HomeMy WebLinkAbout99-0223
99-0223.txt
No. 4
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 23, 1999
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
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99-0223.txt
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, 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, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, FEBRUARY 23, 1999
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Fontana,
Franczyk, Gray, Helfer, LoTempio,Manley, Pitts,
Quintana, Williams and Zuchlewski - 12.
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by Mr.
Fontana, the minutes of the stated meeting held on
February 9, 1999 were approved.
FROM THE MAYOR
NO. 1
REAPPOINTMENT OF MEMBERS TO THE BUFFALO
ENVIROM-NENTAL MANAGEMENT COMMISSION
Page 2
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Pursuant to the powers vested in me by Section 318.2 of
the Charter of the City of Buffalo, as amended, I hereby
reappoint the following individuals as members of the Buffalo
Environmental Management Commission:
REAPPOINT:
Cynthia A. Schwartz 833 Auburn Avenue Buffalo, N. Y.
14222
Ms. Schwartz term will commence immediately and will
expire February 16, 2001.
Margery A. Miller 296 Huntington Avenue Buffalo, N.Y.
14214
Ms. Miller's term will commence immediately and expire
February 16, 2001.
Wayne Lewis Creelman, M.D., F.A.P.A.90 Meadow Rd.
Buffalo, N.Y. 14216
Dr. Creelman's term will commence immediately and expire
February 16, 2001.
Bruce Coleman 135 Buffum Street Buffalo, New York 14210
Mr. Coleman's term will commence immediately and expire
February 16, 2001.
I hereby certify that the above named individuals are fully
qualified for reappointment the Buffalo Environmental
Management Commission.
REFEREED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 2
RE-APPOINTMENT OF MEMBERS TO THE
ZONING BOARD OF APPEALS
Pursuant to the powers vested in me by Chapter 511,
Section 12 1, Article XXIV of Part 11 of the Code of the City
of Buffalo, I hereby re-appoint the following individuals as
members of the Zoning Board of Appeals. Their terms will
expire March 11, 2002.
Anthony N. Diina 193 Huntington Avenue Buffalo 14214
William J. Collins, Jr. 343 Newburgh Avenue Buffalo 14215
Warren F. Glover 17 Newport Avenue Buffalo 14216
I hereby certify that the above named individuals are fully
qualified to serve as members of the Zoning Board of
Appeals.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE.DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 3
RE-APPOINTMENT OF MEMBER TO THE
PEST MANAGEMENT BOARD
Pursuant to the powers vested in me by the Code of the
City of Buffalo, Chapter 6, Article VII, I hereby re-appoint
James A. Smith, residing at 178 Lancaster Avenue, Buffalo,
New York 14222 for a term commencing immediately and
expiring February 16, 2001.
I hereby certify that the above named individual is fully
qualified to serve on the Pest Management Board.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
FROM THE MAYOR - EXECUTIVE DEPARTMENT
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NO. 4
EMC COMMENTS ON PESTICIDE
ORDINANCE
ITEM NO. 103, C.C.P. 1/26/99
The Common Council has asked the Buffalo
Environmental Management Commission (EMC) to comment
on the proposed Pesticide Use Ordinance -"Ord. Amend. -
Chapter 6, Boards, Comm., etc." (#103 C.C.P. Jan. 26,
1999). The EMC strongly supports the proposed pesticide
ordinance and urges the Common Council to adopt it. The
Commission commends the City of Buffalo Pest
Management Board for its many months of work in
developing an ordinance which, if adopted, will make Buffalo
a leader in municipal efforts to manage pests without
threatening human health and the environment. Some of the
most compelling arguments in favor of adoption of this
landmark legislation are:
1. Growing evidence shows that pesticides - even when
used "safely" - pose a threat to the environment and human
health, particularly the health of children.
2. The General Plan for City of Buffalo Environmental Policy,
adopted by Mayor Masiello in June 1996, commits City
government to limit the negative environmental and human
health impacts of its own operations. The proposed
ordinance will help move the City towards meeting this
commitment.
3. It is hoped that adoption of the ordinance by the City will
be part of a public education effort encouraging businesses
and residents to phase out their use of pesticides. Through
adoption and implementation of this ordinance, the City will
be leading by example.
4. Through effective implementation of Integrated Pest
Management (IPM) programs, which emphasize nontoxic
approaches to pest control, the use of toxic pesticides
should only be required in fairly rare cases. The ordinance
will make existing City IPM programs more effective by
ending all non-essential pesticide uses.
5. There are some types of pesticide uses that are clearly
necessary for the protection of human health. These are
exempted from the ordinance's phase out requirement.
6. The waiver provisions of the ordinance give the City
enough flexibility to address emergency pest infestations.
The process through which the Pest Management Board
developed the proposed ordinance is an exemplary one
which should be widely emulated in City government. Over
a period of several months, the Board invited City
departments and contractors responsible for pest
management to its meetings to express their concerns about
the ordinance. The language contained in the ordinance
was amended several times in response to these concerns.
One resulting change is the streamlined waiver procedure
contained in ordinance.
The EMC urges the Common Council to adopt this important
legislation.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY PLANNING BOARD
NO. 5
D. LIAROS
224 HUMBOLDT PKWY.
REZONE FROM R2TO CL,
ITEM NO. 108, C.C.P. 2/8/99
Page 4
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The City Planning Board at its regular meeting held
Tuesday, February 16, 1999, considered the matter
captioned above pursuant to Section 511-126 of the Buffalo
Code, Procedures for changes and amendments. The
applicant seeks to rezone 224 Humboldt Pkwy., 45, 55, and
59 Kensington Ave. from "R2" to "Cl". The purpose of the
rezoning as stated on the petition, include retail store, office,
residential and gas pumps. The Planning Board voted to
deny the rezoning request after residents expressed strong
neighborhood opposition to the request.
RECEIVED AND FILED
NO. 6
M. FERDMAN
MORATORIUM ON ROOMING HOUSE LICENSES
ITEM NO. 65, C.C.P. 12/15/98
The City Planning Board at its regular meeting held
Tuesday, February 16, 1999, considered the matter
captioned above pursuant to Section 317.1 of the Buffalo
Code, Referrable matters to the City Planning Board. The
author of a letter seeks to have the City initiate a
"Moratorium of Rooming House Licenses" while a study is
conducted to determine the impact of rooming houses on
neighborhoods.
The Planning Board voted to recommend a six month
moratorium of the issuance of rooming house licenses and
that the Common Council and Mayor initiate a study on the
effects of rooming houses in neighborhoods. The results of
the study will be used to amend or enact new legislation for
rooming house licenses. Information on current rooming
houses licenses, their locations, along with inspection
reports and crime data will aid in conducting the study.
RECEIVED AND FILED
NO. 7
R & J SERVICE 1840 WILLIAM ST.
ENCROACHMENT
ITEM NO. 9, C.C.P. 12/28/98
The City Planning Board at its regular meeting held
Tuesday, February 16, 1999, considered the matter
captioned above pursuant to Section 317.1 of the Buffalo
Code, Referable matters to the City Planning Board.
The applicant seeks to construct a 15'x5'x8' storage addition
which will encroach the right-of-way by 51. The proposed
addition is located at 1840 William St. and part of an auto
repair facility.
The Planning Board voted to approve the proposed storage
addition encroachment with the condition that the
Department Public Works review the proposal for adequate
remaining sidewalk and utility concerns.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 8
ASSIGNMENT AND ASSUMPTION OF ABANDONMENT
AND SALE OF 67 VINCENNES
ITEM NO. 96, C.C.P. 12/10/96
ITEM NO. 163, C.C.P. 12/23197
ITEM NO. 13 C.C.P. 10/6/98
Pursuant to hem No. 13, C.C.P. 10/6/98 Your Honorable
Page 5
99-0223.txt
Body approved the abandonment and sale of 67 Vincennes
to the Old 19'Ward Community Association, Inc. in the
amount of Ten Thousand One Hundred Dollars
($10,100.00). The Old lt Ward Indicated that they intend to
build a senior citizen building with I 6 units for low-income
families.
I am attaching a copy of an Assignment and Assumption
Agreement between the Old Is, Ward Community
Association, Inc. (Assignor) and the Buffalo River
Apartments, L.P. (Assignee) in reference to the
abandonment and sale of 67 Vincennes. This agreement
states that the Old 11" Ward Community Association agrees
to assign all of Rs right, title and interest In and to the
Purchase Offer to the Assignee and the Assignee has
agreed to assume all obligations of the Assignor as
purchaser under the Purchase Offer Agreement.
This office has contacted the Corporation Counsel's Office
and they have advised us that the City may consent to this
Assignment as long as we have no problem with the
Assignee and provided Your Honorable Body approves this
Assignment. The Division of Real Estate has contacted the
City's Collection's Office and they have informed us that
Buffalo River Apartments has no outstanding charges on
property located within the City of Buffalo.
I am, therefore, requesting Your Honorable Body to consent
to the Assignment and Assumption Agreement between the
Old Ist Ward Community ssociation and the Buffalo River
Apartments. I am Further recommending that the
Corporation Counsel prepare the necessary documents for
this Assignment and transfer of title of 67 Vincennes to the
Buffalo River Apartments in the amount of Ten Thousand
One Hundred Dollars ($10,100.00) and that the Mayor be
authorized to, execute the same.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
February 22, 1999, be received and filed; and
That the Comptroller be, and he hereby is authorized to
enter into the Assignment and Assumption Agreement
between the Old Ist Ward Community Association and the
Buffalo River Apartments and the Corporation Counsel
prepare the necessary documents for this Assignment and
transfer of title of 67 Vincennes to the Buffalo River
Apartments in the amount of Ten Thousand and One
Hundred Dollars ($ 10,I00.00) and that the Mayor be
authorized to execute the same.
PASSED
AYES - 12 NOES - 0
NO. 9
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
DEPARTMENT OF PUBLIC WORKS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $47,625 be
transferred and reappropriated from the Department of Fire,
as set forth below:
From:
100 - General Fund
21-0 Department of Fire
085 - Capital Outlays
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982 - Operating Equipment $47,625
To:
100 - General Fund
402 - Division of Buildings
085 - Capital Outlays
910 - Building Construction & Improvements (Room 209)
$47,625
Dated:Buffalo, NY, February 12, 1999
RECEIVED AND FILED
NO. 10
.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 $100,000 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
001 - Planning for Capital Projects $100,000
To:
200 Capital Project Fund
401 - Division of Engineering
005 - Delavan Armory Demolition $100,000
(environmental remediation & demolition design)
RECEIVED AND FILED
NO. 11
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
GENERAL CITY REVENUES - REIMBURSEMENTS BULK
GAS PURCHASES GENERAL CITY CHARGES - GAS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $153,963.08 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments in General City
Charges - Gas (100-812- 000-00-223), to meet a
contingency which could not have been reasonably foreseen
when the budget was adopted. The amount of increased
appropriation will be met from an increase of $153,963.08 in
the General City Revenue account 100-810-402-90050 -
Reimbursement - Bulk Gas Purchases not otherwise
appropriated for any other purpose. The details of the
requirements are set forth below:
TO
100 General Fund
812 - Miscellaneous Charges
223 - Gas $153,963.08
RECEIVED AND FILED
NO. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
GENERAL CITY CHARGES
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
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Charter, that it is necessary that the sum of $30,000 be
transferred and reappropriated within General City Charges,
as set forth below:
From:
100 General Fund
81 - General City Charges
3 - Fringe Benefits
151 - NYS Police & Fire Retirement System $30,000
To:
100 General Fund
81 - General City Charges
1-Grants In Aid - Human Services
298 - Northwest Buffalo Community Center $30,000
RECEIVED AND FILED
NO. 13
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 8,1999
in the Department of Audit & Control Division of Data
Processing to the position of Computer Programmer
temporary promotion at the fifth step salary of: $39004.00
Michael r. Szukala, 38 Tioga St, Buffalo, New York 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 14
CERTIFICATE OF APPOINTMENT
Appointment Effective February 11, 1999 in the
Department of Audit & Control, Division of Accounting to the
position of Senior Data Processing Equipment Operator
Provisional Appointment at the intermediate starting salary
of: $ 28,522
Janet Sanfilippo 215 saranac Avenue Buffalo NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
NO. 15
APPOINTMENT TO KENSINGTON HEIGHTS
:REDEVELOPMENT TASK FORCE
Recently, I appointed a Kensington Heights
Redevelopment Task Force which is charged with the
responsibility to develop a plan to revitalize the Kensington
Heights Housing Development.
At the request of Councilmember Byron Brown, the Chair of
this Task Force, I am appointing two (2) additional persons.
1) Florence Johnson 40 Pansy Place Buffalo, New York
14208
Ms. Johnson is a Member if the Board of Education
2) Jay Duderwick 335 Weimar Street Buffalo, New
York 14206
Mr. Duderwick is the Director of Neighborhoods in the
Department of Community Development.
Your cooperation is appreciated.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT
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NO. 16
LONGEVITY ENTITLEMENT DATE
FOR LINDA HARDY
WHEREAS Linda Hardy transferred to this department
with prior full-time Council employment performed in a
satisfactorily manner, and
WHEREAS the Council employed her until December 31,
1996, the Department of Assessment and employee had
made every effort to complete this transfer in November
1996. Several unpredictable delays occurred delaying the
appointment until January 10, 1996, and
WHEREAS the additional requirement by the Civil Service
Commission for this employee to complete skills testing
before the appointment could proceed, further delayed this
transfer, and
WHEREAS the employee was always available on an
immediate basis to expedite the transfer and start working in
the Department of Assessment, and
WHEREAS the break in service from Council to
Assessments was no more than six business days and her
employment period in Council would have automatically
been credited towards her longevity otherwise,
I RESPECTFULLY REQUEST the Council grant time
towards longevity for Linda Hardy to include the previous
time she served in Council. This time was from March 15,
1994 to December 31, 1996.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE CORPORATION COUNSEL AND THE DIVISION OF
LABOR RELATIONS
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 17
NOTIFICATION SERIAL # 9121
INSTALL HANDICAPPED PARKING
HUMBOLDT PARKWAY (WEST DRIVE), WEST SIDE
BETWEEN A POINT 80' NORTH OF EAST FERRY
STREET AND A POINT 20' NORTH THEREFROM.
HANDICAPPED PARKING - 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 26 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: HANDICAPPED PARKING
HANDICAPPED PARKING LOCATION PERIOD OF
HANDICAPPED PARKING
Humboldt Parkway (west drive), west side At all times.
between a point 80' north of East Ferry Street and a point 20'
north therefrom.
This action is being taken at the request of the district
councilmember and the Jusendo Program at the Masten
C.A.0.
NOTIFICATION SERIAL #9122
INSTALL STOP SIGN IN CHAPIN PARKWAY AT
SOLDIERS CIRCLE
STOP SIGNS - INSTALL
In conformity with Section 49 of Chapter 479 of the
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99-0223.txt
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 art item business.
That that part of Subdivision 9 Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Chapin Parkway Soldiers Circle
This action is being taken in order to provide for the safe
entrance of traffic from Chapin Parkway into Soldiers Circle.
NOTIFICATION SERIAL #9123
INSTALL STOP SIGN IN BIDWELL PARKWAY AT
SOLDIERS CIRCLE
STOP SIGNS - 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
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 art item business.
That that part of Subdivision 9 Section I I of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Bidwell Parkway Soldiers Circle
This action is being taken in order to provide for the safe
entrance of traffic from Bidwell Parkway into Soldiers Circle.
REFERRED TO THECOMMITTEEON LEGISLATION
NO. 18
622 MAIN STREET
AWNINGS WITHIN CITY
RIGHT OF WAY
Mr. Del Brett, owner of Gallery 101, a restaurant and bar
located at 622 Main Street, has requested permission to
instal I two awnings which would encroach City right of way
at said address.
The proposed awnings would measure 7 feet in height,
approximately 16 feet in length and project approximately 9
feet from the building face into City right of way.
The Department of Public Works has reviewed Mr. Brett's
application pursuant to Chapter 413-56 (Awnings, Canopies
and Marquees) of the City Ordinances and has no objection
to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. . That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2. That the awnings be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3 . That the applicant supply the City of Buffalo with a five
thousand dollar construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of
the construction, maintenance, use and removal of said
awnings.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
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NO. 19
REPORT OF BIDS
RECONSTRUCTION
TIMOTHY J. BURVID ICE RINK
I advertised for on January 19, 1999 and received the
following sealed formal proposals for the Reconstruction of
the Timothy J. Burvid Ice Rink, which were publicly opened
and read on February 16, 1999.
