HomeMy WebLinkAbout99-0309
99-0309.txt
No. 5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 9, 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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99-0309.txt
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard 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, MARCH 11, 1999
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Czajka,
Franczyk, Gray, Helfer, Lockwood, LoTempio, Pitts,
Quintana, Williams and Zuchlewski - 12
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by Mr.
Czajka, the minutes of the stated meeting held on
February 23, 1999 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 1
Page 2
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W HALL
1217 MAIN ST.
BAR-RESTAURANT
ITEM NO. 72, C.C.P. 2/23/99
The City Planning Board at its regular meeting held
Tuesday, March 2, 1999, considered the matter captioned
above pursuant to Section 511-79.5 of the Buffalo Code,
Transit Station restricted uses.
The applicant seeks to convert a vacant store into a
restaurant and bar at 1217 Main St.
The Planning Board voted to approve the proposed
restaurant and bar.
RECEIVED AND FILED
NO. 2
T. RORES
1660 NIAGARA ST.
14'X48'X4O' BILLBOARD
ITEM NO. 80, C.C.P. 12/29/98
The City Planning Board at its regular meeting held
Tuesday, March 2, 1999, considered the matter captioned
above pursuant to Section 511-104, 511-68 and 387-19 of
the Buffalo Code, General Standards, Niagara River Coastal
Review District and Application for Ground sign, pole sign or
billboard.
The applicant seeks to erect an illuminated 14'x48'x4O'
billboard sign located at 1660 Niagara St. After several
meetings discussing the placement of the billboard sign, in
relation to existing billboards and the proposed bike path, the
Planning Board was unable to accurately measure distance
separations from the information provided by the applicant.
The Board on several occasions asked the applicant to
provide additional information to assist the Board in making
a decision.
The Planning Board voted to deny the proposed billboard
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 3
M. MIRANDA
3114 MAIN ST.
BAR-RESTAURANT EXPANSION
ITEM NO. 73, C.C.P. 2/23/99
The City Planning Board at its regular meeting held
Tuesday, March 2, 1999, considered the matter captioned
above pursuant to Section 511-79.5 of the Buffalo Code,
Transit Station restricted uses.
The applicant seeks to convert an existing store into
additional restaurant and bar space at 3114 Main St.
The Planning Board voted to approve the proposed
restaurant and bar expansion.
RECEIVED AND FILED
NO. 4
9274 GROUP, INC.
148-152 RAMONA AVE.
REZONE FROM "R2" TO "CL"
ITEM NO. 75, C.C.P. 2/23/99
The City Planning Board at its regular meeting held
Tuesday, March 2, 1999, considered the matter captioned
above pursuant to Section 511-126 of the Buffalo Code,
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Procedures for changes and amendments.
The applicant seeks to rezone 148-152 Ramona Ave. from
11R211 to Alc1fl. The purpose of the rezoning is to allow for
the construction of a new pharmacy with a drive through
pick-up window.
The Planning Board voted to approve the rezoning
request.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 5
CERTIFICATE OF DETERMINATION
$7,000,000 BOND ANTICIPATION
NOTE SALE
CERTIFICATE OF DETERMINATION BY THE
COMPTROLLER RELATIVE TO AUTHORIZATION, SALE,
ISSUANCE, FORM AND CONTENTS OF A $7,000,000
BOND ANTICIPATION NOTE-1999A (TAX EXEMPT) OF
THE CITY OF BUFFALO, NEW YORK
The Bond Anticipation Note was sold at public sale to Fleet
Securities. The Bond Anticipation Note will be dated
February 25, 1999 and will bear interest at the rate of
(3.50%) per annum, payable on February 24, 2000.
The Bond Anticipation Note will be delivered and shall be
paid for on or about February 25, 1999 in New York, New
York.
An Official Statement may be obtained from the offices of
the independent financial advisor to the City, Government
Finance Associates, Inc. of New York, in New York City, at
(212) 635-5900, or the office of the Comptroller, Room 1225
City Hall, Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED
NO. 6
CERTIFICATE OF DETERMINATION
$73,983,000 BOND SALE
Certificate of Determination by the Comptroller determining
the terms, form and details of issuance of (1) $45,758,000
General Improvement Serial Bonds 1999-A and (2)
$28,225,000 School Serial Bonds 1999-B of the City of
Buffalo, New York, aggregating $73,983,000 and providing
for the private sale thereof.
The Bonds are hereby sold at private sale to Fleet
Securities, New York, New York, as Managing Underwriter
on behalf of itself and other underwriters pursuant to the
Contract of Purchase dated February 11, 1999, between
said Managing Underwriter and the City. The bonds of both
issues will be dated February 1, 1999 and will bear interest
at the rate(s) per annum specified by the underwriters
therefor in accordance herewith, payable on August 1, 1999
and semiannually thereafter on the first day of February and
August in each year until maturity.
The Bonds will be delivered and shall be paid for on or
about February 25, 1999 in New York, New York.
An Official Statement may be obtained by the offices of the
financial advisor to the City, Government Finance
Associates, Inc. of New York, in New York, at (212)635-
5900, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716)8515255.
RECEIVED AND FILED
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NO. 7
CERTIFICATE OF DETERMINATION
$15,950,000 REFUNDING BOND SALE
REFUNDING SERIAL BONDS-1999-C
Certificate of Determination by the Comptroller determining
the terms, form and details of sale and issuance of
$15,950,000 Refunding Serial Bonds-1999-C of the City of
Buffalo, New York, and providing for the private sale thereof.
The Bonds are hereby sold at private sale to Fleet
Securities, New York, New York, as Managing Underwriter
on behalf of itself and other underwriters pursuant to the
Contract of Purchase dated February 11, 1999, between
said Managing Underwriter and the City. The bonds will be
dated February 1, 1999 and will bear interest at the rate(s)
per annum specified by the underwriters therefor in
accordance herewith, payable on June 1, 1999, December
1, 1999 and semiannually thereafter on the first days of June
and December in each year until maturity.
The Bonds will be delivered and shall be paid for on or
about February 25, 1999 in New York, New York.
An Official Statement may be obtained by the offices of the
financial advisor to the City, Government Finance
Associates, Inc. of New York, in New York, at (212)635-
5900, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716)8515255.
RECEIVED AND FILED
NO. 8
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
FUND BALANCE
MISCELLANEOUS CHARGES
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 $700,000 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Miscellaneous
Charges - Judgement & Claims - Prior Year, 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 account 100-890-060 Fund
Balance Unreserved (Designated), not otherwise
appropriated for any other purpose. The details of the
requirements are set forth below:
To:
100 General Fund
812 - Miscellaneous Charges
809 - Judgement & Claims - Prior Years $700,000
Dated: Buffalo, NY, March 3, 1999
RECEIVED AND FILED
NO. 9
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
SALE OF IN-REM PROPERTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $3.200 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments for the Department of
Community Development - Division of Neighborhoods, to
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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
$3,200 in the General City Revenue account 100-712-402-
71020 - Sale of In-Rem Property not otherwise appropriated
for any other purpose. The details of the requirements are
set forth below:
To:
100 General Fund
71 - Department of Community Development
2 - Division of Neighborhoods
002 - In Rem
583 - Unclassified
$3,200
Dated:Buffalo, NY, March 4, 1999
RECEIVED AND FILED
NO. 10
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF THE TREASURY
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 $14,433 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Division of the
Treasury - Exempt Items to meet a contingency which could
not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met
from 100-890-050 - Reserve for Capital Appropriations not
otherwise appropriated for any other purpose. The detail of
the requirements is set forth below:
To:
100 General Fund
06 - Department of Administration and Finance
5 - Division of the Treasury
085 - Exempt Items
982 - Operating Equipment - Surveillance camera $14,433
Dated: Buffalo, NY, March 4, 1999
RECEIVED AND FILED
NO. 11
CERTIFICATE OF NECESSITY
CAPITAL BUDGET AMENDMENT
AUTHORIZATION FOR ADDITIONAL CAPITAL
INDEBTEDNESS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 359 of
the Charter, that it is necessary to authorize an increase in
indebtedness for Capital Projects Program, provided by the
Common Council prior to July 1, 1998 for the ensuing fiscal
year, by adding the following item:
200 Capital Projects
402 Division of Buildings
Replace Gym floor at Carmichael Center $65,000
Dated: Buffalo, NY, March 1, 1999
RECEIVED AND FILED
NO. 12
CERTIFICATE OF NECESSITY
CAPITAL BUDGET AMENDMENT
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AUTHORIZATION FOR ADDITIONAL CAPITAL
INDEBTEDNESS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 359 of
the Charter, that it is necessary to authorize an increase in
indebtedness for Capital Projects Program, provided by the
Common Council prior to July 1, 1998 for the ensuing fiscal
year, by adding the following item:
200 Capital Projects
717 Division of Development
Reconstruction of Allendale Theater $800,000
Dated: Buffalo, NY, March 3, 1999
RECEIVED AND FILED
NO. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
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 $32,000 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
00 - Planning for Capital Projects $32,000
To:
204 Capital Project Fund
401 - Division of Engineering
501 - Reconstruction of Marine Drive $32,000
(from Erie Street to Main Street)
Dated:Buffalo, NY, March 3, 1999
RECEIVED AND FILED
NO. 14
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 $100,000 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 $100,000
To:
100 General Fund
402 - Division of Buildings
031 - Operation & Maintenance of Public Buildings
560 - Building Repairs & Alterations $100,000
Dated:Buffalo, NY, February 18, 1999
RECEIVED AND FILE
NO. 15
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
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GRANTS IN AID - HUMAN SERVICES
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 $20,000 be
transferred and reappropriated within Grants In Aid - Human
Services, as set forth below:
From:
100 - General Fund
811 - within Grants In Aid - Human Services
289 - Father Vincent Belle Community Center $20,000
To:
100 - General Fund
811 - within Grants In Aid - Human Services
289 - Erie Regional Housing Development Corporation
$20,000
Dated:Buffalo, NY February 17, 1999
RECEIVED AND FILED
NO. 16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
PUBLIC WORKS - BOND FUNDS
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 $49,642.33 be
transferred and reappropriated within the Department of
Public Works Capital Projects Fund, as set forth below:
The amount to be transferred represents an unexpended
balance of items contained in the budget for the current
fiscal year and will not be needed at this time for the purpose
for which they were appropriated.
From:
203 Capital Projects Fund
402 - Division of Buildings
015 - Shea's Buffalo Fire Alarm $49,642.33
To:
292 Capital Projects Fund
402 - Division of Buildings
001 - Shea's Stage Expansion Project $49,642.33
Dated:Buffalo, NY February 24, 1999
RECEIVED AND FILED
NO. 17
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FISCAL YEAR ENDED JUNE 30, 1998
This is to advise that copies of the Comprehensive Annual
Financial Report of the Comptroller of the City of Buffalo for
the fiscal year ending June 30, 1998 have been delivered to
each Councilmember, the Common Council Chief of Staff,
the City Clerk, the Mayor and the Budget Office. Included
therein is the Audit Report of Ernst & Young LLP.
This report is available as a public record for inspection by
all interested parties.
Pursuant to Section 35 of the General Municipal Law, the
Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and
file such response with the City Clerk as a public record for
inspection by all interested parties not later than June 1,
1999.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 18
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RESPONSE TO ITEM NO. 157, C.C.P. 2/23/99
RIGHT-OF-WAY AGREEMENTS
ITEM NO. 157, C.C.P. 2/23/99
Pursuant to Item No. 157, C.C.P. 2/23/99, Your Honorable
Body has requested copies of agreements for all entities
having permission to utilize right-of-ways within the City of
Buffalo to deliver services. This office is submitting a list of
the easements and licenses this office has on file in
reference to the use of City right-of-ways.
To make copies of all of the easements and licenses is
very cumbersome. However, anyone is welcomed to come
and review said easement and licenses in Room 2501 City
Hall or if given enough time this office could supply a copy
for your review.
The following is a list of companies and the specific right-
of-way the agreement refers to:
Name of Company Specific Right-of-Way
Adelphia Cable (Franchise Agreement) Cable above
ground and beneath street, etc.
Buffalo Enterprise Renaissance Corp. Easement for
North Wall of Shea's Performing Arts Center
Canisius College Easement for 3 E. Delavan
Cantalician Center for the Learning, Inc. Easement - Hertel
Avenue (Note the Law Dept. has not forwarded a drawn up
easement agreement. Therefore, we are attaching a copy of
the Resolution No. 218, C.C.P. 6/23/98.)
Frontier Communications International
(Formerly RCI Corporation) Fiber optic cable beneath streets
Gerace & Geiger Portion of Bird Street
Howell, Richard; Howell, Janet & Stewart Michael Right of
Way & Easement 830 E. Ferry
MCI Telecommunications Underground Conduits
National Fuel (Easement) Between Buffalo River and
Mineral Springs & Jordan PI.
National Fuel (Easement) Squaw Island
New York Telephone Easement for northeast corner of
Cottage and Maryland
Niagara Mohawk (Utility Easement) 769-785 Best (Rite Aide)
Niagara Mohwak (Utility Easement) 769-785 Best (Rite Aide)
Niagara Mohawk (Utility Easement) 793 South Ogden
Niagara Mohawk (Easement) 2057 Genesee
Niagara Mohawk (Utility Easement) Niagara Street near
Scajaquada
Niagara Mohawk & New York Telephone Jefferson (between
Best and Dodge) Easement Re: Lafayette Ice Rink
Niagara Mohawk & New York Telephone Easement Re:
Lincoln Field House
Niagara Mohawk Underground Utility Easement - 445
Michigan
Niagara Mohawk Easement for 439 Military (near Race)
Niagara Mohawk Easement for Squaw Island
Kensington Avenue Associates Easement storm
drainage sewer for Quarry Square Apartments
(Shirley Ave., Cordova Ave. and Range Street)
Lake Erie Recycling Corp
Rechin David ROW adjacent to 106 Brinton.
Ripen With Us Child Care, Inc. ROW of 402 Kenmore
Avenue (3.75'Strip)
Robins, Wayne (Newsstand) Broadway & Fillmore ROW
St. Mary's New York Cement Company 389 Ganson
Scott, Donald W. ROW 4.73' on to Joslyn Place and 3.71'
on to Austin Street - adjacent to 348 Austin
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Shylo, William Foot of Ontario Street (Snack Bar)
Asamblea De Iglesias Cristianas Unidas, Inc.(License
Agreement) Sweet Street and Sycamore Street ROW
Building at 1021 Sycamore Encroaches onto City ROW
Uniland Construction Corp. 188 Main Street.
This list was compiled with records from offices within the
Dept. of Audit and Control (Division of Real Estate and the
Division of Audit).
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION
FROM THE COMMISSIONER OF ASSESSMENT
NO. 19
REPORT - ASSESSMENT REVIEW FORMS
Entry of the assessment review complaint forms filed in
December 1998 on the tentative 1999 assessment roll is just
about complete. Attached is a preliminary list by property
class code showing 7,070 applications filed. This is a nine
(9) percent increase over last years 6,498 complaints. The
current year figure is the second highest number of
complaints ever filed. The highest figure was in December
1996 when the department recorded 8,293 applications filed.
The Board of Assessment Review is still deliberating and
final decisions are being processed so a figure on the total
amount of assessed value lost from reductions is not yet
available. That information will be forwarded to you as soon
as the figures are finalized.
Due in part to the high volume of assessment challenges,
but primarily as a result of the School TAX Relief (STAR)
program which became available this year to both Senior
and non-Senior residential property owners, the volume of
data entry necessary to complete the final assessment roll
has skyrocketed. As a result, the publication of the final roll
may be delayed a few days although currently we anticipate
making the deadline date of March 1ST
Should you have any questions on these or any other
matters please let me know.
REFERRED TOTH E COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 20
NOTIFICATION SERIAL # 9124 TRUCK ROUTES -
INSTALL WILLIAM L. GAITER PARKWAY BETWEEN
EAST DELAVAN AVENUE AND KENSINGTON AVENUE
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Encrineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty-five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 2 of Section 40 of Chapter
479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: TRUCK ROUTES
STREET PORTION OF STREET
William L. Gaiter Parkway between East Delavan Avenue
and Kensington Avenue
NOTIFICATION SERIAL # 9125
NO STANDING - REPEAL
ON FRANKLIN STREET, EAST SIDE BETWEEN A POINT
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120' SOUTH OF CHURCH STREET AND SWAN STREET
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD - DAILY
Franklin Street, east side At all times.
between a point 120' south of Church Street and Swan
Street.
This action is being taken for the following reasons: 1) to
update Traffic Engineering records to reflect on.-street
parking conditions; 2) to provide clearly defined on-street
areas where Police Vehicles may park when using / visiting
Police Headquarters, this includes Commissioners, Deputy
Commissioners, Central Booking, Planning & Finance,
Narcotics & Vice and Detective Vehicles. (See next 3 serials)
NOTIFICATION SERIAL # 9126 INSTALL NO STANDING
EXCEPT OFFICIAL POLICE VEHICLES ON FRANKLIN
STREET, EAST SIDE BETWEEN WEST SWAN STREET
AND CHURCH STREET
(EXCLUDING NO STANDING HERE TO COMER AREA)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF PROHIBITED PERIOD
HIGHWAY
Franklin Street, east side At all times
between West Swan Street Except
and Church Street Official Police Vehicles
(excluding No Standing Here to Corner area)
This action is being taken for the following reasons: 1) to
update Traffic Engineering records to reflect on.-street
parking conditions; 2) to provide clearly defined on-street
areas where Police Vehicles may park when using / visiting
Police Headquarters, this includes Commissioners, Deputy
Commissioners, Central Booking, Planning & Finance,
Narcotics & Vice and Detective Vehicles. (See previous and
next 2 serials)
NOTIFICATION SERIAL # 9127 REPEAL NO PARKING
ON FRANKLIN STREET, WEST SIDE BETWEEN WEST
SWAN STREET AND CHURCH STREET
NO PARKING -REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
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notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Franklin Street, west side At all times
between West Swan Street
and Church Street
This action is being taken for the following reasons: 1) to
update Traffic Engineering records to reflect on-street
parking conditions; 2) to provide clearly defined on-street
areas where Police Vehicles may park when using / visiting
Police Headquarters, this includes Commissioners, Deputy
Commissioners, Central Booking, Planning & Finance,
Narcotics & Vice and Detective Vehicles. (See next and
previous 2 serials)
NOTIFICATION SERIAL # 9128
INSTALL NO STANDING
EXCEPT OFFICIAL POLICE VEHICLES ON FRANKLIN
STREET, WEST SIDE BETWEEN CHURCH STREET AND
WEST SWAN STREET
(EXCLUDING NO STANDING HERE TO COMER AREA)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED
PORTION OF HIGHWAY PROHIBITED PERIOD
Franklin Street, west side At all times
between Church Street Except
and West Swan Street Official. Police Vehicles (excluding
No Standing Here to Comer area)
This action is being taken for the following reasons: 1) to
update Traffic Engineering records to reflect on-street
parking conditions; 2) to provide clearly defined on-street
areas where Police Vehicles may park when using / visiting
Police Headquarters, this includes Commissioners, Deputy
Commissioners, Central Booking, Planning & Finance,
Narcotics & Vice and Detective Vehicles. (See previous 3
serials)
#9124 RECEIVED AND FILED,
BALANCE REFERRED TO THE COMMITTEE ON
LEGISLATION
NO. 21
ACQUISITION AGREEMENT
693 MAIN STREET FOR
B DISTRICT POLICE PRECINCT
Attached please find the proposed Contract of Sale for 693
Page 12
99-0309.txt
Main Street from LuVullo Associates. In summary, the
contract provides the following:
- The City will purchase the property for $1.00.
