HomeMy WebLinkAbout99-0601
99-0601.txt
No.11
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 1, 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
Barbara Kavanaugh
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, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
Page 1
99-0601.txt
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, Rosemarie
LoTempio, Robert Quintana, Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Richard Fontana
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JUNE 1, 1999
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and Council Members Brown, Coppola, Fontana,
Franczyk, Gray, Helfer, LoTempio, Manley, Quintana,
Zuchlewski - 11.
ABSENT - Williams-1.
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
June 1, 1999 were approved.
FROM THE MAYOR
NO. 1
VETO BUDGET AMENDMENT
NO. 2
Page 2
99-0601.txt
VETO APPROVAL OF 1999- 2000 BUDGET AS AMENDED
I hereby return the city budget for fiscal year 1999-2000
requesting your reconsideration of two additions. Both
additions to which I object involve salary increases. I believe
this is not the time to be granting selective salary increases.
As you know Local 650 is currently in front of your Taylor Law
Impasse Committee seeking selective upgrades for a number
of positions in addition to an across-the-board percentage
increase. My administration has opposed the upgrades and
has been supported in this position by the fact-finder assigned
to arbitrate the matter. Any salary upgrade granted to any
employee of the city at this time would certainly send the
wrong message to Local 650 and the city's other bargaining
units. For this reason I hereby object to the --following
additions to the budget.
Department 46, Function 1026, Line 411001 - Upgrade Youth
Court Program Coordinator to Director of Youth -- $6,472;
Department 6 1, Function 15 10, Line 411001 - Upgrade
Director of Planning $1,982.
I hope the Common Council will support these deletions.
Mrs. Lotempio moved to override. Mr. Coppola seconded.
REPASS
AYES -BROWN, FONTANA, FRANCZYK, GRAY,
LOTEMPIO, MANLEY, PITTS, QUINTANA, ZUCHLEWSKI -
9 NOES - COPPOLA, HEFLER - 2
NO. 3
VETO AT LARGE VACANCY
I am writing this letter as a formal response to a newspaper
article which claimed that I played an important role in
strategizing the selection of a candidate to fill the at-Large
vacancy in your Honorable Body. I vehemently deny being
involved in this process whatsoever, Since the vacancy was
created early this year, I have maintained a conscious effort to
distance myself from this matter, leaving the process to the
people who are entrusted by the Charter to complete this
action - the Common Council.
I want each Councilmember and all of the citizens of the City
of Buffalo to know that I would never act in a manner that
compromises the integrity of the Common Council or the
Charter of the City of Buffalo. I can not state it more strongly
that I played no role in determining who would fill the at-large
vacancy and/or the subsequent vacancy in a district position. If
the Council should fill the at-large post, it should work with the
district committeeman to determine the best candidate to fill
the district seat.
When the Common Council could not come to consensus to
fill the vacancy earlier this year, it was assumed that your
Honorable Body would keep the position unfilled until the
election. I am of the mind that keeping the position(s) unfilled
through the election process might be the most prudent thing
to do; however, I leave this decision entirely up to your
Honorable Body.
Once again, I would like to reiterate that I have not or will not
interfere with your determination -in this regard.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 4
N.F.T.A.
SKILLEN ST. BUS SHELT)
ITEM NO. 38, C.C.P. 5/18/99
Page 3
99-0601.txt
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 413-67 of the Buffalo Code,
Encroachment Regulations.
The applicant seeks to place a bus shelter on the south side of
Skillen St. 1501 east of Ontario St. which will encroach the
right-of-way.
The Planning Board voted to recommend approval of the bus
shelter subject to Public Works conditions.
RECEIVED AND FILED
NO. 5
S. TEMERARO
1197 HERTEL AVE.
SIDEWALK CAF6 ENCROACHMENTS
ITEM NO. 40, C.C.P. 5/18/99
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 413-59 and 511-59 of the Buffalo
Code, Sidewalk cafes and Hertel Avenue District,
respectively.
The applicant seeks to place a 201x8l sidewalk caf6 located
at 1197 Hertel Ave. which will encroach the right-of-way.
The Planning Board voted to recommend approval of the
proposed sidewalk cafes with the following conditions:
1.No outside music be allowed;
2.No outside trash receptacles;
3.Closing at 11 p.m.
4.Public Works approval.
RECEIVED AND FILED
NO. 6
J. COHEN
33 GATES CIR.
SIDEWALK CAF6 ENCROACHMENT
ITEM NO. 42, C.C.P. 5/18/99
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 413-59 of the Buffalo Code,
Sidewalk cafes.
The applicant seeks to place a 601x281 sidewalk caf6 to be
located in the right-of-way at 33 Gates Cir. The applicant
amended the sidewalk caf6 request the results being there will
no longer be any encroachment.
The Planning Board voted to receive and file the sidewalk
cafe encroachment request..
RECEIVED AND FILED
NO. 7
C. BOONE
2995 BAILEY AVE.
AWNING SIGN
ITEM NO. 86, C.C.P. 5/18/99
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 511-65 of the Buffalo Code,
Kensington Bailey Business District.
The applicant seeks to erect a 241x3.81 awning "ID" sign
which will project 21 from the building face. The property
located at 2995 Bailey Ave. is allowed to have signage
erected flat against the building. The applicant should have
been direct to the Zoning Board of Appeals instead of the
Common Council and Planning Board.
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99-0601.txt
The Planning Board has no objection to the awning sign.
RECEIVED AND FILED
NO. 8
MAIN SENECA CORP.
14 LAFAYETTE SQ.
LLLXL3L PROJECTING SIGN
ITEM NO. 87, C.C.P. 5/18/99
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 413-67 and 511-63 of the Buffalo
Code, Encroachment regulations and Sign Control Overlay
District, respectively.
The applicant seeks to amend a previously approved
projecting sign application. The Planning Board at their
meeting of April 13, 1999 approved a 6'x6l "ID" sign which will
project into the right of way at the corner of Washington St.
and Lafayette Sq. This current application further replaces the
original sign with a ll'xl31 three faced projecting sign. Under
SEQR the proposed sign is considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to recommend approval of the
proposed 1l'xl3' sign and encroachment.
RECEIVED AND FILED
NO. 9
W. GREELEY 845 ABBOTT RD POLE SIGN AND WALL
SIGNS
ITEM NO. 89, C.C.P. 5/18/99
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 387-19 and 511-28 of the Buffalo
Code, Application for billboard, ground or pole sign permits
and Cl Neighborhood Business district signage respectively.
The applicant seeks to erect one illuminated 4lx6.751xl6l pole
"ID" sign with a 3.5fx6.751 reader board attached to it along
with 2 sets of 421, letters, 2 sets of 1211 letters, two 41x7.61
wall signs and one 2,xl2.61 sign over the drive through
canopy. The property located at 845 Abbott Rd. is zoned "Cl"
which permits 35 S.F. of signage flat against the building. The
applicant is appearing before the zoning board of appeals for
relief of the signage. The applicant was also before the
Planning Board on 3/16/99 for City-Wide Site Plan approval in
which the board reserved decision on signage.
The Planning Board voted to recommend approval of the
proposed signage with the following conditions:
1. No pole sign be permitted;
2. Two sets of individual entrance letters at 3611 in
height;
3. Two sets of individual entrance letters at 1211 in
height;
4. Two drive through wall signs at 41x7.61;
5. And one 2'xl2.6' drive through canopy sign.
RECEIVED AND FILED
NO. 10
RITE AID
1941 SENECA ST.
POLE SIGN AND WALL SIGNS
ITEM NO. 88, C.C.P. 5/18/99
The City Planning Board at its regular meeting held
Tuesday, May 25, 1999, considered the matter captioned
above pursuant to Section 387-19 and 511-132 of the Buffalo
Page 5
99-0601.txt
Code, Application for billboard, ground or pole sign permits
and Urban Renewal Design Review respectively.
The applicant seeks to erect one illuminated 71x7fx201 pole
"ID11 sign with a 51x7l reader board attached to it along with
2 sets of 4211 letters, 2 sets of 1211 letters, two 41x7.61 wall
signs and one 2'xl2.61 sign over the drive-through canopy.
The property located at 1941 Seneca St. was previously
zoned "Cl" which permits 35 S.F. of signage flat against the
building. The applicant is appearing before the zoning board
of appeals for relief of the signage. The applicant was also
before the Planning Board on 2/28/98 for City-Wide Site Plan
approval in which the board reserved decision on signage.
The Planning Board voted to recommend approval of the
proposed signage with the following conditions:
1. The pole sign be limited to 181 high;
2. Two sets of individual entrance letters at 3011 in
height;
3. Two sets of individual entrance letters at 1211 in
height;
4. Two drive through wall signs at 41x7.61;
5. And one 2'xl2.6' drive through canopy sign.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 11
ABANDONMENT AND SALE
25 CAPEN BOULEVARD
LOT SIZE:192'X 127'
ASSESSED VALUATION: $18,900
The Comptroller's Office, Division of Real Estate has
received a request from Marrano/Marc Equity Corporation,
(Mr. Victor A. Martucci, Vice President), 2730 Transit Road,
West Seneca, New York 142224-2597 to purchase 25 Capen
Boulevard. This city owned property was acquired in
exchange for a portion of Windermere Blvd. and, therefore,
considered a capital asset.
Marrano/Marc Equity, Corp. has indicated that they would like
to purchase this property in order to construct three new single
family dwellings.
The Department of Community Development, the Dept. of
Public Works, and the City Planning Board were contacted
and they have no objections to subdividing and developing
three single-family homes.
Your Honorable Body may authorize the abandonment and
sale of the subject property in accordance with Article 27,
Section 513 & 514 of the City Charter. Should you approve
the abandonment and sale the purchaser is required to
petition Supreme Court for the appointment of two appraisers
to establish the value of the City's interest in the property. The
report of the appraiser is then filed with the Common Council
for final approval.
I am recommending that the Common Council authorize this
office to negotiate the abandonment and sale of the above
referenced property to Marrano/Marc Equity Corp. and report
back to Your Honorable Body the results of negotiations for
final approval.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
May 26, 1999 be received and filed; and
That the City of Buffalo does hereby abandon 25 Capen
Boulevard in accordance with Article 21, Section 390
(Discontinuing and Altering Streets) and Article 27, Section
513 (Sale of Abandoned Real Property) and 514 (Appraisals)
Page 6
99-0601.txt
of the Charter of the City of Buffalo; and
That the Comptroller be, and he hereby is authorized to
negotiate a sale with Marrano/Marc Equity Corporation, Mr.
Victor A. Martucci, Vice President, and report back to the
Common Council with the results of negotiations and final
approval of the abandonment and sale of 25 Capen
Boulevard.
PASSED
AYES -11 NOES - 0
NO. 12
LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO
AND THE COMMUNITY GRIEF CENTER OF
WESTERN NEW YORK, INC. FOR USE OF A PORTION
OF 2193 SOUTH PARK -
FORMER SCHOOL # 29
The Comptroller's Office, Division of Real Estate has
received a request to lease a vacant room at former School
#29 located at 2193 South Park from the Community Grief
Center of Western New York, Inc.
The room in question is located between Room 111 and a
bathroom. This was formerly used by a counselor at the South
Buffalo Community Association and will be referred to as
Room "111-B The South Buffalo Community Association has
indicated that they no longer need this room and have no
objections to the Community Grief Center utilizing this room.
The Community Grief Association has indicated that this
space would become their main administrative office for staff
and volunteers. It would also be utilized as a primary location
for individual and group support/counseling sessions, a
training and volunteer workshop facility and a major viewing
location for their Memorial Lights for Commemoration during
special events. They will use the space Monday - Friday
during working hours, as well as support groups utilizing the
space during the evenings and on weekends, per instructions
provided by the South Buffalo Community Association.
This office is requesting Your Honorable Body to approve a
lease agreement between the City of Buffalo and the
Community Grief Center of Western New York, Inc. with the
following terms and conditions:
1. This lease should be for a 2 year period commencing June
15, 1999 and expire June 14, 2001.
2. The Community Grief Center of Western New York, Inc.
shall leave the premises in the same condition as they were
found.
3.The annual rental fee shall be One Dollar ($1.00) per year.
4.The Community Grief Center shall provide insurance saving
the City harmless from any liability, as set forth per Item #197,
C.C.P. 3/31/87 - Insurance Requirements for lease of
city-owned properties.
5.The lease shall have a 30 day cancellation clause by either
party.
I am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary
lease incorporating but not limited to the above
aforementioned terms and conditions that may deem
necessary to protect the interest of the City of Buffalo. I am
also requesting that Your Honorable Body authorize the
Mayor to execute the same.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
May 19, 1999, be received and filed; and
That the Comptroller be, and he hereby is authorized to enter
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into a lease between the City and The Community Grief
Center of Western New York, Inc., for use of a vacant Room
111 and a bathroom at former School #29 located at 2193
South Park for a two (2) year term commencing on July 15,
1999 and expiring June 14, 2001. The Community Grief
Center of Western New York, Inc., shall leave the premises in
the same condition as they were found. The annual rental fee
is One Dollar ($1.00) per year. The Community Grief Center
shall provide insurance saving the City harmless from any
liability, as set forth per Item No. 197, C.C.P., 3/31/87 -
Insurance Requirements for lease of city-owned properties
and the lease shall have a thirty (30) day cancellation notice
by either party. That the Corporation Counsel be authorized to
prepare the necessary lease incorporating but not limited to
the above aforementioned terms and conditions that may
deem necessary to protect the City of Buffalo and that the
Mayor be authorized to execute the same.
PASSED
AYES -11 NOES - 0
NO. 13
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO
AND NORTH BUFFALO COMMUNITY
DEVELOPMENT CORP. FOR
USE OF FORMER SCHOOL #88 - 203
SANDER'S RD.
ITEM NO. 18, C.C.P. 5/3/94
Pursuant to Item # 18, C.C.P. 5/3/94 Your Honorable Body
authorized to exercise the second term of a four term renewal
option. The second term was for the period of July 1, 1994
through June 30, 1999.
This office has been informed by the North Buffalo
Community Development Corporation that they wish to renew
their lease under the same terms and conditions as their
current lease, with the exception of the insurance. The
insurance limits saving the City of Buffalo harmless should be
increased to One Million Dollars.
The original lease agreement has an option to renew for four
(4) consecutive terms of five (5) years each. This will be the
third renewal term. The rental fee is One Dollar ($1.00)
annually.
This office recommends that Your Honorable Body renew
their lease agreement for an additional five (5) year term
commencing on July 1, 1999 and ending June 30, 2004. 1 am
further recommending that Your Honorable authorized the
Corporation Counsel to prepare the necessary documents to
renew said lease and that the Mayor be authorized to execute
the same.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
May 19, 1999, be received and filed; and
That the Comptroller be, and he hereby is authorized to renew
a lease between the City and North Buffalo Community
Development Corporation, for use of former School #88, 203
Sanders Road, for an additional five (5) year term
commencing on July 1, 1999 and expiring June 30, 2004. The
North Buffalo Community Development Corporation, shall
increase the insurance saving the City harmless from any
liability to One Million Dollars ($1,000,000). The annual rental
fee is One Dollar ($1.00). That the Corporation Counsel be
authorized to prepare the necessary lease and that the Mayor
be authorized to execute the same.
Page 8
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PASSED
AYES -11 NOES - 0
NO. 14
UTILITY EASEMENT - NIAGARA MOHAWK POWER
CORP.
FORMER RAILROAD STREET
The Office of the Comptroller, Division of Real Estate, has
received a letter from Niagara Mohawk requesting our
assistance in obtaining the proposed easement agreement for
city owned property known as former Railroad Street.
This easement is necessary in order for Niagara Mohawk
Power Corporation to allow them to place one pole & down
guy on city-owned property. The pole is being installed
because of the reconstruction of Exchange Street and
Niagara Mohawk's need to maintain two services to the
Buffalo Sewer Authority.
They are requesting an easement as described in Parcel B
attached hereto.
I am recommending that Your Honorable Body approve this
easement, providing the Dept. of Public Works, and the
Corporation Counsel's office has no objections to the attached
easement. I am further recommending that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNCIL AND THE COMMISSIONER
OF PUBLIC WORKS AND THE DIRECTOR OF
TELECOMMNICATIONS
NO. 15
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 $500,000 for Neighborhood Redevelopment. The
loan will be repaid when Bond Anticipation Notes or Bonds
are issued.
Mrs. Lotempio moved:
That the Comptroller be and hereby is authorized to issue
and interfund cash loan from the General Fund to the City's
Capital Projects Fund in the amount of $500,000 for
Neighborhood Redevelopment. The loan will be repaid when
Bond Anticipation Notes or Bonds are Issued
PASSED
AYES -11 NOES - 0
NO. 16
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
CITY REVENUE
DIVISION OF COLLECTIONS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $145,000 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Department of Audit
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and Control, Division of Collections, to meet a contingency
which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation
will be met from an increase of $145,000 in the General Fund
City Revenue account 100-402-044-30020 Charges for
Collection Services not otherwise appropriated for any other
purpose. The details of the requirements are set forth below:
To:
100 General Fund
044 - Division of Collections
001 - Collections
570 - Financial and Accounting Services$145,000
Dated: Buffalo, NY, May 28, 1999
RECEIVED AND FILED
NO. 17
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF PLANNING
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $2,000 in the
estimates for the fiscal year beginning July 1, 1998 are
necessary in Appropriation Allotments for the Division of
Planning, to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from an
increase of $2,000 in the General City Revenue account
100-711-402-90008 - Miscellaneous not otherwise
appropriated for any other purpose. The detail of the
requirements Is set forth below:
To:
100 General Fund
711 - Division of Planning
00 1 -Community Development Planning
536 - Advertising$2,000
Dated: Buffalo, NY, May 19, 1999
RECEIVED AND FILED
NO. 18
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $518,719 in the
estimates for the fiscal year beginning July 1, 1998 are
necessary in Appropriation Allotments for the Division of
Housing & Inspections - Exempt Items, to meet a contingency
which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation
will be met from an increase in the revenue accounts,
100-713-405-88018 Demolition County ($375,000) and
100-713-40230078 Demolition Charges ($143,719) not
otherwise appropriated for any other purpose. The detail of
the requirements is set forth below:
To:
100 General Fund
71 - Department of Community Development
3 - Community Development Planning
0 13 - Licenses & Permits
819 - Exempt Items
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900 - Land and Betterments (General Demolition
Fund)$518,719
Dated: Buffalo, NY, May 28, 1999
RECEIVED AND FILED
NO. 19
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
GENERAL CITY REVENUES - ASSESSMENT -
FORECLOSURE FEES
DEPARTMENT OF LAW
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $300,000 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments in Department of Law -
Unclassified, to meet a contingency which could not have
been reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from an
increase of $300,000 in the General City Revenue account
100-090-402-3 1970 - Department of Assessment -
Foreclosure Fees not otherwise appropriated for any other
purpose. The details of the requirements are set forth below:
To:
100 General Fund
080 - Department of Law
00 1 - Corporation Counsel
583 - Unclassified
$300,000
Dated: Buffalo, NY, May 27, 1999
RECEIVED AND FILED
NO. 20
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DEPARTMENT OF POLICE
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that increases in the sums of $25,740, $2,500 and
$10,760 in the estimates for the fiscal year beginning July 1,
1998 are necessary in Appropriation Allotments for the
Department of Police - Collision Repairs, equipment for the
Firearins Unit and business expense to meet a contingency
which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation
will be met from an increase of $39,000 in the General City
Revenue account 100-200-402-62032 - Deposit of Unclaimed
Property not otherwise appropriated for any other purpose.
The details of the requirements are set forth below:
To:
100 General Fund
20 - Department of Police
I - Police Administration
032- Fleet Maintenance
501 - Automotive - Body Repairs$25,740
00 1 - Office of the Police Commissioner
586 - Public Relations$2,500
085 - Exempt Items
982 - Equipment & Furnishings$10,760
Dated: Buffalo, NY, May 28,1999-
RECEIVED AND FILED
NO. 21
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CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
GENERAL CITY CHARGES
DEPARTMENT OF LAW
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $18,522 be
transferred and reappropriated from General City Charges, as
set forth below:
From:
100 General Fund
81 - General City Charges
2 - Miscellaneous
809- Judgement & Claims - Prior Years$18,522
To:
100 General Fund
080 - Department of Law
00 1 - Corporation Counsel
535 - Membership Dues & Periodicals$18,522
Dated: Buffalo, NY, May 24, 1999
RECEIVED AND FILED
NO. 22
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
GENERAL CITY CHARGES
DEPARTMENT OF LAW
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $26,394 be
transferred and reappropriated from General City Charges, as
set forth below:
From:
100 General Fund26,394
81 - General City Charges
2 - Miscellaneous
809- Judgement & Claims - Prior Years
To:
100 General Fund
080 - Department of Law
001 - Corporation Counsel
523 - Repairs to Equipment & Machinery337
540 - Printing & Binding836
571 - Medical Services1000
572 - Legal Services19,749
573 - Engineering & Technical Services800
583 - Unclassified3,530
590 - Printing & Copying Interdepartmental142
Dated: Buffalo, NY, May 27, 1999
RECEIVED AND FILED
NO. 23
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
GENERAL CITY CHARGES
PUBLIC WORKS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $86,315 be
transferred and reappropriated from General City Charges, as
set forth below:
From:
100 General Fund
Page 12
99-0601.txt
81 - General City Charges
3 - Fringe Benefits
151 - NYS Police & Fire Retirement System86,315
To:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
031 - Operation & Maintenance of Public Buildings
404 - Office Supplies39
432 - Janitorial1,281
449 - Miscellaneous249
450 - Automotive Maintenance Supplies52
460 - Building Materials7,492
464 - Electric & Electronic Supplies848
465 - Plumbing, Heating & Air Cond. Supplies2,685
523 - Repairs to Equipment & Machinery19,059
536 - Advertising1,076
540 - Printing & Binding220
560 - Building Repairs & Alterations53,314
Dated: Buffalo, NY, May 24, 1999
RECEIVED AND FILED
NO. 24
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DEPARTMENT OF POLICE
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $35,000 be
transferred and reappropriated within the Department of
Police, as set forth below:
From:
100 General Fund
20 - Department of Police
I - Police Administration
02 1 - Administration & Communications
598 - Freeze35,000
To:
100 General Fund
20 - Department of Police
1 - Police Administration
032- Fleet Maintenance
501 - Automotive - Body Repairs20,000
503 - Automotive - Transmission Service10,000
504 - Automotive - Other Service5,000
Dated: Buffalo, NY, May 27, 1999
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT
NO. 25
C: REQUEST APPROVAL OF
CERTIFICATE OF ADJUSTED
Attached find Certificate of Adjusted Base Proportions. I am
respectfully requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real
Property Tax Law.