Base Bid Alternate #1
Mollenberg Betz $549,500 $ 95,000
Joseph Davis $583,000 $ 83,000
John W. Danforth $636,000 $113,000
Alternate #1 is to install new dasher boards.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Mollenberg Betz, with
a Base Bid of $549,500, add Alternate #1 for $95,000, for a
total amount of Six Hundred Forty Four Thousand, Five
Hundred and 00/1 00 ($644,500.00), 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 203-402-012.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 16, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Reconstruction of the
Timothy J. Burvid Ice Rink, to Mollenberg Betz, the lowest
responsible bidder, with a Base Bid of $549,500, add
Alternate #1 for $95,000, for a total amount of $644,500.00.
Funds for the project are available in CH 203-402-012.
PASSED
AYES - 12 NOES - 0
NO. 20
REPORT OF BIDS
TIMOTHY J. BURVID ICE RINK
ELECTRICAL FOR NEW COMPRESSORS;
I asked for and received the following sealed informal
proposals for the Timothy J. Burvid Ice Rink, Electrical for
New Compressors, which were publicly opened and read on
February 8, 1999.
Goodwin Electric $10,300.00
Weydman Electric $12,257.00
Metro Electrical Con$12,728.00
Tunney Electric $16,641.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Goodwin Electric, in
the amount of Ten Thousand Three Hundred and 00/1 00
($10,300.00), 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 203-402-012.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
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Public Works dated February 16, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Timothy J. Burvid Ice
Rink, Electrical for New Compressors, to Goodwin Electric,
the lowest responsible bidder, in the amount of $10,300.00.
Funds for the project are available in CH 203-402-012.
PASSED
AYES - 12 NOES - 0
NO. 21
REPORT OF BIDS
ELEVATOR MODERNIZATION PROJECT
NORTHWEST BUFFALO COMMUNITY
HEALTHCARE CENTER
I advertised for on January 26, 1999 and received the
following sealed formal proposals for the Elevator
Modernization Project, Northwest Buffalo Community
Healthcare Center, which were publicly opened and read on
February 16, 1999.
Kirst Construction Inc. $120,510.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Kirst Construction
Inc., in the amount of One Hundred Twenty Thousand Five
Hundred Ten and 00/1 00 ($120,51 0.00), is the lowest
responsible bidder ill 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 203-402-028.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 16, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Elevator
Modernization Project, Northwest Buffalo Community
Healthcare Center, to Kirst Construction Inc., the lowest
responsible bidder, in -the amount of$120,510.00.
FundsfortheprojectareavailableinCPF203-402-028.
PASSED
AYES - 12 NOES - 0
NO. 22
CHANGE IN CONTRACT-
BUFFALO & ERIE COUNTY HISTORICAL SOCIETY
HEATING SYSTEM RECONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Buffalo & Erie County Historical Society,
Heating System Reconstruction, Colgate Industries, C
#91987800.
1. Install dry sump basin; piping from boiler room basin to
Add 3,580.00 1st floor drain; Y2HP sump
pump w/float control; inlet filter and basin screen; wiring
and all appurtenances necessary.
2. Credit for partial drain cleaning. Deduct 450.00
The foregoing change results in a net increase in the
contract of Three Thousand One Hundred Thirty and 00/100
Dollars ($3,130.00).
Summary:
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99-0223.txt
Original Amount of Contract 75,934.00
Amount of This Change Order (No.1) 3,130.00
Revised Amount of Contract 79,064.00
These changes could not be foreseen at the time contract
was let. Costs [lave been reviewed by the Department of
Public Works and found to be fair and equitable. Funds for
this work are available in 200-402-537 - 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 January 25, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Colgate
Industries, an increase in the amount of $3,130.00, as more:
fully described in the above communication, for work relating
to Buffalo & Erie County Historical Society, Heating System
Reconstruction, C#91987800. Funds for this project are
available in 200-402-537 - Division of Buildings.
PASSED
AYES - 12 NOES - 0
NO. 23
CHANGE IN CONTRACT
CHANGE ORDER NO. 2
RECONSTRUCTION OF CURBS & SIDEWALKS -
1998
GROUP #474 C. DESTRO DEVELOPMENT, INC.
CONTRACT NO. 91959201
ITEM NO. 134, 3/17/98
ITEM NO. 29, 10/20/98
I hereby submit to our Honorable Body the following unit
price additions to the contract for the above named Project.
This change order was necessary to enable our department
to make improvements to the hazardous conditions at the
locations listed below - including concrete & granite curbing,
concrete sidewalk, pavement base and landscaping.
Change Order No. 2
See attached bids
Funds for this change order of $40,073.93 are available in
Division of Engineering Bond Fund Accounts #202-40 1 002
and #200-401-564.
I respectfully certify that this change order is fair and
equitable for the work involved, and respectfully request that
your Honorable Body approve the subject Change order and
authorize the Commissioner of Public Works to issue said
change order to C. Destro Development, Inc.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated
February 10, 1999, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 2, to C. Destro
Development, Inc., an increase in the amount of $40,073.93,
as more fully described in the above communication, for
work relating to Reconstruction of'Curbs & Sidewalks - 1998,
Group #474, C#9195920 1. Funds for this project are
available in Division of Engineering Bond Fund Accounts
Page 13
99-0223.txt
#202-401-002 and #200-401-564.
PASSED
AYES - 12 NOES - 0
NO. 24
CHANGE IN CONTRACT PETROLEUM BULK STORAGE
COMPLIANCE UPGRADE - PHASE I PARKS GARAGE,
FIRE DEPARTMENT FACILITIES
I hereby submit to Your Honorable Body the following
changes for the Petroleum Bulk Storage Compliance
Upgrade, Phase 1, Parks Garage, Fire Department
Facilities, Kimmins Construction Corp., C #91994100.
1. Installation of Veeder-Root Tank gauging equipment for
integration with the existing product inventory system
including island curb and parking pad replacement at the
Delaware Park Labor Center. Add $ 20,500.00
The foregoing change results in a net increase in the
contract of Twenty Thousand Five Hundred and 00/100
Dollars ($20,500.00).
Summary: Original Amount of Contract $ 51,100.00
Amount of This Change Order (No. 1) $ 20,500.00 Revised
Amount of Contract $ 71,600.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Engineers (R & D Engineering, P.C.) and the Department of
Public Works and found to be fair and equitable. Funds for
this work are available in CPF 203-402-014 - 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 25
CHAPTER 409 - STATUES AND MONUMENTS
RESOLUTION #100, C.C.P. 1/26/99
This proposed legislation's was referred to this department
for comment.
We agree with the intent of this legislation, however we
would like to have the ordinance changed to state that the
appropriate art be selected by the Art in Public Places
Committee, but that the art be placed subject to the
conditions established by the Commissioner of Public
Works.
With the understanding that this proposed ordinance will
increase the cost of capital projects, I do not have any other
comments and can support the ordinance with the exception
noted above.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 26
CHAPTER 6 - BOARDS, COMMITTEES, AGENCIES &
COMMISSION
RESOLUTION #103, JANUARY 26, 1999
The referenced resolution dealing with the Buffalo Pest
Management Board was referred to the Commissioner of
Parks and the Commissioner of Public Works for comment.
In developing this response I have consulted with the Parks
Commissioner and the Director of Stadium and Auditorium.
We strongly object to the passage of this ordinance. The
banning of the proper and lawful use of restricted pesticides
Page 14
99-0223.txt
will, among other things, cause the elimination of the rose
gardens at Delaware Park and the Erie Basin Marina. The
conditions of the greens and fairways at the City's golf
courses, particularly the Cazenovia Park course will be
seriously affected. The field at North America Park will not
be able to be maintained to the requirements required by the
appropriate baseball league. Additionally the banding of City
trees to attack various pests would be barred. We also
understand that this ban would also have a serious effect on
the Buffalo Zoo, the McKinley High School horticultural
program, and possibly the South Park Botanical Garden.
We also object to the fact that powers granted to various
Commissioner's under the Charter will be given to the Pest
Management Board.
The current use of pesticides by the City is limited to
employees who are certified by the New York State
Department of Environmental Conservation. Each such
employee is fully trained in Integrated Pest Management and
uses restricted pesticides on an extremely limited basis and
within the rules and guidelines established by NYSDEC and
the U.S. Environmental Protection Agency.
The proposed legislation would require the prior approval
of the Pest Management Board. This adds an unnecessary
beauracratic review of a process that is already heavily
regulated. The appropriate Commissioner should be
allowed to perform their duties as prescribed in the City
Charter, subject to already existing laws of the State and
Federal governments, without unnecessary interference of a
City Board.
Instead of adding an additional regulation to an already
heavily regulated activity, The Pest Management Board
would be better off educating the general public on
alternatives to pesticides, which are too easily obtainable.
The total elimination of the use of pesticides by the City
would require costly alternatives, which would not give the
same results as. In addition, the administration of this
ordinance would prove costly. We feel that these additional
expenses would be better directed at developing additional
educational programs for our employees and the public.
REFERRED TO THECOMMITTEE ON LEGISLATION
NO. 27
PERMISSION TO ENGAGE SERVICES CONSULTING
ENGINEER
EMERGENCY INTERCONNECTION PHASE I
The Division of Water requests permission from your
Honorable Body to hire an Engineering Consultant for the
Design and Construction Inspection of the first phase of
Emergency Interconnections - University District.
The preliminary construction cost estimate for this project
is $125,000. Funds are available in the Division of Water's
Capital Projects Account.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 12, 1999 be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to hire an Engineering Consultant for the
Design and Construction Inspection of the first phase of
Emergency Interconnections - University District. Funds for
this project are available in the Division of Water's Capital
Projects Account.
Page 15
99-0223.txt
Passed.
AYES-12, NOES-0
NO. 28
PERMISSION TO ENTER INTO AGREEMENTS AND HIRE
CONSULTANT
BUFFALO INTERMODAL TRANSIT STATION PIN
NUMBERS 5T1242 AND 5T1243
The recently approved Federal Highway Bill,
Transportation Equity Act for the 21st Century (TEA 21),
included funding in the amount of $6.125 Million Dollars for
an Intermodal Transit Station in downtown Buffalo. This
project will be administered by the Department of Public
Works in conjunction with BERC, NFTA and the Greater
Buffalo-Niagara Regional Transportation Council (GBNRTC).
Permission is requested from your Honorable Body for the
following:
1. Hire engineering consultant for design, construction,
administration and inspection of this project.
2. Enter into necessary agreements and MOU's with NFTA
and AMTRAK to facilitate this project.
3. Accept additional funds from NFTA for design and
construction.
Total cost estimate for this project is $8 Million Dollars and
engineering costs are not expected to exceed $1.5 Million
Dollars.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 29
PERMISSION TO REIMBURSE STATE OF NEW YORK
ADDITIONAL FUNDS BAILEY AVENUE - DINGENS TO
WILLIAM STREET
I hereby request permission from your Honorable Body to
reimburse the State of New York, Department of
Transportation, $92,155.01 for additional work required to
complete the project. These costs were incurred because
contaminated soil and abandoned bridge foundations that
were not known prior to construction had to be removed for
pipe installation.
The Division of Water has investigated this request and
agree that additional funds are required due to unforeseen
interference with watermains installation.
Funds for this additional work are available in the Division
of Water's 416-983-501 Capital Projects Account.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 16, 1999 be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to reimburse the State of New York,
Department of Transportation in the amount of $92,155.01
for additional work required to complete Bailey Avenue -
Dingens to William Street. Funds for this project are
available in the Division of Water's 416-983-501 Capital
Projects Account.
Passed.
AYES-12, NOES-0
NO. 30
REDUCTION IN RETENTION CITY CONTRACT NO.
91944800 SENECA STREET WATERLINE
REPLACEMENT MPJ CONSTRUCTION
Page 16
99-0223.txt
The contract for waterline replacement in Seneca Street
from Bailey Avenue to the City Line between MPJ
Construction and the City of Buffalo is 99% complete. The
remaining work consists of minor surface restoration which
cannot be completed until the Spring of 1999.
It is hereby respectfully requested that your Honorable
Body authorize the reduction of retention in this contract to
$15,000, which is estimated to be twice the value of the
outstanding work.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
DIVISION OF WATER
FROM THE COMMISSIONER OF POLICE
NO. 31
CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00109086 C2-98-0107 $ 17,793.60
8155-00109074 C2-97-0005 10,376.96
TOTAL DEPOSIT $28,170.56
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
FROM THE COMMISSIONER OF FIRE
NO. 32
CERTIFICATE OF APPOINTMENT
Appoinment Effective February 8, 1999 in the Department
of Fire Division of Fire to the Position of Battalion Chief,
Permanent/Contingent, Promotion, at the Flat Rate of 61,082
John Mogavero, 134 Linden, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 33
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: February 8, 1999, IN THE
DEPARTMENT OF: Fire, DIVISION OF Fire, TO THE
POSITION OF Battalion Chief Permanent, appointment, at
the flat Starting salary of : $61,082
Ronald Looby, 3530 S. Transit, Orchard Park, 14127
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 34
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 8, 1999 IN THE
DEPARTMENT OF Fire DIVISION OF Fire TO THE
POSITION OF Captain, permanent, promotion, at the flat
Starting salary of $56,020,
William Renaldo, 86 Norwalk, Buffalo, 14216
Thomas Coyne, 19 Highview Terrace, Buffalo, 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 35
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 8, 1999, IN THE
DEPARTMENT OF Fire DIVISION OF Fire TO THE
Page 17
99-0223.txt
POSITION OF Fire Lieutenant, permanent, promotion at the
flat Starting salary of $53,314
Patrick McCarthy, 6978 Scherff Road, Orchard Park, 14127
Cephus Vaughn, 126 Mona Drive, Amherst, 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 36
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 12, 1999 IN THE
DEPARTMENT OF Fire DIVISION OF TO THE POSITION
OF Fire Communication Communication Electrician,
permanent appointment - title change only at the maximum
Starting salary of: $31,589
Robert F. Breier, 32 Hubbell Avenue, Buffalo, 14220
NO. 37
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 12, 1999 IN THE
DEPARTMENT OF Fire DIVISION OF TO THE POSITION
OF Fire Communication Communication Electrician,
permanent appointment - title change only at the maximum
Starting salary of: $31,589
Ronald Garrett, 56 Kamper Street, Buffalo, 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 38
REVIEW OF NOMINEE OF MEMBER TO THE BUFFALO
MUNICIPAL HOUSING AUTHORITY
C.C.P., 2/9/99, NO. 1
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
February 18, 1999) that the following nominee of Member to
the Buffalo Municipal Housing Authority has no outstanding
debts to the City:
Charles J. Flynn
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 39
REPORT OF BIDS FOOD SERVICE EQUIPMENT AT THE
NEW COMMUNITY RECREATIONAL AND DAY CARE
FACILITY, OLD SCHOOL NO. 62
As authorized by Your Honorable Body Item No. 41,
C.C.P. 01/21/97, I asked for and received the following bids
for Food Service Equipment at the New Community
Recreational and Day Care Facility at Old School No. 62,
which were opened and publicly read on February 17, 1999:
Contractor Base Bid
Buffalo Hotel Supply Co., Inc. $67,717 375
375 Commerce Drive
Amherst, New York 14228
The Architect's Estimate for this equipment was $70,000.
Page 18
99-0223.txt
I hereby certify that the foregoing is a true and correct
statement of all bids received, and that Buffalo Hotel Supply
Company, Inc., is the lowest responsible and only bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work
by Buffalo Hotel Supply Company, Inc., 375 Commerce
Drive, Amherst, New York, 14228, in the amount of their low
and only bid of $67,717. Funds for this work will be available
in C.P.A. 203-717-502, in the Division of Development.
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 award a contract for Food
Service Equipment at the New Community Recreational and
Day Care Center Facility at Old School No. 62, to Buffalo
Hotel Supply Company, Inc., the lowest responsible bidder,
in the amount of $67,717. Funds for the project are
available in C.P.A. 203-717-502 - Division of Development.
Passed,
AYES-12, NOES-0
NO. 40
D. LIAROS 224 HUMBOLDT PKWY.
REZONE FROM R2 TO C1
ITEM NO. 108, C.C.P. 2/8/99
The Department of Community Development has reviewed
the matter captioned above. The Department can not
support a request for rezoning of 224 Humboldt Pkwy., 45,
55, and 59 Kensington Ave. from R2 to C1 at this time. The
idea of a gas station, at that busy intersection, would cause
additional traffic problem for residents of the surrounding
neighborhood. The Department recommends that the
Common Council deny this rezoning request.
