HomeMy WebLinkAbout99-0406
99-0406.txt
No. 7
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 6, 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 A. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
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FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard T. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Kevin J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer,
Barbara Miller-Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis A. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, APRIL 6, 1999
AT 2:00 P.M.
PRESENT - Council Members Brown, Fontana,
Franczyk, Coppola, Gray, Helfer, Lotempio, Manley,
Quintana, and Williams -10
ABSENT - Pitts, Zuchlewski
ON A MOTION BY MRS. LOTEMPIO, SECONDED BY
MR. COPPOLA, THE MINUTES OF THE STATED
MEETING HELD ON MARCH 23FROM THE MAYOR -
EXECUTIVE DEPARTMENT
NO. 1
FEDERAL EMERGENCY MANAGEMENT AGENCY -
GRANT
The City of Buffalo Disaster Preparedness Office will
receive a grant of $300,000 from the Federal Emergency
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Management Agency (FEMA). This money will be used for a
Federal program called "Project Impact" which will make
Buffalo a more Disaster-Resistant community.
I request permission to explain this grant and the programs
identified for improvement.
I am also requesting these funds be placed into a special
account for expenditure by the City of Buffalo Disaster
Coordinator.
Mrs. LoTempio moved
That the above communication from the Disaster
Preparedness Coordinator dated March 19, 1999, be
received and filed; and
That the Mayor be, and he hereby is authorized to accept
a grant of three hundred thousand dollars ($300,000) from
the Federal Emergency Management Agency (FEMA). This
money will be used for a Federal program called "Project
Impact". The Comptroller is hereby authorized to create a
special account for expenditure by the City of Buffalo
Disaster Coordinator.
Passed.
AYES-10, NOES-0
NO. 2
NYS EMERGENCY MANAGEMENT OFFICE (SEMO) -
GRANT
The Disaster Preparedness Office will receive a grant of
$10,000 from the NYS Emergency Management Office.
These funds will be used to purchase classroom equipment
for "Project Impact", a federal program designed to make the
City of Buffalo a more disaster-resistant community.
I am requesting these funds be placed into a special
account for expenditure by the City of Buffalo Disaster
Coordinator.
Mrs. LoTempio moved :
That the above communication from the Disaster
Preparedness Coordinator dated March 19, 1999, be
received and filed; and
That the Mayor be, and he hereby is authorized to accept
a grant of ten thousand dollars ($10,000) from the New York
State Emergency Management Office (SEMA). These funds
will be used to purchase classroom equipment for "Project
Impact", a federal program designed to make the City of
Buffalo a more disaster-resistant community. The
Comptroller is hereby authorized to create a special account
for expenditure by the City of Buffalo Disaster Coordinator.
Passed.
AYES-10, NOES-0
FROM THE CITY PLANNING BOARD
NO. 3
765 ELMWOOD AVE. L.P. ALTER EXISTING STORE &
INSTALL OUTDOOR PATIO & CANOPY.
ITEM NO. 66, C.C.P. 3/23/99
The City Planning Board at its regular meeting held
Tuesday, March 30, 1999, considered the matter captioned
above pursuant to Section 413-56, 413-59 and 511-56 of the
Buffalo Code, Awnings, Canopies and Marquees, Sidewalk
Caf6ls and Elmwood Avenue Business District, respectively.
The applicant seeks to install a 9'x43' covered sidewalk
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cafe on the Cleveland St. side and a 9'x43' canopy on the
Elmwood Ave. side of the building, located at 765 Elmwood
Ave., which will encroach the right-of-way. The applicant
also seeks to alter the interior of the building to allow access
to the outdoor patio.
The Planning Board voted to recommend approval of the
proposed alterations, sidewalk cafe and canopy with the
following conditions:
1. outside music in not allowed
2. Closing of the outdoor patio shall be 11pm on weeknights
and 1 am on weekends.
RECEIVED AND FILED
NO. 4
E. C. I. D. A.
620 TIFFT ST.
OUTSIDE STORAGE
ITEM NO. 74, C.C.P. 2/23/99
The City Planning Board at its regular meeting held
Tuesday, March 30, 1999, considered the matter captioned
above pursuant to Section 511-67 of the Buffalo Code,
Buffalo Coastal Special Review District.
The applicant seeks to sub-lease a portion of property,
located at 620 Tifft St., to be use for outside storage of metal
racks.
The Planning Board voted to recommend approval of the
proposed storage yard with the following conditions:
1. No racks can be stored higher than 121
2. No racks can be stored closer than 751 from the from
property line.
3. Additional planting of 2-4 trees along Tifft St. to screen
the storage racks.
RECEIVED .AND FILED
NO. 5
D. BRETT
622 MAIN ST.
AWNINGS IN RIGHT-OF-WAY
ITEM NO. 18, C.C.P. 2/23/99
The City Planning Board at its regular meeting held
Tuesday, March 30, 1999, considered the matter captioned
above pursuant to Section 413-56 of the Buffalo Code,
awnings, canopies and marquees.
The applicant seeks to install two 7'x 16' awnings which
will encroach the right-of-way at 622 Main St. The applicant,
through a telephone message, has withdrawn the
application.
The Planning Board voted to receive and file the proposed
awning encroachments.
RECEIVED AND FILED
NO. 6
KALEIDA HEALTH
300 NIAGARA AND 200 7TH AVE.
REZONE FROM R 5 TO "C2'
ITEM NO. 62 C.C.P. 3/23/99
The City Planning Board at its regular meeting held
Tuesday, March 30, 1999, considered the matter captioned
above pursuant to Section 511-126 of the Buffalo Code,
Procedures for changes and amendments.
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The applicant seeks to rezone the rear portion of 300
Niagara St. and 200 7th
Avenue from R5 to C2 in order to satisfy parking
requirements of the Waterfront Urban Renewal Plan and
future sign considerations for a proposed health care facility.
The Planning Board voted to recommend approval of the
rezoning request.
RECEIVED AND FILED
NO. 7
MARYNER ASSOCIATES
186 EFNER PLACE
5 ROOFTOP ANTENNAS & EQUIPMENT SHELTER
ITEM NO. 63, C.C.P. 3/23/99
The City Planning Board at its regular meeting held
Tuesday, March 30, 1999, considered the matter captioned
above pursuant to Section 511-68 of the Buffalo ode,
Niagara River Coastal Review.
The applicant seeks to erect a 10'x20' equipment shelter
and 5 antennas on a roof of an eight story apartment
building located at 186 Efner Pl. The applicant has been
working with the Office of Telecommunications.
The Planning Board voted to recommend approval of the
proposed equipment shelter and antennas.
REFERRED TO THE COMMITTEE ON LEGISLAITON
NO. 8
L. SINGER
590 KENMORE AVE.
HUMAN SERVICE FACILITY,
HALFWAY HOUSE
ITEM NO. 65, C.C.P. 3/23/99
The City Planning Board at its regular meeting held
Tuesday, March 30, 1999, considered the matter captioned
above pursuant to Section 511-94 and 511-136 of the
Buffalo Code, Halfway house and Use permits required for
human service facilities, respectively.
The applicant seeks to convert a four family dwelling into a
home for 6 developmentally disabled people located at 590
Kenmore Ave.
The Planning Board found no concentration of similar uses
within a « mile radius of the proposed site.
RECEIVED AND FILED
NO. 9
PEACE BRIDGE EASEMENTS
ITEM NO. 146, C.C.P., 10/6/98
ITEM NO. 131, C.C.P., 3/23/99
The Common Council has requested that no further City of
Buffalo approvals be made in association with the current
plan of the Buffalo and Fort Erie Public Bridge Authority
("Public Bridge Authority") to construct a twin companion
bridge linking the United States and Canada. I am writing to
request that the Common Council take formal action to
reverse a prior approval granted by the Council.
In Item No. 146, C.C.P., October 6, 1998, the Common
Council authorized the Mayor to enter into permanent
easement agreements with the Public Bridge Authority for
the construction of the twin bridge. I have been advised by
the Corporation Counsel that the resolution adopted by the
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Common Council, Item No. 131, C.C.P., March 23, 1999,
may not remove the Mayor's authority to execute these
agreements. There is a concern that, absent this action, the
Mayor will be obligated to sign the documents. Given the
tremendous concern over this issue, the Mayor would like
the Council to formally rescind the authorization previously
granted to him in order to comply with the desires of the
citizens of this city and the numerous public officials who are
opposed to the twin bridge.
Thank you for your cooperation and your immediate
action.
RECEIVED AND FILED
FROM THE PRESERVATION BOARD
NO. 10
'B' DISTRICT POLICE PRECINCT
CONSTRUCTION
695-711 MAIN STREET
SEQR NEGATIVE DECLARATION
A Negative Declaration for the above-referenced project is
hereby filed with your office in accordance with Section
617.12 of the New York State Environmental Quality Review
Act.
If you should have any questions, please contact Thomas
W. Marchese, Board Secretary, at 851-5029. Thank you.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 11
ABANDONMENT AND SALE
PORTION OF BEACON, BELL GERMANIA AND THE
SALE OF 6 BELL AND 84 & 86 BEACON
The Comptroller's Office, Division of Real Estate has
received a request from Price Trucking Corp., Mr. John E.
Fritzius, CFO, 67 Beacon Street, P.O. Box 70, Buffalo, New
York 14220 to purchase a number of City owned properties.
The properties in question adjoin Price Trucking's properties.
They would like to purchase these properties in order to
clean-up the area and use for green space.
The properties they are requesting to purchase are as
follows:
1. Portion of Bell Street beginning at the rear of their
property line of 178 Germania (approximately 109' west of
Germania) to the end of the property line of 6 Bell
(approximately 138'west of Hopkins.
2. Portion of Beacon from Abby Street to the end of the
property line of 84 Beacon (approximately 138' west of
Hopkins).
3. Portion of Germania from the south end of Bell to the
north end of Beacon
4. 6 Bell - A vacant lot 30'X 120' located at 138'west of
Hopkins
5. 84 Beacon - Vacant lot 30'x 120 located 138'west of
Hopkins
6. 86 Beacon - Vacant lot 30'X 120' located 168'west of
Hopkins
The Department of Community Development, Public
Works, Buffalo Sewer Authority, Police Department and the
City Planning Board were contacted and it is recommended
that the following conditions are placed on the sale of said
properties:
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1 . A twenty foot (20') wide by six foot (6') high crowned
tree berm be placed and maintained on Price Trucking
property, along the rear property lines of parcels fronting on
Abby Street. Said berm will extend across the right-of-way
of Beacon Street.
2. It is understood that no building, other than the berm will
be constructed on said right-of ways.
3. All three streets contain water mains and active sewers.
Were there are water and sewer facilities and the Division of
Water and the Buffalo Sewer Authority must be given a
minimum of a twenty foot (20') easement centered on their
facilities that grants them full access to maintain and
upgrade their facilities.
4. No permanent structures shall be built upon the Division
of Water and/or the Buffalo Sewer Authority facilities without
prior knowledge and approval from the Division of Water and
the Buffalo Sewer Authority.
5. No connections to the water and/or sewer systems shall
be made without the Division of Water's and the Buffalo
Sewer Authority's approval.
6. Permanent easements, acceptable to any utility
company presently having either overhead or underground
utilities within those public street right-of-way must be
obtained prior to the abandonment.
7. The closing and abandonment of those portions of the
public street in question will not become final and official until
the deed conveying title from the City of Buffalo to the new
owner is filed in the Office of the Erie County Clerk.
Your Honorable Body may authorize the abandonment
and sale of the subject properties 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 properties to Price Trucking Corp. with the
above stated conditions 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
March 23, 1999, be received and filed; and
That the City of Buffalo does hereby abandon a portion of
Beacon, Bell and Germania Streets in accordance Article 27,
Section 513 (Sale of Abandoned Real Property) and 514
(Appraisals) of the Charter of the City of Buffalo; and
That the Comptroller be, and he hereby is authorized to
negotiate a sale with John E. Fritzius, CFO, 67 Beacon
Street, P. 0. Box 70, Buffalo, New York, and report back to
the Common Council with the results of negotiations and
final approval of the abandonment/sale of a portion of
Beacon, Bell and Germania Streets.
PASSED
AYES-10, NOES-0
NO. 12
ACQUISITION OF 17 WELKER FOR THE PROPOSED
APOLLO THEATER RECONSTRUCTION/JEFFERSON
RENAISSANCE PROJECT
The Department of Public Works has requested the
Comptroller's Office, Division of Real Estate to negotiate a
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sale price for the acquisition of 17 Welker. This property is
needed in conjunction with the proposed Apollo Theater
Reconstruction/Jefferson Renaissance Project. They have
indicated that costs for this acquisition will be in the Division
of Buildings Capital Project Fund.
The property in question is a vacant lot located 190' South
of Glenwood Avenue. The subject property has a frontage
of 41' and a depth of 100' more or less.
Two independent appraisers were commissioned by the
Department of Public Works to establish the fair market
value of the property. The appraisals were completed in
accordance with the Eminent Domain Procedure Law. The
highest of the two appraisals was submitted by Mr. Frank
Pirritano, Appraiser. He has estimated the fair market value
of the subject property to be One Thousand One Hundred
Fifty Dollars ($1,150.00).
The results of our negotiations are that we have reached
an agreement with Ms. Angela Tomlinson who is the
executor of Ms. Mary Bobo's Estate (owner of 17 Welker).
Ms. Tomlinson has agreed to sell the subject property to the
City of Buffalo in the amount Two Thousand Dollars
($2,000.00). This agreement is contingent upon final
approval of the purchase price by the Common Council and
the Mayor.
I am recommending that Your Honorable Body approve
the purchase of 17 Welker in the amount of Two Thousand
Dollars ($2,000.00). I am further recommending that the
Corporation Counsel prepare the necessary documents for
the acquisition of the property and that the Mayor be
authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Comptroller's
Office dated April 1, 1999, be received and filed; and
That the Comptroller be and he hereby is authorized to
purchase 17 Welker from Ms. Angela Tomlinson (executor of
Ms. Mary Bobo's Estate) in the amount of two thousand
dollars ($2,000).
That the Corporation Counsel be and he hereby is
authorized to prepare the necessary documents for the
acquisiton and that the Mayor be authorized to execute the
same.
Passed.
AYES-10. NOES-0
NO. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
RESERVE FOR CAPITAL IMPROVEMENTS
DIVISION OF BUILDINGS
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 $160,000 be
transferred and reappropriated from the Reserve for Capital
Improvements, as set forth below:
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $160,000
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $160,000
From:
81-8 Interfund Transfers
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010 - Transfer to Capital Projects Fund $160,000
To:
200 Capital Project Fund
402 - Division of Buildings
063 - Reconstruction of City Owned Swimming & Diving
Pools $160,000
RECEIVED AND FILED
NO. 14
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF BUILDINGS
DIVISION OF DEVELOPMENT
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 $42,500 be
transferred and reappropriated from the Division of Budget
and Management, as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
001 - Planning for Capital Projects $42,500
To:
203 Capital Project Fund
402 - Division of Buildings
014 - Underground fuel tank removal and related work
$25,000
203 Capital Project Fund
717 - Division of Development
503 - Allendale Theater - Continuing Renovations $17,500
RECEIVED AND FILED
NO. 15
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL
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 $17,350 be
transferred and reappropriated within the Common Council,
as set forth below:
From:
100 General Fund
010 - Common Council
004 - Councilmember Coppola
110 - Salary - Regular $10,900
008 - Councilmember Helfer
305 - Meal & Lodging $1,100
011 - Councilmember Manley
302 - Travel $900
305 - Meal & Lodging $1,250
306 - Registration Fees & Dues $ 150
012 - Councilmember Lotempio
302 - Travel $ 900
305 - Meal & Lodging $1,250
306 - Registration Fees & Dues $ 900
To:
100 General Fund
010 - Common Council
001 - Legislative
112 - Temporary Services $17,350
RECEIVED AND FILED
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NO. 16
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF BUILDINGS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $100,000 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Exempt Items -
Reserve for Capital Improvements 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 100-890-050 - Reserve for
Capital Appropriations not otherwise appropriated for any
other purpose. The details of the requirements are set forth
below:
To:
100 General Fund
819 - Exempt Items
842 - Reserve for Capital Improvements $100,000
RECEIVED AND FILED
NO. 17
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
GENERAL CITY REVENUES - REIMBURSEMENTS BULK
GAS PURCHASES
GENERAL CITY CHARGES - GAS
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 $223,809.17 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments in General City
Charges - Gas (100-812- 000-00-223), 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 $223,809.17 in
the General City Revenue account 100-810-402-90050 -
Reimbursement - Bulk Gas Purchases not otherwise
appropriated for any other purpose. The details of the
requirements are set forth below:
TO
100 General Fund
812 - Miscellaneous Charges
223 - Gas $223,809.17
RECEIVED AND FILED
NO. 18
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DEPARTMENT OF HUMAN SERVICES, PARKS AND
RECREATION
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 $865 in the estimates
for the fiscal year beginning July 1, 1998 is necessary in
Appropriation Allotments Department of Human Services,
Parks and Recreation - Division for Youth - Exempt Items to
meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of
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increased appropriation will be met from 100-890050 -
Reserve for Capital Appropriations not otherwise
appropriated for any other purpose. The detail of the
requirements are set forth below:
To:
100 General Fund
50 - Department of Human Services, Parks and
Recreation
6 - Division for Youth
085 - Exempt Items
982 - Operating Equipment $865
RECEIVED AND FILED
NO. 19
REPORT OF AUDIT
ZOOLOGICAL GARDENS AGREEMENT
ITEM NO. 30, C.C.P. 11/04/98
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit
copies of the Zoological Gardens Agreement audit report for
the years ended December 31, 1994 to December 31, 1998.
Summation
Over the five-year period of our review, the Society has
experienced net losses totaling $431,697 for the combined
operating and capital funds. It appears that attendance is
currently declining and that the margin of income revenues,
prior to depreciation expenses, over operating expenses is in
danger of further decline. Also, capital project repairs are
currently needed and are substantial in requested City
funding. It is our opinion that future operations of the
Zoological Gardens will need an increase in funding from
public sources; i.e. City, County and State, to remain viable
and solvent.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
BUFFALO ZOOLOGICAL SOCIETY
NO. 20
RESPONSE TO C.C.P. MARCH 23, 1999
Y2K COMPUTER SYSTEMS
The Comptroller, Joel A. Giambra, has requested that I
respond to the Council Resolution (#124 C.C.P., March 23,
1999) addressing Y2K Computer Systems in the City of
Buffalo. The Data Processing Function of the Audit and
Control Department is continuing its effort to convert all of
the Central Computer Systems to Year 2000 readiness and
will be complete prior to the 1/1/2000.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE PRESIDENT OF THE COUNCIL
NO. 21
INNER HARBOR MEMORANDUM OF UNDERSTANDING
The attached Inner Harbor Memorandum of Understanding
is being riled for Council review and approval.
Last week the Mayor announced the designation of co-
developers, Adelphia and Cordish to provide a plan for the
Inner Harbor.
This M.O.U. will provide the coordination needed among
the property owners in order to develop the plan.
I recommend sending the M.O.U. to the Community
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Development Committee for review and seek approval by
the full Council at its April 20, 1999 meeting.
Please contact myself and David Stebbins with any
questions.
attachment
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMMISSIONER OF ASSESSMENT
NO. 22
CLAUSE GRANTING EXEMPTION COUNTY LEVEL
As you may be aware, the City of Buffalo adopted a local
law pursuant to Real Property Tax Law Section 459(c)
granting a partial real property tax exemption to persons with
disabilities who have limited income. This law became
effective prior to the taxable status date of December 1,
1998 in the City of Buffalo and therefore eligible applicants
will benefit from the tax exemption on the 1999-2000 City tax
bill issued in July 1999.
We are aware and pleased that Erie County is adopting
legislation to exempt on the county level this same class of
property owners, however we would like to point out a
disparity which if left unaddressed will cause undue hardship
to the disabled property owner in the City of Buffalo and to
others similarly situated in other communities.
The proposed county legislation once signed into law will
exempt, commencing with the Erie County fiscal year 2000,
all qualified disabled persons in Erie County except for those
applicants living in the City of Buffalo and certain other
communities. This situation occurs because the legislation
awaiting the signature of the County Executive contains a
clause which makes it effective immediately rather than
retroactively to some earlier date.
Most of the towns and villages in Erie County have taxable
status dates of June 1st which will provide residents with
sufficient time to apply locally for the exemption and
therefore qualify on the county level in the year 2000. For
communities like the City of Buffalo, which have earlier
taxable status dates, those property owners would be
excluded from county exemption in 2000 even though the
City's assessment file utilized to generate the County 2000
bill contained the disability exemption for city and school
purposes.
Therefore a need exists to include a clause granting the
exemption on the county level, to those communities which
have adopted the disability exemption as a local option and
have taxable status, tentative roll and even final roll dates
prior to the passage date of the county legislation, where
that tentative or final roll will be the basis for the Erie County
2000 tax.
I am certain that this situation occurred as a result of the
varying taxable status and roll dates throughout Erie County
and as a result of trying to pass concise but all
encompassing legislation. I am available to further discuss
this matter with you, should you so desire.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS
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NO. 23
REPORT OF BIDS
RECONSTRUCTION OF POOLS
VARIOUS LOCATIONS - 1999
I advertised for on March 9, 1999 and received the
following sealed formal proposals for the Reconstruction of
Pools, Various Locations - 1999, which were publicly opened
and read on March 30, 1999.