This Certificate was prepared by this department with the
assistance of the New York State Office of Real Property
Service, pursuant to the Real Property Tax Law and the Rules
and Regulations of the Office of Real Property Service.
Upon approval of this Certificate, kindly direct the City Clerk to
sign, date and forward said Certificate to the New York State
Office of Real Property Service, Equalization Rate Bureau, 16
Page 13
99-0601.txt
Sheridan Avenue, Albany, New York 12210-2714. Also, kindly
direct the City Clerk to furnish this department with a copy of
the approved Certificate.
Mrs. LoTempio moved:
That the above communication from the Department of
Assessment dated May 18, 1999, be received and filed; and
That this Common Council approves the Certificate of
Adjusted Base Proportions pursuant to Article 19 of the Real
Property Tax Law and as more fully described in the above
communication. Upon approval the City Clerk shall sign, date
and forward said Certificate to the New York State Office of
Real Property Service, Equalization Rate Bureau, 16
Sheridan Avenue, Albany, New York 12210-2714 and provide
the Department of Assessment with a copy of the approved
Certificate,
PASSED
AYES -11 NOES - 0
NO. 26
REQUEST APPROVAL OF
CERTIFICATE OF CURRENT
BASE PROPORTIONS
Attached find Certificate of Base Percentages, Current
Percentages and Current Base Proportions. I am respectfully
requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real
Property Tax Law.
This Certificate was prepared by this department with the
assistance of the New York State Office of Real Property
Service, pursuant to the Real Property Tax Law and the Rules
and Regulations of the Office of Real Property Service.
Upon approval of this Certificate, kindly direct the City Clerk to
sign, date and forward said Certificate to the New York State
Office of Real Property Service, Equalization Rate Bureau, 16
Sheridan Avenue, Albany, New York 12210-2714. Also, kindly
direct the City Clerk to furnish this department with a copy of
the approved Certificate.
Mrs. LoTempio moved:
That the above communication from the Department of
Assessment dated May 18, 1999, be received and filed; and
That this Common Council approves the Certificate of Base
Percentages, Current Percentages and Current Base
Proportions pursuant to Article 19 of the Real Property Tax
Law and as more fully described in the above communication.
Upon approval the City Clerk shall sign, date and forward said
Certificate to the New York State Office of Real Property
Service, Equalization Rate Bureau, 16 Sheridan Avenue,
Albany, New York 12210-2714 and provide the Department of
Assessment with a copy of the approved Certificate.
PASSED
AYES -11 NOES - 0
NO. 27
APPT ASSOCIATE TAX CLERK TEMPORARY
Appointment Effective in the Department of Assessment to
the Position of Associate Tax Clerk Temporary Appointment
at the Starting salary of $30,542.
Cheryl A. Yeates, 65 Frontenac Avenue, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 28
NOTIFICATION SERIAL #9145
Page 14
99-0601.txt
INSTALL STOP SIGNS (ALL-WAY) IN
WESCOTT STREET
AT TROUPE STREET
STOP SIGNS (ALL-WAY) - 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 9 Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Wescott StreetTroupe Street
This action is being taken in order to provide necessary traffic
control at a currently uncontrolled intersection.
NOTIFICATION SERIAL #9144
INSTALL STOP SIGNS (ALL-WAY) IN
TROUPE STREET
AT WESCOTT STREET
STOP SIGNS (ALL-WAY) - 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 9 Section 11 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE
ENTERING
Troupe StreetWescott Street
This action is being taken in order to provide necessary traffic
control at a currently uncontrolled intersection.
RECEIVED AND FILED
NO. 29
BUFFALO INNER HARBOR OPERATION &
MAINTENANCE PLAN
ITEM NO. 64, C.C.P. 5/18/99
We have reviewed the Buffalo Inner Harbor Operation &
Maintenance Plan which was transmitted to the Common
Council by the Buffalo Economic Renaissance Corporation.
We are in agreement with the plan provided that all lands are
transferred to the City of Buffalo. This department will
negotiate with the Buffalo Naval & Servicemen's Park
regarding the lease of their facility, and we will also negotiate
with the proper individuals from Miss Buffalo on a lease for
their space.
I would like to point out, however, that the pro-forma shown on
this plan indicates that the City's operation of this facility will
result in negative cash flow.
RECEIVED AND FILED
NO. 30
REPORT OF BIDS
DISTRIBUTION SYSTEM SLUDGE LAGOON
SOLIDS
On Wednesday, April 21, 1999, the Division of Water
Page 15
99-0601.txt
received the following bids for the above noted project:
Metropolitan Environmental Services, Inc. $
210,500.00
Hydropress Environmental Services, $
229,984..00
Philip/J.D. Meagher, Inc. $
330,000.00
The low bidder, Metropolitan Environmental Services,
included multiple exclusions to the contract documents in their
bid, which is in violation of "Article 202-Preparation of
Proposals" as stated in the "City of Buffalo Standard
Specifications for Construction". The exclusions potentially
could have significant adverse cost ramifications for the City.
Additionally, based on references supplied by the Company,
the construction method proposed by Metropolitan
Environmental Services has not been used for the type of
sludge to be removed under this project. Because of these
reasons, the Commissioner of Public Works has found
Metropolitan Environmental Services, Inc. an unresponsive
bidder.
The second low bidder, Hydropress Environmental Services,
did not have any exclusions in their bid and is using a
construction method known to be compatible with alum
sludge.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with
Hydropress Environmental Services, Inc. , the cost thereof to
be charged to the Division of Water's 416-985-001-00-000
account in the amount of $229,984.00 plus 10% for a total
encumbrance of $252,982.40.
The Engineer's estimate for this work was $250,000.00.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated April 26, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Distribution System Sludge
Lagoon Solids, to Hydropress Environmental Services, Inc.,
the lowest responsible bidder, in the amount of $229,984.00
plus 10% for a total encumbrance of $252,982.40. Funds for
the project are available in the Division of Water's
416-985-001-00-000.
PASSED
AYES -11 NOES - 0
NO. 31
REPORT OF BIDS
EMERGENCY PAVEMENT REPAIRS @ 75
EXCHANGE
STREET - AMTRAK STATION
GROUP #501
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised
and received bids on May 19, 1999 for The Emergency
Pavement Repairs @ 75 Exchange Street - Amtrak Station.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and material
which will be performed. The final cost of the work will be
based on the actual measured quantities of materials entering
into the work and may be either more or less than the total
bid.
The following bids were received:
Base BidUnit Price Increase
C. Destro Development co., Inc. $34,819.75
Page 16
99-0601.txt
$38,301.73
M.P.J. Contracting, Inc. $36,549.38
$40,204.32
P & J Construction Co., Inc. $45,525.00
$50,077.50
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is C. Destro Development Co., Inc. I
respectfully recommend that your Honorable Body order the
work, the cost thereof to be charged to the Capital Projects
Fund #200-401-035-00-000 in an amount of $34,819.75 plus
approved unit prices not to exceed $3,481.98 as per Item
4126, C.C.P. 3/3/98 for a total encumbrance of $38,301.73.
The engineer's estimate for this work is $35,000.00.
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 July 3, 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 May 25, 1999, be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Emergency Pavement
Repairs at 75 Exchange Street - Amtrak Station to C. Destro
Development Co., Inc., the lowest responsible bidder, in an
amount of $34,819.75 plus approved unit prices not to exceed
$3,481.98 as per Item No. 126, C.C.P., 3/3/98, for a total
encumbrance of $38,301.73. Funds for this project are
available in the Capital Projects Fund #200-401-035-00-000.
PASSED
AYES -11 NOES - 0
NO. 32
REPORT OF BIDS
REPLACEMENT OF CITY SIDEWALK @ CITY
OF BUFFALO DEMOLITION SITES - 1999
GROUP #497
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised
and received bids on May 19, 1999 for The Replacement of
City Sidewalks @ City of Buffalo Demolition Sites - 1999,
Group #497.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and material
which will be performed. The final cost of the work will be
based on the actual measured quantities of materials entering
into the work and may be either more or less than the total
bid.
The following bids were received:
Base BidUnit Price
Increase
Tom Greenauer Development, Inc.$34,725.00
$38,198.00
P & J Construction Co., Inc.$34,940.00
$38,413.00
C & C Contractors, Inc.$36,520.00
$39,993.00
Campobello Construction Co., Inc.$45,590.00*
$49,063.00*
Lang's Landscaping, Inc.$47,925.00
Page 17
99-0601.txt
$51,398.00
A.B.P. Concrete Construction, Inc.$48,315.00
$51,788.00
C. Destro Development co., Inc.$49,750.00
$53,223.00
Master's Edge, Inc.$63,150.00
$66,623.00
M.P.J. Contracting, Inc.$64,600.00
$68,073.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is Tom Greenauer Development, Inc.
I respectfully recommend that your Honorable Body order the
work, the cost thereof to be charged to the Capital Projects
Fund #402-011-56 1 -00-000 in an amount of $34,725.00 plus
approved unit prices not to exceed $3,473.00 as per Item #
126, C.C.P. 3/3/98 for a total encumbrance of $38,198.00 .
The engineer's estimate for this work is $40,000.00
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 riot made by July 2, 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 May 24, 1999, be
received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Replacement of City
Sidewalk at City of Buffalo Demolition Sites - 1999, Group
#497, to Tom Greenauer Development, Inc., the lowest
responsible bidder, in an amount of $34,725.00 plus approved
unit prices not to exceed $3,473.00 as per Item No. 126,
C.C.P., 3/3/98, for a total encumbrance of $38,198.00. Funds
for this project are available in the Capital Projects Fund
#402-011-561-00-000.
PASSED
AYES -11 NOES - 0
NO. 33
REPORT OF BIDS
REPLACEMENT OF TREE ROOT DAMAGED
SIDEWALKS -
CITY-WIDE 1999
GROUP #492
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised
and received bids on May 5, 1999 for Replacement of Tree
Root Damaged Sidewalks - City Wide - 1999, Group 4492.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and material
which will be performed. The final cost of the work will be
based on the actual measured quantities of materials entering
into the work and may be either more or less than the total
bid.
The following bids were received:
Base BidUnit Price Increase
Master's Edge, Inc.$451,250.00
$496,375.00
P & J Construction Corp.$458,625.00
$503,750.00
Campobello Construction$460,650.00
$505,775.00
Page 18
99-0601.txt
Lang's Concrete$488,565.00*
$533,690.00*
C & C Contractor's, Inc.$527,725.00
$572,850.00
A.B.P. Concrete Construction, Inc.$536,112.50
$581,237.50
Sunshine Concrete$599,625.00
$644,750.00
M.P.J. Contracting, Inc.$635,770.00
$680,895.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is Master's Edge, Inc.
I respectfully recommend that your Honorable Body order the
work, the cost thereof to be charged to the Capital Projects
Fund #203-401-008-00-000 in an amount of $ 451,250.00
plus approved unit prices not to exceed $45,125.00 as per
Item 4126, C.C.P. 3/3/98 for a total encumbrance of
$496,375.00. The engineer's estimate for this
work is $600,000.00. A "List of tree root damage locations
byDistrict is attached fcr
your information.
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 June 19, 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 May 10, 1999, be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Replacement of Tree Root
Damage Sidewalks - City-Wide 1999 Group #492, the lowest
responsible bidder, in an amount of $451,250.00 plus
approved unit prices not to exceed $45,125.00 as per Item
No. 126, C.C.P., 3/3/98, for a total
encumbrance of $496,375.00. Funds for this project are
available in the Capital Projects
Fund #203-401-008-00-000.
PASSED
AYES -11 NOES - 0
NO. 34
REPORT OF BIDS
SOLDIERS CIRCLE CURB & RENOVATION
PROJECT -
1999 GROUP #494
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised
and received bids on May 5, 1999 for Soldiers Circle Curb &
Renovation - 1999, Group #494.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and material
which will be performed. The final cost of the work will be
based on the actual measured quantities of materials entering
into the work and may be either more or less than the total
bid.
The following bids were received:
Base BidUnit Price Increase
North America Construction Co., Inc.$41,23 1.00*
$45,354.00*
C. Destro Devleopment$44,702.00
Page 19
99-0601.txt
$48,825.00
Campobello Construction, Inc.$54,136.50*
$58,259.50
Master's Edge$58,980.00
$63,103.00
M.P.J. contracting, Inc.$59,884.00
$64,007.00
Collana Construction, Inc.$62,642.50
$66,765.50
P & J Construction Corp.$864,929.00
$869,052.00
*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 # 203-401-008-00-000 in an amount of $ 41,23 1.00,
plus approved unit prices not to exceed $4,123.00 as per Item
#126, C.C.P. 3/3/98 for a total encumbrance of $45,354.00.
The engineer's estimate for this work is $40,000.00.
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 June 19, 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 May 10, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Soldiers Circle Curb &
Renovation Project - 1999 Group #494, to North America
Construction Co., Inc., the lowest responsible bidder, in an
amount of $41,23 1.00 plus approved unit prices not to
exceed $4,123.00 as per Item No. 126, C.C.P., 3/3/98, for a
total encumbrance of $45,354.00. Funds for this project are
available in the Capital Projects Fund #203-401-008-00-000.
PASSED
AYES -11 NOES - 0
NO. 35
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 . Concrete foundation work for new column A.4/4.6. Add $
7,977.00
2. Furnish a new door, frame, hardware and signage in the
wall to the attic above the proscenium arch to allow for the
crew from the Phantom of the Opera to install their steel.
Add $2,146.00
3. Excavation work required to install a 2'x 2'each basin the
loading dock at the direction of the City Plumbing
Inspector.Add $ 608.00
The foregoing change results in a net increase in the contract
of Ten Thousand Seven Hundred Thirty One and 00/100
Dollars ($10,731.00).
Summary:Original Amount of Contract
$2,378,000.00
Page 20
99-0601.txt
Net Change by Previous Change Orders
$(79,539.00)
Contract Sum Prior to This Change Order
$2,298,461.00
Amount of This Change Order (#4)Add
$10,731.00
New Contract Sum to Date
$2,309,192.00
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 May 17, 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 C.H. Byron Co.,
Inc., an increase in the amount of $10,73 1.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Construction, Contract
103, C #91938800. Funds for this project are available in CPF
292-402-001 - Division of Buildings.
PASSED
AYES -11 NOES - 0
NO. 36
CONVERT BOYD STREET TO ONE-WAY TRAFFIC
ITEM #138, CCP 05/18/99
The Department of Public Works was asked to respond to
Item #138 of May 18, 1999. This item requested that Boyd
Street between Grant Street and Parkdale Avenue be
converted from two-way travel to one-way.
As the first step in this process, this department requires a
signed petition of homeowners on this street requesting this
change. This petition should contain at least 75% of
homeowner's signatures on Boyd Street. Upon receipt of this
petition, this department will take further action.
RECEIVED AND FILED
NO. 37
EASEMENT FOR THE
CONSTRUCTION OF THE PROPOSED
ERIE COUNTY COURT BUILDING
I have been informed by Foit-Albert Associates, the
architects for the proposed Erie County Family Court -
Probation Department Building, that in order to construct the
new building, as presently envisioned, it will be necessary for
Your Honorable Body to grant an easement to allow for
certain encroachments within the dedicated public
right-of-ways of the adjoining streets.
The encroachments consist of underground foundations, a
stair tower and an entrance terrace including the necessary
stairs and ramps.
The area of the easement is described as follows:
Beginning at a point in the westerly line of Pearl Street (66
feet wide), said point being one hundred thirty-nine and
forty-nine hundredths (139.49) feet north of the intersection of
Page 21
99-0601.txt
the westerly line of Pearl Street with the northerly line of West
Eagle Street (66 feet wide) and running thence easterly and at
right angles to the westerly line of Pearl Street three (3.00)
feet into the dedicated right-of-way of Pearl Street, to a point;
Running thence southerly along a line drawn within the street
right-of-way, and parallel to the westerly line of Pearl Street,
to its intersection with a line drawn parallel to the northerly line
of West Eagle Street and three (3.00) feet southerly
therefrom, as measured at right angles thereto;
Running thence westerly within the dedicated right-of-way of
West Eagle Street, along a line drawn parallel to the northerly
line of West Eagle Street, to its intersection with a line drawn
parallel to the northeasterly line of Niagara Street (99 feet
wide) and twenty-four (24.00) feet southwesterly there from,
as measured at right angles thereto;
Running thence northwesterly within the right-of-way of
Niagara Street, along a line drawn parallel to the northeasterly
line of Niagara Street, one hundred and eight (108.CCO feet,
to a point;
Running thence northeasterly along a line drawing, at right
angles to the northeasterly line of Niagara Street sixteen
(16.00) feet to a point;
Running thence northwesterly within the right-of-way of
Niagara Street, along a line drawn parallel to and eight (8.00)
feet southwesterly from the northeasterly line of Niagara
Street, sixty-five (65.00) feet, to a point;
Running thence northeasterly along a line drawn at right
angles to the northeasterly 1--ne of Niagara Street, eight
(8.00) feet to a point in the northeasterly line of Niagara
Street;
Running thence southeasterly along the northeasterly line of
Niagara Street to its intersect-ion with northerly line of West
Eagle Street;
Running thence easterly and along the northerly line of West
Eagle Street to its intersection with the westerly line of Pearl
Street;
Running thence northerly and along the westerly line of Pearl
Street one hundred thirty-nine and forty-nine hundredths
(139.49) feet, to the POINT OF BEGINNING.
I have reviewed the preliminary plans for the proposed
building and have arrived at the conclusion that the
encroachments are necessary and proper. I am, therefore,
respectfully recommending that Your Honorable Body grant to
the County of Erie the requested easement, subject to the
following conditions:
1.That the easement is granted and approved for the
sole purpose of the construction and occupation of
those appertences to the proposed Court Building buiIt
at the same time as the Court Building.
2.That the easement will be in effect for the life of the
building.
3.That the easement will be subject to any conditions or
restrictions recommended by the Law Department of
the City of Buffalo.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 12, 1999 be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to enter into an easement agreement with the
County of Erie for the above-described streets for the
proposed Erie County Family Court - Probation Department
Building subject to the conditions listed above.
PASSED
Page 22
99-0601.txt
AYES -11 NOES - 0
NO. 38
ERIE BASIN MARINA PHASE VI-A CHANGE ORDER
NO. I
ITEM NO. 19, C. C.P. 04/20/99
I hereby request permission of your Honorable Body to
allow the Commissioner of Public Works to issue a change
order to Destro & Brothers Concrete Company Inc. for new
street lights and sidewalk widening at the Erie Basin Marina.
Our initial plans called for retaining the existing street lighting
but upon further investigation it is in our best interest to
relocate/replace the system.
The 13 street lights affected are currently owned by Niagara
Mohawk Power Corporation. Upon completion the City -A411
assume ownership of the lights, foundations and conduit
showing a savings of approximately $5,800.00 per year.
Change Order Amount:
Additions$31,204.00
Deductions$6,157.15
Net Change Order$25,046.85
Contract Summary:
Existing Contract$124,631.10
Change Order No. 1$25,046.85
New Contract Amount$149,677.95
Funds for this additional work are available in Division of
Engineering Bond Fund 203-401-003-00-000.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 26, 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 Destro & Brothers
Concrete Company Inc., an increase in the amount of
$25,046.85, as more fully described in the above
communication, for work relating to Erie Basin MarinaVI-A.
Funds for this project are available in Division of Engineering
Bond, Fund 203-401-003-00-000. The Commissioner of
Public Works shall file a report with the Common Council
regarding the potential of paying exit fees in connection with
this action.
PASSED
AYES -11 NOES - 0
NO. 39
MAIN - LASALLE REVITALIZATION
MCCARTHY PARKWAY
MAIN STREET - 1500' SOUTHERLY
ITEM 432, CCP OF 2/3/98
This is to advise Your Honorable Body that I have
advertised and received bids on 5/26/99 for the construction
of McCarthy Parkway - Main Street - 1500' Southerly
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
to bid.
C. Destro Development$1,887,254.50
Firstrhyme Construction$1,896,889.00
Visone Construction$1,919,376.75
Cimato Bros. Construction$1,927,508.75
Destro Brothers$2,073,895.50
Depew Construction$2,103,685.00
Page 23
99-0601.txt
MPJ Contracting$2,177,980.50
Accadia Enterprises$2,331,012.50
I hereby certify that the lowest responsible bidder for the
above project is C. Destro Development and I respectfully
recommend that Your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund No.
