HomeMy WebLinkAbout99-0209
99-0209.txt
No. 3
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 9, 199
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, 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
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
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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 9, 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
January 29, 1999 were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT OF MEMBER TO THE
BUFFALO MUNICIPAL HOUSING AUTHORITY
Pursuant to the powers vested in me by Subdivision 2,
Section 30 of the Public Housing Law, I hereby appoint
Charles J. Flynn, residing at 350 Abbott Road, Buffalo, New
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York 14222, as a member of the Buffalo Municipal Housing
Authority. He is replacing Donald A. Ort whose term expired
October 19, 1998. Mr. Flynn's term will expire October 19,
2003.
Mr. Flynn has numerous experiences in the real estate
business. At the present time he is a Hearing Officer, New
York State Supreme Court-Small Claims Assessment
Review (SCAR) He is the owner of Erie Relocation Realty,
Inc. in the City of Buffalo.
I hereby certify that the above named individual is fully
qualified to serve as a member of the Buffalo Municipal
Housing Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNCIL, THE DIRECTOR OF
COLLECTIONS AND THE COMPTROLLER
NO. 2
1999-00 RECOMMENDED BUDGET NORTH AMERICARE
PARK
I hereby transmit to your Honorable Body my 1999-00
recommended budget for the North AmeriCare Park
Enterprise Fund pursuant to Local Law and Section 295.9(c)
of the City Charter. This budget covers operating costs and
debt service requirements for North AmeriCare Park's 1999-
00 fiscal year which runs from April 1 through March 31.
The appropriations recommended in this budget are
sufficient to meet our obligations under the lease agreement
but provide no frills. As you are aware, every line item has
been reduced over the past several fiscal years.
Once again this budget relies on optimistic revenue
estimates in order to balance. If revenues fail to meet
budget estimates, the Enterprise Fund will run a deficit that
will ultimately become the obligation of the City General
Fund. In 1997-98, the Enterprise Fund ran a deficit of
$417,430 which is covered in this recommended budget by a
transfer from the General Fund (see Resources).
Operations at North AmeriCare have not been self-
sustaining for several fiscal years and this will, in all
likelihood, continue to be case until the Park can draw more
users and more events.
I respectfully request that your Honorable Body approve the
budget I am submitting for I believe it to be the best we can
do in light of declining revenues at the Park. Any further cuts
in expenditures will, in my opinion, result in our inability to
adequately meet our obligations under the lease agreement
with the Bisons.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 3
ORD. AMEND.-CHAPTER # 409 STATUEJMON.
#100 C.C.P. JAN 26,1999
Thank you for referring the above item to our attention.
The Buffalo Arts Commission is pleased to endorse this item
and encourages your Honorable Body to -Vote on its
immediate passage.
We believe this ordinance will have a positive influence on
the quality of life in Buffalo by making provisions for the
inclusion of art in public places.
We look.forward to carrying out the responsibilities of this
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ordinance and providing the leadership necessary to
establish the policies and procedures to insure its success.
As designated, the Buffalo Arts Commission will submit rules
and regulations to be approved by your Honorable Body
within six months of the effective date.
Please feel free to contact us with any questions you may
have regarding this item.
Thank you again for-your support of this important program.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY PLANNING BOARD
NO. 4
1896 FILLMORE AVE.
ACCESSORY AND NON-
ACCESSORY POLE SIGNS
ITEM NO. 48, C.C.P. 1/26/99
The City Planning Board at its regular meeting held
Tuesday, February 2, 1999, considered the matter captioned
above pursuant to Section 387-19 of the Buffalo Code,
Application for ground, pole, or billboard permit.
The applicant seeks to erect an illuminated 14lx48lx4O'
billboard sign and a 10lx3O'x4Of accessory sign located
1896 Fillmore Ave. Under SEQR the proposed signs are
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to deny the proposed signs
because the "C1" zoning district prohibits such signs.
RECEIVED AND FILED
NO. 5
24 MEMORIAL DRIVE
NEW LIFE RESIDENTIAL
HALF-WAY HOUSE
ITEM NO. 49, C.C.P. 1/26/99
The City Planning Board at its regular meeting held
Tuesday, February 2, 1999, considered the matter captioned
above pursuant to Section 511-94 and 511136 of the Buffalo
Code, Half-way Houses and Use permit required for human
service facilities, respectively.
The applicant seeks to convert an existing rooming house
into a half-way house at 24 Memorial Dr. Under SEQR the
proposed half-way house is considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board found no concentration of similar uses
and recommends approval of the half-way house.
RECEIVED AND FILED
NO. 6
PROPOSED LANDMARK DESIGNATION ]
THE SWANNIE HOUSE
170-174 OHIO STREET
BUFFALO, NY 14203
At its regular meeting January 28, 1999, the Buffalo
Preservation Board, having conducted a public hearing on
December 3, 1998, as required by the Preservation
Standards of the Buffalo Code, recommended designation of
the Swannie House, 170-174 Ohio Street, as a local historic
landmark.
This recommendation is the result of findings contained in a
report prepared by the Board's Landmark Designation
Committee. A copy of the Committee's report and the
Landmark Application/Photos are enclosed for your
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information (refer to attachments 1 & 2).
The Preservation Board determined that this structure meets
the following criteria specified in the Code for Landmark
Designation:
a)It has character, interest or value as part of the
development, heritage or cultural characteristics of the City
of Buffalo;
b)The saloon built in 1893 was a prominent fixture within the
Buffalo Waterfront and heavy industrial era prior to the turn
of the century. The three story masonry building is a
handsome example of the vernacular commercial
architecture once common place on our waterfront.
Pursuant to Article III, Section 337-9 through 12 of the
Preservation Standards, the Committee on Legislation shall
hold a public hearing on this item and report back to the
Common Council with a recommendation on its findings.
For your information, the owner of record supports the
proposed landmark designation (refer to Attachment 3).
The owner(s) is: Timothy Wiles 170-174 Ohio St. Buffalo,
New York 14203
For the record, the vote by the Buffalo Preservation Board
on this item was as follows: AYES:Guerra, Kimberly,
Lydon, Masters,, Priebe NAYES: None ABSENT: Gurney,
Laping Motion carried.
The application was prepared by Thomas E. Leary and
Elizabeth C. Sholes, of the Industrial Research Associates
and submitted by the Preservation Coalition of Erie County.
If you have any questions, contact Thomas W. Marchese,
Board Secretary, at extension 5029.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
NO. 7
ACQUISITION OF 1790 CLINTON STREET IN
CONJUNCTION WITH THE
NEW MACHNICA COMMUNITY CENTER
The Department of Public Works has requested the
Comptroller's Office, Division of Real Estate to negotiate a
sale price for the acquisition of 1790 Clinton Street. This
property is needed in conjunction with the new Machnica
Community Center. They have indicated that funds for this
acquisition are available in CPF 202402-504 Account.
The property is located 65' east of Kopernik and is situated
on a lot having a frontage of 34' and a depth of 120' feet
more or less. It consists of a two-story, wood frame mixed-
use commercial building having one retail unit and two
apartments. The building contains approximately 4,128
square feet plus or minus. The property is owned by Peter &
Mary Panagoulacos of 57 Chipman, North Tonawanda, New
York 14120.
The results of our negotiations are that we have reached an
agreement with Peter & Mary Panagoulacos, owners of 1790
Clinton Street, for the City to acquire the property in the
amount of Sixty-Five Thousand Dollars ($65,000.00). This
agreement is contingent on a final approval of the purchase
price by the Common Council and the Mayor.
I am recommending that Your Honorable Body approve the
purchase price of Sixty-Five Thousand Dollar's ($65,000.00).
1 am further recommending that the Corporation Counsel
prepare the necessary documents for the acquisition of the
property and that the Mayor be authorized to execute the
same.
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Mrs. LoTempio moved:
That the above communication from the Department of
Comptroller dated January 14, 1999, be received and filed;
and
That the Comptroller be, and he hereby is authorized to
acquire 1790 Clinton Street from Peter and Mary
Panagoulacos, residing at 57 Chipman, North Tonawanda,
in the sum of Sixty-Five Thousand Dollars ($65,000.00) for
the sale of 1790 Clinton Street; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the acquisition of the property and
that the Mayor be authorized to execute the same.
PASSED
AYES - 12 NOES - 0
NO. 8
BUFFALO URBAN RENEWAL AGENCY
FINANCIAL STATEMENTS AND SUPPLEMENTARY
INFORMATION
FOR YEAR ENDED JUNE 30, 1998
This is to advise that a copy of the Buffalo Urban Renewal
Agency Financial Statements and Supplementary
Information for the year ended June 30, 1998 has been
delivered to each Councilmember, the Common Council
Chief of Staff, the City Clerk, the Mayor, Commissioner of
Administration and Finance, and to certain staff of the
Buffalo Urban Renewal Agency.
Pursuant to amendments of Section 35 of the General
Municipal Law, which took effect January 1, 1989, Your
Honorable Body may, in its discretion, provide to the State
Comptroller and file with the City Clerk a written response to
the findings and recommendations in this report no later than
ninety days after its receipt, or May 10, 1999.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, AND THE BOARD OF URBAN
RENEWAL AGENCY
NO. 9
CERTIFICATE OF NECESSITY
CAPITAL BUDGET AMENDMENT
AUTHORIZATION FOR ADDITIONAL CAPITAL
INDEBTEDNESS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 359 of
the Charter, that it is necessary to authorize an increase in
indebtedness for Capital Projects Program, provided by the
Common Council prior to July 1, 1998 for the ensuing fiscal
year, by adding the following item:
200 Capital Projects
402 Division of Buildings
Removal of Underground Tanks $899,850
Removal and Replacement of
Underground Tanks$1,138,350
Upgrade of Existing Underground Tanks $ 599,800
RECEIVED AND FILED
NO. 10
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
FUND BALANCE
PARKING ENFORCEMENT
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
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Charter, that an increase in the sum of $1,200,000 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Division of Parking
Enforcement, to meet a contingency which could not have
been reasonably foreseen when the budget was adopted.
The amount of increased appropriation will be met from
account 100-890-060 Fund Balance Unreserved, not
otherwise appropriated for any other purpose. The details of
the requirements are set forth below:
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) $1,200,000
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 $122,411.54 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 $122,411.54 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 $122,411.54
RECEIVED AND FILED
NO. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
DIVISION OF TREASURY
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 $2,375 be
transferred and reappropriated from the Department of Fire
Exempt Items, as set forth below:
From:
100 General Fund
21-0 Department Of Fire
085 Exempt Items
982 - Equipment & Furnishings $2,375
To:
100 General Fund
06 - Department of Administration & Finance
5 - Division of Treasury
085 - Exempt Items
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982 - Equipment & Furnishings $2,375
RECEIVED AND FILED
NO. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
PUBLIC WORKS - BOND FUNDS
COMMUNITY DEVELOPMENT - BOND FUNDS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $500,000
minus the cost of issuance be transferred and
reappropriated from the Department of Public Works -
Capital Projects Fund, as set forth below: The amount to be
transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not
be needed at this time for the purpose for which they were
appropriated.
From:
203 Capital Projects Fund
402 - Division of Buildings
020 - School #62 Phase 11 $500,000 minus cost of
issuance
To:
203 Capital Projects Fund
717 - Division of Development
502 - School #62 Community Center $500,000 minus cost
of issuance
RECEIVED AND FILED
NO. 14
REPORT OF AUDIT
DEPARTMENT OF PUBLIC WORKS
ERIE BASIN MARINA
ITEM NO. 4, C.C.P. 12/26/98
In response to the directive requiring the Comptroller to
file audit reports with the Common Council, I hereby submit
copies of Erie Basin Marina Financial Statement (compiled)
for the period January 1, 1998 to December 31, 1998.
We have compiled the accompanying Income Statement and
related notes for the Erie Basin Marina as of December 31,
1998 for analysis purposes of the Division of Engineering.
REFERRED TO THE SPECIAL COMMITTEE ON MARINA
TASK FORCE
FROM THE COMMISSIONER OF ASSESSMENT
NO. 15
J. FENNIE
REQUEST FOR REFUND
170 W. CHIPPEWA
ITEM NO. 66, CCP 12/29/98
The above item was referred to this office for a response.