RECEIVED AND FILED
NO. 41
EXCHANGE 419 AND 421 BEST STREET
EARL PLACE NEW HOUSING
In accordance with Article 27, Section 516 of the City
Charter, the Department of Community Development is
requesting the City of Buffalo to exchange the vacant land
419 and 421 Best Street, former Engine House #21 for four
privately parcels of land on Earl Street, described as follows:
Assessed
Address Owner Lot Size Valuation
419 Best City of Buffalo 25' x 180' $1,500
421 Best City of Buffalo 50' x 194' 7,300
Total Assessed Valuation City 8,800
57 EarlCommunity Housing 42' x 113' 2,700
Initiative, Inc.
61 Earl Community Housing 30' x 142' 1,600
Initiative, Inc.
101 Earl BNRC 34' x 142' 1,900
109 Earl BNRC 46' x 142' 2,500
Total Assessed Valuation Private 8,700
The exchange involves title of the City parcels to be
transferred to Buffalo Neighborhood Revitalization
Page 19
99-0223.txt
Corporation. Title of the four privately owned parcels to be
transferred to the City of Buffalo. The properties to be
acquired by the City will be used for the development of new
housing in the Earl Place Housing Initiative area.
I am requesting Your Honorable Body to approve this
request, that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 18, 1999, be
received and filed; and
That the City exchange 419 & 421 Best Street, for 57, 61,
101 & 109 Earl Place and transfer title to the Buffalo
Neighborhood Revitalization Corporation and that the
Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to
execute the same.
Passed
AYES-12, NOES-0
NO. 42
REQUEST FOR TRANSFER OF REAL PROPERTY EARL
PLACE NEW HOUSING PROGRAM BUFFALO
NEIGHBORHOOD REVITALIZATION CORPORATION
The City of Buffalo Department of Community
Development has duly designated the Buffalo Neighborhood
Revitalization Corporation as the qualified and eligible
Redeveloper for the construction of up to eight (8) quality
affordable new single family housing units located on the
east side of Earl Place at the intersection of Best Street
located within the Ellicott Council District.
This project shall be implemented as a partnership
between New Mt. Ararat Temple of Prayer and Buffalo
Neighborhood Revitalization Corporation, providing much
needed new housing opportunity along Earl Place in
conjunction with New Mt. Ararat Temple of Prayer current
redevelopment efforts associated with the former Hoffman
Printing property located between Jefferson Avenue and Earl
Place.
It is intended that the real property currently owned by the
City of Buffalo shall be combined with the real property
owned by Buffalo Neighborhood Revitalization Corporation
as well as real property currently owned by New Mt. Ararat
Temple of Prayer for assemblage (see attached Schedule
"A") into eight (8) buildable lots as shown on the attached
"Lot Configuration Layout" as drawn by Nussbaumer &
Clarke, Inc., Engineers and Surveyors dated February 16,
1999, attached hereto and made a part hereof
Please note that a companion item has been submitted to
this honorable body this date requesting the exchange of
City owned area property for the private sector property to
facilitate the development of the new housing as well as the
proposed parking area at the comer of Best Street and Earl
Place.
I have taken the liberty of preparing and attaching the
appropriate Resolution for your approval and action in this
matter.
Earl Place New Housing Program
Request for transfer of real property
Buffalo Neighborhood Revitalization Corporation
Mrs. Lotempio moved that
Page 20
99-0223.txt
WHEREAS, the City of Buffalo Department of community
Development has duly designated Buffalo Neighborhood
Revitalization Corporation as the qualified and eligible
Redeveloper in accordance with all applicable rules,
regulations and/or procedures; and
WHEREAS, it has been determined to be in the best
interest of the City of Buffalo to assist Buffalo Neighborhood
Revitalization Corporation and its development partner the
New Mt. Ararat Temple of Prayer with the proposed
redevelopment efforts for affordable new housing
opportunities located on Earl Place.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City of Buffalo Shall transfer and convey the
property and Buffalo Neighborhood Revitalization
Corporation shall hold title to the property to be conveyed to
qualified new home owners in association with the New Mt.
Ararat Temple of Prayer.
2. That the Mayor of the City of Buffalo is hereby
authorized and directed to execute any and all deeds and/or
other documents and/or affidavits deemed necessary and
appropriate to convey title to the as set forth and identified in
the attached Schedule "A"; in accordance with all terms,
covenants and conditions hereof .
PASSED
AYES-12, NOES-0
NO. 43
67 VINCENNES
HOME FUNDS- $200,000
On February 9th, 1999 the Common Council approved
CCP #49, HOME funds for Buffalo River Apartments. The
total amount of these funds was $200,000.
The approved item stated these monies would be lent at
1% interest only, (fifty) 50 year terms. This was due to a
typographical error that was not corrected prior to the filing of
the item. These monies were negotiated at 1% interest only
for thirty (30) years (see attached letter).
The H.O.M.E. funds will be lent at the negotiated thirty (30)
year terms, which is consistent with previous projects of this
type.
I apologize for any confusion this typographical error has
caused.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 17, 1999, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to correct his records to release
the amount of $200,000 of HOME Funds to Buffalo River
Apartments at 1% interest for thirty (30) years instead of 1%
for a (fifty) 50 year term.
Passed
AYES-12, NOES-0
NO. 44
POTENTIAL SAFETY HAZARD MISCELLANEOUS CITY
BUILDINGS
C,C,P, # 46. JANUARY 12, 1999
In response to the above stated Common Council
communication I would like to supply your Honorable Body
wit the following information. The recall of the "Omega"
Page 21
99-0223.txt
sprinkler system manufactured with the defective " 0" type
ring fall under the enforcement duties of the Department of
Fire, Division of Fire Prevention. The Division of Fire
Prevention has the responsibility for approval and inspection
of all sprinkler systems installed in buildings through out the
City of Buffalo. The Department of Community
Development, Division of Inspections, Licenses and Permits
works in cooperation with the Department of Fire, Division of
Fire Prevention to assure safe occupancy of all buildings in
the City of Buffalo. Buildings owned and operated by the
City of Buffalo are under the Jurisdiction of the Department
of Public Works, Division of Buildings. It is my sincere hope
that this response satisfies your inquiry.
RECEIVED AND FILED
FROM THE COMMISSIONER OF STREET SANITATION
NO. 45
PAY AS YOU THROW (PAYT) REFUSE COLLECTION
SYSTEM
With respect to the Council Reference above, the pilot
program we have been conducting was referred to as a
PAYT system. To clarify this, we have been conducting a
pilot collection program to test the efficiency of the
equipment used in a semi-automated collection system. To
date our Department feels that the program has been
successful for the following reasons:
1. Improved cleanliness of the neighborhood streets where
the totes have been used.
2. A significant reduction in the rodent problems previously
experienced in these areas.
3. Reduced injuries (back strains, cuts, punctures, etc.)
In order to conduct a true PAYT program, we would need to
have the following in place:
1. Full implementation of the totes - Before a variable rate
could be charged under a PAYT system, every resident in
the City would have to have a tote. This is based on the
legality for changing the rate structure for the Enterprise
Fund. The Law Department has said you cannot charge
different rates for the same service under the Enterprise
Fund.
2. A resolution approving limits on the amount of refuse
that could be set out for collection - If a PAYT system is to
be implemeted, there would have to be strict enforcement of
the amount of material that could be placed out for
collection. Only the tote could be placed out for collection.
NO additional bags of refuse could be placed out next to the
tote.
These steps would need to be taken in order to implement
the program. There are other things that would obviously
need to take place in terms of personnel and equipment, but
these would be minimum requirements for the program to do
what we have envisioned it to do.
The user fee will not be eliminated through a program of
this type. However, it will allow individuals to control the
price that they pay for refuse collection.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
Page 22
99-0223.txt
NO. 46
BUFFALO UTILITY FRANCHISE AGREEMENTS
ITEM #166, C.C.P. FEB 9, 1999
The Department of Administration and Finance has
reviewed the resolution submitted by Councilmember
Coppola and has come to the following conclusions.
In reference to the first Whereas, please be advised that
the City of Buffalo receives payments of utility tax under New
York State Corporation Tax Law Art. 9 para 186-a, not under
a franchise agreements with the utilities.
The City of Buffalo receives revenue for both Class I & II
Utilities as defined by the above referenced NYS Law. This
revenue represents a 3% tax on the gross receipts of utilities
doing business in the State of New York which are subject to
the supervision of the Public Service Commission.
In reference to Class I Utility Tax, payments are received
on a quarterly basis by the three major utilities. Generally
speaking, gas and electric comes in September, December,
March and June. Telephone comes in October, January,
April and July which is accrued back to June so it will be in
the correct fiscal year.
The Department of Administration and Finance only
receives information on these revenues as reported to the
Division of Accounting in dollars on a monthly basis. Trend
analysis is only based on dollars per month not on usage or
income of the given utility provider.
Generally speaking, the decline in this revenue could be
attributed to a combination of many factors; three of which
many be milder weather, increases in energy conservation
measures, and a decline in population. to name a few.
This information should satisfy your requirements.
REFEERED TO THE SPECIAL COMMTEE ON
MUNICIIPLIZATION
NO. 47
GENERAL FUND GAP SHEET - SECOND QUARTER
1998-99
Under this cover please find the City's General Fund Cap
sheet for the second quarter of FY 1998-99. The gap sheet
projects a negative fund balance of $6.198 million for the
1998-99 fiscal year. It should be noted that this estimate is
based upon information currently available to the budget
office. Below is a Summary of significant variances from the
1998-99 budget.
Revenues are Currently projecting $3.1 million below
budget. Property taxes and interest and penalties are down
because of all inaccurate STAR estimate, new exemption
applications and shortfalls due to accelerated In-Rem
payments that hit the previous fiscal year. Other major
revenue shortfalls are Sales tax (down $1.6 million) and
utility taxes (down $500 thousand).
It should be noted that these revenue estimates do not
Include any FEMA funding that may be provided to the city
due to the January snow. We are Currently assembling the
information required to finalize our FEMA application and
hope to have a number for inclusion in the third quarter gap.
As is noted below, some of our increased expense was due
to the January snowstorm.
Expenditures are projected to exceed budget by $3.153
million. Salaries are Lip from the first quarter due to raises
for Fire and the inclusion of a new fire class in the estimates
Page 23
99-0223.txt
and the addition of new personnel in Streets to name just a
few specific causes. Overtime spending is up as well as a
result of the January snow. Materials and Supplies spending
increased too because of the Snow, salt expenditures for
example. Spending for uniforms for the new Police and Fire
classes is up as well. Purchase of services spending is
projected to exceed budget by nearly $800 thousand due to
expenses associated with repairing, the Cotter (+$ 150,000),
increased postage costs (+$143,000), unanticipated rent at
the auto pound (+$67,000) outside legal services and the
searches (+$125,000), Fire medical (+$55,000) and Police
and Fire medial preparation (+$82,000). Two Miscellaneous
Charges accounts are showing significant increases: The
Tax Adjustment Fund is projected to exceed budget by $400
thousand due to Current year assessment challenges and
the Certiorari Proceedings account Is projected to exceed
budget by $600,000.
I hope this document informs the Council on the City's
current fiscal condition. If there are any questions, I am
always available to meet with your honorable body.
REFERRED TO THE COMMME ON BUDGET
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment Effective 2/10/99 In the Department of
Administration & Finance, Division of Treasury to the
Position of Chief Teller, Permanent, Appointment at the:
Maximum Starting Salary of $31,526.00
Charlene Bucino 217 Shoshone Apt. 4 Buffalo NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 49
PERMISSION TO ENTER INTO A CONTRACT BETWEEN
DIVISION FOR YOUTH AND NYS OFFICE OF CHILDREN
& FAMILY SERVICES TO RUN A PILOT PROGRAM TITLE
"MINORITY CAREERS IN POLICING ".
PROPOSAL SUMMARY: The New York Office of Children
and Family Services, formerly the New York State Division
for Youth, has developed an education - work study program
to address the issue of minority under representation on
police forces (at all levels of government). To that end, a
program has been offered, accepted and is now running with
the Buffalo Division for Youth acting in the capacity of the
lead coordinating agency. Beginning February of 1999, the
program is to run every Tuesday for fourteen weeks for three
hours per week in City Hall. Participating organizations are:
New York State Office of Children and Family Services, the
Division for Youth, the Buffalo Public Schools, and the
Buffalo, Erie County, New York State and the Federal
Bureau of Investigation police agencies. The program has
been very well received and a large pool of very qualified
applicants were forwarded for consideration. Twenty
candidates were selected for this pilot program to be
exposed to an intensive orientation covering significant
aspects of careers in law enforcement. Furthermore, the
program is being enthusiastically encouraged by all
participating agencies and their future cooperation, upon
Page 24
99-0223.txt
successful completion of the pilot stage, is very likely. The
program is fully paid for by the Office of Children and Family
Services through an advance of $5,000.00 which is being
applied for presently. We anticipate no City cash outlays.
REQUESTED ACTION: Please allow the Division for Youth
permission to enter into a contract with the New York State
Office of Children and Family Services to run the pilot
'Careers in Policing" program. Again, we will not be
spending any City funds on the project and will be advance
the entire amount of $5,000.00 needed to run the program.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Human Services, Parks and Recreation dated February 8,
1999, be received and filed; and
That the Executive Director of the Division of Youth be,
and he hereby is authorized to enter into a Contract with the
New York Office of Children and Family Services, to run a
pilot program "Careers in Policing." The Division of Youth will
be advanced the entire amount of $5,000.00 needed to run
the program.
Passed
AYES-12, NOES-0
NO. 50
BUFFALO PARK SIGNAGE SYSTEM
#42. C.C.P. FEBRUARV 9. 1999)
The Department of Human Services, Parks and
Recreation along with the Buffalo Olmsted Parks
Conservancy are in full support of the new signage
developed for our Parks System.
These bids represent Phase I of the City wide signage
program developed by The Department of Community
Development.
RECEIVED AND FILED
NO. 51
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 18, 1999 in the
Department of Human Services, Parks & Recreation Division
of Office of Compliance to the Position of Affirmative Action
Specialist, Temporary, Appointment at the Maximum,
Starting Salary of: $ 31,526
Modesto Candelario, 71 Shoshone Street, Buffalo, 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE ZONING BOARD OF APPEALS
NO. 52
REC. TEMP. VARIANCE FOR PROPOSED BILLBOARD
AT 1896 FILLMORE AVE.
ITEM #163 C.C.P. 02/03/99
In response to your request for comments regarding the
above referenced item, please be advised of the following:
A temporary "use" or "structure" variance may be
approved under Section 511-125 A.(8) of the zoning
ordinance. The Board may grant a temporary and revocable
permit for not more than a twelve month period. After which
the petitioner would have to re-apply or remove the billboard
sign.
RECEIVED AND FILED
Page 25
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FROM THE CITY CLERK
NO. 53
OFFICE OF TELECOMMUNICATIONS
PUBLIC ACCESS AGREEMENT
Filed in the City Clerks Office please find a copy of the
latest draft of a proposed public access agreement with
Squeaky Wheel (Buffalo Neighborhood Network) and a
proposed budget for March 1 - June 30, 1999, and a
proposed lease agreement between BNN and Langston
Hughes Institute.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 54
MAYOR REPORTED OUT OF STATE
I transmit herewith communications received by me from
the Mayor, reporting his absence from the state from
Thursday, February 11, 1999 from 10:30 a.m. until 11:00
p.m. on Friday, February 12, 1999.
RECEIVED AND FILED.
NO. 55
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
Community Development
Law Department
RECEIVED AND FILED.
NO. 56
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
468-474 Abbott Ed Doc. Sullivans, Inc. George Howell
RECEIVED AND FILED
NO. 57
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:
Public Works- Holly McNamara , Robert Boone , Paul
Kujawski.'
Police-Kate McKeating, Charles Loubert
RECEIVED AND FILED.
NO. 58
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
Page 26
99-0223.txt
NO. 59
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
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: January 29, 1 9999 in the
Department of Common Council Division of to the Position of
Intem V, Seasonal, Non-Competitive, at the Flat, Starting
Salary of: $ 8.00 per hr.
Daniel Kelemen, 44 St. Florian, Buffalo, 14207
Appointment Effective: February 9, 1999 in the
Department of Common Council Division of to the Position of
Intern V, Seasonal, Non-Competitive, at the Flat, Starting
Salary of: $ 8.00 per hr.