200-401-568 in the base bid of $1,887,254.50, plus approved
unit prices for ar additional $188,000.00 for a total of
$2,075,254.50.
The engineer's estimate for this work is $2.2 million.
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 July 12, 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 May 26, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for construction of McCarthy
Parkway - Main Street - 1500' Southerly, to C. Destro
Development, the lowest responsible bidder, in the base bid
amount of $1,887,254.50, plus approved unit prices for an
additional $188,000.00, for a total of
$2,075,254.30. Funds for this project are available in the
Capital Projects Fund No.
200-401-568.
PASSED
AYES -11 NOES - 0
NO. 40
NIAGARA MOHAWK REFUNDS
ITEM NO. 27, C.C.P. 3/9/99
In addition to the refunds reported in my communication of
March 22, 1999, Niagara Mohawk has issued refunds on the
following accounts.
BUILDING:ACCT. #:AMOUNT:
Erie Basin Marina1410-309-363-3 12,509.59*
Engineering Garage1410-366-169-03,392.18*
Fire Station1410-212-120-0151.20*
Delavan Moselle Center1410-231-405-1106.00*
University Heights Center1410-354-465-01,504.74
Lafayette Ice Rink1410-350-245-23,991.49
* These overcharges were reported by Niagara Mohawk.
Therefore, Troy & Banks Inc. do not receive any part of these
refunds.
Including the amounts previously reported, the City has now
received $270,959.51 in refunds from Niagara Mohawk.
REFERRED TO THE SPECIAL COMMITTEE ON THE
MUNICIPALIZATION OF ELECTRICAL SERVICES
NO. 41
PERMIT FEES FOR DRIVEWAYS
ITEM NO. 130, CCP 3/9/99
This is in response to the subject item which was referred to
our department for comments.
It is our understanding that the Division of Inspections has
been charging permit fees for concrete flatwork and or paving
for the past several years. Driveways, sidewalks, parking
pads, etc. are considered to be accessory structures to
houses/buildings as part of the New York State Fire
Prevention and Building Code.
The Department of Public Works has no involvement in the
permit process when a driveway or sidewalk is replaced by a
Page 24
99-0601.txt
homeowner or business.
New curb cut applications are processed by our department
with fees of $10.00 for each residential cut and $100.00 for
commercial.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO, 42
MRS. LOTEMPIO MOVED
PERMISSION TO HIRE CONSULTANT
DESIGN OF ELMWOOD AVENUE PARKING LOTS
Permission is requested from your Honorable Body to hire
an Architectural/Engineering Consultant for design and
construction of Elmwood Avenue Parking Lots. Phase I of this
project is the Elmwood-Forest location at 569-573 Forest
Avenue.
Engineering and inspection fees are not expected to exceed
$125,000 and funds will be available in our Capital Project
Account. Bond Resolutions approved by Items #197 and #198
of CCP 2/9/99.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 27, 1999 be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to hire an Architectural/Engineering Consultant for
design and construction of Elmwood Avenue Parking Lots, in
an amount not to exceed $125,000. Funds for this project are
available in Capital Project Account.
PASSED
AYES -11 NOES - 0
NO. 43
PERMISSION TO ENGAGE SERVICES
CONSULTING ENGINEER
RECOMMENDED CHANGES TO CITY OF BUFFALO
CODE, CHAPTER 491
Permission is hereby requested from your Honorable Body
to retain the services of an Engineering Consultant to
recommend changes to the section of the City Code that
pertains to the Water Distribution System. The Code has not
been revised in many years and needs to be reviewed and
updated to ensure it conforms to industry standards and New
York State Health Code.
Engineering Services are estimated to be $12,000.00. Funds
are available in the Division of Water's Capital Project Fund,
416-985-001-00-000.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 18, 1999 be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to retain the services of an Engineering Consultant
to recommend changes to the section of the City Code that
pertains to the Water Distribution System. Funds for this
project are available in the Division of Water's Capital Project
Fund, 416-985-001 -00-000.
PASSED
AYES -11 NOES - 0
NO. 44
PERMISSION TO HIRE A
CONSULTANT ENGINEER TO PROVIDE
TRAFFIC ENGINEERING SERVICES FOR THE
CBD TRAFFLIC CIRCULATION IMPROVEMENT PROJECT
I hereby request permission from Your Honorable Body to
Page 25
99-0601.txt
authorize the Commissioner of Public Works to enter into an
agreement with a Consultant Engineer. This Consultant
Engineer will prepare the necessary traffic plans and perform
necessary design and inspection work for the CBD Traffic
Circulation Improvement Project.
Funds for this work are available from Bond Fund
200-401-570-00-000.
This project is a result of the recently completed CBD traffic
circulation study conducted by the Greater Buffalo Niagara
Regional Transportation Council (GBNRTC). The project will
consist of traffic improvements on Ellicott, Washington Huron,
Broadway, Tupper and Main Streets
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 24, 1999 be received and filed-, and
That the Commissioner of Public Works be, and he hereby is
authorized to enter into an agreement with a Consultant
Engineer to prepare the necessary traffic plans and perform
necessary design and inspection work for the CBD Traffic
Circulation Improvement Project. Funds for this project are
available in Bond Fund 200-401-570-00-000.
PASSED
AYES -11 NOES - 0
NO. 45
PERMISSION TO PREPARE PLANS &
SPECIFICATIONS AND ADVERTISE
PROPOSALS FOR THE INSTALLATION OF TRAFFIC
SIGNAL VEHICLE
DETECTION LOOPS - 1999
I hereby request permission from Your Honorable Body to
prepare plans and specifications and advertise for sealed
proposals for the projects specified below:
1. Installation of Traffic Signal Vehicle Detection Loops -
1999
The Engineer's estimate for this project is $50,000.00 and
funds are available in Bond Fund No. 203-401-008-00000.
This contract will be used to install vehicle detection loops at
signalized intersections where streets have been overlayed.
Mrs, LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 21, 1999 be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to prepare plans, specifications and to advertise for
sealed proposals for the Installation of Traffic Signal, Vehicle
Detection Loops - 1999. Funds for this project are available in
Bond Fund No. 203-401-008-00-000.
PASSED
NO. 46
PERMISSION TO PREPARE PLANS &
SPECIFICATIONS AND ADVERTISE
PROPOSALS FOR THE STRIPING OF
VARIOUS OVERLAY CITY STREETS - 1999
I hereby request permission from Your Honorable Body to
prepare plans and specifications and advertise for sealed
proposals for the projects specified below:
1. Striping of Various Overlay City Streets - Lane Lines - 1999
2. Striping of Various Overlay City Streets - Crosswalks -
1999
The Engineer's estimate for these projects is $100,000.00.
Funding for these contracts will be available in Bond Fund No.
203-401-008-00-000,
Page 26
99-0601.txt
Lists of the streets and crosswalks to be striped are available
in the Traffic Engineering Office, Room 512 City Hall.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 21, 1999 be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to prepare plans and specifications and advertise
for sealed proposals for Striping of Various Overlay City
Streets - Lane Lines 1999, Striping of Various Overlay City
Streets -Crosswalks - 1999. Funds for this project are
available in Bond Fund No. 203-401-008-00-000.
PASSED
AYES -11 NOES - 0
NO. 47
ENGINEERING
1680 ELMWOOD AVENUE
REQUESTS PERMISSION TO INSTALL
SIDEWALK CAFE
Mr. Bob Ploch, owner of The Pierce Arrow Bar, located at
1680 Elmwood Avenue, has requested permission to install a
sidewalk cafe which would encroach City right of way at said
address.
The proposed cafe would measure 21.5' in length and project
13' from the building face into City right of way.
The Department of Public Works has reviewed Mr. Ploch's
application pursuant to Chapter 413, Section 59 (Sidewalk
Cafes) of the City Ordinances and has no objection to Your
Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said sidewalk cafe
provided the following conditions are met:
1. . That the applicant obtain 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 21.5' in length or
extend more than 13' 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 $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 and
damage arising out of the construction, maintenance, use and
removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 48
64 WEST CHIPPEWA
SIGN AND AWNING OVER
CITY RIGHT OF WAY
Mr. Frank Parisi, owner of the Soho Bar, located at 64 West
Chippewa Street, has requested permission to install a sign
and awning, both of which would encroach City right of way,
at said address.
Page 27
99-0601.txt
The proposed sign would be attached perpendicular to the
building face measuring two feet in width and five feet in
height. The proposed awning would measure six feet in length
and project two feet from the building face into City right of
way.
The Department of Public Works has reviewed Mr. Parisi's
application pursuant to Chapters 413-56 (Awnings, Canopies,
and Marquees) and 413-67 (Encroachment Regulations) of
the City Ordinances and has no objection to Your Honorable
Body authorizing the Commissioner of Public Works to issue
a "Mere License" for said installation provided the following
conditions are met:
1. . That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2.That the awning and 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 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
and/or sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 49
SUSPENSION OF CONTRACT/PAYMENT OF RETENTION
RESURFACING OF CITY PAVEMENTS - MULTI-MODAL
PROJECT, GROUP #472
DESTRO & BROTHERS CONCRETE CO., INC.
CONTRACT NO. 91959 100
ITEM NO. 24, C.C.P. 6/23/98
The subject project is substantially complete, with the balance
of the contract to be completed in the spring of 2000. The
remainder of the project consists of paving, curb, and
sidewalk construction at the new Fillmore/Ferry Police
Precinct., currently under construction.
As the projected completion date of the new Fillmore/Ferry
Police Precinct is late October or November, we are
requesting that your Honorable Body authorize the suspension
of the paving contract until the spring of 2000, and payment of
the retention due of $46,283.95 to Destro & Brothers
Concrete Co., Inc.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 50
TRAFFIC CONCERNS
FOREST AND WINDSOR AVENUES
ITEM NO. 72, C.C.P. 05/04/99
The Department of Public Works was requested to respond
to Item 472 of May 4, 1999. This item voiced concern over
the increase in traffic along Forest and Windsor Avenues
during the 1999 Decorators Show House event. The
petitioner requested that the existing traffic signal at Forest
and Windsor be changed from its current flashing mode of
operation to a fully-activated green-yellow-red signal.
Please be advised that this department did change this signal
to operate as requested. The change was completed on May
6, 1999 and will continue until May 28, 1999, following the
end of the Decorator's Show House event.
RECEIVED AND FILED
Page 28
99-0601.txt
FROM THE COMMISSIONER OF POLICE
NO. 51
***AMENDED CERTIFICATE***
APPT. CELLBLOCK ATTENDANT PERM INTER
Appointment Effective: May 10, 1999 in the Department of:
Police
to the Position of: Cellblock Attendant Permanent
Appointment
at the Intermediate Starting Salary of $ 24,322
Ellen M. Mann, 136 Cumberland Avenue, Buffalo, N.Y. 14220
Raymond D. Lysarz, 25 Peter Street, Buffalo, N.Y. 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CHANGE OF STATUS ONLY
Appointment Effective: May 10, 1999 in the Department of:
Police
to the Position of: Cellblock Attendant Permanent
Appointment
at the Intermediate Starting Salary of $ 24,322
Ellen M. Mann, 136 Cumberland Avenue, Buffalo, N.Y. 14220
Raymond D. Lysarz, 25 Peter Street, Buffalo, N.Y. 14207
Joseph A. Scherer,47 Marine Drive Apt. 2A,Buffalo, N.Y.
14202
For probationary purposes as a Senior Cell block Attend
FROM THE COMMISSIONER OF FIRE
NO. 52
DIFF IN PAY NICHOLAS MANCINI
Nicholas Mancini, Motor Equipment Mechanic, in the Repair
Shop at the Buffalo Fire Department was injured from
January 12, 1999 to May 17,1999. He is owed a difference in
pay between Worker's Compensation (Allied Claim Service)
and the City of Buffalo for the amount of $191.66. (see
attached table)
Mrs. LoTempio moved:
That the above communication from the Department of Fire
dated May 20, 1999 be received and filed; and
That the Comptroller be, and he hereby is authorized to pay
Nicholas Mancini, Motor Equipment Mechanic, in the Repair
Shop at the Fire Department in the amount of $191.66 for
difference in pay allowance under the provisions of the
Workers' Compensation Law from 1/12/99 to 5/17/99.
PASSED
AYES -11 NOES - 0
FROM THE CORPORATION COUNSEL
NO. 53
REVIEW OF NOMINEE FOR APPOINTMENT
ASST. DIR. LABOR RELATIONS
C.C.P., 5/18/99, NO. 60
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of May
20, 1999) that the following nominee to be Assistant Director
of Labor Relations has no outstanding debts to the City:
Jenifer M. Scalisi
RECEIVED AND FILED
NO. 54
TOWPATH PARK
ITEM NO. 102, C.C.P., 1/12/99
In Item No. 102, C.C.P., January 12, 1999, you requested
the Law Department to prepare the necessary documents to
transfer the maintenance and operation of Towpath Park to
the County of Erie. Attached please find the draft Contract of
Page 29
99-0601.txt
Sale for Towpath Park and a draft Intermunicipal Agreement
with the County of Erie. Both documents have been
negotiated with the County and are now ready for execution
by the City.
At this time, we are requesting that the Common Council
authorize the transfer of Towpath Park to the County of Erie
pursuant to the terms of the Contract of Sale and authorize
the Mayor to execute both the Contract of Sale for Towpath
Park and the Intermunicipal Agreement with the County of
Eric.
Mrs. LoTempio moved:
That the above communication from the Corporation Counsel
dated May 26, 1999, be received and filed; and
That the Common Council does hereby authorize the transfer
of Towpath Park to the County of Erie pursuant to the terms
of the Contract of Sale and authorizes the Mayor to execute
both the Contract of Sale for Towpath Park and the
Intermunicipal Agreement with the County of Erie.
PASSED
AYES -11 NOES - 0
NO. 55
UNPAID COMMERCIAL USER FEE
ITEM NO. 166, C.C.P., 5/18/99
You requested a response from the Law Department
clarifying the language of the City Code on the solid waste
user fee and illegal dumping. This Department believes that
the current Code provisions support the conclusion that
disposal of solid waste by commercial property owners
without payment of the user fee is illegal dumping.
Commercial property owners have the option (unlike
residential owners) of either contracting with a private solid
waste collector or having the City collect and pay the user fee.
If the commercial owners choose to neither contract with a
private collector nor pay the City the user fee for public
collection but continue to deposit waste for public collection,
such depositing constitutes illegal dumping, equivalent to
dumping excessive amounts of waste (see Code 21615).
Section 216-14 of the Garbage, Rubbish and Refuse Code
provides that no person can deposit or leave in any public
street, curbline or public place any solid waste prior to 7 p.m.
of the designated collection day, and 216-9 of the Code
prohibits placing, depositing, leaving or dumping any waste in
the street or right-of-way without the lawful consent of the
property owner. Furthemore, commercial property owners
with private contracts are presumed that they will not place
waste out for public collection. Charter 294.3(C).
Commercial property owners either with private contracts or
those who failed to pay the user fee for public collection have
no regular public collection. Thus, placement of waste for
public collection by these property owners at the curbline or in
the street would constitute illegal dumping.
The Law Department has worked with the Department of
Street Sanitation to revise the notice sent to delinquent
commercial property owners. The notice shall inform them
that termination of City public collection will follow unless
payment of the user fee is made. It shall also notify them that
until the issue of outstanding payment is resolved, future
depositing of waste for public collection until will constitute
illegal dumping, subject to fine and other penalties. Such
illegally deposited waste may be removed by the City to
eliminate health hazards and to avoid public nuisances, but at
an additional charge to the property owner. See Code 341-3
Page 30
99-0601.txt
(property maintenance).
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 56
DOWNTOWN RENEWAL PHASE 11
DISPOSITION PARCEL 2 - NIAGARA
WEST EAGLE AND PEARL
REQUEST FOR APPROVAL OF LDA
ERIE COUNTY
The City of Buffalo Urban Renewal Agency duly designated
Erie County 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
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. 57
REPORT OF BIDS - MAIN & LASALLE - TOP SOIL
Having asked permission to take bids and having received
bids on MAY 26, 1999 for the Main & LaSalle Revitalization
Project Phase 1Top Soil, I report the following results:
COMPANYBASE BID
Sevenson Environmental Services, Inc.$538,310
2749 Lockport Road
Niagara Falls, NY 14305
Visone Construction Inc.$724,360
79 Sheldon Ave.
Depew, NY 14043
Birch Grove LandscapingNo Bid
PO Box 117
East Aurora, NY 14052
Robert SchlossinNo Bid
429 Lapp Road
Alden, NY 14004
Scott Lawn YardNo Bid
5552 Towniine Road
Sanborn, NY 14132
CONSULTANT'S ESTIMATE $58O,OOO
I hereby certify that the foregoing is true and correct statement
of the bids received. We are accepting the base bid with no
Page 31
99-0601.txt
alternates. Therefore Sevenson Environmental Services, Inc.,
2749 Lockport Road, Niagara Falls, NY 14305 is the lowest
responsible bidder for a total of $538,310 in accordance with
the plans and specifications.
I recommend the Your Honorable Body authorize the City to
order the work on thE basis of the combined lowest,
responsible bid. Funds are available in the City Bond Fund
Account " Remediation Brownfields" #202-717-005.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated June 1, 1999, be received
and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to award a contract for Main and
LaSalle Revitalization Project Phase I - Top Soil, to Sevenson
Environmental Services, Inc., the lowest responsible bidder, in
the amount of $538,310. Funds for the project are available in
the City Bond Fund Account "Remediation Brownfields"
#202-717-005.
PASSED
AYES -11 NOES - 0
NO. 58
REPORT OF BIDS - MUNGOVAN PARK RUNNING TRACK
Having asked permission to take bids and having received
bids on MAY 25, 1999 for the Mungovan Park Running Track,
I report the following results:
COMPANYBASE BID
Birch Grove Landscaping$463,000
PO Box 117
East Aurora, NY 14052
Visone Construction, Inc.$518,000
79 Sheldon Ave.
Depew, NY 14043
Buffalo Creek Landscaping$525,000
11800 Route 20a
Wales Center, NY 14169
G.B.H. Paving Inc.$575,000
24 Willow Green Drive
Amherst, NY 14228
American Paving & Excavating Inc.No Bid
5880 Thompson Road
Clarence Center, NY
North Boston ConstructionNo Bid
7440 Boston State Road
Hamburg, NY 14075
CONSULTANT'S ESTIMATE $508,O89
I hereby certify that the foregoing is true and correct statement
of the bids received. We are accepting the base bid with no
alternates taken. Therefore Birch Grove Landscaping, PO Box
117, East Aurora, NY 14052 is the lowest responsible bid for
a total of $463,000 in accordance with the plans and
specifications.
I recommend the Your Honorable Body authorize the City to
order the work on the basis of the combined lowest,
responsible bid. Funds will be available in the 1998 1999 City
Wide Park Improvements, "South District Parks Improvement"
line of account #204-717-001.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community
Development dated June 1, 1999, be received and filed, and
That the Commissioner of Community Development be, and
he hereby is authorized to award a contract for Mungovan
Page 32
99-0601.txt
Park Running Track, to Birch Grove Landscaping, the lowest
responsible bidder, in the amount of $463,000. Funds for the
project are available in the 1998-1999 City Wide Park
Improvements, "South District Parks Improvement" line of
account #204-717-00 1.
PASSED
AYES -11 NOES - 0
NO. 59
CHANGE IN CONTRACT 91.992100
SCHOOL #62 COMMUNITY CENTER
ELECTRICAL
During the construction of the above project, certain items
that were unforeseen at the time the bids were let required
attention. Therefore, we recommend that the following
changes be made to Contract 91992100 with Tunney Electric,
Inc.
Lighting changes per DRWR SKE-1 & SK-4
and Letter Dated 4/30/99ADD$
6,186.15
Revise Electrical Service per 4/30/99
LetterDEDUCT$
2,006.S2
Total ADD$4,179.63
Contract Summary:
Original Contract Amount
$141,311.00
Change Order No.1
(This Increase)$
4,179.63
New Contract Amount
$145,490.63
Stievater and Associates, Project Architectural Consultants
have reviewed these costs. Funds for this extra work are
available in C.P.A. 203-717-502.
I recommend that Your Honorable Body authorize the
Commissioner of community Development to issue a change
order to Tunney Electric, Inc., as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 20, 1999, be received
and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 1, to
Tunney Electric, Inc., an increase in the amount of $4,179.63,
as more fully described in the above communication, for work
relating to School #62 Community Center, Contract
91992100. Funds for this project are available in C.P.A.
203-717-502.
PASSED
AYES -11 NOES - 0
NO. 60
CHANGE IN CONTRACT 91994900
ALLENDALE THEATER INTERIOR
RENOVATION - PLUMBING
During the construction of the above project, certain items
that were unforeseen at the time the bids were let required
attention. Therefore, we recommend that the following
changes be made to Contract 91994900 with MKS Plumbing:
Reconstruction Due to Heat LossADD $66.72
Projection Room SprinklerADD690.00
Sprinkler Reconstruction and TestADD1,351.25
Page 33
99-0601.txt
Total
ADD$2,107,97
Contract Summary:
Original Contract Amount$26,990.00
Change Order No.1 (This
Increase)2,107.97
New Contract Amount$29,097.97
These costs have been reviewed and approved by Foit-Albert
Associates, Project Architectural Consultants. Funds for this
extra work are available in C.P.A. 203-717-503.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a change
order to MKS Plumbing Corporation, as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 26, 1999, be received
and filed, and
That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 1, to MKS
Plumbing, an increase in the amount of $2,107.97, as more
fully described in the above communication, for work relating
to Allendale Theater Interior, Renovation, Plumbing, Contract
91994900. Funds for this project are available in C.P.A.
203-717-503.