The parcel assessed as 170 West Chippewa was foreclosed
by the City of Buffalo for unpaid city taxes on October 6,
1997. The successful bidder was James R. Fennie of 25
Harding Road, Buffalo, New York and the amount of his bid
was $36,000. Mr. Fennie, pursuant to the agreement of
sale, paid as a deposit at the time of the sale $7,200 which is
twenty percent (20%) of the bid price. The terms and
conditions of the Agreement of Sale which he agreed to at
the time of his successful bid, in Paragraph 3 and 5, as
follows:
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"(3) The balance of the bid price must be paid in CASH OR
BY MONEY ORDER, CERTIFIED OR TRAVELER'S
CHECKS PAYABLE ONLY TO MARILYN J. SMITH,
REFEREE, ON OR BEFORE FRIDAY, November 7, 1997,
(the "SETTLEMENT DATE") at 117 City Hall."
"(5) If purchaser fails to pay the bid price and bring all
obligations to the City, its authorities and agencies current by
the "Settlement Date,"' the Referee will declare all monies
forfeited and All resell the property."
Since Mr. Fennie failed to pay the balance of the bid price by
November 7, 1997, the Referee, Marilyn J. Smith, declared
Mr. Fennie and all purchasers who failed to comply with the
terms of the Agreement in default and the monies paid
forfeit. On January 16, 1998, a court order signed by
Timothy J. Drury was granted declaring the purchasers in
default and forfeiture of all monies.
In regards to the lien that was filed by the Buffalo Urban
Renewal Agency, it is suggested that this communication be
referred to the Law Department for a response.
Enclosed is a copy of the Agreement of Sale signed by Mr.
Fennie.
REFERRED TO THE COMMITTEE ON FINANCE FROM
NO. 16
THE COMMISSIONER OF PUBLIC WORKS
NOTIFICATION SERIAL #9116
INSTALL HANDICAPPED PARKING
KENSINGTON AVENUE
SOUTH SIDE FROM THE WEST BUILDING LINE OF 1061
KENSINGTON TO A POINT 20' EAST 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
Kensington Avenue, south side from the west building line of
1061 Kensington Avenue to a point 20' east therefrom
PERIOD OF HANDICAPPED PARKING
At all times
This serial properly installs one (1) handicapped parking
space on Kensington for the office of Akilowu A. AkiwUmi,
MD. F.R.C.S. at 1061 Kensington Avenue.
NOTIFICATION SERIAL #9117
INSTALL STOP SIGN IN
ROOSEVELT AVENUE
AT ROOSEVELT PLAYGOUND PARKING AREA
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
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
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thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Roosevelt Avenue Roosevelt Playground Parking Area
This action is being taken in order to provide for the safety of
patrons utilizing the playground and the playground parking
area.
NOTIFICATION SERIAL #9118
INSTALL STOP SIGN IN
MARTHA AVENUE
AT ROOSEVELT PLAYGOUND PARKING AREA
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
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Martha Avenue Roosevelt Playground Parking Area
This action is being taken in order to provide for the safety of
patrons utilizing the playground and the playground parking
area.
NOTIFICATION SERIAL #9119
INSTALL STOP SIGNS (ALL-WAY) IN
CORNELL STREET
AT MERRIMAC STREET
STOP SIGNS (ALL-WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Cornell Street Merrimac Street
This action is being taken in order to provide safe
intersection control at this location due to the hazardous
stopping conditions on the incline of Merrimac Street in
inclement weather.
NOTIFICATION SERIAL # 9120 INSTALL NO PARKING
ON LYMAN STREET, NORTH SIDE FROM LEWIS
STREET
TO A POINT 1 90' EAST THEREFROM
NO 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 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY
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Lyman Street, north side from Lewis Street to a point 190'
east therefrom
PROHIBITED PERIOD
at all times
This action is being taken at the request of the District
councilmember and Msgr. Sciera in order to maintain
access to Precious Blood Church during periods of
excessive congestion.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 17
CHANGE IN CONTRACT
CITY COURT EXTERIOR RECONSTRUCTION
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the City Court Exterior Reconstruction, General
Construction, Almeter-Barry Construction Management, Inc.,
C #91949800.
1.Cut open precast to precast panel joints on the North
and East elevations Add $11,040.00
2.Costs for Judge's elevator shaft reconstruction beyond
contract allowance. Add 2,410.00 3. Restoration of Judge's
Suite and Suite 218. Add $10,000.00
The foregoing change results in a net increase in the
contract of Twenty Three Thousand Four Hundred Fifty and
00/100 Dollars ($23,450.00).
Summary Original
Amount of Contract $224,045.00
Change Order #1 (CCP 9/8/98; item #66) Add $ 36,150.00
Change Order #2 (CCP 9/8/98; item #65) Add $ 78,828.00
Change Order #3 (CCP 12/1/98; item #29)Add $ 12,432.00
Amount of This Change (No. 4) Add $ 23,450.00
Revised Amount of Contract $374,905.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Barton, Hovey, Nardini & Tries) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in 200-402-014
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.
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. 4, to Almeter-Barry
Construction Management, Inc., an increase in the amount
of $23,450.00, as more fully described in the above
communication, for work relating to City Court Exterior
Reconstruction, General Construction, C #91949800. Funds
for this project are available in 200-402-014 - Division of
Buildings.
PASSED
AYES - BROWN, FONTANA, FRANCZYK, GRAY,
HELFER, LOTEMPIO, MANLEY, QUINTANA, WILLIAMS,
ZUCHLEWSKI-10
NOES-COPPOLA, PITTS-2
NO. 18
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
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STAGE EXPANSION PROJECT
CONTRACT 109 - CARPENTRY/DRYWALL/
CEILINGS/INTERIOR SPECIALTIES
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Carpentry/Drywall/Ceilings/Interior
Specialties, Contract 109, Boxhorn's - Division of Huber
Const., C #91938400.
1.Additional fireproofing required at new column near
elevator shaft. Add $565.00 2. Install soffit around
steamlines in existing basement. Add $ 1,765.00
3.Install drywall shaft enclosure below the third floor
to provide fire rating for duct shaft near elevator. Add
$398.00
The foregoing change results in a net increase in the
contract of Two Thousand Seven Hundred Twenty Eight and
00/100 Dollars ($2,728.00).
Summary: Original Amount of Contract $ 590,940.00
Net Change by Previous Change Orders $(174,922.00)
Contract Sum Prior to This Change Order $ 416,018.00
Amount of This Change Order (#4)Add $ 2,728.00
New Contract Sum to Date $ 418,746.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 4, to Boxhorn's - Div.
of Huber Const., an increase in the amount of $;728.00, as
more fully described in the above communication, for work
relating to Shea's Performing Arts Center, Stage Expansion
Project, Carpentry/DrywalVCeilings/Interior Specialties,
Contract 109, C #91938400. Funds for this project are
available in CPF 292-402-001 - Division of Buildings.
PASSED
AYES - 12 NOES - 0
NO. 19
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 102 - DEMOLITION
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Demolition Work, Contract 102, USA
Remediation Services, Inc., C #91940300.
1 .Construction of beam pockets for the fly floor and
attic framing near the duct shaft. Add $ 6,419.00
2.Additional and out of sequence demolition required
to coordinate the new steel erectionAdd $ 3,780.00
3.Demolition required to erect new tube column near
column 47. Add $314.00
4.Additional demolition required to allow for proper
Page 12
99-0209.txt
connection to mezzanine louver Add $2,069.00
5.Asbestos abatement required for steam piping that
was re-routed due to obstructions in basement.
Add $816.00
6.Additional demolition required to accommodate a change
in the transfer girder connection. Add $575.00
7.Credit for change order extras to Contracts 104 and 119
due to damage of power panel created by this
contractor. Deduct $3,391.00
The foregoing change results in a net increase in the
contract of Ten Thousand Five Hundred Eighty Two and
00/100 Dollars ($10,582.00).
Summary: Original Amount of Contract $438,000.00
Net Change by Previous Change Orders $ 1,431.00
Contract Sum Prior to This Change Order $439,431.00
Amount of This Change Order (#2) Add $ 10,582.00
New Contract Sum to Date $450,013.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 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 USA Remediation
Services., an increase in the amount of $10,5 82. 00, as
more fully described in the above communication, for work
relating to Shea's Performing Arts Center, Stage Expansion
Project, Demolition Work, Contract 102, C #91940300.
Funds for this project are available in CPF 292-402-001 -
Division of Buildings.
PASSED
AYES - 12 NOES - 0
NO. 20
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 119: ELECTRICAL
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Electrical, Contract 119, Frey Electric
Construction Co., Inc., C #91938700.
1. Electrical premium time for second shift work to keep
masonry contractor on schedule. Add $ 8,523.00
2.Change the distributed dimming system to a central
dimming system. Deduct $46,214.00
3. Provide electrical service to elevator sump pumps.
Add $1,232.00
4. Revise light fixture schedule for project. Add $15,061.00
5. Repair damaged power panel. Add $1,551.00
6. Provide new terminal strips to the existing house dimming
system boards. Add $ 1,197.00
The foregoing change results in a net decrease in the
Page 13
99-0209.txt
contract of Eighteen Thousand Six Hundred Fifty and 00/100
Dollars (-$18,650.00).
Summary: Original Amount of Contract $1,947,700.00
Net Change by Previous Orders Add $ 15,134.00
Contract Sum Prior to this Change Order $1,962,834.00
Amount of This Change Order (#5) Deduct $18,650.00
New Contract Sum to Date $1,944,184.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are to be credited to CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 5, to Frey Electric
Construction Co., Inc., a decrease in the amount of
$18,650.00, as more fully described in the above
communication, for work relating to Shea's Performing Arts
Center, Stage Expansion Project, Electrical, Contract 119, C
#91938700. Funds for this project are to be credited to CPF
292-402-001 - Division of Buildings.
Passed
AYES-12, NOES-0
NO. 21
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 117 - FIRE PROTECTION
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Fire Protection Work, Contract 117,
Allied Fire Protection Systems, Inc., C #91938500.
1. Install additional fire protection work including chains/
locks for the valves, new hose connections and replacement
of spinkler heads int he basement of the existing building.
Add $ 5,175.00
2. Additional labor to install fire protection equipment around
new foundation at columns G.2, G.3 and GA. Add 345.00 3.
Install dry pendants at the loading dock.
Add $ 1,260.00
The foregoing change results in a net increase in the
contract of Six Thousand Seven Hundred Eighty and 00/100
Dollars ($6,780.00).
Summary: Original Amount of Contract $ 196,600.00
Amount of This Change Order (# 1) Add $6,780.00
New Contract Sum to Date $ 203,380.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Page 14
99-0209.txt
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. Lotmepio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 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 Allied Fire
Protection Systems, Inc., an increase in the amount of
$6,780.00, as more fully described in the above
communication, for work relating to Shea's Performing Arts
Center, Stage Expansion Project, Fire Protection Work,
Contract 117, C #91938501). Funds for this project are
available in CPF 292-402-001 - Division of Buildings.
Passed
AYES-12, NOES-0
NO. 22
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 103 - GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, General Construction, Contract 1 03, C.
H. Byron Co., Inc., C #91938800.
1. Remediation of contaminated soil discovered on site
including set up of bio-cell, premium time to accelerate the
schedule, safety consulting, and trucking. Add $ 28,751.00
2. Removal of existing foundation discovered on site.
Add $ 3,852.00
3. Construction of 13 beam pockets required for steel
erection. Add $6,914.00
4. Modify footing under the elevator shaft.
Deduct $3,061.00
5. Additional waterproofing required on the elevator sump pit
walls. Add $ 630.00
6. Construction of sheet piling coffer dams, pumping and
testing associated with water/running silt condition
discovered on site. Add $ 49,621.00
7. Additional reinforcing steel required. Add 329.00
8. Foundation and door changes required at Stair B.
Add $ 1,885.00
9. Additional concrete pads and pump equipment required
at columns G.2, G.3 and GA. Add $1,428.00
10. Provide flowable fill in lieu of stone along the exterior
perimeter. Deduct $7,343.00.
11. Omit construction photos from this contract.
Deduct $1,600.00
12. Addition of four (4) concrete piers and relocation of
staging fence to expedite crane access for steel erection.