General Construction
C. H. Byron Co., Inc. $ 94,800.00
Patterson Stevens $134,085.00
Nichter Associates $134,800.00
Mechanical Work
Numarco, Inc. $ 64,000.00
Colgate Heating No Bid
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following are the
lowest responsible bidders in accordance with the plans and
specifications:
General Construction: C. H. Byron Co., Inc. in the amount
of $94,800.00. Mechanical Work: Numarco, Inc. in the
amount of $64,000.00
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work will be available in
CPF 200-402-063.
Mrs. LoTempio moved:
That the communication from the Department of Public
Works, dated March 31, 1999, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for the Reconstruction of
Pools - Various Locations - 1999 to C. H. Byron Co., Inc. in
the amount of $94,800.00 for general construction and
Numarco, Inc. in the amount of $64,000.00 for mechanical
work, the lowest responsible bidders. Funds for these
projects are available in the CPF #200-402-063.
Passed.
AYES-10, NOES-0
NO. 24
D'YOUVILLE COLLEGE, 320 PORTER AVENUE
CONDUITS WITHIN RIGHT OF WAY
Mr. Marc A. Brunelle, Project Manager for Industrial Power
and Lighting Corporation (IPL), acting as agent for D'Youville
College, has requested permission to install conduit within
City right of way crossing West Avenue and Fargo Avenue.
The Department of Public Works has reviewed this
application pursuant to Chapter 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:
That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
That the conduits are installed a minimum of 36 inches
below the payment surface.
That the applicant supply the Department of Public Works
with a set of "as built" plans showing the location of said
conduits.
That the applicant provide the Department of Public Works
Page 13
99-0406.txt
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 conduits.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 25
ASBURY ALLEY;
ENCROACHMENTS INTO RIGHT OF WAY
ITEM NO. 131, C.C.P. 11/17/98
Mr. Mark Goldman, owner of the Calumet Arts Cafe,
located at 56 West Chippewa Street, has requested
permission to install planters, a marquee, and a door which,
when opened, all encroach City right of way on the Asbury
Alley side of said address.
The proposed encroachments are necessary in order to
establish Asbury Alley as the main entrance to the
restaurant.
The Department of Public Works has reviewed Mr.
Goldman's request, pursuant to Chapters 413-56 (Awnings,
Canopies and Marquees) and 4I3)-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" to Mr. Goldman
provided the following conditions are met:
1. That the marquee be installed in accordance with all
applicable building codes and City Ordinances, and that the
applicant obtain a building permit for said marquee.
2. That the applicant be responsible for maintenance of
Asbury Alley including snow removal.
3. That the proposed encroachments are approved by the
City Planning Board.
4. In the event that the Commissioner of Public Works
determines the encroachments must cease as a result of
factors effecting the health, safety and welfare of the public,
or the needs of the City, the Commissioner of Public Works
may order the immediate removal of said encroachments as
described in Chapter 413-67 (E) of the City Ordinances.
5. That the applicant supply the Department of Public
Works with a construction in street bond and certificate of
insurance, in an amount deemed sufficient by the
Corporation Counsel, which will indemnify and save
harmless the City of Buffalo against any and all loss or
damage caused by the installation, use or removal of said
encroachments.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 26
765 ELMWOOD AVENUE;
ENCROACHMENTS WITHIN
RIGHT OF WAY
Mr. Govindan Kartha, President of New World Record and
Mr. Mike Moran, President of Spot Coffee have requested
permission to encroach City right of way at the property
owned by them and located at 765 Elmwood Avenue. The
proposed encroachments include a sidewalk cafe and
planters on the Cleveland Avenue side of the property and
benches and a large metal canopy with support posts on
Elmwood Avenue.
Page 14
99-0406.txt
The Department of Public Works has reviewed this request
pursuant to Chapters 413-59 (Sidewalk Cafes), 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 encroachments provided the following conditions are
met:
1. That the metal canopy with support posts on Elmwood
be installed in accordance with applicable building codes
and City Ordinances, including the need for rain gutters.
2. That the sidewalk cafe be installed in accordance with
Chapter 413-59 (Sidewalk Cafes) of the City Ordinances
including the obtaining of a license at a cost of $1.35 per
square foot of right of way occupied per year.
That the applicant be responsible for relocation of any
existing underground utilities effected by said
encroachments.
4. In the event that the Commissioner of Public Works
determines the encroachments must cease as a result of
factors effecting the health, safety and welfare of the public,
or the needs of the City, the Commissioner of Public Works
may order the immediate removal of said encroachments as
described in Chapter 413-67 (E) of the City Ordinances.
5. That the applicant supply the Department of Public
Works with a construction in street bond and certificate of
insurance, in an amount deemed sufficient by the
Corporation Counsel, which will indemnify and save
harmless the City of Buffalo against any and all loss or
damage caused by the installation, use or removal of said
encroachments.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 27
577 FOREST AVENUE
REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE
AND AWNING WITHIN CITY RIGHT OF WAY
Mr. Vasilis Panagropoulos, Owner of Plate-Oh's
Restaurant, located at 577 Forest Avenue, has requested
permission to install a sidewalk cafe and awning which
would encroach City right-of-way at said address.
The proposed cafe would measure twenty four feet (24') in
length and project six and one half feet (6'.5") from the
building face into City right-of-way.
The Department of Public Works has reviewed Mr.
Panagropoulas' application pursuant to Chapters 413-59
(Sidewalk Cafes) and 413-56 (Awnings, Canopies and
Marquees) 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 and awning 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 and awning 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 four feet
(24') in length or extend more than six and one half feet
(6'.5") 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.
Page 15
99-0406.txt
5. That the sidewalk cafe be completely removed from City
right-of-way from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of $1.35
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
darnage 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. 28
2381 FILLMORE AVENUE
LOADING DOCK WITHIN
RIGHT OF WAY
Mr. Joseph J. Emmerfing, CPA, Vice President of Finance
and Chief Financial Officer for Kaufman's Bakery Inc.,
located at 2') 81 Fillmore Avenue, has requested permission
to install a loading dock within City right of way at said
address.
The proposed loading dock would be located on the
Rockwood Street side of the property measuring 33 feet in
length and projecting 12 feet from the building face into City
right of way.
The Department of Public Works has reviewed Kaufman's
Bakery's request pursuant to Chapter 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 permits
necessary.
2. That the loading dock 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 relocation of any
existing underground utilities effected by said installation.
4. In the event that the Commissioner of Public Works
determines the encroachment must cease as a result of
factors effecting the health, safety and welfare of the public,
or the needs of the City, the Commissioner of Public Works
may order the immediate removal of said encroachment as
described in Chapter 413-67 (E) of the City Ordinances.
5. That the applicant supply the City of Buffalo with a
$5,000.00 construction in street bond 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 loading dock.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 29
CHANGE IN CONTRACT
APOLLO THEATER RECONSTRUCTION
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Apollo Theater Reconstruction, General
Page 16
99-0406.txt
Construction, C. Nichter, Inc., C #91980200. All of these
items are a result of the deteriorated condition of the existing
building that was discovered after construction began on the
facility.
1. Remove and rebuild deteriorated bearing pads and
repair crack in the shoe store south wall. Add $ 9,586.00
2. Replace areas of deteriorated wood roof deck near
south-west corner discovered when ceiling was removed.
Add $ 3,899.00
3 Furnish and install load bearing metal studs to support
spliced wood roof joists found after ceiling was removed.
Add $ 1,427.00
4. Remove deteriorated gypsum marquee roof deck and
install 1 « metal roof deck. Add $ 2,349.00
5. Point an open masonry joint along the south wall of the
lobby found when the former shoe store roofing was
removed. Add $564.00
6. Replace deteriorated wood roof deck and reinforce
wood joists over former south store found when the roofing
was removed. Add $ 2,372.00
7. Remove a cement asbestos pipe flue not included in the
original abatement work in the contract. Add $593.00
8. Provide a foundation at the main entrance found not to
be there when the floor slab was removed. Add $ 3,307.00
9. Provide new concrete pier below north end of existing
15" 1-beam. Add $575.00
10. Modify existing beam for overhead door 31 lintel. Add
$668.00
11. Remove existing exterior deteriorated masonry walls on
the north, east facades and the perimeter of the second
level; add structural framing to support the existing roof
areas; and rebuild the removed walls with cold formed metal
framing. Add $136,500.00
The foregoing change results in a net increase in the
contract of One Hundred Sixty One Thousand Eight Hundred
Forty and 00/100 Dollars ($161,840.00).
Summary: Original Amount of Contract $1,902,230.00
Amount of This Change Order (No. 1) Add $ 161,840.00
Revised Amount of Contract $2,064,070.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Robert Traynham Coles, Architect, P.C.) and the
Department of Public Works and found to be fair and
equitable. Funds for this work will be charged to CPF 203-
402-505 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the Communication from the Department of Public
Works, dated March 29, 1999 be and hereby is Received
and Filed.
That the Commissioner of Public Works be and he hereby
is authorized to issue change order No. 1 to C. Nickter, Inc.
in the amount of $161,840 for Apollo Theater
Reconstruction, General Construction, C# 91980200. Funds
for this work shall be charged to CPF 203-402-505-Division
of Buildings.
PASSED
AYES - 10 NOES - 0
NO. 30
CHANGE IN CONTRACT
Page 17
99-0406.txt
RECONSTRCUTION OF POLONIA HALL
MECHANICAL WORK
I hereby submit to Your Honorable Body the following
changes for the Reconstruction of Polonia Hall, Mechanical
Work, Mollenberg Betz, Inc., C #91977600.
1. Modify the support for the gymnasium exhaust fans to
accommodate the new replacement units and glass block
windows. Add $ 986.00
The foregoing change results in a net increase in the
contract of Nine Hundred Eighty Six and 00/100 Dollars
($986.00).
Summary: Original Amount of Contract $ 37,000.00
Change Order No. 1 (CCP 10/20/98, #30) Add $3,960.00
Amount of This Change Order (No. 2) Add $986.00
Revised Amount of Contract $40,946.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Ronald W. Bugaj, Architect) and the [Department
of Public Works and found to be fair and equitable. Funds
for this work are available in CPF 203-402-501 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated February 22, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby
is, authorized to issue change order No. 2, to Mollenberg
Betz, Inc., an increase in the amount of nine hundred eighty-
six dollars ($986.00), as more fully described in the above
communication, for the reconstruction of Polonia Hall,
Mechanical Work, - C 91977600. Funds for this project are
to be charged to CPF 203-402-501 - Division of Buildings.
Passed.
AYES-10, NOES-0
NO. 31
DENIAL OF CONSTRUCTION PERMIT FOR TWIN SPAN
PEACE BRIDGE
ITEM NO. 131, C.C.P. 3/23/99
As part of the referenced resolution, this department was
asked to work with the Department of Community
Development to conduct an independent environmental
impact study. We estimate the cost of such a study at $1
million. Such an amount is not available through our Current
budget. If Your Honorable Body wishes to conduct an EIS, I
suggest the funds be appropriated in the 19992000 Capital
Budget.
REFERRED TO THE TASK FORCE ON SUPERSPAN
NO. 32
LEASE ASSIGNMENT
BURA TO CITY OF BUFFALO
BUFFALO CHARTERS INC.
In conjunction with anticipated construction of the Inner
Harbor Project vessels associated with Buffalo Charters Inc.
(Miss Buffalo I, Miss Buffalo II and Niagara Clipper) will be
forced to relocate from their present location to an area north
along the seawall at the Erie Basin Marina.
On March 19, 1999, Joseph E. Ryan, Vice Chairman
Page 18
99-0406.txt
BURA, assigned the current lease with Buffalo Charters Inc.
to the Department of Public Works. The lease is in effect
until 2002 at which time it is anticipated that the vessels will
be relocated to new permanent docks at Inner Harbor.
Terms of lease involve monthly payments of $1,598.20 from
May 1 to October 31 for each calendar year. These funds
will be deposited into our current Marina Revenue Account
100-402-401-92064.
Permission is being requested from your Honorable Body for
approval of the lease assignment from BURA to the
Department of Public Works along with all associated rights,
duties and obligations.
Mrs. Lotempio moved:
That the above communication from the Department of
Public Works dated March 31, 1999, be received and filed;
and
That the Commissioner be, and he hereby is authorized to
amend the Lease Agreement between the Department of
Public Works and Buffalo Charters, Inc. The lease is in
effect until 2002 at which time it is anticipated that the
vessels will be relocated to new permanent docks at Inner
Harbor. Terms of the lease involve monthly payments of
$1,598.20 from May 1 to October 31 for each calendar year.
These funds will be deposited into our current Marina
Revenue Account 100-402-401-92064.
Passed.
AYES-10, NOES-0
NO. 33
NIAGARA MOHAWK OVERCHARGES -
VARIOUS ACCOUNTS
As requested by Your Honorable Body, the attached
invoices were processed through the City's Account
Receivable System.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION ON ELECTRICAL SERVICES
NO. 34
PERMISSION TO ACCEPT GRANT
PARKSIDE LODGE RESTORATION
The City of Buffalo has made application for, and received
approval of, a matching grant from the New York State office
of Parks, Recreation and Historic Preservation, in the
amount of $150,000 of the Parkside Lodge Restoration.
With you approval, these funds will be combined with City
of Buffalo bond funds already in existence in CBF #203-402-
503-00-000 for this restoration.
Mrs. Lotempio moved:
That the above communication from the Department of
Public Works, dated March 22, 1999, be received and filed;
and
That the Mayor be, and he hereby is authorized to accept
a grant of one hundred fifty thousand dollars ($150,000) from
the New York State Office of Parks, Recreation and Historic
Preservation. These funds will be used for the Parkside
Lodge Restoration. The Comptroller is hereby authorized to
combine these funds with the account already in existence in
CBF #203-402-00-000 for this restoration.
Passed.
AYES-10, NOES-0
Page 19
99-0406.txt
NO. 35
REQUEST PERMISSION TO ACQUIRE 533 MILITARY
ROAD MILITARY ROAD RECONSTRUCTION PROJECT
AND NORTHWEST ACADEMY
The Department of Public Works has been advised by our
consultant engineers that in order to proceed with the
realignment of Race Street, as required by both the
construction of the new Northwest Academy and the
reconstruction of Military Road, it will be necessary for the
City of Buffalo to acquire a portion and or all of the privately
owned parcel on the northeast corner of Race Street and
Military Road. The parcel in question is reputedly owned by
Damiano Capazzi and Wife and is identified as 533 Military
Road (SBL number 7759-0000-10181 00). The parcel has a
frontage of 142 feet on Military Road and 127 feet on
present Race Street. Present Race Street has substandard
right-of-way width of only 33 feet.
The present intersection of Race Street and Military Road
does not conform to present-day geometries or safety design
standards. Our consultant recommends that the City acquire
a portion or the entire parcel of land known as 533 Military
Road in order to provide an adequate area for the design of
a safe and proper intersection taking into account truck
traffic at American Brass and additional traffic that will be
generated by the new Northwest Academy. Any portion of
the parcel that will not be necessary for the redesign of the
intersection will be designated as surplus land and can then
be offered for sale.
I am therefore requesting your Honorable Body to direct
the Comptroller of the City of Buffalo to enter into negotiation
with the reputed owners for the sale of the property known
as 533 Military Road. Funds for the purchase of the property
are available in Bond Fund 202-401-003.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 36
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
AND ADVERTISE FOR PROPOSALS FOR THE
GRANT/FERRY IMPROVEMENTS - PHASE II - 1999
GROUP #496
I hereby request permission from your Honorable Body to
prepare plans, specifications and advertise for sealed
proposals for the project specified below:
1. Grant/Ferry Improvements - Phase II - 1999, Group
#496.
This project will include partial replacement of curbs and
sidewalks on Grant Street between Hampshire and Forest,
and installation of paved crosswalks at the intersection of
Grant and West Ferry Streets. Estimated cost for this work
is $250,000.00.
This project was approved as part of the 1998-1999
Capital Improvements Budget and funds are available in
account #203-401-008.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated March 24, 1999, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to prepare plans, specifications and advertise
for sealed proposals for the Grant/Ferry Improvements
Phase II - 1999, Group #496. This project will include partial
replacement of curbs and sidewalks on Grant Street
Page 20
99-0406.txt
between Hampshire and Forest, and installation of paved
crosswalks at the intersection of Grant and West Ferry
Streets. Estimated cost for this work is $250,000.00. This
project was approved as part of the 1998-1999 Capital
Improvements Budget and funds are available in account
#203-401-008.
Passed.
AYES-10, NOES-0
NO. 37
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
AND ADVERTISE FOR PROPOSALS FOR THE
RECONSTRUCTION OF CURBS & SIDEWALKS CITY
WIDE - 1999 GROUP #493
I hereby request permission from your Honorable Body to
prepare plans, specifications and advertise for sealed
proposals for the Reconstruction of Curbs & Sidewalks - City
Wide 1999, Group #493.
This project is included in the 1998-99 Capital
Improvements Budget and will involve the replacement of
deteriorated curbing, sidewalk and associated items.
Funds for this project are available in the Infrastructure
Improvements Bond 98-99 Capital Account: #203401-00800-
000.
The Engineers Estimate is $900,000.00.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated March 31, 1999, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to prepare plans, specifications and advertise
for sealed proposals for the Reconstruction of Curbs &
Sidewalks - City Wide 1999, Group #493. Funds for this
project are available in the Infrastructure Improvements
Bond 98-99 Capital Account #203-401-008-00-000.
Passed.
AYES-10, NOES-0
NO. 38
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
AND ADVERTISE FOR PROPOSALS FOR THE
CONSTRUCTION OF CURBS & SIDEWALKS ON
ONTARIO STREET - BEATRICE TO PHILADELPHIA -
PHASE II GROUP #479
I hereby request permission from your Honorable Body to
prepare plans, specifications and advertise for sealed
proposals for the Construction of Curbs & Sidewalks on
Ontario Street - Beatrice to Philadelphia, Group #479.
This project is included in the 1998-99 Capital
Improvements Budget and will involve the replacement of
granite curb, concrete sidewalk, signage upgrading along
with associated items.
Funds for this project are available in the Infrastructure
Improvements Bond 98-99 Capital Account #203-401-
00800-000.
The Engineers Estimate is $350,000.00.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated March 30, 1999, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to prepare plans, specifications and advertise
Page 21
99-0406.txt
for sealed proposals for the Reconstruction of Curbs &
Sidewalks on Ontario Street - Beatrice to Philadelphia,
Group #479. The Engineers estimate is $350,000.00. Funds
for this project are available in the Infrastructure
Improvements Bond 98-99 Capital Account #203-401-008-
00-000.
Passed.
AYES-10, NOES-0
NO. 39
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
AND ADVERTISE FOR PROPOSALS FOR THE
REPLACEMENT OF TREE ROOT DAMAGED SIDEWALK
CITY WIDE - 1999 GROUP #492
I hereby request permission from your Honorable Body to
prepare plans, specifications and advertise for sealed
proposals for the Replacement of Tree Root Damaged
Sidewalks City Wide - 1999, Group #492.
This project is included in the 1998-99 Capital
Improvements Budget and will involve the replacement of
"tree root damaged" sidewalk along with associated items.
Funds for this project are available in the Infrastructure
Improvements Bond 98-99 Capital Account 9203-401-
00800-000.
The Engineers Estimate is $600,000.00
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated March 31, 1999, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to prepare plans, specifications and advertise
for sealed proposals for the Replacement of Tree Root
Damaged Sidewalks City Wide - 1999, Group #492. The
Engineers estimate is $600,000.00. Funds for this project
are available in the Infrastructure Improvements Bond 98-99
Capital Account #203-401-008-00-000.
PASSED.
AYES-10, NOES-0
NO. 40
PERMISSION TO PREPARE PLANS & SPECIFICATIONS
AND ADVERTISE FOR PROPOSALS FOR THE
SOLDIERS CIRCLE CURB & RENOVATION PROJECT
GROUP 4494
I hereby request permission from your Honorable Body to
prepare plans, specifications and advertise for sealed
proposals for the Soldiers Circle Curb & Renovation Project,
Group #494.
This project is included in the 1998-99 Capital
Improvements Budget and will involve the replacement of
granite curbing, installation of decorative stone sidewalks,
landscaping and associated items.
Funds for this project are available in the Infrastructure
Improvements Bond 98-99 Capital Account #203-401-
00800-000.
The Engineers Estimate is $40,250.00.
Mrs. Lotempio moved:
That the communication from the Department of Public
Works, dated March 30, 1999, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to prepare plans, specifications and advertise
Page 22
99-0406.txt
for sealed proposals for the Soldiers Circle Curb &
Renovation Project, Group #494. The Engineers estimate is
$40,250.00. Funds for this project are available in the
Infrastructure Improvements Bond 98-99 Capital Account
#203401-008-00-000.
Passed.