PASSED
AYES -11 NOES - 0
NO. 61
CHANGE IN CONTRACT 91995100
ALLENDALE THEATER INTERIOR
RENOVATION - HVAC WORK
During the construction of the above project, certain items
that were unforeseen at the time the bids were let required
attention. Therefore, we recommend that the following
changes be made to Contract 91995100 with John W.
Danforth Company: Provide Louver with Backdraft Protection
ADD $220.00
Relocate Duct ADD 225.00
Total ADD $445.00
Contract Summary:
Original Contract Amount$25,129.00
Change Order No.1 (This
Increase) 445.00
New Contract Amount$25,574.00
These costs have been reviewed and approved by Foit-Albert
Associates, Project Architectural Consultants. Funds for this
extra work are available in C.P.A. 203-717-503.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a change
order to John W. Danforth Company, as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 26, 1999, be received
and filed; and
That the commissioner of Community Development be, and
he hereby is authorized to issue change order No. 1, to John
W. Danforth, an increase in the amount of $445.00, as more
fully described in the above communication, for work relating
to Allendale Theater Interior, Renovation, HVAC Work,
Contract 91995100. Funds for this project are available in
C.P.A. 203-717-503.
PASSED
AYES -11 NOES - 0
Page 34
99-0601.txt
NO. 62
CHANGE IN CONTRACT 91943600
NEW YORK STATE CLEAN WATER/
CLEAN AIR BOND ACT
BROWNFIELDS SITE EVALUATION
As environmental evaluation has proceeded with regard to the
above referenced contract for work with New York State
under the New York State Clean Water/Clean Air Bond Fund
for sites on Liberty, E. Ferry, and Kensignton Avenue, it has
become evident that costs beyond that originally
contemplated will be necessary.
Contract Summary:
Original Contract Amount$206,578
Change Order No. 130,000
Change Order No. 29,465
Change Order No. 35,551
New Contract Amount$251,594
The proposed issues have been reviewed and approved by
the Environmental Office, Division of Planning. Funds for this
extra work are available in Account No. B.F. 202-717-005.
1 recommend that your Honorable Body authorize the
Commissioner of Community Development to issue a change
order to Ecology and Environment Engineering, P.C. as set
forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated
May 25, 1999, be received and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 3, to
Ecology and Environment Engineering, P.C., an increase in
the amount of $5,551, as more fully described in the above
communication, for work relating to the New York State Clean
Water/Clean Air Bond Fund for sites on Liberty, E. Ferry and
Kensington Avenues, Contract 91943600. Funds for this
project are available in Account No. B.F. 202-717-005.
PASSED
AYES -11 NOES - 0
NO. 63
REQUEST PERMISSION TO ACQUIRE
736 & 752 MAIN STREET
I am hereby requesting that your Honorable Body direct the
Comptroller of the City of Buffalo to enter into negotiations
with the reputed owners for the purchase of the properties
known as 736 & 752 Main Street. The proper-ties are known
as the Schmidt and Vernor Building respectively and will be
used for future development.
Funds for the purchase of the property will be in a Downtown
Development Bond Account which should be available in
September.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
Department Head Name: Joseph E. Ryan
NO. 64
REQUEST FOR TRANSFER OF REAL PROPERTY TO
BUFFALO NEIGHBORHOOD REVITALIZATION
CORPORATION IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THE CITY OF BUFFALO HOME
OWNERSHIP ZONE
Page 35
99-0601.txt
PRIOR COUNCIL REFERENCE: (ITEM NO. 35, C.C.P.
12/29/98)
As this Honorable Body is well aware on October 1, 1996,
the City of Buffalo, did submit to the United States
Department of Housing and Urban Development (hereinafter
referred to as "HUD") a "Response to Notice of Funding
Availability" for Economic Development together with a HUD
Section 108 Loan Guarantee (hereinafter collectively referred
to as the "Home Owner ship Zone Grant") for the
redevelopment of the City of Buffalo's Ellicott Council District
and the construction of quality affordable single family units
together with the development of owner occupied residential
subdivisions/neighborhood.
And as this Honorable Body is further aware HUD did approve
the Home Ownership Zone Grant, on April 8, 1997 together
with making available the funding for acquisition, demolition,
infrastructure, constructioij, site development costs as well as
top provide purchase subsidies to qualified new home
purchasers. Such funds were intended to be used in
conjunction with other sources of funds and/or services to be
provided through and/or by the City of Buffalo.
And as this Honorable Body is further aware Council Item No.
3 5 (12/29/98) did approve and provide for the transfer of title
to numerous parcels of real property from the City of Buffalo
to Buffalo Neighborhood Revitalization Corporation
(hereinafter referred to as 'TNRC") for land assemblage with
the Home Ownership Zone area.
In order to assist BNRC, in conjunction with the City of Buffalo
Department of Community Development, Division of
Neighborhoods, Office of New Housing, with their joint effort
of effectively carrying out the necessary land assemblage to
provide for sufficient and appropriate residential
subdivisions/neighborhood development areas and the
construction of quality, affordable new single family housing
units in accordance with the terms and conditions of the Home
Ownership Zone Grant, it is hereby requested that parcels of
City of Buffalo Real Property, sufficient to provide a minimum
of 200 buildable lots (the "Property"), shall be transferred and
conveyed to BNRC from the City of Buffalo Real Property
inventory.
The Property shall be assembled together with other parcels
of real property acquired by BNRC in accordance with the
Home Ownership Zone Grant for proposed residential
subdivisions/neighborhood development areas. This efforts is
necessary and appropriate to avoid the problems generated
by past practice of in-fill new housing and shall provide the
impetus of gauging our overall progress not in the number of
units constructed but in the quality of the neighborhoods being
developed.
Utilizing funding allocated to BNIR-C through a n
Administrative Agreement made as of March 26, 1997 by and
between the Federal Enterprise Community of Buffalo and
BNRC, which agreement is incorporated herein by reference,
BNRC shall pay to the City of Buffalo up to One Thousand
and 00/100 Dollars 1,000.00) per buildable lot.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 27, 1999, be received
and filed; and
That the City of Buffalo transfer 200 buildable lots to the
Buffalo Neighborhood Revitalization Corporation for up to One
Thousand Dollars ($1,000.00) per buildable lot,
PASSED
Page 36
99-0601.txt
AYES -11 NOES - 0
NO. 65
REQUEST FOR TRANSFER OF REAL PROPERTY TO
BUFFALO NEIGHBORHOOD REVITALIZATION
CORPORATION
TO PROVIDE NEW HOUSING SITE FOR MCKINLEY
VOCATIONAL
HIGH SCHOOL HOME BUILDING PROJECT
Request is hereby presented to this Honorable Body for
permission to convey title to certain real property commonly
known as 660, 672 and 674 Sycamore Street (as shown on
the attached map) to Buffalo Neighborhood Revitalization
Corporation (hereinafter referred to as 4SNRC").
The property shall be held by BNRC for development in
conjunction with the Construction industry Education
Foundation McKinley Vocational High School Home Building
Project entitled "There's No Place Like Home" (see attached
information package).
This is a tremendous opportunity for the City of Buffalo to
provide a building site for a new housing unit constructed
entirely by City of Buffalo High School Students under the
direction of the Construction Industry Education Foundation.
Utilizing funding allocated to BNRC through an Administrative
Agreement made as of March 26, 1997 by and between the
Federal Enterprise Community of Buffalo and BNRC, which
agreement is incorporated herein by reference, BNRC shall
pay to the City of Buffalo to One Thousand and 00/100
Dollars ($ 1,000. 00) for the building site.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 27, 1999, be received
and filed; and
That the City of Buffalo is hereby authorized to convey title of
660, 672 and 674 Sycamore Street to the Buffalo
Neighborhood Revitalization Corporation for One Thousand
Dollars ($ 1, 000. 00) for the building site.
PASSED
AYES -11 NOES - 0
NO. 66
RESULTS OF NEGOTIATIONS
7 TENNESSEE,166.501 N SOUTH
VACANT LOT:25' X 1021
ASSESSED VALUATION: $1,600
The Department of Community Development, Division of
In-Rem Properties, has received a request from Mr. Robert
Hussar, 9 Tennessee Street, Buffalo, New York 14204, to
purchase the above captioned vacant lot. Mr. Hussar intends
to use the property for additional yard space, which is
adjacent to his property.
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, appraiser, All Points Appraisals, 4506 Abbott
Road, orchard Park, New 14127. She has estimated the
value of the property to be Three Hundred Dollars ($300),
Eleven Cents (.11) a square foot. The Division of In-Rem
Properties has investigated the sales of similar properties in
the area. Sales prices range from Twenty Cents (.20) to
Seventy Cents (.70) a square foot.
Page 37
99-0601.txt
The results of our negotiations are that Mr. Hussar has agreed
and is prepared to pay Eight Hundred Dollars ($800),
Thirty-One Cents (.31) a square foot, for this parcel. He has
also agreed to pay for the cost of the appraisal, transfer tax,
recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve the
sale of 7 Tennessee Street to Mr. Robert Hussar in the
amount of Eight Hundred Dollars ($800). 1 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. 67
RESULTS OF NEGOTIATIONS
87 WOHLERS, 202.40' N OF DODGE
VACANT LOT: 30' X 111'
ASSESSED VALUATION: $1,900
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase from
Mr. Roosevelt Woods, 85 Wohlers Avenue, Buffalo, New
York 14208, to purchase 87 Wohlers Avenue Mr. Woods
intends to use the property for extra yard space.
The Department of Community Development and the Division
of Collections have no objection to the sale. There are no
building code violations, taxes or other liens owed to the City
of Buffalo by the purchaser.
An independent appraisal of the property was conducted by
David Burnette, appraiser, Arrow Appraisal, 3790 Broadway
Street, Cheektowaga, New York 14227. He has estimated the
value of the parcel to be One Thousand Dollars ($1,000). The
Division of In-Rem Properties concurs with the appraisers
estimate of value.
The results of our negotiations are that Mr. Roosevelt Woods
has agreed and is prepared to pay One Thousand Dollars
($1,000) for this parcel. He has also agreed to pay for the cost
of the appraisal, transfer tax, recording fee's and cost of the
legal description.
I am recommending that Your Honorable Body approve the
sale of 87 Wohlers Avenue to Mr. Roosevelt Woods in the
amount of One Thousand Dollars ($1,000). 1 am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 68
SECOND CHANGE IN CONTRACT
91994800 - ALLENDALE THEATER
INTERIOR RENOVATION - GENERAL
During the construction of the above project, certain items
that were unforeseen at the time the bids were let required
attention. Therefore, we recommend that the following
changes be made to Contract 91994800 with Gianadda
Construction Corporation:
Fire Rate Projection Room$ 2,536.00
Reconstruct Rear Parapet Wall$11,287.25
Total Add$13,823.25
Contract Summary:
Original Contract Amount$279,888.00
Change Order No.15,404.85
Change Order No.2 (This
Page 38
99-0601.txt
Increase) 13,823.25
New Contract Amount$299,116.10
These costs have been reviewed and approved by Foit-Albert
Associates, Project Architectural Consultants. Funds for this
extra work are available in C.P.A. 203-717-503.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a change
order to Gianadda Construction, as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated
May 26, 1999, be received and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 2, to
Gianadda Construction Corporation, an increase in the
amount of $13,823.25, as more fully described in the above
communication, for work relating to Allendale Theater Interior,
Renovation, General, Contract 91994800. Funds for this
project are available in C.P.A. 203-717-503.
PASSED
AYES -11 NOES - 0
NO. 69
TRANSFER OF TITLE - 301 LOUISIANA
(FORMER BURA SITE OFFICE)
The Buffalo Urban Renewal Agency has approved the
transfer of BURA owed building located at 301 Louisiana
Street. It has been determined that this building is
inappropriate for redevelopment or needed for public
purposes.
The BURA Site Crew moved out of the building last year and
took occupancy in a building on East Market Street. This
building stood vacant for several months after and BURA
intended to demolish the structure.
Several months ago we received a call from the Rodent
Control Division of the Streets Department asking if they could
occupy the building as they were loosing their lease in their
current location. BURA gave their approval for them to occupy
the building shortly thereafter.
As a City Department is occupying the building we are now
requesting permission to transfer ownership of the building to
the City of Buffalo Real Estate Department for the sum of
One Dollar ($1.00) and no more.
This transfer was approved by the Buffalo Urban Renewal
Agency at their meeting of May 13, 1999.
We, therefore, recommend that the BURA owned building be
transferred to City of Buffalo Real Estate Department.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 17, 1999, be received
and filed; and
That the Buffalo Urban Renewal Agency be, and they hereby
are authorized to transfer 301 Louisiana Street to the City of
Buffalo Real Estate Division for the sum of One Dollar
($1.00).
PASSED
AYES -11 NOES - 0
FROM THE COMMISSIONER OF STREET SANITATION
NO. 70
AMENDED COMMERCIAL USER FEE LETTER
Attached is the amended Commercial User Fee Letter as
per your request of May 25, 1999.
Page 39
99-0601.txt
REFERRED TO THE COMMITTEE ON FINANCE
NO. 71
REQUEST FOR PERMIT TO COLLECT REFUSE
AND GARBAGE IN THE CITY OF BUFFALO
Battaglia Trucking, Inc., 631 Bullis Road, Elma, New York
14059 has made an application for a permit to collect and
haul refuse and garbage in the City of Buffalo, New York.
This is a small business and I have no objections to your
approval for this request.
Attached is their application for the permit.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 72
VARIOUS REPORTS PILOT TOTE COLLECTION
PROGRAM ETC
Please letter following serve as a summary response to the
issues raised by the Common Council in its May 7, 1999 letter
to the Department of Street Sanitation.
1.Please see attached rodent report prepared by Chief
Exterminator, Frank Poincelot.
2.Upon review of the weights from pilot tote collection
program, we have found that the average weight per truck has
been 12 tons. This varies from a low of approximately 10 tons
to a high of nearly 15 tons. Weather and time of year always
plays a role in waste generation rates. The average of 12 tons
was calculated based on weights from July, 1998 to present.
3.The expiration date of the City's tire disposal contract with
Huron Recovery is June, 2000~
4.Please see attached copy of report detailing the equipment
and labor used in refuse and recycling collection services.
In addition, attached is a copy of the transfer station recycling
figures as requested by the Council.
If you should have any further questions, or need additional
information, please contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 73
APPT. EQUIPMENT OPERATOR PERMANENT MAX
Appointment effective in the Department of Street Sanitation
to the Position of Permanent Equipment Operator, Permanent
Appointment at the Maximum of $28,425
Thomas Weimer, 221 Brookside-Drive,Buffalo New York
14220
Alan Majewski, 215 Vanderbilt, Buffalo, NY 14206
William Deschenes, 98 Laurentian Drive, Cheektawaga, NY
14225
William E. Yohn, 6672 Presott Drive, Derby, N.Y. 14047
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 74
"AUDIT-A&F-PKG. ENFORCEMENT-AUTO
IMPOUND"
ITEM #8, C.C.P. 5/18/99
General Response
We wish to thank the Comptroller and Audit staff for their time
and effort in identifying and resolving issues at the impound.
As noted by the Comptroller in the cover page of the audit, all
cash receiving recommendations were implemented at the
former auto impound (Tonawanda Street) and have been
transferred to the new auto impound (Dart Street); in addition,
Page 40
99-0601.txt
all operational recommendations have been implemented at
Dart Street. We have reviewed the auction-related
recommendations with Division of Audit staff and are well
along in making many of the recommended changes.
Specific Responses
Below are detailed responses to each
finding/recommendation made by the Division of Audit. I
would be happy to discuss any or all of them further should
your Honorable Body so desire.
Cash Receipts
The following recommendations have been implemented:
Daily deposits are now being made by either the
Superintendent of the Impound, PVB staff or the Director of
PVB.
Daily receipts, start up cash and petty cash are separated.
New safe bought and relocated to Dart Street.
Receiving and recording of monies is done by different
employees; audit has signed off on the procedure.
Overages, shortages and refunds are properly accounted for.
Voided receipts are kept and recorded; audit is checking this
procedure every 2 weeks.
Towing and storage charges are posted conspicuously.
Sales to the BSA or BMHA are recorded.
Cash register is being used.
Towing Operations
The following recommendations have been implemented:
Driver logs have been revised to include mileage and time
used for each tow; drivers are completing logs each shift.
Logs are reconciled by the Superintendent.
The following recommendation needs to be implemented by
Data Processing (and may have by this point):
Deletion of tow records only by Superintendent.
Auction of Vehicles
The following recommendations have been implemented:
"Flagging" and auctioneering are done by different individuals.
No PVB employee may directly bid at auction.
Weekly listings of auction results are retained.
The following recommendations are being
reviewed/considered:
Refuse to allow successful bidders to remove vehicles until
payment is made. There was only one serious instance of a
problem with this; we are looking into whether interest and
penalties might be charged as an alternative where the bidder
is a regular customer. Otherwise we will implement as
recommended.
Raise minimum bid price to $82.
Advertise auctions beyond the City limits. Interest at auction is
more often a function of the prices in the scrap market; when
scrap prices are high, we see more bidders from father away.
Make more vehicles available for sale at auctions. The
number of vehicles on "police hold" has grown and affects the
volume at auctions; the potential relocation of the Auto Theft
Squad to the impound (see below) may correct this.
Petty Cash
All recommendations implemented.
Payroll
All recommendations implemented.
Recommendations for General Services
We defer to the Department of General Services on these
recommendations and are willing to help in any way we can.
General Recommendations
The following recommendations have been implemented at
the new impound location. They were not possible at the
Page 41
99-0601.txt
former impound site:
Access to the impound is restricted; security systems are in
place.
24 hour staffing is in place.
There is a separate teller area.
There is a separate, fenced-in auction area.
BPD notified of all tows.
The following recommendations are being
reviewed/considered/awaiting other parties' decisions:
Inventory of Vehicles. We are very supportive of audit doing
an inventory of vehicles at any time
Move Auto Theft Squad. We are in favor of this idea, but will
also defer to the Police Department for comment.
\Hire an insurance agent to identify
unrecognizable vehicles. This will be considered.
I trust this answers your question; I would be happy to discuss
the issue further at your Honorable Body's convenience.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 75
"AUDIT-A&F-PKG. ENFORCEMENT-PARKING METERS"
ITEM #9, C.C.P. 5/18/99
General Response
We wish to thank the Comptroller and Audit staff for their time
and effort in identifying and resolving issues related to parking
meter collection.
As noted by the Comptroller in the cover page of the audit,
much progress has been made in this function over the last
year or so; I wish to commend all the employees that worked
so hard to achieve that progress, in particular Director Len
Sciolino.
We have no specific comment on the audit at this time, but
would be happy to discuss any of the issues further at your
Honorable Body's convenience.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 76
REQUEST ADMINISTRATION & FINANCE
STUDY PERMIT FEE STRUCTURE"
ITEM #117, C.C.P. 5/18/99
The Departments of Public Works and Community
Development, as members of tile Regulatory Reform
Committee of the Buffalo Development Council, sponsored by
the Buffalo Niagara Partnership, have been working on an
analysis of permit fees along with the overall permit process
and will present their final findings and recommendations
shortly. I believe that one of the first recommendations will be
a short term review of pen-nit fees relative to other
municipalities in the area and to the work involved in
producing the permit. The Department of Administration and
Finance will participate in that review; I believe this would be
the easiest way to accomplish what the Councilmember
intend.
At the same time, I must caution that merely lowering fees for
service without at the same time lowering the City's cost of
producing that service will only serve to increase the costs
borne by the taxpayer, as fee revenue offsets our need for
property tax revenue. We must re engineer our process to
lower the costs in order to lower the fee. I will be asking the
Regulatory Reform Committee to include this in its work.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON FINANCE
Page 42
99-0601.txt
NO. 77
CITY OF BUFFALO AND AFSCME LOCAL 650
TAYLOR LAW COMMITTEE
Please file this communication with the Common Council. I
provide the following information requested by the Taylor Law
Committee at its meeting on May 13, 1999:
Total medical insurance contracts - active employees
(May 1999):3,129
Annual cost: $13,008,962
Total medical insurance contracts - retired employees
(May 1999):2,847
Annual cost: $12,600,018
The total cost of annual salaries for Local 650 provided in the
Mayor's
recommendations on the Factfinder's report - $21,829,507 - is
the cost of allocated positions in the general and enterprise
funds. This figure covers salaries only. The actual total cost of
benefits which would be affected by any percentage salary
increase is $22,557,288, which includes salaries in the general
and enterprise funds, overtime, in-lieu
of summer hours payments, and holiday pay.
In addition, the cost of providing medical insurance to Local
650 members continues to increase. The cost of medical
insurance for Local 650 did decrease temporarily after
changes negotiated in the 1995-98 contract with the City
providing the two lowest-cost insurance plans at no cost to
employees. The cost of medical insurance in July 1995 was
$1,883,054.60, and in July 1996 was $1,647,576.90.
However, that savings" was countered by salary increases
and alary upgrades in that agreement. And since that time,
those savings have evaporated. As of May 1999, the cost of
medical insurance for Local 650 members is $1,837,820.34,
essentially equivalent to the 1995
total. Based on guaranteed rates from the providers, that
figure will increase to $2,110,118.28 from July 1999 to June
2000, up $247,063.68 from July 1995, and up $462,541.38
from July 1996.