Add $ 10,276.00
13. Value of sheet piling left in place to stabilize foundation.
Add $ 4,619.00
14. Additional concrete required to enclose duct shafts in
penthouse. Add $774.00
The foregoing change results in a net increase in the
contract of Ninety Seven Thousand Seventy Five and 00/100
Dollars ($97,075.00).
Summary: Original Amount of Contract $2,378,000.00
Net Change by Previous Change Orders $ (176,614.00)
Contract Sum Prior to This Change Order $2,201,386.00
Page 15
99-0209.txt
Amount of This Change Order (#3) Add $97,075.00
New Contract Sum to Date $2,298,461.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 3, to C. H. Byron
Co., Inc., an increase in the amount of $97,075.00, as more
fully described in the above communication, for work relating
to Shea's Performing Arts Center, Stage Expansion Project,
General Construction, Contract 103, C #91938800. Funds
for this project are available in CPF 292-402-001 - Division
of Buildings.
Passed
AYES-12, NOES-0
NO. 23
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 118 - HVAC WORK
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, HVAC Work, Contract 118, Joseph
Davis, Inc., C #91941600.
1. Delete fin radiation on the south wall of the mezzanine.
Deduct $ 891.00
2. Delete the fin radiation and associated piping in Rooms
216, 218 and 221. Deduct $ 1,457.00
3. Install closure angles and firestopping around new
ductwork at the mechanical penthouse. Add $ 474.00
4. Install two (2) additional expansion compensators on the
hot water risers. Add $ 1,279.00
5. Increase glycol solution from 25% to 40% to prevent
freezing in the chilled water system. Add $ 2,489.00
6. Modify piping on the hot water system in the mechanical
penthouse. Add $ 2,127.00
The foregoing change results in a net increase in the
contract of Four Thousand Twenty One and 00/100 Dollars
($4,021.00).
Summary: Original Amount of Contract $1,226,000.00
Net Change by Previous Orders Deduct $55,900.00
Contract Sum Prior to this Change Order $1,170,100.00
Amount of This Change Order (#3) Add $4,021.00
New Contract Sum to Date $1,174,121.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
Page 16
99-0209.txt
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 3, to Joseph Davis,
Inc., an increase in the amount of $4,021.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Expansion Project,
HVAC Work, Contract 118, C #91941600. Funds for this
project are available in CPF 292-402-001 - Division of
Buildings.
Passed
AYES-12, NOES-0
NO. 24
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 104 - MASONRY
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Masonry Work, Contract 104, Alpha
Masonry Construction Co., Inc., C #91940400.
1. Premium time for masonry work to get project back on
schedule after delays due to contaminated soil disposal.
Add $10,283.00
2. Additional masonry work required at deteriorated column
locations. Add $ 9,674.00
3. Additional masonry enclosure cost around new column
near elevator shaft. Add $ 1,841.00
4. Additional grout and rebar in masonry walls as directed by
structural engineer. Add $ 1,368.00
5. Cost for down time due to damaged power panel. Add $
1,840.00
6. Delete block wall at the north side of the duct shaft near
Stair B. Deduct $ 1,382.00
7. Erect new wall to back up two (2) electrical panels on the
3rd floor. Add $190.00
The foregoing change results in a net increase in the
contract of Twenty Three Thousand Eight Hundred Fourteen
and 00/100 Dollars ($23,814.00).
Summary: Original Amount of Contract $2,336,330.00
Net Change by Previous Change Orders $14,934.00
Contract Sum Prior to This Change Order $2,351,264.00
Amount of This Change Order (#3) Add
$23,814.00
New Contract Sum to Date $2,375,078.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
Page 17
99-0209.txt
That the above communication from the Commissioner of
Public Works dated . February 1, 1999, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 3, to Alpha Masonry
Construction Co., Inc., an increase in the amount of
$23,814.00, as more fully described in the above
communication, for work relating to Shea's Performing Art
Center, Stage Expansion Project, Masonry Work, Contract
104, C #91940400. Funds for this project are available in
CPF 292-402-001 - Division of Buildings.
Passed
AYES-12, NOES-0
NO. 25
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 116 - PLUMBING
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Plumbing Work, Contract 116, A.
Gareleck & Sons, Inc., C #91 941500.
1. Premium time for second shift work to keep masonry work
on schedule. Add $53.00
2. Install new piping and drains in existing basement boiler
room. Add 5,745.00
3. Modifications required to plumbing work as mandated by
the Plumbing Inspectors for code compliance.
Add $14,966.00
4. Relocate a gas line in the basement electrical room.
Add $ 1,545.00
The foregoing change results in a net increase in the
contract of Twenty Two Thousand Five Hundred Nine and
00/100 Dollars ($22,509.00).
Summary: Original Amount of Contract $ 357,000.00
Net Change by Previous Change Orders $9,318.00
Contract Sum Prior to This Change Order $366,318.00
Amount of This Change Order (#4) Add $22,509.00
New Contract Sum to Date $388,827.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 4, to A. Gareleck &
Sons, Inc., an increase in the amount of $22,509.00, as
more fully described in the above communication, for work
relating to Shea's Performing Arts Center, Stage Expansion
Project, Plumbing Work, Contract 116, C #91941500. Funds
for this project are available in CPF 292-402-001 - Division
of Buildings.
Page 18
99-0209.txt
Passed
AYES-12, NOES-0
NO. 26
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 106 - MISCELLANEOUS METALS
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Miscellaneous Metals Work, Contract
106, Alp Steel Corp., C #919421 00.
1. New steel pit framing and grating at elevator sump pit.
Add
$407.00
2. Install new barricades at each landing of manlift to allow
for safe operation. Add $12,929.00
The foregoing change results in a net increase in the
contract of Thirteen Thousand Three Hundred Thirty Six and
00/100 Dollars ($13,336.00).
Summary: Original Amount of Contract $ 369,700.00
Net Change by Previous Change Orders $(10,375.00)
Contract Sum Prior to This Change Order $359,325.00
Amount of This Change Order (#3) Add $13,336.00
New Contract Sum to Date $372,661.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 3, to Alp Steel Corp.,
an increase in the amount of $13,336.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Expansion Project,
Miscellaneous Metals Work, Contract 106, C #91942100.
Funds for this project are available in CPF 292-402-001 -
Division of Buildings.
Passed
AYES-12, NOES-0
NO. 27
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 112 - RIGGING
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Rigging Work, Contract 112, J. R.
Clancy, Inc., C #91940600.
1. Delete the hanging of the distributed dimmers.
Deduct $ 1,027.00
2. Modifications to the rigging system. Deduct $12,544.00
Page 19
99-0209.txt
3. Install a new house curtain liner, clean existing house
curtain and flame treat. Add $11,942.00
The foregoing change results in a net decrease in the
contract of One Thousand Six Hundred Twenty Nine and
00/100 Dollars (41,629.00).
Summary: Original Amount of Contract $ 499,500.00
Net Change by Previous Orders Deduct $(22,950.00)
Contract Sum Prior to this Change Order $476,550.00
Amount of This Change Order (#3) Deduct $(1,629.00)
New Contract Sum to Date $474,921.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work to be credited to CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 3, to J. R. Clancy,
Inc., a decrease in the amount of $1,629.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Expansion Project,
Rigging Work, Contract 112, C #91940600. Funds for this
project are to be credited to CPF 292-402-001 - Division of
Buildings.
Passed
AYES-12, NOES-0
NO. 28
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 105 - STRUCTURAL STEEL
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Structural Steel Work, Contract 105, Alp
Steel Corp., C #91942200.
1. Support for the existing structure while making the new
column connections on the east side due to the deteriorated
condition of the existing steel in the stagehouse.
Add $606.00
2. Install a new column B-1.3 to balance loading on modified
footing at elevator shaft. Add $ 3,716.00
3. Revisions to the fly platforms on the east wall of the stage
to allow construction of the new backstage wall.
Add $10,447.00
4. Miscellaneous steel modifications directed by consulting
architect. Add $ 7,917.00
5. Revisions to the foundation at Stair B and the loading
dock. Add $558.00
6. Revisions to steel columns G.2, G.3 and GA due to
considerable water in the excavation.
Add $1,157.00
7. Provide additional traffic protection signals during the steel
erection work. Add $1,838.00
Page 20
99-0209.txt
8. Reinforce existing steel at roof line found to be
deteriorated. Add $45,619.00
9. Install new tube column near column 47 to prevent
undermining as directed by structural engineer.
Add
$980.00
10. Revise steel at existing mezzanine louver.
Add $1,667.00
11. Shim out angles 11/2" on the south wall and weld angles
on the east and west elevations. Add $5,496.00
12. Revise steel connection detail for columns 92 and 94.
Add $1,777.00
13. Revise chiller support framing in field to permit use of
vibration isolators required for the chillers.
Add $2,670.00
14.Install steel framing at mechanical penthouse for
duct shafts. Add $7,118.00
The foregoing change results in a net increase in the
contract of Ninety One Thousand Five Hundred Sixty Six
and 00/100 Dollars ($91,566.00).
Summary: Original Amount of Contract $1,307,000.00
Net Change by Previous Change Orders $ (29,430.00)
Contract Sum Prior to This Change Order $1,277,570.00
Amount of This Change Order (#3) Add $ 91,566.00
New Contract Sum to Date $1,369,136.0
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Ciminelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 3, to Alp Steel Corp.,
an increase in the amount of $91,566.00, as more fully
described in the above communication, for work relating to
Shea's Performing Arts Center, Stage Expansion Project,
Structural Steel Work, Contract 105, C #91942200. Funds
for this project are available in CH 292-402-001 - Division of
Buildings.
Passed
AYES-12, NOES-0
NO. 29
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
CONTRACT 111 - WALL FINISHES
I hereby submit to Your Honorable Body the following
changes for Shea's Performing Arts Center, Stage
Expansion Project, Wall Finishes, Contract 111, Sigma
Painting of NY, Inc., C #91941200.
1. Paint block walls at Stair A and Stair B. Add $ 3,405.00
The foregoing change results in a net increase in the
contract of Three Thousand Four Hundred Five and 00/100
Dollars ($3,405.00).
Page 21
99-0209.txt
Summary: Original Amount of Contract $ 83,600.00
Net Change by Previous Change Orders $(3,988.00)
Contract Sum Prior to This Change Order $79,612.00
Amount of This Change Order (#3) Add $3,405.00
New Contract Sum to Date $83,017.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Kideney Architects), the Construction Manager
(Cirninelli-Cowper Co., Inc.), and the Department of Public
Works and found to be fair and equitable. Funds for this
work are available in CPF 292-402-001 - Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 1, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 3, to Sigma Painting of
NY, Inc., an increase in the amount of $3,405.00, as more
fully described in the above communication, for work relating
to Shea's Performing Arts Center, Stage Expansion Project,
Wall Finishes, Contract 111, C #91941200. Funds for this
project are available in CPF 292-402-001 - Division of
Buildings.
Passed
AYES-12, NOES-0
NO. 30
REDUCTION IN RETENTION
AMHERST ST., GRANT TO LINCOLN PK.
CONTRACT #9191.9400
MPJ CONSTRUCTION
I hereby submit to your Honorable Body the following
request for a reduction in retention for the subject project.
This project is complete with the exception of punch list
items.
Therefore, I am requesting your Honorable Body's
authorization to reduce the retention on this contract.
It is respectfully requested that your Honorable Body
authorize a reduction in retention from $232,717.07 to
$30,000 for M.P.J. Construction.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 31
REPORT OF BIDS
MARINE MIDLAND ARENA
PHASE IV - GROUP NO. 376
MISSISSIPPI ST., COLUMBIA ST.
ITEM NO. 43; C.C.P. 06/25/96
This is to advise Your Honorable Body that I have
advertised and received bids on Feb. 3, 1999 for the Marine
Midland Arena, Phase IV, Group #376.
