non competitive at the
Starting of $5.20/hr
Crystal Boyer, 435 East, Buffalo 14207
Dracey Gates, 676 Riley, Buffalo 14211
Amanda Smith, 239 Wallce, Buffalo,14216
Appointment Effective June 30, 1999 in the Department of
Human Services, Division of Recreation to the Position of
Supervising Lifeguard, Temporary at the Flat Starting
Salary of $5.98/hr
Rachel Bukowski, 55 Morgan, Buffalo 14220
Kelly O'Connell, 340 Cumberland, Buffalo 14220
Appointment Effective 7/1/99 in the Department of Stadium
and Audtorium Division of Dunn Tire Park to the Position of
Laborer I, Seasonal Non-Competitive at the Flat Starting
Salary of $ 6.22
Jonathan Feinstein, 462 Bird Avenue, Buffalo, 14213
Appointment Effective: 6/24/ in the Department of
61-Stadium Division of 1-Dunn Tire Park to the
Position of Laborer I, Seasonal Non-Competitive, at the
Flat Starting Salary of: $6.22
Carrie Issacs, 1472 Hertel Avenue, Buffalo, NY 14216
Appointment Effective 6/28/99 in the Department of
Stadium and Auditorium Division of I-Dunn Tire Park to the
Position of Laborer II, Seasonal Non-Competitive at the
Flat Starting Salary of $6.92
Joseph Smietana,136 Clark Street, Buffalo, 14212
Telly Forucci, 175 Tuscarora Rd.,Buffalo, NY 14220
David Borne, 332 Tonawannda, Buffalo 14207
Kevin Tate, 49 Beverly, Buffalo 14208
NO. 88
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.
DEPARTMENT OF AUDIT AND CONTROL
Appointment Effective June 30, 1999 In the Department
of: Audit and Control Division of Audit to the Position of:
Assistant Auditor Permanent at the Minimum Startina
Salarv of: $ 28,298
James Messina, 81 Fargo Ave, Buffalo, NY 14201
Appointment Effective June 28, 1999 in the Department of
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Audit & Control to the Position of Computer Programmer
Temporary appointment at the first step of $33,411
Victor Getz, 25 Knox Ave, Buffalo, New York 14216
DEPARTMENT OF FIRE
Appointment effective June 28, 1999 , in the department
of Fire, Division of Fire Communications, to the position of:
Communication Specialist, Provisonal appointment at the
Starting salary of $26,184
Thomas Lester, 179 Hinman Ave., Buffalo NY 14216
DEPARTMENT OF PARKS AND RECREATION
Appointment Effective 07/09/99 to the Position of Laborer
II, Permanent Non-Competitive at the Minimum Salary of
$11.14/hr
Daniel Gant, 51 Brunswick Blvd, Bflo, 14208
DEPARTMENT OF POLICE
Appointment Effective July 6, 1999 in the Department
of Police TO THE Position of Report Technician, Permanent
Appointment at the minimum Starting Salary of $23705
Patricia A. Rojek, 840 McKinley Pkwy, Buffalo, NY 14220
Appointment Effective July 2, 199 to the Position of Senior
Accountant, Permanent Appointment at the Minimum
Starting Salary of $ 32,971
John W. Stanchak, 293 Abbott Road, Buffalo, NY 14220
DEPARTMENT OF PUBLIC WORKS
Appointment Effective June 25, 1999 in the Department of
Public Works Division of Buildings, to the Position of Senior
First Class Stationary Engineer, Temporary Appointment at
the Flat Starting Salary of: $ 10.25
Steven L. Harding, 169 Garner Ave, Buffalo 14213
NON OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 89
BFLO CHARTER REVISION COMM MINUTES
ATTACHED minutes available in the City Clerk’s Office.
REFERRED TO THE COUNCIL PRESIDENT
NO. 90
B. BROWN LIVING WAGE
Attached please find a revised copy of the Living Wage
Ordinance for consideration at the Council's July 13th
meeting.
REFERRED TO THE COMMITTEE ON LEGISLATION, AND
ALL CITY DEPARTMENTS
NO. 91
CLAIM FOR STOLEN GLASSES
I'm submitting to you a bill and a letter in reguards to a pair
of glasses that were stolen from my locker at work ( Buffalo
Fire house #31). I then paid for the, replacements after being
told that I would be reemburised for the stolen pair by the city.
The original pair were paid for by the city under workers comp
for an eye injury I suffered during work.
After submitting the bill to the city I was told by the law
department that the city was not responsible and I should
therefore send the bill to my councilman for council Approval.
If any other information is needed please feel free to contact
me at (716) 895-3625 home, or Engine #31 896-9155.
RECEIVED AND FILED
NO. 92
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D. CHRISMAN
INTERNET ACCESS
This is in response to your correspondence received on
May 26 th. In your letter you expressed concerns about
Internet Access at the Buffalo and Erie County Public Library.
AS part of its public service mission, the Buffalo and Erie
County Public Library has undertaken a program to provide
free and open Internet access to the community. With this
goal in mind, the Library's Board of Trustees adopted a policy
governing access to Internet and Personal Computing
Resources on July 23, 1998.
This policy was the result of a lengthy process, involving
Buffalo and Erie County Public Library staff from all
departments and divisions, feedback from contract library
boards and other parties, and various opportunities for citizen
comment, including an open meeting where the Board
welcomed testimony from the public.
The proposed policy was widely distributed prior to its
consideration and adoption by the Board. The Buffalo News
endorsed it as: "...a sound proposal to balance free access to
information with some common-sense approaches to
protecting children.”
Consistent with the Library's Circulation Policy, parental
permission is required for anyone under the age of 16 who
desires Internet access privileges. The Library recognizes that
the responsibility for a child's use of the Internet rests with his
or her parent and not with the local librarian. Procedures
require that the parent or legal guardian of any applicant under
16 years of age endorse a consent form in the presence of
library staff.
Some have suggested that the Library should use filtering
software to prevent accidental or intentional exposure to
inappropriate Internet content. While commercial filters claim
to obstruct access to questionable sites, in reality, they offer a
false sense of security because no filter manufacturer will
warrant that its product is completely foolproof or tamper
proof.
In addition, filters can restrict access to many legitimate and
useful sites even as they impose excessive cost and labor
burdens on the system. For these reasons, B&ECPL does
not employ filters.
To assist parents, the Library provides on-line and printed
information about child safety, home use of filtering software
and other information on educational or recreational uses of
the Internet. It is the parent or guardian's responsibility to
discuss what information is acceptable for his/her child to
view or read.
Wherever possible, library workstations have been designated
specifically for children's use and are configured to begin at
the children's services page (Kid's Corner) of B&ECPL's web
site. These workstations offer access to an assortment of
age- appropriate sites pre-selected by trained B&ECPL staff.
In its Internet access policy, B&ECPL states: "The Library
does not monitor and has no control over the information
accessed through the Internet and assumes responsibility only
for the information provided on its home pages. It cannot
guarantee the validity or accuracy of information found on the
Internet. Some information may be dated, incomplete or
offensive to some individuals.
The policy states further: "As with all library materials,
programs, and services, parents/guardians have the sole right
and responsibility to decide what is appropriate for their child
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to view or read. Children who use the Internet unsupervised
may be exposed to inappropriate or disturbing information and
images. Parents/guardians are responsible for the
supervision of their child's Internet activity. The Library does
not act in loco parents.
It is important to remember that the overwhelming majority of
information on the Internet is legitimate and useful. B&ECPL
affirms and upholds the right of each individual to have
access to constitutionally protected materials on the Internet.
As with all Library resources, patrons are expected to use
Internet and/or personal computing resources in an orderly
and responsible manner. Those whose conduct may be
judged as disruptive or who engage in illegal activity are
subject to immediate suspension of library privileges and,
where necessary, civil liability and/or criminal prosecution.
A contemporary public library cannot offer its users
comprehensive information services without providing access
to the Internet. Nearly every major library in the United States
does so today. B&ECPL staff reviewed many of the policies
governing Internet access at these same libraries and applied
useful and thoroughly tested concepts in developing a sound
and practical approach to delivering this valuable service to
our community.
REFERRED TO THE LIBRARY BOARD OF TRUSTEES
NO. 93
J. CORCORAN-WILLIAMS COMMUNICATIONS
PROPOSED FIBER OPTIC PROJECT
Per your request I am submitting this letter and attached
map (before the July 8 2:00 PM deadline) so that our
proposed fiber optic project can be included on the agenda of
the next City of Buffalo counsel meeting.
My understanding is that this meeting will take place on July
13, 1999. 1 have been asked by Williams to make sure that I
attend this meeting. Please let me know if this is an "open"
meeting that I can attend.
Included in this package is a map that shows our proposed
route through the City of Buffalo. The majority of the route will
be along CSX Railroad right-of-way. There will be a number
of city streets that we will be crossing along this portion of the
route.
We continue into the City along the CSX RfW through to
Washington Street. At this point the route would leave CSX
and move onto Washington Street. The route proceeds north
on Washington Street until we reach East Tupper Street. We
proceed west along E. Tupper to Delaware Avenue where we
head South until we reach our intended destination-which is
325 Delaware Avenue.
The proposed route will include crossing many City of Buffalo
streets. A detailed review of the attached map will be needed
to determine exactly which streets fall under the City of
Buffalo's jurisdiction.
This proposed project calls for the installation of two (2) fiber
optic lines that will need to have at least twenty-five (25) feet
of separation for redundancy purposes. The Fiber Optic Cable
(FOC) installation will consist of three inner ducts (conduits),
two - one and one- half inch diameter, and one - one and one-
quarter inch diameter (2) 1-1/2", & (1) 1-1/4" ). The ducts will
be typically installed by direct burial methods at a depth of
between 36" and 42" unless regulatory gencies specify
otherwise, or conditions warrant any adjustments. Installation
will consist of one of three possible
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methods as follows:
1.) Direct burial(cable plowing)
This method will be used for the vast majority of the
installation and will be performed using either a track
mounted crawler (bulldozer) or an on-track system including a
locomotive engine, with an attachment that can integrate the
excavation, placement of the conduits and backfill of the
trench in one continuous operation.
2) Directional Boring
This method will be used in environmentally sensitive areas to
minimize disturbance in these areas as required by the
authorities having jurisdiction. This method will also be
used to cross-existing roadway, bridge and other difficult
areas where cable plowing cannot be performed.
3) Bridge Attachments
This method will be utilized as a last resort if directional boring
methods cannot be feasibly accomplished.
Please call me to confirm our place in the July 13, 1999 City
Counsel meeting, and to let me know that you have
received this correspondence. My number is 734-604-5669.
Please let me know if there is anything else you might need
from Williams Communications regarding this
project.
I appreciate all of your time and cooperation in this matter-I
look forward to hearing from you.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE CORPORATION
COUNSEL
NO. 94
ELLICOTT MALL OUTREACH ORGANIZATION
The Ellicott Mall Outreach Organization will host its first
Ellicott Mall Reunion on Saturday, August 21, 1999,
beginning at 9:00 a.m. and ending at 7:00 p.m. The
Reunion festivities will be held outdoors on the grounds
located behind the Buffalo Academy for Visual and
Performing Arts up to the John F. Kennedy Center.
This letter is written to request Councilmember assistance with
the waiving of fees, in addition to any financial support
possible for this event. Your aid in ensuring a successful
reunion is greatly appreciated. Should you have any
questions, please feel free to contact me.
RECEIVED AND FILED
NO. 95
L. DUVALL-IRON ISLAND PRESERVATION SOCIETY OF
LOVEJOY, INC
On June 23d the attached questions were forwarded to you to
be put on the June 29th Common Council agenda. This was
accomplished and the Council forwarded them to the
Hennepin Park Sub-Committee. I am requesting that these
questions once again be put on the Common Council agenda
for July 13th There has not been a Hennepin Park Sub-
Committee meeting since March 1999 and according to
Councilman Richard Fontana he has no reason to call a
meeting. These questions need an immediate response and
we will not stand for being ignored by both the Council, The
Office of Children & Family Services and the Advisory Board
of Lovejoy Elderly and Youth (ABLEY).
It is the responsibility of this Council to demand these
answers, NOW before any farther action is taken with the
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Hennepin Park Expansion Project.
REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 96
R. DZENIS
BUFFALO INNER HARBOR DEVELOPMENT PROJECT
Enclosed, Pursuant to Article 8 of the N.Y. Environmental
Conservation Law and 6NYCRR Part 617. is the Findings
Statement issued by the New York State Urban Development
Corporation d/b/a the Empire State Development Corporation
(ESDC) as the lead agency for the Buffalo Inner Harbor
Development Project. These Findings were adopted by the
ESDC Board of Directors on March 18, 1999.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 97
G. GALLOWAY- INTERNATIONAL JOINT COMMISSION
On behalf of the International Joint Commission, I would
like to acknowledge receipt of Resolution number 159,
introduced by Mr. Alfred T. Coppola and passed by the
Common Council of the City of Buffalo. Resolution number
159 has been circulated to commissioners and staff of the
International Joint Commission so that they would know of the
views of the Common Council opposing the bulk
diversion of any water out of the Great Lakes basin.
RECEIVED AND FILED
NO. 98
P. GILES- NYS THRUWAY BUFFALO INNER HARBOR
DEVELOPMENT PROJECT
Enclosed, pursuant to Article 8 of the N.Y. Environmental
Conservation Law and 6 NYCRR Part 617, is the Findings
Statement issued by the New York State Thruway Authority
as an involved agency for the above captioned project.
Pursuant to Resolution #4909 adopted at 3card Meeting D751
the Chief Engineer is authorized to make all decisions
pursuant to SEQRA with relation to the 1999 Contracts
program. The Buffalo Inner Harbor Development Project is
contained within the 1999 Contracts Program and thus I
hereby adopt the Findings Statement as the decision maker
pursuant to the delegation authorized in the above noted
resolution.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 99
B GRAY REIMBURSE CLAIMS SVS AT 87 WOHLERS
COMM GARDEN
The attached information has raised my level of concern
regarding vacant city owned lots being maintained by
neighborhood groups and citizens in a effort to clean and
improve their community. There appears to be a vacant city
owned lot on very street on the eastside of the city and very
little maintenance if any is done by the City of Buffalo.
Please file this information for further discussion in the
Council.
RECEIVED AND FILED
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NO. 100
MCI WORLDCOM-PROP CONST FOR PEACE BRIDGE
DIV PROJ
MCI World Com's proposed routing of a new 144 FOC will
provide complete diversity to the existing Peace Bridge fibers.
Diversity is necessary to prevent a loss of service due to
unforeseen problems that could arise on a single path system.