If you require anything further, please feel free to contact me.
REFERRED TO THE COMMITTEE ON TAYLOR LAW
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 78
AUDIT-HSPR - GOLF FEES
ITEM NO. 10, C.C.P. 5/18/99
We have reviewed the Golf Audit and generally agree with
its conclusions listed in the Summary.
We appreciate the efforts of the Comptroller's staff in helping
out Department establish a computer driven software
package that makes revenue tracking and other statistics
readily available.
TO THE COMMITTEE ON FINANCE
NO. 79
"B. GRAY - J. KREGG- INFO. ON EMPLOYMENT"
ITEM NO. 76, C.C.P. 5/18/99
I have reviewed the information presented in Item No. 76, May
18, 1999;
"B. Gray - J. Kregg -Info. on Employmenf'
Mr. Kregg entered service with the Department of Human
Services, Parks and Recreation as a Laborer 11 (Seasonal)
on April 17, 1995.
Page 43
99-0601.txt
Below is his complete employment history.
Entered service:4-17-95 Layed off 9-29-95
Laborer 11 (seas.)
Reinstated:10-2--95 Layed off 3-17-96
Laborer 11 (seas.)
Reinstated:4-1-96 Layed off 4-1-98
Laborer 11 (seas.)
Reinstated:4-16-98
Appointed:7-13-98 terminated 3-6-99
Laborer (temp.)
Mr. Kregg's employment record shows that the only title(s)
held by him were Laborer II positions which are
non-competitive. As a seasonal and/or temporary Laborer, he
works at the pleasure of the Commissioner and can be
terminated without cause.
I would be happy to meet with any Councilmember, in private,
to discuss Mr. Kregg's termination. Personnel matters of a
specific nature cannot be discussed on the floor of the
Council.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF GENERAL SERVICES
NO. 80
REPLY TO REQUIRE ALL CITY DEPARTMENTS
PROVIDE INFORMATION
ON CITY OWNED VEHICLES
ITEM NO. 114 C. C.P. MAY 18, 1999
In response to your request for comments and
recommendations to the aforementioned resolution, be
advised that the following will serve as background. The
Mayor's Office, the Comptroller and the Office of General
Services has been engaged in the process since March 1999.
The Office of General Services has secured information
relating to the identification of City owned vehicles and have
requested the Department Heads accurate records of persons
assigned to the vehicles. Mayor Masiello has outlined the
duties of Department Heads in respect to the administrative
policy and the accountability of vehicles within departments.
The Comptroller's Office is currently matching the information
forwarded to them from the Office of General Services to
complete an accurate record of the number of vehicles
assigned to each Department, the number of personal
vehicles assigned as "take home" and verify that all vehicles
are appropriately marked with the City of Buffalo decal.
This information is voluminous, given that it includes Police,
Fire Streets, Parks, Public Works and other Departments.
Currently, we are cross checking "gas key" information with
social security numbers to determine where the vehicle is
assigned.
I would beg your indulgence in this argues process. We are
working diligently to resolve this matter in light of staff
shortages and other restraints. Upon completion of this
project, I will forward a copy of the report and its' findings.
You can be assured that Mayor Masiello, Comptroller
Giambra and myself share your interest and support your
initiative to bring clarity to this situation.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CIVIL SERVICE COMMISSION
NO. 81
CANDIDATES REMAINING ON ELIGIBLE LIST FOR
FIREFIGHTER
In response to your inquiry regarding the number of
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remaining candidates on the current eligible list for Firefighter,
please be advised as follows:
We have been informed by the Buffalo Fire Department of
their intention to create forty new Firefighter positions with an
anticipated appointment date in September, 1999.
At this time, there are approximately 105 minority and 7
female candidates remaining within Band C. This is a more
than sufficient number of minority candidates available for
processing. However, in regard to female candidates, should
the 7 in Band C not be a sufficient number, there are
approximately 30 additional female candidates in the next
band, Band D, should it be required.
Therefore, there appears to be more than a sufficient number
of candidates to comply with the Federal Court's affirmative
action order should another recruit class be appointed from
the current list.
Please be further advised that the eligible list will expire as a
matter of law on October 11, 1999, and cannot be extended.
As you are aware, the new examination for Firefighter is
scheduled for November 6, 1999.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 82
"POLICE CAPTAIN EXAM"
ITEM #132 CCP MAY 18,1999
This office is in receipt of a resolution from Dennis T.
Manley, relative to the Police Captain examination.
Please be advised as follows-
The Police Captain's eligible list was adopted on February 25,
1998. No appointments have been made from the current
eligible list for Police Captain.
The former Police Commissioner wanted to keep his current
police force abreast of new legislation and laws, therefore, he
felt that a two-year list would keep them alert to these
changes. The Buffalo Police Department, Civil Service
Commission, and Police Benevolent Association agreed to
this request.
The Civil Service Commission has scheduled a new
examination, which will be administered on September 18,
1999. The current eligible list will expire on February 25, 2000,
and the new eligible list will be adopted after this date.
Costs for this examination will be as follows:
The filing fee for said application will be $10.00.
-Civil Service Commission pays the New York
State Department of Civil Service $5.00 per
candidate.
- Rental of schools - no fee for small exams.
-Outside monitors: $7.00 per hour (number of
monitors depends on number of candidates;
i.e., 200 candidates would require
approximately 25-30 monitors).
- Overtime for Civil Service Commission staff.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO. 83
MAYOR REPORTED OUT OF STATE
I transmit herewith communications received by me from
the Mayor, reporting his absence from the state from 10:09
a.m. on Monday, May 24, 1999 until 4:00 p. m., Thursday,
May 27, 1999.
RECEIVED AND FILED
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NO. 84
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying
for liquor licenses from the Erie County Alcohol Beverage
Control Board.
AddressBusiness NameOwner's Name
642 Walden Helen BrinkmanHelen Brinkman
328 Newfield The RoadhouseThomas Quinn
3205 Bailey Bailey Bar & Rest. Kenneth Reyfroe
2163 Seneca 2163 Seneca st.George E. Kellogg
RECEIVED AND FILED
NO. 85
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
Comptroller- James Sequin
Public Works- Paul Kujawski
Police- Cariol Horne, Brian Winnie,
Street Sanitation- Alan Majewski, William Deschenes
Administration and Finance- Joyce Quakenbush
Human Services, Parks/Recreation- Deidre Cotter
RECEIVED AND FILED.
NO. 86
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:
City Planning Board
RECEIVED AND FILED.
NO. 87
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: May 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 per hr.
Gabriel Schmidbauer,171 Lisbon Avenue , Buffalo, NY 14214
Appointment Effective: May 24, 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.
Erica A. Harris, 98 Bryant St. # 11, Buffalo, NY 14209
Appointment Effective: May 24, 1999 in the Department of
Common Council to the Position of Intern I Seasonal
Non-Competitive at the Flat Starting Salary of $7.00 per hr.
Yasin Mohammed, 400 Elmwood Ave. #218, Buffalo, NY
14222
NO. 88
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 in the Department of Mayor's Office,
Division of Mayor's Summer Youth & Intern Program to the
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Position of Intern V,Seasonal, Non Competitive at the Flat
Starting Salary of $8.00
Sean Kelly, 253 Heath St.,Buffalo, N.Y. 14214
NO. 89
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.
DEPARTMENT OF ASSESSMENT
Appointment Effective in the Department of Assessment to
the Position of Clerk, Seasonal Non-Competitive at the Flat
Starting Salary $5.20 / Hr.
Patricia A. Baudo, 30 Cunard Road, Buffalo, NY 14216
Joseph M. Baudo, 30 Cunard Road, Buffalo, NY 14216
DEPARTMENT OF
HUMAN SERVICES
Appointment Effective May 28, 1999 in the Department of
Human Services Division of Parks to the Position of Laborer
II, Seasonal Non-Competitive at the Flat Starting Salary $6.92
/ Hr.
Louis Cordona Jr., 239 West Avenue, Buffalo, NY 14201
Appointment Effective May 19, 1999 in the Department of
Human Services Division of Recreation to the Position of
Laborer II, Seasonal Non-Competitive at the Flat Starting
Salary $6.92 / Hr.
Louis Dingeldey 48 Sage, Buffalo 14210
Corey Krug, 153 Shenandoah, Buffalo 14220
Jose Ramirez, 37 Herkimer, Buffalo 14201
Appointment Effective May 24, 1999 in the Department of
Human Services Division of Recreation to the Position of
Laborer II, Seasonal Non-Competitive at the Flat Starting
Salary $6.92 / Hr.
Anthony Figuera, 24 Covington, Buffalo, NY 14216
Appointment Effective May 17, 1999 in the Department of
Human Services Division of Recreation to the Position of
Laborer II, Seasonal Non-Competitive at the Flat Starting
Salary $6.92 / Hr.
Steven Alvarez, 519 South Legion, Buffalo, NY 14220
Joseph McMahon, 81 Briggs St, Buffalo, NY 14207
Kevin murphy, 21 Turner st, Buffalo, NY 14220
Melissa Smith, 239 Wallace St, Buffalo, NY 14216
DEPARTMENT OF
STREET
SANITATION
Appointment Effective May 24, 1999 in the Department of
Street Sanitation to the Position of Laborer II, Seasonal
Non-Competitive at the Flat Starting Salary $6.92 / Hr.
Shaun T. Daugherty, 150 Sidway, Buffalo, NY 14210
DEPARTMENT OF STADIUM AND AUD
Appointment Effective: 5/17/99in the Department of
61-Stadium andAuditorium, Division of 1-North
AmeriCare Park
to the Position of Laborer I, Seasonal Non-Competitive at the
Flat Starting Salary of: $6.22/hr
Darren Ross, 190 Manhattan Ave., Apt.#5, Buffalo, 14215
DEPARTMENT OF STREET SANITATION
Appointment effective May 24, 1999 in the Department of
Street Sanitation to the Position of Seasonal Laboreer II
At the flat Starting Salary of 6.92/hour
Jeffrey M. Conrad, 128 Harding Road,Buffalo, NY 14220
Ricky E. Jenkins, 286 Reed St, Buffalo, NY 14211
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Matthew Frank, 184 University Avenue, Buffalo, NY 14214
Willis Jones, Jr, 127 Davidson St, Buffalo, NY 14215
Appointment effective May 17, 1999 in the Department of
Street Sanitation to the Position of Seasonal Laboreer II
At the flat Starting Salary of 6.92/hour
Kristie G. Sokolowski, 71 Ashley, Buffalo, NY 14212
Appointment effective May 14, 1999 in the Department of
Street Sanitation to the Position of Seasonal Laboreer II
At the flat Starting Salary of 6.92/hour
Kirkland S. Truitt, Sr., 18 Loepere St, Buffalo, NY 14212
Appointment effective May 13, 1999 in the Department of
Street Sanitation to the Position of Seasonal Laboreer II
At the flat Starting Salary of 6.92/hour
Patrick Craighead, 105 Loepere(rear), Buffalo, NY 14212
Appointment effective May 17, 1999 in the Department of
Street Sanitation to the Position of Seasonal Laboreer I
At the flat Starting Salary of 6.00/hour
Louis Carey, 136 Avery Avenue, Buffalo, NY 14216
NO. 90
NOTICES OF APPOINTMENT TEMPORARY,
PROVISIONAL, PERM
I transmit herewith Appointments in the various departments
made at the minimum(Temporary, Provisional Permanent)
and for Appointments at the Maximum( as per contract
requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
DEPARTMENT OF
HUMAN SERVICES
Appointment Effective May 17, 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/hr
Margaret Danieu, 19 Portland, Buffalo 14220
Rose Aquilina, 145 Dorchester, Buffalo 14213
Deloris Helson, 53 Moselle, Buffalo 14211
Ginger Abramowski, 338 Goodyear, Buffalo 14211
Tina Sanders, 355 Koons, Buffalo 14211
DEPARTMENT OF
PUBLIC WORKS
Appointment Effective May 27, 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/PER HR
Timothy D. Devany, 79 Marine Drive, Apt. 8B, Buffalo 14202
Appointment Effective:May 17, 1999, in the
Department of
Public Works, Division of Buildings to the Position of
Sincerely, Senior First Class Stationary Engineer
Temporary Appointment at the: Flat Starting Salary of 10.25
Richard M. Veroba, 24 Lester Street, Buffalo 14210
Appointment effective May 17, 2000 to the Position of: Public
Safety Dispatcher, Contingent Permanent Appointment
at the Minimum Starting Salary of: $ 25,146
Amy N. Misztal, 21 Layer Avenue, Buffalo, New York 14207
Appointment EffectiveMay 17, 1999, in the
Department ofPublic Works to the Position of Street
Repair Worker Pemanent
Non-Competitive at the minimum Starting Salary of
$23,622.00
William Crapo, 574 Marilla St. , Buffalo, NY 14220
NON OFFICIAL COMMUNICATIONS, PETITIONS AND
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REMONSTRANCES
NON OFFICIAL COMMUNICATIONS
NO. 91
S. BELTON INFO GLOBAL WARNING
We are local elected officials who feel that the time is right
for city, county, town and parish leaders to speak out about
the impact of global warming and to ask the federal
government to take leadership on this problem.
Local governments have directly experienced the increase in
floods, heat waves, and other extreme weather events that
scientists have predicted as impacts of global warming.
The damage to local communities has caused economic and
human losses that FEMA and other disaster funds cannot
begin to cover.
We invite you to join us in taking action:
First, sign the attached statement.
It will be forwarded to the White House and Congressional
leaders.
Second, act to reduce local global warming emissions.
Use the enclosed guide, Ten Things Local Governments Can
Do to Cut Global Warming Pollution, to get ideas on how your
community can save money, clean the air and cut traffic by
reducing greenhouse gas pollution.
Third, as our local governments have, join the Cities for
Climate Protection Campaign.
Information is included at the end of the guide.
Thank you for considering this request and joining with us to
speak out on one of the most serious threats to the well-being
of our communities. Questions regarding this effort can be
directed to Brandon MacGillis of Ozone Action at (202)
265-6738.
Please add your signature to ours on the Mayor and Local
Official Statement. A fax-back form is printed on the reverse
of the statement for your convenience.
RECEIVED AND FILED
NO. 92
OPERATING BUDGET BFLO NEIGHBORING NETWORK
Please find enclosed the operating budget for Buffalo
Neigborhood Network in fulfillment of our Service Agreement
with the City of Buffalo.
REFERRED TO THE COMMITTEE ON
TELECOMMUNICATIONS AND THE OFFICE OF
TELECOMMUNICATION
NO. 93
RESIGNATION MEMBER BD STAD & AUD
Attached letter from Andrew Divincenzi resigning.
RECEIVED AND FILED
NO. 94
SUPPORT DIFF IN PAY KOSOVO CRISIS
Currently in Local 650's contract under Article 9- Leave of
Absence With Pay, Section 9.2-Military Training Programs we
have a provision for any permanent employee who is a
member of the reserve forces of the United States or of the
State of New York, and who is ordered by the appropriate
authorities to attend a training program or perform other duties
under the supervision of the United States or the State of New
York, shall be granted a leave of absence with pay for a
period not to exceed thirty days annually during such service.
Local 650 would support Councilmember Fontana's resolution
which would provide a difference in pay for up to six months to
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those employees who have been activated as a result of the
Kosovo crisis. In fact we would like to see the difference of
pay provision be established for the duration of the crisis in
Kosovo and not limited to six months. This resolution would
help the city employees who are members of Local 650
support their family's here in Buffalo.
If you have any further questions please contact me at 851
-5292.
Very truly yours,
John Grieco
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 95
RESP TAYLOR LAW MEETING CITY VS UNION
CONTRACT
On May 13, 1999, the Taylor Law Impasse committee met
with the Union and the City, whereby questions were raised by
some of the committee members pertaining to issues and
information the Union and the City presented. We are
providing the following, in answer to your request for
information on specific issues that the Union presented.
The City of Buffalo used an amount of $21,829,507 in their
calculations. This figure represents allocated funds of
$20,608,559 from the general fund and $1,220,948 from the
enterprise fund. The enterprise fund is for water employees
salaries and benefits which are fully reimbursed by American
Anglian, therefore, any increases to salaries and/or benefits
will be fully reimbursed to the City. The Union's figure of
$20,071,970 is salaries paid out to Local 650 members.
Local 650's brief to Factfinder Margery Gootnik was filed on
April 28, 1999 with the City Clerk's office which became part
of the Common Council proceedings on May 4,1999.
REFERRED TO THE C0MMITTEE ON TAYLOR LAW
NO. 96
RESIGNATION MEMBER CHARTER REVISION
It is with regret that I announce my resignation from the City
of Buffalo Charter Revision Commission.
As you are aware we sold our business interests in Buffalo
and Syracuse to a Company in Pittsburgh. It became aware
to me, and others within our organization, that Buffalo, New
York was not a place to grow a business, and thus a decision
was made to sell a larger, out of state company.
My duties with the new management team have changed and
do not allow me to attend any of the Thursday morning
meetings.
I truly enjoyed -working with you and all of the members of the
Commission during the past year. I think we were able to
accomplish many things, and I can only hope that things,
begin to improve in the City of Buffalo very soon.
I thank you for the opportunity to help.
Gary P. Hess
RECEIVED AND FILED
NO. 97
CONCERNS WATERMAIN BREAK
I am writing to you in hopes that you can help me and the
City of Buffalo Residents. Recently I have discovered the
Homeowner is responsible for any water line break that not
only is on your property but exceeds that boundary, i.e. from
the curb to the STREET out to the main connection in the
middle of that STREET. I along with many other City
Residence that I have spoke to all agree that this LAW IS
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UNFAIR.. Since our problem started I have talked to several
neighbors in the Lovejoy district that they also have had
problems. This problem is only going to esculate for the
residents of Buffalo. Why should the homeowner be
responsible for the STREET, we cannot control what happens
under ground. These pipes are very old and are in much need
of repair. When these lines were installed the traffic was not
as heavy, we didn't have large trucks coming down the
streets. Take for example what happened on Thanksgiving
when a main line broke on the East Side, this caused
homeowners to be very frustrated on a holiday, they also had
complained, nobody listened. What was the City thinking
when this law changed?
If I am responsible for this waterline in the street then I should
be able dig up the street myself and not have to pay a
licensed plumber and pay the city for a permit, I should be
able to park in front of my house with out worrying about
alternate parking, I should be able to cut down the tree in front
of my house that the City planted if the roots are destroying
the sewer. But I can't do any of these things without the City's
permission, so again I am asking WHY is the homeowner
responsible for fixing the street underground?.
I have always supported the City of Buffalo and came to its
defense when others had put it down. I have lived in the City
all of my life, my father worked for the City as Superintendent
for the Sanitation Department. I have considered Buffalo to be
my home and never considered moving until now I can't afford
to keep paying out the extravagant amount of money to have
the street underground repaired. I have talked to many others
who live outside the City and was told they are only
responsible for their property to the curb, after that it is up to
the town and Erie County.
IF THE CITY WANTS TO KEEP PEOPLE AND BRING
PEOPLE BACK TO The CITY, THEN THE CITY SHOULD
START WORKING FOR THE PEOPLE.
Please keep me informed on the status of this problem and if
there is anything else that I as a taxpayer and concerned
resident can do to expedite this problem. Your cooperation is
greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE COMMISSIONER
OF PUBLIC WORKS
NO. 98
NON FILTERING OF INTERNET IN LIBRARIES
Attached correspondence from Tami Lavole
REFERRED TO THE BOARD OF TRUSTEES LIBRARY
NO. 99
W. CHARTER REVISION COMMISSION
RECOMMENDATION FOR
AMENDMENT OF SECTIONS 461 AND 476 OF THE CITY
CHARTER
Enclosed are copies of: (1) a letter to the Charter Revision
Commission from Comptroller Giambra, dated March 25,
1999, proposing an amendment of Sections 461 and 476 of
the City Charter to permit a reduction in the cost of
administering the old City Police and Fire Pension Funds while
maintaining compliance with Generally Accepted Accounting
Standards; and (2) a letter from City Accountant Pajak, City
Treasurer Seaman, and City Clerk Michaux, dated May 20,
1999, requesting the Commission to recommend the
proposed Charter amendments for immediate passage at
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your next regularly scheduled meeting.
At a meeting on May 20, the Commission determined by
unanimous vote to recommend these Charter amendments
for immediate passage at your next regularly scheduled
meeting.
Thank you very much for your consideration of this request.
Respectfully yours,
REFERED TO THE COUNCIL PRESIDENT
NO. 100
INFO ELIMINATE OF SALES TAX IN ERIE CO
I am in receipt of the resolution adopted by the Common
Council of the City of Buffalo, regarding the elimination of
sales tax on clothing and shoes in Eric County.
I applaud the Council's judgement on this issue. The
opportunity we have to strengthen our local economy is one
that should not be overlooked. The Erie County Legislature
Minority wholeheartedly agrees with your position.
Thank you for your continued interest and support for this
issue. As always, if there i anything I can do to assist you,
please feel free to call me.
Yours truly
Frederick J. Marshall
Minority Leader
13th District
RECEIVED AND FILED
NO. 101
RECONSTRUCTION OF ROUTE 16, REPLACEMENT OF
3 BRIDGES: SENECA, HAMBURG & EXCHANGE
STREETS/CONRAIL AND 1-190 NB RAMP, BUFFALO
The completed work on this contract was accepted by this
department on March 26, 1999.
The maintenance responsibilities for those features indicated
on the attached contract plan sheet are hereby turned over to
your agency.