Jean Conlon, 38 Houston St, Buffalo, NY 14220
NO. 60
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 SERVICES PARKS AND
RECREATION
Appointment Effective: February 16, 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
Adalberto Diaz, 63 Hillery, Buffalo 14210
Appointment Effective: February 9,, 1999 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Supervisor Temporary
Appointment at the at, Starting Salary of: $ 5.60 p/h
Hector Alejandro, 257 Brinkman, Buffalo 14211
Appointment Effective: February 18, 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
Elizabeth Schreier, 20 Coolidge, Buffalo 14220
Franklin McClellan, 20 Hamlin Buffalo 14208
Appointment Effective: February 12, 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
Simone Wade 153 C Kenville, Buffalo 14215
Lawrence Toole, 105 Southside, Buffalo 14220
Cecil Rushton, 357 Rushton, Buffalo 14215
Appointment Effective: February 11, 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
Eileen O'Rourk, 39 Coronada, Buffalo 14220
Kevin Murphy, 94-A Alturia Buffalo 14220
Anthony Wagner, 7 Zittel, Buffalo 14210
Tammy Wagner, 7 Zittel, Buffalo 14210
Samuel Turner Jr., 21 Gesl, Buffalo 14214
Appointment Effective: February 10, 1999 in the
Page 27
99-0223.txt
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
Dexter McDuffie, 264 Peckham, Buffalo 14206
Appointment Effective: February 5, 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
Darryl Gaiter II, 77 Parkside, Buffalo 14214
Appointment Effective: February 12, 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
Jessica Schick, 618 Richmond, Buffalo 14222
Melissa Shaver, 1051 Tonawanda, Buffalo 14207
Sarah Van Alstine, 371 Villa, Buffalo 14216
Appointment Effective: February 8, 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
Joseph McMahon, 81 Briggs, Buffalo 14207
Appoinment Effective February 17, 1999 in the Department
of Street Sanitation to the Position of Seasonal Laborer II,
Seasonal, Non-Competitive at the Flat Starting Salary of
$6.92/hour.
Christopher A. Fuller, 7 Marine Drive, Buffalo, NY 14202
NO. 61
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 ASSESSMENT
Appointment Effective February 16,1999, in the
Department of: Assessment, to the Position of Jr. Data
Control Clerk, Temporary, Appointment, at the: Minimum,
Helen A. Miranda, 7 Susan Lane, Buffalo, NY 14220
Appointment Effective February 16, 1999, in the
Department of Assessment, to the Position of Real Property
Appraiser, Temporary, Appointment at the: Minimum
$32,971
Eric D. Hemdon, 24 Huntington, Buffalo, NY 14214
DEPARTMENT OF GENERAL SERVICES
Appointment Effective February 12, 1999, in the
Department of General Services, Division of Inventory &
Stores, to the Position of Tire Mechanic, Permanent, Non-
Competitive, Minimum, $23,028
Jesus D. Acosta, 309 Fargo St, Buffalo, NY 14213
DEPARTMENT OF POLICE
Appointment Effective: February 16, 1999., n the
Department of: Police, to the Position of Report Technician
Contingent Permanent, Appointment, at the Minimum,
Starting Salary of: $ 23,705
Kim M. Dragone, 59 Moreland Street, Bflo, New York 14206
Page 28
99-0223.txt
DEPARTMENT OF PUBLIC WORKS
Appointment Effective February 16, 1999, in the
Department of Public Works, Division of Water, to the
Position of Clerk, TEMPORARY, APPOINTMENT, at the
MINIMUM, Starting Salary of: $21,917
Dorothy L. Fadale, 65 Schiller Street, Buffalo, 14206
Appointment Effective February 11, 1999, in the Department
of Street Sanitation, to the Position of Street Worker
(Temporary), Temporary, Non-Competitive, at the Minimum,
David M. Taylor, 49 Norway Park, Buffalo, NY 14215
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 62
FRANCHISE AGREEMENT - NAME CHANGE
I am writing to advise you of a change in the name of the
legal entity holding the franchise for the City of Buffalo.
Parnassos, L.P. d/b/a Adelphia Cable Communications has
become Western NY Cablevision, L.P. d/b/a Adelphia Cable
Communications. Please be assured that it is the same
partnership and it remains a subsidiary of Adelphia. The
ownership structure is the same; Adelphia owns two-thirds
and TCl (soon to be AT&T) owns one-third of the
partnership.
Of course, as it is the same entity, Western NY
Cablevision, L.P. will be bound by all obligations made, and
agreements signed under its old name of Parnassos, L.P.
Adelphia will continue to use the Parnassos L.P. name for
matters involving other franchises in the area.
Although this name change is not a transfer or assignment
which requires consent from the City, we wanted the City to
be aware of this change. Adelphia looks forward to
continuing to provide quality cable services to the residents
of the City of Buffalo under its new name of Western NY
Cablevision, L.P. d/b/a Adelphia Cable Communications.
Please feel free to call us with any questions.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE CORPORATION
NO. 63
J. BELT-ENEGISE BUFFALO - COMMENTS PEACE
BRIDGE
The Peace Bridge has huge importance in our region: it
defines Western New York as a frontier, as an international
city and as a gateway to the wonders of Canada. Equally,
the Peace Bridge construction project represents our
region's first Grand Project of the new Millenium.
We are citizens and voters. This letter is an appeal that
you embrace the Peace Bridge project and guide its
development. There is an opportunity for greatness. We in
the community have the will to seize it.
We would like you to call a time-out in the Peace Bridge
Project and allow new information to be understood. The
Public Bridge Authority's twin-span will be costly to build,
costly to maintain and disruptive to build in terms of time and
inconvenience required. Here are the numbers:
Construction cost Construction time Annual
maintenance
expense
Page 29
99-0223.txt
Twin-Span $107-$135 million 4 to 10 years3 $1- 4 million5
Cable-stayed $77-$85 million 2 to 3 years $100,000
1. Range of twin-span quotes including a Ciniinelli Const.
Co., Inc's. quote of $99 mil plus the PBA's estimate of $17 to
$25 mil for redecking the existing bridge.
2. T.Y. Lin & Ciminelli Const. Co., Inc., estimates include
demolition of existing bridge.
3. Second bridge: 4 yrs, re-deck existing bridge, plaza &
access roads: 10 yrs.
4. Bridge & plaza built with minimal disturbance to current
bridge operations.
5. Maintenance is 1% to 3% of the capital appropriation,
per M. Sawyer of the PBA.
6. Maintenance budget for Tampa's 4-mile Sunshine
Skyway over a saltwater channel.
The Twin-Span design has been repeatedly "band-aided"
to mitigate the fact that quadrupling the size of the Peace
Bridge Piers will adversely impact Lake levels, fish habitats
and Niagara River flow.
Doubts were raised about the complex pier designs at the
International joint Commission meetings on January 27 and
28. New concern over boater safety in the swift channels
between the enlarged piers was also raised.
Concern about the location of the Peace Bridge Plaza and
the future of Front Park has never been addressed.
Buffalo's gateway to Canada could be a great attraction. If
the PBA builds their plan, it will be mostly parking lot.
Our proposal is specific: Buffalo should have a new,
majestic Peace Bridge. The Peace Bridge Plaza should be
moved out of Front Park and to a location adjacent Niagara
Street - one of Buffalo's great radial thoroughfares to the
heart of downtown. And, Front Park should be recreated as
the "Peace Bridge Reservation," organically linked by the
Peace Bridge with Fort Erie, in Canada.
Our Frontier with Canada has a rich history. In the Peace
Bridge Reservation, we should restore Fort Porter and
design the new Peace Bridge to include a pedestrian link
with Old Fort Erie, still standing on the Canadian shore.
Since the Public Bridge Authority is an International Authority
holding the charter to manage the border crossing, the
Public Bridge Authority should create and manage the new
Peace Bridge Reservation. A new, cable-stayed bridge
would require remarkably little maintenance. Consequently,
the existing Public Bridge Authority maintenance team could
be given new duties in the Peace Bridge Reservation without
necessitating additional budgets.
Let us be clear. We do not intend for the Public Bridge
Authority to be diminished in size or importance. To the
contrary, we want to build consensus that the PBA should
create and manage a globally unique International Park
flanking our majestic new Peace Bridge. Bottom-line: we
believe we have a win-win-win alternative to the current
stand-off.
Ultimately, we need the Public Bridge Authority to take the
lead toward creating a new and better gateway. At the end
of it all, we will go back to our lives and the PBA will manage
our border crossing. We want them to feel 100% ownership
of the idea, the designs and the outcome. The PBA is a well
managed public authority. We do not want to harm or
alienate them.
This is a bold plan but it cannot be achieved without
decisive and involved leadership from you. We conclude our
appeal with this from Winston Churchill who perceived
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99-0223.txt
mankind's grand projects in the following light: "We shape
out buildings and thereafter, they shape us. "
The Peace Bridge project is a once-in-a-century
opportunity to create an integrated and truly magnificent
gateway between Canada and the United States. Help us
seize this chance.
REFERRED TO THE TASK FORCE ON SUPERSPAN.
NO. 64
CHARTER REVIEW COMMISSION MINUTES
File in the City Clerks Office are the February 11, 1999,
Charter Review Commission meeting documents.
REFERRED TO THE COUNCIL PRESIDENT
NO. 65
G. ELDRIDGE - INFO - 166 AND 170 DART
Filed in the City Clerks Office is information on 166 and
170 Dart Street.
RECEIVED AND FILED
NO. 66
T. GARLOCK
RE: BFLO ZOO CHANGE OF ADMISSION CHARGE
In accordance with the agreement between the City of
Buffalo and the Zoological Society of Buffalo, Inc, the
Society seeks the approval of the Council to change
admission charges to the Zoological Gardens effective April
1, 1999.
It is our request that admission charges be adjusted to the
following schedule:
Youths, two (2) years to fourteen (14) years $3.50;
Adults, fifteen (15) years to sixty-four (64) years $7.00; and
Seniors sixty-five (65) years and older 20% off the Adult
admission
The present admission schedule at the Buffalo Zoo is as
follows:
Youths, two (2) years to fourteen (14) years, $3.00;
Adults, fifteen (15) years to sixty-four (64) years, $6.00; and,
Seniors, sixty-five and older, $3.00.
The Society will continue to offer a rate of $1.05 to all
organized Erie County school groups prepaying during the
school year. Schools outside Eric County and other
organized groups are eligible for a prepaid rate, constituting
a 20% reduction from the regular admission.
County and City operational support for the Zoo has
remained static in the face of increasing expenses such as
veterinary care and animal diets. In 1998 we asked that Eric
County restore its support of the Zoo to the 1991 level of
$1,375,000 (letter attached.) However, the County approved
an increase of 2% to $1,224,000. City support for Zoo
operations has renamed at the minimum under the contract
of $136,000. Combined, the County and City represent 31%
of the resources necessary to operate the Zoo, down from a
level of about 47% 'in the late 1980's. The Society has been
aggressive in our search for ways to increase self-generated
revenue, and has taken extraordinary steps to control
expense. Since 1993 we have increased Society generated
revenue by almost $1,000,000.00.
Against this backdrop, it would benefit our institution if we
Page 31
99-0223.txt
were able to budget admission/parking changes on an on
going basis. To achieve this we ask the Council's
consideration of an amendment to our agreement with the
City to enable us to increase our admission/parking fee
without prior approval from the City with the understanding
that increases would not exceed 15% in any one calendar
year.
We ask that the Council give this request careful
consideration, and call upon the Society to provide additional
information if needed. We require your support as we
pursue our mission of conservation of the species,
education, recreation and research in support of nature. We
go about this task with a commitment to giving the families of
Buffalo, Erie County, Western New York and visitors to our
area an affordable experience with nature.
REFERRED TO THE COMMITTEE ON FINANC'E AND
THE CORPORATION COUNSEL
NO. 67
1996 CLEAN WATER BOND AIR BOND ACT
The New York State Department of Environmental
Conservation (NYSDEC), in cooperation with the New York
State Department of Health (NYSDOH) and the City of
Buffalo, are pleased to inform you that the environmental
investigation and remedial alternatives study for the 858
East Ferry Street site are complete. The next step is to
present the results of the investigation and the Proposed
Remedial Action Plan (PRAP) or clean-up plan to the public
for comment. The results of the investigation, remedial
alternatives study and the proposed clean-up plan are
outlined in the enclosed Fact Sheet.
You are invited to a Public Meeting at which: results of the
site investigation will be discussed; possible remedial actions
to be taken at the site will be reviewed; the PRAP will be
presented and our comments sought on the Plan
The Public Meeting will be held
DATE AND TIME:
Thursday
February 25, 1999
at 6:30 p. m.
PLACE:
Community Meeting Room
East Delevan Branch Library
1187 East Delevan Avenue
Buffalo, New York
Public comments on the PRAP are welcomed during this
meeting, as well as any written comments received by March
28, 1999. All comments received will be carefully
considered before the final selection of a remedial action
plan is made for this site. Written comments should be
directed to:
Mr. David Locey, Project Manager
NYSDEC
270 Michigan Avenue
Buffalo, N.Y. 14203
A Responsiveness Summary will be prepared which will
present the State's answers to any comments or concerns
received during the meeting or comment period. If the
Department does not receive any new or additional
information during this comment period or at the February
25, 1999 public meeting which might change the PRAP, the
Page 32
99-0223.txt
proposed remedial alternative will be documented by the
State in a Record of Decision.
RECEIVED AND FILED
NO. 68
INFO - K-9 CORPS
In response to our discussion at the Common Council
Reorganization Committee meeting held February 4, 1999,
addressing issues concerning the K-9 Unit, I would like to
provide you with the following information in an attempt to
clarify a number of points that were reviewed during the
meeting.
During the 1998/1999 budget hearings for the Buffalo
Police Department; which took place sometime in March
and/or April 1998, the Council was considering not budgeting
the K-9 Unit. The Department at that time requested not
only that the Council continue to budget the Unit, but also
additionally requested all increase the budget line for K-9 in
order to expand the Unit to (10) K-9. It was the
Department's intention at that time to explore ways to
decentralize the Unit with an emphasis on providing high
visibility, and further our Community Policing efforts of
accountability to our neighborhoods.
In an attempt to decentralize the Unit, then Chief Pelletier
authored a memo to Union president Robert Meegan dated
March 3, 1998, specifically outlining tile Department's
intentions concerning the decentralization of the Unit. Chief
Pelletier never received a response from the Union.
However, just days before the decentralization was to take
place on August 11, 1998, this administration was informed
by a representative of the Corporation Council, a
representative of Labor Relations, and the Deputy Police
Commissioner of Legal Affairs that the plan was not
contractually feasible. This, despite the fact that all
individuals were fully aware of our intentions months earlier.
In November of 1998, a resolution, (Res. 182), submitted
by Common Council Members Kevin Helfer and Dale
Zuchlewski, requested that I file a report with the Council
outlining how many K-9 patrols were assigned to the
Districts and how often they patrolled. Our presence in front
of the Common Council Reorganization Committee to
discuss the K-9 Unit on February 4, 1999 was a direct result
of the resolution authored by Councilmember Helfer and
Councilmember Zuchlewski.
In preparing for our presentation to the Reorganization
Committee, we not only painstakingly explored other options
for the K-9 Unit, but sought input from the K-9 Unit's head
trainer on ways to provide cost effective K-9 service to the
citizens of Buffalo. In analyzing cost-benefits of the K-9 Unit,
and reviewing the K-9 officer's daily duties and
responsibilities, we found that the benefits provided by the
Unit do not outweigh the costs associated with maintaining a
Unit of (10) K-9 as a centralized Unit. As discussed at the
February 4th meeting, a majority of neighboring law
enforcement agencies contacted informed the Department
that they have only one K-9 officer. In comparison, the
Buffalo Police Department has a total of (11), including the
(1) K-9 assigned to the Narcotics Unit.
One of the issues raised at the February 4th meeting dealt
with the use of K-9 officer's for routine traffic duties. Of the
(11) K-9 officers, the (10) officer's assigned to the K-9 Unit
Page 33
99-0223.txt
are in fact routinely assigned to traffic related duties. During
the meeting February 4th , a number of Councilmembers
expressed a concern that they would prefer that K-9 officers
to perform K-9 related duties rather than traffic related
duties. However, it must be noted that in 1998 the Council
recommended and adopted budgeting only (16) traffic
officers for the 1998/1999 budget year. This despite the fact
that Traffic related duties are ever increasing due the
additional number of special events, and road races that are
sponsored and approved annually by the City's Special
Events Committee.
In addition, in addressing the issue of utilizing K-9 officer's
strictly for K-9 related functions, a review of calls for service
for bomb calls in 1998 revealed that of the (57) total number
of bomb calls received by this department, K-9 officers
responded to less than half the calls (20), and a majority of
calls (37) were were in fact cleared by the patrol. Even if the
K-9officer's had responded to each of tile (57) calls, one
must question if this is adequate responsibility to keep (5)
bomb detection K-9's productive ten hours a day. By
augmenting the K-9 officers' duties to include foot patrol and
high visibility in the Districts was this Administration's effort
to obtain maximum benefit from our personnel resources.