Beginning at the MFS Node located at 326 Delaware, the 144
FOC will be placed in already existing MFS duct, north along
Franklin Street to West Tupper, then east along West Tupper
to a manhole located at Main Street and West Tupper. The
route will then continue along Main Street in the NFTA conduit
system. At the intersection of Main and North Streets, a
manhole will be placed to facilitate the
placement of new conduit from the NFTA system to the
proposed new MCI World Com conduit system.
Street trenching will be required along North/Porter from the
intersection of North and Main to the intersection of 7th and
Porter. At the intersection of 7th and Porter a manhole will be
placed to facilitate the interception of the existing MCI
conduits that run parallel with 7th under the concrete
sidewalk. The existing MCI conduit system will be used to
carry the new 144 FOC to a point near the North
Abutment Wall of the Peace Bridge where an existing MFS
splice handhole is sifting. At this handhole, some trenching
will be required to intercept the MCI conduit system and attach
to the MFS handhole. The 144 FOC can then be pulled into
this handhole and spliced to the existing cable that was
previously run from the other direction.
In conduction with the new street trenching that is proposed
along North/Porter Street, seven manholes
will be placed at strategic locations to allow the new 144 FOC
to be placed under city conditions.
REFERRED TO THE TASK FORCE ON SUPERSPAN
NO. 101
MOLESKY-TOWN OF CKTG ADOPTION OF LOCAL LAW
99-2 ZONING
Enclosed please find a certified copy of the resolutions
adopted by the Cheektowaga Town Board on July 6, 1999
regarding:
1. Call for Public Hearing: Adoption of Local Law 99-2
entitled, "A Local Law to Amend a Local Law Relating to
Zoning"
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF CHEEKTOWAGA
ERIE COUNTY, NEW YORK
RECEIVED AND FILED
NO. 102
P. NICOLAI-FARGO ESTATE NEIGHBORHOOD
ASSOCIATION-REQ CHANGES IN TRAFFIC FLOW
The Fargo Estate Neighborhood Association asks the
Common Council to approve our proposal to make changes
of the direction of traffic and add four "neckdowns" to
several streets in the Fargo Estate Area in order to slow down
and reduce traffic. Would you please file this letter with the
Council.
It has been the goal of many of our residents to slow down
and reduce the number of cars on our residential streets.
Over the past several years many of us have spoken
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with city officials about our concerns to keep commuting traffic
and other "pass through" traffic on the main arterials
surrounding our neighborhood. To this end we have
developed a new plan to make our streets safer and quieter.
This plan first attempts to reduce the use of Pennsylvania
Street as a continuation of both Richmond and North Streets.
We are suggesting that two "neckdowns" be placed on
Pennsylvania at West, and that the direction of traffic be
changed on Pennsylvania between West and Niagara.
We also are hoping to reduce the traffic on Fargo. Both ends
of Fargo have to be changed. Fargo approaching Porter will
be one way out, and Fargo at Hudson will
have a neckdown and will be a one way out exit.
We hope you can visualize with us a neighborhood where the
traffic on the inner streets of our neighborhood will be primarily
people who live here or are visiting friends or making
deliveries. In order to achieve this, we have to create a
"corner" neighborhood. Access to our homes will either be
from Prospect and Porter or from Niagara Street.
Pennsylvania Street will be turned back into the quiet
residential street it originally was designed to be instead the
busy "connector" to downtown and the 190
that it has become. As area residents we are willing to take a
couple of extra minutes to enter or leave our neighborhood
because we place a high premium on safe streets for children
and the peacefulness that comes from a quieter community.
The Fargo Estate Neighborhood Association is therefore
asking the City of Buffalo to take the steps necessary to
adopt this plan. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION
AND THE COMMISSIONER OF PUBLIC WORKS
NO. 103
NYSDEC REG OF SITES HAZ WASTE DISPOSAL-1
HOWELL ST
The Department of Environmental Conservation (DEC)
maintains a Registry of sites where hazardous waste disposal
has occurred. Property located at 1 Howell Street in the City
of Buffalo and County of Erie and designated as Tax Map
Number 88.36-2-6 was recently added as a Class 2 in the
Registry. The name and site I.D. number of this property as
listed in the Registry is MarCon Erectors, Site #915173.
The Classification Code 2 means that a significant threat to
the public health or environment exists - action required.
We are sending this letter to you and others who own property
near the site listed above, as well as the county and town
clerks. We are notifying you about these activities
at this site because we believe it is important to keep you
informed. If you currently are renting or leasing your property
to someone else, please share this information with them. If
you no longer own the property to which this letter was
sent, please provide this information to the new owner and
provide this office with the name and address of the new
owner so that we can correct our records.
The reason for this recent classification decision is as follows:
The MarCon Erectors Site is located in a; mixed residential,
commercial, industrial area. The exposed material within a
cut-off 25,000 gallon above ground storage tank (AST) has
the potential to fill with precipitation and
overflow into a compromised concrete containment area. The
cut down tank contains sludge contaminated with volatile
organic compounds (VOCs) and polychlorinated biphenyls
(PCBs). Sampling of this sludge revealed PCI3
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contamination as high as 16,000 ppm. Sampling of the
oil/water in the sludge within the cut-off tank indicated PCB
contamination as high as 122 pm. There is evidence that the
concrete containment structure has been compromised with
indications of contamination on the floor and walls of the
structure. Sampling directly outside of the cracks in the
structure revealed PCB contamination as high as 5.8 ppm.
Directly to the south of the site is a heavily used recreation
pathway. 625 feet to the west is a play ground and an
elementary school. Residential areas are directly to the north
of the site. The potential for continued environmental
degradation and human contact will be present as long as the
site remains unremediated. If you would like additional
information about this site or the inactive hazardous
waste site remedial program call:
DEC's Inactive Hazardous Waste Site Toll-Free Information
Number: 1(800)342-9296 or New York State Health
Department's Health Liaison Program (HELP)
1(800)458-1158 Ext. 6402.
REFERPED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE ENVIRONMIMAL
MANAGEMENT COMMISSION
NO. 104
L. RENFORN-CCAPA-MARK VIRGINIA
While a part of me felt a twinge of gladness to the
settlement for the Virginia family another part was deeply
saddened by the farce. It must be a sad day for any family
to lose their child to a heinous criminal act especially by law
enforcement officers. But to be so hypocritically offered a
cash settlement for the crime after an even longer period of
time knowing that no one will be charged with the crime much
less be incarcerated for it.
Two officers, who pursued a citizen under the guise of
perceptual wrong doing, beat the victim, Mr. Mark Virginia
savagely, contributing to his death. Yet no charges are
placed against them and they get to walk after taxpayers to
shell out a mere $800,000. These officers also have some
questions of substance abuse under their belt. Were they
high the night this pursuit and beating of Mark Virginia took
place? If so, are we seeing criminal activity being covered-
up? Are we as residents being placed at risk as officers are
shielded from public watch by laws and bargaining efforts?
Will the public ever know? Are these
issues occurring in other incidents more often then we know
about. Are these officers and others with allegations of
abuse to their credit not placing a binding potential for an
accident to happen for all residents. These rogue cops often
stand commended for service and suffer nothing more than
a pat on the back when they are found in the scale of
imbalance.
It is equally disconcerting to see that our African American's in
custody deaths are treated so callously and kicked to the curb
due to their condition of poverty and of being black. It
is especially troubling to review information that indicates that
their deaths were equally questionable, the police officers
have a history of abuse, and therefore should be
considered as negligent in causing the death. The other
significant fact still remaining is that African Americans on
the most part are unable to afford the attorneys and
medical experts needed to refute the often tainted reports
established after the death of a victim.
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That is a serious problem for many. Never the less, a gross
injustice exists and the disparity that comes with racism rolls
before this council and between the victim and
justice. This is sad. You do nothing to prevent the injustice of
it all. Allowing vast sums of money to be paid out for police
brutality is criminal, especially if there are warning signs of a
rogue cop. To continue to pay out money when no
criminal charges are applied, is ludicrous and speaks of the
corruptness within and without the system.
Nothing can bring back a dead child. But the officer who
brutalizes and kills can be released from law enforcement
and perhaps the next victim may be saved from the brutish
nature of that one person.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 105
L RENFORD-CCAPA-D JACKSON & IVY ST RESIDENT
INCIDENT
I have recently reviewed the video tape in reference to the
above disgraceful behavior of brutality that the residents
suffered at the hands of your police officers. What is of
equal disgrace is the unnecessary attack on the young
children by your officers. While these incidents are not
unfamiliar to residents it brings me to question, when are
law enforcement officers accountable for their criminal
behaviors towards the people they serve? When are
residents victims of a crime and able to defend themselves
from a rogue cop?
I am disturbed and dismayed that reports and immediate
suspension of all officers involved were not called for. It is
clear that your law enforcing officers terrorized an entire
neighborhood with disturbing effects on the youth. While we
appreciate the good officers trying to serve all residents of
this city we recognize the rogue officers that are allowed to
run ship-shod over residents and get away with their
misconduct time and time again.
W. Jackson may not be on everyone's hero list but he
should not be harassed and brutalize for Ms outspokenness
by police officers or anyone else. Yes we have crime in
the community but officers of the law cannot break the law
while pretending to enforce the law. Nor can their superiors
manipulate the law to their advantage while these heinous
acts are being committed.
Due to the gravity of this situation and the climate of unrest
among many citizens I am requesting that all officers
involved in this incident be relieved of duty pending a full
investigation internally and Federally. If necessary that
Federal charges be appropriately applied against the guilty.
To allow these incidents to continue without penalty to the
guilty officers will increase the potential for civil unrest. I have
reviewed the tape and I am upset at the behaviors of these
officers. But I am more upset at the accounts these young
children gave of their ordeal. To me that is shameful and
a disgrace. You cannot speak of violence in children without
looking at the violence
among the adults. Racism is racism. Acts of racism have
been expressed through these selected acts of brutality.
I am requesting a full federal investigation into this and other
incidents that the Buffalo Police Department and others
have ignored to be accountable for over a period of
time. The subtle ways of retaliation that somehow happens in
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many of our lives will cease. Just as there are crooks
among residents, there are crooks among law
enforcement and they deserve to be charged, sentenced
and put in jail. Not elevated to lofty positions to carry
out their deranged acts of hate.
I have recommended:
that the parents of the children file child abuse charges
against your officers for their attack
Mr. Jackson seek a restraining order against the officers
that a federal investigation be launched 0 full hiring and job
performance review be done on all officers involved
full investigation into discriminatory practices against Black
Officers within the Buffalo Police department
the practice of racism in enforcing the law within the African
American community
Department of Justice intervention and takeover of Buffalo
Police Department
police brutality and criminal misconduct among Buffalo
Police Department Officers and penalties, if any applied
investigate and evaluate the practice of victims having to go
back to file a report at the precinct where the incident took
place
While training and the appropriate background checks still
concern us in hiring quality officers for BPD, we hope one
day everyone will recognize the need for par excellence in
job performance and mutual respect for one another will
be the norm. Not politics and financial support.
REFERRED TO THE SPECIAL COMMITTEE ON
POLICE REORGANIZATION
PETITIONS
NO. 106
SORRENTO CHEESE, OWNER, PETITION TO REZONE
21-47 & 52-64 LELAND DRIVE FROM R2 TO CM FOR
FACILITY EXPANSION
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 107
REFERRED TO THE COMMITTEE ON LEGISLATION
SINGER, AGENT, USE 585 W. UTICA FOR HUMAN
SERVICE FACILITY
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 108
C. WHITE, AGENT, USE 1495 JEFFERSON FOR A DAY
CARE CENTER.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO. 109
TRAUTMAN ASSOCIATES, AGENT, REZONE 954-1014
ELLICOTT FROM TS & R3 TO CM
FOR RESEARCH FACILITY/OFFICES.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE
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COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO. 110
A. MORRIS, AGENT, PETITION TO USE 3204 BAILEY
AVENUE FOR A TAKE-OUT
RESTAURANT.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 111
R. PERELLI, USE 40 GATES CIRCLE-HUMAN SERVICES
FACILITY
REFERRED TO COMMITTEE ON LEGISLATION, THE CITY
PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 112
A. WALTON & OTHERS-SUPPORT 87 WOHLERS AS A
COMMUNITY GARDEN
Enclosed please find a petition containing 300 signatures
"against Miracle Village, which is to be placed in the heart of
the Kenfield Development." As the University District
Councilmember, I have received numerous telephone calls
about this matter and I would like this petition to be placed on
the agenda.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 113
K. HELFER & O OPPOSE MIRACLE VILLIAGE
REFERRED TO THE COMMITTEE ON LEGISLATION
BUFFALO MUNICIPAL HOUSING AUTHORITY, HUD, THE
MAYOR, AND THE NEW YORK STATE ALCOHOL AND
SUBSTANCE ABUSE
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 114
APPTS. -SR. OPER. COMM. COORDS. (MAX)(COMPT.)
(ITEM NO. 20 C.C.P. JUNE 15, 1999)
That the above itern be, and the same is hereby received
and filed.
ADOPTED.
NO. 115
APPOINTMENT
APPTS.-SR. OPER. COMM. COORDS. (MAX)(AMENDED
DATE)(COMPT)
That Communication 20, June 29, 1999 be received and
filed and the Permanent appointment of Mark D. Colern at the
salary of $33,341.00 effective on June 17, 1999 is hereby
approved.
PASSED
AYES -12 NOES - 0
NO. 116
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APPOINTMENT
ASSISTANT FILTRATION PLANT OPERATOR
That Communication 48, June 29, 1999 be received and
filed and the Provisional appointment of David Zielinski at the
salary of $29,814.00 effective on June 14, 1999 is hereby
approved.
PASSED
AYES -12 NOES - 0
NO. 117
APPOINTMENT
WATER METER MECHANIC
That Communication 49, June 29, 1999 be received and
filed and the Temporary appointment of Matthew Janicki at
the salary of $29,814.00 effective on June 14, 1999 is hereby
approved.
PASSED
AYES -12 NOES - 0
NO. 118
APPT. - FIRE CAPTAIN (PERM) (FIRE)
(ITEM NO. 52 C. C.P. JUNE 29, 1 999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 119
APP FIRE CAPTAIN (PERM/CONT/FIRE.
(ITEM NO. 53 C. C.P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 120
APPT. - FIRE LT. (PERM) (FIRE)
(ITEM NO. 54 C. C. P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 121
APPT. - FIRE LT. (PERM./CONT.) (FIRE)
(ITEM NO. 5 5 C. C.P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 122
APPOINTMENT
ACCOUNT CLERK-TYPIST
That Communication 73, June 29, 1999 be received and
filed and the Provisional appointment of Ramona L. Lee at the
salary of $23,526.00 effective on June 14, 1999 is hereby
approved.