AYES-10, NOES-0
NO. 41
CERTIFICATE OF APPOINTMENT
Appointment Effective April 19, 1999 in the Department of
Public Works Division of Water to the Position of Teller
Permanent Promotion at the fourth Step Starting Salary of
$26,364.00
Tracy Nikel, 120 Fredro Street, Buffalo, 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 42
CERTIFICATE OF APPOINTMENT
Appointment Effective March 29, 1999 in the Department
of Public Works Division of Buildings to the Position of
Laborer I Temporary, Non-Competitive, at the Maximum,
Starting Salary of: $10.86
William M. Finnegan, 188 Columbus Avenue, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 43
OPERATION SAVE AMERICA
ITEM #150 C.C.D. MARCH 9,1999
The Buffalo Police Department has been working with
other law enforcement agencies from Western New York on
a coordinated plan in response to the expected
demonstrations in April, 1999.
The sites, dates and duration are under the control of the
demonstrators. The Buffalo Police are preparing a response
based upon what we believe may happen. The Corporation
Counsel has contacted all the identified groups regarding the
Special Event Permits. The Department is working with the
Law Department, Public Works, Fire Department, Parking
Enforcement and the Board of Education. Along with these
city agencies, we are preparing a response along with New
York State Police, Erie County Sheriff s, Amherst,
Cheektowaga, Tonawanda, FBI, ATF, US Marshalls, US
Postal Service, US Attorney's Office, State Attorney
Generals Office and the District Attorney Office.
We are preparing a response to deal with these events,
when and where they occur. We are also working with the
Fire Department, Public Works and Parking Enforcement to
provide a response to any quality of life issues which may
arise in the areas surrounding any demonstrations. Our goal
is to maintain order and protect our citizens. Without getting
into details we believe the last two months and the next 30
days planning along with the support of all Law Enforcement
from Western New York will provide the adequate police
response to the demonstrations.
REFERRED TO THE COMMITTEE ON LEGISLATION
Page 23
99-0406.txt
FROM THE COMMISSIONER OF FIRE
NO. 44
RESOLVE ISSUES- Y2K PROBLEM
In order to comply with the resolution concerning the
notification about the anticipated Y2K "millenium bug", the
Fire Department has identified the following and resolved the
issues as stated.
RADIO SYSTEMS
The administration has assisted the Department with
replacing the whole radio infrastructure. There were pieces
of equipment that were so old the manufacturers could not
tell us if there would be failures. In some cases the
manufacturers were out of business. Since the FCC was
requiring all users to move to a new radio technology by
2002, and because the old VHF radio system was put in
1953, it was deemed more advisable to replace everything
and move up to the UHF radio spectrum while we were at it.
This also puts all City agencies but the Water Department on
the same radio band. The equipment purchased was
certified Y2K compliant and will be installed, tested and
functional before Dec. 31". This includes all new base
stations, portables, consoles and receivers.
COMPUTER AIDED DISPATCH (CAD)
The main servers and PC's that comprise the hardware of
the Computer Aided Dispatch (CAD) system at the Alarm
Office have been certified or tested for Y2K compliance.
The servers (HP3000) have been updated with the latest
operating system software by Hewlett Packard and are
tested and certified compliant. The record-keeping server
(HP Netserver 6/200) has been checked and software
required to ensure compliance will be purchased July 1st
provided the funding requested is forthcoming. The
Computer Aided Dispatch software from Public Safety
Systems Inc. has been updated, tested and certified for
compliance. Hubs, routers and switches that comprise the
LAN used at the Alarm Office have been certified for
compliance.
PERSONAL COMPUTERS
Not all the Department's PC's have been tested for
compliance as yet. There are PC's around the Department
other than those that make up the CAD system that will have
various problems that need to be addressed. Arrangements
are being made to have them all tested by the end of April.
In anticipation of problems we already know about, such as
old copies of word processing and other user applications,
we have asked for funding in the upcoming budget to correct
them.
EMERGENCY POWER
The emergency generator at the Alarm Office, 332 Ellicott
St. uses an electromechanical timer and as such is immune
from the Y2K problem. As far as problems anticipated with
possible loss of power at Fire Stations, many fire companies
in the Department have portable electric generators that can
be used to power station house receivers and portable radio
batteries. This should not be necessary since Niagara
Mohawk does not believe it will have anything more than
isolated outages. Like it would during any storm.
TELEPHONE COMMUNICATIONS
The Fire Department has it's own telephone system in
addition to the Centrex service provided to some of our
facilities by Bell Atlantic. We have assumed that they will be
ready for January 1st. Our own electronic switch is in the
Page 24
99-0406.txt
process of being upgraded for compliance. We have funding
and the vendor has been contacted. We anticipate
compliance on this equipment by the end of the summer.
The County has been working with Bell Atlantic to ensure
compliance for all the E-9-1 -1 equipment used at our Alarm
Office.
FIRE ALSIRM SYSTEMS
All the fire alarm receiving equipment at the Alarm Office
has been tested and the current Budget request for funds
that ensure compliance addresses the hardware and
software upgrades required to guarantee full functionality.
Individual interior fire alarm systems in various City buildings
are maintained by Public Works and any testing and
evaluation on these systems is their responsibility.
EMBEDDED ELECTRONICS
It is impossible to determine exactly how many problems
will occur due to electronic "chips" or integrated circuits that
are part of electronic equipment in use by the Department.
Systems or equipment that have no clock that can be set
cannot be tested and if the manufacturers don't know if there
are any problems we will have to wait for 12 midnight on
December 31st of this year.
The Fire Department Communications Division has been
working on the Y2K problem for the last three years. We
believe that all is being done to ensure compliance. Much of
our final readiness will rest with the current Budget requests
for fiscal 99/00. If we get all the funding requested, we
believe we will be ready.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CORPORATION COUNSEL
NO. 45
MUHAMMADS MOSQUE;#23
C.C.P., 3/23/99, NO. 57
The religious corporation in question, Muhammads
Mosque #23, did not apply for tax exemptions for property
located at 5 Walden and 17 Walden for the 1992-93 through
and including the 1994-95 tax years. Exemptions for the two
properties were granted when applied for in November, 1994
for the 1995-96 tax year.
The corporation's attorney Franklin Pratcher now asks by
letter dated March 12, 1999 that the taxes paid by
Muhammads Mosque #23 for the tax years prior to
application for exemption be refunded.
The corporation was free to apply for religious exemptions
for the earlier years and failed to do so. There is no
provision in the Real Property Tax Law allowing the
Department of Assessment to go back five, six and seven
years to refund taxes on the basis of an exemption which
was not applied for. Mr. Pratcher's letter states that "the
Corporation has been misinformed that it needed 501-C3
status in order to qualify for the exemption." The letter does
not blame the Department of Assessment for this
misinformation, and from the facts as put forth in the letter it
appears that the corporation has no valid claim against the
City.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 46
FORECLOSURE FEE
ITEM NO. 144, C.C.P., 3/23/99
Page 25
99-0406.txt
You have requested a response from the Law Department
regarding the options of the Common Council for waiving or
reducing the $450.00 foreclosure fee.
The foreclosure fee is imposed to allow the City to recoup
the costs incurred by the City including mailing, notice
publication, title searches and other expenses created by the
foreclosure action. Every parcel on the In Rem list is
thoroughly processed when it is foreclosed upon. The Real
Property Tax Law ("RPTL") makes those expenses a part of
the tax bill. Section 1102 of the RPTL states that those
charges "...shall be deemed a part of the delinquent tax for
purposes of redemption." Once imposed, the City cannot
generally waive the fee as it would be illegal without
adequate consideration. It has been well established that
the Common Council cannot waive taxes because to do so
would constitute a gift of public funds in violation of the
Constitution of the State of New York.
The foreclosure fee is provided pursuant to State law and
the Common Council does not have the power or authority to
waive or reduce the fee.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 47
DELAWARE PARK BASEBALL
DIAMOND IMPROVEMENTS
I hereby request permission to take bids for the above
project; and have asked for and received the following bids
for Delaware Park Baseball Diamond Improvements:
Company
Johnstone Landscaping $13,360
Gleason's Nursery $13,8S6
Village Green Landscaping No Bid
I hereby certify that the foregoing is a true and correct
statement of the bids received. We are accepting the low
base bid of $13,360. Therefore, Johnstone Landscaping,
2508 Stony Point Road, Grand Island, New York, 1407S, is
the lowest responsible bidder in accordance with the plans
and specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work
on the basis of the low bid. Funds for this work are available
in Bond Fund Account 203-717-003.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated March 30, 1999, be received
and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to award a contract for
Delaware Park Baseball Diamond Improvements to
Johnstone Landscaping, 2508 Stony Point Road, Grand
Island, New York, the lowest responsible bidder, in the
amount of $13,360.00. Funds for the project are available in
Bond Fund Account 203-717-003.
Passed.
AYES-10, NOES-0
NO. 48
Page 26
99-0406.txt
240 KENSINGTON AVENUE
ENVONRONMENTAL INVESTIGATION
(FORMER HEWITT-ROBINS PROPERTY)
The Department of Community Development hereby
requests permission to take bids for the above project, and
has asked for and received the following bids for the 240
Kensington Avenue environmental investigation on March
23, 1999:
Company Bid
Panamerican Environmental $18,715
Watts Engineering $17,410
Vanase Hagen Brustlin, Inc. $25,590
Acres International $17,175
Benchmark Engineering $15,199
I hereby certify that the foregoing is a true and correct
statement of the bids received. We are accepting the low
base bid of $15,199. Therefore, Benchmark Engineering &
Environmental Sciences, PLLC, 50 Fountain Plaza, Suite
1350, Buffalo, New York 14202, is the lowest responsible
bidder in accordance with the plans and specifications.
I recommend that your Honorable Body authorize the City
to order the work on the basis of the low bid. Funds for this
work are available in Bond Fund Account 202-717-005.
Mrs. Lotempio moved:
That the communication from the Commissioner of
Community Development, dated April 1, 1999, be and
hereby is received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to award a contract for the 240
Kensington Avenue (former Hewitt-Robins Property) -
Environmental Investigation Contract to Benchmark
Engineering & Environmental Sciences, PLLC, 50 Fountain
Plaza, Suite 1350, Buffalo, New York 14202, the lowest
responsible bidder in the amount of $15,199.00. Funds for
this work are available in Bond Fund Account #202-717-005.
Passed.
AYES-10, NOES-0
NO. 49
CONTRACT #91978500 - CHANGE ORDER #1
TOW PATH PARK - PHASE 1
VISONE CONSTRUCTION, INC.- CONTRACTOR
I hereby submit to Your Honorable Body the following
changes for the above referenced construction contract at
Tow Path Park. I request the items listed below be deleted
and added to the above referenced contract in the form of
Change order #1. Therefore, due to unforeseen
contingencies, we recommend, Change Order #1 be
approved to Visone Construction and their contract
#91978500 be amended to reflect these changes.
Item Description Amount
#1 Remove top of concrete vault, break up bottom and
backfill with clay. $ 2,950.00
#2 Delete the installation of the Halophane luminaire
and associated wiring. $5,400.00)
#3 Saw cutting and grouting of additional control joints
in the concrete promenade. 325.00
#4 Supply and install 15 line ft. of boulders. 450.00
#5 Removal of under ground concrete structure to two
(2) feet below finished grade at entrance. 680.00
# 6 poxy, patch w/concrete spawled areas along seawall. P
Page 27
99-0406.txt
280.00
# 7 Supply & place 3 boulders at Park entrance. 150.00
#8 Supply & install 30 additional feet cable guide rail.
$435.00
#9 Additional costs related to subsurface conditions while
installing the wood fence. $2,057.84
#10 Additional costs related to subsurface conditions while
installing the cable guide rail. $1,627.44
#11 Additional costs related to subsurface conditions while
installing the light standard bases. 844.91
#12 Add. cost related to subsurface conditions while
installing the elec. conduit for the light standards. $575.00
#13 Additional costs related to subsurface conditions site
preparation. $1,097.15
TOTAL CHANGE ORDER: $6,072.34
Original Contract Amount: $318,100.00
Change Order #1: 6,072.34
Revised Contract Amount: 324,172.34
These additional costs and credits have been reviewed by
this Division and the consulting Landscape Architect
WENDEL, and are found to be fair.
I request that Your Honorable Body authorize the
Commissioner of Community Development to issue a
change order to the contractor on the basis of the above.
Funds for the work of this change order will be made
available in the City Bond Fund Account #203-717-501 for
this project.
Mrs. Lotempio moved:
That the communication from the Department of
Community Development, dated April 6, 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
Visone Construction, an increase in the amount of
$6,072.34, as more fully described in the above
communication, for work relating to the Tow Path Park
Phase I, C 91978500. Funds for this project are to be
charged to City Bond Fund Account #203717-501.
Passed.
AYES-10, NOES-0
NO. 50
CHANGE IN CONTRACT 91993500
SCHOOL #62 COMMUNITY CENTER
PLUMBING 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 91993500 with MKS Plumbing
Corporation:
Add A Roof Drain in Kitchen Area ADD $1,376.00
Add Extra Gas Piping as Required ADD $1,152.00
Add Additional Underground Sanitary
Sewers with Required Patching ADD $12,475,94
Total ADD $15,003.94
Contract Summary:
Original Contract Amount $213,000.00
Change Order No. I (This Increase) $ 15,003.94
New Contract Amount $228,003.94
These costs have been reviewed by Stievater and
Associates, project architectural consultants. Funds for this
extra work are available in C.P.A. 203-717-502.
I recommend that Your Honorable Body authorize the
Page 28
99-0406.txt
Commissioner of Community Development to issue a
change order to MKS Plumbing Corporation, as set forth
above.
Mrs. Lotempio moved:
That the communication from the Department of
Community Development, dated March 29, 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 Corporation, an increase in the amount of
$15,003.94, as more fully described in the above
communication, for work relating to the School #62
Community Center - Plumbing Work, C 91993500. Funds
for this project are to be charged to C. P. A. #203-717-502.
Passed.
AYES-10, NOES-0
NO. 51
ENVIRONMENTAL CONTAMINATION
REMOVAL AT FRANCZYK PARK:
REMEDIAL DESIGN PHASE
The Environmental Office continues activities to protect
public health and safety from any possible danger
associated with two localized spots of arsenic contamination
in Franczyk Park. Background is detailed in No. 143, C.C.P.
December 1, 1998, "Ensure Safety of Franczyk Park".
The last round of 100 samples has confirmed that the
arsenic contamination is limited to the two smaller fenced
portions on the Park's margin. The vast majority of the Park
is safe for public use.
In order, however, to ensure that the full Park is restored, it
will be necessary to remove contaminated soil from the two
more limited portions of the Park.
Accordingly, the Department of Community Development
hereby requests additional funds to contract for remedial
engineering design work. It is estimated that no more than
$25,000 will be required. Funds for this activity are available
in City Bond Fund Account No. 202-717-005. Common
Council approval will be appreciated in this regard.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated April 1, 1999, be received
and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to appropriate and contract for
remedial engineering design work at Franczyk Park in an
amount not to exceed twenty-five thousand ($25,000).
Funds for this project are to be charged to City Bond Fund
Account No. 202-717-005.
Passed.
AYES-10, NOES-0
NO. 52
POOL REHABILITATION - MARTIN
LUTHER KING, JR. PARK
SEQR NEGATIVE DECLARATION
A Negative Declaration for the above-referenced project is
hereby filed with your office in accordance with Section
617.12 of the New York State Environmental Quality Review
Act.
Page 29
99-0406.txt
If you should have any questions, please contact Gregory
Bernas in the Division of Planning at 851-5083. Thank you.
RECEIVED AND FILED
NO. 53
PURCHASE OF DELAWARE AVENUE ASHBURY
CHURCH
CCP # 157, MARCH 9, 1999
In response to the above stated Common Council
Communication, I would like to supply your Honorable Body
with the following information. The Division of Real Estate
has been requested by the above stated Resolution to
proceed with the purchase agreement to acquire the
Delaware Avenue Ashbury Church. I am pleased to inform
your Honorable Body that we in the Department of
Community Development are in support of this action and
look forward to the re-development of this property. It is my
sincere hope that this response satisfies your inquiry.
RECEIVED AND FILED
NO. 54
RESPONSE REGARDING HOUSING
ACCOMPLISHMENTS/STATUS & DEMOLITIONS FOR
1998 & 1997
Per the request for the Common Council, I have listed a
status of 1997/1998 activities for the Department of
Community Development as follows:
Please see the report filed in the City Clerks Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 55
RESULT OF NEGOTIATIONS
624 WEST DELAVAN, 1501 E ELMWOOD
LOT SIZE: 45' X 160'
ASSESSED VALUATION: LAND: $18,700
IMPROVEMENT: $66,300 TOTAL: $85,000
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase the
above property from Mr. Ronald A. Lucchino, 1157 Colvin
Avenue, Buffalo, New York 14223. Mr. Lucchino intends to
demolish the structure and use the lot as extra green space
for his business located at 933 Elmwood Avenue.
The property consists of a two and one-half story frame
building, situated on a lot 45' x 160'. The structure is in very
poor condition and is an eye sore in the neighborhood.
The Department of Community Development and the
Division of Collections have no objections to the sale. There
are no outstanding code violations, taxes or other liens owed
to the City by the purchaser.
Mr. Lucchino, has offered to purchase the property for Ten
Thousand Dollars ($10,000), and demolish the building at his
own cost and expense.
An independent appraisal of the property was conducted
by Richard W. Bronstein of Bronstein Appraisal Service,
3666 Main Street, Buffalo, New York 14226. He has
estimated the value of the property; as vacant land, to be
Five Thousand Dollars ($5,000). The Division of In-Rem
Properties has investigated the sales of similar properties in
the area. Sales range from Seventy Cents (.70) a square
Page 30
99-0406.txt
foot to Three Dollars and Twenty-Five Cents ($3.25) a
square foot.
The results of our negotiations are that Mr. Lucchino has
agreed and is prepared to pay Ten Thousand Dollars
($10,000) for the subject property, One Dollar and Thirty-
Nine Cents ($1.39) a square foot. He has also agreed to
demolish the building at his own cost and expense, 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 624 West Delavan Avenue to Mr. Ronald
Lucchino in the amount of Ten Thousand Dollars ($10,000),
upon the above mentioned conditions. I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
NO. 56
ST. GERARD'S APARTMENTS
EMERGENCY SHELTER GRANT
SEQR NEGATIVE DECLARATION
A Negative Declaration for the above-referenced project is
hereby filed with your office in accordance with Section
617.12 of the New York State Environmental Quality Review
Act.
If you should have any questions, please contact Gregory
Bernas in the Division of Planning at 851-5083. Thank you.
RECEIVED AND FILED
FROM THE COMMISSIONER OF STREET SANITATION
NO. 57
POLICIES AND REGULATIONS REGARDING DRIVER
TRAINING PROGRAM
#136 C.C.P. MARCH 23, 1999
The following is in response to the Council's resolution
regarding the, "Development of Specific Policies and
Regulations for City Involved Accidents and Defensive Driver
Training." Currently new employees are driver training on all
equipment that is used within the Department. However,
there is no current system set-up for follow-up training.
I have directed my Training Officer to develop a driver
safety program for all Department staff. We will establish a
schedule of training sessions to be held throughout the year.
Each driver will be required to participate in at least one
session per year. If a driver is involved in an accident,
he/she will be required to participate in another session.
In terms of the liability regarding accidents, employees are
not currently held personally responsible. I believe that a
policy holding employees personally responsible for
accidents that they are involved in would need to be
established as a City wide policy, rather than by each
individual department.
If you should have any further questions, or concerns
regarding our Department's driver training program, please
contact me directly at 851-5949. Thank you for your
attention to this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 58
CERTIFICATE OF APPOINTMENTMENT
Appointment Effective March 31, 1999 in the Department
Page 31
99-0406.txt
of Street Sanitation to the Position of Laborer II Hrly,
Permanent, Appointment at the Maximum Starting Salary of
$24,826
Fred S. Sacilowski, 49 Goodyear, Buffalo, NY 14212
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 59
Y2K TECH. PROBLEM IN THE CITY OF BUFFALO
CORN. #124, CCP 3/23/99
It is my understanding from discussions with the
Comptroller and the administrative departments to which this
resolution was referred that all of the systems administered
directly by the City, as well as those where the City has a
vendor under contract, will have no "YM" problems. The
only way in which a problem could occur would be if there
were a failure in the power supply to the City or its
operations; such a failure would be the result of Y2K issues
at the power generating source itself, something, over which
we have no jurisdiction.
I trust this answers your question; I would be happy to
discuss the issue further at your Honorable Body's
convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF HUMAN 4RVICES,
PARKS AND RECREATION
NO., 60
P. LCUCHNER-US ARMY CORPS OF ENGINEERS-
PERMIT-HIMS LANSDOWNE
FLOATING RESTAURANT
ITEM NO. 52, C.C.P. 3/23/99
The City has received a proposal from Specialty
Restaurants, Inc. to establish permanent mooring in LaSalle
Park for the Lansdowne, a 300 foot ship, to be converted
into restaurant and museum.
The LaSalle Park Master Plan calls for a restaurant
building to be built in LaSalle Park as a twelve month
operation to provide amenities to the general public.
We are exploring the feasibility of the Lansdowne
replacing the restaurant building in the plan, at considerable
taxpayer savings.
The item before your Honorable Body represents the
beginning of the lengthy proceeds to determine project
feasibility.
I would defer technical questions to the Department of
Public Works since our department's jurisdiction ends at the
breakwall.