- The City will demolish the building (as part of the new
police precinct construction) and convert the area into
additional parking.
- The City shall grant an exclusive easement (in exchange
for $50,000 from the seller - funds to be placed into the
construction account for the precinct) to the seller to park on
this area from 7:30 AM through 5:30 PM, Monday thru
Saturday.
Our Consulting Architects, Foit-Albert Associates, have
visited this location and recommend that the building be
condemned and demolished.
As part of the precinct construction project, the existing
Main Street facade of LuVullo Associates, 689 Main Street,
will be extended northward to form a visual screen across
693 Main Street in keeping with the recommendations of the
City Preservation Board.
It is respectfully requested that Your Honorable Body
authorize the acquisition of 693 Main Street pursuant to the
attached agreement and authorize the Mayor to enter into
the Contract for Sale.
Mrs. LoTempio moved:
That the above communication from the Commissioner 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 enter into a contract of sale with Lovullo
Associates, Inc., for the acquisition of 693 Main Street and
that the Mayor be authorized to execute the Contract of
Sale.
LOST
AYES-BROWN, COPPOLA, FONTANA, LOTEMPIO,
MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI- 8
NOES- FRANCZYK, GRAY, HELFER, PITTS-4
Mr. Helfer made a motion to reconsider and to refer said
item to Committee on Finance. Seconded by Mr. Franczyk
ADOPT
NO. 22
APPROVAL TO SUBMIT A SUPPLEMENTAL FOR
PAYMENT OF A SUM EQUAL TO THE DIFFERENCE
BETWEEN WAGES AND COMPENSATION BENEFITS
Pursuant to the City Ordinance, Chapter 35, Article VI,
Section 22, each employee is entitled to a difference in pay
allowance under the provisions of the Worker's
Compensation Law for a period not to exceed 6 months.
The following Division of Water employees have been on
Worker's Compensation and are entitled to the difference in
pay:
Edward Flaherty1/6/99 - Present
Izydor Karbowski12/3/98 - 1/4/99
Daniel Maunz12/22/98 - 2/18/99
Philip Mazzone1/4/99 - Present
Patrick McManus12/25/98 - 2/1/99
Anthony Zambito12/23/98 - 2/8/99
Mrs. Lotempio moved
That the above communication from the Commissioner of
Public Works dated February 25, 1999 be received and filed;
and
That the Comptroller be, and he hereby is authorized to
Page 13
99-0309.txt
pay Division of Water employees Edward Flaherty, 1/6/99 to
present; to Izydor Karbowski, 12/3/98 to 1/4/99- to Daniel
Maunz, 12/22/98 to 2/18/99; to Philip Mazzone, 1/4/99 to
present; to Patrick McManus, 12/25/98 to 2/l/99 and to
Anthony Zambito, 12/23/98 to 2/8/99 for difference in pay
allowance under the provisions of the Workers'
Compensation Law for a period not to exceed six months.
PASSED
AYES-12, NOES-0
NO. 23
REPORT OF BIDS
BUFFALO MUSEUM OF SCIENCE
TEMPORARY EXHIBIT GALLERY
ELECTRICAL WORK
I advertised for on February 9, 1999 and received the
following sealed formal proposals for the Buffalo Museum of
Science, Temporary Exhibit Gallery, Electrical Work, which
were publicly opened and read on February 23, 1999.
Base Bid + Alt. #1
Goodwin Electri $ 75,345.00 $ 3,876.00
Frey Electric $ 97,400.00 $ 6,720.00
Tunney Electric $ 97,707.00 $ 2,889.00
CIR Electric $ 98,540.00 $ 3,800.00
Weydman Electric $103,750.00 $ 4,834.00
O'Connell Electric $111,000.00 $ 5,000.00
Alternate #1 is to replace interiors and covers on five (5)
existing electric panels.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Goodwin Electric, with
a Base Bid of $75,345.00, add Alternate #1 for $3,876.00,
for a total amount of Seventy Nine Thousand Two Hundred
Twenty One and 00/1 00 ($79,221.00), is the lowest
responsible bidder in accordance with the plans and
specifications.
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 203-402-024.
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works dated February 24, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for the Buffalo Museum of
Science, Temporary Exhibit Gallery, Electrical Work, to
Goodwin Electric, the lowest responsible bidder, with a base
bid of $75,345.00, add Alternate #1 for $3,876.00, for a total
amount of $79,221.00. Funds for the project are available in
CPF 203-402-024.
PASSED
AYES-12, NOES-0
NO. 24
REPORT OF BIDS
SQUAW ISLAND - PHASE 2
DEVELOPMENT INCINERATOR
BUILDING DEMOLITION
CONTRACT NO. 2A
On February 3, 1999, I advertised and received the
following sealed proposals which were publicly opened and
read on February 24, 1999:
Page 14
99-0309.txt
TAB SHEET OF BIDS
Squaw Island - Phase 2 Development - Incinerator Building
Demolition Contract No. 2A
Company Amount of Bid
Demco $468,000
Braasch Construction 545,950
L.D. C. Construction Co., Inc. 872,050
Modern Corporations 970,440
Mainline Contracting Corp. 982,225
Cleveland Wrecking Co. 983,667
Lebis Enterprise, Inc- 987,250
Ontario Specialty,' Contracting Inc. 1,045,750
Ciminelli Services. .,4 Corp. 1,047,000
Bianchi Trison Corp. 1,099,400
M.C. S. Remedial Services, Inc. 1,238,000
Philip Services 1,595,000
Sevenson 1,656,200
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following is the
lowest responsible bidder in accordance with the plans and
specifications.
The recommended lowest responsible bidder for the
contract and their price is:
Demco $468,000.00
238 Lein Road
West Seneca, New York 14224
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to award a contract to Demco
in the amount of $514,800 ($468,000 + 10% unit price
increase of $46,800) on the basis of their low bid. Funds for
this work are in Fund No. 202--401-CO5-00-CM - Division of
Engineering.
Total Estimate for this work was $1,200,000.00.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 24, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Squaw Island, Phase 2
Development, Incinerator Building Demolition, Contract No.
2A, to Demco, the lowest responsible bidder, in the amount
of $468,000.00. Funds for the project are available in Fund
No. 202-401-005-00-000 Division of Engineering.
Passed.
AYES-12, NOES-0
NO, 25
CHANGE IN CONTRACT
APOLLO THEATER RECONSTRUCTION
PLUMBING WORK
I hereby submit to Your Honorable Body the following
changes for the Apollo Theater Reconstruction, Plumbing
Work, Elmwood Plumbing, Inc., C #91980400.
1. Repair of unmarked _" water service line and tap not
included on the survey and additional excavation necessary
to reposition the City's 2" service tap.
Add $ 3,929.78
2. Purchase of a 2" water meter in lieu of specification
requirement that it be provided by City. Add $345.00
3. Install an 8 x 4 tapping sleeve in lieu of 4 x 4 tapping
sleeve when the City main was found to be an 8" line instead
of the 4" line on the survey. Add $634.00
Page 15
99-0309.txt
The foregoing change results in a net increase in the
contract of Four Thousand Nine Hundred Eight and 78/100
Dollars ($4,908.78).
Summary: Original Amount of Contract $ 184,500.00
Amount of This Change Order (No. 1) $4,908.78
Revised Amount of Contract $ 189,408.78
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Robert Traynham Coles, Architect, PC) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in 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 above communication from the Commissioner of
Public Works dated February 19, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 1, to Elmwood
Plumbing, Inc., an increase in the amount of $4,908.78, as
more fully described in the above communication, for work
relating to Apollo Theater Reconstruction, Plumbing Work, C
#91980400. Funds for this project are available in CPF 203-
402-505 Division of Buildings.
Passed
AYES-12, NOES-0
NO. 26
CHANGE IN CONTRACT
KLEINHANS MUSIC HALL RECONSTRUCTION PHASE 7
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Kleinhans Music Hall Reconstruction, Phase
7, General Construction, All State Development, Inc.,
C #919731 00.
1. Add masonry wing walls at exterior south side of hall.
Add $ 21,875.00
2. Install masonry at musicians entrance. Add $ 3,125.00
3. Additional steel provided as requested by the design
engineer. Add $727.00
4. Extend elevator pit depth from 2'-O" to T-0". Add
$1,400.00
5. Provide custom paver panel in lieu of standard panel as
directed by architect. Add $3,600.00
6. Remove existing concrete walkway and replace with new
colored concrete. Add $926.38
7. Remove unsuitable base material and replace with select
fill at the west entrance sidewalk to the Mary Seaton Room.
Add $2,158.40
8. Remove existing planter and install exposed aggregate
concrete at the west entrance sidewalk to the Mary Seaton
Room. Add $689.58
9. Remove and dispose of 490'of concrete curb along he
west side and the east side sidewalk. Add $1,778.70
10. Restoration at bathrooms including the work, wood trim,
towel rack and mirrors. Add $1,040.00
11. Provide additional tapered insulation, wood blocking, and
flashing work to achieve positive drainage on roof. Add
$6,655.00
Page 16
99-0309.txt
12. Removal of 15' of asbestos pipe wrap. Add $423.50 13.
Install items for lift as required by City elevator inspector.
Add $2,658.29
The foregoing change results in a net increase in the
contract of Forty Seven Thousand Fifty Six and 85/1 00
Dollars ($47,056.85).
Summary: Original Amount of Contract $417,000.00
Amount of This Change Order (No. 1) $ 47,056.85
Revised Amount of Contract $464,056.85
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Hamilton, Houston, Lownie Architects, PC) and
the Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF 202-402-
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 above communication from the Commissioner of
Public Works dated February 19, 1999, be received and filed
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 1, to All State
Development, Inc., an increase in the amount of $47,056.85,
as more fully described in the above communication, for
work relating to Kleinhans Music Hall Reconstruction, Phase
7, General Construction, C #91973100. Funds for this
project are available in CPF 202-402-505 - Division of
Buildings.
Passed
AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER,
LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS,
ZUCHLEWSKI-11
NOES- COPPOLA-1
NO. 27
NIAGARA MOHAWK REFUNDS
This department retained the services of Troy and Banks
Inc., to review all electric accounts of the City of Buffalo for
the past six years. As a result of this review, the City has
received the following refunds:
Building: Account#: Refund
Father Bell Community Center 1410-373-104-0 $ 65,074.28
Pratt & Lambert 1410-373-011-0 752.70
Broderick Park 1410-364-090-0 661.25
Fire Headquarters 1410-272-492-0 62,001.35
Tosh Pool/Rink 1410-309-499-0 102,485.06
North AmeriCare Park 1410-343-104-1 4,439.79
Trinidad Park 1410-328-332-1 7,918.66
Broderick Park 1410-364-094-0 191.24
Schiller Pool 1410-231-399-2 1,019.96
Parks Administration Building 1410-251-099-1 1,678.71
Centennial Pool 1410-273-001-1 598.01
Shea's Theatre 1410-325-401-0 1,424.49
Division of Water (963 Glenwood) 1410-231-440-1 1,058.81
Total: $249,304.31
The following accounts are still being reviewed and
refunds are due but we disagree with Niagara Mohawk on
the amount of the refund:
Offered By Requested By
Page 17
99-0309.txt
Building: Acct. Ni-Mohawk: City
Roosevelt Skating Rink 1410-231-374-0 $18,357.00
$ 24,093.04 Division of Water
(Filtration Plant) 1410-310-083-0 302,553.00 59,383.49
According to our contract with Troy and Banks, they are
entitled to thirty (30) percent of the refunds paid to date.
Troy and Banks would not receive any portion from the
refunds of the two outstanding accounts.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPA IZATION
NO. 28
PERMISSION TO PURCHASE PRINTER
Mr. Charles A. Masi of this department has requested that
he be permitted to purchase, for the sum of $50.00, a Texas
Instrument MicroLaser Plus printer, serial number
4039720582, from this department. The printer in question
is several years old and only in fair operating order. It is
estimated that the value of this printer is no greater than the
$50.00 offered by Mr. Masi.
This printer bears City of Buffalo asset number 1343, with
City of Buffalo purchase sticker number 034635 affixed to it.
I have no objection to the sale of this printer to Mr. Masi for
the sum of $50.00.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 18, 1999, be received and
filed; and
That the Commissioner of General Services be, and he
hereby is authorized to sell a Texas Instrument MicroLaser
Plus printer, serial number 4039720582 to Charles A. Masi
for $50.00.
Passed
AYES-12, NOES-0
NO. 29
PERMISSION TO RETAIN SERVICES
CONSULTING ENGINEER AND CONTRACTOR
RAW WATER BI-PASS BUILDING ROOF
The Division of Water is requesting your Honorable Body's
authorization to retain the services of a Consulting Engineer
and Contractor to replace the roof on the Bi-Pass Building.
The existing structure is heavily damaged and is in danger of
collapsing.
Consultant services for this project are estimated to be
$5,000 and construction costs are estimated to be $45,000.
Funds for this project are available in the Division of Water's
Capital Project Account 416-985-003.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 23, 1998 be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to retain the services of a Consulting Engineer
and Contractor to replace the roof on the Bi-Pass Building.
Funds for this project are available in the Division of Water's
Capital Project Account 416-985-003.
PASSED.
AYES-12, NOES-0
NO. 30
SLUDGE REMOVAL AND DISPOSAL
DISTRIBUTION SYSTEM SLUDGE LAGOON
Page 18
99-0309.txt
The Division of Water is requesting your Honorable Body's
authorization to retain the services of a consulting engineer
and contractor to remove and dispose of alum sludge from
the Distribution System Sludge Lagoon. Alum sludge is a bi-
product of the drinking water cleaning process. The lagoon
is currently full of sludge and needs to be cleaned during the
construction season.
Consultant services for this project are estimated to be
$15,000 and construction costs are estimated at $235,000.
Funds for this project are available in the Division of Water's
Capital Project Account.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 23, 1998 be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to retain the services of a consulting engineer
and contractor to remove and dispose of alum sludge from
the Distribution System Sludge Lagoon. Funds for this
project are available in the Division of Water's Capital Project
Account.
Passed.
AYES-12, NOES-0
FROM THE COMMISSIONER OF POLICE
NO. 31
CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00108987 98-FBI-001427 $ 349.54
8155-00108985 98-FBI-001420 769.54
TOTAL DEPOSIT $1,119.08
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration. (DEA).
The checks were received by this Department and duly
deposited in the Trust & Agency Account, #610-200-217-00-
000.
RECEIVED AND FILED
NO. 32
MONTHLY REPORT - JAN 99
At the request of Commissioner Diina, I am forwarding the
Police Department's Monthly Report for January 1999 for
distribution to the Council.
If there are any questions, or we can be of any further
assistance, please contact me at 851-4963.
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
NO. 33
REINSTATEMENT OF TYPIST, CLERK, AND JUNIOR
TRAFFIC CLERK LISTS ITEM NO. 70, C.C.P., 2/23/99
You have referred to this office a communication from Ms.
Linda Williams concerning her request for reinstatement of
expired civil service eligible lists. Our information indicates
that- the eligible lists in question have all expired and were
not extended by the Civil Service Commission prior to their
expiration.
New York State Civil Service Law provides that the
duration of an eligible list shall be fixed by the Commission
at not less than one nor more than four years. The courts
have held that where an eligible list is fixed at less than the
Page 19
99-0309.txt
four year statutory limit, the Civil Service Commission may
vote to extend the list's expiration date up to the four year
limitation. Such extensions are voted upon before the list
expires.
Once an eligible list expires, there is no statutory provision
to allow the Commission to reinstate an expired list. This
office is not aware of any instance where an expired list has
been readopted by the Commission. The Elementary
School Clerk list referred to by Ms. Williams was extended
by the Commission before it expired. It was not reinstated
after its expiration.
Any further questions concerning this matter should be
directed to the Civil Service Commission.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 34
REVIEW OF MEMBERS TO THE BUFFALO
ENVIRONMENTAL MANAGEMENT COMMISSION C.C.P.,
2/23/99, NO. 1
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
March 2, 1999) that the following nominees of members to
the Buffalo Environmental Management Commission have
no outstanding debts to the City:
Cynthia A. Schwartz
Margery A. Miller
Wayne Lewis Creelman, M.D., F.A.P.A.
Bruce Coleman
RECEIVED AND FILED
NO. 35
REVIEW OF NOMINEES FOR ZONING
BOARD OF APPEALS
C.C.P., 2/23/99, NO. 2
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
March 2, 1999) that the following nominees for Board of
Zoning Appeals have no outstanding debts to the City:
Anthony N. Diina
William J. Collins, Jr.
Warren F. Glover
RECEIVED AND FILED
NO. 36
REVIEW OF MEMBER TO THE PEST MANAGEMENT
BOARD
C.C.P., 2/23/99, NO. 3
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
March 2, 1999) that the following member to the Pest
Management Board has no outstanding debts to the City:
James A. Smith
RECEIVED AND FILED
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 37
AMEND PURCHASE PRICE
413 EAST DELAVAN -
WOMEN FOR HUMAN RIGHTS & DIGNITY, INC.
ITEM #125, C.C.P. 7/7/98
In the above referenced item Your Honorable Body
Page 20
99-0309.txt
approved the sale of 413 East Delavan for Thirty Thousand
Five Hundred Dollars ($30,500) to Women for Human Rights
and Dignity, Inc. (WHRD), which plans to construct ten (10)
units of housing as part of a support program for single
women and their children.
The Department of Community Development, Division of
In-Rem Properties, has received a communication from
Attorney F. William Grey, representing WHRD, advising that
Federal funds for the project have been processed and
approved. However, funds and requirements for the project
are tight. WHRD had an appraisal of the property
commissioned, which shows the value of 413 East Delavan
to be Twenty-Five Thousand Dollars ($25,000), and is Five
Thousand Dollars less than their offer for the property. They
are now requesting that the City of Buffalo amend the
purchase offer, reducing the purchase price for 413 East
Delavan to Twenty-Five Thousand Dollars ($25,000) .