However, as discussed at the February 4th meeting, shortly
after the plan requiring K-9 officer's to conduct foot patrols
was issued, I was put on notice in writing by the
Department's head trainer that there would be liability issues
involved, and as a result have some serious concerns in
terms of moving forward with this plan.
Further, I must make it a point at this time that the issue of
I -officer cars peripherally plays a role in the bigger picture.
K-9 officer's are considered 1-officer cars, and as such
contractually not allowed to answer even routine calls for
service. As Commissioner, I must ask the question whether
or not the Department is effectively utilizing the resources
and tools it has available to move this pressing issue to the
forefront. As such, the issue at hand is actually more than
mere dollars and cents. When the million-dollar figure was
discussed at the February 4th meeting, that dollar figure
shared was intended to represent the yearly expense of
maintaining (11) K-9, not necessarily a savings, as reported
by the Buffalo News. An expense that in the opinion of the
administration of this department can be better utilized in
providing cost effective services to the citizens of Buffalo.
Due to the numerous obstacles that we have confronted
regarding the use of the K-9 Unit, including issues of liability,
contractual constraints; which the Union has not offered to
address, and the necessity of utilizing K-9 officer's for traffic
related duties, I propose drastically reducing the number of
officers assigned to the K-9 Unit. It is my intention to
maintain the Head Trainer position with (1) Bomb K-9, as
well as the Narcotics Detective, assigned to the Narcotics
unit with (1) Narcotics K-9. This action would help to
address other concerns the Council has expressed through
various resolutions; including overtime issues, the availability
of vehicles, accountability, and fiscal responsibility. In the
future, once "our house" is in order, i.e.: contractual issues
forthrightly addressed, 1-officer car questions resolved, I
would be more than happy to revisit the possibility of
expanding the Unit.
I thank you in advance for your kind consideration to this
matter. It' you should have any questions concerning this
correspondence, please feel free to contact Deputy Pelletier
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in my absence.
REFFERRED TO THE COMMITTEE ON BUDGET
NO. 69
RESIGNATION - LEGISLATION ASST.
This is to inform you that I have accepted a position with in
the New York State Assembly and therefore as of Monday,
March 1, 1999, I will resign from my current position as
Legislative Assistant for the Buffalo Common Council.
The decision to leave the Council Staff office was not an
easy one. Over the years, I have developed great working
relationships with various Councilmembers and their Staff. It
is because of this experience, and the opportunities and
incentive that you and the Common Council have given me, I
am able to move forward with my professional career.
I thank you and the Buffalo Common Council for the
opportunity to serve you, and I look forward to seeing you in
the community.
RECEIVED AND FILED
NO. 70
REINSTATEMENT OF THE TYPIST, CLERK, AND
JUNIOR TRAFFIC CLERK LISTS
I, Linda D. Williams, 311 Winslow Avenue, Buffalo, New
York 14211, applied and took the Typist, Clerk, and Junior
Traffic Clerk exams in February - 1996 and passed all three
exams.
I have been employed as a temporary Typist and
Elementary School Clerk with the Buffalo Board of Education
since September 30, 1996. I have posted for several
positions throughout the school system and City of Buffalo. I
am currently employed as a Temporary Typist at the Dr.
Martin Luther King Jr. Multi-cultural Institute School (#39)
which is up for bid for a permanent typist.
On November 18, 1998, I was sixth (6) on the Civil Service
Typist List and interviewed for the position of Permanent
Typist for the City of Buffalo, in the Drug and Substance
Abuse Department, -with the Director Lewis Paige. On or
about two weeks later I was informed the existing Typist List
was expired and my name was removed from all Civil
Service Lists.
I know the list for Elementary School Clerk was expired
and after many complaints the list was reinstated. Ms.
Hernon I hope you have received many letters from Typists
who have been removed from the Civil Service List as well
as my-self and reconsider reinstating the Typist list. Dr.
MLK/MCI School (#39) is open for a permanent typist and I
am more than interested and qualified for the position.
Please find enclosed copies of examination test results for
Typist, Clerk, and Junior Traffic Clerk, as well as my bid for
the Typist position at the Dr. MLK/MCI.
Please feel free to contact me at the above address or at
888-7011 (wk) or 893 -6104(H) if you require additional
information
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE CIVIL SERVICE COMMISSION AND THE
CORPORATION COUNSEL
NO. 71
E. OVERTON SITE INPECTION - 423 N.DIVISION
Page 35
99-0223.txt
On February 4h, 1999, Dennis Penman of M.J. Peterson,
Pat Panaro, City of Buffalo, and myself met at Ms. Edna
Overton's residence for a site inspection of her home. The
main issue (Porch Columns) could not be resolved
satisfactorly, both parties agreed to small claims court on
this issue. The second issue we discussed was drywall
cracks. There are pronounced cracks in the great room.
Specifically adjacent to the eyebrow window. Mr. Penman
agreed to repair these cracks, site inspection was
concluded. I will CC all parties concerned. I hope this
meets your approval.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
PETITIONS
NO. 72
W. HALL JR., OWNER, PETITION TO USE 1217 MAIN ST.
FOR A RESTAURANT/BAR.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 73
M. MIRANDA, OWNER, PETITION TO USE 3114 MAIN
FOR BAR/RESTAURANT/L FAMILY DWELLING.
REFERRED TO COMMITTEE ON COMMUNITY
DEVELOPMENT, CITY PLANNING BOARD, AND
COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO. 74
E.C.I.D.A., OWNER., PETITION TO USE 620 TIFFT FOR
AN OUTSIDE STORAGE FACILITY.
REFERRED TO COMMITTEE ON COMMUNITY
DEVELOPMENT, CITY PLANNING BOARD, AND
COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO. 75
9274 GROUP, PETITIONER9 PETITION TO REZONE 148
& 152 RAMONA FROM R2 TO C1 TO BUILD PHARMACY
WITH DRIVE-THRU.
REFERRED TO COMMITTEE ON COMMUNITY
DEVELOPMENT, CITY PLANNING BOARD, AND
COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO. 76
TRINIDAD NEIGHBORHOOD ASSOCIATION -
OPPOSE REZONING 43-59 KENSINGTON & 224
HUMBOLDT
I am Darren M. Strickland, President of the Trinidad
Neighborhood Association, who has promoted its
neighborhood and addresses the issues and concerns of its
residents for over thirty-years.
Attached are petitions with 156 signatures requesting that
43-59 Kensington & 224 Humboldt Pkwy, not change from
R-2 to C-1 for food market, office rentals, gas pump island &
residential dwelling. (0287 - 0290)
Please file these with the necessary documents, as the
community is not in support of this project.
Page 36
99-0223.txt
RECEIVED AND FILED
NO. 77
SUPPORT PROJECT HENNEPIN PARK
The ELC. which is made up of the Leaders of 7
Organizations in East Lovejoy and [he Pastors of 6 of the
neighborhood Churches, was formed over two years ago, to
improve the quality of life of our residents and promote
community cohesion.
We have prepared a set of Community Improvement
Goals" (attached) which were developed, last March, via a
community survey, during our Vision Fair. You will note that
3 of the top 5 goals speak to the need for improvements to
Hennepin Park & the Community Center. Also, a Fast
Lovejoy Vision Statement (attached) was developed. This is
further documentation that the East Lovejoy Community
sees an urgent need for expanded and improved social
services.
Unfortunately, there is a very vocal, but nevertheless,
small minority. of our friends and neighbors. who object to
the use of the 7.600 sq. ft. of parkland, and do not want to
see the Project completed as originally proposed and
funded. They have pursued their legal rights and voiced
their objections ... as they had a right to do ... all the way to
the U.S. Department of Interior. Washington, D.C.
NEVER-THE-LESS. THAT FIGHT IS OVER, AND THE
USE OF THE PARKLAND HAS BEEN APPROVED.
BASED ON CERTAIN CONDITIONS, WHICH HAVE BEEN
AGREED TO, BY THE MAYOR. THEREFORE, WE URGE
ALL THE OPPONENTS TO NOW JOIN WITH US, TO
WORK TOGETHER, TO GET THE BEST POSSIBLE
PRODUCT FOR OUR COMMUNITY.
We. the following, urge our Governmental Leaders to do
whatever is necessary to expedite the construction. so that
the much needed services emanating from the Center will be
available. to the Community. as soon as possible.
REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 78
SUPPORT PROJECT HENNEPIN PARK
SPRING IS JUST AROUND THE CORNER, AND WITH
THAT IN MIND, WE THE RESIDENTS OF BUFFALO WANT
TO SEE THE START AND COMPLETION OF THE
RENOVATION AND EXPANSION OF HENNIPEN PARK
COMMUNITY CENTER AS OUTLINED IN THE 2.7
MILLION DOLLAR GRANT AWARDED FOR THIS
PROJECT.
WE ASK THAT MOOR MASIELLO, COUNCILMAN
RICHARD FONTANA, AND ALL THAT ARE INVOLVED,
FOR THEIR SUPPORT IN FAVOR OF THIS PROJECT.
REFEREED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
CLAIMS COMMITTEE
(ROBERT R. QUINTANA, CHAIRPERSON)
NO. 79
CLAIMS COMMITTEE REPORT
COMPROMISE AND SETTLEMENT OF
ACTIONS FOR PERSONAL INJURY
Page 37
99-0223.txt
That, upon the recommendation of the Corporation
Counsel, the following actions for personal injury arising out
of alleged negligence on the part of the City, be
compromised and settled:
1..Thomas Casey $1,750.00
2. JodiFiler MN/G of BrendanFileranInfant $7,500.00
3. Richard and Paula Fronczak $30,000.00
4. Peggy A. Mason $2,000.00
5. Darryl Parker $4,000.00
6. Frank Pitrola $350,000.00
7. Josephine Salemi $150,000.00
8. Lorenzo Shaw P/N/G of Sherrell Shaw an Infant
$15,000.00
9. Frank Riga $50,000.00
10. Glenn Gould $100,000.00
11. Christopher Frazier $72,000.00
12. Salvatore and Shanon Mantione $30,000.00
13. Marion Moon $15,000.00
14. Antoine Wilson (Personal Injury) $107,500.00
Pamela Keith (Property Damage) $2,500.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and
their attorneys, if any, hereinabove named, in the amounts
set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper
releases and closing papers.
PASSED
AYES - 12 NOES - 0
NO. 80
PROPERTY DAMAGE
That upon the recommendation of the Corporation
Counsel, and the appropriate City Department, the following
actions and claims for damage to property caused by alleged
negligence on the part of the City be compromised and
settled:
1 Michael C. Calandra
Claim for a pair of eyeglasses lost in the line of duty in the
Department of Street Sanitation.
$104.00
2. Sean P. Cooley
Claim for damage to a 1996 Pontiac Sunfire. Claimant is an
employee of the Department of Street Sanitation working out
of the Broadway Garage, 197 Broadway. The vehicle was
parked adjacent to the building when large sections of roof
blew off striking the vehicle.
$1,824.84
3 . DelGrosso's Auto Mart
Claim for a 1987 Ford Aerostar which was sold by the City.
DelGrosso's Auto was the lienholder on the vehicle but was
never notified of the impoundment and sale. $218.00
4. Nancy Jo Hutch
Claim for water damage to a notebook computer personally
owned by the claimant. On June 19, 1998 a water leak
occurred in the ceiling above the secretary's area in City
Court, Part 13, (Judge Camey).
$1,672.33
5. Kenny Jones
Claim for a police scanner which was not returned to the
claimant following his incarceration. He was arrested on 6-
Page 38
99-0223.txt
21-98 at 74 Interpark. Property taken from him included a
scanner as confirmed by the arresting officers. No paper
work can be found relating to the scanner nor can the
scanner be located.
$130.00
6. Elizabeth Maloney
Claim for damage to a 1993 Honda Civic on Chapin
Parkway. Claimant states that a City Parks Department
worker was weed whacking and inadvertently a stone was
propelled against her vehicle causing damage.
$203.04
7. Joseph Mancuso
Claim for damage to a 1988 SI 0 Blazer. Claimant is an
employee of the Department of Street Sanitation working out
of the Broadway Garage, 197 Broadway. The vehicle was
parked near the gas pumps when large sections of roof blew
off striking the vehicle.
$534.62
8. Eric Mathews
Claim for damage to a 1994 Jeep. The vehicle was being
towed by the City to the Impound Garage on Tonawanda
Street when the Jeep fell out of the wheel lift sustaining
damages.
$1,785.89
9. Winston McDuffle
Claim for the loss of a German Shepard dog which was shot
and killed by P.O. Clark on 8-21-98 at 59 Interpark Avenue.
Officer Clark was chasing a suspect through the yard when
the large German Shepard charged at the officer. He shot
and killed the dog. $300.00
10. Scott Skinner
Claim for the loss of a pair of eyeglasses in the line of duty in
the Fire Department.
$196.60
11. Laura Smerechniak
Claim for personal property which was inadvertently
destroyed by the Buffalo Police Department. Claimant was
the victim of a robbery and her property was being held for
evidence in the trial. It was destroyed without notification.
$231.10
12. Daniel Vivian
Claim for eyeglasses broken in the line of duty in the Fire
Department.
$204.50
13. Colvin/Linden Avenue Bridge Overspray Claims
September 29, 1998, a railroad bridge (one of 30 bridges
painted) was painted at Colvin and Linden Avenues. The
vehicles listed below received a coating of paint from the
painting project.
1 . Kenneth J. Bachara $336.96
2. Michael L. D'Orazio $764.64
3 . Mitchell C. Stewart $367.20
4. Michael Vitiello $801.36
5. . Margaret Wade $336.96
The Corporation Counsel recommends payment in the total
amount of $2,607.12
14. Bridge Overspray Claims
The following claims for bridge overspray were received after
the October 21, 1998 claims agenda deadline. The
Corporation Counsel's Office has investigated these claims
and recommends payment to:
1. Gary Barone $356.35
2. Daniel & Ellen Quenneville $312.12
Page 39
99-0223.txt
3 . Denise M. Schroeder (Deductible) $200.00
4. State Farm Mutual Auto Insurance Company $152.08
5. Arnica Mutual Insurance Company a/s/o Michael P.
Coppola (Supplemental Payment) $43.15
6. Debra A. LaTona $320.76
7. James P. Mills $483.39
8. . Nichol Jaremka $194.40
The Corporation Counsel recommends payment in the total
amount of $2,062.25
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and
their attorneys, if any, hereinabove named, in the amounts
set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper
releases where such releases are indicated.
PASSED
AYES - 12 NOES - 0
NO. 81
MISCELLLANEOUS INVOICE
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
1. Buffalo General Hospital
Claim for payment of prior fiscal year Invoice #3899943901
for services rendered to Firefighter
Donald Hargrave. $108.80
2. Canon USA
Claim for payment of prior fiscal year Invoice #B9567143 for
services rendered to the Police
Department. $255.13
3. Ces/Way International, Inc.
Claim for payment of prior fiscal year Invoice #7491 for
services rendered to the Department of
Public Works, Division of Buildings for April through June
1998. $10,710.00
4. Comprosec Corporation
Claim for payment of prior fiscal year Invoice #836187 for
services rendered to the Fire
Department. $1,783.10
5. County of Erie
Claim for payment of a prior fiscal year invoice for services
rendered to the Police Department.
$3,600.00
6. Donald P. Douglas, M.D.
Claim for payment of prior fiscal year Invoice
#032798/LUNGHIN0,R for services rendered to
Fighter Bob Lunghino. $37.80
7. Home Depot, Inc.
Claim for payment of prior fiscal year Invoice #251312 for
services rendered to the Fire Department. $387.00
8. Niagara Marine
Claim for payment of a prior fiscal year invoice for services
rendered to the Police Department.
9. Sisters Hospital
Claim for pymnt of prior fiscal year Invoice #0005 3 794079
for services rendered to Firefighter Terry White. $42.01
10. Union Occupational Health
Claim for payment of a prior fiscal year invoice for services
rendered to the Department of Street Sanitation.
$11,940.00
Page 40
99-0223.txt
That checks be drawn on the account of 81-2
General City Charges 100-812-000-00-809 Judgment and
Claims Prior Years, payable to the respective claimants and
their attorneys, if any, in the amount set opposite their
names, respectively, and delivered to them upon execution
and delivery to the Corporation Counsel of the proper
releases where such releases are indicated.