REFERRED TO THE COMMITTEE ONCOMMUNITY
DEVELOPMENT
NO. 61
RENT REDUCTION AT CAZENOVIA GOLF COURSE
Attached is a letter from Mr. Edward Fallon requesting a
waiver of rent for the 1998 season at the Cazenovia Golf
Course. Mr. Fallon is one of our best and most reliable
concessionaires. His rent including the 1998 season is paid
Page 32
99-0406.txt
in full, the Lease Agreement equals $12,800. Two more
years [1999 mid 2000] exist under the current agreement.
A number of vandalism incidents occurred at Cazenovia
Golf Course last year. A major incident happened during the
Memorial Day week-end lea-wing the number #9 green
unplayable for the remainder of the season. Later in the
season this green was fully reconstructed creating an even
greater handicap to play on the golf course.
Therefore, we. are forwarding NU. Fallon's request to
Your Honorable Body with the intent to credit Mr. Fallon
$2,000. on his initial 1st half bill due at the start of the 1999
season.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BUFFALO SEWER AUTHORITY
NO. 62
Y2K IN THE CITY OF BUFFALO
The Buffalo Sewer Authority is actively preparing for the
year 2000 and related issues which may arise. We expect
the Authority will be Y2K compliant and that there will not be
a significant impact on any related management and
operational issues. Listed below are a number of steps the
Authority is taking towards ensuring Y2K compliance.
Installation of a new Supervisory Control and Data
Acquisition (SCADA) will be completed in August 1999 with
final testing through to November 1999. This system will be
fully compliant with Y2K and will provide for trouble-free
operations of the Wastewater Treatment Plant and remote
stations during the year 2000 and beyond.
The Authority's Computer Services Department has
verified or modified for Y2K compliance the major software
systems in use, most notably the Computerized
Maintenance Management System and the Time &
Attendance/Employee System, and is currently in the
process of evaluating the remaining software issues.
The Authority does not feel that operations will suffer at the
facility in the event of a worstcase scenario, because the
system can always be operated manually until computer
related problems are resolved. However, thorough analysis
of all Programmable Logic Controllers (PLCs) and other field
instrumentation at the Treatment Plant and all remote sites
will be conducted in the near future.
Local utilities have been consulted as to ascertain their
`Y2K Readiness" and assure that uninterruptible utility
services will be provided to the Authority in the year 2000.
Also, the Buffalo Sewer Authority will be contacting the City
of Buffalo Data Processing Department to insure Y2K
compliance for payroll, accounting, purchasing and
assessment billing systems.
In addition to those items listed above, the Authority has
formed a Y2K committee whose role is to function as key
contact on Y2K issues and maintain communication with
appropriate in-house personnel and outside agencies,
vendors, utilities, etc. The committee is currently reviewing
Y2K related issues for all Authority departments and
developing a scope of work to address any remaining items
necessary for maintaining Y2K compliance. The committee
is also preparing a Y2K Contingency Plan for dealing with
unforeseen problems or emergencies which may arise as a
result of Y2K.
This letter is merely to serve to inform as to what steps are
Page 33
99-0406.txt
being taken by the Authority towards preparation for Y2K.
The Authority will be preparing a Y2K Readiness Statement
for official disclosure in the near future.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO. 63
RESPONSE INCREASED NOTIFICATIONS RE. HEARING
In reference to item #161 C.C.P. March 9, 1999) Increased
Notification Req. for Hrgs., please be advised that if the City
Clerk's Office receives all the proper documentation required
for filing of Re-zoning's and Use Permits in a timely manner,
we will comply.
The appropriate boundaries and addresses must be
submitted at the time of the filing.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 64
MAYOR REPORTED OUT OF STATE
I transmit herewith communications received by me from
the Mayor, reporting his absence from the state from
Saturday March 27, 1999 from. until Saturday April 3, 1999.
Also on Saturday March 20, 1999 from 9:10 am until Sunday
March 21, 1999 at 11:35 am.
RECEIVED AND FILED.
NO. 65
AUTO ALLOWANCE
The following individual has been approved for auto
allowance within the Department of Human Services, Park
and Recreation
Modesto Candelario
Affirmative Action Specialist
Department of Human Services, Park & Recreation
RECEIVED AND FILED
NO. 66
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons
applying for liquor licenses from the Erie County Alcohol
Beverage Control Board.
Address Business Name Owner's Name
435 Military Rd The.Drink. Inc, John McAdory
2022 Genesee St. LoLos Sports Bar John McAdory
658 Main Street Patrick Cipolla
511 Ontario St. Awesomes Bar and Grill Robert Gannon
682 Main Street 8-Ball Laundry Lounge
297 Franklin Brownstone Bistro
Mrs. LoTempio moved:
That the address 2022 Genesee St. be Referred to the
Committee on Legislation, Commissioner of Police and State
Liquor Authority and the rest be received and filed.
ADOPTED
NO. 67
LEAVES OF ABSENCE WITHOUT PAY
Page 34
99-0406.txt
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
Assessment- Rachelle Malek
Police- Leonard Valvo
Human Services, Parks/Recreation- Stuanley Cieslar
General Services- Wendy Nobile
RECEIVED AND FILED.
NO. 68
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
NO. 69
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.
Certificate of Appointment Effective March 23, 1999 to the
Position of Intern IV, Seasonal, Non-Competitive, at the Flat
Starting Salary of: $6.00 per hr.
Daniel Griffith, 604 Tonawanda St., Buffalo, 14207
NO. 70
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 STADIUM AND AUDITORIUM
Appointment Effective 4/1/99 in the Department of 61-
Stadium and Division of 1-North AmeriCare Park to the
Position of Laborer I, Seasonal, Non-Competitive, at the Flat,
Starting Salary of $6.22
Charles Priore, 38 Wildwood Place Buffalo, 14210
Pasquale Liberti, 583 West Delavan Buffalo, 14222
Luis Correa, 145 West Avenue Buffalo, 14210
Carl Williams, 409 Winslow Avenue, Buffalo, 14211
Melvin Cotton, Jr. 137 LeMard Street Buffalo, 14215
Eric Anderson, 94 Lombard Street Buffalo, 14206
Appointment Effective 3/22/99 in the Department of 61-
Stadium and Auditorium, Division of 1-North AmeriCare
Park, to the Position of Laborer I Seasonal Non-Competitive
at the: Flat Starting Salary of: $ 6.22
Joseph Smietana,136 Clark Street, Buffalo, 14212
Michael Elliott, 56 Centennial Walk, Buffalo, 14201
Appointment Effective 3/29/99 in the Department of 61-
Stadium and Auditorium Division of 1-North AmeriCare Park,
to the Position of Laborer I, Seasonal, Non-Competitive, at
the Flat, Starting Salary of: $ 6.22
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Karen Ventola, 169 Virgil Avenue, Buffalo, 14216
Hassan Khalib, 1192 West Avenue, Buffalo, 14213
Appointment Effective 3/30/99 in the Department of
Stadium and Auditorium, Division of 1-North AmeriCare
Park, to the Position of Laborer I, Seasonal, Non-
Competitive, at the Flat, Starting Salary of: $ 6.22
Reynaldo Santana, Jr., 312 Vermont Street, Buffalo, 14213
Appointment Effective 4/1/99 in the Department of Stadium
and Auditorium Division of 1-North AmeriCare Park to the
Position of Laborer II Seasonal Non-Competitive at the Flat
Starting Salary of: $ 6.92
Willie Anderson, 115 Shumway Street Buffalo, 14206
Carl Rizzo, 42 Dorchester Road, Buffalo, 14213
Steven Thompson, 49 Castle Place, Buffalo, 14214
Rafael Ramos, 200 Condon Avenue, Buffalo, 14207
Appointment Effective 4/1/99 in the Department of Stadium
and Auditorium, Division of 1-North AmeriCare Park, to the
Position of Laborer I, Seasonal, Non-Competitive, at the Flat,
Starting Salary of $6.22
Sharon Campbell, 147 Marine Drive, Apt.# 9H, Buffalo,
14202
Michael Heidinger, 186 Mackinaw, Buffalo, 14204
Christopher Lozo, 6 Tuscarora Road, Buffalo, 14220
Christopher Spadafora, 1173 Hertel Avenue, Buffalo, 14216
DEPARTMENT OF HUMAN SERVICES
Appointment Effective March 29,1999 in the Department of
Human Services, Division of Recreation, to the Position of
Fee Collector, Seasonal, Non Competitive, at the Flat,
Starting Salary of $5.15
Gregory Gormley, 271 Riverside, Buffalo 14207,
Appointment Effective: March 24 1999, in the Department
of Human Services, Parks & Recreation, Division of Youth,
to the Position of Lifeguard, Seasonal, Non-Competitive at
the Flat, Starting Salary of: $ 5.20 p/h
Gary Augustiniak II, 302 Kensington, Buffalo 14214
DEPARTMENT OF HUMAN SERVICES
Appointment Effective: March 22, 1999, in the Department
of Administration and Finance, Division of Parking
Enforcement, to the Position of Laborer I, Seasonal, Non-
Competitive, at the Flat, Starting Salary of: $6.22
Fortunato J. Thomasula, 463 Auburn Avenue, Buffalo 14213
DEPARTMENT OF GENERAL SERVICES
Appointment Effective: March 18, 1999 in the Department
of General Services Division of Inventory & Stores
to the Position of Seasonal Laborer II, Seasonal,
Appointment, at the Flat, Starting Salary of $6.92
Marcellus Osborne, 316 Hamburg St. Apt. 6, Buffalo, New
York 14204
DEPARTMENT OF STREE SANITATION
Appointment Effective 3/29/99 in the Department of Street
Sanitation to the Position of Seasonal Laborer II, Street
Sanitation, Seasonal Laborer II, Seasonal, Non-Competitive
at the Flat, Starting Salary of: $6.92/hour
Frank J. Zorechak, 136 Lafayette Avenue, Buffalo, NY
14213
Appointment Effective 3/29/99 in the Department of Street
Sanitation, Seasonal Laborer II, Seasonal, Non-
Competitive, at the Flat, Starting, Salary of $6.92/hour
Nicholas G. Derfert, 103 Pontiac Street, Buffalo, NY 14206
Thomas C. Kelley, 382 Okell Street, Buffalo, NY 14220
Joseph W. Kustra, 372 Marilla Street, Buffalo, NY 14220
Madalene J. Merkl, 18 Garvey Avenue, Buffalo, NY 14220
Leonard P. Wackowski, 1310 Bailey Avenue, Buffalo, NY
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14206
Barrett A. Ward, 106 Wellington Road, Buffalo, NY 14216-
2850
Ernest Watson, 32 Davis Street, Buffalo, NY 14204
DEPARTMENT OF PUBLIC WORKS
Appointment Effective 4/5/99, in the Department of Public
Works, Division of Engineering, to the Position of Laborer I,
Seasonal, Appointment at the flat Starting Salary of $6.22hr.
Johnie Davis, 1256 Fillmore Ave. Buffalo, NY 14211
ALfred Anderson 639 Grant St. Buffalo, NY 14213
NO. 71
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective March 24, 1999, in the Department
of Public Works, Division of Engineering, to the Position of
Investigator, Temporary, Promotion, at the Minimum Starting
Salary of $29,121
Daniel P. Lombardo, 669 Potomac Ave., Apt. #4, Buffalo, NY
14222
Appointment Effective March 22, 1999, in the Department
of Public Works, Division of Buildings, to the Position of
Heavy Equipment Operator, Provisional, Appointment, at the
Minimum, Starting Salary of: $26,184.
Victor V. Velardi, 238 Starin Avenue, Buffalo 14216
Appointment Effective March 26, 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
Brian T. Murrett, 28 Lilac Street, Buffalo 14220
DEPARTMENT OF PUBLIC WORKS
Appointment effective 3/22/99 In the Department of
Administration & Finance, Division of Treasury, to the
Position of Teller, Temporary, Appointment, at the 1st step
of $24,083.00
Mary Lou Hehmniak, 10 Rebecca Park, Buffalo NY 14207
DEPARTMENT OF HUMAN SERVICES
Appointment Effective: March 31,1999, in the Department
of Human Services, Parks & Recreation, Division of Youth,
to the Position of Attendant, Temporary, Appointment, at the
Flat, Starting Salary of $ 5.15 p/h
Deola McLaurin, 45 Wyoming, Buffalo 14215
Appointment Effective March 22, 1999, in the Department
of Human Services, Parks & Recreation, Division of Youth
to the Position of Youth Project Coordinator, Provisional,
Appointment, at the Minimum, Starting Salary of $ 33,411
Stanley H. Cleslar, 1240 Delaware Avenue, Buffalo, 14209
Appointment Effective March 24 1999 in the Department of
Human Services, Parks & Recreation, Division of Youth, to
the Position of Attendant, Temporary, Appointment, at the
Flat, Starting Salary of: $ 5.15 p/h
Andrei Finch, 167 Hughes, Buffalo 14208
Brian McDermott,107 Rutland, Buffalo 14220
Appointment Effective: March 23. 1999, in the Department
of Human Services, Parks & Recreation Division of Youth to
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the Position of Attendant, Temporary, Appointment, at the
Flat Starting Salary of: $ 5.15 p/h
Rose Cich, 936 South Park, Buffalo 14210
Matthew Brown, 57 Pierce, Buffalo 14206
James Pendziwiat, 9 Owahn, Buffalo 14210
Patrick Richards, 651 Fulton, Buffalo 14210
Martinique Moses,. 208 Hazlewood., Buffalo 14215
Renata raines, 45 Berwyn, Buffalo 14215
Appointment Effective: March 23,1999, in the Department
of Human Services, Parks & Recreation, Division of Youth,
to the Position of Supervisor, Temporary, Appointment, at
the Flat, Starting Salary of: $ 5.60 p/h,
Gary Weiss, 914 South Park, Buffalo 14210
Tabitha Stroud, 41 Grider, Buffalo 14215
DEPARTMENT OF HUMAN SERVICES
Appointment Effective 4/1/99 in the Department of 61-
Stadium and Auditorium, Division of 1-North AmeriCare
Park, to the Position of Senior First Class Stationary
Engineer, Temporary, Appointment, at the Flat, Starting
Salary of $10.25,
James Delmont, 106 Hartwell Road, Buffalo, 14216
Gerald Lewandowski, 173 Eden Street, Buffalo, 14220
John LoTempio, 57 Wilbury Place, Buffalo, 14216
DEPARTMENT OF POLICE
Appointment Effective 3/30/99, in the Department of Police
to the Position of Crossing Guard, Temporary, Non-
Competitive, at the Minimum, Starting Salary of $6.09
Audrey A. Benzo, 25 Sheffield Ave., Buffalo, NY 14220
Appointment Effective: March 24, 1999, in the Department
of: Police, to the Position of: Detective Sergeant, Permanent
, : Promotion, at the Flat, Starting Salary of $49,919
Patrick C. Murphy, 39 Sage, Buffalo, N.Y. 14210
Thomas J. Donovan, Jr., 186 Siebert Road, Lancaster, N.Y.
14086
Daniel Derenda, 12 Dover Street, Buffalo, N.Y. 14212
Daniel F. Rinaldo, 237 Wyeth Road, Getzville, N.Y. 14068
Thomas M. Vivian, 508 McKinley Parkway, Buffalo, N.Y.
14220
Michael D. Brown, 39 Allendale Rd., Cheektowaga, N.Y.
Brian F. Mahoney, 159 Beard Ave., Buffalo, N.Y. 14214
Appointment Effective: March 24, 1999 in the Department
of: Police Division of: to the Position of Detective,
Permanent, Promotion, at the Flat, Starting Salary of: $
47,728
Jacqueline Sullivan, 251 Hancock Avenue, Buffalo, N.Y.
14220
Joseph M. Cook, 3871 Wolf Road, Orchard Park, N.Y.
14127
Sherry L. Kiszewski, 80 Wilson Street, West Seneca, N.Y.
14224
Nicole L. Jones, 76 Phyllis Ave, Buffalo, N.Y. 14215
Akiel H. Kaudeyr, 34 Williamstone, Cheektowaga, N.Y.
14227
Antonio Borrelli, 279 Eden Street, Buffalo, N.Y. 14220
Richard Bonarek, 140 Cardinal Lane, Grand Island, N.Y.
14072
Daniel A. Barrett, 89 Singer Drive, West Seneca, N.Y. 14224
Guy T. Zagara, 651 Indian Church Rd., West Seneca, N.Y.
14224
Jonathan D. Walton, 110 Bauman Road, Williamsville, N.Y.
14221
James B. Maroney, 108 E. Main St., Apt. 3, Springville, N.Y.
14141
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Lissa M. Kogut, 682 Big Tree Rd. - Apt. 4, Hamburg, N.Y.
14075
David M. Lillis, 30 Densmore Avenue, Buffalo, N.Y. 14220
Lauralann L. Denny, 462 Washington Hwy., Snyder, N.Y.
14226
John F. McGrath, Jr., 149 Villa Maria Rd., West Seneca,
N,Y. 14224
William Crawford, 32 Circle End Drive, West Seneca, N.Y.
14224
Harvey M. Frankel, 130 Sanders Rd. - Apt. B, Buffalo, N.Y.
14216
Amy Marracino, 1398 Cleveland Drive, Cheektowaga. N.Y.
14225
Mario T. Pratts, 339 Parkdale, Buffalo, N.Y. 14213
Thomas Doctor, 29 Boone Street, Buffalo, N.Y. 14220
David S. Kobler, 1000 Reserve Rd. Unit #3, West Seneca,
N.Y. 14224
Sandra R. Walker, 620 Linden Avenue, Buffalo, N.Y. 14216
Kevin F. Maloney, 25 Fairview Court, Grand Island, N,Y.
14072
***STATUS CHANGE ONLY**-*
Appointment Effective: March 29, 1999 in the Department
of Police Division of: to the Position of Detective,
Permanent, Promotion, at the Flat, Starting Salary of: $
47,728 (Contingent Permanent March 24, 1999)
Michael A. Mordino, 29 Standish, Buffalo, N.Y. 14216
Appointment Effective: March 29, 1999 in the Department
of: Police Division of: to the Position of: Detective
Contingent Permanent, Promotion, at the Flat, Starting
Salary of $ 47,728
Timothy M. Mulhern, 46 Coolidge Road, Buffalo, N.Y. 14220
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 72
AMERICAN ANGLICAN- YEAR 2000 READINESS
DISCLOSURE
YEAR 2000 READINESS DISCLOSURE Note: The year
2000 information included in this mailing shall be considered
a "Year 2000 Readiness Disclosure" as defined in the Year
2000 Information and Readiness Disclosure Act.
Alfred T. Coppola
Delaware District Councilmember
65 Niagara Square Rm 1401
Buffalo, NY 14202-3331
Dear Councilman Coppola:
We have received the committee's inquiry regarding the
status of American Anglian's plan to address the Y2K
problems anticipated for the Year 2000. In an effort to
expedite our response to your questionnaire we have
supplied you with an overview of our Year 2000 project.
The Board of Directors, and all levels of management, are
well aware of the Y2K problem, and plans have been made
to address the situation. Year 2000 plans are being
supervised at the top executive level, and progress is under
ongoing review by the Board. The Year 2000 team has
completed an initial review of its (a) computer systems, (b)
products and (c) facilities to access Year 2000 issues, and is
already acting to correct identified problems.
American Anglian and its parent companies have been
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working to meet their own Y2K challenge since January
1995. Though technical in nature, the Y2K problem is
inherently a business and project management challenge.
As the operator of the City of Buffalo's facilities, American
Anglian has already completed an inventory of mission
critical systems and functions for the treatment facilities. We
have conducted these inventories to identify areas of the
facilities that may be vulnerable to Y2K failures. While we
do not own the equipment in the City's facility and can not
make any assurances that it will function properly on
January 1, 2000, we are working diligently on the City's
behalf to minimize any potential Y2K problems.
To that end we are currently in the process of evaluating
the results of the inventory and contacting various vendors
and suppliers for further Y2K compliance information on
numerous pieces of equipment. Even with assurances from
suppliers and vendors as to the Y2K compliance of their
material, there are pieces of equipment, which have been
identified as critical and need to be independently tested to
verify their compliance.
We have decided to update certain of our business
computer systems and replace them with systems which will
improve our ability to serve our customers, and which are
warranted Y2K compliant, and are working with external
contractors to implement these conversions. We are
continuing to review internal software and third party
software and to take appropriate action to achieve Year
2000 compliance. Resources have been allocated to all
these projects.
The business community's understanding of the Y2K
problem is continually evolving, and all plans and solutions
may need to be reviewed and revised as the year 2000
approaches. Further, third party Year 2000 problems,
outside our control, may have an effect on our ability to
serve our customers. In fact the Securities and Exchange
Commission has stated that due to this interdependency, it
will not be possible for any single entity or collective
enterprise to represent that it has achieved complete Year
2000 compliance and thus guarantee its remediation efforts.
While we can make no guarantees regarding this muli-
faceted and changing issue, we can state that at this time,
we are confident that we are making appropriate progress to
prepare for the Year 2000, and we will continue to modify
our plans and efforts as necessary.
Additional information on our Year 2000 plan is available
by contacting our Year 2000 project manager by email at the
following address, slewis@aaet.com. We hope its will
answer your questions in regard to our Year 2000 effort.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 73
J, BAUER -CONCERNS REPAVING WILLET ST.