PASSED
AYES -12 NOES – 0
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NO. 123
J.KREGG INFORMATION ON EMPLOYMENT (ITEM
NO. 76, C.C.P., MAY 18, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs.Gray moved that the above item be recommitted to the
Committee on Civil Service.
ADOPTED.
NO. 124
J. KREGG INFORMATION ON EMPLOYMENT (HSPR)
(ITEM NO. 79, C. C. P., JUNE 1, 1999)
That the above item be, and the same hereby is returned to
the Common Council Without recommendation.
Mrs.Gray moved that the above item be recommitted to the
Committee on Civil Service.
ADOPTED.
NO. 125
MEMORANDUM OF AGREEMENT –
BMHA AND LOCAL 264
(ITEM NO. 76, C.C.P., JUNE 29, 1999)
That the Memorandum of Agreement between the Buffalo
Municipal Housing Authority and Local 264, AFL-CIO,
representing Blue Collar, White Collar and Managerial Unit
employees, for the period July 1, 1998 through June 30, 2000;
effective June 17, 1999, be and hereby is approved and
ratified.
PASSED.
AYES -12 NOES - 0
NO. 126
NOTICES OF APPTS.-TEMP./PROV./PERM. (CC)
(ITEM NO. 8 5 C. C.P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 127
RESULTS OF NEGOTIATIONS - 549 EAST FERRY (ITEM
NO. 36, C.C.P., NOV. 17, 1998) (ITEM NO. I IO, C. C. P.,
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Franczyk moved that the above item be recommitted to
the Committee on Finance.
ADOPTED.
NO. 128
CAPITAL DEBT SVS. FUND DEP - - 1 999/2000 FISCAL
YEAR (COMPT.) (ITEM NO. 1O C.C.P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 129
D. ZUCHLEWSKI-AMER. ANGLIAN - 12 COLONIAL
CIRCLE BILL
(ITEM NO. 86 C.C.P. JUNE 15, 1999)
Mr. Franczyk moved that the above item be recommitted to
the Committee on Finance.
ADOPTED.
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NO. 130
REFUND PERMIT FEES-RIVERSIDE BUS. ASSN. -
TOWPATH FESTIVAL
(ITEM NO. 211 C.C.P. JUNE 15, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 131
WAIVE FEES - ANNUAL INDEPENDENCE DAY-
RIVERSIDE PARK
(ITEM NO. 217 C.C.P. JUNE 15, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 132
REPORT OF AUCTION 1446 MAIN ST (COMPT)
PASSED
AYES -12 NOES - 0
NO. 133
RESULTS OF NEGOTIATIONS - 59 ROSE STREET
(ITEM NO. 63, C.C.P., JUNE 29, 1999)
That the offer from Mr. Edward Tooles, residing at 26 Rose
Street, in the sum of Two Thousand Dollars
($ 1,000.00) for the sale of 59 Rose Street, be and is hereby
accepted, and
That the purchaser will be required to pay a ten percent
(IO%) buyer premium to Cash Realty and Auction; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with
the terms of sale upon which the offer was submitted.
PASSED
AYES -12 NOES - 0
NO. 134
RESULTS OF NEGOTIATIONS - 16 AND 18 ALWIN PLACE
(ITEM NO. 66, C.C.P., JUNE 29, 1999)
That the offer from Mrs. Betty Gates, residing at 20 Alwin, in
the sum of Two Thousand Dollars ($2,000.00) for the
purchase of 16 and 18 Alwin Place, be and they hereby are
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
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 135
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING
(ITEM NO. 185, C.C.P., JUNE 29, 1999)
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
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Mrs. LoTempio moved:
That the Ordinance Amendment as contained in Item No. 185,
C.C.P., June 29, 1999, be and the same hereby is approved.
PASSED
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
Council, and the hearing is opened.
CARRIED.
Mrs. LoTempio now moved that the hearing be closed.,
Seconded by&,
CARRIED.
PASSED
AYES -12 NOES - 0
NO. 136
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING
(511-79.9)
(ITEM NO. 186, C.C.P., JUNE 29, 1999)
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
Mrs. LoTempio Moved:
That the Ordinance Amendment as contained in Item No. 186,
C.C.P., June 29, 1999, be and the same hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 137
DENNIS MINOGUE, AGENT - PETITION TO USE 820
HERTEL AVENUE - POLE SIGN
(ITEM NO. 87, C.C.P., JUNE 15, 1999)
(ITEM NO. 131, C. C. P., JUNE 29, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 138
DAVID LEVE, AGENT - PETITION TO USE 46-50
GALVESTON - TELECOMMUNICATIONS TOWER
(ITEM NO. 88, C.C.P., JUNE 15, 1999)
(ITEM NO. 132, C.C.P., JUNE 29, 1999)
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 139
WALNUT CAPITAL PARTNERS, PETITION TO REZONE
1627 BROADWAY
(ITEM NO. 89, C.C.P., JUNE 15, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio 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,
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Section 511-126 of Article XXV of Chapter 51 1 as it relates
to the use map thereof be amended to show a "CM7'
Commercial District rather than a "R-2" Residential District for
the premises known as 1627 Broadway, and more particularly
described as follows:
All that Tract or parcel of land situate in the City of Buffalo,
County of Erie, and State of New York being part of Lot 50,
Township I 1, Range 7, and further being Subdivision Lots 45,
46, 47 & 48 as said lots are shown on Map Cover 245
bounded and described as follows.
Beginning in the easterly boundary of North Central Avenue
103.46 feet southerly from its intersection with the southerly
boundary of Broadway; said point of beginning being the
northwesterly corner of Subdivision Lot 48.
Thence Easterly along the northerly line of Subdivision Lot 48,
103.43 feet to the northeasterly corner thereof Thence
Southerly along the easterly line of Subdivision Lots 48, 47, 46
& 45, 120.0 feet to the southeasterly comer of Subdivision Lot
45.
Thence Westerly along the southerly line of Subdivision Lot
45, 103.43 feet to the easterly boundary of North Central
Avenue.
Thence Northerly along the easterly boundary of North Central
Avenue, 120.0 feet to the Point of Beginning.
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 rezoning will not be effective until such conditions as
set by the City Planning Board are met.
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.
It is hereby certified, pursuant to Section 34 of he Charter that
the immediate passage of the fore oin ordinance is necessary.
PASSED
AYES -12 NOES - 0
NO. 140
WALNUT CAPITAL PART.-USE 1627 BROADWAY-R2 TO
CM-DRUG STORE (PLAN. BD.)(ITEM NO. 6 C.C.P. JUNE
29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 141
CARBON MONOXIDE DETECTION
(ITEM NO. 170 C.C.P. FEBRUARY 9, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 142
L.MECKLER-NFTA-ADOPTION OF BUS STOPOVER
PRIVILEGES
(ITEM NO. 53 C.C.P. MARCH 23, 1999)
That the above item be, and the swne is hereby received
and filed.
ADOPTED.
NO. 143
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SIDEWALK CAFE - 130 SOUTH PARK AVENUE
(ITEM NO. 25, C.CR, APR. 20, 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. 144
F.BALCERZAK-INFO.-GENERATE REVENUE (ITEM
NO. 74 C. C.P. MAY 18, 1999)
That the above item be, and the same is hereby referred to
Community Development.
ADOPTED.
NO. 145
SIDEWALK CAFE - 3112 MAIN STREET
(ITEM NO. 3 7, C. C. P., JUNE 15, 1999)
That the,Commissioner of Public Works be, and he hereby
is authorized to issue a 4cmere license" to Mr. David S. Jun,
owner of Osaka Sushi Bar and Grille, located at 3112 Main
Street, to install a sidewalk cafe, which would encroach city
right-of-way at said address, subject to the following
conditions:
I .That the applicant obtains any and all other City of Buffalo
permits necessary.
2.That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of Public
Works, Division of Buildings.
3.That the sidewalk cafe does not exceed twenty-one feet (2
F) in length or extend more than nine feet (9') from the
building face.
4.That no portion of the sidewalk cafe be permanent in nature
or permanently affixed to the main building or public sidewalk.
5.That the sidewalk cafe be completely removed from City
right-of-way from November 15 to April I each year.
6.That the applicant be assessed the annual fee of one dollar
and thirty cents ($1.30) per square foot of City right-of-way
occupied by said sidewalk cafe as described in Chapter 413,
Article IX, Section 59 (Sidewalk Cafes) of the City
Ordinances.
7.That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss or
damage arising out of the construction, maintenance, use and
removal of said sidewalk cafe.
PASSED
AYES -12 NOES - 0
NO. 146
ENCROACH 64 WEST CHIPPEW TREET - AWNING (ITEM
NO. 48, C.C.P., JUNE 1, 1999) (ITEM NO. 126, C.C.P.,
JUNE 15, 1999)
That the Commissioner of Public Works be, and he hereby
is authorized to issue a 44mere license" to Mr. Frank
Parisi, owner of Soho Bar, located at 64 West Chippewa
Street, to install an awning, which would encroach city right-of-
way at said address, subject to the following conditions:
I .That the applicant obtains any and all other City of Buffalo
permits necessary for said installation.
2.That the awning be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
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3.That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and
removal of said awning.
PASSED
AYES -12 NOES - 0
NO. 147
ENCROACH 254 DELAWARE AVENUE - SIGN
(ITEM NO. 47, C.C.P., JUNE 29, 1999)
That the Commissioner of Public Works be, and he hereby
is authorized to issue a t4mere license" to Mr. Thomas
Giordano, owner of Forget Me Not Flower Shop, located at
254 Delaware Avenue, to install a sign, which would encroach
city right-of-way at said address, subject to the following
conditions:
1. That the applicant obtains any and all other City of Buffalo
Permits necessary for said installation.
2. That the sign be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3 . That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and
removal of said sign.
PASSED
AYES -12 NOES - 0
NO. 148
P. PARISI,-USE 64 E. CHIPPEWA ST.-SIGN/AWNING
ENCROACH (PLAN. BD.)
(ITEM NO. 4 C.C.P. JUNE 15, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 149
NOTIF SERIALS #9146-7 (PW)
(ITEM NO. 21 C. C.P. JUNE 29, 1999)
That the above item be, and the swne is hereby received
and filed.
ADOPTED.
NO. 150
BILLIARD PARLOR - 74 PEARL STREET
(ITEM NO. 59, C.C.P., JUNE 29, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Lotempio Moved:
That pursuant to Chapter 92 of the City Code, the Director of
Inspections, Licenses and Permits be, and he hereby is
authorized to grant a Billiard Parlor license to Nicholas Wesley
d/b/a Pearl Street Grill & Brewery located at 74 Pearl Street.
PASSED
AYES -12 NOES - 0
NO. 151
RESTAURANT DANCING CLASS III - ONE WEST FERRY
STREET
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(ITEM NO. 65, C.C.P., JUNE 29, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio 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 III license to
Anthony Pellerite/B.R. Guest, Ltd., d/b/a Renaissance
Catering, located at One West Ferry Street.
PASSED
AYES -12 NOES - 0
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 152
CDBG FLOAT LOAN - DELAWARE NORTH KEY CENTER
PROJECT (ITEM NO. 183, C.C.P., JUNE 29, 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. 153
ANNUAL AUDIT-FY ENDING MAY 31, 1998 (BERC)
(ITEM NO. 63 C. C.P. MAY 18, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 154
REQ. PERM.-ACQ. 736 & 752 MAIN ST.
(ITEM NO. 63 C. C.P. JUNE 1, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 155
DEMO. OF VERNOR BLDG. (PRES. BD) (#7, 6/9)
(ITEM NO. 98 C. C. P. JUNE 1,1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 156
DEMO. OF VERNOR BLDG. (PRES. BD) (# 184, 5/26)
(ITEM NO. 99 C. C.P. JUNE 15, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 157
TRANSFER OF TITLE, URBAN HOMESTEAD - 260
SOUTHAMPTON STREET (ITEM NO. 57, C.C.P., JUNE 15,
1999)
That the Buffalo Urban Renewal Agency owned property
commonly known as 260 Southampton Street, is hereby
designated as Homestead Property, and that the Mayor be,
and he hereby is authorized to execute a deed transferring
said property to Mr. Terrance Heard, residing at 256
Southampton Street, in the amount of $1.00 (One Dollar), and
all costs of transfer, on the condition the property is cleared
and improved within six (6) months and maintained in a
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sanitary manner.
PASSED
AYES -12 NOES - 0
NO. 158
TRANSFER OF TITLE, URBAN HOMESTEAD - 43
WOEPPEL (ITEM NO. 67, C.C.P., JUNE 29, 1999)
That the Buffalo Urban Renewal Agency owned property
commonly known as 43 Woeppel, is hereby designated as
Homestead Property, and that the Mayor be, and he hereby is
authorized to execute a deed transferring said property to Mr.
Robert Bailey, residing at 47 Woeppel Street, in the amount
of $1.00 (One Dollar), and all costs of transfer, on the
condition the property is cleared and improved within six (6)
months and maintained in a sanitary manner.
PASSED
AYES -12 NOES - 0
NO. 159
SENECA NATION LAWSUIT
(ITEM NO. 213 C.C.P. JUNE 15, 1999)
That the above item be, and the same is hereby received
and filed.
RECEIVED AND FILED
NO. 160
SENECA INDIAN OF NATIONS, ET AL, V. STATE OF NY,
ET AL (LAW)
(ITEM NO. 57 C.C.P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 161
UPDATED JUNE 1999 OFFICE SPACE INVENTORY RPT.
(CD)
(ITEM NO. 68 C. C. P. JUNE 29, 1999)
That the above item be, and the same is hereby received
and filed.
ADOPTED.
NO. 162
BY: MR. BROWN AND MS. MILLER-WILLIAMS
DISPLAY BANNERS FOR THE RIM ROCKER
BASKETBALL TOURNAMENT
Whereas The 2nd annual "Rim Rocker" basketball
tournament is scheduled to be held on August 7, and August
8, 1999; and
Whereas: This basketball tournament is a chance for
citizens from around Western New York and Southern
Ontario to test their athletic skills in friendly
competition; and
Whereas: To promote this event, the organizers of the
tournament have requested permission to display a banner
on Grider Street near E. Delavan Avenue
from August 2, 1999 through August 9, 1999;
Now, Therefore, Be It Resolved:
That this Common Council grants permission for a banner to
be displayed promoting the Rim Rocker basketball
tournament pursuant to the conditions established by the
Commissioner of Public Works, the
Corporation Counsel, and the Special Events Advisory
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Committee.