In obtaining bids for the above project, I have asked for
bids on a unit price basis covering the various items of work
and material, which will be performed. The final cost of the
work will be based on the actual measured quantities of
materials entering into the work and may be either more or
less than the total bid. The following bids were received:
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Contractor Total Bid Price
Depew Development Inc. $1,032,936.25
2.homann Asphalt Paving Corp. $1,182,882.10
3. Surianello General Concrete Contracting, Inc.
$1,244,700.00
4. Kandey Company Inc. $1,293,867.00
5. Leone Construction, Inc. $1,296,735.15
6. Destro & Brothers Concrete Co., Inc $1,299,769.25
7. Sealand Contractors Corporation $1,313,829.75
8 Destro Development Co., Inc. $1,437,957.50
9. G B H Paving Incorporated $1,683,130.30
I hereby certify that the lowest responsible bidder for the
above project is Depew Development, Inc.. I respectfully
recommend that Your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund No.
200-401-556 and a future Bond sale, in the base bid of
$1,032,936.75 plus approved unit prices for an additional
$103,293.75, for a total of $1,136,230.00.
The engineer's estimate for this work is $1,139,442.00
Under provisions of the General Municipal Law, any of the
bidders may withdraw his bid if an award of the contract is
not made by March 22, 1999. Individual bid submissions are
available in our office for inspection and copies are available
upon request.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 5, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Marine Midland Arena,
Phase IV, Group #376, to Depew Development, the lowest
responsible bidder, in the base bid amount of $1,032,936.75
plus approved unit prices for an additional $103,293.75 for a
total of $1,136,230.00. Funds for the project are available in
Capital Projects Fund No. 200-401-556 and a future Bond
sale.
Passed.
AYES-12, NOES-0
NO. 32
REPORT OF BIDS FOR THE ERIE BASIN MARINA
PHASE VI, FUEL TANK REPLACEMENT AND
MISCELLANEOUS SITE IMPROVEMENTS
ITEM NO. 143, C.C.P. 01/21/97
As authorized and directed by your Honorable Body in
Item No. 143, C.C.P. 0 1/21/97, I have advertised and
received bids on January 27, 1999 for the Erie Basin Marina
Phase VI, Fuel Tank Replacement and Miscellaneous Site
improvements.
In obtaining bids for the above project, I have asked for
bids on a unit price basis covering the various items of work
and materials which will be performed. The final cost of the
work will be based on the actual measured quantities of
material entering into the work and may be more or less than
the total bid.
The following bids were received:
Contractor Base Bid Alternate Bid
Donald J. Braasch Const. Co. $546,014.00 $423,119.50
(Low)
Visone Construction $564,751.75 $452,622.00
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B"o Creek Inc. $607,800.00 $465,331.50
Orchard Earth & Pipe Corp. $625,069.00 $473,868.00
Thomann Asphalt $628,143.85 $493,121.70
Destro Brother Construction Co. $648,093.00 $530,656.00
After a review of the bids it was determined that the City
would accept the alternate bid for this project. I hereby
certify that the lowest responsible bidder for the above
project is Donald J. Braasch Construction Co. Inc., and I
respectfully recommend that your Honorable Body order the
work and the cost thereof to be charged to the Division of
Engineering Bond Fund 203 -401-003 -00-000 in and
amount of $423,119.50, plus approved unit prices for an
additional amount of $42,311.95 for a total encumbrance of
$465,431.45
The engineers estimate for this work is $450,000.00. The
above is certified to be a true and correct statement of the
bids received. Under the provisions of the General
Municipal Law any of the bidders may withdraw his bid if the
award of this contract is not made by March 15, 1999.
Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated January 29, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for the Erie Basin Marina
Phase VI, Fuel Tank Replacement and Miscellaneous Site
Improvements, to Donald J. Braasch Construction Co., Inc.,
the lowest responsible bidder, in the amount of $423,119.50,
plus approved unit prices for an additional $42,311.95 for a
total encumbrance of $465,431.45. Funds for the project are
available in Division of Engineering Bond Fund 203-401-003-
00-000.
Passed.
AYES-12, NOES-0
NO. 33
USE OF CITY HALL ROOM 107
ITEM NO. 105, C.C.P. 1/12/99
The referenced item was referred to this department for a
response.
The Mayor has agreed with School Superintendent James
Harris to allow the Board of Education to use Room 107 of
City Hall for Board purposes. It is my understanding that the
Board intends to utilize this space for their public meetings
and other purposes. I am awaiting details from the Board on
specific uses and any improvements that they plan on
making to that office.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNCIL
FROM THE COMMISSIONER OF POLICE
NO. 34
POLICE DEPT. VEHICLE MAINTENANCE]
RES 119, CCP DECEMBER 29, 1998
The reports referred to by Councilperson Robert Quintana
should be directed to the Bureau of Vehicle Control (the
Police Garage) to be addressed as soon as possible.
The orders that stand in the shop are, and have been for
at least five (5) years, to repair all reported faults and do a
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complete inspection on vehicles brought in for NYSI or
normal PMI (Preventive Maintenance Inspection).
No vehicle is sent back on the street in an unsafe
condition. Vehicles are stickered with the appropriate
mileage when due for PMI. It is at the district level that
vehicles must be sent in for maintenance. When vehicles
are brought in for repairs these stickers are checked for due
mileage, but that happens only when someone brings in the
vehicle.
Our work force has recently been increased to meet the
demand of the much larger fleet we are accommodating.
The turn around time, and the number of down vehicles has
improved greatly in the past few months. The only skimping
that is being done as far as police vehicles is the fact that
unlike any other police department our cars are not replaced
in a timely basis. The Common Council approved the
purchase of 15 vehicles in the 1998-99 budget. To replace
the vehicles over 3 years old, they would need to purchase
128 marked units alone. The unmarked fleet is much older.
When did the city pay a fine for illegal exhaust systems?
The incidence mentioned took place in the late 1970s or
early 1980s, and was caused by the unavailability of the
needed parts, (catalytic converters), the by-passes were
used to keep the vehicles on the street. This took place over
15 years ago. Under the circumstances, I would probably
given the same order.
Reports as of 1/1 3/99:
Vehicles maintained 375
Down vehicles in the shop 32
Vehicles that should be replaced 188
Inspection procedures is enhanced vehicle inspections
recommended for police vehicles which includes all the
requirements for NYSI, plus pulling all wheels and inspect
brakes (vs. just one).
The Buffalo Police Department Garage and staff would
welcome inspection of its facility and staff by any qualified
representative.
REFERRED TO THE COMMITTEEON POLICE
REORGANIZATIQN/OVEFSIGHT
NO. 35
RESIDENCY - DEPUTY POLICE COMMISSIONER
Pursuant to our discussion at the Common Council Civil
Service Committee meeting held on February 2, 1999
concerning the residency of 1st Deputy Police Commissioner
Crystalea Burns Pelletier and Deputy Police Commissioner
Mark Blankenberg. Deputy Police Commissioner Pelletier
closed on a property in January, 1999 located at 269
Lakefront Boulevard in the City of Buffalo, which is a matter
of public record. Deputy Blankenberg is presently awaiting a
closing date for property located at 245, Lakefront Boulevard
in the City of Buffalo.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 36
STAFFING AT PRECINCT #11
RES 95, CCP JANUARY 26, 1999
In response to Councilmernber Richard A. Fontana's and
Council resolution:
C-District is comprised of Pct #11 and Pct #12. Together
as a district they have two Detective Sergeants and seven
Detectives. Pct. #12 has a Sergeant and three Detectives.
Page 25
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Pct. #11 has a Sergeant and four Detectives. There is no
district that has this many Detectives assigned.
In March 1999 there will be 26 Detectives promoted based
on the new civil service examination. As a result of this
exam there will be a realignment of Detectives. This is not 26
new positions.
Once this realignment is completed, consideration will be
given to adding a Detective to Pct. #11
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT
NO. 37
STAFF AT PRECINCT #11
RES 95, CCP JANUARY 26, 1998
1 Inspector
1 Captains
10 Lieutenants
1 Detective Sergeant
3 Detectives
82 Police Officers
7 Report Technicians
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/ OVERSIGHT
FROM THE COMMISSIONER OF FIRE
NO. 38
DEPUTY FIRE COMMISSIONER
I nominate John A. Lydon to the non-competitive position
of Deputy Fire Commissioner, effective February 1, 1999, at
the salary of $80,575.
Thank you.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 39
ACQUIRE 166, 170 DART STREET
ITEM NO. 149, C.C.P., 4/28/98
ITEM NO. 217, C.C.P., 6/23/98
The City of Buffalo's present automobile impound is
located at 189 Tonawanda Street. The lease for that facility
has expired. C.C.P., Mar. 3, 1998, No. 46. The City
remains on the premises on a month-to-month holdover
basis. After a request for proposals for a new automobile
impound site, the best site found was at 166 and 170 Dart
Street. The Common Council authorized the Corporation
Counsel to acquire 166 and 170 Dart Street, C.C.P., Apr. 28,
1998, No. 149, and later authorized the City to commence
condemnation proceedings to acquire these parcels
(including the public hearing to acquire those parcels),
C.C.P., June 23, 1998, No. 217. That public hearing was
held on July 20, 1998, with the transcript from the hearing
duly filed with the City Clerk on August 13, 1998. C.C.P.,
Sept. 8, 1998, No. 105. The City made the necessary
determination and findings concluding that a public purpose
exists for the acquisition of these parcels (to use them as a
City-owned automobile impound facility). On or about
November 19, 1998, a verified petition and notice of
pendency were duly filed and served, formally initiating the
condemnation proceeding for these parcels. This
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proceeding is now pending before Justice Sconiers.
The premises are 6.4 acres located near the Scajaquada
Expressway in a mixed commercial/residential
neighborhood, with access by that expressway to the New
York State Thruway. The premises (the former Buffalo
Structural Steel plant) contain one secured main building
with a security system already installed and two out buildings
(including a pavilion housing a crane and crane ways),
totaling 94,700 square feet. The property contains. some 25
cranes, including one 15-ton crane and two 10-ton cranes.
The property also has five billboards leased by Outdoor
Systems Advertising, with income producing leases running
to 2006. Initial proposals for the City's acquisition of these
premises were for $1.7 million as is or $2.27 million with
improvements and renovations (valued at approximately
$580,000).
The Eminent Domain Procedure Law requires the City as
condemnor to offer an amount it believes to represent just
compensation for the real property to be acquired. Em.
Dom. Proc. Law 303. "The constitutional requirement of
just compensation requires that the property owner be
indemnified so that he may be put in the same relative
position, insofar as this is possible, as if the taking had not
occurred." City of Buffalo v. J W Clement Co., 28N.Y.2d 241,
258 (1971). In an effort to acquire this property and to settle
the condemnation proceeding, the Law Department has
been negotiating with counsel for the owner of the parcels,
and conducted additional appraisals to account for certain
fixtures presently on the property. The proposed
condemnation proceeding settlement reflects what we found
in our appraisals of the real property and the appropriate
valuation of the fixtures (25 cranes custom-built for the
premises) and certain billboard leases on the premises. Our
appraisal of the real property and the value of the leases by
GAR Associates found that the fair market value of these
premises and leases total ;approximately $800,000. The
parties basically agreed with this evaluation.
The remaining valuation issue arises from the 25 cranes
on the premises. GAR Associates advised that a separate
valuation of the fixtures must be made from that of the real
property. Case law has found that a fixture with a defined
resale market is evaluated on the fair and reasonable market
value that it can gain in that second-hand market. Gurwitz v.
State of N. Y, 27 Misc. 2d 73 1, 73 6 (Ct. C1. 196 1). A
custom-made or unique fixture lacking such a resale market,
however, is evaluated on its reproduction cost less
depreciation. Id. at 737. Applicable case law supports this
method for evaluating the cranes, since the cranes are
custom-made for the spans they stretch. Marraro v. State of
N. Y, 12 N.Y.2d 285, 296 (1963); Gurwitz, supra, 27 Misc. 2d
at 737. Using this method, the owner's appraisal, performed
by Charles R. Anderson Appraisal Co., values these cranes
at approximately $500,000.
Aurora Systems, Inc., a manufacturer and repairer of
custom designed crane systems in Western New York,
inspected and evaluated the cranes at the request of the
City. It advised the City that the cranes are in good working
order and still have a significant period of usefulness.
Aurora Systems also advised the City that the cranes do not
have a readily available resale market value if removed from
the structure due to the custom installation of the cranes in
the structures.
By acquiring these premises, the City would obtain a
Page 27
99-0209.txt
secured structure capable for almost immediate use as a
permanent automobile impound facility, replacing the
currently inadequate rental space at 189 Tonawanda Street.