I am writing this letter regarding our conversation we had
back in February with concerns about the repaving of Willett
Street from Clinton Street to Casimer Street.
I have talked to many of the neighbors and they share the
some feelings as I do and wonder what could be done to
help f ix our street. Every year they patch up the holes in the
street, but to no avail. The street keeps on getting worse.
Also, since we are on a street where there is a lot of bus
traffic from our school St. Bernard's, a lot of salt is laid on the
street. Furthermore, the merger of Dime bank and Marine
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Midland bank on the corner has increased the volume of
traffic tremendously. A lot of people tend to use our street
also to avoid the traffic signal on South Ogden.
In closing, I would just like to say that any help you can
give us in this matter would greatly be appreciated by
everyone on Willett Street. Thank you for you time.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 74
R.W. BECK-CITY OF BFLO. /NIMO FRANCHISE
AGREEMENT
City of Buffalo and Niagara Mohawk Franchise Agreement
We recently read with interest Tom Dolan's article in the
Buffalo News about the franchise agreement (or lack thereof
between the City of Buffalo and Niagara Mohawk. Whether
or not the City ultimately decides to proceed with evaluating
the municipalization option, it should at least undertake to
negotiate a fair, equitable and flexible franchise agreement
with NIIMO. A 'model' franchise agreement., like those we
have helped other municipalities formulate, might address,
among other things, the term of the agreement and an option
for the City to acquire all or a portion of NIM0's distribution
facilities at some future point in time. It might also include
distribution system, reliability benchmarks; aesthetic issues
such as underground versus overhead line extensions;
restrictions on use of right-a-ways; and, of course, the
amount of franchise fees payable to the City. As you know,
the franchise agreement provides a utility, like NIMO, a
'license' to provide utility services within a specified area
(e.g., the city limits). In return, the utility normally pays the
city a fee or tax as set out in the franchise agreement or as
established by state and/or local statute. The franchise
agreement represents a very important intangible asset to
the utility, In fact, many appraisers consider the value of the
franchise agreement in their valuations of distribution
property for property tax purposes,: which represents
another area the City may want to explore.
You may recall that we gave a presentation on
municialization to several City council members on
November 18, 1998, While the City may ultimately decide
municipalization is not the best option, our experience on
these matters (e.g., the City of Las Cruces) indicates that
keeping the municipalization "playing card' in your hand
increases your leverage to negotiate with NIMO (eg-, a new
franchise agreement or higher property tax valuations).
Obviously, there are a lot of issues for the City to deal with in
evaluating all of its options. Our firm has helped many cities
and towns in situations similar, to Buffalo's; in fact, our
experience on these matters is probably unmatched by any
other consulting firm. In each and every case our goal has
been to remain independent and provide the city council the
most complete and reliable information needed to make a
sound decision.
We would welcome the Opportunity to discuss with you
further how we can help the City, in its efforts to bring lower
cost, reliable electricity to its citizens and businesses. Mr.
Cotroneo will be in Buffalo, March 19-22, 1999, for a family
gathering. He is currently planning to meet with Councilman
Coppola on Monday, March 22. We will be contacting you
soon to see if we may arrange a meeting with you at the
same time.
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In the meantime, if you have any questions please feel
free to contact one of us.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION
NO. 75
INNER HARBOR/DOWNTOWN WATERFRONT
FUNDING AGREEMENT-USDC
ITEM 68, COM. 58, MAY 27,1997
In response to the attached Community Development
Committee Report dated May 27, 1997, we respectfully
submit the following:
1. Justification for the excavation of a new harbor,
historical significance of the Erie Canal; see Inner Harbor
FEIS, Section 1.3, Project Background; Section 1.5, Purpose
and Need, 1-7: Historically, the Project site was the hub of
the City's transportation network and economic activities
because of the location at the terminus of the Erie Canal.
There is a need to improve waterside access to the site from
the Buffalo River and to reestablish the Inner Harbor as an
activity hub while celebrating Buffalo's maritime and
industrial history. Small transient boats that desire access to
downtown attractions tend to use the Erie Basin Marina.
Larger-draft vessels are also accommodated along the Erie
Basin Marina bulkhead near the mouth of the River. Since
the Erie Basin Marina was primarily designed to provide
long-term moorage for pleasure craft, it can not meet the
demand for daily or weekly mooring of small craft and has
almost no capacity for larger vessels. (City of Buffalo DPW,
1998 - see Appendix E- 1 9) The current inadequacy of
appropriate commercial or transient mooring facilities is a
significant impediment to providing further opportunities for
growth and economic development of the Inner Harbor,
particularly in light of the increased interest in Great Lake
ports and the Erie Canal for recreational boating and
passenger vessel activity, and stopping points for tourist-
oriented vessels including tall ships. (see Inner Harbor FEIS
Appendix E-23, E-25)
2. Relocating Naval Museum at lower cost; the proposed
action is a lower-cost action than the original DDI plan, and
relocation is limited due to channel constraints within the
existing site.
3. Increasing public esplanade beyond 35 feet; see Inner
Harbor FEIS, 18-115/116: the Draft Master Plan
reconfigured the esplanade and site elements to insure no
building elements will obstruct continuous access to the
waterfront. The width of the pedestrian esplanade varies
from 10 feet in Veterans Park to 12 feet in the Inner Harbor
area. Building setbacks along the eastern edge of the Canal
Slip and on the site of the Sewage Pump Station are 22 feet
minimum width. A series of public spaces are located
adjacent to the waterfront esplanade, expanding its width to
130 feet at the waterfront plaza. The commercial
development sites have been set back from the water's edge
by a dimension of over 75 feet by configuring the
cobblestone access road along the pedestrian esplanade. It
is envisioned that on special event days the vehicular traffic
on the cobblestone road can be blocked off to create a
pedestrian only zone.
4. Industrial Heritage Trail; see Inner Harbor FEIS 18-103:
The Draft Master Plan proposes a continuous pedestrian
waterfront esplanade which coincides with the proposed
route of the Industrial heritage Trail. The esplanade
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engages new maritime basins and waterfront open spaces
which provide locations for the trail's interpretive stops. The
intent of highlighting the Industrial Heritage Trail was always
considered only for that portion that coincides with the
project area and to provide a pedestrian link along the
Buffalo River between the Erie Basin and the DL&W
building. The implementation of the entire Industrial
Heritage Trail is beyond the limits of the project site, but is
being pursued by BERC through other design and funding
sources.
5. Possible alternatives to the location of public space
under the Skyway - accomplished
6. Locating a Children's Museum, beach, and Ethnic
Heritage Museum in project area; BERC is presently
reviewing the final draft of a Children's Museum feasibility
study, and one of the suggested locations is the Inner
Harbor. A beach in the project area is not recommended
because of safety concerns due to the amount of
commercial shipping vessels and lack of a proper location. It
is suggested that a beach location be explored as part of
future Outer Harbor development. BERC has entered into
an agreement with Jambhekar Strauss and Dr. William
Siener, of the Buffalo & Erie County Historical Society, to
plan a Heritage Museum for the Inner Harbor location.
7. Sharing 0 & M; BERC is pursuing sharing of operation
and maintenance with various entities. see Inner Harbor
FEIS 1.7 Project Funding, 1- 10, 1-11, 1-12 prior to
construction, Empire State Development in cooperation with
the City of Buffalo and other involved and interested
agencies, will develop a 10-year Operations and
Management Plan for the Project site.
8. Cost/benefit analysis: see Inner Harbor FEIS, Section
5.2, Socioeconomics, Sub-section 5.2.2.2, Direct and
Indirect Employment and Fiscal Impacts, pages 5-7 through
5-18. In summary, the proposed action is projected to create
over $4 million annually in tax revenues and over 45 8 new
jobs.
9. Location of the swing bridge; a swing bridge is not part
of the Draft Master Plan; and proposed action does not
preclude future development of a new bridge at various
locations.
10. Location of transit station; the original DDI location was
not practical or desirable; the opportunity for a transit station
east of the project site on South Park Avenue is still
possible. City of Buffalo DPW, NFTA, and BERC are
advancing plans for the Intermodal Regional Transportation
Center at the Aud.
11. Quarterly Reports: BERC has provided status reports
as requested.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 76
BERC WATERFRONT REDEVELOPMENT PROJECT -
URBAN RENEWAL PLAN
WATERFRONT REDEVELOPMENT PROJECT
No. N.Y. R-35
URBAN RENEWAL PLAN
INNER HARBOR AREA
AMENDMENT
Draft
August, 1998
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Revised:
October, 1998
December, 1998
Prepared for: City of Buffalo
Department of Community Development
Division of Planning
Buffalo Urban Renewal Agency
Prepared by:
PARSONS
M BRINCKERHOFF
REFERRED TO THE COMMITTEE ON DEVELOPMENT
NO. 77
M. CASTRO-TECHNICAL ADVISORY COMMITTEE MTG.
PEACE BRIDGE AUTHORITY
Technical Advisory Committee Meeting
Peace Bridge Authority
March 24,1999
The Peace Bridge meeting I attended today addressed the
following:
Consideration was given to the Peace Bridge US
Plaza/Preferred Alternative 6B Modified (with options 1 &2)
as opposed to the original 613, 7B & 8 (see attached
diagram).
A position statement submitted by Mary Beth (Columbus
Park Assoc.) was addressed. Mary Beth is potentially the
next President of this block club and submitted a report done
2/14/95 (see attached).
The plans for a parking garage (4 story) and administrative
building (2 story) to be located at Rhode Island and Busti
Streets.
The plans for narrowing of Busti Avenue, from the area
referred to as "Hairpin" turn up to Vermont Street. If the
residents are opposed, it is not mandatory as it is being
proposed as a courtesy. This idea was presented as a way
to bring the homes and park closer, eliminating the wide
(40ft) cross over into the park.
Parking space at the parking garage can be utilized at will
by any visitors of the Episcopal Home.
Columbus Park Assoc. suggests moving the
Administrative Building to the Canadian side. This would
cause Buffalo to lose yet another corporate entity, most felt
this would be unjust to the City.
We viewed diagrams, diagrams and more diagrams...
A "Summary and Analysis" information packet was
distributed (see attached). Committee was asked to refrain
from public circulation until said document was finalized.
Next meeting is scheduled for March 31, 1999 (10:00 a.m.
- 12:00 p.m.) at the Peace Bridge Authority Building. The
topic of Gateway is to be addressed and a report from the
Columbus Park Assoc. Should you have any questions
pertaining to this meeting, I'd be happy to share any
additional information.
REFERRED TO THE TASK FORCE SUPERSPAN
NO. 78
HENNEPIN PARK COMMUNITY CENTER EXPANSION &
RENOVATION
The East Lovejoy American Legion Post #1306, at its
regularly scheduled monthly meeting, introduced a Motion,
supporting the expeditious construction of the original design
of the Hennepin Center. The Motion was properly seconded
and unanimously passed.
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We submit this communication to you and ask that it be
filed with the Common Council as a matter of record of our
position.
We sincerely hope that you will take the initiative to get this
project off the ground as soon as possible
REFERRED TO THE SPECIAL COMMITTEE HENNEPIN
PARK
NO. 79
M. CHMURA-OFFICERS ASSIGNED TO TRAFFIC
BUREAU K-9 UNIT RESPONSE TO CALLS
Dear Members of the Police Reorganization Committee,
As a Buffalo Police Officer for the citizens of Buffalo I feel
these K-9 dogs are a very important tool in police work.
On December 20, 98 Hassan was called to a burg-in-
progress. The burglary suspect was seen going into the
house by breaking a basement window, after the residents
left for church. The burglar was advised numerous times
that the police were on the scene and he should give himself
up. It was not until Hassan entered the house that the
burglar came out humbly, to avoid the K-9, into the arms of
the Officers waiting outside.
On 2-24-99 Hassan and I assisted a B-District car who,
while on patrol observed a suspect coming out of a known
crack house. When apprehended and sniff searched by
Hassan, the suspect was found to have six hits of crack on
him.
On 3-3-99, in a house being searched by B-District,
Hassan had one hit for narcotics in the lower apartment and
four hits in the upper apartment. Three arrests were made
using Hassans' recovered narcotics for evidence.
On that same day, during a routine traffic stop Hassan and
I had, upon further investigation and a sniff search by
Hassan, the occupants were found to be in possession of
narcotics and two arrests were made.
Later that day, during a burglary call in E-District, Hassan
and I responded and Hassan was able to search the third
floor apartment swiftly, allowing the Officers to return to
patrol in a timely fashion.
Due to our numerous traffic duties a lot more K-9 work
could have been done, but wasn't. These K-9's could search
for hidden bombs, missing children, robbery suspects,
rapists and so much more if given the opportunity. Please
help us help you by keeping the K-9 force as it was.
Thank you,
REFERRED TO THE COMMITTEE ON BUDGET AND THE
COMMISSIONER OF POLICE
NO. 80
ECIDA-PILOT AGREEMENT ON PROJECTS IN THE CITY
OF BUFFALO
Erie County Industrial Development Agency
("ECIDA")/Payment in Lieu of Tax ("PILOT") Agreements on
Projects in the City of Buffalo
In response to your March 24, 1999 inquiry, the following
are ECIDA's comments to the "List of
Unpaid P.1. L.0.T.S. as of February 24, 1999 ": Commitment
2000, Inc./105 Monsignor Valente Drive - ECIDA personnel
have been in contact with this company's president, Samuel
Sam, who advised us that he anticipates paying all past due
amounts by May, 1999. Mr. Sam indicated that he had
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requested that the City accepts a partial payment, but the
City would not accept the same.
2. DelPrince Distributors/2671 Main Street - ECIDA
personnel have contacted this company's president, Chris
DelPrince, and I am attaching a copy of his explanation
relative to the delinquent payment from the 1993-1994 tax
fiscal period, along with evidence of his remittance of the
delinquent 1998-99 payment.
3. Prudential Associates/30 Church Street - This company
filed for bankruptcy protection on January 20, 1998. The
holders of the two prior mortgage liens on the property have
been permitted by the Bankruptcy Court to commence
foreclosure proceedings, although the foreclosure sale has
not yet been authorized. The Bankruptcy Court approved an
agreement among the interested parties requiring that the
company set aside certain amounts of monies each month to
be used to pay real estate taxes associated with the
property, and I note that the 1998-99 City PILOT payment
appears to have been made. The City of Buffalo has filed a
claim for the delinquent PILOT payments with the
Bankruptcy Court (see attachment). Once the Bankruptcy
Court gives permission to the foreclosing mortgagees to sell
the property, the purchaser at the foreclosure sale would
own the property and, assuming this entity is not tax exempt,
the property would then be returned to the tax rolls.
4. SRK 2020 Elmwood Associates/2020 Elmwood - ECIDA
has been advised that these payments have subsequently
been made.
5. University Garden Apartments/66 Custer and Francis
Johnson Apartments/ 1 201 Broadway - These projects do
not involve ECIDA.
In closing I would like to add that the City of Buffalo has
collected $4,682,741.51 in PILOT payments for the 1998/99
fiscal year.
I trust that the above is responsive to your inquiry. If you
require any additional information, please let me know.
REFERRE TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 81
BUFFALO INNER HARBOR DEVELOPMENT PROJECT
Enclosed, pursuant to Article 8 of the N.Y. Environmental
Conservation Law and 6NYCRR Part 617, is the Findings
Statement issued by the New York State Urban
Development Corporation d/b/a the Empire State
Development Corporation (ESDC) as the lead agency for the
Buffalo Inner Harbor Development Project. These Findings
were adopted by the ESDC Board of Directors on March 18,
1999.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 82
SHEA'S EXEC OFFICES
As part of the value engineering process used to reduce
the project cost, approximately $123,700 in backstage
equipment and furniture was removed from the project. The
thought was that this issue would be revisited towards the
end of the project, keeping in mind that we could not open
the new stagehouse with empty rooms.
Commissioner Giambra has approved today up to $70,000
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in expenditures from the previously approved bond funds to
purchase some of the previously deleted items. Shea's
needs to move quickly in securing this equipment, and is
asking that the Common Council approve a resolution at
next Tuesday's meeting; allowing reimbursement to Shea's
for up to $70,000 from the project for equipment- All
expenditures will be coordinated and approved by Bob
O'Hara Wore purchase.
This is an exciting time for Buffalo as the project nears
completion, and Shea's is very grateful both for the support
of the City of Buffalo, and yourself.
Please call me at 847-25011 with any questions or
concerns.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 83
K. GIOULEXAS-COMPLAINTS ELECTRICAL LICENSE
ATTACHED IS LETTER DATED MARCH 22, 1999
RECEIVED AND FILED
NO. 84
L. GOINS COMPLAINT POLICE ABUSE STOP &
FRISK LAW/SEARCHING PROCEDURES
Your being already familiar with the Legislative and
empowerment aspect of our community, should also be
aware of the growing trend by police officers to abuse the
Stop and Frisk Law and other searching procedures
safeguarded by the 4th Amendment Rights.
These violations are not only being committed at an
alarming rate, they are executed in the inner city, and
predominately upon its minority members. Usually, those
victimized by these violations have no legal recourse.
Grant it, the suppression of crime is inevitable in many areas
of the inner city. However, the abuse of the Search and
Seizure Law in guise as effective police work, should not be
allowed.
I am not suggesting that crime should be permitted to run
rampant. Nevertheless the guidelines prescribed by the 4th
Amendment against illegal searches and seizures, should be
adhered too.
In retrospect, a police officer's right to stop and frisk
someone, conduct warrantless searches, and obtain consent
searches when unchecked, by supervision, will allow an
officer to vent his personal prejudices or exhibit
unprofessional behavior and in many cases can be
motivated by inexperience or overzealousness.
On March 21, 1990, my daughter (Montrice D. Goints) was
stopped in the 11:11 Precinct,. handcuffed and detained for
approximately two hours after being informed of an
outstanding warrant that did not exist. She was denied
access to a telephone after several requests. At this point,
she was intimidated and coerced into signing a Consent to
Search Form, allowing these officers to search the vehicle
she was operating.
Prior to her being taken to the station house, the officer's
inquired about my PBA sticker on the windshield. When she
said her father is a police officer, (Larry S. Goins), their reply
was, he was a police officer and subsequently removed and
discarded my sticker. Total disregard for the 25 years I
served as a Police Detective.
During the initial stop, she was told that she failed to signal
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as she left the curb. She received this summons from a third
officer, then was allowed to leave.
We have registered a complaint with the Professional
Standard's Division to wit: Case 99-57.
Your immediate attention into this matter is greatly
appreciated.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATTON/OVERSIGHT AND THE
COMMISSIONER OF POLICE
NO. 85
INTERNATIONAL UNION OF OERATING ENGINEERS
PEACE BRIDGE TWIN SPAN
As the President and Business Manager of the
International Union of Operating Engineers Local 171
represent 1500 construction workers in the Western New
York area. I would like to express my very serious concerns
over the Buffalo Common Council's resolution to file a
lawsuit against the Peace Bridge Authority to stop,
construction of the twin span. This is a multi million dollar
project that will potentially employ hundreds of working men
and women. This project has been in the planning for over
two years. Where were you when this planning was taking
place?. Why now do you make proposals that would delay
this project?
If this project is delayed the opportunity to provide good
paying jobs for union brothers and sisters will be lost.
Please reconsider your resolution and allow the
companion span bridge project to proceed as planned.
REFERRED TO THE SUPERSPAN TASK FORCE
NO. 86
D. MOORE-EASTERN ABSTRACT OF NY COMPLETE
TITLE ACQUISITION SERVICES DOT
Eastern Abstract of N.Y. Inc. is pleased to announce that
we are now providing complete title acquisition services for
the New York State Department of Transportation. This
includes title abstracting, appraisals, legal services and all
other procedures necessary to vest land title into New York
State.
To insure uniform adherence, we are working daily with
principal Right of Way Department of Transportation agents
Mr. Steven Adams and Mr. Richard Rizzo. This is essential
in order to meet the often rigorous procedures involved in
real estate acquisition.
Eastern Abstract of N.Y. Inc. has more than 11 years
experience in all phases of title work, and has become the
largest supplier of title data for the New York State
Department of Transportation, having completed more than
2,000 title searches. We are uniquely qualified to meet the
changing requirements of the Department of Transportation.
If you have a need for these services, please call. We look
forward to working with you and your staff.
REFERRED TO THE COMMISSSIONER OF COMMUNITY
DEVELOPMENT
NO. 87
J. MACMAHON BUFFALO ZOO CONTROVERSY
We'd like to thank Council President Pitts and Finance
Committee Chairman Franczyk for providing this hearing on
the growing controversy surrounding the Buffalo Zoo. We'd
also like to thank County Executive Gorski for speaking out
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on behalf of the taxpayers of Erie County and rejecting the
proposed relocation of the Buffalo Zoo to Wheatfield in
Niagara County. Finally we'd like to offer our
encouragement and support to Mayor Masiello as he tries to
defend the City of Buffalo from the national media circus that
will descend upon us during the upcoming rally for the
militant anti-abortion movement. These are trying times,
indeed.