PASSED
AYES -13 NOES - 0
NO. 163
BY: MR. COPPOLA
HEARING ON BLUE CROSS DRUG PLAN
Whereas: Blue Cross and Blue Shield has recently
announced it will be restricting the locations
where its 567,000 WNY members can get their prescriptions
filled to Rite Aid, Tops, and select independent pharmacies;
and
Whereas: The company apparently did little research into
the impact of this move because the public backlash has been
enormous; and
Whereas: Decade-long relationships between consumers
and pharmacists will be destroyed by this move, competition
between drug providers will be skewed, and
seniors and others will be forced to go long distances where
they could once walk across the street to purchase life saving
medication; and
Whereas: By forcing V2million consumers to shop at far
fewer drug stores, the "Blues" are reviving images of Soviet
style lines where people have to wait hours for
the necessities of life; and
Whereas: Hundreds of City employees will be impacted by
this proposal and city government has an obligation to
challenge it on their behalf, and
Whereas: There appears to be no forum for public input on
this disastrous change and it is crucial that the public be heard
on this issue;
Now, Therefore, Be It Resolved That:
This Common Council requests the Committee on Legislation
to hold a public hearing on the Blue Cross/Blue Shield
Pharmacy Restriction Plan at 5:00 PM on
Tuesday, July 20th, 1999; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this
resolution to Blue Cross/Blue Shield, AFSCME Locals 264
and 650, the Police and Fire Unions and to Attorney
General Elliott Spitzer.
ADOPT FINAL RESOLVES, REMAINDER
COMMITTEE ON LEGISLATION
NO. 164
BY: MR. COPPOLA
APPT LEGISLATIVE AIDE
Now, Therefore Be It Resolved:
That Craig V. Palladino, 33 Carmel Road, Buffalo, New York
14214, is hereby appointed as Legislative Aide to Council
Member Alfred T. Coppola effective Monday, July 12, 1999.
ADOPTED
NO. 165
BY: MR. COPPOLA
MAYOR'S IMPACT TEAM
Whereas: The Mayor's Impact Team (MIT) has filled an
important role, delivering emergency and high impact services
to various neighborhoods at the direction of the
Mayor and his staff, and
Whereas: However, the MIT team has functioned with
very little oversight, and in an open and democratic
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government it is important that all functions be
accountable to the taxpayers; and
Whereas: In that light, it is time that reports be filed publicly
detailing the structure and funding of the MIT team;
Now, Therefore, Be It Resolved That:
This Common Council requests the Mayor's office to file a
report detailing the following:
• The chain of command for the MIT team;
• Job titles within the MIT team;
• Number of personnel assigned on a regular basis;
• The rationale for the patrol car which is assigned to the
MIT team along with the hours this car is kept out of service
from regular police duties;
• Identification of the person or office in charge of the MIT
team budget;
and
Be It Further Resolved That:
This Common Council requests the US Department of
Housing and Urban Development to file a report detailing how
HUD funds are used to support MIT team
activities; and
Be It Finally Resolved That: These reports be filed with the
Common Council by 2:00 PM on Thursday,
July 22, 1999.
ADOPT
NO. 166
BY: MR. COPPOLA
REQUEST INVESTIGATION OF NIAGARA MOHAWK
OVERCHARGES
Whereas: City consultant Troy and Banks, Inc, has
recommended seeking the recovery of more than $1 million in
overcharges for phantom street lights for which the
City was billed in the 1970's and 1980's; and
Whereas: In a "sweetheart deal" stuck under the duress of
the Hurd lawsuit, the City of Buffalo settled in September of
1988 for $346,000 to pay for overcharges of
1,465,818.56; and
Whereas: This deal ignored more than $1 million in
overcharges because Niagara Mohawk had, without the
required Public Service Commission approval,
inserted a clause into a service contract with the City that
precluded "retroactive charges"; and
Whereas: According to Troy & Banks, Inc. "Niagara
Mohawk was able to get the City to 'pay' for a deal it was not
in a position to 'sell' under its own policy and under
Public Service Commission Regulations"; and
Whereas: As a matter of justice for City taxpayers it is
important that these charges be recouped and that the
company be made accountable for its illegal actions in
this matter;
Now, Therefore, Be It Resolved That:
This Common Council commends Troy & Banks, Inc. for its
diligence and requests the administration to pursue full
payment of the more than $1 million in overcharges; and
Be It Further Resolved That: This Common Council requests
Attorney General Elliott Spitzer to investigate
Niagara Mohawk's apparent illegal insertion of a clause
which compromised the City's ability to collect the full amount
owed by the utility.
ADOPT
NO. 167
BY: MR. COPPOLA
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SUPPORT THE ACID DEPOSITION AND OZONE
CONTROL
ACT
Whereas: Acid-rain-causing pollution is carried on
prevailing winds and can drift for hundreds of
miles before it is deposited by rain or snow, often in high
altitude areas such as the Adirondack Mountains; and
Whereas: Niagara Mohawk's coal plants in Dunkirk and
Tonawanda are some of the worst sources of acid rain
precursors in New York State; and
Whereas: In spite of NIMO's emissions, New York State
has relatively low per capita sulfur dioxide and nitrogen oxide
emissions, and
Whereas: However, New York continues to suffer some
of the worst acid rain damage in the nation
due to our location downwind from dirty Midwest coal burning
power plants; and
Whereas: 500 of the 2,800 ponds and lakes in the
Adirondack Park are already too acidic to
support the plants and wildlife that once existed in them; and
Whereas: Precipitation falling on the Adirondack Park can
be 200 times more acidic than untainted rain, with a pH of 3.3
or less; and
Whereas: Each spring, as the previous winter's snowpack
melts all at once, the resulting "acid shock"
causes the pH in over 58% of the Park's waters to drop below
5.0 for weeks at a time; and
Whereas: Acid rain also increases mercury leaching,
releasing a very toxic metal that is responsible
for a substantial portion of the fish advisories in place today;
and
Whereas: The 1990 Clean Air Act has not gone far
enough in reducing acid rain and, as a result,
more than 50,000 WNY residents have signed petitions
supporting the Acid Deposition and Ozone Control Act; and
Whereas: This Act would reduce 50% of the sulfur and
70% of the nitrogen power plant emissions that are causing
acid rain while reducing particulate and ozone pollution
that have been linked to asthma and other respiratory
disorders;
Now, Therefore, Be It Resolved That:
This Common Council commends New York Senators Daniel
Patrick Moynihan and Charles Schumer and New York
Representatives Boelhert and Sweeny for
introducing the Acid Deposition and Ozone Control Act; and
Be It Further Resolved That:
This Common Council requests the WNY Congressional
delegation to support the Acid Deposition and Ozone
Control Act and urges Congress to pass this Act swiftly;
and
Be It Finally Resolved That:
The City Clerk be directed to send certified copies of this
resolution to the Citizens Campaign for the Environment, the
members of the Western New York congressional
delegation, Representatives Boelhert and Sweeny, the
Speaker of the House, the Senate Majority Leader, and
President Clinton.
ADOPT
NO. 168
BY: RICHARD FONTANA, LOVEJOY DISTRICT
COUNCILMEMBER
SET PUBLIC HEARING
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NEW BUFFALO INDUSTRIAL PARK
LDA APPROVAL - UPSTATE
SYSTEMS, INC.
1.5ACREPORTIONPARCEL#5
WHEREAS, Upstate Systems, 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 have negotiated a Land Disposition
Agreement for the disposition of a 1.5 acre portion of
Disposition Parcel 5 in the New Buffalo Industrial Park Urban
Renewal Area, 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
NOW, THEREFORE, BE IT RESOLVED:
THAT, the City Clerk be and is hereby directed to publish the
attached Notice of Hearing in the Buffalo News no later than
the 16th day of July 1999.
THAT, this Common Council will hold a public earing on the
proposed agreement, on the 27th day of July, 1999.
ADOPT
NO. 169
BY: MR. FONTANA
HOMESTEADING OF 80 MORELAND
Whereas: For many years 78 Moreland Street has
been a boarded up eyesore in the Lovejoy
neighborhood; and
Whereas: Being that this property is next to a vacant city
owned lot, it is possible to build a new home at this site; and
Whereas: Currently, 80 Moreland Street is a vacant city
owned lot that is not on the tax rolls; and
Whereas Lovejoy District Neighborhood Revitalization
Services will act as the Developer of the new home; and
Whereas: Currently 78 Moreland is owned by the
Lovejoy District Neighborhood
Revitalization Service and they would like to homestead 80
Moreland Street with the intent to build a moderate income
home; and
Therefore, Be It Resolved: The Common Council direct the
Division of In-Rem properties to homestead 80 Moreland
to Lovejoy District Neighborhood Revitalization
Service for the purpose of building a single family home
using 78 & 80 Moreland Ave.
ADOPT
NO. 170
BY: COUNCIL MEMBER FRANCZYK
SUPPORT STATE EDUCATION REFORM BILL
WHEREAS: A part of Buffalo's desperate and continued
loss of population is based on frustration with glacial reform
of Buffalo's Education system; and,
WHEREAS: An area of reforrn has been advocated
through an Assembly bill sponsored by Sam Hoyt along
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with Assemblymen Brian Higgins, Paul Tokasz and
Richard Smith; and,
WHEREAS: The Education Reform bill has been
sponsored and approved by the Senate through the
initiative of Senator Dale Volker; and,
WHEREAS: The essence of the bill would grant the Mayor
of the City of Buffalo the power to appoint two school
board members, increasing that body's number from nine
to eleven; and,
WHEREAS: The purpose of the bill is the belief that the
Mayor should regain a voice in the policy and
administrative decisions made by the board, in light of the fact
that the city provides about half of the School Board's funding,
yet has no power over decision making; and,
WHEREAS: The Hoyt/Volker bill strikes a balances
between an all-appointed or all- elected School Board,
which manages over 46% of the city's total property tax
levy; and,
WHEREAS: A primary reason for the continued
hemorrhaging of population outside the city is a
powerlessness by the city to play a greater role in education
decision making, and;
WHEREAS: The public's confidence in the Board of
Education has been shaken by millions of dollars in judgement
against the Board as a result of faulty teacher contract
negotiations in addition to the delay of millions of dollars owed
to the Board due to in- house bureaucratic ineptitude; and,
WHEREAS: The additional two School Board members
appointed by the Mayor will facilitate communication,
increase accountability and provide proof that there will be
dramatic changes in the operation of the Board; and
WHEREAS: It appears as if the bill is blocked in the Assembly
due to the lobbying against it by Assemblyman Arthur 0. Eve,
who seems to recommend that the way to fix the
problem at the Board of Education is simply to throw more
money into the system, absent of fuller accountability; and,
WHEREAS: Throwing money at a problem without the
corresponding substantive reform measures is hardly a recipe
for positive change;
NOW THEREFORE BE IT RESOLVED:
That the Common Council memorializes the State Assembly
and Senate to vote to approve the amending of the Education
Law providing for the appointment of two additional members
to the Buffalo Board of Education by the Mayor increasing
School Board representation from nine to eleven.
LAID ON THE TABLE
NO. 171
BY: MR. FRANCZYK:
BOND RESOLUTION
$55,000 BONDS
LIBRARY IMP.-EAST DELAVAN BRANCH
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $55,000 General Improvement
Bonds of said City, to finance the cost of partial reconstruction
of the East Delavan Branch Library in the City, at the
estimated maximum cost of $55,000.
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:
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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 Fifty-five Thousand
Dollars ($55,000), 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 partial reconstruction of the East
Delavan Branch Library in the City, including roof
replacement. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $55,000
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
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Library
Improvements-East Delavan Branch, 1999-00," Account No.
200-402, and shall be used for the specific object or purpose
specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $55,000. This
resolution is a declaration of Official Intent adopted pursuant
to the requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The building to be partially reconstructed is of at least
Class "B" construction, as defined by Section 11.00 a.11(b) of
the Law and the period of probable useftilness applicable to
the specific object or purpose which the bonds authorized by
this resolution are to be issued, within the limitations of
Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen
(15) years.
(b) Current ftinds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the
recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by general tax upon all the taxable real property
within said City without limitation as to rate or amount. The
faith and credit of said City are hereby irrevocably pledged to
the punctual payment of the principal of and interest on said
bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and
for the amounts required for the amortization and redemption
of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if:
(a)such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
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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: July 13, 1999
LAID ON THE TABLE
NO. 172
BY: MR. FRANCZYK:
$80,000 BONDS
MUSEUM OF SCIENCE IMPROVEMENTS
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $80,000 General Improvement
Bonds of said City, to finance the cost of upgrading the fire
alarm system for the Museum of Science Building located at
1020 Humboldt Parkway, in the City, at the estimated
maximum cost of $80,000.
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 Eighty Thousand Dollars
($80,000), 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 upgrading the fire alarm system for the
Museum of Science Building located at 1020 Humboldt
Parkway, in the City. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by
this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $80,000,
as set forth in the duly adopted Capital Improvements Budget
of said City for fiscal year 1999 as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited
in the Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Improvements-Museum
of Science, 1999-00", Bond Authorization Account No. 200-
402, and shall be used for the purpose specified in Section 1
of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $80,000. 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
specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of
Section 11.00 a.25 of the Local Finance Law, is ten (10)
years.
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(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes
shall contain the recital of validity as prescribed by Section
52.00 of the Local Finance Law.
Said bonds and said notes shall be general obligations of the
City of Buffalo payable as to both principal and interest by
general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of
said City are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and
said notes.
Provision shall be made annually by appropriation by said City
for the payment of interest on and for the amounts required
for the amortization and redemption of said bonds and said
notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose
for which the City of 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: July 13, 1999
LAID ON THE TABLE
NO. 173
BY: MR. FRANCYCK:
BOND RESOLUTION
$100,000 BONDS
HANDICAPPED RAMPS CONSTRUCTION
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $100,000 General
Improvement Bonds of said City, to
finance the cost of partial reconstruction of various curbs and
sidewalks throughout the City to provide for handicapped
access, at the estimated maximum cost
of $100,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote
of not less than two-thirds of all the members of said
Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Hundred
Thousand Dollars ($100,000), 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
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cost of partial reconstruction of various curbs and
sidewalks to provide handicapped access throughout 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 $100,000, as
set forth in the duty 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
anticipation of the sale of said bonds shall he deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Construction
Handicapped Intersections Ramps, 1999-00", Bond
Authorization Account No. 200-401, and shall be
used for the class of objects or purposes 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
$100,000.
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 II. 00 a. 24. of the Law, is ten (IO) 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 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 for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by for the payment of
interest on and for the amounts required for the amortization
and redemption of said bonds and said notes.