We have reviewed the new appraisal prepared by Howard
Schultz, MAI. The Twenty-Five Thousand Dollar ($25,000)
value of the property is within the range of values of
comparable sales in the area.
Therefore, I am recommending that Your Body approve
the request of WHRD to amend the purchase price from
Thirty Thousand Five Hundred Dollars ($30,500) to Twenty-
Five Thousand Dollars ($25,000). The contract will remain
unchanged, in all other terms and conditions.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated February 18, 1999, be
received and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to amend the purchase price from
Thirty Thousand and Five Hundred Dollars ($30,500) to
TwentyFive Thousand Dollars ($25,000) to Women for
Human Rights and Dignity, Inc. for the purchase of 413 East
Delavan as previously approved in Item No. 125, C.C.P.,
7/7/98.
PASSED.
AYES-12, NOES-0
NO. 38
BUFFALO URBAN RENEWAL AGENCY
FINANCIAL STATEMENTS AND SUPPLEMENTARY
INFORMATION FOR YEAR ENDED JUNE 30, 1998
We are in receipt of a copy of the Buffalo Urban Renewal
Agency Financial Statements and Supplementary
Information for the year ended June 30, 1998.
We have reviewed the statements within the department
with the Commissioner of Community Development (BURA
Vice Chairman) and in addition with the outside auditors, the
Comptroller and Chief Accountant and the Commissioner of
Finance and Administration (BURA Treasurer).
It is an unqualified opinion, and we have no additional
comments.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 39
BUFFALO URBAN RENEWAL AGENCY
CONSOLIDATED COMMUNITY DEVELOPMENT
BLOCK GRANT FY MAY 1, 1999 - APRIL 30, 2000
The attached schedule represents the Consolidated
Community Development Block Grant submission from the
Page 21
99-0309.txt
Mayor of the City of Buffalo to the Common Council for the
Housing and Urban Development (HUD) program year May
1, 1999 - April 30, 2000 (CDBG year 25)
Community Development Block Grant $21,171,000
HOME 5,581,000
Emergency Shelter Grant 751,000
HOPWA 352,000
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 40
CITYSIDE PARK FENCE RENOVATION
CHANGE ORDER NO.1
I hereby request permission to issue a change order for
the above project in the amount of $9,975.60 to cover work
not included in the original bid.
This contract was initially let to repair fences in a number
of parks that were damaged due to accidents & vandalism.
During the summer and fall of 1998 additional work of
replacement, repair and new fencing was necessary at the
following locations:
Masten Park Repair pool fence $1,120.00
Houghton Park - Repair post and reinstall existing fence &
netting along softball Diamond $1,700.00
Franczyk Park - Installation of temporary fence, signage &
flasher lights to fence off areas under environmental testing
$7,155.60
Total $9,975.60
Because of the emergency nature of the work, all work
was approved by our department and has been completed.
The prices for the work are fair and reasonable.
At this time we are requesting approval to increase the
contract No.91952300 with Armor Fence in the amount of
$9,975.60 bringing the new total contract amount to
$16,501.60.
I recommend that your Honorable Body authorize the city
to increase the contract in the amount shown above. Funds
for'this work are available in Bond Fund Account 203-717-
003.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 41
MONTHLY REPORT OF LICENSES ISSUED IN
JANUARY 1999
I am respectfully submitting the enclosed report of licenses
issued in the month of January 1999 by the Division of
Inspections, Licenses and Permits.
RECEIVED AND FILED
NO. 42
PERMISSION TO ACCEPT FUND TRANSFER
JUBLIEE CENTER
I respectfully request that Your Honorable Body accept a
fund transfer from the Community Development Block Grant
for asbestos abatement at the Jubilee Center as follows:
$30,093.82 From CDBG 96-07201
$30,093.82 To C.P.A. 203-402-035
REFERRED TO THE COMMITTEE ON FINANCE
NO. 43
PERMISSION TO RECEIVE BIDS
FOR HILLERY SHELTER HOUSE RENOVATION
The Hillery Park Shelter House is in poor condition and in
Page 22
99-0309.txt
desperate need of a renovation. The Hillery Park Shelter
House Renovation project will provide a clean and usable
facility.
I, therefore, respectfully request permission to receive bids
for the construction renovation of the Hillery Park Shelter
House. Funds for this construction project are available in
Community Development Capital Project Account 203-717-
003.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated February 24, 1999 be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to receive bids for the
construction renovation of the Hillery Park Shelter House.
Funds for this project are available in Community
Development Capital Project Account 203-717-003.
PASSED.
AYES-12, NOES-0
NO. 44
PERMISSION TO RECEIVE BIDS FOR CHARLES
PERKINS PARK
The Playground equipment currently at the George T.
Perkins Playground is old and does not meet current safety
standards.
I, therefore, respectfully request permission to receive bids
for the construction of the new playground equipment at the
Charles Perkins Park. Funds for this construction project are
available in Community Development Capital Project
Account 200-717-021.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 24, 1999 be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to receive bids for the
construction of the new playground equipment at the Charles
Perkins Park. Funds for this construction project are
available in Community Development Capital Project
Account 200-717-021.
Passed.
AYES-12, NOES-0
NO. 45
PERMISSION TO RECEIVE BIDS
FOR CAZENOVIA PARK IMPROVEMENTS (PHASE 4)
The existing softball field and adjacent parking area are in
poor condition. The improvements in Phase 4 for the
Cazenovia Park will provide a new softball field and a
renovated parking area.
I, therefore, respectfully request permission to receive bids
for the Phase 4 Improvements to Cazenovia Park. Funds for
this construction project are available in Community
Development Capital Project Account 203-717-003.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 25, 1999 be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to receive bids for the Phase 4
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Improvements to Cazenovia Park. Funds for this
construction project are available in Community
Development Capital Project Account 203-717-003.
Passed.
AYES-12, NOES-0
NO. 46
RESTAURANT-DANCING CLASS III
120 CHURCH
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for Restaurant Dancing Class III License located
at 120 Church and find that as to form it is correct. I have
caused an investigation into the premises for which said
application for Restaurant Dancing Class III is being sought
and according to the attached reports from the Fire
Department and the Building Inspector, I find it complies with
all regulations and other applicable laws. I have caused an
investigation by the Police Department into the moral
character of Robert W. Bahr, Jr. The report from the Police
Department recommending approval is attached hereto for
Robert W. Bahr, Jr., d/b/a Adam's Mack Le Club at 120
Church. This request is submitted for your consideration
and whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 47
RESULTS OF NEGOTIATIONS
1273 FILLMORE, N. COR. OF FOUGERON
VACANT LOT: 37' X 110'
ASSESSED VALUATION: $3,100
The Department of Community Development, Division of
In-Rem Properties, has received a request from Alfred G.
Roehrig, 9764 Wehrle Drive, Cheektowaga, New York
14031, to purchase the above captioned vacant lot. Mr.
Roehrig owns and operates a roofing and sheet metal
business at 1277 Fillmore Avenue. He intends to use 1273
Fillmore Avenue for future business expansion, which is
adjacent to his business.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Howard P. Schultz & Associates, 288 Linwood Avenue,
Buffalo, New York. He has estimated the value of the
property to be Eight Hundred Dollars ($800). The Division of
In-Rem Properties has investigated the sales of similar
properties in the area. Sales prices range from Forty Cents
(.40) to Fifty Seven Cents (.57) a square foot.
The results of our negotiations are that Mr. Roehrig has
agreed and are prepared to pay One Thousand Three
Hundred Dollars ($1,300), Forty-Four Cents (.44) a square
foot, for this parcel. They have also agreed to pay for the
cost of the appraisal, transfer tax, recording fee's and cost of
the legal description.
I am recommending that Your Honorable Body approve
the sale of 1273 Fillmore to Mr. Roehrig in the amount of
One Thousand Three Hundred Dollars ($1,300). 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.
Page 24
99-0309.txt
REFERRED TO THE COMMMTEE ON FINANCE
NO. 48
RESULT OF NEGOTIATIONS
876 JEFFERSON, 165.251 N CARLTON
LOT SIZE: 30' X 150,
ASSESSED VALUATION: $3,400
878 JEFFERSON, 195.25, N CARLTON
LOT SIZE: 31' X 150'
ASSESSED VALUATION: $2,330
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase the
above properties from Rev. Bud Hill on behalf of Old
Landmark New Covenant Church, 896 Jefferson Avenue,
Buffalo, New York 14204. Rev. Hill intends to use 876 and
878 Jefferson Avenue for parking and green space for the
church.
The Department of Community Development and the
Division of Collections have no objections to the sale. There
are no outstanding code violations, taxes or other liens owed
to the City by the purchaser.
An independent appraisal of the property was conducted
by Mr. Paul H. Wolf, Jr. of Wolf Appraisal Service, Inc., 152
Warren Avenue, Kenmore, New York 14217. He has
estimated the value of the property to be Three Thousand
Dollars ($3,000). The Division of In-Rem Properties has
investigated the sales of similar properties in the area. Sales
range from Forty Cents (.40) a square foot to Eighty Cents
(.80) a square foot.
The results of our negotiations are that Rev. Hill has
agreed and is prepared to pay Four Thousand Dollars
($4,000) for the subject parcels, Forty-Three Cents (.43) a
square foot. He has also agreed to pay for the cost of the
appraisal, transfer tax, recording fee's and cost of the legal
descriptions.
I am recommending that Your Honorable Body approve
the sale of 876 and 878 Jefferson Avenue to Rev. Bud Hill
in the amount of Four Thousand Dollars ($4,000). I am
further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 49
RESULTS OF NEGOTIATIONS
27 LILAC, 262' N OF GOOD STREET
VACANT LOT: 32' X 135'
ASSESSED VALUATION: $4,700
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase 27
Lilac Street (32' x 135') from Glenn J. & Margaret M.
Weiglein of 25 Lilac Street, Buffalo, New York and Jack &
Deborah Sexton of 31 Lilac Street, Buffalo, New York 14220.
They would like to purchase the respective portion that
adjoins their properties. Mr. & Mrs. Weiglein would like to
purchase the westerly portion 16' X 135' and Mr. & Mrs.
Sexton would like to purchase the easterly portion 16' X
135', of 27 Lilac Street. They intend to use the property for
extra yard space.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
Page 25
99-0309.txt
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchasers.
The Division of In-Rem Properties has investigated the
sales of similar properties in the area. Sales prices range
from Forty Cents (.40) to One Dollar and Thirty Cents
($1.30) a square foot.
The results of our negotiations are that Mr. & Mrs.
Weiglein have agreed to pay One Thousand Four Hundred
Dollars ($1,400) for the westerly half of 27 Lilac Street and
Mr. & Mrs. Sexton have agreed to pay One Thousand Four
Hundred Dollars ($1,400) for the easterly half. The price per
square foot is Sixty-Five Cents (.65). Both parties have also
agreed to pay for the cost of the transfer tax, recording fee's
and cost of the legal descriptions.
I am recommending that Your Honorable Body approve
the sale of the respective portions of 27 Lilac Street to Mr. &
Mrs. Weiglein and Mr. & Mrs. Sexton in the amount of One
Thousand Four Hundred Dollars ($1,400) for each portion. I
am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 50
SOLICITATION OF FUNDS PERMIT
Attached is an application for Solicitation of Funds for the
Ninety One Charity Golf Classic to solicit funds in the Buffalo
area from April 15, 1999 to May 15,1999. This is an annual
event. In accordance with Chapter 316, Article VI of the City
of Buffalo Ordinances, I hereby refer this matter to your
Honorable Body.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated March 1, 1999, be received
and filed; and
That pursuant to Chapter 316, Article VI of the City Code,
the Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant Ninety One Charity Golf
Classic an exemption to solicit funds in the City of Buffalo
from April 15, 1999 to May 15, 1999.
Passed.
AYES-12, NOES-0
NO. 51
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
142 SHERMAN (CITY OWNED-VACANT LOT,
DIMENSIONS 30' X 105')
The Department of Community Development has surveyed
the city-owned vacant lot at 142 Sherman, the parcel is 30' x
105' in dimension; and it has been determined that this
parcel cannot be sold, is inappropriate for either the
construction of new housing or needed for public purposes.
Ms. Deardra Austin residing at 138 Shennan Street
indicated that she will clean, improve and maintain the lot in
the event that she obtains title to the property under the
Urban Homestead program.
The Division of Inspections and Division of Collections
have been contacted. There are no property code violations,
taxes or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend that the city-owned vacant lot
Page 26
99-0309.txt
be designated as a Homestead Property and be transferred
to Ms. Deardra Austin on the condition that the property is
cleared and improved within (6) months and maintained in a
sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMMISSIONER OF STREET SANITATION
NO. 52
BID STATUS OF EQUIPMENT FOR SEMI-AUTOMATED
REFUSE COLLECTION.
As per the letter dated February 19'h, the following will
provide an update of the status of the bidding process for the
semi-automated collection program.
1. The bid was issued, and accepted for the tippers. The
bid was awarded to the manufacturer of the ARE tipper. The
tippers are in, and are waiting to be mounted on our garbage
trucks.
2. The bid for the totes was issued, but there was a
concern over the form that the bid took. Therefor, a new bid
specification was required. Final changes to the new spec
have been reviewed by the Law Department, and will then
be sent to General Services for issuance. Depending on the
amount of time it takes to prepare the bids, we anticipate
award, purchase and delivery of the containers by the
beginning of the next fiscal year.
3. Implementation of the program is now being planned for
the next fiscal year. This will mean that Phase I and Phase
2 will both be done before the end of the next fiscal year. It
is anticipated that a total of nearly 60,000 containers will be
in place by the end of Phase 2.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 53
REQUEST FOR TRADE-IN OF USED EQUIPMENT FOR
NEW EQUIPMENT
Attached please find a copy of a letter from Fleet
Coordinator, Tom Laudico, regarding equipment that is no
longer in service, or that is used on a limited basis. This
equipment is beyond repair, or is of no value to the
Department.
We are requesting that this equipment be traded at the
prices listed in exchange for a 1999 John Deere 644 high-lift.
This piece of equipment can be acquired through contract
#6965 from the Public Works purchase this year.
This equipment request is based on replacement of the
existing 1985 CAT high-lift that is used for loading salt. This
high-lift is nearing the end of its useful life. If approval is
given for this trade in, the City will benefit in many ways:
1. No capital would be required for the purchase of the
new high-lift. This would be a straight trade for other
equipment that is out of service, or is used on a very limited
basis.
2. Purchasing under the existing contract will ensure that
we can avoid anticipated price increases in the future.
If you should have any questions regarding this request,
please contact either myself, or Tom Laudico at 851-5935.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE
Page 27
99-0309.txt
NO. 54
DEPARTMENT OF STREET SANITATION STRATEGIC
PLAN
Attached please find a copy of the Department of Street
Sanitation Strategic Plan, as per the request made at the
February 17, 1999 Budget Committee meeting. The plan
covers all functions within the Department, and addresses
the questions raised at the time of the meeting.
If you should have any further questions, or if you need
additional information, please contact me. Thank you for
your attention to this matter.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 55
CERTIFICATE OF APPOINTMENT
Appointment Effective March 1, 1999 in the Department of
Street Sanitation, to the Position of Supervisor of Street
Sanitation I Temporary, Appointment, at the Maximum,
Starting Salary of $30,633.
Matthew J. Rainero, 78 Rebecca Park, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 56
LONGEVITY ENTITLEMENT DATE
FOR LINDA HARDY
ITEM NO. 16 CCP 022399
Per the collective bargaining agreement between the City
of Buffalo and Local 650, AFSCME, AFL-CIO, Ms. Hardy is
not entitled to longevity for the period March 15, 1994 to
December 31, 1996 for the following reasons:
ARTICLE IV, Longevity, B (2) states: 'Service rendered by
employees on a temporary or provisional basis, or in the
exempt, noncompetitive, or unclassified service which
immediately precedes permanent service, is eligible service."
Ms. Hardy had a break in service from 12/31/95- 1/19/96,
and thus her prior noncompetitive service did not
immediately precede a permanent appointment, and is not
eligible service.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 57
CERTIFICATE OF APPOINTMENT
Appointment Effective 3/8/99 in the Department of
Administration & Finance, Divislon of Treasury, to the
Position of Associate Account Clerk, Provisional,
Appointment, at the 3rd step, Starting Salary of: $27,472.00
Darlene A. Lapinski, 51 Wood Avenue, Buffalo NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 58
CERTIFICATE OF APPOINMENT
Appointment Effective 3/8/99 in the Department of
Administration & Finance Division of Treasury to the Position
of Teller, Permanent, Promotion, at the 2nd Step
Starting Salary of $ 24,837.00
Wendy Nobile, 62 Clayton, Buffalo NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Page 28
99-0309.txt
NO. 59
CERTIFICATE OF APPOINTMENT
Appointment Effective 3/8/99 In the Department of
Administration & Finance, Division of Treasury, to the
Position of Teller Temporary, Appointment, at the 3rd Step
Jeanette Ruperti, 31 Mariemont, Buffalo NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 60
CERTIFICATE OF APPOINTMENT
Certificate of Appointment 2/22/99 in the Department of
Administration & Finance Division of Treasury to the Position
of Teller Permanent, Promotion, at the 4th Step Starting
Salary of. $ 26,364.00
Michelle Scibetta, 777 Prospect Avenue, Buffalo NY 14213
Carmen Degener, 76 Tioga, Buffalo NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 61
CERTIFICATE OR APPOINTMENT
Appointment Effective 2/25/99 in the Department of
Administration & Finance, Division of Treasury to the
Position of Teller, Permanent, Promotion, at the 5th Step
Starting Salary of $ 27,136.00
Joyce Quackenbush, 137 Norwalk, Buffalo NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 62
WOOD CHIP EXCHANGE (PILOT PROGRAM)
The Forestry Department, in cooperation with the Streets
Department is attempting to reduce tipping fees by
exchanging wood chips for trees. Forestry was approached
by the Field Manager of Schichtel's Nursery (Springville) to
purchase wood chips for use in their growing operations.
Forestry and Streets must haul and pay for disposal of
these chips. Both Departments offer the "mulch" to
community groups free of charge. The volume of chips
generated is causing a storage problem.
On Saturday, February 20th the Streets Department
hauled five 125 yard loads of chips to the nursery.
The chips for trees exchange is one cubic yard of chips for
one dollar. The 625 yards of chips will bring $625.00 worth
of trees to the City.
The trees will be planted this Spring. The number, type,
and value will be determined this Spring.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 63
TREE TRANSPLANTING - INNER HARBOR
I am requesting permission of your Honorable Body to
enter into informal bid contracts with the vendors listed
below to relocate mature trees from the site of the Inner
Harbor Project.