The condemnation proceedings may be protracted and
expensive. This delay would keep the City in the rented
space or possibly without any automobile impound facility if
the present landlord of 189 Tonawanda decides not to
extend its month-to month rental. Presently, the City pays
approximately $11,000 per month for rental of 189
Tonawanda Street. The settlement would save this cost
immediately. By settling this proceeding, the City saves on
possible court costs in a prolonged eminent domain
proceeding such as the costs of appraisers and other
experts who would testify as to the City's valuation of the
premises. Estimated appraisal costs through trial are
approximately $30,000. Settlement removes the obligation
on the City to pay the statutory 9% interest from the date of
acquisition under the New York Eminent Domain Procedure
Law that the owner would have been entitled to upon an
order conveying title to the City, or the delay inherent in the
proceeding to establish the condemnation awards to parties
with an interest in the premises. The City may be held
responsible for the owner's attorneys' fees if the
condemnation proceeding went to its conclusion and the.
City's initial offer grossly underestimated the awarded value
of the premises. By settling now, the City would gain the
premises with clean title, with pending liens from Erie County
and a mortgage first being resolved by the present owner
before the City acquires title. Finally, the City obtains the
income from several billboards on the property, an
approximate total of $13,500 per year for all of the signs for
the lives of the leases, totaling approximately $94,000 paid
to the City for the lives of the leases.
At the conclusion of the negotiations with counsel
representing the owner, Buffalo Core Realty, Inc., a tentative
settlement of the purchase price of the parcels (with clear
title and including any moving costs) was reached for One
Million Two Hundred Thousand Dollars ($1,200,000), subject
to Common Council approval.
We ask that the Common Council approve this settlement
of the condemnation proceeding with Buffalo Core Realty,
Inc., for 166 and 170 Dart Street, authorize the Law
Department to draft the necessary papers to consummate
the acquisition of 166 and 170 Dart Street for the amount of
One Million Two Hundred Thousand Dollars ($1,200,000),
and authorize the Mayor to execute these documents.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 40
GARY MOONEY - AMPLIFICATION ON
STREET PERFORMER LICENSE
ITEM NO. 44, C.C.P., 1/26/99
You requested a response from the law department
regarding the request of gary f. Mooney to allow the use of
amplification equipment while utilizing his street performer
license. Prior permission of the supervisor of licenses is
required before amplification equipment can be used
pursuant to section 319-8 (a) of the code of the city of
buffalo.
The use of amplification equipment has been generally
curtailed by the Office of Licenses due to the numerous
complaints received regarding loud street performers.
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Those complaints were generated in relation to performers
who did not use amplification equipment. As such, absent a
compelling reason to require amplification, such a request
may be scrutinized carefully by the Supervisor of Licenses.
As Mr. Mooney expressed at the February 2, 1999
Legislation Committee meeting, he desires to perform
around or about the Buffalo Zoo. The Supervisor of
Licenses can take into account his knowledge of the area
and the likely impact of amplification. Being aware that the
Zoo is in close proximity of the residential Parkside
community, it was determined that amplification was
inappropriate for that location. The granting of a request for
the: use of amplification equipment is discretionary on the
part of the Supervisor of Licenses. Mr. Mooney is still
allowed to use his street performer's license in any location
not otherwise restricted or prohibited by the Code.
The denial by the Supervisor of Licenses is an executive
function. The Council does not serve as an appellate body
for this function. If an applicant believes the determination to
deny amplification is improper, the matter should be
addressed in a civil action in State Supreme Court.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
TCG SYSTEMS, INC.
ITEM NO. 49, C.C.P., 1/13/99
You requested a response from the Law Department
regarding the request of TCG Systems, Inc. ("TCG') to gain
access to the City right-of-way for telephone facilities. It is
the opinion of this office that TCG must obtain the consent of
the Common Council prior to being granted access to public
rights-of-way. We recommend that an agreement be
negotiated between TCG and the Common Council with
input from the Office of Telecommunications.
This office stands ready to assist in the negotiation
process at the request of the Common Council.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 42
BUFFALO PARK SIGNAGE SYSTEM
I hereby request permission to take bids for the above
project; and have asked for and received the following bids
for Buffalo Park System Signage on February 3, 1999:
ADD ADD
COMPANY BID ALT.1 ALT.2
ASI $138,997.50 $10, 605 $13,100
171 Creekside Drive
Amherst, New York
Wilcox 290,660.00 10,770 11,535
111 Pearce Avenue
Buffalo, New York
Ameris 214,270.00 20,635 No Price
8560 Main Street
Buffalo, New York
Eastern Metal 272,199.00 19,145 18,203
1430 Sullivan Street
Elmira, New York 14901
Page 29
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Empire Sign 315,039.00 15, 973 22, 853
645 Winton Road
Rochester, New York
I hereby certify that the foregoing is a true & correct
statement of the bids received. we are accepting 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.
Therefore ASI Sign Systems, 171 Creekside Drive, Amherst,
New York 14228 is the lowest responsible bidder in
accordance with the plans & specifications:
I recommend that Your Honorable Body authorize the City
to order the work on the basis of the low bid. Funds for this
work are available in Bond Fund Account 203-717-003.
REFEREED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF HUMAN SERVICES PARKS AND
RECREATION
NO. 43
CAZENOVIA PARK IMPROVEMENTS (PHASE 4)
I hereby request permission to take bids for the above
project currently in the design development stage. The
source of funds for the construction stage of this project are
available in C.P.A. 200-717-003.
I therefore recommend that Your Honorable Body
authorize the Commissioner of Community Development to
tender the work at the appropriate time, followed up with the
report of bids and request permission to award to the lowest
responsible bidder.
RECEIVED AND FILED
NO. 44
CHARLES T. PERKINS PLAYGROUND
I hereby request permission to take bids for the above
project currently in the design development stage. The
source of funds for the construction stage of this project are
available in C.P.A. 200-717-021.
I therefore recommend that Your Honorable Body
authorize the Commissioner of Community Development to
tender the work at the appropriate time, followed up with the
report of bids and request permission to award to the lowest
responsible bidder.
RECEIVED AND FILED
NO. 45
CITYWIDE TREE REMOVAL
CHANGE ORDER NO. 3
I hereby request permission to issue a change order for
the above project in the amount of $40,000 to cover
additional tree removals at the unit prices included in the
original bid.
This contract was bid through the Division of Purchase and
the City of Buffalo Forestry Division but funded with Bond
Funds under the Department of Community Development.
The Contract is open ended and allows the city to utilize the
unit prices to remove trees for one year, and gives the city
the option to extend the contract and the fixed unit prices for
an additional year.
At this time we are asking approval to increase the
contract (N. 91928800) with Schneck's Tree Removal in the
amount of $40,000 bringing the new total contract amount to
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99-0209.txt
$199,292.
I recommend that Your Honorable Body authorize the city
to increase the contract in the amount shown above. Funds
for this work will be available in Bond Fund Account 201-
717-004.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 46
"G. MOONEY-REQ. PERM TO USE AMPLIFIED
EQUIPMENT DURING PERFORMING" #37 C.C.P. 2/2/99.
In response to the petition presented to the Common
Council by Gary F. Mooney, CCP# 37 , I hereby respond as
follows:
Chapter 319, Section 8A "Amplified Equipment", states a
performer licensed hereunder may use amplification
equipment only with permission therefore from the Director
of Licenses. The Office of Licenses has issued sixteen (16)
Street Performer licenses during the 1998-1999 licensing
year, no licenses were issued with amplification granted.
This policy has been established in the Office of Licenses
due to the numerous complaints received by this office and
the Common Council in regards to loud and disturbing music
by street performers without amplification. Granting a
license with amplification will generate even more
complaints. Also, it is the contention of the Office of
Licenses that when Mr. Gary Mooney has requested any
information or copies of this or any other City Ordinance, he
has been accomodated.
REFERRED TO THE COMMITTEE ON LEGISALTION
NO. 47
HILLERY PARK SHELTER HOUSE RENOVATION
I hereby request permission to take bids for the above
project currently in the design development stage. The
consulting fee is being funded by CDBG money. The source
of funds for the construction stage of this project are
available in C.P.A. 203-717-003.
I therefore recommend that Your Honorable Body
authorize the Commissioner of Community Development to
tender the work at the appropriate time, followed up with the
report of bids and request permission to award to the lowest
responsible bidder.
RECEIVED AND FILED
NO. 48
HOME FUNDS
218 TACOMA
Fiscal year 1997 allocated $550,000 of H.O.M.E. Rental
Rehab funds.
I am respectfully requesting your approval for a total of
$28,200 of HOME funds to assist in the rehabilitation of this
20 unit building. These apartments are already rented to
low-mod income tenants, with 19 of 20 units occupied. Of
the present tenants, all are at or below 80% of median
income, with six households at or below 30% of median
income. The loan terms will be 4% for 15 years. The
monthly payment will be $208.59.
The developers have met all underwriting criteria outlined;
ie. current City tax, County tax, and water bills; before-after
appraisals; copy of mortgage/deed; contractor's work write-
Page 31
99-0209.txt
up; H.O.M.E. Rental Rehab application.
BUDGET
$26,700.00 Construction Budget
1,500.00 Soft costs
$28,200.00 TOTAL
OWNER
Tom B. Shanahan Kevin J. Shanahan
225 Draden Lane 41 Parliament Ct.
Amherst, N.Y. 14228 Getzville, N.Y. 14068
The property is located on the comer of Tacoma and Virgil.
There are twenty units in this project. The property is in
close proximity to Delaware Consumer Square, as well as
the Hertel Avenue Neighborhood Commercial Strip
Development, as defined in the City of Buffalo's 1997-98
Consolidated Plan.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 3, 1999, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to release the amount of
$28,200.00 of HOME Funds to Tom B. and Kevin J.
Shanahan to assist in the rehabilitation of a 20 unit building,
at 218 Tacoma. The loan terms will be 4% for 15 years.
Passed
AYES-13, NOES-0
NO. 49
67 VINCENNES
HOME FUNDS- $200,000
The Buffalo River Apartments, to be located at 67
Vincennes will consist of 16 one--bedroom units of safe,
decent, affordable rental housing for the elderly and frail
elderly.
This project will take a vacant lot and transform it into a
visually appealing comer in this neighborhood. The building
will not only enhance the streetscape along Vincennes, but
the residents and workers will contribute towards the
economic viability of the neighborhood merchants. The
close proximity of a large variety of goods and services is
one of the primary reasons this site was selected for the
project. The site is across the street from the Old First Ward
Community Center. The Center supports for the elderly
population by offering transportation services, congregate
meals, recreational and social opportunities, and
supplemental food programs. There are NFTA bus lines
within two blocks of the site. Off street parking will be
offered on site.
The initial Environmental assessment did not identify and
environmental conditions that would impair the use of the
site for residential purposes.
FUNDING SOURCES
$1,008,456 Low Income Housing Tax Credits (NYS)
410,834 HTFC funds low-interest loan, 1% interest only,
50 years (NYS)
200,000 HOME loan, 1% interest only, 50 years (BURA)
52,000 Old First Ward
$1,671,290 TOTAL
In addition, the borrower will execute a PILOT Agreement
that has already been approved by the Common Council in
February 1997
Owner: Buffalo River Apartments, L.P.
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99-0209.txt
Developer: Old First Ward Community Association
Contractor ADF Construction, Corp.
Architect: Francis J. Domino, P.E.
Management Agent: Delta Development
Therefore, I am respectfully requesting approval to commit
$200,000 of HOME funds to the Buffalo River Apartments
project. These monies will be lent at 1% interest only, 50
year terms. The developers have met all underwriting
criteria outlined; i.e. current City tax, County tax, and water
bills; before-after appraisals; copy of mortgage/deed;
contractor's work write-up, environmental review, HOME
funds application.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 3, 1999, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to release the amount of
$200,000 of HOME Funds to Buffalo River Apartments, L.P.
to assist in the construction of a 16 unit building for the
elderly and frail elderly at 67 Vincennes. The loan terms will
be 1% interest only, for 50 years.