Section 6. 'ne 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 this 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,
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or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: July 13, 1999
Laid on the Table
NO. 174
BY MR. FRANCZYK:
BOND RESOLUTION
$150,000 BONDS JUBILEE-RIVERSIDE COMMUNITY
CENTER
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $150,000 General Improvement
Bonds of said City, to finance the cost of
the partial reconstruction of the Jubilee-Riverside Community
Center located at 1936 Niagara Street, at the estimated
maximum cost of $150,000.
The Common Council of the City of Buffalo, in the
County of Erie, New York hereby resolves (by the
favorable vote of not less than two-thirds of all the members
of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Hundred
Fifty Thousand Dollars ($150,000), pursuant to the
provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws
of the State of New York (the "Law"); to finance the cost of
the partial reconstruction of the Jubilee- Riverside
Community Center located at 1936 Niagara Street, in the
City. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by
this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is
$150,000, 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
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Rehabilitation Jubilee
Center", Bond Authorization Account No. 200-402, 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
$150,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building to be partially reconstructed is of
Class "B" construction as defined by Section 11.00 a. I 1. (b)
of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued, within
the limitations of Section I 1.00 a. 12.(a)(2) of the Local
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Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision
shall be made annually by appropriation by said City for
the payment of interest on and for the amounts required for
the amortization and redemption of said 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: July 13, 1999
LAID ON THE TABLE
NO. 175
BY: MR. FRANCZYK:
BOND RESOLUTION
$200,000 BONDS
COUNCIL CHAMBERS RESTORATION
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $200,000 General Improvement
Bonds of said City, to finance the cost of partial reconstruction
of the Common Council Chambers in City Hall, in the City, at
the estimated maximum cost of $200,000.
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
Thousand Dollars ($200,000), 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 cost of
partial reconstruction of the Common Council Chambers in
City Hall, in the City. The estimated maximum cost of
said specific object or purpose for which the bonds
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authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $200,000 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
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Restoration- Council
Chambers, 1999-00," Account No. 200-402, and shall be
used for the specific object or
purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$200,000.
This resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation
Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The building to be partially reconstructed is of at
least Class "B" construction, as defined by Section 11.00
a.11(b) of the Law and the period of probable
usefulness applicable to the specific object or purpose which
the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 a.12(a)(2) of the Local
Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with Section
107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to both
principal and interest by general tax upon all the taxable real
property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said 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
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(c) such obligations are authorized in violation of the
provisions of the constitution.
Introduced: July 13, 1999
LAID ON THE TABLE
NO.176
BY: MR. FRANCZYK:
BOND RESOLUTION
$200,000 BONDS
POLICE HEADQUARTERS-CELLBLOCKS
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $200,000 General Improvement
Bonds of said City, to finance the cost of partial reconstruction
of the Police Headquarters building, in the City, at the
estimated maximum cost of $200,000.
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
Thousand Dollars ($200,000), 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 partial reconstruction of the Police Headquarters
building, in the City, including cellblock improvements. The
estimated maximum cost of said specific object or purpose
for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto
and the financing thereof, is $200,000 as set forth in the
duly adopted Capital Improvements Budgets of said City for
fiscal year 1999/00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in
the Capital Projects Fund to the credit of the Department
of Public Works, Division of Buildings, "Improvements
Police Headquarters, Cellblock, 1999-00, " Account No.
200-402, and shall be used for the specific object or
purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$200,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building to be partially reconstructed is of at
least Class "B" construction, as defined by Section I 1.00 a. 1
I(b) of the Law and the period of probable usefulness
applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued, within
the limitations of Section 11. 00 a. 12(a)(2) of the Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
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bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with Section
107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes
shall be general obligations of the City of Buffalo payable as
to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and said notes.
Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts
required for the amortization and redemption of said
bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose
for which the City of 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: July 13, 1999
LAID ON THE TABLE
NO.177
BY: MR. FRANCZYK:
BOND RESOLUTION
$229,000 BONDS
ZOO FACILITIES IMPROVEMENTS
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $229,000 General Improvement
Bonds of said City to finance the cost of partial reconstruction
of two buildings at the Buffalo Zoo, in the City, at the
estimated total cost of $229,000.
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, is hereby authorized and
directed to issue General Improvement Bonds of said City
in the principal amount of Two Hundred Twenty Nine
Thousand Dollars ($229,000), 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 partial
reconstruction of two buildings at the Buffalo Zoo, in the
City, including handicapped access improvements at the
Main Building and the Elephant House, and commencement
of lead abatement efforts in the reptile area of the Main
Building. The estimated total cost of said specific object or
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purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $229,000 as
set forth in the duty 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
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Improvements
Zoo (Handicapped Access & Lead Abatement), 1999-00",
Bond Auttiorization Account No. 200-402,
and shall be used for the specific object or purpose specified
in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements
for which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$229,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of
Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing buildings are of Class "B" construction as
defined by Section 11.00 a. 11. (b) of the Law, and the
period of probable usefulness applicable to the specific
object or purpose for which the bonds authorized by this
resolution are to be issued within the limitations of
Section11.00 a. 91 of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity 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 for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by saidCity 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 this 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
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(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: July 13, 1999
LAID ON THE TABLE
NO. 178
BY: MR. FRANCZYK:
BOND RESOLUTION
$280,000 BONDS
REHABILITATION PRECINCT NO. 11
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $280,000 General Improvement
Bonds of said City, to finance the cost of the
partial reconstruction of Police Precinct No. 11 located in the
Lovejoy District, in the City, at the estimated maximum cost of
$280,000.
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
Eighty Thousand Dollars ($280,000), pursuant to the
provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"), to finance the cost
of the partial reconstruction of Police Precinct No. 11 located
in the Lovejoy District, in the City. The estimated maximum
cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $280,000 as set forth in the
duly adopted Capital Improvements Budgets of said City for
fiscal year 1999/00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Rehabilitation
Precinct No. I 1, 1999-00, " Account No. 200402, and shall be
used for the specific object or purpose specified
in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$280,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building to be partially reconstructed is of
Class "B" construction as defined by Section 11.00 a. 11.
(b) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued, within
the limitations of Section 1 1.00 a. 12.(a)(2) of the Local
Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be
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provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with Section
107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes
shall be general obligations of the City of Buffalo payable as
to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and
said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose
for which the City of 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: July 13, 1999
LAID ON THE TABLE
NO. 179
BY: MR. FRANCYCK:
BOND RESOLUTION
$300,000 BONDS
HANDICAPPED ACCESS IMPROVEMENTS
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $300,000 General
Improvement Bonds of said City, to
finance the cost of partial reconstruction of various
City-owned buildings to provide for handicapped access, at
the estimated maximum cost of $300,000.
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 Three
Hundred Thousand Dollars ($300,000), 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 of partial reconstruction of various City-owned
buildings to provide for handicapped access. The estimated
maximum cost of said class of objects or
purposes for which the bonds authorized by this resolution
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are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $300,000,
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
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Handicapped
Access Improvements, 1999-00", Bond Authorization
Account No. 200-402, and shall be used for the
class of objects or purposes 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
$300,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of
Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The existing buildings are of Class "B" construction as
defined by Section 11.00 a. 11. (b) of the Law, and the
period of probable usefulness applicable to the 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. 12. (a)(2) of the Law, is fifteen (I 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 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 for 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 11-21- 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 this 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,
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or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: July 13, 1999
LAID ON THE TABLE
NO. 180
BY: MR. FRANCZYK:
BOND RESOLUTION
$300,000 BONDS
HISTORICAL SOCIETY REHABILITATION
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $300,000 General Improvement
Bonds of said City, to finance the cost of partial reconstruction
of the Historical Society building in
Delaware Park, in the City, at the estimated maximum cost of
$300,000.
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 Three
Hundred Thousand Dollars ($300,000), 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 partial reconstruction of the Historical
Society building in Delaware Park, in the City, including
reconstruction of south portico steps and terrace walls. 'Me
estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are
to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $300,000 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
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, " Rehabilitation-
Historical Society (Exterior), 1999-00, " Account No. 200-402,
and shall be used for the specific object or purpose
specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$300,000.
This resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The building to be partially reconstructed is of at
least Class "B" construction, as defined by Section 11.00
a.11(b) of the Law and the period of probable
usefulness applicable to the specific object or purpose which
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the bonds authorized by this resolution are to be
issued, within the limitations of Section 11.00 a.12(a)(2) of
the Local Finance Law, is fifteen (15) years.
(b) Current ftinds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with Section
107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to both
principal and interest by general tax upon all the taxable real
property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if:
(a) such obligations are authorized for an object or purpose
for which the City of 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: July 13, 1999
LAID ON THE TABLE
NO. 181
BY: MR. FRANCZYK:
BOND RESOLUTION
$500,000 BONDS
TOSH COLLINS COMM. CTR. EXPANSION
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $500,000 General Improvement
Bonds of said City, to finance the cost of
the partial reconstruction of the Tosh Collins Community
Center located at Cazenovia Street and Abbott Road, in the
City, at the estimated maximum cost of $1,000,000.
The Common Council of the City of Buffalo, in the
County of Erie, New York, hereby resolves (by the
favorable vote of not less than two-thirds of all the members
of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of Five Hundred
Thousand Dollars ($500,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"); to finance the cost of the
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partial reconstruction of the Tosh Collins Community
Center located at Cazenovia Street and Abbott Road, in
the City. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is
$ 1,000,000, 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
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Expansion-Tosh
Collins Center, 1999-00", Bond Authorization Account No.
200-402, 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
$500,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building to be partially reconstructed is of
Class "B" construction as defined by Section 11.00 a. 11. (b)
of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued, within
the limitations of Section I 1.00 a. I 2.(a)(2) of the Local
Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes
shall be general obligations of the City of Buffalo payable as
to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City
are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and said
notes. Provision shall be made annually by appropriation by
said City for the payment of interest on and for
the amounts required for the amortization and redemption of
said 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
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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: July 13, 1999
LAID ON THE TABLE
NO. 182
FRANCZYK:
BOND RESOLUTION
$ 1,000,000 BONDS
RESTORATION KLEINHANS MUSIC HALL
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,000,000 General
Improvement Bonds of said City to
finance the cost of the partial reconstruction of Kleinhans
Music Hall, at the estimated total cost of $ 1,000,000.
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, is hereby authorized and
directed to issue General Improvement Bonds of said City
in the principal amount of One Million Dollars ($1,000,000),
pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the
"Law"), to finance the cost of the partial reconstruction of
Kleinhans; Music Hall, including interior and exterior
restoration. The estimated total cost of said specific object or
purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is
$1,000,000 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
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department
of Public Works, Division of Buildings, "Restoration
Kleinhans Music Hall, 1999-00", Bond Authorization
Account No. 200-402, and shall be used for the specific
object or purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$1,000,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building is of Class "B" construction as defined
by Section 11.00 a. 11. (b) of the Law, and the period of
probable usefulness applicable to the specific object or
purpose for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15)
years.
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(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 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 for 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. 'Me 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 this 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: July 13, 1999
LAID ON THE TABLE
NO. 183
BY: MR. FRANCZYK:
BOND RESOLUTION
$ 1, 100,000 BONDS
MARINE DRIVE PROJECT
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1,100,000 General Improvement Bonds of
said City, to finance the cost of partial reconstruction of
Marine Drive in the City, at the estimated maximum cost of $
1,100,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote
of not less than two-thirds of all the members of said
Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Million One
Hundred Thousand Dollars ($ 1, 100,000), 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
partial reconstruction of Marine Drive, from Erie Street to
Main Street, in the City. The estimated maximum cost of
said specific object or purpose for which the bonds authorized
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by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is
$1,100,000, 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
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department
of Public Works, Division of Engineering,
"Reconstruction Marine Drive Streets-Erie to Main Street,
1999-00", Bond Authorization Account No.
200-401, and shall be used for the specific object or purpose
specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $1,100,000. 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
specific object or purpose for which the bonds authorized
by this resolution are to be issued within the limitations of
Section 11.00 a. 20. of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity 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 for 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 this 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: July 13, 1999
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LAID ON THE TABLE
NO. 184
MR. FRANCZYK:
BOND RESOLUTION
$1,200,000 BONDS
CONSTRUCTION JEFFERSON LIBRARY
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,200,000 General Improvement
Bonds of said City, to finance the construction of a new 'Hub'
library building at Jefferson Ave. and Utica St. in the Masten
District, in the City, at the estimated maximum cost of
$1,200,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote
of not less than two-thirds of all the members of said
Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Million
Two Hundred Thousand Dollars ($1,200,000), pursuant to
the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"), to
finance the cost of construction of a new 'Hub' library
building at Jefferson Ave. and Utica St. in the Masten District,
in the City. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is
$2,950,000 as set forth in the duly adopted Capital
Improvements Budgets of said City for
fiscal year 1999/00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in
the Capital Projects Fund to the credit of the Department
of Public Works, Division of Buildings, "Construction
Jefferson Library, 1999-00, " Account No. 200-402, and shall
be used for the specific object or purpose
specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$1,200,000.
This resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation
Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The building to be constructed is of at least Class "B"
construction, as defined by Section 11.00 a. I l(b) of the Law
and the period of probable usefulness applicable to the
specific object or purpose which the bonds authorized by this
resolution are to be issued is twenty (20) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with Section
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107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes
shall be general obligations of the City of Buffalo payable as
to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and said notes.
Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds
and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose
for which the City of 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 die
provisions of the constitution.
Introduced: July 13, 1999
LAID ON THE TABLE
NO. 185
MR. FRANCYCK:
BOND RESOLUTION
$2,500,000 BONDS
NORTH DISTRICT/NIAGARA ST. INFRASTRUCTURE
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $2,500,000 General
Improvement Bonds of said City to finance the cost of
infrastructure improvements to portions of Niagara Street
and various streets, curbs, and sidewalks in the City's
North District, at the estimated total cost of $2,500,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote
of not less than two-thirds of all the members of said
Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and
directed to issue General Improvement Bonds of said City
in the principal amount of Two Million Five Hundred
Thousand Dollars ($2,500,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"), to finance the cost of
infrastructure improvements to portions of Niagara Street
and various streets, curbs, and sidewalks in the City's North
District. The estimated total 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 $2,500,000 as
set forth in the
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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
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Infrastructure
Improvements-North District & Niagara Street, 1999-00",
Bond Authorization Account No. 200-401, and shall be
used for the class of objects or purposes 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
$2,500,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The 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
I 1.00 a. 91 of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale
of said bonds and the renewals of said notes shall contain the
recital of validity 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 for 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 this 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 July 13, 1999
LAID ON THE TABLE
NO. 186
MR. FRANCZYK:
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BOND RESOLUTION
$2,900,000 BONDS
EXPANSION DELAVAN-MOSELLE CENTER
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $2,900,000 General Improvement
Bonds of said City, to finance the cost of construction of an
addition to the Delavan-Moselle Community Center, at the
estimated maximum cost of $3,664,000. The Common
Council of the City of Buffalo, in the County of Eric,
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 Million
Nine Hundred Thousand Dollars ($2,900,000), pursuant to
the provisions of the Charter of said City and the Local
Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost
of construction of an addition to the Delavan-Moselle
Community Center located at 660 Moselle Street. The
estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto
and the financing thereof, is $3,664,000 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
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Construction Delavan-
Moselle Center, 1999-00", Bond Authorization Account No.