The Spring groundbreaking will begin on the Inner Harbor
Project. The trees on site were to be destroyed as a part of
this project if they are not relocated. We are, therefore,
going to transplant as many trees as we can to nearby park
locations (i.e. La Salle Park, Johnson Park and possibly
J.F.K. Park). This will allow us to benefit from these trees
and not destroy them.
Page 29
99-0309.txt
The size of a majority of the trees makes successful
transplanting only possible with the largest tree spades.
There are only two vendors in the region that can provide
this service because of the specialized equipment necessary
for the work:
Trees Fir Shade
Mr. Richard Maul
3735 Baker Road
Orchard Park, New York
Instant Tree
Mr. John Regdos
150 Hickory Hill
Elma, New York
I am proposing that we contract both companies to
perform this work for the following reasons:
1. Time is a critical factor. The process is time and labor
intensive.
2. The number of trees (possibly 200) to be moved is too
much for one service.
3. Successful transplanting should be done in the
Springtime prior to the trees leafing out.
4. Both companies have completed projects for the City
with good results. (Johnson Park & Graphic Controls).
The contract would be for unit price e.g. (O + 4"), (4.5" to
8"), (8.5" to 12"), (12.5"+) with specifications written by the
Forestry Department. The pricing will be mutually agreed to
by all parties but will not exceed the informal bid limit of
$20,000 for either contractor.
I recommend that your Honorable Body authorize the City
to order the work on the basis of the negotiated unit prices.
Funds for this work are available in Bond Fund 200-601-030.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Human Services, Recreation and Forestry dated March 1,
1999, be received and filed; and
That the Commissioner of Human Services, Recreation
and Forestry be, and he hereby is authorized to enter into
informal bid contracts for Tree Transplanting - Inner Harbor,
to the lowest responsible bidder, in an amount not to exceed
$20,000 for either contractor as listed in the above
communication. Funds for the project are available in Bond
Fund 200-601-030.
PASSED.
AYES-12, NOES-0
FROM THE COMMISSIONER OF GENERAL SERVICES
NO. 64
UPDATE OF STREET SANITATION TIPPER/TOTES
In response to the correspondence dated February 19,
1999 regarding Budget Meeting Request, please be advised
to the update of Street Sanitation Tipper/Totes:
The Tipper/Tote program was stalled due to a protest filed
by a vendor. It was determined that the specifications
should be modified to encourage more participants. The
Office of General Services held meetings with the
Department of Streets and the Department of Law to
determine next steps. We concluded that the Law
Department will advise us to the legal strategy and
modification to the current specifications. A review of the
specifications has been conducted by the Law Department
Page 30
99-0309.txt
and this Department is awaiting the approval of the
modification in order to commence the bidding process.
Upon review and approval of the Streets Department, the
Office of General Services will proceed with the bidding
process. Timetables will be determined by overcoming the
aforementioned issues regarding the specifications and
possible re-bidding of the tipper/totes.
At present, we are developing strategies with the
Department of Law and are awaiting direction from both
Streets and Law Departments. An implementation plan is
the responsibility of the Streets Department once an award
has been made to a vendor.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CIVIL SERVICE COMMISSION
NO. 65
REQ. INFO ON UPCOMING FIREFIGHTER EXAM
ITEM#150, CCP, 2/23/991
This office is in receipt of your communication relative to
information on the upcoming Firefighter examination.
The Buffalo Fire Department has requested that the
minimum qualifications for this examination be revised to
include EMT training.
As you may know, this examination in under a Federal Court
order by Judge Curtin. Any and all changes and the
requirements must be approved by Judge Curtin before
being adopted by the Civil Service Commission. The Civil
Service Commission is awaiting Judge Curtin's decision
regarding changes in the qualifications to include EMT
training.
You also raised the question of the cost for recruitment for
this examination and who should be paying for it. Please be
advised that, as with all examinations, this fee has been
included in the budget for the Civil Service Commission.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 66
L. WILLIAMS - REQ. REINSTATEMENT OF LISTS
ITEM 70, CCP, 2/23/991
In response to Ms. Williams' communication of February
10, 1999, please be advised as follows:
Ms. Williams was appointed from the eligible list to a
temporary position of Typist in the Board of Education
effective October, 1997. Although Ms. Williams accepted a
temporary appointment, she was not reachable for a
permanent appointment. Her original placement on the
eligible list was *53 from a total of 74 candidates on the list.
It should be noted that even had Ms. Williams been
reachable for permanent appointment, there is no guarantee
she would be selected, as the "one of three" rule would
apply.
In regard to the postings Ms. Williams mentions it is our
understanding that all vacant positions within the Board of
Education are posted regardless of the existence of an
eligible list in accordance with their collective bargaining
agreement. We suggest the Board of Education be
contacted for clarification regarding this issue.
The position in the Division of Substance Abuse that Ms.
Williams refers to was not filled from the eligible list, in fact,
said position still has not been filled.
Prior to the expiration of the Typist list, we consulted with the
Page 31
99-0309.txt
Board of Education and the Buffalo Sewer Authority, both of
which had permanent Typist vacancies to fill - neither
department had any objection to the eligible list being
allowed to expire because said list was rapidly being
exhausted. At that point, 21 permanent appointments had
been made, 21 candidates had been removed from the list,
and 10 others were deferred by request. It should be noted
that there are five other candidates in addition to Ms.
Williams who accepted temporary appointments from the
eligible list who were not reachable for permanent
appointment. It is the intent of the Commission to offer
another examination for the position of Typist this year.
In accordance with Civil Service Law, the duration of an
eligible list is fixed at not less than one nor more than four
years at the discretion of the municipal Commission having
jurisdiction. The Commission kept the list in existence for
two years and now sees a need to hold a new examination.
In addition, it is illegal to extend an eligible list after it has
expired. As the Typist list expired December 16, 1998, we
cannot reinstate it.
It should also be noted that the eligible lists for Junior Traffic
Clerk and Clerk remain in existence, as there are hundreds
of names remaining on each.
In regard to the promotional list for Elementary School Clerk,
it was not allowed to expire and then reinstated as indicated
by Ms. Williams. The Commission received a request from
the Board of Education to allow the list to expire, but denied
said request and directed the list be extended. This office
received no communication from any candidates on the
above-mentioned lists, except from Ms. Williams.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 67
GENESEE STREET TOO MARKET UPDATE
RE:# 144 CCP 2/23/99
At the present time, we have the following update
regarding the closing of the Genesee Street Tops Market.
Currently, discussion between Buffalo Economic
Renaissance Corporation mid Tops officials is continuing.
Additional discussion is ongoing With Lovejoy District
Councilmernber Richard Fontana who requested that BERC
meet with officials from other supermarkets, including the
Save-alot company, BERC has followed up on
Councilmember Fontana's requests.
While Tops Market originally sought to permanently close
the Genesee Street Tops, negotiations are now underway
for a. proposed 15,000 square foot "expanded Wilson
Farms" style store. These negotiations are still in an early
and formative state. the idea for this type of store is similar
to the concept being preliminarily discussed for a
supermarket at the Fillmore and Ferry site.
At BERC, our goal is to bring about a speedy and community
friendly conclusion to the issue of the Genesee Street Tops.
Should Tops not pursue the creation of a new store, we are
prepared to work to attract another market to that location.
REFEROEDTO THE COMMITTEE ON LEGISLATION
NO. 68
NOTICE OF COMPLETION
Page 32
99-0309.txt
FINAL ENVIRONMENTAL IMPACT STATEMENT
BUFFALO INNER HARBOR DEVELOPMENT PROJECT
Copies of the Notice of Completion, Final Environmental
Impact Statement for the Buffalo Inner Harbor Development
Project, as well as the Final Environmental Impact
Statement, have been filed with the City Clerk for your
review.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 69
289 EXCHANGE ST. UTILTY EASEMENT
(SOUTH ELLICOTT URA - PHASE II)
COM. 65, C.C.P. FEB. 9,1999
A request for a utility easement has been made by Niagara
Mohawk, New York Telephone (Bell Atlantic) and Adelphia
Cable Communications in order to extend service to a 1.9
acre parcel owned by the Buffalo Urban Renewal Agency at
289 Exchange St. the proposed agreement calls for BURA to
be paid $ 1. 00 for the perpetual right to extend facilities
within the easement area. BURA would agree to never erect
any structure upon the easement area without permission,
since the companies would have the right to replace, repair,
maintain, etc. their facilities, as they deem necessary. The
companies would be required to repair any damage that may
occur as a result of their work.
Clearly, the $1.00 payment does not constitute fair market
value for the property in question. The easement area is a
valuable public asset, and the companies need access to it
in order to deliver services to the parcel. In addition,
granting the easement puts restrictions on the use of the
property, which may limit potential future development of that
location.
I do not believe that the companies would object to paying
BURA fair market value for the easement, and suggest that
such negotiations be commenced. This Office is available to
assist such an effort in any way.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 70
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.
12578-,2582 Main The Stuffed Mushroom Mr. Aubrey &
Elizabeth
Caffez
RECEIVED AND FILED
NO. 71
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
Comptroller- Darlene Lapinski
Public Works- Rose Marie Rivera, Jeanette Ruperti,
Page 33
99-0309.txt
Police- Pamela Zavistowski ,
Community Development- Donald Lemmo
General Services- Wendy Nobile
RECEIVED AND FILED.
NO. 72
REPORTS
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
City Planning Board
RECEIVED AND FILED.
NO. 73
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to
the position of Council Intern.
ADOPTED.
Appointment Effective: March 1, 1998 in the Department of
Common Council to the Position of Intern I, Seasonal Non-
Competitive at the Flat Starting Salary of $7.00/hr
Irma Lorenzo, 37 Shields, Buffalo, NY 14213
Appointment Effective: February 25, 1999 In the
Department of Common Council to the Position of Intern I,
Seasonal, Non-Competitive, at the Flat Starting
Salary of $7.01 per hr.
Tarcia R. Walker, 243 Cambridge, Buffalo, 14215
NO. 74
APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
I transmit herewith appointments made in the Mayor's
Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective February 2, 1999 in the
Department of Mayor's Office, Division of Mayor's Summer
Youth & Intern Program to the Position of Intern IV,
Seasonal, Non-Competitive, at the Flat Starting Salary of.
$6.00/hr
Gary A. Moore 86 Dodge St., Buffalo, N.Y. 14209
NO. 75
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 HUMAN RESOURCES PARKS AND
RECREATION
Appointment Effective: March 1, 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
Kendell Burwell, 268 Rodney, Buffalo 14214
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Robert Lipscomb, 46 Ada, Buffalo 14208
Jerico McInnis, 408 East Utica, Buffalo 14208
Appointment Effective: February 23, 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
David Robinson, 17 Hamlin, Buffalo 14208
Milita Escalera, 290 Massachusetts, Buffalo 14213
Appointment Effective: February 22, 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
Jo Ann Nicpon, 45 Titus, Buffalo 14212
Appointment Effective February 23, 1999, in the
Department of Human Services, Division of Parks to the
Position of Lifeguard, Seasonal Non Competitive, at the Flat
Starting Salary of $5.20/hr
Jamie Ziolowski, 287 Choate, Buffalo 14220
Appointment Effective: February 22, 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
Richard Gulczynski, 71 Duerstein, Buffalo 14210
Dracey Gates, 676 Riley, Buffalo 14211
Appointment Effective: March 1, 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
Irma Cole, 201 East Amherst, Buffalo 14214
Appointment Effective: February 22, 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
Richard McDermott, 15 Milford, Buffalo 14220
DEPARTMENT OF PUBLIC WORKS
Appointment Effective February 22, 1999 in the
Department of Public Works, Division of Buildings, to the
Position of Laborer I, Seasonal Non-Competitive, at the
Flat Starting Salary of $ 6.22/hr
Joan D. Mutka, 146 Lewis Street, Buffalo 14206
Ann M. Parot, 10 South Street, Buffalo 14204
Appointment Effective February 22, 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 $
7.33/hr
James F. Guercio, 471 Seventh Street, Buffalo 14201
DEPARTMENT OF STREET SANITATION
Appointment effective 2/25/99, in the Department of Street
Sanitation, to the Position of Seasonal Laborer II, Non-
Competitive, at the Flat Starting Salary of $6.92/hour
Matthew B. Rainero, 78 Rebecca Park, Buffalo, NY 14207
Russell A. Ferguson, 793 Crescent, Buffalo, NY 14216
Appointment Effective February 16, 1999, in the
Department of Street Sanitation, Seasonal Laborer II,
Seasonal Non-Competitive at the Flat Starting Salary of
$6.92/hour
Michael J. Stachoski, 116 Carmel Road, Buffalo, NY 14214
Appointment Effective: February 8, 1999, in the Department
of Street Sanitation to the Position of Seasonal Laborer II,
Non-Competitive at the flat Starting Salary of $6.92/ hr.
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Mayda L. Molina, 106 West Avenue, Buffalo, NY 13201
Frederick T. Mosca, 588 Dorrance Ave., Buffalo, NY 14218
Joseph A. Tucker, 127 Detroit St, Buffalo, New York 14206
Ronald H. Ventola, 169 Virgil Avenue, Buffalo, N.Y. 14216
Darryl Balance, 306 Landon, Buffalo, N.Y. 14211
Nicholas L. Cordova, 36 Auchinvole St., Buffalo, NY 14213
Kevin L. Hall, 196 Eaton St, Buffalo, NY 14203
Nathan Hall, 592 Clinton St., Buffalo, NY 14211
Myron D. Harden, 91 Stanton St, Buffalo,-NY 14206
Brian McElroy, 670 McKinley Pkwy, Buffalo N.Y. 14220
NO. 76
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 ADMINISTRATION AND FINANCE
Appointment Effective: March 8, 1999 in the Department of
Administration and Finance Division of Parking Enforcement
to the Position of Junior Traffic Clerk Permanent,
Appointment, at the Minimum Starting Salary of: $21,917
Vincent A. Celestino, 239 Ludington Street, Buffalo 14206
DEPARTMENT OF AUDIT AND CONTROL
Appointment Effective: February 18, 1999 in the
Department of Audit and Control Division of Accounting to
the Position of Senior Accountant, Temporary, Appointment
at the minimum, Starting Salary of 32,971
Claudia Zona.-Panczyk, 58Cochrane Street Bflo NY 14206
DEPARTMENT OF ASSESSMENT
Appointment Effective March 2,1999, in the Department of
Assessment, to the Position of Account Clerk Typist,
Provisional, Appointment at the Minimum, $22,884
Jacqueline E. Rushton, 357 Roslyn St, Buffalo, NY 14215
DEPARTMENT OF LAW
Appointment Effective: 2/25/99, in the Department Of Law
to the Position Of Asst. Corporation Counsel I (municipal
Attorney) Permanent, Non-Competitive, at the minimum,
Starting Salary of $ 39,856.00
Jennifer Persico, 726 Auburn Avenue, Buffalo, NY 14222
DEPARTMENT OF POLICE
Appointment Effective 02/25/99 at the Department of
Police to the Position of Crossing Guard, Temporary, Non-
Competitive, at the Minimum, Starting Salary of $6.09
Sharyl L. Caparaso, 132 York St., Buffalo, NY 14213
Appointment Effective February 22, 1999, in the
Department of Police, to the Position of: Report Technician,
Contingent Permanent, Appointment, at the Minimum,
Starting Salary of $ 23,705,
Cynthia D. Brooks, 157 Waverly Street, Bflo, N Y 14208
Appointment Effective February 22, 1999, in the
Department of: Police, to the Position of: Report Technician,
Contingent Permanent, Appointment, at the Minimum,
Starting Salary of $ 23,705
Deborah E. Longo, 325 North Park Ave. Apt. #1, Buffalo,
New York 14216
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Kathleen J. Hoffman, 58 Belmont Street, Buffalo, New York
14207
Pamela A. Zawistowski, 10 Kentucky Street, Buffalo, New
York 14204
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 77
J. ASH-NIMO
NIAGARA MOHAWK'S ANALYSIS OF THE WING
GROUP'S DECEMBER 16, 1998 PRESENTATION TO THE
SPECIAL ENERGY COMMITTEE
Enclosed is Niagara Mohawk's analysis of the Group's
presentation to the Special Energy Committee
I'd like to list several major conclusions contained in the
enclosed document
Niagara Mohawk's legal analysis and understanding of
both federal and state law and regulation have led us to
conclude that an exit fee would definitely have to be paid by
the City of Buffalo. Accordingly, we believe The Wing Group
has incorrectly concluded that Buffalo would not be obligated
to pay an exit fee if the city were to take over Niagara
Mohawk's facilities in Buffalo and form a government electric
system.
Application of Rule 52 of Niagara Mohawk's tariff,
approved by the New York Public Service Commission
(PSC), would result in an exit fee assessment of
approximately $899 million.
The magnitude of this exit fee makes a government
takeover of Niagara Mohawk's facilities in Buffalo
uneconomic.
Niagara Mohawk's restructuring plan that has been
approved by the PSC will provide for rate reductions for all
classes of customers in Buffalo; a government-owned and
operated electric system for the city would cause rates to
rise above present levels.
The Wing Group inexplicably failed to include in its
calculations a class of Niagara Mohawk property located in
Buffalo valued at between $90 million and $95 million.
Even if one suspended disbelief and ignored all the
problems associated with The Wing Group's "guaranteed"
810 per kwh price, Mr. Lawrie has exaggerated the potential
benefit by overstating Niagara Mohawk's current rates in
Buffalo and by underestimating the Niagara Mohawk price
reductions that are achievable in Buffalo.
The Wing Group, in a 1996 letter from Tim Lawrie to the
City of Norwich, NY, representatives concluded that
stranded costs were the "major obstacle" to the city's
formation of a government electric system. The Wing Group
said "the municipalization of the Norwich electric distribution
system does not appear to be economically feasible at this
time." Mr. Lawrie's letter is attached to Niagara Mohawk's
response.
Niagara Mohawk has not addressed all points made by
The Wing Group with which we take exception; rather, we
have limited our comments to the most important factors we
believe warrant the Committee members' consideration.
Please note that the absence of Niagara Mohawk responses
to particular statements made by The Wing Group does not
Page 37
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imply our agreement or disagreement with them.
We appreciate the opportunity to present these findings to
the Special Committee at its February 24th meeting.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION
NO. 78
REQ. RESOLUTIONS TO SELL SURPLUS VOTING
MACHINES
Because of the reduction of polling locations, the city of
Buffalo has a surplus of voting machines totaling
approximately fifty (50). Other municipalities have expressed
an interest in purchasing some of them. Based upon their
age and condition, we feel that a fair asking price for an
individual machine would be $ 645.00.