Passed
AYES-12, NOES-0
NO. 50
WARM PROGRAM
HOME FUNDS- $200,000
The Department of Community Development has
negotiated a Cooperative Agreement the City of Buffalo and
the Clarkson Center, Inc. which will provide weatherization
and emergency heating repairs/replacement to
approximately 150 low income Buffalo homeowners/tenants.
The Buffalo Urban Renewal Agency (BURA) is being
requested to approve $200,000 of HOME funds, will be
administered the Clarkson Center, Inc.
Basically, the program works as follows:
The Department of Community Development, through the
Division of Neighborhoods, will refer homes in the City's
Rehabilitation loan program and homes needing emergency
heating services to the Clarkson Center Weatherization
Program.
Homes in the CBO Rehabilitation Program areas will
receive an average of $2,000 of weatherization services by
the Clarkson Center. Included in those services will be pre-
and post- diagnosis of heating efficiencies, as well as
monitoring of non-heat related work to bring the home into
Housing Quality Standards (H.Q.S.).
Also, the division, as an eligible referral agency, will refer
no-heat emergencies to the Clarkson Center for assistance.
Assistance will be provided within 72 hours by the Clarkson
Center to provide heat to the homes referred by the Division
of Neighborhoods.
All homes participating in this WARM program must be
qualified by the division as meeting the HEAP guidelines,
which are below the Low - Moderate Section 8 family income
guidelines.
The City/BURA's contribution will be paid through a
voucher system with Financial Control of Agencies (FCA).
The division will verify all costs vouchered by the Clarkson
Center.
The WARM program is expected to assist at least 150
households, based upon the appropriateness of the income
Page 33
99-0209.txt
requirements of the owner, nature and funding commitments
of repairs needed, or an emergency no-heat condition.
Eligible homes will be selected by the division on a first
come - first served criteria.
The WARM program in it's first three years of operation,
has already assisted 220 households, representing over 270
units.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 3, 1999, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to release the amount of
$200,000 of HOW Funds to be administered by the Clarkson
Center, Inc. to provide weatherization and emergency
heating repairs/replacement to approximately 150 low
income Buffalo homeowners/tenants.
Passed
AYES-12, NOES-0
NO. 51
MONTHLY REPORT OF LICENSES ISSUED IN
DECEMBER 1998
I am respectfully submitting the enclosed report of licenses
issued in the month of December 1998 by the Division of
Inspections, Licenses and Permits.
RECEVIED AND FILED
NO. 52
NYSDEC - REG. OF SITES - HAZ.
WASTE - 204 BRISTOL STREET
The Department of Community Development responds to
the Common Council referral regarding the New York State
Department of Environmental Conservation's notice to the
City Clerk regarding the hazardous waste site at 204 Bristol
Street. The site has been delisted from the official State
Registry of Inactive Hazardous Waste Sites.
Cooperation between our Environmental Office, the DEC,
the New York State Health Department, and the Federal
Environmental Protection Agency have been ongoing since
the discovery of contaminants at 204 Bristol. Through this
interaction and the very substantial efforts of the EPA, the
site has been cleaned of all PCB contamination. The
adjoining area has been evaluated as well, and remediated
where necessary. The Bristol Street site does not represent
a source of ongoing concern regarding either the
environment or human health.
We are pleased that this delisting represents not only the
end to any reason for concern regarding contamination
there, but evidence as well of the value of cooperative work
between levels of government.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 53
ORDINANCE AMENDMENT
CHAPTER 6, BOARDS, COMMITTEES, ETC.
ITEM NO. 103, C.C.P. 1/26/99
It is the view of the Department of Community
Development that this Department would be able to adjust its
operations to the requirements of the proposed ordinance
regarding pesticide use without undue difficulty.
REFERRED TO THE COMMITTEE ON LEGISLATION
Page 34
99-0209.txt
NO. 54
REPORT OF INFORMAL BIDS- BROADWAY MARKET
PHASE 3 RENOVATIONS
As authorized by Your Honorable Body Item No. 23,
C.C.P. 12/23/97, I asked for and received the following
informal bids for the Broadway Market - Phase 3
Renovations which were opened on February 2, 1999:
General Const. Base Bid -Alt#l -Alt#2 -Alt#3
Building Solutions $21,565 $900 $1,765 $2,750
311 North Davis Road
Elma, New York 14059
Rand&Jones Enter. $ 36,900 $575 $2,765 $3,100
Co., Inc.
36 Hopkins Road
Williamsville, New York 14221
W.C. Roberson No Bid
602 East Delavan Avenue
Buffalo, New York 14217
Aladdin Development &
Construction Corp. No Bid
484 Niagara Street
Buffalo, New York 14201
ELECTRICAL CONST. BASE BID
Grand Island Electric $13,085 825
N. Colony Road
Grand Island, New York 14072
CIR Electric No Bid
1067 Harlem Road
Cheektowaga, New York 14227
Tunney Electric No Bid
8565 Roll Road
Clarence Center, New York 14032
Bennett Electric Contractors Corp. No Bid
1668 Main Street
Buffalo, New York 14209
PLUMBING/REFRIGERATION BASE BID
Elmwood Plumbing $11,121
P.O. Box 604
Buffalo, New York 14213
Mesmer Refrigeration $11,725
519 Hamburg Street
Buffalo, New York 14204
W.C. Roberson No Bid
602 East Delavan Avenue
Buffalo, New York 14217
M.J. Mechanical Service Inc. No Bid
2040 Military Road
Tonawanda, New York 14150
Northeast Mechanical No Bid
139 Sawyer
Depew, New York 14043
TRI-R Cooling & Heating No Bid
2481 Seneca Street
Buffalo, New York 14210
The Engineer's Estimate for all trades was $45,000.
Page 35
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I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following firms are
the lowest responsible bidders in accordance with the plans
and specifications.
GENERAL CONSTRUCTION: Building Solutions,311 North
Davis Road, Elma, New York 14059, base bid ($21,565)
minus deduct alternate No. 3, which will eliminate a form
counter top, ($2,750) for a total award of $18,815.
ELECTRICAL CONSTRUCTION: Grand Island Electric, 825
N. Colony Road, Grand Island, New York 14072, in the base
bid amount of $13,085.
PLUMBING/REFRIGERATION:Elmwood Plumbing,
P.O. Box 604, Buffalo, New York 14213, in the base bid
amount of $11,121.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work
on the basis of the low bids. Funds for this work are
available in C.P.A. 200-717-015.
That the above communication from the Commissioner of
Community Development dated February 2, 1999, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to award contracts for the
Broadway Market - Phase 3 Renovations, to the lowest
responsible bidders, for General Construction, to Building
Solutions, in the base amount of $21,565 minus deduct
alternate No. 3, which will eliminate a Formica counter top,
($2,750) for a total award of $18,815- for Electrical
Construction, to Grand Island Electric, in the base bid
amount of $13,085; for Plumbing/Refrigeration, to Elmwood
Plumbing, in the base bid amount of $11,121. Funds for the
project are available in C.P.A. 200-717-015.
Passed.
AYES-12, NOES-0
NO. 55
RESPONSE - HOMESTEAD VACANT LOT
KILHOFFER STREET
ITEM #70, C.C.P. 12/29/98
The above referenced item has been referred to the
Department of Community Development for a response. It is
a request from J. Moss, 142 Kilhoffer Street, to homestead
the adjoining vacant lot.
Please be advised that neither of the vacant lots adjoining
Mr. Moss's property are owned by the City of Buffalo. The
vacant lot at 138 Kilhoffer is owned by Stephanie Gray and
the vacant lot at 144 Kilhoffer is owned by Clinton Kirkwood.
The Department of Community Development will contact
Mr. Moss and advised him to contact the owners of the
properties.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 56
RESPONSE - PROBLEMS WITH 114 BRAYTON AND 31 -
33 SHIELDS AVENUE
ITEM #69, C.C.P. 12/29/98
The above referenced item has been referred to the
Department of Community Development and the Mayor's
Impact Team for a response.
The item is a communication from Councilmember Grey's
Office responding to a letter her office has received from Mr.
Charles Swan and Linda Parris, tenants residing at 112
Page 36
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Brayton Street. They are complaining about the debris on
the lot at 114 Brayton and two city-owned lots behind 114
Brayton, namely 31-33 Shield Avenue. They are requesting
that the City erect a fence between the Brayton Street lot
and the Shield Avenue lots. They also mentioned the
condition of the sidewalk on Brayton.
City Assessment records indicate that the vacant lot at 114
Brayton is privately owned by Minnie Baer, 114 Brayton
Street, with no forwarding address. The property appears to
have been abandoned by the owner. The house was
demolished in 1997 and there are five years of taxes in
arrears. A copy of the complaint has been forwarded to the
Department of Inspection for follow-up.
The two vacant lots behind 114 Brayton on Shields, were
acquired by the City of Buffalo through tax foreclosure and
are in the city's catalog of available lots for sale. In-Rem
Maintenance staff will inspect and clear the lot of any debris
that may be there. The Department of Community
Development does not recommend homesteading, since this
parcel is large enough for new housing and is in the
Connecticut Street Development Area.
Regarding the issue of erecting a fence, the Department of
Community Development, Division of In-Rem Properties,
does not have funds appropriated to erect fencing on city-
owned lots.
Also, I have forwarded a copy of the complaint to
Commissioner of Public Works regarding the condition of the
sidewalks on Brayton for review and have asked him to file a
response with Your Honorable Body.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 57
RESTAURANT DANCING CLASS II
391-393 ELLICOTT
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for Restaurant Dancing Class II License located
at 391-393 Ellicott and find that as to form it is correct. I
have caused an investigation into the premises for which
said application for Restaurant Dancing Class II is being
sought and according to the attached reports from the Fire
Department and the Building Inspector, I find it complies with
all regulations and other applicable laws. I have caused an
investigation by the Police Department into the moral
character of Tim Neal Tompkins. The report from the Police
Department recommending approval is attached hereto for
Tim Neal Tompkins d/b/a E at 391-393 Ellicott. This request
is submitted for your consideration and whatever action you
deem appropriate.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Community Development dated February 4, 1999, be
received and filed; and
That pursuant to Chapter 150 of the City Code, the
Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant a Restaurant Dancing Class II
license to Tim Neal Tompkins, d/b/a e at 391-393 Ellicott
Street.
Passed.
AYES-12, NOES-0
NO. 58
Page 37
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RESTAURANT DANCING CLASS III
1504 HERTEL
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for Restaurant Dancing Class III License located
at 1504 Hertel and find that as to form it is correct. I have
caused an investigation into the premises for which said
application for Restaurant Dancing Class III is being sought
and according to the attached reports from the Fire
Department and the Building Inspector, I find it complies with
all regulations and other applicable laws. I have caused an
investigation by the Police Department into the moral
character of John Macaluso. The report from the Police
Department recommending approval is attached hereto for
John Macaluso d/b/a Mac's City Bar at 1504 Hertel. This
request is submitted for your consideration and whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 59
RESULTS OF NEGOTIATIONS
342 CONNECTICUT, 54.25' SW NORMAL
VACANT LOT: 281 X 991
ASSESSED VALUATION: $4,900
The Department of Community Development, Division of
In-Rem Properties, has received a request from Mr. Henry J.
Sontag, Jr., 346 Connecticut Street, Buffalo, New York
14213, to purchase the above captioned vacant lot, for the
purpose of additional parking.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Richard W. Bronstein of R.W. Bronstein Corporation,
3666 Main Street, Buffalo, New York 14226. He has
estimated the value of the parcel to be Two Thousand Five
Hundred Dollars ($2,500), or Ninety (.90) Cents a square
foot. The Division of In-Rem Properties has investigated the
sales in similar properties in the subject area. Sale prices
range from Thirty (.30) Cents a square foot to One Dollar
and Sixty-Four Cents ($1.64) a square foot.
The results of our negotiations are that Mr. Sontag has
agreed and is prepared to pay Two Thousand Dollars
($2,000), which is Seventy-Two (.72) Cents a square foot,
for this parcel. Mr. Sontag has also agreed to pay for the
cost of the appraisal, transfer tax, recording fee's and cost of
the legal description.