200-402, 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
$2,900,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building is of Class "B" construction as defined
by Section 11.00 a. 11.
(b) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued, within the
limitations of Section 11.00 a. 12.(a)(2) of the Local Finance
Law, is fifteen (I 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
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sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by general tax upon all the taxable real
property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision
shall be made annually by appropriation by said City for
the payment of interest on and for the amounts required for
the amortization and redemption of said bonds and said
notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if-
(a) such obligations are authorized for an object or purpose
for which the City of 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: July 13, 1999
LAID ON THE TABLE
NO. 187
BY: MR. FRANCZYK:
BOND RESOLUTION
$3,000,000 BONDS
S.BFLO COMM. CTR.
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $3,000,000 General Improvement
Bonds of said City, to finance the cost of construction of the
South Buffalo Community Center located at 2219 South Park
Avenue, in the City, at the estimated maximum cost of
$3,500,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Three Million Dollars
($3,000,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law");
to finance the cost of construction of the South Buffalo
Conuminity Center located at 2219 South Park Avenue, in the
City. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are
to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $3,500,000, 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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anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Buildings, "Construction So. Buffalo
Community Center, 1999-00", Bond Authorization Account
No. 200-402, 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 $3,000,000. This
resolution is a declaration of Official Intent adopted pursuant
to the requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The building to be constructed will be of Class "B"
construction as defined by Section I 1.00 a. I 1. (b) of the Law,
and the period of probable usefulness applicable to the
specific object or purpose for which the bonds authorized by
this resolution are to be issued is twenty (20) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the
recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by general tax upon all the taxable real property
within said City without limitation as to rate or amount. The
faith and credit of said City are hereby irrevocably pledged to
the punctual payment of the principal of and interest on said
bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and
for the amounts required for the amortization and redemption
of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if-.
(a) such obligations are authorized for an object or purpose
for which the City of 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: July 13, 1999
LAID ON THE TABLE
NO. 188
FRANCYCK:
BOND RESOLUTION
$3,350,000 BONDS
INFRASTRUCTURE IMPROVEMENTS
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
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authorizing the issuance of $3,350,000 General
Improvement Bonds of said City to finance the cost of
infrastructure improvements in the City, at the estimated
total cost of $3,350,000.
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, is hereby authorized and
directed to issue General Improvement Bonds of said City
in the principal amount of Four Million Three Hundred Ten
Dollars ($3,350,000), 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 infrastructure
improvements in the City, including various street
improvements, Ellicott District infrastructure, Dorchester
lighting and infrastructure, Niagara District curbs, sidewalks
and street resurfacing, York Street lighting and
infrastructure, and North District curbs and sidewalks. The
estimated total 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
$3,350,000 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
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Infrastructure
Improvements, 1999-00", Bond Authorization Account No.
200-401, and shall be used for the class of objects or
purposes 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
$3,350,000.
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 I 1.00 a. 9 1. of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity 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
Page 103
99-0713.txt
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged for 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 he complied
with at the date of the publication of this 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: July 13, 1999
LAID ON THE TABLE
NO. 189
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
44 - DEPARTMENT OF HUMAN SERVICES, PARKS &
RECREATION
DIVISION OF SUBSTANCE ABUSE SERVICES
1307 - YDA-DACC NARCOTIC CONTROL PROGRAM
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 44 -Department of Human
Services, Parks & Recreation, Division of Substance Abuse
Services, 1307 YDA-DACC Narcotic Control Program which
reads:
I Secretary to the Director of Drug Abuse Services $25,199 -
$28,566
Is hereby amended to read:
1 Stenographic Secretary $27,173 - $31,256
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
We, DANIEL T. DURAWA, COMMISSIONER OF HUMAN
SERVICES, PARKS & RECREATION and JAMES B.
MILROY, DIRECTOR OF BUDGET, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 190
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
VARIOUS DEPARTMENTS
The Common Council of the City of Buffalo does ordain as
follows:
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99-0713.txt
That Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to Various Departments under the various
subheadings relating to positions listed below is hereby as
follows:
NOTE: Old salaries are in brackets
This ordinance shall be retroactive to July 1, 1998.
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
We, Anthony M. Masiello, Mayor, Charles L. Michaux, City
Clerk, Joel A. Giambra, Comptroller, Eva M. Hassett,
Commissioner of Administration and Finance, Michael B.
Risman, Corporation Counsel, Joseph Sole, Commissioner of
Assessment, Matthew L. Brown, Commissioner of General
Services, Rocco J. Diina, Commissioner of Police, Cornelius
J. Keane, Commissioner of Fire, Joseph N. Giambra,
Commissioner of Public Works, Daniel T. Durawa,
Commissioner of Human Services, Parks & Recreation, Paul
V. Sullivan, Commissioner of Street Sanitation, Joseph E.
Ryan, Commissioner of Community Development, James W.
Pitts, President of the Common Council, and James B. Milroy,
Director of Budget, recommend that the compensation for
said positions be fixed at the respective amounts set forth in
the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant to Section 454 of the Charter of the City
of Buffalo, hereby certify that the interests of the City wil be
subserved. by the increase in compensation provided for the
positions set forth in the foregoing ordinance,
APPROVED AS TO FORM
Corporation Counsel
6/28/99
PASSED
AYES -12 NOES - 0
NO. 191
BY: MS GRAY
SALARY AND WAGE SCHEDULE "A"' 1998-99 1999-00
2000-01
The Common Council of the City of Buffalo does ordain as
follows:
That part of Subdivision (A) of Section 35 - 9 of Chapter 35 of
the Code of the City of Buffalo, relating to Salary and Wage
Schedule "A", Local 650, AFSCME, AFL-CIO, is hereby
amended to read as follows:
See Attached Schedule "A"
APPROVED AS TO FORM
Corporation Counsel
07/09/99
PASSED
AYES -12 NOES - 0
NO. 192
BY: MR. HELFER
AUTHORIZE MAYOR TO EXECUTE 1999 LOCAL
PLANNING INITIATIVE PROGRAM
Whereas: The City of Buffalo Master Plan, which is the
City's first comprehensive planning effort in more than two
decades, is an important step in creating a shared vision for
our community's future; and
Whereas: A Master Plan will provide the City of Buffalo with
the means to promote more efficient land use regulation,
infrastructure development, capital improvement, and private
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investment; and
Whereas:The estimated price tag for the development of the
City of Buffalo's Master Plan is $950,000. Recognizing that
the City of Buffalo is an integral piece of Erie County, in terms
of both geography and population, County officials will provide
funding, in the amount of $76,840, towards the development
of the City's Master Plan; and
Whereas:This funding is available through Erie County's
Local Planning Initiative Program; it will be targeted "towards
those aspects of comprehensive planning that deal with
border issues involving surrounding municipalities [including]
the Town of Tonawanda, the Village of Kenmore, the Town of
Amherst, the Town of Cheektowaga, the Town of West
Seneca, the City of Lackawanna, and the Village of Sloan";
Now, Therefore, Be It Resolved:
That Mayor Anthony M. Masiello is hereby authorized to
execute an agreement with the County of Erie regarding the
1999 Local Planning Initiative Program; and
Be It Further Resolved:
That Mayor Anthony M. Masiello is hereby authorized to
execute, on behalf of the City of Buffalo, a Data Sharing
Cooperative Agreement for Local Governments with the New
York State Office for Technology.
Kevin J. Helfer
PASSED
AYES -12 NOES - 0
NO. 193
BY MR. HELFER
ESTABLISH POLICY TO DIVIDE INTEREST FROM BLOCK
GRANT FLOAT LOANS
Whereas: Delaware North Companies Incorporated has
requested an $8,600,000 Block Grant Float Loan to provide
interim financing for the relocation of their corporate
headquarters from 438 Main Street to the South Tower at Key
Center; and
Whereas:This loan will have an interest rate of 4% as well as
a letter of credit fee of 1.5% and a closing fee of 1%. The
current policy is that the Buffalo Economic Renaissance
Corporation receives the entire interest and fees; in this
particular case, the interest, which will be paid on a monthly
basis, totals approximately $180,000; and
Whereas: Although both the City of Buffalo and Buffalo
Urban Renewal Agency (BURA) play a role in this process,
neither receives any portion of the interest or fees; and
Whereas:It is important to note that the Buffalo Economic
Renaissance Corporation incurs costs for legal fees, a
construction manager, and staff time to manage the float
loans. However, the 1.5% letter of credit fee and the 1%
closing fee compensate this agency for these costs;
Now, Therefore, Be It Resolved:
That a policy be established between Buffalo Economic
Renaissance Corporation, Buffalo Urban Renewal Agency,
the Administration of the City of Buffalo, the City of Buffalo
Corporation Counsel, and the Buffalo Common Council to
allow for the interest from block grant float loans to be divided
in the following manner: 1/3 to the City of Buffalo
1/3 to the Buffalo Economic Renaissance Corporation 1/3 to
Buffalo Urban Renewal Agency
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT THE BUFFALO ECONOMIC
RENNAISANCE CORPORATION, AND THE BUFFALO
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URBAN RENEWAL AGENCY
NO. 194
BY: MR. PITTS
BMHA KENRIELD-LANGRIELD TRANSFERS
Whereas:The Buffalo Municipal Housing Authority (BMHA)
owns and operates the Kenrield-Langfield housing project;
and
Whereas:BMHA is transferring residents of the housing
project in order to operate a drug treatment program; and
Whereas:This action is disruptive to the tenants and
unnecessary in light of other vacant premises within
Kenfield-Langrield; and
Whereas:BMHA's first priority should be providing housing to
its residents and the BMHA should explain why it feels it is
necessary to move its tenants,
Now Therefore Be It Resolved:
That the Common Council does hereby request the Buffalo
Municipal Housing Authority to reconsider transferring the
tenants of KenfieldLangfield and appear before the Common
Council to explain its rationale for this action; and
Be It Further Resolved:
That United States Department of Housing and Urban
Development be contacted to investigate the propriety of
moving tenants in this manner; and
Be It Finally Resolved:
That the City Clerk send a certified copy of this resolution to
the Buffalo Municipal Housing Authority and the Department
of Housing and Urban Development.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE BUFFALO MUNICIPAL HOUSING
AUTHORITY, THE MAYOR AND HUD
NO. 195
BY: MR. PITTS
LEAD AGENCY STATUS FOR NYSDEC ON TIFFT
NATURE PRESERVE MARSH RESTORATION AND
ENHANCEMENT PROJECT
Whereas: The Buffalo Museum of Science - Tifft Nature
Preserve has applied to the NYS Department of
Environmental Conservation (DEC) for a Freshwater
Wetlands Permit for the construction of ponds and connecting
waterways at the nature preserve; and
Whereas: The DEC is working closely with the Museum on
this project, helping with the design and performing some
testing of the site; and
Whereas: The DEC has requested lead agency status under
the SEQRA, and anticipates issuing a negative declaration on
the basis of an initial determination that the project will not
have a significant effect on the environment; and
Whereas: The Common Council is an involved agency in that
the City of Buffalo owns the land and the project will take
place in the Buffalo Coastal Review District;
Now, Therefore, Be It Resolved That:
This Common Council concurs with Lead Agency status for
the NYSDEC on the Tifft Nature Preserve Marsh Restoration
and Enhancement Project; and.
Be It Further Resolved That:
The Citv Clerk is directed to send a certified copy of this
resolution to Gerald Mikol, Regional Director, NYSDEC, 270
Michigan Avenue, Buffalo., NY 14203.
ADOPTED
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NO. 196
BY: MR. PITTS
RE: ORDINANCE AMENDMENT
CHAPTER 238 - HEATING
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 238 of the Code of the City of Buffalo be
amended to read as follows:
238-4. Applicability.
This Article shall apply to all installations of heating equipment,
replacements or repair of the same. This Article shall also
apply to existing building equipment but should not be
construed to require structural alterations to such existing
buildings or equipment or replacement of existing equipment
unless the [Chief Examiner of Stationary Engineers] Chief
Combustion Inspector - shall determine by investigation that
the conditions thereof and a failure to promptly comply with
this Article shall constitute an immediate and present danger
to human life or property or to the health and safety of the
public and thereupon orders such immediate alterations,
replacements or corrections.
238-5. Inspections; order to remedy unsafe conditions.
The Commissioners of [Inspections and Licenses] Community
Development and Fire or their duly authorized representatives
are hereby empowered and authorized at any reasonable
time to enter upon and into any buildings, structures or
premises within the City of Buffalo for the purpose of
examining and inspecting them to ascertain the conditions
thereof with respect to the provisions of this Article or any
other related conditions which may constitute an immediate
and present danger to human life or property and to the health
and safety of the public. Whenever any building, premises,
device, equipment or installation is found to be in violation of
the requirements of this Article or if found to be unsafe or in a
condition to be dangerous to human life or property and to the
health and safety of the public, the Commissioners of
[Inspections and Licenses] Community Development or Fire or
their authorized representatives are empowered to order that
the conditions be corrected and the hazard abated. Failure to
comply with such an order shall be deemed a violation of this
Article.
238-6. Enforcement.
It shall be the duty of the [Chief Examiner of Stationary
Engineers] Chief Combustion Inspector - to enforce all the
requirements of this Article relative to the installation,
alteration, repair, use and maintenance of such heating
equipment.
238-7. License required.
A. It shall be unlawful for any person to install, erect, alter,
repair, service, reset or replace any heating or process system
or appurtenances thereto unless said person shall have first
obtained a license as a heating contractor or is performing
said work under the supervision of a duly qualified license
holder, provided that nothing herein shall prohibit any person
from performing such work in his own home after certification
by the [Chief Examiner of Stationary
Engineers] Chief Combustion Inspector and the Chief of the
Bureau of Fire Prevention that said person is qualified to
make installations.