PASSED
AYES - 12 NOES - 0
NO. 82
MISCELLANEOUS CONTRACT
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claim be paid:
D Osinski Plumbing, Inc.
This is a contract claim for sewer and water termination for
properties scheduled for demolition in the City based on the
non-prevailing wage rates. $22,536.64
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
PASSED
AYES - 12 NOES - 0
NO. 83
MISCELLANEOUS REFUND/REIMBURSEMENT
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
E1. Glenn Banks Sr..
Claim for a refund of penalties and interest for unpaid real
property taxes after the claimant's bankruptcy petition was
filed.
E2. Kevin E. Galuszak
Claim for a refund of the charge for a returned check for the
payment of a water bill, Water Bill #16156100. The Water
Department and the City Treasury do not have the authority
To Remove this charge. Upon approval of the claim the
check will be made payable to the City of Buffalo to remove
this charge.
E3. Sandra Marciniak
Reimbursement claim pursuant to an agreement settling a
grievances and disciplinary charges resulting from the
termination of claimant under the City residency program.
Ms. Marciniak was returned to her position as an In Rem
Specialist. Two items in the agreement remain unpaid. She
is entitled under the agreement to a reimbursement of
($1,633.44) for COBRA payment for health insurance
premiums for the previous fiscal year. She is also entitled to
reimbursement of ($62.54) for prescription payments which
occurred before her health insurance coverage had been
restored by the City.
1,695.98
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their
Page 41
99-0223.txt
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
E1 & E2;
PASSED
AYES - 12 NOES - 0
E3
PASSED
AYES - BROWN,COPPOLA, FONTANA, GRAY, HELFER,
LOTEMPIO, MANLEY, PITTS, QINTANA, WILLIAMS,
ZUCHLEWSKI - 11 NOES - FRANCZYK - 1
NO. 84
REPORT TO THE CLAIMS COMMITTEE
MATTHEW R. BROOKS
ITEM NO. 11 8, C.C.P., JUNE 23, 1998
ITEM NO. 129, C. C.P., JULY 21, 1998
This claim was tabled at the Common Council meeting of
June 23, 1998, recommitted at the Common Council Meeting
of July 21, 1998, Tabled at the Claims Committee Meeting of
October 21, 1998 and is being placed on the Agenda for
discussion. It is a claim for a 1983 Buick Electra that was
towed to the Impound Garage and sold at auction. Mr.
Brooks claims that the Police Department did not take his
vehicle off the stolen car list and his vehicle was towed. He
claims he reported his vehicle stolen on October 20, 1997.
The vehicle was recovered on November 18, 1997 from 39
Fernhill and was towed by the City on November 20, 1997 to
the Impound Garage. Certified notices of auction were sent
to claimant and were signed for on December 8, 1997. The
vehicle was sold at auction on January 7, 1998 for ($100).
His claim is in the amount of ($5,000).
The Department of Law recommends denial of this claim.
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
Mr. Quintana now moved that the above item be
recommitted to the Committee on Claims.
Seconded by Mr. Franczyk.
ADOPTED
NO. 85
REPORT TO THE CLAIMS COMMITTEE
F 2. Sandra Noble
This claim is being placed on the Agenda for discussion at
the request of a Councilmember. Ms. Noble claims that on
12/10/97 a City Streets Department plow damaged her
parked 1988 Pontiac Grand Prix at 245 Herman Street. The
mirror was knocked off the vehicle. There are two estimates
in the file in the amount of ($162.54) and ($165.02).
David Gannon, Insurance Contract Analyst, who handles
claims for the City where City vehicle are involved denied the
claim because he was unable to verify that a City vehicle did
the damage.
The Corporation Counsel recommends denial of this claim.
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
Mr. Quintana now moved that the above item be
recommitted to the Committee on Claims.
Seconded by Mr. Franczyk.
ADOPTED
Page 42
99-0223.txt
NO. 86
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Common Council
Claims Committee, the following claim be paid:
F 3 . Nilda Figueroa
This claim is being placed on the Agenda at the request of a
Councilmember. It is a claim for property damage at 411
Parkdale on 9-14-98 pursuant to a Police Search Warrant.
$1,211.63
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-808 Judgment and Claims
Current, payable to the respective claimants and their
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
PASSED
AYES - 12 NOES - 0
NO. 87
REPORT TO THE CLAIMS COMMITTEE
F 4. Clifton U. Robinson
New York Central Mutual Insurance Company A/S/O
This claim is being placed on the Agenda for discussion at
the request of Councilmember Gray. On 6-29-98 the
insured's house at 340 Masten sustained exposure damage
as a result of a fire at a City owned house at 346 Masten.
The Corporation Counsel denied this claim based on the fact
that the fire was caused by the criminal act of an unknown
third party. The City received no notification that the City
was pre-warned of any hazardous condition at that location.
The claim is in the amount of ($2,610.40) which includes the
insured's deductible
The Corporation Counsel recommends denial of this claim.
That the above item be, and the same hereby is, Received
and Filed.
ADOPTED
REGULAR COMMIFTEES
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 88
APPT.-POLICE CHIEF (MAX) (POLICE)
(ITEM NO. 20 C. C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 89
APPOINTMENT
BUILDING INSPECTOR
That Communication 38, February 9, 1999 be received
and filed and the Mayoral appointment of John A. Lydon
above at the flat salary of $80,575.00 effective on February
1, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
Page 43
99-0223.txt
NO. 90
APPOINTMENT
BUILDING INSPECTOR
That communication 67, February 9, 1999 be received and
filed and the Permanent appointment of Michael Muscarella
above at the Intermediate salary of $37,373.00 effective on
February 1, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 91
APPOINTMENT
BUILDING INSPECTOR
That Communication 68, February 9, 1999 be received
and filed and the Temporary appointment of Michael Castro
above at the Intermediate salary of $37,373.00 effective on
February 1, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 92
APPOINTMENT
BUILDING PLANS INSPECTOR
That Communication 69, February 9, 1999 be received
and filed and the Temporary appointment of William
Manuszewski above at the Intermediate salary of $37,373.00
effective on February 1, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 93
APPOINTMENT
BUILDING INSPECTOR
That Communication 70, February 9, 1999 be received
and filed and the Permanent appointment of Robert Barrali,
Keith Davies, Frank Sandarelli, Jr. above at the Intermediate
salary of $36,001.00 effective on February 1, 1999 is hereby
approved.
PASSED
AYES-12, NOES-0
NO. 94
APPOINTMENT
BUILDING INSPECTOR
That Communication 71, February 9, 1999 be received
and filed and the Temporary appointment of Mario Sirianni
above at the Intermediate salary of $38,728.00 effective on
February 1, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 95
APPOINTMENT
STREET SANITATION
That Communication 73, February 9, 1999 be received
and filed and the Permanent appointment of Sean Cooley,
Marcus Gorski, Ronald J. Miller, Vincent Muffoletto, Matthew
Page 44
99-0223.txt
Ramiero, Dougals M. Ryan, above at the Maximum salary of
$28,425.00 effective on January 25, 1999 is hereby
approved.
PASSED
AYES-12, NOES-0
NO. 96
APPOINTMENT
STREET SANITATION
That Communication 74, February 9, 1999 be received
and filed and the Temporary appointment of William
Deschenes, Steven Iraci, Alan Majewski, Thomas Weimer,
William Yohn, above at the Maximum salary of $28,425.00
effective on February 3, 1999 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 97
INFO. APPT. DEPUTY POLICE COMM(POL)
(ITEM NO. 27 CCP NOVEMBER 17, 1998
That the above mentioned item be and the same is
hereby received and filed
ADOPTED
NO. 98
SALARY ORDINANCE AMENDMENT
09-0 DEPARTMENT OF ASSESSMENT
(ITEM NO. 183, CCP., FEB 9, 1999
That the Salary Ordinance Amendment as contained in
Item No. 183, CCP., February 9, 1999, be and the same
hereby is approved
PASSED
AYES-12, NOES-0
NO. 99
SALARY ORDINANCE AMENDMENT
40-2 DEPARTMENT OF BUILDINGS
(ITEM NO. 185, CCP., FEB 9, 1999
That the Salary Ordinance Amendment as contained in
Item No. 185, CCP., February 9, 1999, be and the same
hereby is approved
PASSED
AYES-12, NOES
NO. 100
SALARY ORDINANCE AMENDMENT
01 - 1 CITY CLERK
001 CITY CLERK
(ITEM NO. 186, C.C.P., FEB. 9, 1999)
That the Salary Ordinance Amendment as contained in
Item No. 186, C.C.P., February 9, 1999, be and the same
hereby is approved.
Passed
AYES-12, NOES-0
NO. 101
SALARY ORDINANCE AMENDMENT
06 DEPARTMENT OF ADMINISTRATION & FINANCE
3 DIVISION OF CIVIL SERVICE
(ITEM NO. 187 C.C.P., FEB. 9, 1999)
That the Salary Ordinance Amendment as contained in
Page 45
99-0223.txt
Item No. 187, C.C.P., February 9, 1999, be and the same
hereby is approved.
Passed
AYES-12, NOES-0
NO. 102
SALARY ORDINANCE AMENDMENT
03 - 0 MAYOR AND EXECUTIVE
(ITEM NO. 188 C.C.P., FEB. 9, 1999)
That the Salary Ordinance Amendment as contained in
Item No. 188, C.C.P., February 9, 1999, be and the same
hereby is approved.
Passed
AYES-12, NOES-0
NO. 103
RESIDENCY - DEPUTY POLICE COMMISSIONERS (CC)
(ITEM NO. 3 8 C.C.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO.104
RESIDENCY ISSUES-DEPUTY POLICE
COMMISSIONERS (POL)
(ITEM NO. 19 C.C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 105
RESIDENCY-DEPUTY POLICE COMMISSIONERS (POL)
(ITEM NO. 3 5 C. C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 106
NOTICE OF APPOINTMENTS-TEMP./PROV./PERM. (CC)
(ITEM NO. 86 C. C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 107
INCREASED APPROPRIATION - FUND BALANCE -
PARKING ENFORCEMENT
(ITEM NO. 178, C.C.P., FEB. 9, 1999)
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
Page 46
99-0223.txt
in the above communication.
Mr. Franczyk moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 108
RESULTS OF NEGOTIATIONS - 194 LANDON
(ITEM NO. 39, C.C.P., NOV. 17,1998)
That the offer from Howard and Eddie Brackett, residing at
196 Landon Street, in the sum of One Thousand and Six
Hundred Dollars ($1,600.00) for the sale of 194 Landon
Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be: paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-12, NOES-0
NO. 109
RESULTS OF NEGOTIATIONS - 196 GLENWOOD
(ITEM NO. 58, C.C.P., JUNE 23, 1998)
(ITEM NO. 103, C.C.P., NOV. 17, 1998)
That the offer from State Tabernacle Church of God in
Christ, located at 234 Glenwood Avenue, in the sum of One
Thousand and Four Hundred Dollars ($1,400.00) for the sale
of 196 Glenwood Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-12, NOES-0
NO.110
RESULTS OF NEGOTIATIONS - 117 VERPLANCK
(ITEM NO. 54, C.C.P., DEC. 1, 1998)
That the offer from Ms. Florence U. Johnson, on behalf of
Cold Spring Church of God in Christ Jesus, 107 Verplanck
Street, in the sum of One Thousand and Two Hundred
Dollars ($1,200.00) for the sale of 117 Verplanck Street, be
and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-12, NOES-0
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NO. 111
RESULT OF NEGOTIATIONS - 43 WAVERLY
(ITEM NO. 37, C.C.P., DEC. 29, 1998)
That the offer from Mr. Clifford Washington, residing at 73
Otis Place, in the sum of Six Hundred Dollars ($600.00) for
the sale of 43 Waverly, be and hereby is accepted-, and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-12, NOES-0
NO. 112
RESULT OF NEGOTIATIONS - 137 WOODLAWN
(ITEM NO. 47, C.C.P., DEC. 15, 1998)
That the offer -from Ms. Nora Wright, residing at 131
Woodlawn Avenue, in the sum of Seven Hundred Dollars
($700.00) for the sale of 137 Woodlawn Avenue, be and
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-12, NOES-0
NO. 113
BIDS - BUFFALO PARK SIGNAGE SYSTEM
(ITEM NO. 42, C.C.P., FEB. 9, 1999)
That the Commissioner of Community Development be,
and he hereby is authorized to award a contract for Buffalo
Park System Signage, to ASI Sign Systems the lowest
responsible bidder in the amount of the low base bid of
$138,997.50 and add alternate 1 in the amount of $10,605
for a total contract award of $149,602.50. Funds for this
project are available in Bond Fund Account 203-717-003.
Passed.
AYES-12, NOES-0
NO. 114
CHANGE IN CONTRACT - CITYWIDE TREE REMOVAL
(ITEM NO. 45, C.C.P., FEB. 9, 1999)
That the Commissioner of Community Development be,
and he hereby is authorized to issue change order No. 3, to
Schneck's Tree Removal, an increase in the amount of
$40,000, as more fully described in the above
communication, for work relating to Citywide Tree Removal
No. 91928800. Funds for this project are available in Bond
Fund Account 201-717-004.
Passed
AYES-12, NOES-0
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NO. 115
REDUCTION IN RETENTION - AMHERST STREET
(ITEM NO. 30, C. C.P,, FEB. 9, 1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mrs. Franczyk moved:
That the Commissioner of Public Works be, and he hereby
is authorized to reduce the retention from $232,717.07 to
$30,000.00 to M. P. J. Construction, for Amherst Street,
Grant to Lincoln Pk., Contract No. 91919400.
Passed
AYES-12, NOES-0
NO. 116
ACQUIRE 166, 170 DART STREET
(ITEM NO. 39, C.C.P., FEB. 9, 1999)
That the Corporation Counsel be, and he hereby is
authorized to settle the 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.
Mrs Lotempio moved that the above item be recommitted to
Committee on Finance.
ADOPTED.
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 117
PROPOSED LANDMARK DESIGNATION - THE SWANNIE
HOUSE - 170-174 OHIO STREET
(ITEM NO. 6, C. C. P., FEB. 9, 1999)
That after the public hearing held before the Committee on
Legislation on February 16, 1999, the Swannie House, 170-
174 Ohio Street be, designated as a local historic landmark,
pursuant to Article 111, Section 337-9 through 12 of the
Preservation Standards of the Buffalo Code; and
That this designation is made upon due consideration of
the reports of the Buffalo Preservation Code (Chapter 337 of
the Buffalo Code) and for the reasons set forth in the reports
of the Buffalo Preservation Board and its Landmark
Designation Committee; and
That the Secretary of the Preservation Board be, and
hereby is directed to file the property description with the
City Clerk, the Planning Board, the Division of Planning and
with the Department of Public Works; and
That the Petitioner is directed to file a description or map
of the property with the Erie County Clerk's Office.
Passed
AYES-12, NOES-0
NO. 118
DEMETRIOS T. LIAROS, PETITION TO REZONE 43-59
KENSINGTON & 224 HUMBOLDT PKWY.
(ITEM NO. 108, C.C.P., FEB. 9, 1999)
That after the public hearing before the Committee on
Page 49
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Legislation on February 16, 1999, the petition of Demetrios
T. Liaros, owner, for permission to rezone 43-59 Kensington
and 224 Humboldt Parkway from R-2 to C- I for a food mark-
et, office rentals, gas pump island and residential dwelling
be, and hereby is denied.
ADOPTED
NO. 119
REC. TEMP. VAR. FOR PROP. BLDBD. - 1896
FILLMORE AVE.
(ITEM NO. 163 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 120
ARRANGE MTG. - COMMON COUNCIL & NYSDOT RE:
MAIN ST.
(ITEM NO. 277 C.C.P. JULY 21, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 121
SPIRO T. LIAROS, PETITION TO REZONE 640 FOURTH
STREET
(ITEM NO. 80, C.C.P., DEC. 15, 1998)
That after the public hearing before the Committee on
Legislation on February 16, 1999, the petition of Spiro T.
Liaros, owner, for permission to rezone 640 Fourth Street
from C- 1 & R-3 to C- 1 for a restaurant or other permitted
use be, and hereby is denied.
ADOTED
NO. 121
USE 640 FOURTH ST. (PLAN. BD)
(ITEM NO. 5 C.C.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 123
G, TRONOLONE & O-OPPOSE REZONING OF 640
FOURTH ST.
(ITEM NO. 82 C.C.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 124
J.CONTINO-CURRENT, ZONING/DEED
RESTRICTIONS-640 FOURTH ST.