I am recommending that Your Honorable Body approve
the sale of 342 Connecticut Street to Mr. Henry Sontag for
the amount of Two Thousand Dollars ($2,000). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated February 1, 1999, be
received and filed; and
That the offer from Mr. Henry J. Sontag, Jr., residing at
346 Connecticut Street, in the sum of Two Thousand Dollars
($2,000.00) for the sale of 342 Connecticut Street, be and
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
Page 38
99-0209.txt
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. 60
RESULT OF NEGOTIATIONS
431 GOODYEAR, 6301 N OF MCKIBBIN
VACANT LOT: 30' X 124'
ASSESSED VALUATION: $2,700
The Department of Community Development, Division of
In-Rem Properties, has received a request from Mr. George
T. Hill, 183 Cambridge Street, Buffalo, New York 14215, to
purchase the above captioned vacant lot. Mr. Hill owns a two
family dwelling at 433 Goodyear, which is adjacent to 431
Goodyear. Mr. Hill intends to use the property for extra yard
space.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Able Appraisals Associates, 43 St. Paul Street, Buffalo,
New York 14215. He has estimated the value of the parcel
to be Five Hundred Dollars ($500), or Thirteen Cents (.13) a
square foot. The Division of In-Rem Properties has
investigated the sales of similar properties in the area. Sales
prices range from Twenty-Five(.25) Cents to Forty-Five (.45)
Cents a square foot.
The results of our negotiations are that Mr. George Hill has
agreed and is prepared to pay Eight Hundred Dollars ($800),
Twenty-Five Cents (.25) a square foot, for this parcel. He
has agreed to pay for the cost of the appraisal, transfer tax,
recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve
the sale of 431 Goodyear to Mr. George T. Hill in the amount
of Eight Hundred Dollars ($800). I am further recommending
that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated February 2, 1999, be
received and filed; and
That the offer from Mr. George T. Hill, residing at 183
Cambridge Street, in the sum of Eight Hundred Dollars
($800.00) for the sale of 431 Goodyear, 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
Page 39
99-0209.txt
NO. 61
RESULTS OF NEGOTIATIONS
58 LANDON, 5451 E JEFFERSON
VACANT LOT: 30' X 142'
ASSESSED VALUATION: $2,100
The Department of Community Development, Division of
In-Rem Properties, has received a request from Albert C.
and Evelyn P. Ferguson, 373 E. Utica Street, Buffalo, New
York 14208, to purchase the above captioned vacant lot.
Mr. and Mrs. Ferguson presently own a single family
dwelling at 56 Landon. They intend to use 58 Landon Street
for extra yard space, which is adjacent to their property.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchasers.
An independent appraisal of the property was conducted
by Robert E. Jones, appraiser of Jones Real Estate
Appraisal and Financial Services, Inc., 1325 Kensington
Avenue, Buffalo, New York 14215. He has estimated the
value of the property to be Five Hundred Dollars ($500).
The Division of In-Rem Properties has investigated the sales
of similar properties in the area. Sales prices range from
Twenty-One Cents (.21) to Fifty-Seven Cents (.57) a square
foot.
The results of our negotiations are that Mr. and Mrs.
Ferguson have agreed and are prepared to pay Eight
Hundred Dollars ($800), Eighteen (.18) Cents a square foot,
for this parcel. They have also agreed to pay for the cost of
the appraisal, transfer tax, recording fee's and cost of the
legal description.
I am recommending that Your Honorable Body approve
the sale of 58 Landon Street to Mr. & Mrs. Ferguson in the
amount of Eight Hundred Dollars ($800). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated February 1, 1999, be
received and filed and
That the offer from Albert C. and Evelyn P. Ferguson,
residing at 373 E. Utica Street, in the sum of Eight Hundred
Dollars ($800.00) for the sale of 58 Landon, 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. 62
RESULTS OF NEGOTIATIONS
190 LANDON, 288.221 E WOHLERS
VACANT LOT: 30' X 142'
ASSESSED VALUATION: $2,100
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase 190
Page 40
99-0209.txt
Landon Street from Mr. Larry Banks, 186 Landon Street,
Buffalo, New York 14208. He intends to use the property for
extra yard space.
The Department of Community Development and Division
of Collections have no objections to the sale. There are no
outstanding taxes, building code violations, or other liens
owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Mr. Michael W. Heigel, appraiser, 148 South Marlin Road,
Grand Island, New York 14072. He has estimated the value
of the property to be One Thousand Dollars ($1,000). The
Division of In-Rem Properties concurs with the appraisers
estimate of value.
The results of our negotiations are that Mr. Larry Banks
has agreed and is prepared to pay One Thousand Dollars
($1,000) for the subject property. He has also agreed to pay
for the cost of the appraisal, transfer tax, recording fees and
cost of the legal description.
I am recommending that Your Honorable Body approve
the sale of 190 Landon Street to Mr. Larry Banks in the
amount of One Thousand Dollars ($1,000). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated February 1, 1999, be
received and filed; and
That the offer from Mr. Larry Banks, residing at 186
Landon Street, in the sum of One Thousand Dollars
($1,000.00) for the sale of 190 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. 63
RESULTS OF NEGOTIATIONS
52 OTIS, 1571 N WOODLAWN
VACANT LOT: 36' X 134'
ASSESSED VALUATION: $2,410
The Department of Community Development, Division of
In-Rem Properties, has received a request from Ms. Carol
Gallon, 56 Otis Place, Buffalo, New York 14209, to purchase
the above captioned vacant lot. Ms. Gallon intends to use
the property for extra yard space.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Robert E. Jones, appraiser of Jones Real Estate
Appraisal and Financial Services, Inc., 1325 Kensington
Avenue, Buffalo, New York 14215. He has estimated the
value of the property to be Eight Hundred Dollars ($800).
The Division of In-Rem Properties has investigated the sales
Page 41
99-0209.txt
of similar properties in the area. Sales prices range from
Twenty-One Cents (.21) to Fifty-Seven Cents (.57) a square
foot.
The results of our negotiations are that Ms. Carol Gallon
has agreed and is prepared to pay One Thousand Four
Hundred Dollars ($1,400), TwentyNine (.29) Cents a square
foot, for this parcel. She has also agreed to pay for the cost
of the appraisal, transfer tax, recording fee's and cost of the
legal description.
I am recommending that Your Honorable Body approve
the sale of 52 Otis Street to Ms. Carol Gallon in the amount
of One Thousand Four Hundred Dollars ($1,400). I am
further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the
mayor be authorized to execute-the same.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated February 1, 1999, be
received and filed; and
That the offer from Ms. Carol Gallon, residing at 56 Otis
Place, in the sum of One Thousand and Four Hundred
Dollars ($1,400.00) for the sale of 52 Otis 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. 64
RESULTS OF NEGOTIATIONS
150 WAVERLY, 500.42' N FERRY
VACANT LOT: 49' X 100'
ASSESSED VALUATION: $1,800
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase 150
Waverly Street from Mr. Larry Ross, 146 Waverly Street,
Buffalo, New York 14208. He intends to use the property for
extra yard space.
The Department of Community Development and Division
of Collections have no objections to the sale. There are no
outstanding taxes, building code violations, or other liens
owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Mr. Robert Jones, appraiser, of Jones Real Estate
Appraisal and Financial Services, Inc., 1325 Kensington
Avenue, Buffalo, New York 14215. He has estimated the
value of the property to be One Thousand Two Hundred
Dollars ($1,200). The Division of In-Rem Properties concurs
with the appraisers estimate of value.
The results of our negotiations are that Mr. Larry Ross has
agreed and is prepared to pay One Thousand Two Hundred
Dollars ($1,200) for the subject property. He has also
agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve
the sale of 150 Waverly Street to Mr. Larry Ross in the
amount of One Thousand Two Hundred Dollars ($1,200). I
Page 42
99-0209.txt
am further recommending that the Corporation counsel
prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated January 21, 1999, be
received and filed; and
That the offer from Mr. Larry Ross, residing at 146 Waverly
Street, in the sum of One Thousand and Two Hundred
Dollars ($1,200.00) for the sale of 150 Waverly 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. 65
SOUTH ELLICOTT URA-PHASE II 289 EXCHANGE
STREET UTILITY EASEMENT
Attached herewith is a Utility Easement by and between
the City of Buffalo Urban Renewal Agency and Niagara
Mohawk/New York Telephone and Adelphia
Communications International. The purpose of this
easement is to extend utility service to a 1.9 acre parcel of
land that BURA owns on 289 Exchange Street.
It is now necessary for Your Honorable Body to set a date
for a public hearing, and to direct the publication of a notice
of said hearing. In the interest of time and anticipating Your
Honorable Body is willing to expedite this matter, I have
taken the liberty to prepare a Resolution together with a
Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Utility Easement
4. Proposed Utility Easement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the Secretary of BURA to
execute the necessary documents.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE CORPORATION COUNSEL AND
THE OFFICE OF TELECOMMUNICATIONS
NO. 66
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
14 PERSIA (CITY OWNED-VACANT LOT, DIMENSIONS
3O' X 121)
The Department of Community Development has surveyed
the city-owned vacant lot at 14 Persia Street, Buffalo, New
York 14211, parcel is 3O' x 121 in dimension; and it has
been determined that this parcel is inappropriate for either
the construction of new housing or needed for public
purposes.
Mr. Bruce Trimmer, residing at 16 Persia Street indicated
that he will clean, improve and maintain the lot in the event
that he obtains title to the property under the Urban
Homestead Program.
Page 43
99-0209.txt
The Division of Inspections and Division of Collections
have been contacted. There are no property code violations,
taxes or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend that the city-owned vacant lot
to be designated as a Homestead Property and be
transferred to Mr. Bruce Trimmer on the condition that the
property is cleared and improved within (6) months and
maintained in a sanitary manner.
Mrs. Lotempio moved:
That the above communication from the Department of
Community Development dated February 1, 1999, be
received and filed; and
That the city-owned property commonly known as a
portion of 14 Persia Street, is hereby designated as
Homestead Property, and that the Mayor be, and he hereby
is authorized to execute a deed transferring said property to
Mr. Bruce Trimmer, residing at 16 Persia Street, for the
amount of $1.00 (One Dollar), and all costs of transfer, on
the condition the property is cleared and improved within six
(6) months and maintained in a sanitary manner.
Passed.
AYES-12, NOES-0
NO. 67
CERTIFICATE OF APPOINTMENT
Appointment Effective February 1, 1999, in the Department
of Community Development, Division of Inspections,
Licenses and Permits, to the Position of Building Inspector,
Permanent, Appointment, at the: Intermediate (Step 3)
Starting Salary of- $ 37,373.
Michael Muscarella, 257 Commonwealth Ave, Bflo,NY
14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 68
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 1, 1999, In the Department
of Community Development, Division of Inspections,
Licenses and Permits, to the Position of Building Inspector,
Temporary, Appointment, at the: Intermediate (Step 3)
Starting Salary of.- $37,373
Michael Castro, 305 Plymouth Avenue, Bflo, N Y 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 69
CERTIFICATE OF APPOINTMENT
Appointment Effective February 1, 1999 in the Department of
Community Development Division of Inspections, Licenses
and Permits to the Position of Building Inspector, Temporary,
Appointment, at the: Intermediate (Step 3), Starting Salary
of. $ 37,373.
William Manuszewski, 45 Kopernik, Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 70
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 1, 1999, in the Department
of Community Development, Division of Inspections,
Licenses and Permits, to the Position of Building Inspector,
Permanent, Appointment, at the: Intermediate (Step 2)
Starting Salary of. $37,373.
Robert Barrali, 322 Starin Ave, Buffalo, NY 14216
Page 44
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Keith Davies, 35 Skillen St., Buffalo, NY 14207
Frank Sandarelli Jr.,2448 Delaware Ave, Bflo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 71
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 1, 1999 in the Department
of Community Development Division of Inspections,
Licenses and Permits to the Position of Building Plans
Inspector, Temporary, Appointment, at the: Intermediate
(Step 4) Starting Salary of. $ 38,728.
Mario Sirianni, 694 Tacoma Ave., Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF STREET SANITATION
NO. 72
RETURN FROM LEAVE OF ABSENCE
DAVID PETRUZZI
This is to advise that David A. Petruzzi, SS#131-054-4416
has returned to his permanent position as Streets Worker
effective February 1, 1999.