Since all voting machines used in the city are city of
Buffalo property, we are requesting that the Council pass a
resolution enabling the Board of Elections to sell the surplus
ones. All proceeds from such transactions would be turned
over to the city of Buffalo Commissioner of Finance.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 79
INFO-GROW BFLO. FUND
In response to Community Development Committee
questions and requests raised at their meeting of February
17, 1999:
1. Information on the Grow Buffalo Fund is attached.
2. An overview of the FEC Program is attached.
3. The BERC's 1998-99 Marketing Plan is attached. The
BERC is participating in initial discussions with the Buffalo
Niagara Partnership relative to a regional strategic marketing
plan.
4. We have no current plans for the re-use of excess
space on Dart Street. However, the ECIDA is preparing a
study for the industrial redevelopment of the Tonawanda
Street corridor which we will participate in.
5. 0ur understanding is that the details on the BURA
financial relationship are to be supplied by BURA and/or
FCA.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 80
BFLO. CHARTER REVISION COMM MINUTES 2/18 &
2/25/99
Filed in the City Clerks Office are the Charter Revision
Commission documents of February 18 and 25 1999.
REFERRED TO THE COUNCIL PRESIDENT
NO. 81
BFLO NEIGHBORHOOD NETWORK, INC. CITY OF
BFLO.,- PUBLIC ACCESS AGREEMENT
Filed in the City Clerks Office for review is the agreement
between The City of Buffalo and Buffalo Neighborhood
Network, Inc.(Public Access Agreement)
That the Service Agreement for Public Access Services
between the CITY OF Buffalo and Buffalo Neighborhood
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Network, Inc. be and it hereby is approved.
PASSED
AYES-12, NOES-0
NO. 82
D. BONDS & 0 BAILEY DELEVAN COMM SERVICES
PROTEST DISMISSALS
We are writing this letter in regards to the hostile treatment
that we the board members of the Bailey-Delavan
community services Inc. were subjected to by the Deputy
Commissioner of Human Resources and the Councilmember
of the Lovejoy District.
For the record, We have been members of the Board of
Directors before it moved into the new center. We have
taken time away from our families and given our money
because we believe in what We were doing and more
importantly it was to help better our neighborhood.
At no time did we take this responsibility lightly, it was an
honor to be a volunteer.
Prior to moving into the Polk Building, the Bailey- Delavan
Community Services Inc. was operating a number of
programs in the community. When asked to move into the
new center, we were also asked to bring our programs with
us, which we did. our lease with the city was to manage the
facility, the lease was silent about OUR programs. We
brought our money to this facility we were never given a
budget to operate the building. There was no history of what
the gas, electric, or phone cost would be. Deputy Comm.
Allen nor Councilmember Fontara never sat down with the
Board of Directors to work out a budget. They told everyone
what they wanted, they wanted the building open sixteen
(16) hours but came up with no money. they talked about the
state grant being suspended, but what they don't tell you is
that it was suspended because after we moved into the Polk
Building the state found out that there was no certificate of
occupancy. It was a contributing factor not having a
certificate of occupancy. They wanted nonresident board
members removed, they wanted non-residents off the
payroll.
A meeting was called to ask all of the non-resident board
members to resign and a day later, we the remaining board
members received a letter from Deputy Comm, Allen, saying
we were let go because we were not residents, what
garbage. They installed a new board, who fired all the CITY
RESIDENTS and hired all NOW RESIDENTS to operate our
programs. The city resident employees who were let go also
happened to be the only black employees at the center.
They were replaced by white non-residents. just the opposite
of what Messrs Allen and Fontana talked about the reasons
we were let go.
Not only are we volunteers, we are taxpayers, voters,
block club members, and community activists who wanted to
make this city the best it can be, but as long as we have
people who are on the city payroll like Allen and Fontana,
this city will never go forward, we are demanding a
Community meeting to publicly resolve these issues and to
rehire those capable and qualified, CITY RESIDENTS, who
were dismissed without cause.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSTI, AND THE COMMISSIONER
HUMAN SERVICES PARKS AND REC ATION
Page 39
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NO. 83
LANDSCAPE SERVICES INC.
SUNSET ORDINANCE
I WOULD LIKE TO TAKE THE TIME TO APPLAUD ALL
OF YOU IN YOUR EFFORTS IN GETTING THE SUNSET
ORDINANCE PASSED. AS A ORGANIC GARDNER AND
OWNER OF A ORGANIC LAWN AND GARDEN SUPPLY
COMPANY I ALSO WOULD LIKE TO SEE THIS LAW
PASSED. IT'S BEEN A LONG TIME COMING. GOOD
LUCK IN YOUR CONTINUED EFFORTS, AND IF THERE
IS ANYTHING I CAN DO TO HELP DON'T HESITATE TO
CALL.
RECEIVED AND FILED
NO. 84
B. GRAY INFO REQUEST FOR HEARING M. SWAGGARD
I am filing this correspondence with the City Clerk, so that
Mr. Swaggard may have a hearing before the Civil Service
Commission with hope of answering the legal questions
regarding the city's hiring process in relation to Civil Service
Status.
I believe Mr. Swaggard's question and the departments
answers may address some of the concerns that the Charter
Commission have in relation to operation and management,
and my concerns regarding historical racial bias within
governmental institutions.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
AND THE CIVIL SERVICE COMMISSION
NO. 85
J. MACAULAY-REQ. INFO. ON INSTALLING CABLES IN
THE CITY OF BUFFALO
I am currently in the process of starting my own
telecommunications cabling business for commercial and
residential areas. This will include new cabling for new
construction sites and for additional lines to existing
buildings. - My business will not be putting in actual
telephone or alarm systems, only the cables for these. -
My business will be located in Niagara County, City of
Lockport. In the future, I plan to install these cables in your
local area. I do not yet have a Federal Tax ID # or company
name to provide you with. I will have both of these within
three weeks time.
*I have already contacted New York State and your
County for the proper permits. All that remains are your
local requirements."
1 ) Can you please send me information on licenses
and/or permits that your local area requires me to have for
this?
2) Can you please send me a listing of any additional
requirements that you may have so that I may be sure that
all of these requirements are fulfilled?
If you need to contact me for additional information, you
may page me @ 716-4430739. I will return your call ASAP.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS, THE CORPATION COUNSEL
AND THE OFFICE OF TELECOMMUNICATIONS
NO. 86
DELETE SITE FROM HAZARDOUS WASTE REGISTRY
DEC SITE #915170
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BRISTOL STREET
204 & 208 BRISTOL STREET
BUFFALO, NY 14206
the 60 day notification period and inclusive 30 day public
comment period have ended. These requirements were
established for the proposed deletion of sites from the New
York State Registry of Inactive Hazardous Waste Disposal
Sites (the Registry). This is official notification that the site
has been deleted form the Registry effective with receipt of
this letter.
Please refer questions to Gregory P. Sutton, Project
Manager, NYSDEC-Region 9, Division of Environmental
Remediation, 270 Michigan Avenue, Buffalo, New York
14203-2999 at (716) 851-7220.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 87
RECORD OF BASE FLOOD ELEVATIONS
Community No.: 360230
Community: City of Buffalo,
Erie County, New York
Map Panels Affected: 0010, 0020
On August 21, 1998, you were notified of proposed
modified flood elevation determinations affecting the Flood
Insurance Rate Map (FIRM) and Flood Insurance Study
(FIS) report for the City of Buffalo, New York. The 90-day
appeal period that was initiated on September 4, 1998, when
the Federal Emergency Management Agency (FEMA)
published a notice of proposed Base (1% annual chance)
Flood Elevations (BFEs) for your community in The Buffalo
News, has elapsed.
FEMA received no requests for changes in the BFEs.
Therefore, the determination of the Agency as to the BFEs
for your community is considered final. The final BFEs will
be published in the Federal Register as soon as possible.
The modified BFEs and revised map panels, as referenced
above, are effective as of August 23, 1999, and revise the
FIRM which was in effect prior to that date. For insurance
rating purposes, the community number and new suffix code
for the panels being revised are indicated on the maps and
must be used for all new policies and renewals.
Effective with the date of this letter, your community should
use the BFE and floodway data presented on the preliminary
FIRM and FIS for regulating floodplain development in
accordance with the guidance provided in the enclosed
Floodplain Management Bulletin entitled Use of Flood
Insurance Study (FIS) Data As Available Data.
The modifications are pursuant to Section 206 of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) and are in
accordance with the National Flood Insurance Act of 1968,
as amended, (Title XIII of the Housing and Urban
Development Act of 1968, P.L. 90-448), 42 U. S.C. 4001-
4128, and 44 CFR Part 65. Because of the modifications to
the FIRM and FIS report for your community made by this
map revision, certain additional requirements must be met
under Section 1361 of the National Flood Insurance Act of
1968, as amended, within 6 months from the date of this
letter. Prior to August 23, 1999, your community is required,
as a condition of continued eligibility in the National Flood
Insurance Program (NFIP), to adopt or show evidence of
adoption of floodplain management regulations that meet the
Page 41
99-0309.txt
standards of Section 60.3(d) of the NFIP regulations. These
standards are the minimum requirements and do not
supersede any State or local requirements of a more
stringent nature.
It must be emphasized that all of the standards specified in
Section 60.3(d) of the NFIP regulations must be enacted in a
legally enforceable document. This includes the adoption of
the effective FIRM and FIS report to which the regulations
apply and the modifications made by this map revision.
Some of the standards should already have been enacted by
your community.
Any additional requirements can be met by taking one of
the following actions:
1. Amend existing regulations to incorporate any additional
requirements of Section 60.3(d);
2. Adopt all of the standards of Section 60.3(d) into one
new, comprehensive set of regulations; or,
3. Show evidence that regulations have previously been
adopted that meet or exceed the minimum requirements of
Section 60.3(d).
Communities that fail to enact the necessary floodplain
management regulations will be suspended from
participation in the NFIP and subject to the prohibitions
contained in Section 202(a) of the Act as amended.
A Consultation Coordination Officer (CCO) has been
designated to assist your community with any difficulties you
may be encountering in enacting the floodplain management
regulations. The CCO will be the primary liaison between
your community and FEMA. Any questions may be directed
to your CCO the following address:
Mr. Thomas Kane, Acting Director
FEMA, Mitigation Division
26 Federal Plaza, Room 1351
New York, New York 10278
(212) 225-7200
FEMA makes flood insurance available in participating
communities; in addition, we encourage communities to
develop their own loss reduction and prevention programs.
Our Project Impact initiative, developed by FEMA Director
James Lee Witt, seeks to focus the energy of businesses,
citizens, and communities in the United States on the
importance of reducing their susceptibility to the impact of all
natural disaster, including floods, hurricanes, severe storms,
earthquakes, and wildfires. Natural hazard mitigation is
most effective when it is planned for and implemented at the
local level, by the entities who are most knowledgeable of
local conditions and whose economic stability and safety are
at stake. For your information, we are enclosing a Project
Impact Fact Sheet. For additional information on Project
Impact, please visit our Web site at www.fema.gov.
RECEIVED AND FILED
NO. 88
G. MOONEY
COMMENTS PETITION REGARDING AMPLIFICATION
This letter is to protest the 'response' given by Joseph E.
Ryan, Commissioner of Community Development and by
Michael B. Risman, Corporation Counsel, City of Buffalo
regarding my petition (Item NO. 44, C.C.P., 1/26/99). I find
each referral to be politically divisive, evasive and not
responsive to the specific issues addressed in my original
petition.
1.Commissioner Ryan refers to '...numerous
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complaints received by this office and the Common Council
in regards to loud and disturbing music by street performers
without amplification. Granting a license with amplification
will generate even more complaints.
The wording in this phrase is blatantly prejudicial, and not
specific to this petitioner/ artist/ citizen (myself). His
conclusion is without grounds of specificity, and does not
account for appropriate use of an amplifier as is already
outlined in law, and in my petition.
2.Commissioner Ryan further states: when Mr. Gary
Mooney has requested any information or copies of this or
any other City Ordinance, he has been accommodated.
Sec 319-5: 'All licensees shall be furnished a copy of this
chapter, together with a list of areas and places where
performances are restricted.'
Section 319-5 places the impetus upon the office of licenses
to be sure each licensee has this information without a
specific request from the applicant. This has never been my
experience. In fact, with each visit I have provided my own
copy of Chapter 319 for the Licensing Clerk to copy for her
reference. I had obtained my copies from the City Clerk's
office and the Buffalo Public Library for the cost of copying.
I have never received a list of areas and places where
performances are restricted.' I have requested this list from
Mr. Sole. I must conclude that no such list in fact exists. Mr.
Sole did provide a printout of a single ordinance section,
implying the Director has authority to suspend licenses at his
discretion. This paragraph from another chapter, exclusive
and out of context, and not pertinent to the First Amendment
protected Free Speech Activities associated with Street
Performing.
3.Michael Risman, Corporation Counsel evades the
issue of my complaints Mr. Risman states; As such, absent a
compelling reason to require amplification, such a request
may be carefully scrutinized by the Supervisor of Licenses.'
This overlooks the fact that Patrick Sole, Director of
Licenses, did not scrutinize my request, carefully or
otherwise. He would not even hear my case for 'compelling
need'. No. Director Sole refused my request summarily
without hearing need or stating valid cause for refusal.
There was no discussing the matter.
4.Mr. Risman also draws a false conclusion,
implying I wish to use loud amplification near the Buffalo
Zoo. In fact, I have other -...certain city locations ...
appropriate for performances as permitted by law (having)
an ambient noise level that prevents the audience from
discerning a performance.' as stated in my petition.
Locations where my performance would be muted by
commercial traffic unless suitably amplified.
5.Mr. Risman wrongfully joins Director Sole in
contending that amplification approval is '...discretionary on
the part of the Supervisor of Licenses.'
Nowhere in law does the word 'discretionary' relate to the
Director over amplification (as it does over the indigent 'Free
License- clause Sec. 319-4). Rather, the guidelines for
amplification are clearly outlined in Sec. 319-8, and in Chap.
293, NOISE ORDINANCE, esp.
Sec. 293-4(A) '...This provision shall not be construed to
prohibit public performances being conducted in accordance
with the provisions of a special permit granted by the city.'
The Director may take these guidelines into consideration as
cause for refusal if need cannot be shown. In my case, he
did not.
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99-0309.txt
6.In Mr. Risman's opinion, 'The Council does not
serve as an appellate body for this function.'
After my review of the City Charter, I have chosen to not
challenge this opinion. Rather, I will hood Mr. Risman's
suggestion and refer this matter to civil action.
7.My conclusion: Common Council is receiving bad
counsel from City Departmental units.
Thank you for our time and attention to these concerns.
RECEIVED AND FILED
NO. 89
L. RAMUNNO INFO-OVERTIME/COURT TIME
As per your request, please find enclosed the following
information regarding overtime and courtime.
The first document compares the overtime for the mist 14
payperiods over a 3 year span. As is evident we have made
significant progress in reducing overtime since this became
an important issue for the chiefs.
May I also bring to your attention that we receive
approximately $1.3 million in grant funding at the end of the
year. This is not reflected in the amount of money currently
spent out of our budget.
The second document, a graph, indicates the progress we
have made since closing several loopholes that unabled
officers to attend court and receive pay. Since our new
policies took effect, we have reduced the courtime 16.2%.
Lastly, enclosed is a break down of court appearances
comparing night personnel to day personnel. During the
month of February, on the average 13.6% of court time was
paid to personnel that worked days.
Councilmember LoTempio we are continually reviewing both
our courtime and overtime procedures both internally and
with the district attorney's office in a effort to improve both
our productivity and efficiency.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 90
L. RENFORD-CCAPA-COMMENTS -POLICE
MISCONDUCT
Concerned Citizens Against Police Abuse written
numerous communications to the Common Council
members and many others over these past several years,
regarding issues of Buffalo Police brutality and misconduct.
To our dismay it appears that our complaints,
recommendations, and personal appearance before the
council has Men by the wayside it is with egregious sadness
that all of the issues and information presented by CCAPA,
victims, the in-custody deaths, media, and the Justice
Department over the years, there persists denials of police
abuse and misconduct, and purposed stonewalling,
preventing any resemblance of police accountability to be
achieved by anyone.
It is of great concern that there seems to be an attempt to
further impede police accountability, by the formation of a
Human Rights Commission. It is unconscionable for this
body, or any others to attempt the possibility to coalesce the
Citizens Review Board and the Human Rights commission,
as one entity, This is strongly opposed since these are two
different entities that have different properties and purpose.
While it is necessary to have a Human Rights Commission in
this City, due to the racism and discriminatory practices by
many, it is improbable that any inroads will be gained due to
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99-0309.txt
the past performances of the last structured court decision,
and the political overrule of the implementers, It would be a
safe assumption to make, however well intentioned one is to
purport indignation regarding issues of public safety and law
enforcement's brutality and misconduct, rhetorical intentions,
under the guise of political appointed commissions boards,
etc., lacidng independence and power, will not change a
thing.
The Citizens Review Board is an entity having a sole
purpose regarding policing issues of abuse and misconduct.
Due to the seriousness of these abuses by police officers,
and the consumption of time needed to thoroughly
investigate, report, and resolve these issues, a Bowd cannot
be entangled in broader issues of human tight's violations
and the processes, to prove either guilt or innocence. There
would be a serious conflict of Interest in attempting to merge
the two, While political influences are tanta. mount to these
issues, the polities are somewhat different, as are the
methods to resolve,
Policing issues are not the priority of our government nor
the police department, U we can see from past incidents.
Incidents that, if, I may remind you, are still occurring with
increase brutality, excessive force, and regularity nationwide.
Again I request that you obtain the following information from
the appropriate authorities and department heads to support
the lack of accountability and manipulation of information, if
not feigned ignorance and insubordination of requests to
submit information for scrutiny of the BPD, Judiciary, PBA,
and others who co-conspire to justify the corruption among
many law enforcement officers at all levels.
While these are only a few avenues to explore for
statistical information in terns of financial liability, it also
gives this committee an opportunity to explore the lack of
participation by the common council and Mayor to protect
the residents of this city against a significant number of our
out of control Officers of the law who violate residents lights
under the color of law. There is also the distinct question of
criminal behavior that is rewarded by the Mayor,
government, PBA, BPD, and others for many of its "public
servants" who collect several paychecks from the very
taxpayers whom they abuse kill, maim,and degrade.
I would like to come before this committee and offer
testimony, victims and their statements. There are several
video tapes that may be informative to this body as to the
pain and suffering resulting from this age-old problem of
rogue policing. Police Brutality and Police Misconduct is
another exhibition of racism and hate crimes subhuman
mentality that is prevalent throughout the policing culture,
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT
NO. 91
C.THOMAS -CITY/COUNTY CRIME COMM
REGULATION OF LASER POINTERS
Laser Pointers are becoming a growing problem in the City
Of Buffalo, New York because of misuse. I was also a target
(I believe to be one of these laser pointer) as I exited my
vehicle in front of my home. "Its not a good feeling"...
I asked Patrol Officers Thomas Wiesmore and John
Heitzhaus of E District if there is a problem among law
enforcement concerning laser pointers. Enclosed please
find documentation of their concerns and particular
problems.