In order to settle the dispute between the zoo board and
it's numerous opponents, Mr. Pitts has tried to establish a
forum for negotiations to be carried out in good faith between
The Committees to Keep the Zoo in Delaware Park, Save
our Old First Ward and the Buffalo Zoo's Executive Director
Tom Garlock. Since the Schultz & Williams feasibility study
came out last year, however, it's clear that Mr. Garlock has
not held up his end of the bargain in these discussions.
Nobody has denied that the Buffalo Zoo should be
improved in some way, shape, or form. Nobody denies that
Downtown, Waterfront development requires an anchor of
some sort to bring people and dollars back into the heart of
the City. We all want to see the rejuvenation of the historic
Old First Ward, but we all seem to disagree on how to
achieve these ends.
Do we need to construct one of the most expensive zoos
in American history? Most people, with exception of Mr.
Garlock say no. Would we achieve any of these goals by
moving the zoo to Wheatfield ? County Executive Gorski has
said no. Now that someone has finally said no to Mr. Garlock
we'd like you to consider some new issues about the Buffalo
Zoo that should help to break the stalemate we are currently
facing.
On March 15th The Buffalo Alternative Press reported on
very serious allegations about the Zoo and its' leadership.
We interviewed the author of these charges and discussed
her detailed studies, which were published in The San Jose
Mercury News, a highly influential daily newspaper on the
west coast. The author, Linda Goldston has claimed that the
Zoo's breeding practices are out of control. Mr. Garlock has
emphatically denied this and yet he has not challenged the
News about the accuracy of the story. The Buffalo News
has, for the most part, ignored the damaging implications of
this situation.
In our discussion with Ms. Goldston there was much
information she wished to be left off the record. Since she is
a professional journalist who has covered animal rights and
zoos for years it would not be illogical to assume that she is
planning to revisit the topic of the Buffalo Zoo at some point
in the near future. Therefore, I suggest to you, ladies and
gentlemen, that the proper subject of debate going forward
should be the Zoo's current leadership: Executive Director
Mr. Tom Garlock and the Buffalo Zoo's Board of Directors .
Whether the Buffalo Zoo is 25 acres or 2000 is irrelevant;
the most important thing is that we treat both the animals
and the numerous members of the Society with the dignity
they deserve. Though the Buffalo Zoo is heavily involved in
breeding valuable animals for sale and trade, it continues to
depend on public funds and the support of its members.
Why, then, the Buffalo Zoo's board cannot be publicly
elected by members of the society is beyond me. How a
Niagara County politico assumed the reins of power at the
Buffalo Zoo under the current conditions,, however, is not.
The Zoo, under the leadership of Mr. Garlock, has
presented the public with misleading information through the
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guise of the Schultz and Williams study; that much was
proven by three professional, independent economists last
year.
With the aid of another study published by The Buffalo-
Niagara Partnership, Mr. Garlock flirted with the illegal idea
of relocating the historic Buffalo Zoo to Niagara County.
Finally our community reputation (as well as that of the
Buffalo Zoo) has been and will continue to be tarnished by
our indifference to embarrassing charges of improper
treatment of the animals entrusted to the care of our zoo
officials.
For these three reasons, we entreat you, Ladies and
Gentlemen of the Common Council, to refer this matter to
the Erie County Legislature for immediate consideration. A
major reform of the Zoo's political structure would show the
world our openness, enlightenment and willingness to make
the necessary changes to move forward.
REFERRED TO THE SPECIAL COMMITTEE ON THE ZOO
NO. 88
NMCA-ENDORSE STEPHEN GODZISZ/FILMORE
DISTRICT COUNCIL MEMBER
LETTER OF ENDORSEMENT
Please place the enclosed letter of endorsement on the
agenda for the next general meeting of the Buffalo Common
Council.
RECEIVED AND FILED
NO. 89
D.PIETROWSKI-693 MAIN STREET /DEMOLISH AND
BUILD PARKING LOT
RE:693 MAIN STREET
We own and operate a business at 689 Main Street. It is
critical to our survival that we have access to more parking in
close proximity to our business. It is our understanding that
the Buffalo Police also need additional parking for their new
precinct on Main Street.
In order to satisfy both of our needs, we have proposed an
agreement whereby we would acquire and transfer 693 Main
Street to the City for $1.00. The City would, in turn, demolish
the existing improvements and build a parking lot on the
property. The City would also grant us the right to use 15
parking spaces in this new parking lot. In exchange for
these access rights, we would pay the City $50,000.00.
It appears to us that everyone benefits from this transaction.
Both the Police and LoVullo Associates will have the parking
so desperately needed. The City, Buffalo Place, and other
business owners will reap the benefit of less vehicle
congestion in the area.
We strongly urge that you vote to approve the City's
acquisition of 693 Main Street. We have operated a
business in Buffalo for 50 years, and are willing to contribute
$100,000.00 to this project ($50,000.00 cash for the parking
rights and the property at 69311'vlain Street for which we will
have paid $50,000.00) in addition to the $10,000.00 we have
already spent in legal fees. The cash will help defray the
City's demolition and construction expenses.
Please fee free to call me at 856-3065 if you have any
question.
RECEIVED AND FILED
NO. 90
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A. SCHILLACI-OLMSTEAD PARK CONSERVANCY
REVIEW OF
BRIDGE AND PLAZA ISSUES
Our community is about to make a decision concerning the
Peace Bridge and Plaza design that will affect our region for
at least 100 years. This decision represents a genuine
opportunity to reverse some of the prior adverse impacts
made to Front Park, a historic urban green space within
Buffalo's Olmsted designed park and parkway system.
The international recognition of Frederick Law Olmsted's
celebrity as a landscape architect places strategic
importance on Front Park's role as a potential international
gateway for the city, a gateway which offers a view found no
where else in the world.
The Buffalo Common Council has voted to deny city of
Buffalo permits for the construction of the twin span. They
have also resolved to ask the Coast Guard to deny its permit
until a proper Environmental Impact Study is done. In light
of the possibility that a process that had been thought to be
irreversible, may, in fact, be subjected to further scrutiny, the
opportunity is presented to attempt to mitigate the planning
mistakes that have occurred in the past regarding Front
Park.
The Buffalo Olmsted Parks Conservancy agrees that time
needs to be taken to conduct a review of the Bridge and
Plaza issues, that these issues are considered in the larger
framework of community development, and that decisions be
based on complete and accurate information and community
consensus. To assist in the review process, the
Conservancy poses the following questions:
1.One of the Conservancy's guiding principles is that parks
are intended to unite rather than divide people, they are a
common ground. Could the key players meet face-to-face to
discuss these issues in place of communicating through the
media?
2.New information has come to light that appears to
challenge and contradict prior information. Why doesn't an
independent party (non-stakeholder) evaluate this
information so all parties begin to work with the same data?
3.Olmsted included the Niagara Reservation into his park
design for Western New York. Regionalism is the wave of
the future. There is currently T1iree Bridge authorities
overseeing the Niagara River crossings. Would there be a
benefit to the region from the formation of one regional
authority?
4.The Bridge and Plaza designs are pieces of a whole.
What benefit to the community can be gained by a
segmentation of this project? What justification is there for
not conducting an Environmental Impact Study?
5.Urban green space, in its man forms is an important asset
to a healthy city that deserves attention as both an agent for
urban living and a driver of economic development. What
are the specific economic benefits of each of the diverse
Bridge and Plaza plans and who are the recipients of those
benefits? What are the costs associated, not just in dollars
but in green space, quality of life, impacts on the
environment and human health? Who issues this
cost/benefit analysis and how are they held accountable?
6.Proposed rerouting of traffic onto the Scajaquada and
Kensington Expressways will greatly impact Delaware and
Martin Luther King Park Jr., their users and surrounding
neighborhoods. The proposal to add additional truck traffic
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99-0406.txt
on the expressways will significantly increase noise and air
pollution, and poses a great concern for public safety. The
proposed entry of trucks from the northbound 1-90 onto the
Scajaquada at an elevated blind curve; the later back-up at
the Parkside Avenue signal followed by the merger of the
Expressway and the exit to the eastbound 1-90, are two of
the most dangerous traffic conditions in our area today.
They will be the most dangerous if we allow additional truck
traffic on them. What alternatives exist?
7.One of the goals of the Buffalo Olmsted Parks
Conservancy is to focus on Front, Delaware, and Martin
Luther King Parks as community places, and to foster
increased usership. How do the Bridge and Plaza plans
promote park usership and restore access to the Niagara
River?
8.Front Park is situated to serve as a neighborhood park for
the lower West Side, as well as a green gateway into the
United States. What plans for restoration of Front Park and
Fort Porter are included in the proposed Bridge and Plaza
designs?
The Buffalo Olmsted Parks Conservancy looks forward
enthusiastically to participate in the process of answering
these questions.
REFERRED TO THE SUPERSPAN TASK FORCE
NO. 91
P. TEAGUE-BAILEY DELAVAN COMMUNITY SVCS,
COMPLAINT RE. DISSMISSALS/REQ. PUBLIC
HEARING
IT IS OUR UNDERSTANDING THAT AT YOUR
REGULAR MEETING, OF MARCH 23,1999, OUR LETTER
OF FEBRUARY 24,1999 (MARCH 9,1999 CCP# 82) WAS
SENT TO YOU BY THE LEGISLATION COMMITTEE, W- 0-
REC-, AND WAS RECEIVED AND FILED WITHOUT THE
COMMON COURTESY OF GRANTING OUR REQUEST
FOR A PUBLIC HEARING.
THIS WAS ABSOLUTELY WRONG AND IS NOT THE WAY
TO TREAT TAX PAYERS OF THE CITY OF BUFFALO,
WHO HAVE BEEN WRONGED.
WE ARE ATTACHING OUR ORIGINAL REQUEST, AND
AGAIN ASKING FOR THE PUBLIC HEARING.
WE WILL CONTINUE TO FILE THIS COMPLAINT UNTIL
THE WRONGS WE HAVE SUFFERED AS TAX PAYERS,
HAVE BEEN RIGHTED.
AGAIN, ANY CORRESPONDENCE PLEASE CONTACT
MRS. PLEZETTA TEAGUE, 35 ERICSON AVENUE,
BUFFALO, NEW YORK 14215, 897-2524
RECEIVED AND FILED
NO. 92
A. YUSICK-,JR. -BENNETT BEACH/VILLIAGE OF
ANGOLA WATER TREATMENT PLAN
RE: BENNETT BEACHIVILLAGE OF ANGOLA WATER
TREATMENT PLANT
Please be advised that I am the Village Attorney for the
Village of Angola.
As you know, a few years ago, Bennett Beach was
transferred to the County of Erie. Apparently, during the title
work for the transfer, it was found that a small portion of the
Village of Angola Water Plant encroached onto the Beach
premises. It is our understanding that, because of that
problem, the County did not take title to a 15 x 270 foot strip
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99-0406.txt
between Bennett Beach and! And owned by the Village.
In 1998, we began working with Council Member Kavanaugh
to have that parcel deeded to the Village of Angola in order
to correct the title discrepancy. I am enclosing a copy of the
letter from Council Member Kavanaugh, dated May 11,
1998. We had subsequent conversations and meetings with
Council Member. Kavanaugh, as well as with Kevin Keane,
from the Corporation Council's Office, who has been
handling the file.
Our discussions with Council Member Kavanaugh were put
on hold when it appeared that the County may have been
interested in purchasing the water plant, however, that is no
longer a possibility. Therefore, we again must ask the City
to work with us in processing a transfer of title for this parcel
to the Village.
I would ask for your cooperation and aid in processing our
request.
Thank you for your kind consideration and anticipated
cooperation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
PETITIONS
NO. 93
P.D'ORSANEO, OWNER, USE 14 LAFAYETTE (WALL
SIGN)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 94
L. DUVALL & 0 ADDITIONAL SIGNATURES-REINSTATE
K-9
UNIT- BUFFALO POLICE DEPT.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 95
M.MOORE & 0 OPPOSE GRANTING VARIANCE OF
PROPERTY LOCATED AT 35
CUMBERLAND/COMMERCIAL USE
REFERRED TO THE COMMITTEE ONLEGISLATION AND
THE ZONING BOARD OF APPEALS
NO. 96
REQUEST SNOW REMOVAL HEDLY PLACE &
OAKGROVE AVE.
I am respectfully requesting that the following petition
regarding snow removal be filed and placed on the Common
Council agenda for referral to the Snow Removal Task Force
Committee.
Numerous residents in the Hedley Place-Oakgrove Avenue
area of Hamlin Park contacted my office about the lack of
consistent plowing done on their streets. I believe that the
Common Council should review this item to consider the
best way improve the existing plan for snow removal.
Thank you for your attention to this matter. I f you have any
questions or comments, please do not hesitate to contact me
directly.
REFERRED TO THE SNOW REMOVAL TASK FORCE
REGULAR COMMITTEES
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99-0406.txt
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 97
APPT.-BATTALION CHIEF (MAX)(MOGAVERO)(FIRE)
(ITEM NO. 32 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 98
APPT.-BATTALION CHIEF (MAX)(LOBBY)(FIRE)
(ITEM NO. 33 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 99
APPTS.-CAPTAINS (MAX)(FIRE)
(ITEM NO. 34 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 100
APPTS.-FIRE LIEUTENANTS (MAX)(FIRE)
(ITEM NO. 35 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 101
APPT.-COMM. ELECTRICIAN-(MAX)(BREIER)(FIRE)
(ITEM NO. 36 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 102
APPT.-COMM. ELECTRICIAN-(MAX)(GAFFETT)(FIRE)
(ITEM NO. 37 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 103
APPOINTMENT
APPT.-ASSESSOR TRAINEE (MAX)
That Communication 7, March 23, 1999 be received and
filed and the Permanent appointment of Judith McCabe at
the Maximum salary of $25,495.00 effective on January 14,
1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 104
CERTIFICATES OF APPT. RESUBMITTED WITH INFO.
REQUESTED
(ITEM NO. 23 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
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99-0406.txt
PASSED
AYES -10 NOES - 0
NO. 105
APPOINTMENT
REFUSE CONTRACT COORDINATOR
That Communication 32, March 23, 1999 be received and
filed and the Permanent appointment of Eli Hazzan at the
Maximum salary of $26,317.00 effective on March 12, 1999
is hereby approved.
PASSED
AYES -10 NOES - 0
NO. 106
APPOINTMENT
HEAVY EQUIPMENT OPERATOR (MAX)
That Communication 33, March 23, 1999 be received and
filed and the Provisional appointment of Anthony J. Serio at
the Maximum salary of $29,814.00 effective on March 12,
1999 is hereby approved.
PASSED
AYES -10 NOES - 0
NO. 107
NOTICES OF APPOINTMENTS-TEMP./PROV./PERM.
(ITEM NO. 43 C.C. P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 108
B.GRAY-INFO./REQ. FOR HRG.-M. SWAGGARD (ITEM
NO. 84 C.C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 109
FEASIBILITY STUDY FOR CURRENT AND POTENTIAL
ZOO SITES
(ITEM NO. 187, C. C.P., MAY 12, 11998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mrs. LoTempio moved:
That the above item be referred to the Special Committee on
the Zoo.
ADOPTED
NO. 110
LDALE & 0 - TAXPAYERS DO NOT AUTH. FDS. FOR
MOVING ZOO
(ITEM NO. 219 C. C.P. SEPTEMBER 8, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 111
COMM. TO KEEP ZOO IN DEL. PK. - OPP. MOVING ZOO
(ITEM NO. 71 C.C.P. DECEMBER 1, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
Page 55
99-0406.txt
NO. 112
T.GARLOCK - PROP. NEW ZOO/AQUARIUM (ITEM
NO. 97 C.C.P. SEPTEMBER 2, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 113
PARKING STUDY ADV. COMM. REPORT
(MAYOR)(4191,2/17)
(ITEM NO. 228 C.C.P. JULY 21, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 114
RESULT NEG. - 935 CLINTON ETC. (CD)
(ITEM NO, 11 8 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 115
J.FENNIE-REQ. FOR REFUND-170 W. CHIPPEWA
(ASSESS.)
(ITEM NO. 15 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 116
DISCRETIONARY USAGE (BANDSHELL)
(ITEM NO. 104, C.C.P., JAN. 12, 1999)
That the Corporation Counsel file their opinion with this
Common Council as to the following questions:
1. Does the Commissioner of Human Resources, Parks and
Recreation, have the authority to waive bandshell fees at this
discreation?
2. If not, would the City Charter have to be amended to
grant the Commissioner authority to waive the fees?
3. Would this in the City Charter diminish the powers of the
Common Council?
4. Would the amendment have to go to a public
referendum?
That the Corporation Counsel file an opinion in the City
Clerk's office and prepare an ordinance amendment to allow
the Commissioner of Human Services, Parks and Recreation
to waive the fee in accordance with the criteria provided in
Item No. 36, C.C.P. March 23, 1999.
ADOPTED.
NO. 117
WAIVING BANDSHELL FEES (LAW)
(ITEM NO. 23 C.C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 118
REPORT-ASSESSMENT REVIEW FORMS (ASMT)
(ITEM NO. 19 C.C. P. MARCH 9, 1999)
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That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 119
AUCTION OBSOLETE VEHICLES
(ITEM NO. 38, C.C.P., MAR. 23, 1999)
That the Commissioner of General Services be, and he
hereby is authorized to auction the obsolete vehicles from
the Department of Community Development/Mayor' Impact
Team as listed in the above communication.
Passed.
AYES-10, NOES-0
NO. 120
REPORT OF AUDIT-DEPT. OF POLICE
(ITEM NO. 4 C.C. P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 121
BUFFALO WATER BD. METER CHANGE OUT
PROGRAM
(ITEM NO. 12 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 122
ACQUIRE 693 MAIN STREET
(ITEM NO. 15 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 123
RESULTS OF NEGOTIATIONS - 713
NORTHUMBERLAND
(ITEM NO. 30, C.C.P., MAR. 23, 1999)
That the offer from Mr. Charles Bums, residing at 51
Richlawn Avenue, in the sum of One Thousand and One
Hundred Dollars ($ 1,100.00) for the sale of 713
Northumberland, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed
AYES-10, NOES-0
NO. 124
RESULTS OF NEGOTIATIONS - 1203 JEFFERSON
AVENUE
(ITEM NO. 31, C.C.P., MAR. 23, 1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
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Mrs. Lotempio moved:
That the offer from Mr. James Harris on behalf of St.
John's Lodge, No. 16, 17 Kingsley Street, in the sum of One
Thousand and Five Hundred Dollars ($1,500.00) for the sale
of 1203 Jefferson Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed
AYES-10, NOES-0
NO. 125
RESP. - WAIVING BANDSHELL FEE
(ITEM NO. 36 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 126
CERTIORARI PROCEEDINGS - SEARS, ROEBUCK &
COMPANY - 1866 & 1868 FILLMORE
(ITEM NO. 9, C.C.P., JAN. 26, 1999)
(ITEM NO. 101, C. C.P., MAR. 23, 1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mrs. Lotempio moved that the above item be recommitted to
the Committee on Finance.
ADOPTED.
NO. 127
$450 FORECLOSURE FEE
(ITEM NO. 144, C.C.P., MAR. 23, 1999)
Mrs. Lotempio moved that the above item be recommitted to
the Committee on Finance.
ADOPTED.
NO. 128
KALEIDA HEALTH, PETITION TO REZONE 184-214
SEVENTH STREET (300 NIAGARA STREET)
(ITEM NO. 62, C.C.P., MAR. 23, 1999)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Coppola moved:
That the Common Council of the City of Buffalo does
hereby ordain as follows:
That that part of the Zoning Ordinances of the City of
Buffalo, Section 511-126 of Article XXV of Chapter 511 as it
relates to the use map thereof be amended to show a "C-2"
Commercial District rather than a "C-M" and "R-5" District
for the premises known as 184-214 Seventh Street (300
Niagara Street), and more particularly described as follows:
All that Tract or parcel of land situate in the City of Buffalo,
County of Erie, State of New York, being part of Block 37
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and being more particularly described as follows:
Beginning at the intersection of the north line of Carolina
Street and the west line of Seventh Street; thence westerly
along the north line of Carolina Street 465.32 feet to a point
715.75 feet east of the east line of the New York State
Thruway; thence northerly along the northeasterly line of
lands conveyed to the Buffalo Municipal Housing Authority
by Liber 8699 of Deeds at page 545, 317.43 feet more or
less to the south line of the New York State Thruway; thence
northeasterly along the south line of the New York State
Thruway II 2.62 feet to an angle point; thence continuing
easterly along the south line of the New York State Thruway
223.89 feet to a point; thence continuing easterly along the
south line of the New York State Thruway, 132.46 feet to the
west line of Seventh Street; then southerly along the west
line of Seventh Street 334.55 feet to the point of beginning.
All that tract or parcel of land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Block
No. 35 of the former South Village of Black Rock, bounded
and described as follows:
Beginning at the intersection of the northeasterly line of
Seventh Street (as a 66 foot street) with the northwesterly
line of Carolina Street (as a 66 foot street); thence
northwesterly along the northeasterly line of Seventh Street;
159.5 feet to a point; thence northeasterly at an interior
angle of 89 degrees 5 8 minutes and parallel with Carolina
Street, 116.5 feet to a point-, thence southeasterly parallel
with Seventh Street, 43 feet to a point, thence northeasterly
parallel with Carolina Street, 13.72 feet to a point; thence
southeasterly parallel with Niagara Street, 116.5 feet to a
point in the northwesterly line of Carolina Street, 15 1.61 feet
southwest of the intersection of northwesterly line of Carolina
Street with southwesterly line of Niagara Street; thence
southwesterly along the northwesterly line of Carolina Street,
130.16 feet to the point or place of beginning.