(item No. 89 C.C.P. February 9 , 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 125
MEET W[UNION ON WORKFORCE DIVERSITY FOR CITY
PROJECTS
(ITEM NO. 136 C.C.P. DECEMBER 15, 1998)
Page 50
99-0223.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 126
S. COOPER-HARRASSMENT-COMPTON'S-1239
NIAGARA ST.
(ITEM NO. 63 C.C.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 127
G. MOONEY-REQ. PENN. TO USE AMPLIFIED EQUIP.
DURING PERFORMING
(ITEM NO. 44 C.C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 128
G. MOONEY AMPLIFICATION-STREET PERFORMER LIC.
(CC)
(ITEM NO. 40 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed -
ADOPTED
NO. 129
G.MOONEY REQ. PENN.-USE AMPLIFIED EQUIP.
DURING PERFORMING (CD)
(ITEM NO. 46 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 130
ORD. AMEND.-CHAPTER 9409 STATUES/MON. (BFLO.
ARTS CONUN.)
(ITEM NO. 3 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
referred to the Committee, on Budget.
ADOPTED
NO. 131
ORD. AMEND.-CHAPTER 4409 STATUES/MON.
(ITEM NO. 100 C.C.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
referred to the Committee on Budget.
ADOPTED
NO. 132
NOTIF SERIAL #9116-9120
(ITEM NO. 16 C. C. P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
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COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 133
SO. ELLICOTT URA-PHASC 11-289 EXCHANGE ST.-
UTILITY EASEMENT
(ITEM NO. 65 C.C.P., FEBRUARY 9, 1999)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and
a Notice of same has been published in the Buffalo News, a
copy of which is attached the item is properly before the
Common hereto.
On a motion by Mrs. LoTempio. seconded by
Council, and the hearing is opened.
CARRIED.
Appearances -
Mrs. LoTempio now moved that the hearing be closed.
Seconded by
CARRIED.
MRS. LOTEMPIO MADE A MOTION TO REFER SAID
ITEM TO TIM SPECIAL COMMITTEE ON
TELECOMMUNICATIONS.
ADOPTED
NO. 134
J.MOSS-REQ. TO HOMESTEAD VACANT LOT
KILLHOFFER ST.
(ITEM NO. 70 C.C.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 135
RESPONSE-HOMESTEAD VACANT LOT-KILLBOFFER
ST. (CD)
(ITEM NO. 55 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 136
HENNEPIN PARK
(RICHARD FONTANA, CHAIRMAN)
M. HOSTREITTER-COMMENTS-HENNEPIN PK.
(ITEM NO. 93 C. C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 137
B.SCHROEDER-ELBTA-SUPPORT-IMPROVEMENTS
PROJECTS-HENN. PK.
(ITEM NO. 101 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
Page 52
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ADOPTED
NO. 138
B-SCHROEDER-ELBTA GRANT USE STIPULATION
(ITEM NO. 102 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 139
B.SCHROEDER-ELBTA-THIRD FLOOR OPTION (ITEM
NO. 103 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 140
B.SCHROEDER-ELBTA SPAE USAGE OF EXP.
HENN. PK. COMM. CTR-
(ITEM NO. 104 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 141
B. SHEOEDER ELBTA USE OF PARKLAND
(ITEM NO. 105 C.C.P. FEBRUARY 9, 1999)
That the above mentioned item be the same is hereby
received and filed.
ADOPTED
NO. 142
J.TENZYK-NYS CHILDREN/FARMILY SVS. HEN. PK.
YOCS PROJ.
(ITEM NO. 106 C. C. P. FEBRUARY 9, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
RESOLUTIONS
NO. 143
BY: MR. FONTANA, MR. COPPOLA
NIAGARA MOLIAWIC Building
Whereas: There is a potential to Niagara Mohawk to
vacate their downtown headquarters and relocate to another
site; and
Whereas: Their current building located at 535 Washington
Street could be considered as a hotel for a future convention
center; and
Whereas: This Common Council is concerned about this
issue and would like to keep Niagara a Mohawk and their
many jobs in downtown Buffalo; and
Now, Therefore, Be It Resolved:
That this item be referred to the Municipalization Committee
for comment from Niagara Mohawk on the potential Of Such
a move.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPILIZATION
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NO. 144
BY: MR. FONTANA, MR. PITTS
CLOSING OF TOP'S MARKET
Whereas: Top's Market, located at 2094 Genesee Street,
is scheduled to close in the beginning of the year 2000; and
Whereas: As this is the only supermarket in the Greater
Schiller Park area, over 60,000 residents would be affected
by this closing; and
Whereas: Shutting down the lone shopping destination in
the neighborhood would create a major hardship for the
residents, many of whom walk to this location; and
Whereas: Top's is planning on building two new stores in
the near future; one at the old Thruway Mall site, and
another in the Fillmore/Ferry vicinity; and
Whereas:These proposed moves would not be very
accessible to the residents of the Greater Schiller Park
neighborhood;
Now, Therefore, Be It Resolved:
That the Common Council holds a Public Meeting on
Thursday, March 25, 1999, in Council Chambers, 13th Floor
City Hall, at 6:30, so that these residents can discuss the
proposed supermarket closing/relocation with
representatives of Top's Markets; and
Be It Further Resolved:
That the City Clerk's Office sends Top's officials a certified
letter requesting them to attend this meeting; and
Be It Finally Resolved:
That Representatives from the Buffalo Economic
Redevelopment Corporation (BERC) also be present to talk
about any efforts made at keeping Top's at the Genesee
Street site or other plans to bring another supermarket to the
area.
REFERRED TO THE COMMITTEE ON LEGISLATION &
THE BUFFALO ECONOMIC DEVELOPMENT
RENAISANCE CORPORATION AND TOPS MARKETS
NO. 145
By: Mr. Francyck:
BOND RESOLUTION
$1,000,000 BONDS
LOVEJOY INFRASTRUCTURE IMPROVEMENTS
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,000,000 General
Improvement Bonds of said City to finance the cost of
infrastructure improvements to various streets, curbs, and
sidewalks in the City's Lovejoy District, at the estimated total
cost of $1,000,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of One Million Dollars ($1,000,000),
pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"), to
finance the cost of infrastructure improvements to various
streets, curbs, and sidewalks in the City's Lovejoy District.
The estimated total cost of said class of objects or purposes
Page 54
99-0223.txt
for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $1,000,000 as set forth
in the duly adopted Capital Improvements Budget of said
City for fiscal year 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 Engineering, "Infrastructure
Improvements-Lovejoy District, 1998-99", Bond
Authorization Account No. 200-401, and shall be used for
the class of objects or purposes specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$1,000,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a)The period of probable usefulness applicable to
the class of objects or purposes for which the bonds
authorized by this resolution are to be issued within the
limitations of Section I 1.00 a. 20. of the Law, is fifteen (15)
years.
(b)Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if.
(a) Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(C)Such obligations are authorized in violation of the
provisions of the constitution.
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Introduced: February 23, 1999
LAID ON THE TABLE
NO. 146
By: Mr. Franczyk
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
DEPARTMENT OF PUBLIC WORKS
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $47,625 be and the same is
hereby transferred from the Department of Fire and said sum
is hereby reappropriated as set forth below:
From:
100 - General Fund
21-0 Department of Fire
085 - Capital Outlays
982 - Operating Equipment $47,625
To:
100 - General Fund
402 - Division of Buildings
085 - Capital Outlays
910 - Building Construction & Imprvemnts (Rm 209) $47,625
PASSED
AYES-12, NOES-0
NO. 147
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 $100,000 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 $100,000
To:
200 Capital Project Fund
401 - Division of Engineering
005 - Delavan Armory Demolition $100,000
(environmental remediation & demolition design)
PASSED
AYES-12, NOES-0
NO. 148
BY: MR. FRANCZYK
INCREASED APPROPRIATION
GENERAL CITY REVENUES - REIMBURSEMENTS BULK
GAS PURCHASES
GENERAL CITY CHARGES - GAS
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments in General
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City Charges - Gas (100-812000-00-223), be and the same
is hereby increased in the sum of $153,963.08.
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
From:
100 - General Fund
810-402-90050 - Reimbursement - Bulk Gas Purchases
$151,963.08
To meet the increased appropriation as set forth below:
To:
100 General Fund
812 - Miscellaneous Charges
223 - Gas $153,963.08
REFERRED TO THE COMMMTEE ON FINANCE
NO. 149
By: Mr. Franczyk
Transfer of Funds
General City Charges
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 $30,000 be and the same is
hereby transferred within General City Charges and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
81 - General City Charges
3 - Fringe Benefits
151 - NYS Police & Fire Retirement System $30,000
To:
100 General Fund
81 - General City Charges
1 - Grants In Aid - Human Services
298 -Northwest Buffalo Community Center $30,000
PASSED
AYES-12, NOES-0
NO. 150
By: Ms. Gray
Request Information on Upcoming Firefighter Exam
Whereas:The Buffalo Fire Department will soon
be recruiting applicants for the Firefighters exam, which will
be given on or around November 6, 1999; and
Whereas:Several questions have been raised
regarding the test process and requirements for recruits,
most notably EMT training that candidates must take prior to
being admitted to the academy. The special EMT training
costs $600 and must be completed before being accepted
into the academy. This is a costly move that would force
many candidates to give up on their dream of becoming a
Buffalo Firefighter; and
Whereas:This EMT training requirement opens up
the door to non-city residents; particularly volunteer
firefighters in the surrounding towns and villages who
already have this training. It also further hinders City
residents' opportunities for employment by the Buffalo Fire
Department; and
Whereas:Fire Departments throughout the
country regularly train their employees and make this special
EMT training a regular part of the ongoing education of their
employees; and
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Whereas:The cost of recruitment for this exam
has also become an issue, specifically who should be paying
it; the Fire Department or the Civil Service Commission;
Now, Therefore, Be It Resolved:
That the Commissioner of the Buffalo Fire Department
attend the next meeting of the Committee on Civil Service on
Tuesday, March 2, 1999, to discuss the upcoming
firefighters' exam and to update this Council on the
recruitment process; and
Be It Further Resolved:
That the Commissioner of Civil Service also attend the
next meeting of the Committee on Civil Service on Tuesday,
March 2, 1999, to discuss the exam and recruitment
process.
REFERRED TO THE COMMITTEE ON CIVIL SEBVICE,
THE, CIVIL SERVICE, COMMISSION AND THE
COMMISSIONER OF FIRE
NO. 151
By: Mr. Helfer
CREATE SENIOR CITIZEN INCENTIVE PROGRAM AT
ANIMAL SHELTER
Whereas:Officials from the City of Buffalo Animal
Shelter are striving to make the pet adoption process simpler
and more user-friendly; their goal is to place more pets with
people who are eager to love and care for them; and
Whereas:Senior citizens are often especially good
candidates to adopt pets. In addition to improving the
security in the home of a senior citizen, animals provide
companionship that has been proven to be beneficial to the
health and well-being of senior citizens; and
Whereas:Many of the senior citizens who are
interested in adopting pets are on fixed incomes; this makes
it difficult for them to afford the adoption fees; and
Whereas:The City of Buffalo Animal Shelter has
proposed the creation of a Senior Citizen Incentive Program
which would allow senior citizens to adopt animals at
reduced adoption fee rates;
Now, Therefore, Be It Resolved:
That the Buffalo Common Council hereby requests that the
Corporation Counsel prepare an ordinance amendment to
reflect the following fee structure, which includes a senior
citizen incentive program:
CURRENT FEES SENIOR CITIZEN INCENTIVE
PUPPY $20.50 for one-year license $20.50 for one-
year license
(under 3 mos.) + $25.00 adoption fee (adoption fee waived)
$45.50 TOTAL $20.50 TOTAL
ADULT $12.00 rabies shot $12.00 rabies shot
DOG $20.50 for one-year license + $20.50 for one-year
license
+$25.00 adoption fee (adoption fee waived)
$57.50 TOTAL $32.50 TOTAL
Be It Further Resolved:
That senior citizens who wish to take advantage of the
Senior Citizen Incentive Program will be required to show
Animal Shelter personnel their Mayor's Card for Senior
Citizens as verification of both residency and senior citizen
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status.
ADOPTED
NO. 152
By: Mrs. LoTempio
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Sec. 175-4 Emergency [Rescue and Response Services]
Medical Service Apparatus and Equipment Recovery,
The Commissioner of Fire shall establish a schedule of
reasonable fees to recover the costs to the department for
[emergency rescue and response services] the use of
apparatus and equipment in the provision of emergency
medical services incurred which are above and beyond the
normal range of service. The fee shall be charged to the
insurance carrier of the rescued individual or entity. In no
instance shall rescue and response services be denied for
lack of an insurance carrier. The rate for [rescue and
response services is as set forth below] equipment shall be
established by the Commissioner of Fire and shall be filed
with the City Clerk's Office. [Any list of rescue and response
services is not all inclusive and may be expanded in the
discretion of the Commissioner.]
[LIGHT DUTY VEHICULAR ACCIDENT - Circumstances
requiring traffic control, control of small fluid leaks, vehicle
stabilization, accident scene safety, use of minor tools,
patient care and stabilization.]
[Fee - $350.00]
[HEAVY DUTY VEHICULAR ACCIDENT - Circumstances
requiring hydraulic equipment or specialized rescue
techniques to aid the patient, circumstances requiring the
assistance of another fire unit.]
[Fee - $600.00]
[INDUSTRIAL RESCUE RESPONSE - Circumstances
carried out in an industrial setting, spills involving hazardous
material, rescues that require additional specialized
equipment above the standard fire response.]
[Fee - $700.00]
[DESTROYED OR CONTAMINATED EQUIPMENT - Any
equipment which is destroyed or contaminated at the rescue
or response scene will also be charged at the cost of the
replacement of the equipment.]
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
PASSED
AYES-12, NOES-0
NO. 153
BY: Dennis T. Manley
Police Inspectors Pre-scheduled Overtime.
Whereas:Presently, there is pre-scheduled
overtime while there is a vacancy that exist in the City of
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Buffalo Police Department, and
Whereas:The position of Police Inspector in the
City of Buffalo Police Department has a salary range of
$67,214.00, and
Whereas:The compensation received in overtime
shows clearly the need for this position to be filled by the
City of Buffalo, and
Now, Therefore, Be It Resolved:
That the Budget Office investigate the need to have the
Inspector Position filled on a full time basis.
Be It Finally Resolved:
That the Buffalo Police Commissioner respond to the
status of this position by the next Common Council meeting.
REFERRED TO THE COMMITTEE ON BUDGET AND THE
COMMISSIONER OF POLICE
NO. 154
By: Mr. Manley
TIFFT NATURE PRESERVE WETLANDS MANAGEMENT
PROJECT
Whereas:Tifft Nature Preserve is owned by the
City of Buffalo and is operated by the Buffalo Museum of
Science under the terms of a ten -year lease concluded in
1999; and
Whereas:The Buffalo Museum of Science is
proposing an undertaking involving the 75 acre cattail marsh
on the Preserve that is the Preserve's most significant
feature; and
Whereas:This wetland is the basis for the various
protective designations that the Preserve has been granted
by the City of Buffalo and the State of New York. It is the
primary reminder of the link to the character of this
landscape as it existed prior to its development as a port
facility in the 19th century. The cattail marsh is one of the
most significant of the wetlands remaining on the original
Lake Erie plain; and
Whereas:The marsh is the primary attraction for
much of Tifft's avian and amphibian fauna. The marsh also
accounts for a significant part of the flora types that are
found at Tifft today; and
Whereas:However, an excessive buildup of
vegetation in the marsh's waiters, the lack of water flow or
change in the water levels, and the pressure of introduced
floral species are having a negative impact on the marsh,
changing its character from a living topographical and
biological feature to one that is dying; and
Whereas:The Buffalo Museum of Science
proposes to introduce a program of active management of
the marsh. They would undertake certain dredging of the
marsh, creating water channels internal to the marsh and
building up a series of islands for waterfowl nesting. They
would also install a pump system to bring water from the
largest of the Preserve's ponds to the marsh and thereby
enable us to raise or lower water levels to meet the need of
the marsh's plants and animal life over the years.
Now, Therefore, Be It Resolved:
The Buffalo Museum of Science request that the City of
Buffalo approve their applications to the State of New York
and or related federal agencies for permits necessary to
undertake this work. Upon receiving approval form the City
of Buffalo, they would proceed to file and obtain permit
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approvals pursuant to the conditions set forth by the
Commissioner of Community Development and the City of
Buffalo Division of Planning.