Page 45
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The City County Crime Committee propose the City of
Buffalo adopt the following legislation which has been
adopted by the City of New York: The Administrative Code
Of New York City Chapter 1, Title 10, Section 10- 1 34.2
States: (see attached )
Please take notice that the underline persons in section 10-
134, 2 (e) are not included in the City of New York Code, but
are recommended by the City County Crime Committee to
be add to any legislation adopted by the City of Buffalo, New
York.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT, The CORPORATION
COUNSEL,AND THE COMMISSIONER OF POLICE
PETITIONS
NO. 92
D.JUN, OWNER, PETITION TO USE 3112 MAIN ST.
FOR RESTAURANT/1 FAMILY DWELLING/SIDEWALK
CAFE
REFERRED TO COMMITTEE ON COMMUNITY
DEVELOPMENT, CITY PLANNING BOARD, AND
COMMISSIONER OF COMMUNITY DEVELOPMENT.
FROM THE CIVIL SERVICE COMMITTEE
BEVERLY GRAY, CHAIRMAN
APPOINTMENT
NO. 93
COMPUTER PROGRAMMER
That Communication 13, February 23, 1999 be received
and filed and the Temporary appointment of Michael R.
Szukala above at the fifth step salary of $39,004.00 effective
on February 8, 1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 94
APPOINTMENT
CHIEF TELLER
That Communication 48, February 23, 1999 be received
and filed and the Permanent appointment of Charlene Bucio
above at the Maximum salary of $31,526.00 effective on
February 10, 1999 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 95
NOTICE OF APPTS.-TEMP./PROV./PERM.
(ITEM NO. 61 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
COMMITTEE ON FINANCE
DAVID FRANCZYK CHAIRMAN
NO. 96
K.HELFER-WATER BILLING-201 LISBON (ITEM NO.
67 C.C.P. DECEMBER 15, 1998)
Page 46
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That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 97
B.GRAY-DISCREPANCY WITH WATER BILL 3 83
RILEY ST.
(Item No. 68 C.C.P. December 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 98
ELIMINATE USER FEE FOR CENTRAL TERMINAL
(ITEM NO. 157, C.C.P., OCT. 20, 1998)
That this Common Council abate the $78,242.66 user fee
bill for 495 Paderewski Drive, the former New York Central
Terminal on behalf of the Central Terminal Restoration
Corporation; and
That this Common Council request that the Central Terminal
Restoration Corporation file information with the Council on
who they will privately contract with to pick up their garbage,
trash and debris (which now is minimal) in lieu of the user
fee.
ADOPTED
NO. 99
TAX EXEMPT STATUS-CENTRAL TERMINAL (ASMT)
(ITEM NO. 14 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO.100
CERTIORARI PROCEEDINGS - SEARS, ROEBUCK &
COMPANY - 1866 & 1868 FILLMORE
(Item No. 9, C.C.P., Jan. 26, 1999)
Mr. Franczyk moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 101
PREPARATION OF REMEDIAL DESIGN REPORT - I
LIBERTY AVENUE
(ITEM NO. 27, C.C.P., JAN. 26,1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Franczyk moved:
That the Commissioner of Community Development be, and
he hereby is authorized to award a contract for generation of
Remedial Design Report for I Liberty Avenue, to Sear Brown
Group, the lowest responsible bidder, in the amount of
$13,500. Funds for the project are available in Bond Fund
Account 202-717-005.
PASSED
AYES -12 NOES - 0
NO. 102
WATERMAIN BREAK-SHERMAN/PECKHARN STS.
(PW)(#19,12/29)
(ITEM NO. 62 C.C.P. JANUARY 26, 1999)
Page 47
99-0309.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 103
CHANGE IN CONTRACT - PETROLEUM BULK STORAGE
- PARKS GARAGE (ITEM NO. 24, C.C.P., FEB. 23, 1999)
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 1, to Kimmins
Construction Corp., an increase in the amount of
$20,500.00, as more fully described in the above
communication, for work relating to Petroleum Bulk Storage
Compliance Upgrade, Phase 1, Parks Garage, Fire
Department Facilities, C#91994100. Funds for this project
are available in CPF 203-402-014 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 104
PERMISSION TO IFIRE CONSULTANT - BUFFALO
INTERNIODAL TRANSIT STATION
(ITEM NO. 28, C.C.P., FEB, 23, 1999)
That the Commissioner of Public Works be, and he hereby
is authorized to do the following: enter into agreements and
hire an engineering consultant for design, construction,
administration and inspection of this project; enter into
necessary agreements and MOU's with NFTA and AMTRAK
to facilitate this project; and accept additional funds from
NIFTA for design and construction for the Buffalo Intermodal
Transit Station, PIN Numbers 5T 1 242 and 5T 1 243.
PASSED
AYES -12 NOES - 0
NO. 105
INCREASED APPROPRIATION - GENERAL CITY
REVENUES - GAS
(ITEM NO. 148, C.C.P., FEB. 23, 1999)
That the Comptroller be, and he hereby is authorized and
directed to increase the sum of $153,963.08 for
Appropriation Allotments in General City Charges (100-812-
00000-223) as set forth in the above communication.
PASSED
AYES -12 NOES - 0
NO. 106
INCREASED APPROPRIATION - FUND BALANCE -
PARKING ENFORCEMENT
(ITEM NO. 178, C.C.P., FEB. 9, 1999)
(ITEM NO. 107, C.C.P., FEB. 23, 1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Franczyk moved:
That the Comptroller be, and he hereby is authorized and
directed to transfer the sum of $1,200,000 from the
Unreserved Fund Balance 100-890-060 to meet the
increased appropriation to 100 General Fund, 06
Department of Administration & Finance 4 Division of
Parking Enforcement 085 - Exempt Items, 900 - Land &
Betterments (Acquisition of 166-170 Dart Street) as set forth
in the above communication.
PASSED
Page 48
99-0309.txt
AYES - BROWN, FONTANA, FRANCZYK, GRAY,
HELFER, LOTEMPIO, MANLEY PITTS, QUINTANA,
WILLIAMS, ZUCHLEWSKI - 11
NOES - COPPOLA - 1
NO. 107
ACQUIRE 166, 170 DART STREET
(ITEM NO. 39, C.C.P., FEB- 9, 1999)
(ITEM NO. 116, C. C. P., FEB. 23, 1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Franczyk moved:
That the Corporation Counsel be, and he hereby is
authorized to settle tile condemnation proceeding with
Buffalo Core Realty, Inc., and acquire 166, 170 Dart Street in
the amount of One Million Two Hundred Thousand Dollars
($1,200.00); and
That the Corporation Counsel be authorized to prepare the
necessary documents to consummate the acquisition of the
property and that the Mayor be authorized to execute the
same.
PASSED
AYES -BROWN, FONTANA, FRANCZYK, HELFER,
LOTEMPIO, MANLEY, QUINTANA, WILLIAMS,
ZUCHLEWSKI- 9 NOES -COPPOLA, GRAY, PITTS -3
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 108
WALTER P- HALL, JR., PETITION TO USE 1217 MAIN
STREET - RESTAURANT/BAR
(ITEM NO. 72, C.C.P., FEB. 23, 1999)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Coppola moved: that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 109
MICHAEL MIRANDA, PETITION TO USE 3114 MAIN
STREET - BAR/RESTAURANT
(ITEM NO. 73, C.C.P., FEB. 23, 1999)
That after the public hearing before the Committee on
Legislation on March 2, 1999, the petition of Michael
Miranda, owner, for permission to use 3114 Main Street for a
bar/restaurant/I family dwelling be, and hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 110
9274 GROUP, PETITION TO REZONING 148 & 152
RAMONA AVENUE
(ITEM NO. 75, C.C.R, FEB. 23, 1999)
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 I
Commercial District rather than a "R-2" Residential District
for the premises known as 148 & 152 Ramona Avenue, and
Page 49
99-0309.txt
more particularly described as follows:
Commencing at the point being the intersection of the
easterly line of Ramona Avenue (60 feet wide) and the
northerly line of Abbott Road (66 feet wide), thence N 45'-
50'-33" E along the easterly line of said Ramona Avenue, a
distance of 140.49 feet to the point of beginning;
Thence runningN 45'-50'-33" E along the easterly line of
said Ramona Avenue, a distance of 80.00 feet to a point;
Thence runningS 44'-09'-27" E along land now or
formerly of John E. Hunt, a distance of 106.00 feet to a
point"
Thence running S 45-50'-33" W along lands now or
formerly of Edward J. & Joan Bauerlein and Buffalo Chips
Ice Company, each in part, a distance of 80.00 feet to a
point-,
Thence running N 44'-09'-27" W along lands now or
formerly of Colleen Tederous & Gary Reidy, William J.
Greely, Jr., and Bruce A. & Nancy A. McKay, each in part, a
distance of 106.00 feet to the point of beginning.
Total parcel described contains 8,480 square feet or 0. 195
acres.
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 Eric 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 Risman
Corporation Counsel
PASSED
AYES -12 NOES - 0
NO. 111
THEODORE GORES, PETITION TO USE 1660 NIAGARA
STREET - POLE SIGN
(ITEM NO. 80, C.C.P., DEC. 29, 1998)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 112
PROPOSE NAME CHG. -MARINE MIDLAND ARENA
(ITEM NO. 143 C.C.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 113
APPT. MEM. BMHA (MAYOR)
(ITEM NO. I C.C.P. FEBRUARY 9, 1999)
Page 50
99-0309.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 114
REVIEW NOMINEE-BMHA (CC)
(ITEM NO. 38 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 115
REAPPT.-MEMBERS BFLO. ENVIRON. MGMT. COMM.
(MAYOR)
(ITEM NO. I C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 116
REAPPT.-MEMBERS-ZONING BD. (MAYOR)
(ITEM NO. 2 C. C.P. FEBRUARY 23, 1999)
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 117
REAPPT.-MEMBERS-PEST MGMT. BD. (MAYOR)
(ITEM NO. 3 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 118
PAY AS YOU THROW PROGRAM
(ITEM NO. 168 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 119
PAY AS YOU THROW PROGRAM (STS.)
(ITEM NO. 45 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 120
NOTIF SERIAL #9121-9123 (PW)
(ITEM NO. 17 C.C.P. FEBRUARY 23, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 121
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CITY PLACEMENT OF STREET LIGHTING AT
CONVENTION CENTER
(ITEM NO. 155, C.C.P., FEB. 23, 1999)
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 122
E. OVERTON-POOR WORKMANSHIP & MATERIALS-423
N. DIVISION
(ITEM NO. 76 C.C.P. NOVEMBER 17, 1998)
Mr. Zuchlewski moved that the above item be recommitted
to the Committee on Community Development.
ADOPTED.
NO. 123
E. OVERTON423 N. DIVISION (CD)
(ITEM NO. 33 C.C.P. DECEMBER 29, 1998)
Mr. Zuchlewski moved that the above item be recommitted
to the Committee on Community Development.
ADOPTED.
NO. 124
D. ZUCHLEWSKI-E. OVERTON-SITE INSPECTION-423 N.
DIVISION ST. (ITEM NO. 71 C.C.P. FEBRUARY 23, 1999)
Mr. Zuchlewski moved that the above item be recommitted
to the Committee on Community Development.
ADOPTED.
SPECIAL MEETINGS
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 125
POLICE DEPT. K-9 DIVISION (91 82, 11/17)
(ITEM NO. 15 8 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
MRS. LOTEMPIO MOVED:
That the above item be recommitted to the Special
committee on Budget.
ADOPTED
RESOLUTIONS
NO. 126
By: Mr. Brown
Sale of 1223 Genesee Street and 1225 Genesee Street to
Calvary Baptist Church
Whereas: Calvary Baptist Church is located adjacent to
Martin Luther King Park in the Genesee/Fillmore area of
Buffalo; and
Whereas: Calvary Baptist Church is one of the largest and
fastest growing places of worship in the City; and
Whereas: The numbers of its congregation are rapidly
outgrowing the existing accommodations for parking,
causing congestion around MLK Park; and
Page 52
99-0309.txt
Whereas: The church is attempting to acquire parcels of
land contiguous to it's structure in order to facilitate plans for
expansion that include the paving of lots for additional off
street parking; and
Whereas: The Buffalo Economic Renaissance Corporation
(BERC) owns the parcels of land located at 1223 and 1225
Genesee Street through their Neighborhood Commercial
Land Bank; and
Whereas: BERC has approved the purchase of 1223
Genesee Street for $6,722.00 and 1225 Genesee Street for
$7,044.00, by Calvary Baptist Church, for the purpose of
constructing additional off-street parking, contingent upon
final approval by the City of Buffalo Common Council;
Now, Therefore, Be It Resolved:
That this Common Council approves the sale of 1223 and
1225 Genesee Street by the Buffalo Economic Renaissance
Corporation to Calvary Baptist Church for the purpose of
creating additional parking.
PASSED
AYES-12, NOES-0
NO. 127
By: Mr. Brown
Sale of 15 Dignity Circle to Women for Human Rights
and Dignity, Inc.
Whereas: For the past seventeen years, Women for
Human Rights and Dignity (WHRD), Inc. has been providing
much needed help to women and their families in Buffalo
and Erie County; and
Whereas: WHRD, Inc. works with adjudicated women,
empowering them to become economically independent,
sustaining family relationships while they are in residence at
an alter-native to incarceration center, and reuniting them
with their children upon release; and
Whereas: WHRD, Inc. has opened 10 homes and a
community center for previously homeless women and
children, and a residence for previously homeless single
women; and
Whereas: The programs sponsored by WHRD have
achieved phenomenal success with residents completing job
training and acquiring degrees ranging from State Certified
Emergency Medical Technician to four year college degrees;
and
Whereas: WHRD, Inc. is in the process of an expansion to
its facilities that will involve property acquisition, demolition,
paving, and landscaping; and
Whereas: 15 Dignity Circle, an eyesore to the surrounding
community, was recently demolished; and
Whereas: WHRD, Inc. would like to acquire the now
vacant lot at 15 Dignity Circle in order to accommodate their
expansion plans;
Now, Therefore, Be It Resolved:
That this Common Council authorizes the Division of Real
Estate to enter into negotiations with Women for Human
Right's and Dignity, Inc. for the purposes of selling 15 Dignity
Circle to WHRD, Inc.
ADOPTED
NO. 128
By: Mr. Brown
Waiver of Permit Fees for Christmas in April
Page 53
99-0309.txt
Rehabilitation Project
Whereas: Christmas in April is an organization whose
goals are to form broad-based community partnerships and
to encourage volunteering at the community level to assist
low-income homeowners, primarily the elderly and disabled,
in the repair and rehabilitation of their homes; and
Whereas: In Buffalo, Fleet Bank and the Buffalo Bills were
instrumental in bringing together many organizations and
banks, as well as the City and County governments, to
create a Buffalo Chapter of Christmas in April; and
Whereas: Christmas in April has chosen four homes in the
Winslow, Glenwood, Woodlawn area of the Masten District
for minor home repairs and complete exterior painting; and
Whereas: The rehabilitation of these properties will be
done as part of a Citywide clean-up involving a number of
local volunteer organizations including members of the
Buffalo Bills, MAD DADS of Greater Buffalo, Americorps,
and Grassroots, Inc.; and
Whereas: The work of Christmas in April is for
neighborhood beautification and improvement purposes
only, with no underlying motives of profit from the
participants;
Now, Therefore, Be It Resolved:
That this Common Council approves the waiver of any
permit fees that are applicable to the Christmas in April
rehabilitation program being planned for the weekend of
April 30 to May 1, 1999.
PASSED
NO. 129
By: Al Coppola
GRANT PERMISSION TO GREENFIELD ST. BLOCK
CLUB TO HANG PLANTERS ON LIGHT POLES
Whereas: The Greenfield Street Block Club formed in the
Spring of 1998. Their goals are to create a safe, friendly and
well kept neighborhood; and
Whereas: They have designed a beautification project that
will help them meet their goals. The project includes
neighborhood installation of the plant hooks, the planting of
flowers, weekly maintenance of flowers and end of the
season clean up; and
Whereas: The block club feels that the installation of plant
hangers and flower baskets on the lamp posts along the
street will provide an aesthetic improvement to their street. It
will also express their sense of community, concern for their
neighborhood and their commitment to the upkeep of
property values.
Now, Therefore, Be It Resolved:
That this Common Council grant permission to the
Greenfield Street Block Club to hang planters on the light
poles along Greenfield Street, between Amherst Street and
Main Street, providing that all requirements by the
Department of Public Works are satisfied.
PASSED
AYES-12, NOES-0
NO. 130
By: Al Coppola
PERMIT FEES FOR DRIVEWAY
Page 54
99-0309.txt
Whereas: The City's policy for requiring permits to blacktop
and pour new concrete driveways changed a couple of years
ago; and
Whereas: The policy change resulted in fees being
established based on the cost of the band
Whereas: The Common Council never approved a new fee
structure for blacktop or pouring new concrete driveways;
and
Whereas: This fee has placed an additional hardship on
homeowners as well as contractors. Owners think of it as
another "penalty" for keeping up their property;
Now, Therefore, Be It Resolved:
That this Common Council wants the Commissioner of
Public Works to respond and identify where it states in the
ordinance that a permit needs to be taken out to blacktop
and pour driveways.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE-COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL
NO. 131
By: Mr. Fontana
AUCTIONING OFF OF CITY OF BUFFALO PROPERTY
Whereas: Many city departments now auction off
merchandise, vehicles, equipment, etc. as a way to dispose
of these items; and
Whereas: Many of these items have value which adds to
the city's bottom line; and
Whereas: Currently many of these items are being sold at
fire sale prices; and
Whereas:These sales are poorly advertised and
in some instances poorly attended;
Now, Therefore, Be It Resolved:
That the following Departments Police, Fire, Parking
enforcement and General Services report to this Council by
March 23, 1999 on their policies regarding selling of vehicles
and or merchandise; and
Be it further resolved:
That the budget office report to this Council by March 23,
1999 on the income generated by these sales; and
Be it Finally Resolved:
That the budget office compare sales held by the city that
were run by professional auctioneers and those sales done
by city employees.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF
FIRE, THE CORPORATION COUNSEL, THE
COMMISSIONER OF ADMINISTRATION & FINANCE AND
THE COMMISSIONER OF GENERAL SERVICES
NO. 132
By: Mr. Franczyk
DISCHARGE FROM THE FINANCE COMMITTEE
CORN. 30, CCP FEB. 23, 1999 - "RED. IN RET.
- CITY CONT. #91944800-SENECA ST.
WATERLINE REP.-MPJ CONST."