Very truly yours,
R. J. RUSSELL
REGIONAL DIRECTOR
RECEIVED AND FILED
NO. 102
DIFFERENCE IN PAY FOR CITY EMPLOYEES KOSOVO
CRISIS
#118 CCP MAY 18, 1999
AFSCME Local 264 is in full support of this resolution.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 103
REQUEST PERMISSION TO HANG BANNER-ELMWOOD
Dear Mr. Michaux:
The Allentown Association Inc. requests permission to hang a
banner across Elmwood Avenue, from the first light
standard north of Allen Street on the East Side of Elmwood
Avenue, from June through October 1999. (We have obtained
permission from the owner of I 10 Elmwood Avenue, the
privately-owned property on the west side of Elmwood from
which the other end of the banner will be strung.)
The banner will promote summer and early Fall events
designed to promote the Allen/Elmwood neighborhoods.
Please be assured that we will comply with all applicable
requirements as imposed by the Department of Public Works.
Thanks for your assistance. Please contact our office if there
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is any question or need for additional information.
Jonathan L. White
RECEIVED AND FILED
PETITIONS
NO. 104
R. DEPASQUALE9 AGENT, PETITION TO USE 153
ELMWOOD FOR AN OUTDOOR CAFE
REFERRED TO COMMITTEE ON LEGISLATION, THE CITY
PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY
DEVELOPMENT.
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 105
APPOINTMENT
BATTALION CHIEF MOGAVERO FIRE
That Communication 44, May 18, 1999 be received and
filed and the Permanent appointment of John Mogavero, at
the Flat salary of $61,082.00 effective on May 10, 1999 is
hereby approved.
PASSED
AYES -11 NOES - 0
NO. 106
APPOINTMENT
BATTALION CHIEF
That Communication 45, May 18, 1999 be received and
filed and the Permanent Contingent appointment of Patrick
Britzzalaro at the Flat salary of $61,082.00 effective on May
10, 1999 is hereby approved.
PASSED
AYES -11 NOES - 0
NO. 107
APPOINTMENT
COMMUNICATION ELECTRICIAN
That Communication 46, May 18, 1999 be received and
filed and the Promotion appointment of Ronald Brier at the
salary of $28,526.00 effective on May 10, 1999 is hereby
approved.
PASSED
AYES -11 NOES - 0
NO. 108
CANDIDATES REMAINING ON ELIGIBLE LIST FOR
FIREFIGHTERS (CS)
(ITEM NO. 62 C. C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 109
APPEAL NYS CIV. SV'S RULING SEPT. DEPTS. BD. OF
ED., ETC. (CS)
(ITEM NO. 75 C.C.P. APRIL 20, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 110
NYS CIV. SVS RULING (CC)
(ITEM NO. 5 0 C. C. P. APRIL 20, 1999)
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That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 111
NYS CIVIL SERVICE RULING (BSA)
(ITEM NO. 50 C. C.P. MAY 4, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 112
INFO. -P. MCLAUGHLIN-ASSESSOR TRAINEE EXAM
(LAW)
(ITEM NO. 74 C.C.P. APRIL 20, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 113
NOTICE OF APPTS. -TEMP. /PROV. /PERM. (ITEM NO. 73
C.C.P. MAY 18, 1999)
Mrs. Gray moved that the above item is hereby recommitted
to the Committee on Civil Service
ADOPTED
FINANCE
DAVID A. FRANCZYK, CHAIRMAN
NO. 114
WAIVE SPECIAL EVENTS FOR THE GREATER BUFFALO
ITALIAN HERITAGE & FOOD FESTIVAL
(ITEM NO. 140, C.C.P., NOV. 4, 1998)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Franczyk moved:
That this Common Council waive the police crowd control
special events permit fee for the Italian Heritage and Food
Festival for the years 1997 and 1998 in the amount of $3,000
for each year.
PASSED
AYES -11 NOES - 0
NO. 115
WAIVE FEES CAZENOVIA PARK EVENTS COMMITTEE
(ITEM NO. 133, C.C.P., MAY 18, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Franczyk moved:
That this Common Council waives all fees associated with the
Cazenovia Park Events Committee's series of events
throughout the 1999 year.
Permits still must be applied for from the City in connection
with the Cazenovia Park Events Committee series of events.
PASSED
AYES -11 NOES - 0
NO. 116
SPECIAL EVENT SCHEDULE
(ITEM NO. 11, C.C.P., DEC. 15, 1998)
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 and the same is hereby received and
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filed.
ADOPTED
NO. 117
SECURITY FEE
(ITEM NO. 6, C.C.P., MAY 4, 1999)
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 and the same is hereby received and
filed.
ADOPTED
NO. 118
F. PRATCHER - MUHARNMADS MOSQUE #23-5 & 17
WALDEN-REQ. REF-TAXES ON PROP.
(ITEM NO. 57 C.C.P. MAY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 119
MUHAMMADS MOSQUE #23-5& 17 WALDEN-REQ.
REF-TAXES ON PROP.
(ITEM NO. 45 C. C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 120
RESULTS OF NEGOTIATIONS - 225 GOODYEAR
(ITEM NO. 55, C.C.P., MAY 18, 1999)
That the offer from Mr. Jeffrey Lewis, residing at 229
Goodyear Street, in the sum of Eight Hundred Fifty Dollars
($850.00) for the sale of 225 Goodyear, be and hereby is
accepted, and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser;
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 -11 NOES - 0
NO. 121
ACQUISITION OF 223 FOUGERON
(ITEM NO. 8, C.C.P., MAY 4, 1999)
That the Comptroller be, and he hereby is authorized to
acquire 223 Fougeron from Ronald H. Moore, 233 Fougeron
in the amount of Twenty-Five Thousand Dollars ($25,000.00)
available in the Community Development Block Grant
Account 499-40203-, and
That the Corporation Counsel be authorized to prepare the
necessary documents for acquisition of the property and that
the Mayor be authorized to execute the same.
PASSED
AYES -11 NOES - 0
NO. 122
1999 GREATER BUFFALO ITALIAN HERITAGE AND
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FOOD FESTIVAL
(ITEM NO. 143, C.C.P., MAY 4, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Franczyk moved:
That the North Buffalo Community Development Corporation,
Hertel-North Buffalo Business Association, Inc., and the West
Side Business and Taxpayers Assn., Inc., are hereby granted
permission to jointly conduct the 1999 Greater Buffalo Italian
Heritage and Food Festival subject to the following conditions,
and
A)The festival shall be conducted on Hertel Avenue
from July 14 through July 18, 1999, between the hours of
10:00 a.m. and 10:00 p.m. with Monday, July 12 from 6:00
p.m. and Tuesday, July 13 to be used only as set-up days,
and Monday, July 19, 1999 to be used only as a breakdown
day with traffic to recommence by noon of that day;
B)Hertel Avenue, between Crestwood and Tennyson
Avenues, shall be closed to vehicular and bicycle traffic, and
dogs other animals shall also be prohibited, during the festival.
In addition, cross streets bounded by Colvin, Linden,
Delaware and Tacoma Avenues, including those boundary
streets shall be part of the festival area subject to its rules and
regulation. Permittees, with the cooperation of and at the
direction of the Police Department will furnish and locate
barriers to be placed at the beginning time of the festival and
to be removed at the end of the festival,
C) That the city-owned residential area parking lot, located
behind 1180Hertel, shall be closed to general use and shall be
reserved solely for those residents of Hertel Avenue residing
within the festival area, and this restriction shall be enforced
strictly by the city and festival committee,
D) That the festival committee be, and hereby is, authorized
to erect appropriate banners and fittings on street lamp posts
on Hertel Avenue from easterly side of Colvin to the westerly
side of Delaware, and a banner across Hertel at Tennyson
and at Crestwood, all within conditions specified by the
Department of Public Works,
E) Permittees shall furnish to the City of Buffalo proper liability
insurance as determined by the Special Events Committee
and Corporation Counsel,
F) Permittees shall assure complete responsibility for
removing barriers, pennants, decorations, barricades, stands,
equipment and any trash or debris in the area arising out of
the festival,
G) Permittees shall assume complete responsibility for
conducting the festival in compliance with all laws and
ordinances applicable, and with all directives of the various
city departments, including Police, Fire, Street Sanitation,
Transportation and Public Works,
H)Permission is hereby granted for the above under
such terms and conditions so as to protect the interest of the
City of Buffalo, as set forth by the Special Events Committee.
PASSED
AYES -11 NOES - 0
NO. 123
AMEND LEASE - BREAD OF LIFE CHRISTIAN ACADEMY
- 2193 SOUTH PARK AVENUE
(ITEM NO. 7, C.C.P., MAY 18, 1999)
That the Comptroller be, and he hereby is authorized to
amend the lease between the City and the Bread of Life
Christian Academy, for use of the Gymnasium on Mondays
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instead of Tuesdays between the hours of 8:00 a.m. and noon
starting September 1, 1999 and to renew their lease to
commence on September 1, 1999 and to expire on
August3l,2001. All other terms and conditions of the original
lease shall remain the same. That the Corporation Counsel
be, and he hereby is authorized to prepare the necessary
documents to amend and renew said lease and that the
Mayor be authorized to execute the same.
PASSED
AYES -11 NOES - 0
NO. 124
RENEW LEASE - CATHOLIC CHARITIES OF BUFFALO -
2193 SOUTH PARK AVENUE
(ITEM NO. 15, C.C.P., MAY 18, 1999)
That the Comptroller be, and he hereby is authorized to
renew the lease between the City and the Catholic Charities
of Buffalo, for use of Room 24 located in former School #29
at 2193 South Park Avenue. The lease will be for an
additional five-year period to commence on July 1, 1999 and
to expire on June 30, 2004. The garbage user fee is to be
paid by the City pursuant to Item No. 204, C.C.P., 6/23/98
and Item No. 146, C.C.P., 7/7/98. The rental will remain at
One Dollar ($1.00) per year and all other terms and conditions
of said lease shall remain the same. That the Corporation
Counsel be, and he hereby is authorized to prepare the
necessary documents to renew said lease and that the Mayor
be authorized to execute the same.
PASSED
AYES -11 NOES - 0
NO. 125
DELAWARE AVENUE ASBURY CHURCH LEASE
(ITEM NO. 47, C.C.P., MAY 18, 1999)
That the Mayor be, and he hereby is authorized to enter
into a lease between the City and Partnership HT Acquisitions
Corporation, for the Delaware Avenue Asbury Church parking
lot, subject to the transfer of title and a review of the annual
rental adjustment.
PASSED
AYES -11 NOES - 0
NO. 126
MEMORANDUM OF UNDERSTANDING - OPERATION:
SAVE OUR STREETS
(ITEM NO. 48, C.C
That the Mayor, Comptroller, Commissioner of Police and the
Corporation Counsel be, and they hereby are authorized to
execute the Memorandum of Understanding with the United
States Attorney's Office, Western District of New York, United
States Marshals Services concerning the seizure and
forfeiture of real property used for criminal activities in the City
as part of the initiative commonly known as Operation.. Save
Our Streets.
PASSED
AYES -11 NOES - 0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 127
J. KOHLER, AGENT, USE 2995 BAILEY FOR 111.
AWNING SIGN (HRG. 5/25)
(ITEM NO. 86 C. C.P. MAY 18, 1999)
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That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 128
PETE D'ORSANEO, PETITION TO USE 14 LAFAYETTE -
ILLUMINATED SIGN
(ITEM NO. 87, C.C.P., MAY 18, 1999)
That after the public hearing before the Committee on
Legislation on May 25, 1999, the petition of Pete D'Orsaneo,
agent, for permission to use 14 Lafayette for an illuminated
sign be, and hereby is approved.
PASSED
AYES -11 NOES - 0
NO. 129
DENNIS WILCOX, PETITION TO USE 1941 SENECA
STREET - ILLUMINATED AND WALL SIGNS
(ITEM NO. 88, C.C.P., MAY 18, 1999)
That after the public hearing before the Committee on
Legislation on May 25, 1999, the petition of Dennis Wilcox,
agent, for permission to use 1941 Seneca Street for an
illuminated pole sign and wall signs be, and hereby is
approved with the following conditions:
1 . The pole sign be limited to 18' high,
2. Two sets of individual entrance letters at 30" in height;
3. Two sets of individual entrance letters at 12" in height,
4. Two drive through wall signs at 4'x7.6'
5. One 2'x 12. 6' drive through canopy sign.
PASSED
AYES -11 NOES - 0
NO. 130
DENNIS WILCOX, PETITION TO USE 845 ABBOTT ROAD
- ILLUMINATED SIGN
(ITEM NO. 89, C.C.P., MAY 18, 1999)
That after the public hearing before the Committee on
Legislation on May 25, 1999, the petition of Dennis Wilcox,
agent, for permission to use 845 Abbott Road for an
illuminated pole sign be, and hereby is approved with the
following conditions:
1.No pole sign be permitted;
2.Two sets of individual entrance letters at 36" in
height;
3.Two sets of individual entrance letters at 12" in
height;
4.Two drive through wall signs at 4'x7.6';
5.One 2'x 12. 6' drive through canopy sign.
PASSED
AYES -11 NOES - 0
NO. 131
M. RODGERS-CONCERNS ILLEGALLY PRKD CARS &
HEAVY TRAF. ON FOREST AVE/WINDSOR
(ITEM NO. 72 C.C.P. MAY 4,1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 132
M. MOORE & O-OPPOSE GRANT VAR. OF PROP. -3 5
CUMBERLAND/COMM. USE
(ITEM NO. 95 C.C.P. APRIL 6,1999)
That the above mentioned item be and the same is hereby
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received and filed.
ADOPTED
NO. 133
CONVERT BOYD STREET TO ONE WAY TRAFFIC
(ITEM NO. 138, C.C.P., MAY 18, 1999)
That this Common Council requests the Department of
Public Works to prepare the necessary specifications to
convert Boyd Street to one way traffic starting from Grant
Street, proceeding to Parkdale Avenue.
ADOPTED
NO. 134
PROP. RELOCATION OF CHILDREN'S HOSPITAL
(ITEM NO. 193 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 135
Y2K CITY OF BUFFALO
(ITEM NO. 124, C.C.P., MAR. 23, 1999)
That this Common Council request the Administration to
inform the Common Council as to what steps have been
taken to prepare for the Y2K problem; and
That a copy of this resolution be forwarded to Commissioner
of Administration and Finance, City Comptroller,
Commissioners of Fire, Police and Public Works; and
That a cover letter be attached to the resolution requesting
each Department to respond to this Common Council before
the next Council meeting of June 15, 1999.
ADOPTED
NO. 136
RESPONSE-Y2K COMPUTER SYSTEMS (COMPT.)
(ITEM NO. 20 C. C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 137
RESPONSE-Y2K PROBLEM IN COB (A&F)
(ITEM NO. 59 C. C. P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 138
RESOLVE ISSUES-Y2K PROBLEM-CITY OF BUFFALO
(FIRE)
(ITEM NO. 44 C.C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 139
RESP. Y2K IN COB
(ITEM NO. 62 C.C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 140
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AMERICAN ANGLICAN-YEAR WOO READINESS
DISCLOSURE
(ITEM NO. 72 C. C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 141
Y2K TECH. PROB. -COB (POL)
(ITEM NO. 36 C.C.P. APRIL 20, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 142
LOCAL EFFORTS TO REDUCE GLOBAL CLIMATE
CHANGE
(ITEM NO. 159, C.C.P., APR. 6, 1999)
That this Common Council take a leadership role in
increasing energy efficiency and reducing greenhouse gas
emissions from Municipal operations; and to develop a local
action plan which addresses steps the community can take to
reduce greenhouse gases and air pollution emissions,
including analysis of sources, adoption of targets, and
strategies to achieve the target; and
That the City of Buffalo support adequate funding for local
energy and air pollution reduction efforts as part of a national
effort to address our nation's impact on global climate change;
and
That federal agencies be encouraged to jointly consider the
long-term impact of their actions to avoid unintentionally
interfering with local governments' efforts to mitigate global
warming.
ADOPTED
NO. 143
SIDEWALK CAFE - 1197 HERTEL AVENUE
(ITEM NO. 40, C.C.P., MAY 18, 1999)
That the Commissioner of Public Works be, and he hereby
is authorized to issue a CC mere license" to Ms. Susan
Temeraro, owner of Romeo's Bakery Cafe, located at 1197
Hertel Avenue, to install a sidewalk cafe, 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.
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 feet (20') in
length or extend more than eight feet (8') 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 caf‚ 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
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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 -11 NOES - 0
NO. 144
REQ. PERM. TO INSTALL SIDEWALK CAFE-33 GATES
CIRCLE (PW))
(ITEM NO. 42 C. C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 145
M. GARNER & O-REQ. DEMO. -19 OXFORD AVENUE
(ITEM NO. 102 C. C.P. APRIL 20, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 146
M, GARNER & O-REQ. DEMO.-19 OXFORD AVENUE
(ASSESS)
(ITEM NO. 17 C. C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 147
M. GARNER & O-REQ. DEMO. - 19 OXFORD AVENUE
(CD)
(ITEM NO. 54 C.C.P. MAY 18,1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 148
NOTIFICATION SERIAL #9141, INSTALL NO PARKING
SIGNS ON N. FILLMORE AVENUE
(ITEM NO. 17, C.C.P., MAY 4, 1999)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola moved:
That pursuant to Subdivision 3 of Section 33 of Chapter 479
of the Code of the City of Buffalo, the changes to the traffic
ordinances (Chapter 479 of the City Code) is hereby denied
as pertaining to Notification No. 9141, as more fully described
in the above communication.
ADOPTED
NO. 149
NOTIF SERIALS #9142-9143 (PW)
(ITEM NO. 18 C.C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 150
NFTA - BUS SHELTER (SKILLEN STREET)
(ITEM NO. 38, C.C.P., MAY 18, 1999)
That the Commissioner of Public Works be, and he hereby
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is authorized to issue a 44mere license" to Mr. Christopher J.
Cronin, Traffic Data Administrator for the Niagara Frontier
Transportation Authority, to install a bus shelter, which would
encroach city right-of-way at Skillen Street, south side of
street, approximately 150' east of Ontario Street, subject to
the following conditions:
1 . That the applicant obtains any and all other City of Buffalo
permits
necessary.
2. That the bus shelter be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3. That the applicant be responsible for maintaining the bus
shelter as long as it remains within the City right-of-way.
4. 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 bus shelter.
PASSED
AYES -11 NOES - 0
NO. 151
APPT.-ASST. DIR. OF LABOR RELATIONS (A&F)
(ITEM NO. 60 C. C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 152
R. GREENE-BFLO. PHIL. ORCHESTRA-DOC.
SEVERINSON'S RESIGNATION
(ITEM NO. 78 C.C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 153
M. STASNER-HAMLIN PK. -CONCERNS-OVERLAY
REVIEW DISTRICT
(ITEM NO. 84 C. C.P. MAY 18, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 154
BEDC-INFO.-GROW BFLO. FUND, FEC PROG., ETC.
(ITEM NO. 79 C. C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 155
B. GRAY-PROB. W/CITY OWNED LOT-BRAYTON ST.
(ITEM NO. 69 C.C.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 156
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RESPONSE-PROB. W/I 14 BRAYTON & 31-33 SHIELDS
AVE. (CD)
(ITEM NO. 56 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 157
B.U.R.A. - BLOCK GRANT REIMBURSEMENTS-PAST 4
YRS.
(ITEM NO. 27 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 158
E. OVETON-POOR WKMSHIP & MATERIALS-423 N.
DIVISION (#76, 11/17)
(ITEM NO. 122 C. C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 159
E. OVETON-POOR 423 N. DIVISION (#33, 12/29)
(ITEM NO. 123 C.C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 160
D. ZUCHLEWSKI-E. OVERTON-SITE INSPECTION-423 N.
DIVISION ST. (#71, 2/23)
(ITEM NO. 124 C. C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 161
DELINQUENT ERIE COUNTY INDUSTRIAL DEV. AGENCY
& CITY PILOT ACCTS.
(ITEM NO. 8 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 162
ECIDA-(PILOT) AGREEMENTS ON PROJECTS IN COB
(ITEM NO. 80 C.C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 163
URGE HEALTH CARE PLAN TO REMAIN DOWNTOWN
(ITEM NO. 181 C. C.P. APRIL 6, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 164
HEALTH CARE PLAN UPDATE (BERC)
(ITEM NO. 77 C.C.P. APRIL 20, 1999)
That the above mentioned item be and the same is hereby
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received and filed.
ADOPTED
NO. 165
A. GOSHIN-HEALTH CARE PLAN-INFO. ON MOVE TO
AMHERST NY
(ITEM NO. 89 C.C.P. APRIL 20,1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 166
TRANSFER OF TITLE, URBAN HOMESTEAD - 129
HOWARD STREET
(ITEM NO. 44, C. C. P., MAY 4, 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. 167
TRANSFER OF TITLE, URBAN HOMESTEAD - 129
HOWARD STREET
(ITEM NO. 59, C.C.P., MAY 18, 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. 168
BUFFALO INNER HARBOR OPERATION AND
MAINTENANCE PLAN
(ITEM NO. 64, C.C.P., MAY 18, 1999)
That the Common Council approves the Buffalo Inner
Harbor Operation and Maintenance Plan as submitted and
attached to the above-mentioned item by the Buffalo
Economic Renaissance Corporation
PASSED
AYES -11 NOES - 0
RESOLUTIONS
BY: MR. BROWN
NO. 169
ORDINANCE AMENDMENT
CHAPTER 94 - BOILERS AND ENGINEERS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 94-26 of Chapter 94 of the Code of the City of
Buffalo be amended to read as follows:
94-26. Plants in continuous operation.