ADOPTED
NO. 155
By: Mr. Pitts
CITY PLACEMENT OF STREET LIGHTING AT
CONVENTION CENTER
Whereas:The pole light which was part of the
Message Board, in front of the Convention Center has been
removed. This has left the area extremely dark during
evening activity hours; and
Whereas:The lack of adequate lighting has
caused patrons to complain about safety and aesthetics.
This is especially a concern for the Convention Center
Management Center because of its affect upon existing
potential business; and
Whereas:Placing street lighting at Genesee and
Franklin Streets would enhance public safety as well as
improve the image of the City and Convention Center.
Now Therefore Be It Resolved That:
The Common Council requests the Commissioner of
Public Works to plan and implement the placement of
adequate street lighting at Genesee and Franklin Streets in
front of the Convention Center.
Further Be It Resolved That:
This action be taken immediately and reported back to the
Common Council by its next stated meeting of March 9,
1999.
REFERRED TO THE COMMITTEE ON LEGISLATION THE
COMMISSIONER OF PUBLIC WORKS
NO. 156
By: Messrs. Pitts and Coppola, Mrs. Lotempio. Ms.
Gray, Mr. Quintana, Mr. Zuchlewski
REMOVE POWER CHOICE CLAUSES THAT CONSTRICT
RENEWABLE ENERGY
Whereas:A major flaw in the NYS Power Choice
Program was recently emphasized when a solar electric
power installation at the Buffalo Museum of Science was
delayed over "exit fees" that must be paid to Niagara
Mohawk under Power "Choice"; and
Whereas:"Exit fees" and "Competitive Transition
Charges" are mechanisms built into Power "Choice" to allow
Niagara Mohawk to charge consumers for investments the
company has made in current power generating facilities;
and
Whereas:To apply the exit fee concept to new
renewable energy projects is a regressive move that will
hinder the development of renewable energy in this State;
and
Whereas:If every new competitor has to pay for
any losses Niagara Mohawk may suffer as a result of their
success, Power Choice is a poor way to spur competition;
and
Whereas:This is analogous to a local firm setting
up a sneaker factory and having to pay Nike $5 for every
shoe sold - the antithesis of a competitive free market; and
Whereas:In effect, Niagara Mohawk has gone
from being a privileged, state sanctioned monopoly to a
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privileged, state protected business; and
Whereas:The recent incorporation of Buffalo's
Green Gold Development Corporation is designed to give
Buffalo area businesses whose products and services solve
environmental problems a competitive edge in the world
economy; and
Whereas:The development of renewable energy
is destined to be one of the most important environmental
solutions of the 21st century, and if Green Gold is to
succeed, an environment that encourages local companies
to develop renewable energy must be established; and
Whereas:The upstate economy has missed out
on the national economic recovery and it is important that
initiatives such as Green Gold be given every chance to
succeed; and
Whereas:The suppression of renewable energy
sources may well put New York's businesses and taxpayers
at a competitive disadvantage for decades to come; and
Whereas:The Museum of Science example is
particularly egregious because it reinforces the fact that even
small electricity consumers, including non-profit
organizations and residential consumers, face a barrier
when they consider a switch to renewable energy; and
Whereas:Because of Power "Choice" mandated
"exit fees," the City of Buffalo has recently ceased exploring
the development of windpower by the Buffalo Water
Authority as a means of saving money and keeping water
rates as low as possible
Now, Therefore, Be It Resolved That:
This Common Council request Governor Pataki and the
Chairman of the Public Service Commission to revise the
Power Choice program to remove exit fees for customers
switching to renewable sources of energy; and
NOW, THEREFORE BE IT RESOLVED:
That the Common Council requests the Corporation Counsel
to prepare a lawsuit against the payment of Exit Fees as a
result of switching to alternative and renewable sources of
energy on all city owned and funded facilities.
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this
resolution to Governor Pataki, to PSC Chairman Maureen
Helmer, to the Western New York State Legislature
delegation, to the Western New York Sustainable Energy
Association, to the Presidents of the NYS Energy Research
and Development Authority and the NY Power Authority,
and, to the Chairman of Niagara Mohawk.
ADOPTED
NO. 157
By: Messrs. Pitts and Coppola
RIGHT-OF-WAY AGREEMENTS
Whereas:There are a number of companies that
have agreements with the City of Buffalo to use the City's
right-of-way in order to do business; and
Whereas:In the case of Niagara Mohawk Power
Corp., no one has apparently been able to produce any type
of franchise agreement that gives Niagara Mohawk the
authority to operate in the City of Buffalo; and
Whereas:With the City considering proposals
regarding the future of electrical power in Buffalo, having this
information and a clear understanding of what it means is
critical; and
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Whereas:It is also important for the City to
assemble accurate and up-to-date copies of the
authorizations of all companies using Buffalo's right-of-way
so that we can more effectively monitor and regulate these
companies;
Now, therefore be it resolved:
That this Common Council requests that the Comptroller's
Office, Law Department, and Department of Public Works
assemble copies of the franchise agreements, contracts, or
other legal authorizations for each of the entities that are
currently using the City of Buffalo's right-of-way to deliver
services; and
Be it further resolved:
That if they are unable to locate any of these agreements,
the company be asked to provide a copy of legal justification
for using the City's right-of-way.
REFERRED TO THNE SPECIAL COMMITTEE ON
MUNICIPALIZATION, THE CORPORATION COUNSEL
AND THE COMPTROLLER
NO. 158
By: Mr. Quintana
Urge Buffalo Police Department to Apply for
Accreditation
Whereas:The Commission on Accreditation for
Law Enforcement Agencies (CALEA) has established a
voluntary accreditation program for law enforcement
agencies in association with the International Association of
Police Chiefs, the National Organization of Black Law
Enforcement Executives, the National Sheriff's Association,
and the Police Executive Research Forum; and
Whereas:CALEA was formed in 1997 to establish
a body of standards designed to help law enforcement
agencies in the following ways:
Increase agency capabilities to prevent and control crime
Increase agency effectiveness and efficiency in the
delivery of law enforcement services
Increase cooperation and coordination with other law
enforcement agencies and with other agencies of the
criminal justice system
Increase citizen and employee confidence in the goals,
objectives, policies and practices of the agency; and
Whereas:The CALEA accreditation process
allows law enforcement agencies the opportunity to
voluntarily demonstrate that they meet a predetermined set
of professional standards; and
Whereas:The CALEA standards provide a
description of what must be accomplished by the applicant
agency, but allows that agency wide latitude in determining
how it will achieve its compliance with each applicable
standard ; and
Whereas:There are five steps in the accreditation
process - application, self assessment, on-site assessment,
commission review, and maintaining compliance and
accreditation; and
Whereas:The accreditation process would be an
excellent way for Buffalo's Police Department to examine its
practices in a voluntary manner with an eye toward
upgrading any weak areas in the department's performance;
Now, Therefore, Be It Resolved That:
This Common Council requests Police Commission Diina
to initiate the process of CALEA accreditation for the Buffalo
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Police Department.
NO. 159
By: Messrs. Quintana and Helfer
REQUEST STREET SANITATION COMMISSIONER TO
INVESTIGATE USE OF THE GREEN MACHINE FOR
CLEANING AND CLEARING CITY SIDEWALKS AND
STREETS
Whereas:The Green Machine is a 14 horsepower
vehicle that is designed to fill a mid-level niche in urban
street cleaning programs; and
Whereas:Used successfully in Chicago, Syracuse
and several other cities, the Green Machine works well for
cleaning wide sidewalks and narrow streets; and
Whereas:This piece of sweeping equipment has a
plow attachment for light snows in the winter and a liquid
spreader that can spread disinfectant in warmer weather and
deicer in the colder months; and
Whereas:The Green Machine would allow the
Street Sanitation Department to more effectively care for
downtown and commercial district sidewalks along with
some of the city's narrower streets; and
Whereas:The Green Machine is produced by
Applied Sweepers, which has a US headquarters in Sharon
Hill, Pennsylvania;
Now, Therefore, Be It Resolved That:
This Common Council requests the Commissioner of
Street Sanitation to consider the advantages of the Green
Machine, and, if feasible, to include funds for purchasing
several of these machines in the upcoming City budget; and
Be It Further Resolved That:
This Common Council invites the Mayor and the
Commissioner of Street Sanitation to a demonstration of the
Green Machine to be held on Monday, March 8th at 10:00
AM at the Grant-Ferry International Marketplace.
ADOTED
NO. 160
By: Mr. Quintana
Request Signature Plaza for Peace Bridge
Whereas:Recent high estimates for the cost of
twinning the Peace Bridge have renewed debate on the type
of bridge that is appropriate for our international border
crossing; and
Whereas:The high costs reinforce the advantages
of the proposed Superspan design and provide another
opportunity to raise the important question of what type of
plaza will greet visitors as they enter the United States
through the Queen City of the Great Lakes; and
Whereas:A "Signature Plaza", with an attractive
natural setting, an inviting visitor's center, and a clear means
of egress to the Niagara Street corridor, would be a great
addition to our region; and
Whereas:The recently completed Waterfront
Regeneration Trust Gateway report points the way toward a
more progressive vision for a Signature Plaza; and
Whereas:In designing the plaza, all alternatives
should be considered, particularly the notion of moving the
plaza northward to free up Front Park for a full restoration - a
move that would increase property values throughout the
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Lower West Side and
Whereas:Front Park was Olmsted's favorite,
designed to frame a sweeping panorarria of the river, lake
and city skyline; and
Whereas:The development of the Niagara River
Parkway and the Buffalo Riverwalk and Greenway System
have also opened up a major opportunity to link these two
attractions through the bridge and plaza and this link should
be featured prominently in plans for pedestrian and bike
lanes on both the bridge and the plaza; and
Whereas:The Ammex Duty Free Shop has a free
standing building on the bridge plaza and has expressed
interest in developing a joint visitor's center/duty free building
on the new plaza; and
Whereas:An Inviting and attractive visitor's center
that helps point people to Front Park and tile attractions of
Buffalo's waterfront, downtown and West Side, is a crucial
feature that would make the new plaza an improvement over
the current one; and
Whereas:The increased cost of twinning the
bridge should not be used as an excuse for skimping on the
design of the plaza;
Now, Therefore, Be It Resolved That:
This Common Council requests the Council President's
Super Span Task Force to take the lead in working with the
Peace Bridge Authority to develop a design for tile Peace
Bridge Plaza that maximizes its benefit to our region; and
Be It Further Resolved That:
The plaza should include a visitor's center, a prominent,
convenient and safe route for cyclists and pedestrians; easy
egress to Niagara Street, and a location that maximizes the
opportunity to restore Front Park; and
Be It Further Resolved That:
To avoid a piecemeal approach that may box us all into a
corner, Mayor Masiello is hereby requested to adopt a policy
under which no City permits, licenses, easements or other
permissions be given to the Peace Bridge Authority until a
full and satisfactory plan for the bridge and plaza have been
adopted and committed to by the Peace Bridge Authority;
and
Be It Finally Resolved That:
Certified copies of this resolution be sent to Mayor
Masiello, to the Buffalo and Fort Erie Public Bridge Authority,
to the Olmsted Parks Conservancy, to Governor Pataki, to
Mayor Redekop of Fort Erie, to Thomas B. Daniels,
President of the Ammex Division of World Duty Free
Americas, Inc., and to the Waterfront Regeneration Trust.
REFERRED TO THE SPECIAL COMMITTEE ON
SUPERSPAN
NO. 161
By: Barbara Miller-Williams
ERECT BANNERS ON LIGHT POSTS LOCATED ON
BNFC DRIVE, GETHSEMANE SQUARE AND GRAPE
STREET.
Whereas:The Gethsemane Missionary Baptist
Church located at 55 Grape Street is having a Fiftieth
Anniversary Celebration; and
Whereas:They have requested to place twelve
banners on street lamp poles located along BNFC Drive,
Gethsemane Square and Grape Street; and
Whereas:These banners are being designed and
will be in double flag form; and
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Whereas:The Gethsemane Missionary Baptist
Church would like to keep these banners up for
approximately 9 months;
Now, Therefore, Be It Resolved:
That this Common Council grants permission to the
Gethsemane Missionary Baptist Church to erect the double
flag banners pursuant to the requirements provided by the
City Code and the conditions set forth by the Commissioner
of Public Works.
PASSED
AYES-12, NOES-0
NO. 162
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for RODNEY I RICHARDSON/ALPHA KAPPA
ALPHA FOUNDERS AWARD By Councilmember JAMES
PITTS AND CHARLES MICHAUX
Felicitation for NELSON E. TOWNSEND /ALPHA KAPPA
ALPHA FOUNDERS DAY AWARD By Councilmember
JAMES PITTS AND CHARLES MICHAUX
Felicitation for DR. LISA NICHOLAS /ALPHA KAPPA
ALPHA SORORITY By Councilmember JAMES PITTS AND
CHARLES MICHAUX
Felicitation for BETTY J. PITTS-FOSTER/ALPHA KAPPA
ALPHA, FOUNDERS. AWARD By Councilmember
JAMES PITTS AND CHARLES MICHAUX
Felicitation for RITA FRASIER/ALPHA KAPPA ALPHA
FOUNDERS. DAY, AWARD By Councilmember JAMES
PITTS AND CHARLES MICHAUX
Felicitation for DR, W. JOYE HARDIMAN/ALPHA KAPPA
ALPHA FOUNDERS DAY AWARD By Councilmember
JAMES PITTS AND CHARLES MICHAUX
Felicitation for ELDER AND MRS, REED/ALPHA KAFFA
ALPHA FOUNDERS' DAY AWARD By Councilmember
JAMES PITTS AND CHARLES MICHAUX
Felicitation for DR. ELMER MANGUM/CELEBRATI.ON OF
WOMENHOOD By Councilmember BEVERLY GRAY
JAMES PITTS BYRON BROWN B. MILLER-WILLIAMS.,
Felicitation for DR. CUR LANE JONES BROWN
CELEBRATION OF WOMENHOOD By Councilmember B.
MILLER-WILLIAMS, B. GRAY, JAMES PITTS, BYRON
BROWN
Felicitation for REVEREND KING By Councilmember B.
MILLER WILLIAMS, BYRON BROWN JACKIE JOCKO AND
JOE PETERS/LQUNGE WIZARDS EXT DAY By
Councilmember CHARLES Ml CHAUX AND JAMES PITTS
ADOPTED.
NO. 163
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
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2000 , conditional upon tile person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
KIMBERLY S. KRZEMIEN
KRISTINA SMITH
JOCELYN M. VIOLA
ADOPTED
NO. 164
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 filing same
with the City Clerk:
Frank DiJames
James P. Dunphy
David Grundy
Brian Higgins
Kevin D. Klenk
Joseph M. Latona
Douglas E. Randall
Keith M. Rathbun
Dawn E. Sanders
Patrick M. Sullivan
Roger Parsons
ADOPTED
UNFINISHED BUSINESS
NO. 165
BOND RES. -$150,000-EDDIE DAWSON PLAYGROUND
(RES. #172-C.C.P., FEB. 9, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Brown
PASSED.
AYES-12, NOES-0
NO. 166
BOND RES. -$8,300,000-RECONST. VAR. SCHOOLS
(RES. # 173 -C. C.P., FEB. 9, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Brown
PASSED.
AYES-12, NOES-0
NO. 167
BOND RES. -$8,300,000-N.W. ACADEMY-PHASE III
(RES. # 174-C. C. P., FEB. 9, 1999)
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Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Brown
PASSED.
AYES-12, NOES-0
NO. 168
BOND RES. -$3,400,000-SCHOOL PLANNING & DESIGN
(RES. #175-C.C.P., FEB. 9, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Brown
PASSED.
AYES-12, NOES-0
NO. 169
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13th floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Civil Service Tuesday, March 2, 1999 at 9:30 o'clock A.M.
Finance Tuesday, March 2, 1999 following Civil Service
Legislation Tuesday, March 2,, 1999 at 2:00 o'clock P.M.
Committee on Community Development Wednesday March
3, 1999 at 10:00 o'clock A.M.
Committee on Education Yet to be determined.
Ancillary Meetings
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday, February 24, 1999 at 2:00
o'clock P.M. in Room 1417 City Hall.
Special meeting from Legislation to talk about Res. 103,
January, 26, 1999 proposed ordinance change on Tuesday,
March 2, 1999 at 6:30 p.m. in Council Chambers.
Special Committee on Budget will be meeting on
Wednesday, March 3, 1999 at 1:00 o'clock P.M. in Room
1417 City Hall.
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.
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.
Gretchen A. Pound
Council Reporter
NO. 170
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mrs.
Williams the Council adjourned at 3:50 PM.
CHARLES L. MICHAUX, III
CITY CLERK
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