Whereas: Corn. 30, CCP - Feb. 23, 1999 "Red. In Ret. -
City Cont. #91944800Seneca St. Waterline Rep.-Mpj Const"
is presently before the Committee on Finance; and
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99-0309.txt
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the
Committee on Finance from further consideration of Corn.
30, C.C.P. Feb. 23, 1999,"Red. In Ret. - City Cont.
491944800-Seneca St. Waterline Rep.-Mpj Const", and said
item is now before the Council.
ADOPTED
Mrs. LoTempio now moved approval of Item #30, CCP
February 23, 1999"Red. in Ret.-City cont. #91944800-
Seneca St. Waterline Rep.-MPJ const." seconded by Mr.
Helfer
PASSED
AYES-12, NOES-0
NO.133
BOND RESOLUTION
$1,495,650 BONDS
REPLACEMENT LIQUID FUEL TANKS
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,495,650 General
Improvement Bonds of said City to finance the cost of
replacement of various liquid fuel tanks used by the City, at
the estimated maximum cost of $1,495,650.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Million
Four Hundred Ninety-Five Thousand Six Hundred Fifty
Dollars ($1,495,650), 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 replacement of
various liquid fuel tanks used by the City. The estimated
maximum cost of said class of objects or purposes for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $1,495,650, as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended.
Section 2. The proceeds of the sale of the bonds
authorized by this resolution, or any bond anticipation notes
issued in anticipation of the sale of said bonds, shall be
deposited in the Capital Projects Fund to the credit of the
Department of Public Works, Division of Buildings, "Upgrade
of Existing Underground Tanks 1998-99, Bond Authorization
Account No. 200-402, and shall be used for the purpose
specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$1,495,650. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Page 56
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Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the
class of objects or purposes for which the bonds authorized
by this resolution are to be issued, within the limitations of
Section 11.00 a. 88 (a) of the Local Finance Law, is fifteen
(15) years.
(b) Current funds are not required by the Law to be
provided as a down, payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by a general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if:
(a)such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) the provisions of law which should be complied with at
the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity,
is commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Introduced: March 9, 1999
LAID ON THE TABLE
NO. 134
By: Mr. Franczyk:
BOND RESOLUTION
$1,142,350 BONDS
REMOVAL OF UNDERGROUND TANKS
ACCOUNT 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,142,350 General
Improvement Bonds of said City to finance the cost of
removal and disposal of underground tanks formerly used by
the City, at the estimated maximum cost of $1,142,350.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Million One
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Hundred Forty-two Thousand Three Hundred Fifty Dollars
($1,142,350), pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the
"Law") to finance the cost of removal and disposal of
underground tanks formerly used by the City. The estimated
maximum cost of said class of objects or purposes for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $1,142,350, as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended.
Section 2. The proceeds of the sale of the bonds
authorized by this resolution, or any bond anticipation notes
issued in anticipation of the sale of said bonds, shall be
deposited in the Capital Projects Fund to the credit of the
Department of Public Works, Division of Buildings, "Removal
of Underground Tanks 1998-99, Bond Authorization Account
No. 200-402, and shall be used for the purpose specified in
Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$1,142,350. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the
class of objects or purposes for which the bonds authorized
by this resolution are to be issued, within the limitations of
Section 11.00 a. 88 (b) of the Local Finance Law, is ten (10)
years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by a general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if:
(a) such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b) the provisions of law which should be complied with at
the date of the publication of such resolution are not
Page 58
99-0309.txt
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: March 9, 1999
LAID ON THE TABLE
NO. 135
By: Mr. Franczyk
BOND RESOLUTION
$2,000,000 BONDS
CITY PROPERTY DEMOLITION
ACCOUNT 200-717
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $2,000,000 General
Improvement Bonds of said City to finance the cost of
demolition of abandoned City-owned buildings, at the
estimated total cost of $2,000,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General improvement Bonds of said City in the
principal amount of Two Million Dollars ($2,000,000),
pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"), to
finance the cost of the demolition of ninety-six abandoned
City-owned buildings to provide sites for future commercial
and industrial development throughout the City . The
estimated total cost of said class of objects or purposes for
which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $2,000,000 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, "Neighborhood Redevelopment, 1998-99",
Bond Authorization Account No. 200-717, and shall be used
for the class of objects or purposes 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
$2,000,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the
class of objects or purposes for which the bonds authorized
by this resolution are to be issued within the limitations of
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Section 11.00 a. 12a of the Local Finance Law, is ten (10)
years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a)Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with, and an action, suit or proceeding
contesting such validity, is commenced within twenty days
after the date of such publication, or
(c)Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: March 9, 1999
LAID ON THE TABLE
NO. 136
By: Mr. Franczyk
INCREASED APPROPRIATION
FUND BALANCE
MISCELLANEOUS CHARGES
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 -
Miscellaneous Charges - Judgement & Claims - Prior Year
be and the same hereby is increased in the sum of
$700,000.
FROM:
That the comptroller be and hereby is authorized and
directed to transfer the sum of $700,000 from the
Unreserved Fund Balance 100-890-060 to meet this
increased appropriation as set forth below:
100-890-060 - General Fund - Unreserved Fund Balance
(Designated) $700,000
To:
100 General Fund
812 - Miscellaneous Charges
809 - Judgement & Claims - Prior Years $700,000
Page 60
99-0309.txt
PASSED
AYES-12, NOES-0
NO. 137
By: Mr. Franczyk
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF THE TREASURY
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Division of
the Treasury - Exempt Items be and the same hereby is
increased in the sum of $14,433.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $14,433 from 100-890-050 -
Reserve for Capital Appropriations to meet this increased
appropriation as set forth below:
To:
100 General Fund
06 - Department of Administration and Finance
5 - Division of the Treasury
085 - Exempt Items
982 - Operating Equipment - Surveillance camera $14,433
PASSED
AYES-12, NOES-0
NO. 138
By: Mr. Franczyk
Increased Appropriation
Sale of In-Rem Property
Department of Community Development
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments Department
of Community Development - Division of Neighborhoods be
and the same hereby is increased in the sum of $3,200.
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
From:
100 - General Fund
712 - Division of Neighborhoods
402 - City Revenues
71020 - Sale of In Rem Property $3,200
To meet the increased appropriation as set forth below:
To:
100 General Fund
71 - Department of Community Development
2 - Division of Neighborhoods
002 - In Rem
583 - Unclassified $3,200
PASSED
AYES-12, NOES-0
NO. 139
By: Mr. Franczyk
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 1998-99
Page 61
99-0309.txt
That pursuant to section 359 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the Capital Program for the fiscal year
1998-99 be and the same is hereby amended by adding the
following item under the heading:
200 Capital Projects
402 Division of Buildings
Replace Gym floor at Carmichael Center $65,000
PASSED
AYES-12, NOES-0
NO. 140
By: Mr. Franczyk
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 1998-99
That pursuant to section 359 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the Capital Program for the fiscal year
1998-99 be and the same is hereby amended by adding the
following item under the heading:
200 Capital Projects
717 Division of Development
Reconstruction of Allendale Theater $800,000
PASSED
AYES-12, NOES-0
NO. 141
By: Mr. Franczyk
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
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 $32,000 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 $32,000
To:
204 Capital Project Fund
401 - Division of Engineering
501 - Reconstruction of Marine Drive $32,000
(from Erie Street to Main Street)
PASSED
AYES-12, NOES-0
NO. 142
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 $100,000 be and the same is
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99-0309.txt
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 $100,000
To:
100 General Fund
402 - Division of Buildings
031 - Operation & Maintenance of Public Buildings
560 - Building Repairs & Alterations $100,000
PASSED
AYES-12, NOES-0
NO. 143
By: Mr. Franczyk
TRANSFER OF FUNDS
GRANTS IN AID - HUMAN SERVICES
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 $20,000 be and the same is
hereby transferred within Grants In Aid - Human Services
and said sum is hereby reappropriated as set forth below:
From:
100 - General Fund
811 - within Grants In Aid - Human Services
289 - Father Vincent Belle Community Center $20,000
To:
100 - General Fund
811 - within Grants In Aid - Human Services
289 - Erie Regional Housing Development Corporation
$20,000
REFERRED TO THE COMM= ON FINANCE AND THE
CORPORATION COUNSEL
NO. 144
By: Mr. Franczyk
TRANSFER OF FUNDS
PUBLIC WORKS - BOND FUNDS
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 $49,642.33 be and the same is
hereby transferred within the Department of Public Works -
Capital Projects Fund and said sum is hereby reappropriated
as set forth below:
From:
203 Capital Projects Fund
402 - Division of Buildings
015 - Shea's Buffalo Fire Alarm $49,642.33
To:
292 Capital Projects Fund
402 - Division of Buildings
001 - Shea's Stage Expansion Project $49,642.33
PASSED
AYES-12, NOES-0
NO. 145
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BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
2 DIVISION OF ENGINEERING
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Code of the
City of Buffalo, relating to 40 - Department of Public Works,
2 Division of Engineering is hereby amended with the
addition:
TEMPORARY SERVICES AS REQUIRED
SERVICES INCIDENT TO:
TRAFFIC SAFETY EDUCATIONAL PROGRAM GRANT
1 Traffic Safety Project Director $ 605 027
WE, JOSEPH N. GIAMBRA, Commissioner of Public
Works and JAMES B. MILROY, Director of the 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.
JOSEPH N. GIAMBRA
Commissioner of Public Works
JAMES B. MILROY
Director of Budget
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
03/04/99 Attachment
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 146
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND
61-1 NORTHAMERICARE PARK
031 OPERATION AND MAINTENANCE
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Code of the
City of Buffalo, relating to 61 NorthAmericare Park, 031
Operation and Maintenance which reads:
TEMPORARY SERVICES AS REQUIRED
Senior First-Class Stationary Engineer (Hourly) $ 7.33
Is hereby amended to read:
Senior First-Class Stationary Engineer (Hourly) $ 10.25
This ordinance shall be retroactive to February 24, 1999.
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
We, Michael A. Masiello, Director of Stadium &
Memorial Auditorium, and James B. Milroy, Director of
Budget, hereby certify that the above change is necessary
Page 64
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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.
MICHAEL A. MASIELLO
Director of Stadium & Memorial Auditorium
JAMES MILROY
Director of Budget
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
ANTHONY MASIELLO
Mayor
JOEL GIAMBRA
Comptroller
APPROVED AS TO FORM
Michael Risman
Corporation Counsel 03/02/99
PASSED
AYES-12, NOES-0
NO. 147
MS. GRAY
SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND
98 - 0 - DEPARTMENT OF WATER
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Code of the
City of Buffalo, relating to 98 - 0 apartment of Water is
hereby amended to read:
TEMPORARY SERVICES AS REQUIRED
Consultant R (Hourly) $ 20.00
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.
JOSEPH GIAMARA
Commissioner of Public Works
JAMES MILORY
Director of Budget
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
02/02/99
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 148
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
01 - 0 COMMON COUNCIL
004 LEGISLATIVE COMMITTEE CHAIRMAN
The Common Council of the City of Buffalo does ordain as
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follows:
That part of Section 1 of Chapter 35 of the Code of the
City of Buffalo, relating to 01 - 0 Common Council, 004
Legislative Committee Chairman which reads:
2 Legislative Assistant $ 30,164
Is hereby amended to read:
1 Senior Legislative Assistant $ 33,974
1 Legislative Aide $26,356
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
WE, CHARLES L. MICHAUX III, City Clerk, and JAMES
B. MILROY, Director of the 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.
CHARLES L. MICHAUX III
CITY CLERK
JAMES MILROY
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
03/04/99 Attachment
PASSED
AYES-12, NOES-0
NO. 149
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
01 - 0 COMMON COUNCIL
001 LEGISLATIVE COMMITTEE CHAIRMAN
That part of Section 1 of Chapter 35 of the Code of the
City of Buffalo, relating to 010 Common Council, 004
Legislative Committee Chairman which reads:
1 Legislative Aide $ 27,118
Is hereby amended to relief:
1 Legislative Aide $ 26,356
IT IS HER-EBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
WE, CHARLES L. MICHAUX III, City Clerk, and JAMES B.
MILROY, Director of the 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.
CHARLES L. MICHAUX III
CITY CLERK
JAMES MILROY
DIRECTOR OF BUDGET
Page 66
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We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter- of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
ANTHONY MASIELLO
MAYOR
JOEL A. GIAMBRA
COMPTROLLER
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
3/9/99
PASSED
AYES-12, NOES-0
NO. 150
By: Mr. Helfer
CONCERN OVER "OPERATION SAVE AMERICA"
COMING TO THE CITY OF BUFFALO
Whereas: In April, 1999, "Operation Save America," a pro-
life demonstration, is expected to come to the City of Buffalo;
and
Whereas: Residents of the City are expressing concern
about numerous issues related to this planned
demonstration and its effect on Buffalo. Of primary concern
is the potential impact the demonstration may have on the
daily routines and lifestyle of residents; and
Whereas: The controversial nature of the subject material,
combined with the general lack of public information being
provided about the demonstration activities, creates an
atmosphere of confusion and concern. In order for Buffalo's
citizenry and government to adequately prepare for and
respond to the impact of "Operation Save America," while at
the same time safeguarding the rights of all parties, the
following questions and concerns must be addressed:
Have the sites, dates, and duration for the demonstration
been identified?
Will permits be required for public assembly, special events,
or any other activities associated with the demonstration? If
so, have the demonstration organizers requested the permits
or been notified of the need to acquire them?
What plans has the Buffalo Police Department formulated for
crowd control? How will parking and traffic flow problems be
addressed? What type of action will be taken by the City to
address any violations of the above concerns?; and
Whereas: One potential location for the demonstration is
the clinic located at Main & Amherst Streets; this location is
particularly a source of concern because of its close
proximity to Bennett High School and Buffalo Public School
#54; and
Whereas: A detailed plan of action by the City to properly
respond to the issues presented by this demonstration is
essential to insure that "Operation Save America" will be
conducted in a peaceful manner and not upset the daily lives
of Buffalonians;
Now, Therefore, Be It Resolved:
That the Common Council requests that the Mayor's office,
the Commissioner of Police, and the Commissioner of
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Administration & Finance, file a detailed plan of action
concerning the prospect of the "Operation Save America"
demonstration coming to the City of Buffalo in April, 1999;
and
Be It Further Resolved:
That the Board of Education respond to this resolution with
plans about how it will address any demonstrations held in
close proximity to schools; and
Be It Finally Resolved:
That responses be filed with the Common Council by 2:00
p.m. Thursday, March 18, 1999.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
MAYOR, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF ADMINISTRATION & FINANCE AND
THE BOARD OF EDUCATION
NO. 151
By: Mr. Helfer
MEMORIALIZE NEW YORK STATE LEGISLATURE TO
AUTHORIZE BUFFALO CITY COMPTROLLER TO
CONDUCT ANNUAL AUDIT OF BUFFALO PUBLIC
SCHOOL DISTRICT
Whereas: The City of Buffalo allocates funding to the
Buffalo Public School district on an annual basis; and
Whereas: In Fiscal Year 1998-1999, the City's allocation to
the Buffalo Public School district totaled $70,115,358; and
Whereas: Although the City of Buffalo allocates funds to
the Buffalo Public School district on an annual basis, neither
state nor local laws provide the City Comptroller with specific
authority to audit the Buffalo Public School district; and
Whereas: In fact, under 34 of the New York State
General Municipal Law, the New York State Comptroller is
the only elected official authorized to annually audit a school
district; and
Whereas: The present situation does not provide the City
of Buffalo with any means of monitoring its annual allocation
to the Buffalo Public School district; and
Whereas: The leadership of the City of Buffalo has a
vested interest in ensuring that this allocation is being
distributed and managed efficiently and effectively; and
Whereas: A quality public education system is an
extremely useful tool as the City of Buffalo works to attract
and retain residents; this is a major component of the City's
vested interest in the efficient and effective distribution and
management of the aforementioned allocation; and
Whereas: In addition, although the allocation of
$70,115,358 represents a sizable portion of the City's overall
budget, the present situation does not allow the City of
Buffalo to hold the Buffalo Public School district accountable
for this significant investment; and
Whereas: Allowing the Comptroller of the City of Buffalo to
conduct an annual audit of the Buffalo Public School district
would provide the City with a means of protecting its vested
interest and holding the Buffalo Public School district
accountable for this allocation; and
Whereas: The City Comptroller may not conduct such an
annual audit without permission, in the form of legislation,
from the State of New York;
Now, Therefore, Be It Resolved:
That the Buffalo Common Council memorializes the New
York State Legislature to enact legislation which would allow
the Comptroller of the City of Buffalo to conduct an annual
audit of the Buffalo Public School district; and
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Be It Further Resolved:
That the City Clerk forward certified copies of this
resolution to the leadership of both the New York State
Senate and Assembly as well as the members of the
Western New York Delegation of the New York State Senate
and Assembly.
ADOPTED
NO. 152
By: Mr. Helfer
Memorialize New York State to Approve Code Reform
Legislation
Whereas: Downtown Buffalo is similar to many other
downtown areas throughout New York State in that it has
many aging buildings that were constructed for commercial
purposes; and
Whereas: Unfortunately, a great number of these buildings
are no longer being used for their original purposes and
have been left vacant; and
Whereas: Although attempts have been made to
redevelop many of these vacant buildings for various uses,
certain factors, including the New York State Uniform Fire
Prevention and Building Code, have made such
redevelopment impossible; and
Whereas: This Building Code, which was enacted in 1984,
has been described as "outdated, inflexible, and difficult to
use"; in addition, Code compliance is said to be "subject to
interpretation that can vary widely between agencies and
localities, resulting in construction delays and additional
costs"; and
Whereas: New York State Assembly Member Robin
Schimminger and New York State Senator Vincent Leibell
recently introduced legislation, in the New York State
Assembly and Senate respectively, which requests
implementation of the newly developed International Model
Code; and
Whereas: The International Model Code is a standardized,
safety-conscious code based on the model codes that are
already in use in more than thirty states and
Whereas: Sponsors and supporters of this legislation have
noted that they are convinced that more flexible codes do
not compromise public safety and it will prove to be a critical
tool in the ongoing collaborative efforts to revitalize
downtown Buffalo,
Now, Therefore, Be It Resolved:
That the Buffalo Common Council memorializes the New
York State Senate and Assembly to approve the code
reform legislation that was recently introduced by Senator
Vincent Leibell and Assembly Member Robin Schimminger;
and
Be It Further Resolved:
That the City Clerk forward certified copies of this
resolution to the leadership of the New York State Senate
and Assembly.
ADOPTED
NO. 153
By: Mr. Helfer
ORDINANCE AMENDMENT
CHAPTER 78 - ANIMALS
The Common Council of the City of Buffalo does hereby
ordain as follows:
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That Section 78-13 of Chapter 78 of the Code of the City
of Buffalo be amended to read as follows:
78-13. Adoption; fee.