A. Where a power plant is in service regularly day and night, in
the absence of the chief engineer, the assistant engineers
must hold first class engineer's license if the plant exceeds
one hundred fifty (150) horsepower. However, second class
engineers may be employed on the same watch with the chief
engineer.
B. No power-developing unit or units shall be left unattended
and without a properly licensed engineer or refrigeration
operator of the required grade while in operation.
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C. One (1) chief engineer may be in charge of more than one
(1) power plant as a whole on a general property site of the
same owner.
D.The provisions of this section are not plicable to hot
water heating boilers operating not in excess of thirty (30)
pounds per square inch when used for agricultural purposes.
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
NOTE: Matter in underlined is new.
PASSED
AYES -11 NOES - 0
NO. 170
BY: MR. BROWN
REMOVAL OF ILLEGAL PAY TELEPHONE LOCATIONS
Whereas:Chapter 441 of the Code of the City of
Buffalo, amended by the Common Council in 1995, regulates
the placement of telephone facilities on streets, public
grounds, and city right-of-way; and
Whereas: This section stipulates that no telephone facilities
be placed, operated or maintained unless the location is
specifically approved by the Common Council; and
Whereas: It also authorizes the Council to approve or deny
such telephone facilities based upon the effect upon the public
health, safety, aesthetics, or general welfare, and to mandate
special features designed to reduce criminal activity; and
Whereas: Subsequent to any approval, the Council may
order the removal of a telephone facility if it is determined that
its use has a deleterious impact on the surrounding
community; and
Whereas: At the following locations in the Masten District
there are pay telephones that have been installed without
Council approval and are therefore illegal:
Corner of Pansy Place and E. Delavan Avenue
Corner of Daisy Place and E. Delavan Avenue
Corner of Humboldt Parkway and E. Delavan Avenue; and
Whereas: These illegal pay telephones are reported to be
contributing to suspicious and alleged criminal activity; and
Whereas: The residents of Hamlin Park are concerned about
the presence of these telephones as they believe that they are
negatively impacting the quality of life in this historic
community; and
Whereas: Hamlin Park is a stable and vibrant community
whose neighbors deserve the strong support of City
government when they take a stand against lawlessness that
diminishes the integrity of their neighborhood;
Now, Therefore, Be It Resolved:
That this Common Council directs the Department of Public
Works to notify the owners of these pay telephones that they
must remove them within one week's time; and
Be It Further Resolved:
That the Department of Public Works be directed to remove
the pay telephones in question if the owners do not comply
with the one-week notice;
Be It Finally Resolved:
That the Department of Public Works be directed to file a
report on the resolution of this problem with the Common
Council no later than 2:00 PM, Friday, June 15, 1999.
PASSED
AYES -11 NOES - 0
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NO. 171
BY: MR. BYRON W. BROWN
REQUEST PERMISSION TO DISPLAY A STREET
BANNER
Whereas:The Bob Lanier Center for Educational,
Physical and Cultural Development, Inc. is sponsoring a "Bowl
with the Bills" event on Sunday June 6, 1999; and
Whereas:The Bob Lanier Center has requested permission to
display a street banner across Main Street at the corner E.
Amherst Street from May 24 th through June 7 th, 1999;
Now, Therefore, Be It Resolved That:
That this Common Council grants permission to the Bob
Lanier Center to hang the banners pursuant to the conditions
set forth by the Commissioner of Public Works, the
Corporation Counsel and the Special Events Advisory
Committee.
PASSED
AYES -11 NOES - 0
NO. 172
BY: MR. BROWN
REQUEST TO WAIVE OR REDUCE COST OF
DEMOLITION - 211 STEVENS ST.
Whereas: Citizens' Alliance, Inc., is a community group that
diligently works with the City to improve our neighborhoods;
and
Whereas: Citizens' Alliance, Inc., purchased 211 Stevens
Street with the ultimate goal of rehabilitating this property and
selling it to a low income family through their First Time
Homebuyer Program; and
Whereas: The funds to rehabilitate this property did not
become available, and
Whereas: During the course of seeking funds to rehab this
property, the property deteriorated to a state that no longer
made rehabilitation feasible; and
Whereas: The Property located at 211 Stevens Street has
been demolished and the Citizens' Alliance, Inc. has indicated
that there is a balance of $8,335.00 for demolition costs;
Now, Therefore, Be It Resolved That:
This Common Council requests the Department of
Community Development review this resolution and report
back to this Council regarding the possibility of forgiving
and/or reducing the demolition charges at 211 Stevens St.
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE COMMISSIONER
OF COMMUNITY DEVELOPMENT
NO. 173
BY: MR. BROWN
COORDINATION OF INFRASTRUCTURE PROJECTS
WITH NATIONAL FUEL
Whereas: Resolution #134, December 1, 1998, called for a
better coordination of City infrastructure projects; and
Whereas: Recently, National Fuel notified the Masten
District office by mailing maps of proposed construction sites,
and
Whereas: One site for the proposed gas line changes is
Cambridge and Cornwall, the other is Appenheimer Avenue;
and
Whereas: Cornwall will soon undergo reconstruction around
American Axle and _just last year Appenheimer was repaved;
and
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Whereas: National Fuel's plans cause concern in that they
clearly are not coordinated with other infrastructure projects
and the result will be a continuous prolonged strand of
construction in those neighborhoods; and
Whereas: Furthermore, National Fuel just sent maps of the
proposed work sites that do not include any details, timelines,
or promises of repair to any alteration of or damage to City
property;
Now, Therefore, Be It Resolved:
That National Fuel project coordinators be invited to the next
meeting of the Community Development Committee on June
9, 1999, to explain in detail their project plans; and
Be it Finally Resolved:
That the Commissioner of Public Works also attend this
meeting to corrment on the coordination of infrastructure
projects throughout the City.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF PUBLIC
WORKS, EHE CORPORATION COUNSEL AND NATIONAL
FUEL
NO. 174
BY: AL COPPOLA
GRANT PERMISSION TO ST. MARGARET'S PARISH TO
HANG BANNER ANNOUNCING 5K RUN - WALK
Whereas: St. Margaret's Parish, Holy Name Society, is
sponsoring the Third Annual 5K Run -Walk on Saturday July
10, 1999; and
Whereas: All proceeds will benefit St. Margaret's
School and Parish Programs; and
Whereas: The Holy Name Society has requested permission
to hang a banner on Hertel Avenue from June 4 th through
July 10, 1999 announcing the event;
Now, Therefore, Be It Resolved:
That this Common Council grant permission to the St.
Margaret's Holy Name Society to hang a banner on Parkside
Avenue pursuant to the conditions set forth by the
Commissioner of Public Works and the Corporation Counsel.
PASSED
AYES -11 NOES - 0
NO. 175
BY: MR. FONTANA
GEORGE K. ARTHUR CENTER SIGN
Whereas: The George K. Arthur Community Center is in
need of signage to inform the community of upcoming events;
and
Whereas:We would like to install a new double sided
moveable letter sign in front of the center; and
Therefore, Be It Resolved: That the Common Council waive
the permit fee associated with the installation of this new sign;
and
Therefore, Be It Finally Resolved: That the sign be installed in
accordance with all public works stipulations.
PASSED
AYES -11 NOES - 0
NO. 176
BY: MR. FRANCZYK:
BOND RESOLUTION
$500,000 BONDS
BROWNSFIELD TESTING/RESEARCH
ACCOUNT NO. 200-717
Page 67
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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 Brownsfields testing,
at the estimated maximum cost of $500,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Five Hundred Thousand
Dollars ($500,000), pursuant to the provisions of the Charter
of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the
"Law"), to finance the cost of Brownsfields testing, including
testing of contaminated former industrial sites for future
development purposes in the City. The estimated maximum
cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $500,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year
1998-99, 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
Community Development, Division of Development
"Brownsfield Testing/Research, 1998-99," Account No.
200-717, 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 $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
specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of
Section 11.00 a. 62(2nd) of the Local Finance Law, is five (5)
years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the
recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by 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
Page 68
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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: June 1, 1999
LAID ON THE TABLE
NO. 177
BY: MR. FRANCZYK:
BOND RESOLUTION
$1,125,000 BONDS
DRUG TREATMENT FACILITY
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,125,000 General Improvement
Bonds of said City, to finance the cost of the construction of a
Drug Treatment Facility on a City-owned site at 240
Kensington Avenue, in the City, at the estimated maximum
cost of $1,125,000.
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 Twenty-five Thousand Dollars ($1,125,000),
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 construction of a Drug Treatment
Facility on a City-owned site at 240 Kensington 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 $1,125,000, as set forth in
the duly adopted Capital Improvements Budget of said City
for fiscal year 1998-99, 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, "Drug Treatment Facility
Development, 1998-99", 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
Page 69
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Resolution, in the maximum amount of $1,125,000. 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 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 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: June 1, 1999
LAID ON THE TABLE
NO. 178
BY: MR. FRANCZYK
INCREASED APPROPRIATION
CITY REVENUE
DIVISION OF COLLECTIONS
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Department
of Audit and Control, Division of Collections be and the same
hereby is increased in the sum of $145,000
That, the comptroller be and hereby is authorized and directed
to increase the revenue
estimate of account:
Revenue City
100 General Fund
044 - Division of Collections
Page 70
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402 -City
30020 - Charges for Collection Services$145,000
To meet the increased appropriation as set forth below:
100 General Fund
044 - Division of Collections
001 - Collections
570 - Financial and Accounting Services$145,000
PASSED
AYES -11 NOES - 0
NO. 179
BY: MR. FRANCZYK
INCREASED APPROPRIATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF PLANNING
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Division of
Planning be and the same hereby is increased in the sum of
$2,000.
That, the comptroller be and hereby is authorized and directed
to increase the revenue estimate of account:
100 - 711 - 402 - 90008 Miscellaneous 2,000
To meet the increased appropriation as set forth below:
100 General Fund
711 - Division of Planning
00 1 -Community Development Planning
536 - Advertising2,000
PASSED
AYES -11 NOES - 0
NO. 180
BY: MR. FRANCZYK
INCREASED APPROPRIATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Division of
Housing & Inspections -Exempt Items be and the same
hereby is increased in the sum of $518,719.
That, the comptroller be and hereby is authorized and directed
to increase the revenue estimates of accounts:
100 - 713 - 405 - 88018 Demolition - County375,000
100 - 713 - 402 - 30078 Demolition Charges143,719
To meet the increased appropriation as set forth below:
To:
100 General Fund
71 - Department of Community Development
3 - Community Development Planning
0 13 - Licenses & Permits
819 - Exempt Items
900 - Land and Betterments (General Demolition Fund)
518,719
PASSED
AYES -11 NOES - 0
NO. 181
BY: MR. FRANCZYK
INCREASED APPROPRIATION
GENERAL CITY REVENUES - ASSESSMENT -
FORECLOSURE FEES
Page 71
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DEPARTMENT OF LAW
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments in Department
of Law - Unclassified, be and the same is hereby increased in
the sum of $300,000.
That, the comptroller be and hereby is authorized and directed
to increase the revenue estimate of account:
From:
100 - General Fund
090-402-3 1970 - Department of Assessment Foreclosure
Fees300,000
To meet the increased appropriation as set forth below:
To:
100 General Fund
080 - Department of Law
00 1 - Corporation Counsel
583 - Unclassified300,000
PASSED
AYES -11 NOES - 0
NO. 182
BY: MR. FRANCZYK
INCREASED APPROPRIATION
DEPARTMENT OF POLICE
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments Department of
Police - Automotive Body Repairs, Equipment & Furnishings
and Public Relations be and the same hereby are increased in
the sums of $25,740, $2,500 and $10,760.
That, the comptroller be and hereby is authorized and directed
to increase the revenue estimate of account:
From:
100 - General Fund
200 - Department of Police General City Revenue
402 - City Revenues
62032 - Deposit of Unclaimed Property39,000
To meet the increased appropriation as set forth below:
To:
100 General Fund
20 - Department of Police
1 - Police Administration
032- Fleet Maintenance
501 - Automotive - Body Repairs25,740
00 1 - Office of the Police Commissioner
586 - Public Relations2,500
085 - Exempt Items
982 - Equipment & Furnishings10,760
PASSED
AYES -11 NOES - 0
NO. 183
BY: MR. FRANCZYK
TRANSFER OF FUNDS
GENERAL CITY CHARGES
DEPARTMENT OF LAW
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $18,522 be and the same is
hereby transferred from General City Charges and said sum is
Page 72
99-0601.txt
hereby reappropriated as set forth below:
From:
100 General Fund
81 - General City Charges
2 - Miscellaneous
809- Judgement & Claims - Prior Years$18,522
To:
100 General Fund
080 - Department of Law
00 1 - Corporation Counsel
53 5 -Membership Dues & Periodicals$18,522
PASSED
AYES -11 NOES - 0
NO. 184
BY: MR. FRANCZYK
TRANSFER OF FUNDS
GENERAL CITY CHARGES
DEPARTMENT OF LAW
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $26,394 be and the same is
hereby transferred from General City Charges and said sum is
hereby reappropriated as set forth below:
From:
100 General Fund
81 - General City Charges
2 - Miscellaneous
809- Judgement & Claims - Prior Years26,394
To:
100 General Fund
080 - Department of Law
00 1 -Corporation Counsel
523 - Repairs to Equipment & Machinery337
540 - Printing & Binding836
571 - Medical Services1,000
572 - Legal Services19,749
573 - Engineering & Technical Services800
583 - Unclassified3,530
590 - Printing & Copying Interdepartmental142
PASSED
AYES -11 NOES - 0
NO. 185
BY: MR. FRANCZYK
TRANSFER OF FUNDS
GENERAL CITY CHARGES
PUBLIC WORKS
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $86,315 be and the same is
hereby transferred from General City Charges and said sum is
hereby reappropriated as set forth below:
From:
100 General Fund
81 - General City Charges
3 - Fringe Benefits
151 - NYS Police & Fire Retirement System
86,315
To:
100 General Fund
40 - Department of Public Works
2 - Division of Buildings
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031 - Operation & Maintenance of Public Buildings
404 - Office Supplies
39
432 - Janitorial
1,281
449 - Miscellaneous
249
450 - Automotive Maintenance Supplies
52
460 - Building Materials
7,492
464 - Electric & Electronic Supplies
848
465 - Plumbing, Heating & Air Cond. Supplies
2,685
523 - Repairs to Equipment & Machinery
19,059
536 - Advertising
1,076
540 - Printing & Binding
220
560 - Building Repairs & Alterations
53,314
PASSED
AYES -11 NOES - 0
NO. 186
BY: MR. FRANCZYK
TRANSFER OF FUNDS
DEPARTMENT OF POLICE
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $35,000 be and the same is
hereby transferred within the Department of Police and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
20 - Department of Police
I - Police Administration
02 1 - Administration & Communications
598 - Freeze35,000
To:
100 General Fund
20 - Department of Police
1 - Police Administration
032- Fleet Maintenance
501 - Automotive - Body Repairs20,000
503 -Automotive -Transmission Service 10,000
504 - Automotive - Other Service5,000
PASSED
AYES -11 NOES - 0
NO. 187
BY: MR. FRANCZYK & MR. QUINTANA
LOCATE POLICE ACADEMY IN FILLMORE DISTRICT
WHEREAS: The C District Police Reorganization
agreement entailed the location of the Police Community
Services building to Broadway-Fillmore; and,
WHEREAS: Discussions between Councilmembers Franczyk
& Quintana and Police Commissioner Rocco Diina resulted in
the advisability of locating the new Police Academy Building in
Broadway-Fillmore; and,
WHEREAS: Site selection for the new Police Academy is in
the final stages; and,
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WHEREAS: There is $700,000 earmarked for a District C
Community Facility; and,
WHEREAS: There is an additional $300,000 available for this
project; and,
WHEREAS: In order for the Police Academy project to begin
this fiscal year, a bond resolution needs to be passed by this
body by June 30, 1999; and,
THEREFORE, BE IT RESOLVED, THAT, This Common
Council request the Commissioner of Police, Rocco Diina to
draft a bond resolution for submission to this Common Council
so that it may approve it by June 30, 1999.
REFERED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT AND THE
COMMISSIONER OF POLICE
NO. 188
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
98 - DEPARTMENT OF PUBLIC WORKS
0 - DIVISION OF WATER
021 ADMINISTRATIVE SERVICES
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 98 Department of Public Works, 0 -
Division of Water, 021 Administrative Service is hereby
amended with the addition:
3 Account Clerk$ 22,883 - $ 25,495
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC
WORKS 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.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal Civil
Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance
as being the appropriate Civil Service title for the proposed
position.
APPROVED AS TO FORM
Corporation Counsel
05/17/99 ATTACHMENT
PASSED
AYES -11 NOES - 0
NO. 189
BY: MR. HELFER
RECOUPING BUFFALO POLICE UNDERWATER
RECOVERY TEAM COSTS
Whereas: If a vehicle is submerged in a body of water as a
result of an accidental situation, such as while a boat is
being launched or removed, the owner's insurance company
funds the costs for removal; and
Whereas: In other cases in which vehicles are submerged in
bodies of water, a police dive team is required to respond to
the situation because the vehicles may have been stolen and
therefore may constitute evidence of a crime; and
Page 75
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Whereas: In these cases, police divers must respond to
recover any victims and collect and secure evidence; and
Whereas: Every time the Buffalo Police Underwater
Recovery Team is dispatched to this type of situation, a team
of six divers and one supervisor is deployed; and
Whereas- Although these water recoveries result in numerous
costs, including fuel, use of equipment, overtime if officers are
not on duty at the time of the call, and other
miscellaneous costs, the City of Buffalo does not currently
attempt to recoup these costs-, and
Whereas: Section 181 of New York State Navigation Law
states that, "any person who has discharged petroleum shall
be strictly liable, without regard to fault, for all cleanup and
removal costs and all direct and indirect damages, no matter
by whom sustained..."; and
Whereas: This section of New York State Navigation Law also
includes a provision that establishes a New York
Environmental Protection and Spill Compensation Fund; and
Whereas: It is likely that a major portion of the costs involved
with a majority of the Buffalo Police Underwater Recovery
Team's cases could be recouped by billing the vehicle
owner's insurance company and/or the fund established
under Section 181 of the New York State Navigation Law;
and
Whereas: If the City of Buffalo were able to recoup costs
associated with water recoveries, a portion of this money
could be used to provide the Underwater Recovery Team with
funding to repair or upgrade equipment, thereby reducing the
money that the City is
required to expend on an annual basis;
Now, Therefore Be It Resolved:
That the Buffalo Police Department provide the Buffalo
Common Council with information regarding any previous
attempts to recoup costs resulting from water recoveries
involving the Buffalo Police Underwater Recovery Team; and
Be It Further Resolved:
That a representative of the Buffalo Police Underwater
Recovery Team work with the City of Buffalo Corporation
Counsel and any other necessary City department(s) to
develop a plan which would enable the City of Buffalo to
recoup costs associated with underwater recoveries involving
the Buffalo Police Underwater Recovery Team-, and
Be it Finally Resolved:
That a copy of this plan be filed with the Buffalo Common
Council before 2:00 p.m. on Thursday, June 24, 1999.
REFERRED TO THE COMMITTEE ON FINANCE THE
CORPORATION COUNSEL AND THE COMMISSIONER
OF FIRE
NO. 190
BY: MR. HELFER
ORDINANCE AMENDMENT
CHAPTER 78 - ANIMALS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Article III of Chapter 78 of the Code of the City of Buffalo
be amended to read as follows:
ARTICLE 111, Licensing and Impoundment of Dogs LCALs
78-11. Public pound.
A. There shall be established and maintained by the City of
Buffalo a public pound in which shall be distrained and
impounded all untagged and unlicensed dogs and in which
shall be impounded all lost, strayed or homeless dogs found
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running at large within the city.
B. The pound so established shall be maintained and
operated under and by direction of the Commissioner of
Street Sanitation, who is, together with any person in his
Department designated by him, hereby charged with
performing all the duties required for the seizure and
impounding of such dogs and for the destruction or sale
thereof in accordance with the provisions of Article 7 of the
Agriculture and Markets Law.
C. The pound is hereby authorized to impound and shelter
lost, stray or homeless cats and to arrange for spacing or
neutering of such cats. Fees for the adoption of such cats and
any necessary shots or treatment shall be as provided in
Chapter 175, Fees.
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
PASSED
AYES -11 NOES - 0
NO. 191
BY: MR. HELFER
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 78 of Chapter 175, Fees, of the Code of the
City of Buffalo be amended to read as follows:
Chapter 78 Animals
78-11, adoption of impounded cats
Adoption10.00
Rabies shot10.00
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
PASSED
AYES -11 NOES - 0
NOTE: Matter underlined is new.
NO. 192
BY: MR. HELFER
PERMISSION TO HANG BANNER ON MAIN STREET
Whereas: The St. Clare Apartments, located at 2787 Main
Street, opened in January 1999,
and
Whereas: This facility, which is designed to serve residents
age 62 and over, is described as "safe, decent, and
affordable housing"; and
Whereas: The management of the St. Clare Apartments
would like to hang a banner across Main Street, between
Benwood and Depew, to advertise the fact that several
apartments are still available; and
Whereas: This banner would be hung from June 21, 1999,
through July 19, 1999 between the light pole at 2793 Main
Street and the tree at 2792 Main Street;
Now, Therefore, Be It Resolved:
That the Buffalo Common Council grants permission for the
St. Clare Apartments to hang a banner across Main Street
from June 21, 1999 through July 19, 1999 between the light
Page 77
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pole at 2793 Main Street and the tree at 2792 Main Street;
and
Be it Further Resolved:
That this permission is granted provided that all conditions set
forth by the Department of Public Works and the City of
Buffalo Corporation Counsel are met.