All that tract or parcel of land, situate in the City of Buffalo,
County of Erie and State of New York, being part of Block
number 35 of the former South Village of Black Rock and
being more particularly described as follows:
Commencing at the point of intersection of the
northwesterly line of Carolina Street (66.0 ft. wide) with the
southwesterly line of Niagara Street (99.0 ft. wide) and
running thence southwesterly and along the northwesterly
line of Carolina Street, a distance of ten (10.00) feet to the
point of beginning, and continuing thence southwesterly and
along the northwesterly line of Carolina Street one hundred
eleven and sixty-one hundredths (111.61) feet to a point,
said point being the southerly-most corner of land conveyed
to the Buffalo Urban Renewal Agency by parcel 2 of deed
filed in liber 9995 at page 330;
Running thence northwesterly, parallel with Niagara Street
and along the southwesterly line of parcel 2 of deed liber
9995, page 330, a distance of seventy-six and forty-seven
hundredths (76.47) feet, to a point,
Running thence northeasterly parallel with Carolina Street
and along the northwesterly line of parcel 2 of deed liber
9995, page 330 a distance of thirteen and sixty-one
hundredths (13.61) feet to a point,
Running thence southeasterly and parallel with Niagara
Street a distance of ninety-seventh hundredths (0.97) feet to
a point;
Running thence northeasterly parallel with Carolina Street
and along the southwesterly line of parcel 2 of deed liber
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9995 page 330, a distance of ninety-eight (98.00) feet to a
point which is ten (10.00) feet southwest of the
southwesterly line of Niagara Street as measured along a
line drawn parallel to Carolina Street.
Running thence southeasterly, parallel to Niagara Street a
distance of seventy-five and fifty hundredths (75.50) feet to
the point of beginning containing 8439 square feet or 0. 1.94
acres of land, more or less.
This rezoning shall be effective providing the following
conditions are met:
That this rezoning shall not be effective unless and until a
certified copy thereof has been filed by the petitioner in the
offices of the Erie County Clerk's Office and proof of such
filing is submitted to the City Clerk's Office.
That this rezoning will not be effective until such conditions
as set by the City Planning Board are met.
That this Common Council finds this action to be an
Unlisted Action under the S.E.Q.R. Act and adopts
petitioner's findings such that no further environmental
review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter
that the immediate passage of the foregoing ordinance is
necessary.
Approved as to Form
Michael B. Risman
Corporation Counsel
Passed
AYES-10, NOES-0
NO. 129
ISSAAC MITCHELL, PETITION TO USE 3125 BAILEY
AVENUE - TAKE OUT RESTAURANT
(ITEM NO. 64, C.C.P., MAR. 23, 1999)
That after the public hearing before the Committee on
Legislation on March 30, 1999, the petition of Issac Mitchell,
agent, for permission to use 3125 Bailey Avenue for a take
out restaurant be, and hereby is approved.
Passed.
AYES-10, NOES-0
NO. 130
LOREN SINGER, PETITION TO USE 590 KENMORE
AVENUE - HALFWAY HOUSE
(ITEM NO. 65, C.C.P., MAR. 23, 1999)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mrs. Lotempio moved:
That after the public hearing before the Committee on
Legislation on March 30, 1999, the petition of Loren Singer,
agent, for permission to use 590 Kenmore Avenue for a
halfway house be, and hereby is approved.
Passed.
Ayes-10, Noes-0
NO. 131
BRAD WALES, PETITION TO USE 765 ELMWOOD
AVENUE - STORE/CAFE WITH OUTDOOR CAFE
(TEM NO. 66, C. C.P., MAR. 23, 1999)
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That after the public hearing before the Committee on
Legislation on March 30, 1999, the petition of Brad Wales,
owner, for permission to use 765 Elmwood Avenue for a
store/cafe with an outdoor cafe be, and hereby is approved
with the conditions:
1. That there be no outside music
2. That the patio closes at 11:00 p.m.
Passed.
AYES-10, NOES-0
NO. 132
E.C.I.D.A., PETITION TO USE 620 TIFFT STREET -
OUTSIDE STORAGE FACILITY
(ITEM NO. 74, C.C.P., FEB. 23, 1999)
That after the public hearing before the Committee on
Legislation on March 30, 1999, the petition of E.C.I.D.A.,
owner, for permission to use 620 Tifft Street for an outside
storage facility be, and hereby is approved with conditions as
set by the City Planning Board.
Passed.
Ayes-10, Noes-0
NO. 133
CLOSING OF TOP'S MARKET
(ITEM NO. 144 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 134
GENESEE ST. TOPS MKT. UPDATE (BERC)
(ITEM NO. 67 C. C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 135
REAPPT.-MEMBERS-ZONING BD. (MAYOR)(#2,2/23)
(ITEM NO. 116 C.C.P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 136
EXAM.BD. OF ELECTICIANS-ADOPT 1999 NATL.
ELECTRICAL CODE (ITEM NO. 1 C.C.P.MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 137
LDA-NEW BUFFALO INDUSTRIAL PARK-SYED FAMILY
LLC/TRU-MOLD SHOES, INC.
(ITEM NO. 9C.C.P. 3/23/99)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
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DEVELOPMENT.
public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and
a Notice of same has been published in the Buffalo News, a
copy of which is attached hereto.
On a motion by Mrs. Lotempio seconded by Ms. Gray. the
item is properly before the Common Council, and the
hearing is opened.
CARRIED.
Appearances - Mary Ann DeMarco, CD
Mrs. Lotempio now moved that the hearing be closed.
Seconded by Mr. Coppola
CARRIED.
That the above item be and the same hereby is approved
Passed
Ayes-10, Noes-0
NO. 138
BEDC - ANNUAL AUDIT ENDING 5/31/97
(ITEM NO. 176 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 139
BEDC -1998/99 BUDGET
(ITEM NO. 177 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 140
BERC -AUDIT & BUDGET
(ITEM NO. 73 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 141
BERC -BUSINESS LOAN
(ITEM NO. 263 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 142
BERC -BUSINESS LOANS
(ITEM NO. 105 C. C.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 143
BERC -BERC/MWBE 1998 BUSINESS LOANS
(ITEM NO. 72 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
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NO. 144
BERC -BERC/M\VBE BUSINESS LOAN (CD)
(ITEM NO. 63 C.C.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 145
BMHA LAYOFFS
(ITEM NO. 264 C.C.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed. ADOPTED
NO. 146
NYSDEC-REG. OF SITES-HAZ.WASTE-204 BRISTOL ST.
(ITEM NO. 45 C.C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 147
NYSDEC-REG. OF SITES-HAZ.WASTE-204 BRISTOL ST.
(CD)
(ITEM NO. 52 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 148
R. MARINO-NYSDEC-DEL. FROM REG. OF INACTIVE
WSTS.-2048 BRISTOL
(ITEM NO. 86 C. C. P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 149
NYSDEC REGISTRY. OF HAZ. WST. SITES-TIFFT ST.
LEHIGH VALLEY RAILROAD
(ITEM NO. 54 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED.
SPECIAL MEETINGS
POLICE OVERSIGHT COMMITTEE
(ROBERT R. QUINTANA, CHAIRMAN)
NO. 150
L. RENFORD-CCAPA-COMMENTS-POLICE
MISCONDUCT
(ITEM NO. 90 C.C. P. MARCH 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 151
RECOMMENDATIONS BY-CCAPA
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(ITEM NO. 21 C.C.P. MARCH 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 152
POLICE DEPT. VEHICLE MAINTENANCE
(ITEM NO. 119 C.C.P. DECEMBER 29, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 153
POLICE DEPT. VEHICLE MAINTENANCE (POLICE)
(ITEM NO. 34 C. C. P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 154
STAFFING AT PRECINCT 411
(ITEM NO. 95 C.C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 155
STAFFING AT PRECINCT #11 (POLICE)
(ITEM NO. 36 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 156
STAFFING AT PRECINCT 411 (POLICE)
(ITEM NO. 37 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 157
POLICE RPT. PERSONNEL STAFF/DISTR.
BOUNDARIES
(ITEM NO. 36 C.C.P. DECEMBER 15, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
RESOLUTIONS
NO. 158
By: Alfred T. Coppola
City Street Lights
Whereas: We pay 27 cents a kilowatt for our street lights;
which is highway robbery; and
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Whereas: It has just come to our attention that a newly
appointed night time crew of Niagara Mohawk has identified
burnt out lights throughout the city; and
Whereas: The City of Buffalo pays for the City lights
whether they are working or burnt out; and
Whereas: Since Niagara Mohawk has been found to be
overcharging the city for other accounts, in all probability
they are probably overcharging us for our street lights
account also;
Now, Therefore, Be It Resolved:
The Department of Public Works conduct an investigation;
accounting for all of the street lights owned by the City of
Buffalo; and
Be It Further Resolved:
The Department of Public Works review with their outside
company, Troy & Banks, to identify all overcharging made to
the City of Buffalo for our street lights; and
Be It Finally Resolved:
That Niagara Mohawk inform this Common Council and
the Public as to their operator manned hotline number that
can be called when identifying burned out lights.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIAPALIZATION OF ELECTRICAL SERVICES AND
THE COMMISSIONER OF PUBLIC WORKS, AND
NIAGARA MOHAWK AND THE CORPORATION COUNSEL
NO. 159
BY: ALFRED T. COPPOLA
LOCAL EFFORTS TO REDUCE GLOBAL CLIMATE
CHANGE
Whereas: The potential effects of climate change could
dramatically impact cities and the' residents in such areas as
sea level change, public health, extreme weather conditions,
and economic dislocation; and
Whereas: Local governments greatly influence their
energy usage by exercising key powers over land use,
transportation, building construction, waste management,
and, in many cases, energy supply and management; and
Whereas: Local government actions taken to reduce
greenhouse gas emissions and increase energy efficiency
provide multiple local benefits by decreasing air pollution,
creating jobs, reducing energy expenditures, and saving
money for the city government, its businesses and its
citizens; and
Whereas: The actions of federal agencies sometimes are
detrimental to local governments' efforts to reduce
greenhouse gas emissions;
Now, Therefore, Be It Resolved:
That this Common Council take a leadership role in
increasing energy efficiency and reducing greenhouse gas
emissions from municipal operations; and 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
Be It Further Resolved:
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
Be It Finally Resolved:
That federal agencies be encourage to jointly consider the
long-term impact of their actions to avoid unintentionally
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interfering with local governments' efforts to mitigate global
warming.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF GENERAL SERVICES
NO. 160
By: Alfred T. Coppola
SUPPORT FUNDING OF THE LAND AND WATER
CONSERVATION FUND ANNUALLY, INCLUDING
REVITALIZATION OF THE STATEWIDE GRANTS
PROGRAM I
Whereas:In 1964, Congress created the Land and
Water Conservation Fund (LWCF) to assure that all
Americans have access to high quality recreation resources,
to enhance the health and vitality of the Nation, and to
preserve valuable habitat; and
Whereas:Investments from the fund support the
creation of public parks, efficient management of forests,
preservation of clean water and open spaces and guarantee
outdoor recreational opportunities, and other social and
environmental objectives for the nation; and
Whereas:Since its creation, LWCF has been
responsible for the acquisition of nearly seven
million acres of parks, public forests, and open space
including the development of more than 37,500 state and
local resource conservation and recreation projects,
including playgrounds, ball fields, national historical sites,
scenic trails, and nature reserves; and
Whereas:The LWCF is authorized to invest $900
million annually in recreational resources, Principally from
Public revenue received from off-shore energy extraction,
and that the Congress must annually appropriate funds from
the LWCF account; and
Whereas:The Congress envisioned and
encouraged, and the Act authorizes federal-state, local
partnerships to create a national network of public parks
another recreation resources accessible to all people; and
Whereas:The fund emphasizes the need to
conserve public spaces and to develop and maintain state
and local resources in anticipation of increasing Population
and response to rapid changes in land use and availability;
and
Whereas:For several years, no allocations have
been made to fund the stateside grants Program, through
the enabling legislation provided for such allocations and
encourage Congress to Provide "Close to home" sites and
recreate Opportunities; and
Whereas:Without Congressional allocations for
stateside Programs, states are severely limited in their
capacity to develop parks and open spaces or Provide funds
to local jurisdictions for the creation of neighborhood
recreational facilities; and
Whereas:The need to Preserve open spaces and
develop and maintain local parks and on such facilities by
ever increasing Populations; and recreational facilities
becomes more critical each year due to the demands placed
Whereas:State and local governments equally
match federal fiscal resources, then assume all costs Of
management and provision of recreation services, thus often
containing the cost Of Potential federal actions to meet
Public demand;
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Now, Therefore, Be It Resolved:
That this Common Council see, as an absolutely critical
need, the full funding of the LWCF annually, including
revitalizing the stateside grants Program; and
Be It Further Resolved:
That this Common Council encourages Congress to
allocate roughly 40% of the funds available for the stateside
programs to be divided equally among the states to fund
state and municipal projects.
ADOPTED
NO. 161
By: Mr. Fontana
Public Access Programming
Whereas:Last Saturday night April 3, 1999 at
10:30 p.m. I had the displeasure of watch' a vulgar, non
entertaining program on channel 18 public access in Buffalo;
and
Whereas:The shows name was " Thunderbird
Theater "; and
Whereas:Unlike the name implies the program
had nothing to do with a Ford Automobile; and
Whereas:The show host " Harry " referred to
many vulgar sexual acts and continuously put down the City
of Buffalo in which we all live; and
Whereas:The show host wears a ski mask
covering his face throughout the show; and
Now, Therefore, Be It Resolved: That the Common
Council expresses it's opposition to this worthless program;
and
Be it Finally Resolved: That channel 18 and Buffalo Media
Resource Center Squeaky Wheel provide this Council with
information regarding their policies on language and
program content.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS , THE OFFICE OF
TELECOMMUNICATIONS AND BUFFALO MEDIA
RESOURCES
NO. 162
By: Mr. Franczyk:
BOND RESOLUTION
$800,000 BONDS
ALLENDALE THEATRE RESTORATION
ACCOUNT NO. 200-717
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $800,000 General Improvement
Bonds of said City, to finance the cost of partial
reconstruction of and construction of an addition to the
Allendale Theatre located at 203-209 Allen Street, in the
City, at the estimated maximum cost of $800,000.
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 Eight Hundred
Thousand Dollars ($800,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law,
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constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"), to finance the cost of partial
reconstruction of and construction of an addition to the
Allendale Theatre located at 203-209 Allen Street, in the
City, including completion of interior restoration. 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 $800,000 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, "Reconstruction of Allendale Theatre, 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 $800,000.
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)Said building is of at least Class "B" construction,
as defined by Section 11.00
a.11 (b) of the Law and the period of probable
usefulness applicable to the specific object or purpose which
the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00
a.12(a)(2) of the Local Finance Law, is fifteen (I 5)
years.
(b)Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity 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
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(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: April 6, 1999
LAID ON THE TABLE
NO. 163
By: Mr. Franczyk:
BOND RESOLUTION
$400,000 BONDS
HAZARDOUS MATERIALS RESPONSE VEHICLE
ACCOUNT NO. 200-210
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $400,000 General Improvement
Bonds of said City to finance the cost of the purchase of a
Hazardous Materials Response Vehicle for the Fire
Department, at the estimated maximum cost of $400,000.
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 Four Hundred
Thousand Dollars ($400,000), 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
purchase of a Hazardous Materials Response Vehicle for the
Fire Department. 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
$400,000 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 Fire, "Purchase of HazMat Vehicle, 1998-99"
Account No. 200-210, 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 $400,000.
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 which the bonds authorized by
this resolution are to be issued, within the limitations of
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Section 1.00 a. 35 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 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: April 6, 1999
LAID ON THE TABLE
NO. 164
By: Mr. Franczyk:
BOND RESOLUTION
$250,000 BONDS
PUMPER TRUCK
ACCOUNT NO. 200-210
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $250,000 General Improvement
Bonds of said City to finance the cost of the purchase of a
pumper truck for the Fire Department, at the estimated
maximum cost of $250,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of Two Hundred
Fifty Thousand Dollars ($250,000), pursuant to the
provisions of the Charter of said City and the Local Finance
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Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"), to finance the cost of the
purchase of a pumper truck for the Fire Department. 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 $250,000 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 Fire, "Purchase Pumper Truck, 1998-99 "
Account No. 200-210, and shall be used for the purpose
specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $250,000.
This resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a)The period of probable usefulness applicable to
the specific object or purpose which the bonds authorized by
this resolution are to be issued, within the limitations of
Section 11.00 (a) 27 of the Local Finance Law, 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
Page 71
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(C)such obligations are authorized in violation of the
provisions of the constitution.
Introduced: April 6, 1999
LAID ON THE TABLE
NO. 165
By: Mr. Franczyk
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF BUILDINGS
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 $160,000 be and the same is
hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $160,000
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $160,000
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $160,000
To:
200 Capital Project Fund
402 - Division of Buildings
063 - Reconstruction of City Owned Swimming & Diving
Pools $160,000
Passed
Ayes-10, Noes-0
NO. 166
By: Mr. Franczyk
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF BUILDINGS
DIVISION OF DEVELOPMENT
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 $42,500 be and the same is
hereby transferred from the Division of Budget and
Management - Planning for Capital Improvements account
and said sum is hereby reappropriated as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
001 - Planning for Capital Projects $42,500
To:
203 Capital Project Fund
402 - Division of Buildings
014 - Underground fuel tank removal and related work
$25,000
203 Capital Project Fund
717 - Division of Development
Page 72
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503 - Allendale Theater - Continuing Renovations, $17,500
Passed
Ayes-10, Noes-0
No. 167
By: Mr. Franczyk
TRANSFER OF FUNDS
COMMON COUNCIL
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 $17,350 be and the same is
hereby transferred within the Common Council and said sum
is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council
004 - Councilmember Coppola
110 - Salary - Regular $10,900
008 - Councilmember Helfer
305 - Meal & Lodging $1,100
011 - Councilmember Manley
302 - Travel $990
305 - Meal & Lodging $1,250
306 - Registration Fees & Dues $ 150
012 - Councilmember Lotempio
302 - Travel $ 900
305 - Meal & Lodging $1,250
306 - Registration Fees & Dues $ 900
To:
100 General Fund
010 - Common Council
001 - Legislative
112 - Temporary Services $17,350
Passed
Ayes-10, Noes-0
NO. 168
By: Mr. Franczyk
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF BUILDINGS
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Exempt
Items - Reserve for Capital Improvements be and the same
hereby is increased in the sum of $100,000.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $ 1 00,000 from 100-890-050
- Reserve for Capital Appropriations to meet this increased
appropriation as set forth below:
To:
100 General Fund
819 - Exempt Items
842 - Reserve for Capital Improvements $100, 000
Passed
Ayes-10, Noes-0
NO. 169
By: Mr. Franczyk
Page 73
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INCREASED APPROPRIATION
GENERAL CITY REVENUES - REIMBURSEMENTS BULK
GAS PURCHASES
GENERAL CITY CHARGES - GAS
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 General
City Charges - Gas (100-812000-00-223), be and the same
is hereby increased in the sum of $223,809.17.