All dogs as to which title has been forfeited to the city
pursuant to Article 7, 118, of the Agriculture and Markets
Law of the State of New York shall be made available for
adoption in the discretion of the Commissioner of Street
Sanitation. The city shall collect an adoption fee as provided
in Chapter 175, Fees, at the time the custody of the dog is
transferred; provided, however, that the new owner of the
dog, upon furnishing satisfactory proof to the Commissioner
of Street Sanitation that such dog has been spayed or
neutered within sixty (60) days after adoption, shall be
entitled to a refund as provided in Chapter 175, Fees. The
adoption fee may be waived for senior citizens Lipon the
presentation of satisfactory proof of residency and
identification as a senior citizen to the Commissioner of
Street Sanitation.
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 Risman
Corporation Counsel
NOTE:Matter underlined is new.
PASSED
AYES-12, NOES-0
NO. 154
By: Mr. Helfer
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 78 of Chapter 175, Fees, of the Code of the
City of Buffalo be amended to read as follows:
Chapter 78 Animals
78-13, adoption of impounded dogs
Adoption $25.00
Refund upon spaying or neutering $15.00
Rabies shot $12.00
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
NOTE:Matter underlined is new.
PASSED
AYES-12, NOES-0
NO. 155
By: Mrs LoTempio, Helfer, Fontana and Brown
EXTEND FILING DEADLINE FOR THE STAR PROGRAM
Whereas: On March 1, 1999, the State Assembly passed a
bill extending the STAR program applicati period deadline to
April 15, 1999; and
Whereas: Before the City of Buffalo is able to grant this
extension for City residents through a Home Rule Message,
State Legislation Bill Numbers must be assigned; and
Whereas: These bill numbers are expected to be assigned
shortly. In the meantime, the City Assesor's office should
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prepare itself for this extension and the processing of the
late STAR exemption applications;
Now, Therefore, Be It Resolved:
That the Common Council authorizes the extension of, and
hereby adopts April 15, 1999, as the deadline for filing
applications for the School Tax Relief exemption (STAR)
program for the 1999-2000 school year in the City of Buffalo;
and
Be It Further Resolved:
That the Commissioner of Assessment prepare his office In
anticipation of the new April 15, 1999, STAR exemption
deadline; and
Be It Finally Resolved:
That the Common Council requests that the Law Department
to prepare a local law extending the deadline for filing STAR
applications to April 15, 1999, once bill numbers have been
assigned by the State, and, that said law be filed with the
Common Council as soon as possible.
ADOPTED
NO. 156
By:Mrs. LoTempio
RE: ORDINANCE AMENDMENT
CHAPTER 242 - HOUSING STANDARDS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 242-12 of Chapter 242 of the Code of the City
of Buffalo be amended to read as follows:
242-12. Inspection enforcement.
A.Every property owner shall pay a fee of seventy-
five dollars ($75.) to be assessed against the property for
each inspection after the second inspection in which
violations of a [city housing ordinance] state or local building
code are found, unless such fee is waived by the [Waiver
Review Panel] Bureau of Administrative Adjudication. [The
Waiver Review Panel shall consist of the Commissioner of
Inspections and Community Revitalization, the Director of
Housing and Property Inspections and the Director of
Licenses.] Inspectors shall assess the fee for consultation
with the Chief Building Inspector or the Director of
Inspections, Licenses and Permits, when in the evaluation of
the inspector, the status of the violation has not progressed
or been satisfactorily completed. The fee shall not be
applicable to inspections ordered after the commencement
of a court action.
B.Each request for a waiver must be in writing to the
Bureau of Administrative Adjudication, setting forth in detail
the circumstances justifying the waiver and shall be limited
to one (1) inspection. The waiver request must include the
name of the property owner, the address of the property
assessed the fee and the address of the owner of the
property, if different from the subject property. Nothing in
this section shall limit the number of waivers a property
owner may request; however, each request must be
submitted separately to the [Waiver Review Panel] Bureau of
Administrative Adjudication. The [Waiver Review Panel]
Bureau of Administrative Adjudication may grant a waiver
when extraordinary circumstances have been shown to
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exist. Those circumstances include, but are not limited to
the weather, financial hardship, family situations and illness.
Each waiver granted by the [Waiver Review Panel] Bureau
of Administrative Adjudication shall be in writing and shall set
forth the rationale behind granting the waiver.
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 Risman
Corporation Counsel
NOTE:Matter underlined is new; matter in brackets to be
deleted.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 157
By: Mr. Pitts
PURCHASE OF DELAWARE AVENUE ASBURY CHURCH
Whereas: In Item No 175, C.C.P. 11/17/98, the Council
authorized the Corporation Counsel to negotiate for the
purchase of the Delaware Avenue Asbury Church and
adjacent parking lot located at the comer of Delaware
Avenue and West Tupper Street;
and
Whereas: The owners of Delaware Avenue Asbury Church
located at the comer of Delaware Avenue and West Tupper
Street have been offered $175,000 for the parking lot only;
and
Whereas: The owners would prefer to sell the church and
the parking lot to the City for $175,000; and
Whereas: The City's purchase of this entire parcel would
be beneficial to the City as it would support the preservation
of a historic structure; and
Whereas: The parcel is located in a vital downtown
location and can provide income to the City through the
parking lot while redevelopment plans are being prepared;
and
Whereas: The failure to purchase the church will leave a
vacant building in need of restoration and may present a
public hazard; and
Whereas: Judge Gorski has strongly urged the City to take
quick action on this matter
Now Therefore Be It Resolved:
That the Common Council does hereby authorize the
Division of Real Estate to enter into a purchase agreement
for the Delaware Avenue Asbury Church and parking lot in
the sum of $175.000 plus closing costs not to exceed
$3,000; and
Be It Further Resolved:
That the Comptroller be authorized to appropriate $175,000
for the purchase of the property and $3,000 to cover closing
costs.
PASSED
AYES - BROWN, COPPOLA, FONTANA, FRANCZYK,
GRAY, LOTEMPIO, MANLEY, PITTS, QUINTANA,
WILLIAMS - 10 NOES - HELFER, ZUCHLEWSKI -2
NO. 158
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BY MR. PITTS & Mr. Brown
RES: SUPPORT OF WNED-AM
WHEREAS: WNED-AM, a member station of the Western
New York Public Broadcasting Association (WNYPBA) has
served the community for two decades; and
WHEREAS: WNED-AM, which was formerly station
WEBR-AM, Newsradio 970,
and was the City of Buffalo's radio news leader with its mix
of around the clock news, breaking news, and award-
winning news coverage during the late 70's, 80's and early
90's; and
WHEREAS: WEBR-AM was also the station that brought
Western New Yorkers "Jazz in the Nighttime", which
included live remote broadcasts of top jazz musicians from
venues across Buffalo and was a program of such high
quality that will never be duplicated on Buffalo's radio
airwaves; and
WHEREAS: Recently, through federal communications
deregulation, there has been a lack of competition among
the remaining radio broadcast news entities in the City of
Buffalo; and
WHEREAS: Plans for simulcasting the signal of public
radio station WBFO-FM an WNED-AM's frequency have
been dropped, a move, that if approved, could have led to
further decreased competition among Buffalo's remaining
news radio stations; and
WHEREAS: WNED-AM's current weekday and weekend
lineup includes such news radio gems like "The Connection",
Mid-Day Forum, "Live @ Noon", broadcasts from the
National Press Club in Washington D.C., the Detroit
Economic Club, City Club of Boise, Cleveland City Club and
the Commonwealth Club of California as well as "Weekend
Edition Saturday", "Weekend Edition Sunday", 'Sound
Money" and "Zorba Paster on Your Health"; and
WHEREAS: Any demise of WNED-AM would lead to these
programs being taken off the air and the loss of radio jobs for
the individuals at the station who produce, present and
oversee the process of bringing these programs to the
WNED-AM airwaves and report on local news; and
WHEREAS: One of the three "E's" of the WNYPBA
mission statement is to educate (as well as to entertain and
enlighten). An education that only public radio broadcasting
can do in the metro Buffalo area; and
WHEREAS: Public dollars of membership support,
corporate financial support and underwriting revenue and
state and federal funding sources have all declined since the
1980's.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council formally stands united with all
calling for the economic renaissance of WNYPBA member
station WNED-AM, 970, "The Information Station"; and
BE IT FURTHER RESOLVED:
That the Common Council pledges to work with the
WNYPBA in ensuring that WNED stays on the air for
decades to come;
BE IT FINALLY RESOLVED:
That the City Clerk forward certified copies of this resolution
to area Government civic and financial leaders including the
Mayor of the City of Buffalo, the Honorable Anthony M.
Masiello, Erie County Executive Dennis Gorski, the Western
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New York Delegation to the New York Legislature, Ronald
Coan, Executive Director of the Erie County Industrial
Development Agency, Andrew Rudnick, President of Buffalo
Niagara Partnership, Donald Boswell, President and CEO of
Western New York Public Broadcasting Association, and
Mary Ann Lauricella, the head of the Board of Trustees for
the WNYPBA.
ADOPTED
NO. 159
By: Mr. Robert Quintana
OUTSTANDING UNSERVED WARRANTS WITHIN THE
BUFFALO POLICE DEPARTMENT
Whereas: On Wednesday, February 24, 1999, Channel 7
Television Broadcast station aired a report on the Buffalo
Police Department's outstanding warrants; and
Whereas: The report alleged that the City of Buffalo has
over 37,000 outstanding warrants, an overwhelming number
when compared to the suburbs which was reported to have
only 3,000 outstanding warrants; and
Whereas: The report further indicated that not only does
the suburbs have a minimal amount of outstanding warrants,
they have a four (4) man unit that deals exclusive with war-
rants. The City of Buffalo Police Department has a 1 (one)
man unit; and
Whereas: Large numbers of outstanding unserved
warrants are a good indication that criminals are not being
reprimanded for crimes in a timely manner and are left free
to possibly commit more crimes; and
Whereas: Unserved outstanding warrants endanger the
lives of citizens and hinder the District Attorney's prosecution
efforts;
Now, Therefore, Be It Resolved:
That this Common Council requests that the Buffalo Police
Department, file with this council a detailed report indicating
the actual number of outstanding warrants and the reason
why these warrants are outstanding; and
Be It Further Resolved:
That the Police Commissioner include in this report, his
plans and intentions to alleviate this most serious problem,
and that this report be filed by 2:00 PM, Thursday, March 18,
1999; and
Be It Finally Resolved:
That the Police Commissioner is hereby requested to attend
the next Police Reorganization/Oversight Committee
meeting to be held on Thursday, March 25, 1999 at 2: 00 PM
in the Common Council Chamber to discuss his report.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT AND THE
COMMISSIONER OF POLICE
NO. 160
By: Councilmember Dale L. Zuchlewski
MORATORIUM ON MULTIPLE DWELLING AND
ROOMING HOUSE LICENSES
Whereas: The City of Buffalo, home to a high percentage
of multiple dwellings and rooming houses, has experienced
a constant decrease in population over the last three
decades; and
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Whereas: As the year 2000 census approaches, it is
expected to show an additional decrease in Buffalo's
population by 20,000 to 28,000 persons since the 1990
census; and
Whereas: With the large decline in population, Buffalo is
left with more structures than can possibly be used. Many of
these structures are multiple dwellings and rooming houses;
and
Whereas: To aid in the reduction of vacant structures in
the City of Buffalo, the City should be looking to reduce the
number of multiple dwelling units and rooming houses
instead of continuing to issue licenses for them; and
Whereas: The City of Buffalo Planning Board, in response to
complaints about the over concentration of rooming houses
in certain Buffalo districts and the negative effects multiple
dwelling and rooming houses tend to have on
neighborhoods, has recommended a moratorium on the
issuance of rooming house licenses, and has requested that
a study be initiated on the effects of such dwellings on
neighborhoods;
Now, Therefore, Be It Resolved:
That this Common Council requests the Corporation
Counsel to draft and file appropriate legislation for a
moratorium of at least one year on the issuance of multiple
dwelling and rooming house licenses; and
Be It Further Resolved:
That this Honorable Body requests the Commissioner of
Community Development to undertake a study on the effects
of multiple dwellings and rooming houses on Buffalo
neighborhoods.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE COMMISSIONER
OF COMMUNITY DEVELOPMENT
NO. 161
By: Dale L. Zuchlewski
INCREASE NOTIFICATION REQUIREMENTS FOR
HEARINGS
Whereas: In the event of a land use change request, it is
required that City agencies notify area property owners of
such a hearing; and
Whereas: In the event of a rezoning or restricted use
permit hearing before the City Planning Board, the City
Clerks Office notifies owners of property 400 feet to the front
on both sides of the street and any property 50 feet to the
side or rear of the property by mail at least 10 days before
the requested change comes before the proper committee;
and
Whereas: In the event of a zoning variance, the Zoning
Board notifies owners of property 300 feet to the front on
both sides of the street and any property 50 feet to the side
or rear of the property by mail at least 10 days before the
Zoning Board hearing; and
Whereas: For the interest of any concerned party, hearing
notices are also placed in the Legal/Public Notices section in
the back of the classifieds of the Buffalo News, at least ten
days before the hearing date; and
Whereas: Due to the limited radius of property owners
receiving personal notices and the obscure location of the
listing in the Buffalo News, it is possible for a hearing on a
property to take place without the knowledge or input of an
existing property owner in close proximity to the lot; and
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Whereas: Also, with the rapid increase of block clubs and
community organizations, interest in neighborhood projects
has grown and the impact of these proposals has become
more of a concern to a wider range of neighbors;
Now, Therefore, Be It Resolved:
That this Common Council requests the City Clerk's Office,
the City Planning Board, the Zoning Board and Corporation
Counsel respond to the concept of extending the written
hearing notification requirement to include owners of
property 1,500 feet to the front on both sides of the street
and any property 500 feet to the side or rear of a property.
REFERRED TO THE COMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, THE ZONING BOARD OF
APPEALS, THE CORPORATION COUNSEL AND THE
CITY CLERK
NO. 162
By: Councilmember Dale Zuchlewski
WAIVE FEES FOR SIGN PERMIT
Whereas: St. John's Gennain Cemetery, once located on
the comer of Military Road and Lansing Street, was the final
resting spot for the pioneers of Black Rock and numerous
Civil War Veterans; and
Whereas: The Historic Pride Committee of the BlackRock-
Riverside Neighborhood Housing Services has chosen to
honor this abandoned cemetery as a historical site for the
significance it brought to the BlackRock community in the
middle 1800's early 1900's; and
Whereas: The property in which the group wishes to install
the sign is actually privately owned by Metal Preparations
Co., Inc. located at 26 Lansing St. and permission to install
the sign has been given by this company; and
Whereas: The sign is approximately I 1/2' x I 1/2' and will
be placed on the private property approximately 8'4" away
from the city right-of-way which runs along Military Road or
the eastern most portion of the aforementioned property; and
Whereas: The City of Buffalo requires that a permit be
issued prior to the installation of such a sign; and
Whereas: This proposal is being made by a non-for-profit
organization and with the history of our neighborhood in
mind; and
Now, Therefore, Be It Resolved:
That the Common Council grant permission to waive any city
fees associated with the issuance of a permit to install this
sign; and
Be It Further Resolved:
That certified copies of this resolution be forwarded to Dave
Krug in the Permit Office and Joan Barone from the Historic
Pride Committee.
PASSED
AYES -12 NOES - 0
NO. 163
By Mr. Zuchlewski
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
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as indicated:
Felicitation for Marcia L. Fudge
By Councilmember J. Pitts and C. Michaux
Felicitation for The international All Star Sports Council
By Councilmember J. Pitts and C. Michaux
ADOPTED.
NO. 164
By: Mr. Zuchlewski
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31r20OO , conditional upon the person so appointed
certifying under oath to their qualifications and filing same
with the City Clerk:
CAROL GRABAR
DONALD H. HILL
ADOPTED
NO. 165
By: Mr. Zuchlewski
APPOINTMENTS COMMISSIONER OF DEEDS
REQUIRED-PERFORMANCE OF PUBLIC DUTIES
That the following persons are Hereby appointed as
Commissioner of Deeds for the term ending December 31,
2000, conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the
City Clerk:
JOSEPH CONKLING,JR.
JAMES BREM
UNFINISHED BUSINESS
NO. 166
BOND RESOLUTION-$1,000,000-LOVEJOY
INFRASTRUCTURE IMPROVEMENTS
(RES. #145-C.C.P., FEB. 23, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Ms. Gray
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Fontana
PASSED
AYES -12 NOES - 0
NO. 167
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.
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Regular Committees
Committee on Civil Service Tuesday, March 16, 1999
at 9:30 o'clock A.M.
Committee on Finance Tuesday, March 16, 1999
following Civil Service
Committee on Legislation Tuesday, March 16,@
1999 at 2:00 o'clock P.M.
Committee on Comm Devel Wednesday, March 17,
1999 at 10:00 o'clock A.M.
Committee on Education Yet to be determined.
Ancillary Meetins
Special Committee on Budget will be meeting on Thursday,
March 11, 1999 at 1:00 o'clock P.M. in Room 1417 City Hall.
Special meeting on the Super Span Signature Bridge Task
Force will be held on Monday, March 15, 1999 at 10:00
o'clock A.M. in Room 1417 City Hall.
Special meeting on A. Philip Randolph will be held on
Thursday, March 18, 1999 at 1:00 o'clock p.m. in Room
1417 City Hall.
Special meeting on Police Reorganization/Oversight
Committee will be held on Thursday, March 25, 1999 at 2:00
o'clock PM 'M the Council Chambers.
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.
Gretchen A. Pound
Council Reporter
NO. 168
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Helfer
the Council adjourned at 4:48 pm
CHARLES L. MICHAUX, III
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#2
MAYOR'S OFFICE - 201 CITY HALL
FEBRUARY 25, 1999
Present:James W. Pits, Council President; Anthony M.
Masiello, Mayor; JoeI Giambra, Comptroller-3
Absent: None
The Journal of the last meeting was approved.
NO. I
I transmit herewith the Pension Payroll for the Fire Pension
Fund fbr the month of February 1999 amounting to
$22,713.43, and respectfully request that checks be drawn
to the order of the persons named herein for the amounts
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stated.
ADOPTED
AYES-3. NOES-0.
NO. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of February 1999 amounting to
$22,957.00, and respectfully request that checks be drawn
to the order of the persons named herein for the amounts
stated.
ADOPTED.
AYES-3. NOES-0.
NO. 3
The following annuitants were cancelled from the Police
Pension Payroll:
Laura E. Hurley Died
1/30/99
Elvira B. Loskorn Died
1/18/99
Marion E. Murphy Died
1/22/99
RECEIVED AND FILED.
NO. 4
On motion by Mr. Masiello, the City of Buffalo Police and
Fire Pension Board Meeting adjourned at 11:15 a.m.
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