B. Any violation of this section shall be deemed to be the
commission of an unclassified misdemeanor and shall be
punishable by a fine or penalty of not more than one thousand
dollars ($ 1,000.) or by imprisonment for not more than sixty
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(60) days, or by both such fine and imprisonment, for each
such offense.
238-8. Maintenance of place of business; display of license.
Every licensed contractor hereunder must have and maintain
an established place of business [in the County of Erie]. The
license must be conspicuously displayed at said place of
business. Such place of business must be known to the
Director of [Licenses] Inspections, Licenses and Permits and
the [Chief Examiner of Stationary Engineers] Chief
Combustion Inspector
238-9. Bond.
Before a license is issued, the licensee shall execute and
furnish to the City of Buffalo a bond in the sum of [five] ten
thousand dollars [($5,000.)] ($10,000.), conditioned to
indemnify and save harmless the City of Buffalo of and from
any damage or loss which may result from the work of said
licensee being done carelessly or imperfectly or in such a way
that injury or loss results therefrom or by reason of any failure
on the part of any employee of the licensee to comply with all
or any of the ordinances and regulations relating to the
installation of such heating equipment.
238-10. Responsibility for violations.
In the case of a person's, firm's or corporation's, as a
contractor, employing a heating installer's licensee, both said
licensee and said person, firm or corporation employing him
shall be responsible for all violations of this Article. The
licensee, any person, firm or corporation employing him and
any subcontractor shall be responsible for all violations of this
A-rticle committed by such subcontractor.
238-12. Exemption from examination.
[Whenever, in this Article, provision is made for the issuance
of a license based upon a written or oral examination of the
applicant, or both, such license may be issued to said
applicant without said examination upon his furnishing to the
Board such proper and sufficient proof, as required, that he
has been regularly engaged in the occupation for which the
class of license is sought for at least two (2) years. Such
applicant shall comply with all other provisions of this Article;
and such exemption from examination herein provided for
shall cease ninety (90) days from the effective date of this
Article; and thereafter any applicant filing an application for a
license where an examination is required shall fully comply
with all provisions in this Article contained relating to
examination.] There are no exemptions from examination. All
applicants for a license must comply with the provisions of this
Article.
238-13. Application for license; issuance or denial; revocation
or suspension; expiration; renewal.
A. Applications for a license shall be made on fonTis furnished
for such purpose by the Division of [Licenses] Inspections,
Licenses and Pen-nits. The application under oath of the
applicant shall contain, in addition to other required
information, the following.
(1) The name, age and address of the applicant.
(2) The qualifications of the applicant.
(3) If the applicant is a corporation:
(a) The full and accurate name of the corporation.
(b) When and where incorporated.
(c) The full name and address of the officers of the
corporation.
(d) The name of the officer or regular employee who is to
take the examination and his qualifications.
(4) If the applicant is a partnership:
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(a) The names and addresses of members thereof and the
name of the partner or regular employee who is to take the
examination and his qualifications.
(5) If the applicant conducts business under a trade or
assumed name:
(a) The complete and fall trade name.
(b) The name of the person or persons doing business under
such trade or assumed name.
(c)The name of the individual or regular employee who
is to take the examination and his qualifications.
B. No license shall be issued to an applicant until he has
submitted to an examination as hereafter provided, or such
applicant has a person in his regular employ who is actively in
charge and who has submitted to such examination, provided
that when a license has been issued to an applicant based on
the qualifications of such regular employee and the active
services of such employee with the applicant has been
terminated, it shall be unlawful for the said licensee to engage
in any of the operations covered by this Article until said
licensee is again qualified in accordance with the provisions
hereof
C. The Director of the Division of [Licenses] Inspections,
Licenses and Pen-nits may issue a license upon application as
provided herein or refuse to issue said license upon proof that
the applicant therefor is not fit or qualified or is not a suitable
person to engage in such operation, provided that the Board
of Heating Examiners shall make a thorough investigation of
the training, experience, qualifications, character and fitness of
the applicant and/or the person to be examined and shall
examine such applicant and/or person to determine his
qualifications, fitness or suitability to take part in any of the
operations of the business. Such examinations shall be written
and oral and may also include practical demonstrations.
D. The Board of Heating Examiners is hereby authorized to
adopt rules and regulations necessary to make effective the
provisions of this Article concerning said examinations.
Licenses may be revoked or suspended by the Director of the
Division of [Licenses] Inspections, Licenses and Pen-nits in
accordance with the Charter of the City of Buffalo relative
thereto. All licenses granted here under shall expire on the 3 1
st day of December next following issuance and shall be
renewed annually. Failure to renew properly a license shall
result in its termination. Any such license forfeited for
nonpayment of the annual renewal fee may be reinstated
upon payment of the annual renewal fee, provided that no
such license may be renewed after the expiration of one (1)
year without submitting to an examination.
238-17. Membership of Board; terms; removal; vacancies;
compensation; office; interest,
A. Such Board shall consist of five (5) members, two (2) of
whom shall be the [Chief Examiner of Stationary Engineers]
Chief Combustion Inspector and the Chief of the Bureau of
Fire Prevention, who shall serve ex officio as part of the
functions and duties of their respective offices. Two (2) of said
members shall be residents of the City of Buffalo and shall be
licensed heating contractors. One (1) of said members shall
be a resident of the City of Buffalo and not
engaged in the business of heating equipment nor contracting
for the same. The three (3) appointed members, exclusive of
the above- enumerated [Chief Examiner of Stationary
Engineers] Chief Combustion Inspector and Chief of the
Bureau of Fire Prevention, both of whom shall serve on such
Board because of and during their respective terms of office,
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shall be appointed by the Mayor, who shall designate one (1)
member to act as Chairman.
B. The appointed members shall serve for ten-ns of one (1)
year, three (3) years and five (5) years, respectively, in the
order in which appointed by the Mayor. The successors to the
original appointees shall serve thereafter for a tenn of three
(3) years.
C. The Mayor shall have the power to remove appointed
members for reasons stated in writing and after an opportunity
to be heard, and he shall also possess the power to fill any
vacancy occurring for the unexpired term of a member with a
person having the same minimum qualifications.
D. The members of such Board shall serve without any
compensation therefor because of their duties on said Board.
E. The Commissioner of [Inspections and Licenses]
Community Development shall provide an office and meeting
place for the Board and shall provide clerical help therefor and
a proper place as a depository of records of the Board.
F. No member of the Board shall pass upon any question in
which he personally or any group or association with which he
is associated is interested.
238-19. Examinations.
A. Examinations of applicants for heating contractors' licenses
shall be conducted approximately every three (3) months at
such times and places as the Board may designate.
B. The examination shall be based upon the provisions of this
Article, upon the conditions and requirements of heating and
ventilating and air conditioning, guided by the American
Society of Heating and Air Conditioning Engineers and the
applicable ordinances of the City of Buffalo and the laws of
the State of New York. It shall be reasonable but sufficiently
comprehensive to test the qualifications of the applicant and
may include practical demonstrations.
C. After such examination, said Board shall forward its
findings and recommendations to the Director of the Division
of [Licenses] Inspections, Licenses and Permits as to whether
or not the applicant and/or the person examined is fit or
qualified or is a suitable person to take part in the operations
of the business and whether a license shall be issued by said
Director.
238-20. Permit required.
A. Before any work is perfonned thereunder, it shall be the
duty of the person licensed as a contractor under this Article
to apply for and receive a permit for the installation, repair,
reconstruction or material alteration by him of any heating
equipment, after filing the application for a permit hereafter
described and paying the required fee under the procedure
and provisions of Chapter 66 of the Code of the City of
Buffalo. This duty imposed on the contractor to obtain a
permit is a primary duty over and above the duty imposed on
the owner to obtain a pen-nit under Chapter 66, § 66-6, of the
City of Buffalo and is an addition of the Code thereto.
B. The permit application for the heating system or work
performed on the heating system shall be submitted to the
[Chief Examiner of Stationary Engineers] Chief Combustion
Inspector, prior to any work being done, and must show the
total building heat loss, manufacturer's name, mode number,
type of system, fuel and chimney.
C. Permits issued for one- and two-family homes, multiple
dwellings, apartment houses, rooming houses, nursing homes,
senior citizens retirement homes and orphanages shall be
classified as residential permits. All other permits shall be
classified as commercial installations.
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238-22. Definitions.
As used in this Article, the following terms shall have the
meanings indicated:
GAS LOG -- An unvented, open-flame-type [room heater]
decorative appliance consisting of a metal frame or base
supporting simulated logs. A "gas log" is for installation in a
vented fireplace.
UNVENTED ROOM HEATER -- An unvented, self-contained,
gas-burning appliance connected to the house fuel supply
system for furnishing heat, directly and without duct
connection, to the space in which installed. An unvented room
heater, also known as a vent-free gas space heating
Myliance, mE be free-standing, wall-mounted or designed for
insertion in a fireplace constructed entirely of non-combustible
material.
238-23. Heat loss and sizing of equipment.
A. The heat loss in Btu's per hour for each room to be heated
shall be determined in accordance with the methods of the
[National Warn-i Air Heating and Air Conditioning Association
and the American Society of Heating and Air Conditioning
Engineers] Air Conditioning Contractors of America Manual J.
B. The total heat loss from the building in Btu's per hour is the
sum of the room heat loss and shall be used in detennining
the minimum size and capacity of the furnace or boiler
installed.
238-27. Duct systems.
A. All round pipes used to transfer warm air or cold or return
air for use in places of dwelling or parts of buildings used as
places of dwelling shall be constructed of galvanized iron,
and up to and including twelve (12) inches in diameter shall be
not lighter than 3 0 gauge, and from twelve (12) inches in
diameter to and including twenty-four (24) inches shall not be
lighter than 26 gauge.
B. Rectangular ducts used to transfer warm air or cold or
return air for use in places of dwelling or parts of buildings
used as places of dwelling shall be constructed of galvanized
iron; and up to and including fourteen (14) inches in width
shall not be lighter than 28 gauge, and up
to thirty-six (36) inches in width not lighter than 26 gauge, and
wider than thirty-six (36) inches, not lighter than 24 gauge. All
joints shall be S and drive strip or locked.
C. "Places of dwelling" shall mean one- and two-family
homes, multiple dwellings, apartment houses, rooming
houses, row houses, nursing homes, senior citizen retirement
homes and orphanages.
D. The use of flex duct or duct board shall be permitted for
use in commercial installations other than those listed in the
preceding subsection and shall be installed in compliance with
the following conditions:
(1) They shall be Class I fire-rated.
(2) They shall not pass through floors, walls or ceilings.
(3) They shall not be used within six (6) feet of a heating
element.
(4) The temperature of air conveyed through such connectors
shall not exceed two hundred fifty degrees Fahrenheit (250'
F.).
(5) They shall be installed in a workmanlike manner in
accessible areas only and protected from physical harm.
(6) They shall be rated for the system pressure.
E. Warm air supply trunk ducts and warm-air wall stacks or
warm-air risers and flex duct shall be securely supported by
metal hangers, straps, lugs or brackets. No unnecessary holes
shall be cut in air transfer mediums.
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F. No vertical stack for cold or return air shall be connected to
registers on more than one (1) floor.
G. No metal warm-air duct, either round or rectangular, shall
come in direct contact with masonry walls. Whenever a metal
warm-air duct passes through a masonry wall, it shall be
insulated from such masonry wall with not less than one-half
(1/2) inch of noncombustible vapor-barrier-type insulation.
H. All exposed ducts or pipes passing through an unheated
room or space shall be insulated for their entire length within
the unheated areas with at least one-half (1/2) inch of
noncombustible vapor-barrier-type insulation. Ducts or pipes
located in or passing through cold attic spaces, cold exposed
basement spaces or in the crawl space of basementless
houses shall be insulated with a minimum of one (1) inch of
such insulation, secured in a workmanlike manner. This
regulation applies to all warm and cold or return transfer
mediums.
1. The selection and installation of branches, risers, fittings,
registers, intakes and trunk duct shall be ade in accordance
with methods described and approved by the [National Warm
Air eating and Air Conditioning Association] Sheet Metal and
Air Conditioning Contractors National Association.
J. Volume dampers of a locking type shall be placed in each
warm-air-room] duct supplyjng warm air . These may be
placed near the main trunk or furnace. Adjustable flow
registers may be installed in lieu thereof
K. Return systems shall consist of an assembly of connected
ducts, air passages, plenums or return air inlets and fittings
through which air from all space or spaces to be conditioned
shall be conducted back to the heat exchanger.
L. Air return inlets shall not connect to more than one (1) grill.
238-29. Flues and vents.
All flues and vents shall be installed accordingly to the
requirements of the [Buffalo Building Codej Chapter 103[, §§
103-32 and 103-33] of the Code of the City of Buffalo.
238-32. Testing.
A. All such heating equipment shall be property tested upon
completion of the installation and before turning such
equipment over to the owner for normal usage. Tests shall
include checking controls; testing for gases or oil or flue gas
leakage; fuel consumption ratio; maximum stack temperature
readings; draft readings. Where steam boilers are installed,
hydrostatic tests shall be made.
B. Upon completion of the tests of the installation of any
equipment, the contractor shall file with the [Chief Examiner of
Stationary Engineers] Chief Combustion Inspector a complete
record of such test, including the date made, the name or
names of persons performing such test and thename of the
contractor.
238-33. Additional standards.
A. The following listed technical manuals, codes and
standards are incorporated into this Article and made a part
thereof in determining installations, methods of installation,
materials and all other elements governing the problems
involved in installing, rebuilding, repairing, alteringor
changing heating systems not otherwise provided for in the
Code of the City of Buffalo.
B. The Board of Heating Examiners shall have the authority,
on its own motion or on proper application therefor, to modify
or change provisions of the listed codes of this A-rticle by
providing equivalent conditions, methods or materials.
C. Whenever a technical manual, code or standard is
mentioned or referred to herein, a true copy thereof shall be
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placed and remain on file in the office of the [Chief Examiner
of Stationary Engineers] Chief Combustion Inspector and
open to public inspection; and such technical manual, code or
standard shall be deemed a part of this chapter to the extent
and for the purposes permitted herein.
D. Enumeration. The following technical manuals, codes and
standards shall be incorporated herein:
[(I) New York State Industrial Code Rule No. 4.]
[(2) New York State Industrial Code Rule No. 14.1
[(3) National Fire Protection Association Standard for
Chimneys, Fireplaces and Vents, No. 211, 1972, or as may
be amended.]
[(4) National Fire Protection Association Heat Producing
Appliance Clearance, No. 89, 1976, or as may be amended.]
[(5) National Fire Protection Association Installation of Gas
Piping and Appliances in Building, No. 54,1974.]
[(6) National Fire Protection Association Warm Air Heating
and Air Conditioning Systems, No. 90B, 1973.]