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
From:
100 - General Fund
810-402-90050 - Reimbursement - Bulk Gas Purchases
$223,809.17
To meet the increased appropriation as set forth below:
To:
100 General Fund
812 - Miscellaneous Charges
223 - Gas $223,809.17
Passed
Ayes-10, Noes-0
NO. 170
By: Mr. Franczyk
Increased Appropriation
Reserve for Capital Appropriations
Department of Human Services, Parks and
Recreation
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 Human Services, Parks and Recreation - Division for
Youth - Exempt Items be and the same hereby is increased
in the sum of $865.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $865 from 100-890-050 -
Reserve for Capital Appropriations to meet this increased
appropriation as set forth below:
To:
100 General Fund
50 - Department of Human Services, Parks and Recreation 6
- Division for Youth 085 - Exempt Items
982 - Operating Equipment $865
Passed
Ayes-10, Noes-0
NO. 171
BY: MS GRAY
SALARY ORDINANCE AMMENDMENT
21 - 0 DEPARTMENT OF FIRE
022 ADMINISTRATIVE SERVICES
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City
of Buffalo, relating to 210 Department of Fire, 022
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Administrative Services which reads:
1 Account Clerk Stenographer $ 23,547 26,231
Is hereby amended to read:
1 Workman's Compensation Analyst $ 29,468 - $ 34,301
We, CORNELIUS J. KEANE, COMMISSIONER OF FIRE,
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
Michael Risman
Corporation Counsel
03/22/99 ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 172
By: MS GRAY
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
2 - DIVISION OF BUILDINGS
031 OPERATION & MAINTENANCE OF
PUBLIC BUILDINGS
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 40 - Department of Public
Works, 2 - Division of Buildings, 031 Operation &
Maintenance of Public Buildings, which reads:
15 Laborer I $ 19,982 - $ 22,675
Is hereby amended to read:
15 Laborer I $ 19,982 - $ 22,675
1 Laborer I (R. Martz, Only) $ 19,982 - $ 22,675
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.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
03/24/99 ATTACHMENT
Passed
Ayes-10, Noes-0
NO. 173
By: MS GRAY
SALARY ORDINANCE AMENDMENT
Page 75
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06 - DEPARTMENT OF ADMINISTRATION & FINANCE
3 - DIVISION OF LABOR & EMPLOYEE RELATIONS
002 CIVIL SERVICE
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to Department of Administration
& Finance, 3 - Division of Labor & Employee Relations, 002
Civil Service, which reads:
1 Typist $ 21,917 - 24, 256
Is hereby amended to read:
2 Typist $ 21,917 - 24, 256
This position is authorized until June 30,1999 pursuant to
a contractual Agreement between the City of Buffalo and
The Board of Education
We, EVA M. HASSETT, COMMISSIONER OF
ADMINISTRATION & FINANCE, 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
Michael Risman
Corporation Counsel
03/31/99 ATTACHMENT
REFERRED TO THE COMITTEE ON CIVIL SERVICE
NO. 174
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
09 - 0 - DEPARTMENT OF ASSESSMENT
001 - DIVISION OF ASSESSEMENT
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 09 0 Department of
Assessment, 001 -Division of Assessment which reads:
3 Assessor Trainee $ 22,883 - 25,495
Is hereby amended to read:
3 Assistant to the Assessor $ 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 SOLE, COMMISSIONER OF
ASSESSMENT, 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
Page 76
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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
Michael Risman
Corporation Counsel
03/24/99 ATTACHMENT
Passed
Ayes-10, Noes-0
NO. 175
By: Mr. Helfer
Support Elimination of Sales Tax on Clothing and Shoes
in Erie County
Whereas:New York State officials are currently
working to repeal sales tax on clothing and shoes priced at
less than $110.00 effective at the end of 1999 and to give
counties the option to opt out of imposing the local sales tax
on these purchases of clothing and shoes; and
Whereas:Consumers in Erie County currently pay
8% sales tax on purchases of clothing and shoes-and
Whereas:The eight percent is divided according to
the following formula:
* 4% goes to New York State (this is the portion that New
York State officials are working to repeal)
*3% is divided between Erie County, the City of Buffalo,
and local municipalities and school boards
ú1% goes completely to Erie County; and
Whereas:This tax provides an incentive for
consumers to shop in communities that do not tax clothing
and shoes; in addition, many Western New Yorkers shop in
Canada because they receive a favorable exchange rate for
the American dollar; and
Whereas:In fact, according to an article that
appeared in The Buffalo News on February 19, 1999, the
number of Americans making one-day trips to Canada has
increased more than 35 percent since 1992 while fewer
Canadians are making one-day trips to the United States;
and
Whereas:This means that the burden of the sales
tax is being borne by local consumers. The same local
consumers are already overtaxed- in addition to the sales
tax, local residents pay property taxes, income tax, and
taxes on certain goods- and
Whereas:Eliminating the sales tax on clothing and
shoes priced under $110 dollars would encourage residents
to shop locally rather than providing them with an incentive
to seek better deals in communities that do not charge sales
tax- and
Whereas:We have a unique opportunity to let our
County legislators, New York State representatives, and
business leaders know that we are committed to
encouraging residents to shop locally; this will strengthen
and revitalize our community and stimulate our economy-,
Now, Therefore, Be It Resolved:
That this Honorable Body applauds New York State
officials for their efforts to repeal their share of the sales tax
on clothing and shoes less than $1 10; and
Be It Further Resolved:
That the Buffalo Common Council supports the elimination
Page 77
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of sales tax on clothing and shoes in Erie County; and
Be It Finally Resolved:
That the City Clerk forward certified copies of this
resolution to County Executive Dennis Gorski, all of the
members of the County Legislature, and the municipalities
and school boards that normally receive a share of this sales
tax.
ADOPTED
NO. 176
BY: MRS. LOTEMPIO
COUNCILMEMBER DALE L. ZUCHLEWSKI IS EXCUSED
FROM THE APRIL 6, 1999 COUNCIL MEETING.
Now, Therefore, Be It Resolved:
That Councilmember Dale L. Zuchlewski be excused from
attendance at the stated Common Council meeting of April
6. 1999.
ADOPTED
NO. 177
By: Mrs. Rosemarie LoTempio
Council President James W. Pitts is excused from the
April 6, 1999 Council Meeting.
Now, Therefore, Be It Resolved:
That Council President James W. Pitts be excused from
attendance at the stated Common Council meeting of April
6, 1999.
ADOPTED
NO. 178
By: Mrs. LoTempio Mrs. Williams
WAIVE RENTAL FEES FOR NORTH AMERICARE PARK
Whereas:The Director of the Stadium, Mr.
Masiello, requested permission to extend the pilot program
at North Americare Park for an additional year which would
allow him to waive rental fees while still covering incremental
costs such as maintenance, security and utilities; and
Whereas:These fees have been waived on
several occasions on a case by case basis for the benefit of
the community; and
Whereas:Increased usage would increase
revenues by allowing the City to realize 20% of concession
revenue from non Bison events and 15% for Bison events;
Now Therefore Be It Resolved:
That the Director of the Stadium be authorized to market
the Stadium more effectively by limiting rental fees for the
period from April 1, 1999 to March 30, 2000 provided
incremental costs are covered; and
Be It Finally Resolved:
That at the end of this authorized period, the Director of
Stadium, Mr. Masiello, shall file with this Honorable Body a
report describing the success of this pilot program for the
approved time period.
Passed
Ayes-10, Noes-0
NO. 179
By: Mrs. LoTempio & Mr. Pitts
Rescind Permanent Easements--Peace Bridge Twin
Span
Page 78
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Whereas:At the meeting of the Common Council
held oil Tuesday, October 6, 1998, item HI 46, C.C.P.
October 6, 1998, "Permanent Easement Peace Bridge Twin
Span," was passed; and
Whereas:This item authorized the Mayor to enter
into permanent casement agreements with the Buffalo and
Fort Erie Public Bridge Authority, for two parcels of city-
owned land for the construction of' the new twin bridge
approved by tile Public Bridge Authority; and
Whereas:The easement agreement for Parcel No.
9 provides permission for the bridge structure to cross over a
parcel of city-owned land that contains all access road to the
Massachusetts Avenue Water Pumping Station; and
Whereas:The easement agreement for Parcel No.
11, in addition to providing permission for the overhead
structure, also allows for the construction of part of bridge
pier No. 10 within the right-of-way of Sheridan Terrace; and
Whereas:Since January of 1998, a tremendous
number of public comments and written responses have
been submitted to tile Coast Guard opposing tile issuance of
a construction permit for the Peace Bridge Capacity
Expansion Project. Public support has been opposed to the
Twin Span proposal and supportive of a Single span
Signature Bridge; and
Whereas:The Common Council recently adopted
res. #131, C.C.P. March 23, 1999, "Denial of Construction
Permit for Twin Span Peace Bridge," requesting the Coast
Guard not to issue a permit for tile construction of the Twin
Span until a proper Environmental Impact Study is
completed by the Peace Bridge Authority, and directing city
departments not to issue any city permits needed for
construction of the twin span; and
Whereas:The Mayor of the City of Buffalo has notified the
Common Council that the adoption of res. # 131, C.C.P.
March 23, 1999, "Denial of Construction Permit for Twin
Span Peace Bridge," does not remove the Mayor's authority
to execute the easement agreements authorized by item
#146, C.C.P. October 6, 1998; and
Whereas:The Mayor is now asking tile Common
Council to formally rescind tile authorization previously
granted to him in order to comply with the desire of tile
citizens of this city and the numerous public officials who are
opposed to the twin bridge proposal;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo formally
rescinds the authorization previously granted to the Mayor to
enter into permanent casement agreements for two parcels
of city-owned land with the Buffalo and Fort Erie Public
Bridge Authority for the construction of the twin bridge
proposal; and
Be It Further Resolved:
That the Corporation Counsel take the appropriate steps
necessary to rescind the permanent casement agreements
with the Buffalo and Fort Erie Public Bridge Authority.
Passed
Ayes-10, Noes-0
NO. 180
By: Mrs. LoTempio & Mr. Zuchlewski
SEQR BFLO. INNER HARBOR DEVELOPMENT
PROJECT
Attached is a finding statement pertinent to the above
Page 79
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named project. Said document is available for review in the
City Clerks Office.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 181
BY: MR. QUINTANA AND MR. PITTS, MRS. WILLIAMS
URGE HEALTH CARE PLAN TO REMAIN DOWNTOWN
Whereas:Health Care Plan has headquartered
their administrative offices in the Guaranty Building for 17
years, occupying 8 of the 13 floors; and
Whereas:Health Care Plan's decision to leave the
downtown area for another location in Amherst will have a
devastating effect on the Guaranty Building as well as
Downtown's economy; and
Whereas:When Health Care Plan contemplated
leaving the City in 1996, the City of Buffalo and Erie County
put together an incentive package designed to restructure
the building's debt and give Health Care Plan a reduced rate
on parking; and
Whereas:This decision comes at a time when
Buffalo's Downtown is at a pivotal point of development and
prosperity; and
Whereas:Unaware of the pending decision, the
City had no time to offer incentives to this rapidly growing
company to stay or relocate to another suitable site within
downtown; and
Whereas:It is highly unfortunate for all
Buffalonians to see yet another solid company leave the City
for the suburbs; and
Whereas:This move will also lead prospective
investors to re-think about investing and settling in
Downtown Buffalo;
Now, Therefore, Be It Resolved:
That the Administration immediately contact Health Care
Plan executives in an effort to convince them to stay in
Buffalo; and
Be it Further Resolved:
That the Commissioner of Community Development, the
President of BERC, and the CEO of Health Care Plan come
before the next meeting of the Common Council's
Community Development Committee to discuss this matter;
and
Be It Finally Resolved:
That this Council formally requests that the Amherst
Industrial Development Agency hold off on any approvals
until the City has a fair chance to make an appeal to Health
Care Plan concerning their decision to leave Downtown
Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT., THE COMMISSIONER OFFICE
COMMUNITY DEVELOPMENT, THE BERC AND HEALTH
CARE PLAN
NO. 182
By: Mrs. Miller-Williams
Permission to Hang Banner
Whereas: WGRZ-TV Channel 2 will sponsor the Kids
Escaping Drugs Telethon on Sunday, April 18, 1999; and
Whereas: To announce this special event, WGRZ-TV
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Channel 2 is seeking permission to hang a banner across
Delaware Avenue in front of its station, located at 259
Delaware Avenue, from April 5 through April 19,
1999; and
Whereas: The Kids Escaping Drugs Telethon is an
important and worthwhile event held annually;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants
permission to WGRZ-TV Channel 2 to hang a banner
announcing the Kids Escaping Drugs Telethon to be held on
Sunday, April 18, 1999; and
Be It Further Resolved:
That said banner will hang across Delaware Avenue in front
of WGRZ-TV Channel 2 station, located at 259 Delaware
Avenue, from April 5 through April 19,1999;and
Be It Finally Resolved:
That said banner meet all the requirements set forth by the
Department of Public Works and the Corporation Counsel,
and that no existing laws be violated.
PASSED
AYES-10. NOES-0.
NO. 183
By: Mrs. Miller-Williams
Permission to Hang Banner
Whereas: In recognition of Better Hearing and Speech
Month in May, the Buffalo Hearing & Speech Center is
requesting to hang a banner in Niagara Square for that
month; and
Whereas: The Center feels this would be an effective way to
create awareness about communication disorders and
provide resource information to those whose communication
problems are creating barriers to living a fulfilled life; and
Whereas: The Buffalo Hearing & Speech Center, a not-for
profit organization, is the only local comprehensive
diagnostic and treatment center for adults and children with
hearing and speech impairments; and
Whereas: Said banner would hang between light pole 3 4,
located just north of the comer of Delaware Avenue and
Court Street and light pole 3, located directly across on
Niagara Square, from April 30, 1999, to May 31, 1999; and
Whereas: In addition to seeking permission to hang the
banner, the Buffalo Hearing & Speech Center is also seeking
permission to waive all permit, maintenance and
miscellaneous fees connected with hanging the banner;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants
permission to the Buffalo Hearing & Speech Center to hang
a banner on light pole 34, located north of the comer of
Delaware Avenue and Court Street and light pole 3, located
directly across on Niagara Square from April 30, 1999 to
May 31, 1999; and
Be It Further Resolved:
That said banner meets all the requirements set forth by the
Department of Public Works and the Corporation Counsel,
and that no existing laws be violated; and
Be It Finally Resolved:
That all permit maintenance and miscellaneous fees related
to this banner project be waived by the appropriate city
departments.
PASSED
AYES-10. NOES-0.
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NO. 184
By: Mr. Zuchlewski
Appeal New York State Department of Civil
Whereas: Recently, the New York State Department of Civil
Service conducted a review of the Municipal Civil Service
Commission's operations, rules, and procedures, and one of
their findings was that the Commission includes the Board of
Education, Buffalo Sewer Authority, and Buffalo Municipal
Housing Authority as departments of the City in the
Commission's rules. The State Commission has now
directed that each of these entities be treated separately;
and
Whereas: Effective March 3, 1999, compliance with the
State's ruling will result in a change in operation and will
impact upon the following:
"Employees will only be able to take promotional exams for
positions with their current public employer. Each separate
entity will have its own eligible list. When this list is
exhausted, people on lists for one of the other entities will
not be entitled to fill that vacancy..."; and
Whereas: This ruling will obviously impact upon employees
of the City seeking positions with the Board of Education,
Buffalo Sewer Authority, and Buffalo Municipal Housing
Authority, and vice versa. Individuals who wish to be eligible
for appointments to these entities must participate in an
open competitive examination. For example, Public Safety
Officers working for the Buffalo Municipal Housing Authority
can no longer take the Police Officer exam on a promotional
basis, even though they've already had the training and
experience necessary; and
Whereas: Employees will no longer be able to transfer from
one public employer to another. In the event of layoffs, each
employer will have its own separate preferred eligible list.
Therefore, a person laid off from the city will only be on a
preferred eligible list for vacancies with the City and would
have no rights to a vacancy with the Buffalo Sewer Authority,
Board of Education, or Buffalo Municipal Housing Authority,
or vice versa;
Now, Therefore, Be It Resolved:
That the Corporation Counsel and the Municipal Civil
Service Commission be requested to file a report detailing
how this ruling will impact on all employees of the City,
Board of Education, Buffalo Sewer Authority, and Buffalo
Municipal Housing Authority; and
Be It Further Resolved:
That the Corporation Counsel and the Municipal Civil
Service Commissioner file a report on what actions can be
taken to appeal the New York State Department of Civil
Service's ruling.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE CIVIL SERVICE COMMISSION AND THE
CORPORATION COUNSEL
NO. 185
By: Dale L. Zuchlewski
Northwest Academy
Whereas: Northwest Academy, presently under construction
on Military Avenue, is scheduled to open in September,
2000; and
Whereas: As a result of this new school, the Board of
Education will be closing one of the other area grade
schools. This empty school would be better utilized as an
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Early Childhood Center rather than another vacant City
building; and
Whereas: An Early Childhood Center would aid the
stabilization of the neighborhood by offering area residents
access to the first center of its kind in the District. These
centers are a common sight in suburban neighborhoods
where local access to educational facilities is perceived as
part of the appeal, especially for families with young children;
and
Whereas: A common reason for middle class flight from city
to suburban life- is the fear of placing young children on a
bus to attend a school across the city. The realization of a
local Early Childhood Center and a neighborhood school,
such as Northwest Academy, would eliminate this fear for
many families; and
Whereas: In order to attract a racially balanced student
body and ensure that the diverse population of the
neighborhood be represented at both sites, the Proposed
Early Childhood Center and the soon to be opened
Northwest Academy should be neighborhood schools;
Whereas: Neighborhood schools provide a sense of
security, convenience and comfort to parents. They afford
children with the opportunity to walk to school, spend more
time with their studies and families rather than being on a
school bus, and create a sense of community knowing their
afterschool playmates are their academic peers;
Now, Therefore, Be It Resolved:
That this Common Council requests the Buffalo Board of
Education to research the feasibility of opening an Early
Childhood Center in the Black Rock/Riverside Area, using
the proposed or another suitable local site; and
Be It Further Resolved:
That this Honorable Body requests that the Buffalo Board of
Education implement a neighborhood enrollment policy
offering area residents the first opportunity of attending the
Northwest Academy and the proposed Early Childhood
Center.
Be It Finally Resolved:
That the Buffalo Board of Education report their findings
and/or recommendations to this Council; and
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE BOARD OF EDUCATION
NO. 186
By: Dale L. Zuchlewski
NORTHWEST ACADEMY AS A COMMUNITY SCHOOL
Whereas: Northwest Academy, presently under construction
on Military Avenue, is scheduled to open in September,
2000; and
Whereas: The Northwest Academy lot is adjacent to the
Northwest Buffalo Community Center. The Community
Center is a fully functioning agency offering a wide variety of
services to all persons; and
Whereas: The Northwest Academy's unique location gives it
the opportunity to be used to its maximum capability.
Besides being an academic institute during the day, the
school's close proximity to the Community Center would
benefit by being able to better coordinate activities; and
Whereas: Because of the Northwest Buffalo Community
Center, the Northwest Academy has the advantage of being
in a location already known throughout the community and
will have the ability to be a central point in the community
further drawing them together; and
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Whereas: Providing a true community school in the North
District will give a sense of uniqueness and pride to the
neighborhood;
Now, Therefore, Be It Resolved:
That this Common Council requests that the Buffalo Board of
Education detail the steps being taken to assure that
Northwest Academy will be a true Community School open
to area residents to utilize the facilities in conjunction with
the Northwest Buffalo Community Center; and
Be It Further Resolved:
That the Board of Education provide this information to this
Honorable Body and to the community as soon as possible.
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE BOARD OF EDUCATION
NO. 187
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 Aldelpbia Communications Corp.
By Councilmember James Pitts and Charles Michaux
Felicitation for Raynond Appenbeimer
By Councilmember Dennis Manley, Dale Zucblewski,
Charles Michaux
Felicitation for Ms. Martha Mitchell
By Councilmember Kevin Helfer
Felicitation for Bishop Titus Paul Burruss
By Councilmember Byron Brown, James Pitts Charles
Michaux
Felicitation for Reverend Donald L. Jackson
By Councilmember Byron Brown, James Pitts, Charles
Michaux, Beverly Gray, Barbara Willi
Felicitation for Sister Marie Bernarde Procknal
By Councilmember Dennis Manley
Felicitation for Verne Heerdt
By Councilmember Richard Fontana, James Pitts,
Rosemarie LoTempio, Charles Michaux
Felicitation for True Bethel Baptist church
By Councilmember James Pitts, Charles Michaux
ADOPTED.
NO. 188
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONER OF DEEDS
That the 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:
DOROTHY RICHARDS
DONNA M. SMITH
JOSHUA KEVIN FITZPATRICK
SCOTT ZYLKA
PETER SIGURDSON
JASON MERNER
DONALD NOTARO
LORRAINE YAGGER
SUSAN M.MILLER
JOSEPH GOLOMBEK,JR.
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ROBERT J.MILLER
SCOTT L. BRENNAN
SCOTT A. ORCUTT
DIANNA GOODWIN
WILLIE LEE STEWART
ADOPTED.
NO. 189
BY: MR. ZUCHLEWSKI
APPOINTMENTS
COMMISSIONER OF DEEDS
REQUIRED-PERFORMANCE OF PUBLIC DUTIES
That the follows 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;
LAWRENCE F. ADAMCZYK
DAVID KSIAZEK
MELVA V. COBB
JANICE BURGSTAHLER
ADOPTED.
UNFINISHED BUSINESS
NO. 190
BOND RES. - $35,000,000 - TIFFT NATURE PRESERVE
WATER
(NO. 129, C.C.P. MARCH 23, 1999)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Ms. Gray.
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Ms. Gray.
PASSED
AYES-10. NOES-0.
NO. 191
ANNOUNCEMENT OF COMMITTEE MEETINGS
THE FOLLOWING MEETINGS ARE SCHEDULED. ALL
MEETINGS ARE HELD IN THE COUNCIL CHAMBERS,
13TH FLOOR, CITY HALL, BUFFALO, NEW YORK,
UNLESS OTHERWISE NOTED.
REGULAR COMMITTEES
COMMITTEE ON CIVIL SERVICE-TUESDAY, APRIL 13,
1999
at 9:30 o'clock A.M.
Committee on Finance-Tuesday, April 13, 1999
following Civil Service
Committee on Legislation-Tuesday, April 13, 1999 at 2:00
o'clock P.M.
Committee on Community Development- Wednesday,
April 14, 1999 at I 0:00 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, April 7, 1999 at 2:00 o'clock
P.M. in Room 1417 City Hall.
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Special Sub-Committee meeting on Hennepin Park will be
held on Monday, April 12, 1999 at 4:30 o'clock p.m. in Room
1417 City Hall.
Speical Committee on Super Span Task Force will be
meeting on Monday, April 12, 199 at 10:00 o'clock a.m. in
Room 1417 City Hall
Gretchen A. Pound
Council Reporter
NO. 192
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Helfer the
Council adjourned at 2:45 pm.
CHARLES L. MICHAUX, III
CITY CLERK
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