PASSED
AYES -11 NOES - 0
NO. 193
BY: KEVIN J. HELFER
REFUND PERMIT FEE - JESSE KOHLER
Whereas: Jesse Kohler, as agent for owner, Clifford Boone,
filed an application to place an illuminated awning sign at 2995
Bailey; and
Whereas: A $250.00 permit fee was charged to the
applicant. This item needed to be before the Zoning Board
rather than the City Planning Board and the Common Council;
and
Whereas: Due to a city error, the applicant paid the $250.00
fee unnecessarily; and
Now, Therefore, Be It Resolved:
That the Common Council requests the City of Buffalo refund
Mr. Jesse Kohler, Kohler Awning, 365 Nagel, Cheektowaga,
NY 14225, the $250.00 application fee he paid for the
proposed illuminated awning sign.
PASSED
AYES -11 NOES - 0
NO. 194
BY: MRS. LOTEMPIO
COUNCILMEMBER BARBARA MILLER-WILLIAMS
EXCUSED FROM JUNE 1, 1999,
COUNCIL MEETING
Now, therefore, be it resolved:
That Councilmember Barbara Miller-Williams be excused
from
attendance at the stated Common Council meeting of June
1, 1999.
Rosemarie LoTempio
Majority Leader
ADOPTED
NO. 195
BY: MRS. LOTEMPIO
DISCHARGE COMMIFFEE OF THE WHOLE
UNPAID COMMERCIAL USER FEE
(COM 135, MAY- 18, 1999)
Whereas: The above item is currently in the Committee of
the Whole; 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 dues hereby discharge the
Committee of the Whole from further consideration of this
item, and said item is now before the Council.
Carried
Mrs.. LoTempio now moved to Approve Unpaid Commercial
User, Fee (Com. 135, CCP 5/18/99).
Seconded by Mr. Hellfire
PASSED
AYES -11 NOES - 0
Page 78
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NO. 196
BY: MRS. LOTEMPIO
CITY OF BUFFALO
LOCAL LAW NO. _ (1999)
INTRODUCTORY NO. 1 (1999)
A LOCAL LAWamending section four hundred sixty-six
of article twenty-five of the charter of the city of Buffalo, in
relation to police and fire pensions.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF
BUFFALO AS FOLLOWS:
Section 1. That subsections one through nine of section four
hundred sixty-six of article twenty-five of the charter of the city
of Buffalo, adopted pursuant to law, be amended to read as
follows:
Sec. 466. Amount of Pension.
Pensions shall be paid in equal monthly installments as
follows:
(1)To a member retired pursuant to subdivision one of
section four hundred sixty-three or subdivision one of section
four hundred sixty-four, a sum equal to one-half of such
member's salary or compensation received at the time of his
retirement, but not less than [nine hundred eighty-five] one
thousand thirty-five dollars per month.
(2)To a member retired after this local law takes effect
solely by reason of twenty-five years of service, a sum equal
to one-half of such member's salary or compensation
received at the time of his retirement but not less than [nine
hundred eighty-five] one thousand thirty-five dollars per month.
(3) To a member retired pursuant to subdivision four of
section four hundred sixty-four, a sum equal to one-half of
such member's salary or compensation received at the time of
his retirement but not less than [nine hundred eighty-five] one
thousand thirty-five dollars per month.
(4) To a member retired pursuant to subdivision five of section
four hundred sixty-four, a pension shall be granted upon the
conditions and at the rate applicable to said member on the
day preceding his receipt of said notice of discharge or
demotion but not less than [nine hundred eighty-five] one
thousand thirty-five dollars per month.
(5) To a member retired by reason of having reached the age
of seventy years, a sum equal to one-half of such member's
salary or compensation received at the time of his retirement
but not less than [nine hundred eighty-five] one thousand
thirty-five dollars per month.
(6) To any member retired on account of injury, disease or
disability and who has completed ten or more years of
service, a sum equal to one-half of such member's salary or
compensation received at the time of his retirement but not
less than [nine hundred eighty-five] one thousand thirty-five
dollars per month.
(7) To the widow of any member heretofore or hereafter killed
in the discharge of his duty in said department, a sum in
monthly installments equal to his salary or compensation for
one year at the rate paid him at the time of his death and after
the first year the sum of [seven hundred sixty] eight hundred
and ten dollars per month.
(8) To the widow of any member who dies or has heretofore
died as a result of injury received in the discharge of his duty
in said department, a sum in monthly installments equal to his
salary or compensation for one year at the rate paid him at
the time of his death and thereafter the sum of [seven
hundred sixty] eight hundred and ten dollars per month until
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her death or remarriage.
(9) To the widow of a member who dies or has heretofore
died while in service or after retirement, a sum of seven
hundred [seven hundred sixty] eight hundred and ten dollars
per month during her lifetime or until her remarriage.
(14) In addition to any payments provided in subdivisions one,
two, three, four, five and six of this section, there shall be paid
to a member an annual pension total of the pension amount
as prescribed on June thirty nineteen hundred ninety-[eight]
nine, plus an additional amount of twenty-five dollars per
month.
Section 2. This local law shall take effect July 1, 1999.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
LAID ON THE TABLE
Matter in brackets [ I to be deleted; matter underlined is new
NO. 197
BY: MR. MANLEY
WAIVE PERMIT FEES FOR SUSAN LANE COMMUNITY
ASSOCIATION
Whereas: The Susan Lane Community comprises the full
length of Susan Lane in South Buffalo. Their main goal Is to
maintain The natural charm of the area by neighborhood
beautification and by having regular meetings where everyone
can discuss community concerns and keep up with current
issues in the area; and
Whereas: Last summer the residents of Susan Lane had their
first block party. It was an overwhelming success, and
Whereas: Residents of all ages enjoyed good food, lots of
games. and plenty of good camaraderie; and
Whereas: The second annual block party is scheduled to take
place on Saturday, July 17, 1999.1 with a rain date of July 18,
1999;
Now, Therefore, Be It Resolved:
That the Common Council waive any Block Party permit and
street closing fees required by the residents of Susan Lane for
their block party on July, 17, 1999, with a rain date of July 18,
1999, and
Be It Further Resolved:
That notification of this fee waiver and street closing be
forwarded to the Department of Public Works, Streets, Traffic
Engineering, and the Buffalo Police and Fire Departments.
PASSED
AYES -11 NOES - 0
NO. 198
BY: MR. PITTS, FRANCZYK, COPPOLA, & ALL
COUNCILMEMBERS
RESTORE SQUEAKY WHEEL FUNDING
WHEREAS: Squeaky Wheel, Buffalo Media Resources is a
not for profit Organization dedicated to film, video, audio,
computer
internet, art and access services; and
WHEREAS: In the 1998-1999 Budget for the City of Buffalo,
Squeaky
Wheel was funded $8,000 in Grant-In-Aid. This was an
increase over the amount funded in the 1997-1998 Budget;
and
WHEREAS: In the recently approved City Budget for
1999-2000, Squeaky Wheel was not recommended for
funding. This omission was
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inadvertent; and
WHEREAS: In discussions with various Council Members and
the City
Budget Director it was agreed to restore Squeaky Wheel's
Funding to its 1998-1999 level.
NOW, THERFORE BE IT RESOLVED:
That the Common Council approves the funding of $8,000 To
Squeaky Wheel in the Grants-In-Aid Program.
BE IT FURTHER RESOLVED:
That the Common Council requests the City Budget Director
identify the appropriate line transfers by July 1, 1999.
PASSED
AYES -11 NOES - 0
NO. 199
BY: MR. PITTS
REVIEW OF WEST GENESEE HOTEL
ASSOCIATES FOR E.C.I. D. A. FUNDING
WHEREAS: The West Genesee Hotel Associates is a
partnership operating the Buffalo Hyatt Regency
located at 532 Main Street; and
WHEREAS: In order to maintain its status as first class luxury
hotel the Management is required to purchase new equipment
and provide renovations to the 395 guestrooms, common
areas, and hallways; and
WHEREAS: The request for $2,800,000 was made to the
Erie County Industrial Development Agency (E.C.I.D.A.) to
cover the renovation costs. However, the E.C.I.D.A. denied
the request; and
WHEREAS: The denial of the request by the E.C.I.D.A. was
based upon the Agency not having a cogent policy for funding
hotels and
Hospitality Industry projects. Interestingly, this became an
issue upon the E.C.I.D.A.'s approval of a proposed request for
funding a new hotel at the corner of Chippewa Street and
Delaware Avenue; and
WHEREAS: Notwithstanding the issue of a funding policy, the
denial of the Hyatt proposal jeopardizes the viability of the
existing hotel.
The E.C.I.D.A. originally funded this hotel in 1984 and
continues to have a lease with the building; and
WHEREAS: It is indeed inane to deny funding to an already
existing first Class hotel for want of tenuous future
developments. The Buffalo Hyatt Hotel exists, is finally
becoming economically healthy and was a major
consideration in the location of a proposed new Convention
Center; and
WHEREAS: The E.C.I.D.A. has already begged its Policy
Formulation
Strategy by refusing to ensure the economic viability of a
major downtown development.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council hold a hearing on the West
Genesee Hotel's request for funding to the E.C.I.D.A; and
BE IT FURTHER RESOLVED:
That the Common Council requests Representatives from the
West Genesee Hotel Associates and the E.C.I.D.A. be in
attendance to discuss the present situation.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND THE ERIE COUNTY INDUSTRIAL
DEVELOPMENT AGENCY.
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NO. 200
BY: MR. QUINTANA
EXTENSION OF WEST SIDE COMMUNITY SERVICES
1998-1999 GRANT-IN-AID
Whereas: The City of Buffalo approved a Grant-In-Aid of
$33,477 dollars to the West Side Community Services
Organization (W.S.C.S.) located at 161 Vermont Street; and
Whereas: W.S.C.S.'s current funding terminates June 30,
1999. The Niagara District Councili-nember is fully committed
to programs for the community;
Now, Therefore, Be It Resolved:
That the Common Council approves the extension of the
1998-99 Grant-In-Aid allocated to the West Side Community
Services Center to the City of Buffalo for six (6) months to
December 31, 1999.
PASSED
AYES -11 NOES - 0
NO. 201
BY: MR. QUINTANA
ORDINANCE AMENDMENT
CHAPTER 35 - PERSONNEL POLICIES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 35 of the Code of the City of Buffalo be
amended to read as follows:
35-8. Police membership.
The following shall be deemed members of the police force:
Commissioner of PoliceChief of Homicide
Deputy CommissionerAssistant Chief,
Bureau
of Policeof Identification
Police InspectorAssistant Chief,
Bureau
Police Administratorof Communications
Director of EducationPolice Lieutenant
and CommunityBallistics Technician
RelationsDetective Sergeant
Director of TrafficChief, Traffic Tag
Chief of DetectivesBureau
Police CaptainPolice Photographer
Chief, Bureau ofPolygraph Operator
IdentificationDetective
Assistant Chief of Desk Lieutenant
DetectivesPatrolman
Police Instructor Policewoman
Director of Public Chief of Staff (effective July 1,
1996)
LaboratoryChief of Patrol (effective July
1,1996)
.Chief of Operations (effec
July 1, 1999)
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
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 202
BY: MS. MILLER-WILLIAMS
PERMISSION TO HANG "MARCH AGAINST DRUGS"
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BANNER
Whereas On Saturday, September 18, 1999, Hispanics
United of Buffalo will hold its 10th Annual March Against
Drugs; and
Whereas Each year, more than 500 people join together to
take a stand and say no to drugs in the Buffalo's West Side
Community; and Whereas This year's theme is "Striving for A
Drug Free Millennium", and this very public event brings
together elected officials, businesses, community residents,
families, youth, police and others for a day focused on making
sure that children and youth remain healthy and drug-free; and
Whereas Representatives from Hispanics United of Buffalo
have requested permission to utilize two street light post in
celebration of this event, to hang a banner across Virginia
Street in front of Hispanics United of Buffalo, located at 254
Virginia Street from Saturday, August 14, 1999 through
Sunday, September 19, 1999.
Now, Therefore let it be resolved:
This Common Council grants permission to Hispanics United
of Buffalo to hang a banner celebrating their annual "March
Against Drugs Campaign" on Virginia Street in front of
Hispanics United of Buffalo at 254 Virginia Street from
Saturday, August 14, 1999 through Sunday, September 19,
1999 providing the banner meet all requirements of all
pertinent city departments and violate no existing laws or
ordinances.
PASSED
AYES -11 NOES - 0
NO. 203
BY: BARBARA MILLER-WILLIAMS, ELLICOTT
DISTRICT COUNCILMEMBER
SET PUBLIC HEARING DOWNTOWN RENEWAL PHASE
11 LDA APPROVAL - ERIE COUNTY 194 PEARL STREET
WHEREAS, Erie County, 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 Disposition Parcel 2 in the
Downtown Renewal Phase 11 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 4th day of June 1999.
THAT, this Common Council will hold a public hearing on the
proposed agreement, on the 15th day of June, 1999.
ADOPTED
NO. 204
BY: MR. ZUCHLEWSKI
HISTORICAL SOCIETY LIMITED PARKING FEE
Whereas: The Albright-Know Art Gallery will be showcasing
a Monet Exhibit this year that runs from May until August 29,
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1999 and it is expected to draw an uncommon large amount
of visitor to the Gallery, and,
Whereas: Because of the anticipated crowds, parking in the
immediate area around the Art Gallery will be at a premium,
and,
Whereas: The Buffalo & Erie County Historical Society, which
has been looking for ways to supplement their operating
expense account, would like to charge visitors to the Art
Gallery a fee for using their parking lot during the duration of
the Monet Exhibit, and,
Whereas: The plan would be to charge a $3.00 fee starting
on May 23, 1999 and running through August 29, 1999 from
Tuesday to Sunday between the hours of 10:00 AM and 5:00
PM., and,
Therefore Be It Resolved:
The Common Council grant permission to the Buffalo & Erie
County Historical Society to charge a parking fee for the
amount and time stated above.
REFERRED TO THE COMMISSIONER LEGISLATION, THE
CORPORATION COUNSEL AND THE COMMISSIONER
OF ADMINISTRATION & FINANCE
NO. 205
BY DALE L. ZUCHLEWSKI
PERMISSION TO HANG STREET POLE BANNERS
Whereas: The Northwest Buffalo Commercial Consortium is
a not-for-profit group, comprised of the Black Rock
Business Association, West Hertel Community Action
Association, Riverside Business Association and the
Grant-Amherst Business Association; and
Whereas: Joining together to beautify Northwest Buffalo's
business districts. The Commercial Consortium applied for
and has received Mayor's Matching Funds to be used for 85
street pole banners to be hung in the four business districts
named above;
and
Whereas: The 85 street pole banners are 24x72 and include
the business association name, logo, and the name of a local
business; and
Whereas: The banners will be placed on light poles on the
following streets: Amherst, Hertel, Niagara, and Tonawanda;
and
Whereas: The Northwest Buffalo Commercial Consortium will
fully comply with all City of Buffalo guidelines provided by the
Department of Public Works for the proper and safe hanging
of the pole banners;
Now, Therefore, Be It Resolved:
That the Common Council grant permission to the Northwest
Buffalo Commercial Consortium to hang street pole banners
along Amherst, Hertel, Niagara, and Tonawanda Streets,
pursuant to conditions set forth by the Commissioner of Public
Works and the Corporation Counsel.
PASSED
AYES -11 NOES - 0
NO. 206
BY: COUNCILMEMBER DALE ZUCHLEWSKI
WAIVE FEE FOR STREET CLOSING
Whereas: The City of Buffalo and Forever Elmwood will be
co-sponsoring a performance of the Buffalo Philharmonic
Orchestra in Bidwell Park; and
Whereas: This is the third year that this performance has
taken place and it is held free of charge and open to the
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public; and
Whereas: Due to the large number of people attending this
performance, we would like to make a small change this year
and close off the short section of Bidwell Parkway between
Elmwood and Potomac Avenues; and
Whereas: This closing would occur on Wednesday, June 30'
from 9:00 am until 8:00 pm;
and
Now, Therefore, Be It Resolved:
That the Common Council waives the $25.00 charge
associated with the street closing fee because this event is
being co-sponsored by the City of Buffalo.
PASSED
AYES -11 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 Charles A. Chapman
By Councilmember Byron Brown
Felicitation for Joanne Degree
By Councilmember James Pitts
ADOPTED.
NO. 208
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:
1. KIMBERLY CONIDI
2. MARY LOU ALTERI
3. JEFFREY D. COOKE
4. JOY PENDERS
5. DENNIS MANLEY
6. MICHAEL KEARNS
7. JULIE KRUGER
8. Maria Padilla
9. Ivette Corredur
10. Victur franco Jr.
ADOPTED.
NO. 209
BY: MR. ZUCHLEWSKI
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commission of Deeds for the term ending December 31,2000
, conditional upon the person so appointed certifying under
oath to their qualifications and filed same with the City Clerk:
1. NICOLE PENNA
2. DENIS P. COAKLEY
3- JERI RYAN
4. PATRICK RYAN
5. PATRICK RYAN, JR.
6. PAUL KWIATKOWSKI
7. RUSSELL SMITH.
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8. DANIEL RUSIN
9. JOANNE BOLOGNESE
10. PETER G. KARAMANOS, II
11. PAUL RIESTER
12. DAVID L. PENNA
13. DONNA MCCARTNEY HENRY
14. DAVID F. SAJDEK
15, MATTHEW HEUBACHER
16. MARK DEAN LOPEZ
17. SAMUEL J. SMITH
18. BREN IVAN GEORGE
19. DAVID A. COLLINS
20. BERNIE HOWARD
21. SALVATORE HOWARD
22. LAMONT BURLEY
23. DENISE HALL
24. DAVID CRIMMEN
25. AUGUSTINE OLIVENCIA, JR.
26. JOSEPH GALLO
27. THOAS GRANCZYK
28. GRANCISCO PEREZ
29. KEVIN J. BECKER
30. DAVID WALAWENDER
31. PSUL FLANAGAN
32. JOSEPH D. POBLOCKI, JR.
33. DAVID LOCKE, SR.
34. LAURA RIVERA
35.BEATRICE DONOVAN
36. PATRICE HOGAN
37. ANGLO DELMANACO
38. HERBERT ENGLEHARDT
39. MELVYNA MURRAY
40. JAMES DIMARIA
41. DARLENE SIKORSKI
42. SUSAN BROWN
43. GARY PARENTI
44. JANICE TASCA
45. JOSEPH MILKOWSKI
46. STEPHANIE SOCHA
ROBERT WAUGAMAN
RONALD DRUFFIN
DARWIN YOUNG
VIRGIL B. WEATHINGTON II
EMIN EDDIE EGRIU
KENNETH KABACINSKI
KEVIN KANIA
ADOPTED.
UNFINISHED BUSINESS
NO. 210
$1,500.00-D8-ODESSA E. HUNTER (CLAIMS)
(NO. 92, C.C.P. MAY 4,1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Quintana
CARRIED
Mr. Quintana now moved the approval of the above item.
Seconded by Mr. Brown
PASSED
AYES -11 NOES - 0
NO. 211
$3,169.27-D2-WILLIAM BALD (CLAIMS)
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(NO. 139, C.C.P. MAY 18,1999)
Mrs. LoTempio moved that the above item be taken from the
table Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Helfer
PASSED
AYES -11 NOES - 0
NO. 212
BOND RESOLUTION- $200,000-IMPROVEMENTS-MLK
JR. PARK
(NO. 119, C.C.P. MAY 18,1999)
Mrs. LoTempio moved that the above item be taken from
the table. Seconded by Mr. Brown
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Brown
PASSED
AYES -11 NOES - 0
NO. 213
BOND RES - $1,125,000 - DRUG TREATMENT FACILITY
(C.C.P. MAY 18, 1999 ITEM # 120)
Mrs. LoTempio moved that the above item be taken from
the table. Seconded by Ms. Gray
CARRIED
Mrs. LoTempio now made a motion to receive and file said
item.
Seconded by Mr. Manley
PASSED.
AYES-11. NOES-0.
NO. 214
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Council Chambers, l3th floor, City Hall, Buffalo, New
York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, June 8,
1999 at 9:30 o'clock
A.M.
Committee on Finance Tuesday, June 8,
1999 following Civil
Service
Committee on Legislation Tuesday, June 8,
1999 at 2:00 o'clock
P.M.
Committee on Community Development Wednesday, June 9,
1999
at 10: 00 o'clock
A.M.
Committee on Education Yet to be
determined.
Ancillary Meetings
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday, June 2, 1999 at 2:00 o'clock
P.M. in Room 1417 City Hall.
Special Committee on Finance will be meeting on
Wednesday, June 2, 1999 at 11:00 o'clock a.m. in Room
1417.
Special Committee on Super Span Task Force will be
meeting on Thursday, June 3, 1999 at 2:00 o'clock P.M. in
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Room 1417
Claims Committee meeting will be held on Wednesday, June
30, 1999 at 2:00 o'clock P.M. in Council Chambers
Gretchen A. Pound
Council Reporter
NO. 215
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the
Council adjourned at
CHARLES L. MICHAUX, III CITY CLERK
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