[(7) Manuals of the National Warm Air Heating and Air
Conditioning Association:
(a) Number 3 Calculating Heat Losses, Edition 6, 1957.
(b) Number 4 Warm Air Perimeter Heating, Edition 5, 1956.
(c) Number 5 Gravity Warm Air Systems, Edition 5, 1954.
(d) Number 6 Continuous Air Circulation, Edition 3, 1957.
(e) Number 7 Warm Air Winter Air Conditioning Systems,
Edition 4, 1953.
(f) Number 7A Warm Air Ceiling Panel Systems, Edition 3,
1950.
(g) Number 8 Warm Air Winter Air Conditioning Systems,
Edition 5, 1958.
(h) Number 9 Warm Air Winter Air Conditioning Systems,
Edition 6, 1958.
(i) Number 10 Small Pipe Warm Air Perimeter Heating,
Edition 4, 1956.]
[(8) New York State Energy Conservation Code.]
[(9) All federal, state and local laws governing the installation
and maintenance of heating equipment.]
1. Title 9 of the Codes, Rules and Regulations of the State of
New York
2. New York State Industrial Code Rule 4 cited as 12 NYCRR
4
3. New York State Industrial Code Rule 14 cited as NYCRR
14
4. National Fuel Gas Code, National Fire Protection
Association No. 54, 1996
Edition or as maybe amended.
5. National Fire Protection Association No. 211 chimneys,
fireplaces, vents, and solid fuel burning appliances 1992
Edition or as ma be amended.
6. National Fire Protection Association No. 31 Installation of
oil burning equipment 1992 Edition or as ma be amended,
7. National Fire Protection Association No. 90A standard for
the installation of air- conditioning and ventilating systems.
1996 Edition or as may be amended.
8. National Fire Protection-Association No. 90B standard for
the installation of ward air heating and air conditioning
systems 1996 Edition or as mqy be amended.
9. New York State Energy Conservation C.ons-truction Code
March 1, 1991 Edition,
or as may be amended.
10. American Society of Heating, Refrigeration, and
Air-conditioning Engineers Standard ANS/ASHRAE 62-1989,
including ANSI/ASHRAE ADDEIDOM 62A
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- 1990, or as may be amended.
11. Air Conditioning Contractors of America, Manual J,
Residential Load Calculations, Seventh Edition or as mqy be
amended.
12. SMACNA Residential Comfort System Installation,
Standards, Manual Seventh
Edition 1998 or as may be amended.
13. All federal, state and local laws governing the installation
and maintenance of heating and ventilating equipment.
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
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF COMMUNDEVELOPMENT
NO. 197
BY: MR. PITTS
HOMESTEAD VACANT LOT
325 SOBIESKI
WHEREAS:The vacant lot at 315 Sobieski Street is
zoned residential. The house formerly upon the lot was
demolished in 1998; and
WHEREAS:The lot is currently owned by the Buffalo
Revitalization Corporation. However, the frontage and size of
the lot is not suitable for residential redevelopment; and
WHEREAS:The property owners adjacent to the lot
at 317 Sobieski have been maintaining the lot. They have
been cleaning debris and cutting the grass; and
WHEREAS:As a result of this lots location it has
become a pedestrian thoroughfare. This creates security risks
and vandalism in the neighborhood; and
WHEREAS:The Property Owners at 317 Sobieski
have expressed an interest in expanding their yard and
beautifying the lot. Obviously this is the highest and best use
of the property.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council requests the Commissioner of
Community Development to develop an agreement to
homestead the vacant lot at 315 Sobieski to the adjacent
property owners at 317 Sobieski; and
BE IT FURTHER RESOLVED:
That the agreement be submitted to the Common Council for
approval at its next meeting.
ADOPTED
NO. 198
BY: MR. PITTS
WAIVER TENT FEES, TASTE OF BUFFALO
WHEREAS: The Taste of Buffalo, an annual event was
held July 10 and 11, 1999 in Downtown Buffalo; and
WHEREAS: This year's event registered approximately
400,000 attendees. The event was again a success; and
WHEREAS: Annually, the City of Buffalo has provided a tent
fee waiver. This allows the City to support the event.
However, all other fees are appropriately paid to the City; and
WHEREAS: The Fire Commissioner has also approved the
waiver of the tent fees subject to any conditions he stipulates.
NOW THEREFORE BE IT RESOLVED THAT: The Common
Council approves the waiver of the tent fees associated with
this year's Taste of Buffalo.
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FURTHER BE IT RESOLVED THAT: This waiver is subject
to all conditions established by the Commissioner of Fire.
PASSED
AYES -12 NOES - 0
NO. 199
BY: MS. MILLER-WILLIAMS
DISCHARGE THE COMMUNITY DEVELOPMENT
COMMITTEE - COM 60 - CCP - JUNE 29, 1999 -
"ELLICOTT UR AMEND-164-192 SWAN ST."
Whereas:Com 60 - CCP - June 29, 1999 - "Ellicott
UR Amend- 164-192 Swan St." is presently before the
Committee on Community Development;
and
Whereas:It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the Committee
on Community Development from further consideration of
Com 60 -CCP - June 29, 1999 - "Ellicott UR Amend- 164-192
Swan St.", and said item is now before the Council.
Mrs. LoTempio moved that the above item be recommitted to
the Committee on Community Development.Seconded
by Mrs. Williams
ADOPTED.
NO. 200
BY.,MS. MILLER-WILLIAMS
PERMISSION TO HANG "KIDZ KARNIVAL 99" BANNER
Whereas:On Saturday, July 17, 1999, New Zion Dominion
C.O.G.I.C will hold its first annual Kidz Karnival from 10:00am
until 6:00 pm, and
Whereas:The Karnival will be a fun-filled day of rides, games,
and other activities that will be kicked off with a parade down
Genesee Street; and
Whereas:There will be cross cultural youth participation such
as, drill teams, dance groups and marching bands
representing the Hispanic, Native American and African
American communities-, and
Whereas:A commitment of excellence is very evident at Zion
Dominion Ministries which has utilized three primary modes of
service: community outreach, training programs addressing
the needs of the whole person, ie. wholesome living, health
and hygiene, responsibility to self, family and the community
and educational programs and job placement for those in
need; and
Whereas:This will be a time of networking for the citizens of
the Ellicott District in addition to the city as a whole which will
help positively promote family awareness; and
Now, Therefore Be It Resolved: This Common Council grants
permission to, Zion Dominion C.O.G.I.C. to hang a banner
displaying "Kidz Kamival '99" across Genesee Street at
Hickory Street in front of 360 Genesee Stwxt and that all
associated fees be waived in accordance with this banner
hanging pursuant to the conditions established by the
Commissioner of Public Works, the Corporate Counsel and
the Special Events Advisory Committee; and
Be It Further Resolved: That all fees associated with the Kidz
Karnival event be waived so long as the event will not be for
personal gain, and
Be It Finally Resolved: A copy of the granted request be sent
to Zion Dominion Ministries c/o Kidz Karnival; 360 Genesee
Street, Buffalo, New York 14204
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PASSED
AYES -12 NOES - 0
NO. 201
BY: MRS. MILLER-WILLIAMS
DISPLAY BANNER FOR THE BLUES ROOM I ST ANNUAL
BLUES FESTIVAL
Whereas:The Blues Roorn Ist. annual Blues
Festival will occur on July 24, 1999, with a street
festival to be held on Washington St. between Clinton and
Eagle; and
Whereas: To promote this festival of Music, the Blues Room
has requested permission to display a
banner on Washington St. between Clinton and Eagle; and
Whereas:The organizers would I Ike to display the
banners from July 6, 1999 through July 25,
1999,
Now, Therefore, Be It Resolved That:
This Common Council grants permission to Entertainment
Assoc. of WNY, a.k.a. the Blues Roorn to display the banner,
pursuant to the conditions established by the Commissioner of
Public Works, the Corporation Counsel and the Special
Events Advisory Committee.
PASSED
AYES -12 NOES - 0
NO. 202
BY: MS. BARBARA MILLER-WILLIAMS
WAIVE FEES FOR ELLICOTT MALL REUNION
Whereas:The Ellicott Mall Outreach Organization
will be holding its' first Ellicott Mall Reunion on Saturday,
August 21, 1999; and
Whereas:The reunion festivities will be held
outdoors on the grounds located behind the Buffalo Academy
for Visual and Performing Arts up to the John F. Kennedy
Center; and
Whereas:The Ellicott Mall Outreach Organization
has requested that all fees be waived for this event;
Now, Therefore, Be It Resolved: This Honorable Body
approves waiving all City fees associated with the Ellicott Mall
Reunion to be held on August 21, 1999.
PASSED
AYES -12 NOES - 0
NO. 203
BY: MS. MILLER-WILLIAMS
PERMISSION TO HANG BANNERS
July 25, 1999 through July 16, 2000, marks a special year in
the history of events for the Pastor, officers and members of
the St. Paul's A.M.E. Zion Church; and
St. Paul's African Methodist Episcopal Zion Church, located at
610 East Eagle Street, will celebrate its 75th Anniversary; and
Whereas:To highlight and commemorate this
special occasion, members of the St. Paul's African Methodist
Episcopal Zion Church are requesting that banners be hung
along Jefferson Avenue, and along Eagle Street, from July
25, 1999 through July 16, 2000;
Now, Therefore, Be It Resolved:
That said banners hang from July 25, 1999 through July 16,
2000 along Jefferson Avenue, between Howard Street and
South Division Street, and along Eagle Street, between
Jefferson Avenue and Emslie Street; and
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Be It Further Resolved:
That said banners meet all requirements set forth by the
Department of Public Works and the Law Department.
PASSED
AYES -12 NOES - 0
NO. 204
BY: MR. ZUCHLEWSKI
(BANNER ON ELMWOOD AVENUE)
Whereas:Forever Elmwood, a not-for-profit group of
residents and business people from the Elmwood Avenue
area, are sponsoring a Farmers Market for the first time this
year; and
Whereas:The market will be held every Saturday from 8:00
am until 1:00 prn in Bidwell Parkway between Elmwood
Avenue and West Delevan; and
Whereas:The market began last Saturday, July 3 d and will
continue until October 30t'; and
Whereas:To advertise the market, Forever Elmwood is
requesting permission to install a banner on Elmwood; and
Whereas:The banner would hang from 946 Elmwood Avenue
directly across the street to 951 Elmwood Avenue; and
Now, Therefore, Be It Resolved:
That the sponsors follow the guidelines set forth by the
Department of Public Works for the installation of a street
banner; and
Now, Therefore, Be it Resolved:
That permission is granted to hang a banner on Elmwood
Avenue from July l7th through August 21st
PASSED
AYES –12 NOES - 0
NO. 205
BY: COUNCILMEMBER DALE ZUCHLEWSKI
WAIVE FEE FOR STREET CLOSING
Whereas: The Grant-Amherst Block Watchers,
Grant-Amherst Business Association and the Northwest
Commercial Consortium will be holding the second
"Rediscover Amherst Street" on Saturday, July 31, 1999; and
Whereas:On that date, various festivities will take place and
residents will gather to Join in on this community event; and
Whereas:The organizations are not-for-profit and
are requesting that the short end of Germain (between
Amherst and the dead end) be closed to traffic from 8:00am
6:00pm on Saturday, July 31, 1999; and
Now, Therefore, Be It Resolved:
That the Common Council waives the $25.00 charge
associated with the streetclosing permit fee.
PASSED
AYES -1 NOES - 0
NO. 206
BY: MR. ZUCHLEWSKI
WAIVE FEES FOR CANAL TREK AND RECEPTION
Whereas:The New York State Canal Corporation is holding its
annual New York State Canal Cruise and Trail Trek from July
6th through July 19th; and
Whereas: In past year's this trek has excluded Buffalo,
ignoring this City's historic status as the Western Terminus of
the Erie Canal; and
Whereas: This year the New York State Thruway Authority is
sponsoring a Tonawanda to Buffalo Bicycle Tour on July 19th
to recognize Buffalo's central role in the Erie Canal's history;
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and
Whereas: To celebrate the arrival of the Bicycle Tour, a local
organizing committee has planned a reception at the Inner
Harbor that will include live music, photographic displays,
children's activities, speakers, and canal artifacts;
Now, Therefore, Be It Resolved That:
In recognition of the substantial financial contribution that the
NYS Thruway Authority is making to the Inner Harbor project
and the public good that the Bicycle Tour and Reception will
bring to our community, this Council hereby waives any fees
associated with City permits for the Bicycle Tour and the
Reception at the Inner Harbor.
PASSED
AYES -12 NOES - 0
NO. 207
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 Minsterio Bajo Carpa Alcance
By Councilmember Quintana, Pitts
ADOPTED.
NO. 208
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 filiiv4 same with the City
Clerk:
ROBERT FELLOWS, TASHIKA MORRIS, JOSETTE
POLVINALE, MARK F. CASSIDY , SHADIA HUNTER
ADOPTED.
NO. 209
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:
EUGENE HOLIDAY, TOMMY DAVIS, MITCHELL W.
JOHNSON, BARRY MARTIN, EDNA MAYFIELD, SANDRA
MCCLARY, DOUGLAS PRESSLEY, KATHLEEN
PODSIADLO, DENISE M. MANFREDO,LAURA HOOCK
ADOPTED.
UNFINISHED BUSINESS
NO. 210
L.L. INTRO #2(1999) AMENDING CHARTER CHIEF OF
POLICE
(9209C.C.P., JUNE 15, 1999)
Mrs. LoTempio moved that the above item be taken from
the table. Seconded by Mr. Zuchlewski CARRIED Mrs.
LoTempio now made a motion to refer said item to the
Committee on Civil Service. Seconded by Mr. Zuchlewski
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ADOPTED
NO. 211
ANNOUNCEMENT OF COMMITTEE MEETINGS
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, July 20,
1999 at 9:30 o'clock A.M.
Committee on Finance Tuesday, July 20, 1999
following Civil Service
Committee on Legislation Tuesday, July 20, 1999 at 2:00
o'clock P.M.
Committee on Community Development Wednesday, July 21,
1999 at 10:00 o'clock A.M.
Committee on Education Wednesday, July
21, 1999 at 2:00 o'clock P.M.
Ancillary Meetings
Special meeting on Finance will be held on Wednesday, July
14, 1999 at 10:00 A.M. in Room 1417 City Hall.
Claims Committee meeting will be held on Wednesday, July
21, 1999 in the Council Chambers.
Gretchen A. Pound
Council Reporter
NO. 212
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the
Council adjourned at 4:40 pm
CHARLES L. MICHAUX, III CITY CLERK
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