He has been on a Leave of Absence since 8/4/97 working
in the Inspection Department.
RECEIVED AND FILED
NO. 73
CERTIFICATE OF APPOINTMENT
Appointment Effective 1/25/99 in the Department of Street
Sanitation to the Position of Equipment
Operator(Permanent), Permanent, Appointment, at the
Maximum Starting Salary of $28,425
Sean Cooley. 568 Dorrance, Buffalo, NY 14218
Marcus Gorski, 186 Shepard St., Kenmore, NY 14217
Ronald J. Miller, 308 Fayette Avenue, Buffalo, NY 142213
Vincent Muffoleto, 27 Joseph Dr.,Apt A, Ton., NY 1.4150
Matthew Rainero, 78 Rebecca Park, Buffalo, NY 14207
Douglas M. Ryan, 1719 Slate Creek, Rd., Apt. #1
Cheektowaga, NY 14227
Martin A. Furmanek 80 Parwood Drive, Cheek, NY 14227
Robert R. Ralph, 581 Plymouth, Buffalo, NY 14213
Paul V. Sullivan, 139 Downing, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 74
CERTIFICATE OF APPOINTMENT
Appointment Effective 2/3/99 in the Department of Street
Sanitation to the Position of Equipment Operator(Temporary)
, Appointment at the Maximum Starting Salary of $ 28,425
William J. Deschenes, 98 Laurentian Drive, Cheek, NY
14225
Steven R. Iraci, 45 Tacoma Avenue, Buffalo, NY 14216
Alan Majewski, 215 Vanderbilt, Buffalo, NY 14206
Thomas A. Weimer, 227 Brookside Drive, Buffalo, NY 14220
William E. Yohn, 672 Prescott Drive, Derby, NY 14047
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 75
CERTIFICATE OF APPOINTMENT
Appointment Effective 2/1/99 in the Department of Street
Sanitation to the Position of Superintendent of Operations, ,
Appointment at the Maximum Starting Salary of $ 46,951
Peter B. Rose, 49 Shoreham Blvd., Bflo, New York 14216
Page 45
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REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 76
PERMISSION TO ENTER INTO A CONTRACT BETWEEN
THE CITY OF BUFFALO YOUTH DIVISION (2300 CITY
HALL) AND THE COMMUNITY SERVICE AGENCY
TITLED CENTRAL REFERRAL SERVICES (2401 CITY
HALL).
AGENCY FUNCTION AND PROPOSAL SUMMARY
Central Referral Services, Inc. is a community service
agency headquartered and operating out of room 2401, City
Hall, Buffalo, New York 14202. Central Referral is a
beneficiary of pass through funds from the Erie County
Division of Youth which is itself is a pass through agency for
Federal Juvenile Diversion People in Need of Supervision
(JD-PINS) crime prevention funds. With Common Council
permission (CCP # 111 approved July 25, 1995) a contract
was entered into between the Buffalo and Erie County Youth
Bureaus with the City Bureau acting in the capacity of
program and Trust and Agency funds administrator for the
benefit of the Central Referral Services, Inc. In turn, Central
Referral Services agreed to (a) establish a youth specific
community services phone bank (referred to as the "the Kid's
Hotline"), (b) provide the City with free access to their
extensive social service and statistical data bases and, (c) to
provide to reference services to all City residents. The
original agreement between the County and City provided for
advance payments by the County to the City payable to
Central Referral for performance of specified duties. The
County has advanced $7,500.00 under a fully executed
contract to the City covering the period January 1, 1998 to
March 31, 1999. The City is in full possession of the funds.
Central Referral Services also leases space on the 24th
floor of this building pursuant to a nominal lease payment of
$ 1.00 per year and subject to other specified rights and
duties. The original agreement which was to be renewed
annually under the original CCP and contract was rolled into
the lease. The Law Department believes the lease
specifying property rights and usually granted for a duration
of one year should be separated from the other non-property
related aspects of the contract. Since the Trust and Agency
aspect of the original agreement is portable (it need not be
carried out in this building to be in force), is of a difference
contractual nature and of a length of time longer than a
standard City lease (15 months), we request permission to
enter into a separate agreement (contract between Youth
and Central Referral) covering the financial and related
performance aspects of the funds administration.
REQUESTED ACTION:
Please permit the Division for Youth to enter into a
contract with Central Referral Services to administer an
advance payment of $7,500.00 from Erie County JD-PINS
funds. The City will issue no further cash payment to Central
Referral other than the $7,500.00 advance.
Mrs. Lotempio moved:
That the above communication from the Division of Youth
dated January 15, 1999, be received and filed; and
That the Director of the Division of Youth, be and he
hereby is authorized to enter into a contract with Central
Referral Services, Inc. to administer an advance payment of
Page 46
99-0209.txt
$7,5000.00 from Erie County JD-PINS funds.
Passed.
AYES-12, NOES-0
FROM THE BOARD OF EDUCATION
NO. 77
REPLACE COAL-BURNING FURNACES IN SCHOOLS
#83 C.C.P. JANUARY 12, 1999
The school district still has two schools with the facilities to
burn coal.
These are Indian Park Academy School No. 70 and
Riverside High School No. 205. The coal conversion to
gas/oil fuel work so far has been:
Phase 1: Schools 28, 61 and 65: Design through
installation: Spring .97 Summer 98.
Phase II: Schools 81 and 195: Design through installation:
Spring 98 - 99.
Based on this set-up of phasing the work year to year as
funds are available, we are in the hopes of a "Phase III" to
continue and complete the work on the 'remaining two
schools. We also have found that conversions made on
your own, eliminate the converted systems from the use of
Environmental Bond Funds.
I would therefore recommend a "wait and see" scenario
until this spring in hopes additional funds become available
for the remaining work.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO. 78
MAYOR REPORTED OUT OF STATE
I transmit herewith communications received by me from
the Mayor, reporting his absence from the state from 7:00
a.m. on Wednesday, January 27, 1999 until 11:30 a.m.,
Friday, January 29, 1999.
RECEIVED AND FILED.
NO. 79
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
Street Sanitation
Administration & Finance
Public Works
HSPR
Fire
Common Council
Law-Claims
Community Development
Streets
RECEIVED AND FILED
NO. 80
RE-APPOINTMENT OF MARRIAGE OFFICERS
I hereby request that the Common Council Re-appoint the
following individuals as Marriage Officers pursuant to
Chapter 49 of the Laws of New York State (1989) and
expiring December 31, 2003, or their leaving the office they
Page 47
99-0209.txt
now hold:
Charles L. Michaux III
Gerald A. Chwalinski
George K. Arthur
Byron W. Brown
Alfred T. Coppola
Richard A. Fontana
David A. Franczyk
Beverly A. Gray
Kevin J. Helfer
Rosemarie LoTempio
Dennis T. Manley
James W. Pitts
Robert Quintana
Barbara Miller-Williams
Dale L. Zuchlewski
ADOPTED
NO. 81
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- DEBORAH KADER
Police-ROBBIN THOMAS, BRIDGET SZYMANSKI,
PATRICIA DENECKE, CLENYLAND WILSON, WALTER
HRYNZAK
Fire- JOHN LYDON
Street Sanitation- KEVIN BANES, ROBERT RALPH, PAUL
SULLIVAN
Administration and Finance-ROBERT SIENKIEWICZ
RECEIVED AND FILED.
NO. 82
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
City Planning Board
RECEIVED AND FILED.
NO. 83
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern
Mrs. LoTempio moved the approval of the appointments to
the position of Council Intern.
ADOPTED.
Appointment Effective: January 28, 1999 in the
Department of Common Council Division of to the Position of
Intern IV, Seasonal, Non-Competitive, at the Flat Starting
Salary of: $6.00 per hr.
Danelle Danforth, 91 Saranac Ave., Buffalo, NY 14216
Shatikqua Lewis, 342 Starin Ave, Buffalo, NY 14216
NO. 84
APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
Page 48
99-0209.txt
I transmit herewith appointments made in the Mayor's
Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective February 2, 1999, in the
Department of Mayor's Office, Division of Mayor's Summer
Youth & Intern Program to the Position of Intern VI,
Seasonal, Non-Competitive, at the Flat, Starting Salary of
$10.00/hr
Clyde Richards, 132 Elmhurst PI., Buffalo, N.Y. 14216
NO. 85
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 January 29, 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
Caitlin Bogucki, 15 Wasson, Buffalo 14210
Appointment Effective: January 25, 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
Irving Scrivens, 311 Cornwall, Buffalo 14215
DEPARTMENT OF PUBLIC WORKS
Appointment Effective January 30, 1999 in the Department
of Public Works Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary,
Appointment, at the Flat, Starting Salary of: $7.33
Michael J. Quinn, 30 Lockwood Avenue, Buffalo 14220
APPOINTMENT OF STREET SANITATION
Appointment Effective January 22, 1999, in the Department
of Street Sanitation, to the Position of Seasonal Laborer,
Seasonal, Non-Competitive, at the Flat, Starting Salary of
$6.92 hr.
John H. Clark, 1063 West Avenue, Buffalo, NY 14213
NO. 86
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment Effective January 25, 1999 in the Department
of Administration and Finance Division of Parking
Enforcement to the Position of Parking Meter Coin Collector,
Temporary. Non-Competitive, at the Minimum Starting
Salary of $9.00
John J. Iapichino, 514 Tonawanda Street, Buffalo 14207
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99-0209.txt
DEPARTMENT OF COMMUNITY DEVELOPMENT
Appointment Effective: February 1,1999 in the Department
of Community Development Division of Inspections,
Licenses and Permits to the Position of Building Inspector,
Permanent, Appointment, at the: Minimum Starting Salary of
$ 34,654.
Brian Higgins, 63 Densmore Avenue, Buffalo, NY 14220
Joseph Latona, 143 West Ferry St., Buffalo, NY 14213
Patrick Sullivan, 70 Ashland Ave. Buffalo, NY 14222
Appointment Effective: February 1, 1999, in the
Department of Community Development, Division of
Inspections, Licenses and Permits, to the Position of
Building Inspector, Temporary, Appointment, at the
Minimum, Starting Salary of $34, 654.
David Grundy, 17 Florence Avenue, Buffalo, NY 14214
Douglas Randall, 27 Briggs Avenue, Buffalo, NY 14207
Appointment Effective January 25, 1999 in the Department
of Community Development Division of Inspections,
Licenses and Permits to the Position of Electrical Inspector,
Provisional, Appointment, at the Minimum, Starting Salary of
$34,654.
James Dunphy,156 Bloomfield Ave.,Buffalo, NY 14220
DEPARTMENT OF HUMAN SERVICES PARKS AND
RECREATION
Appointment Effective: January 26, 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
Mary Victori, 1209 Seneca, Buffalo 14210
Mary Skibinski, 16 Wasson, Buffalo 14210
Melanie O'Rourke, 196 Orlando, Buffalo 14210
Appointment Effective: January 26, 1999 in the
Department of Human Services, Parks & Recreation Division
of Youth, to the Position of Supervisor, Temporary,
Appointment, at the Flat, Starting Salary of: $ 6.00 p/h
April Nicastro, 252 Massachusetts, Buffalo 14213
Rita Adgate, 213 Orlando, Buffalo 14210
Appointment Effective: January 25,1999 in the Department
of Human Services, Parks & Recreation Division of Youth, to
the Position of Supervisor, Temporary, Appointment, at the
Flat, Starting Salary of: $ 6.00 p/h
Linda Marchese, 191 Hodge, Buffalo 14222
Melissa Nicpon, 27 Newton, Buffalo 14212
David Shamrock,86 Commonwealth, Buffalo 14216
JoAnne Syracuse, 88 Wellington,Buffalo 14216
Carzaela Trippi, 26 Woodette, Buffalo 14207
Cliffie Turner, 109 Pembroke,Buffalo 14215
Eileen Eckstein, 106 Eckhert, Buffalo 14207
Yvonne Answeeney, 52 O'Connell, Buffalo 14204
Lynn O'Neil, 24 Winslow, Buffalo 14208
LeMar Robinson,634 East Ferry, Buffalo 14211
Appointment Effective: January 25, 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, 77 Parkside, Buffalo 14214
Beverly Semenow, 453 Amherst, Buffalo 14207
Rosie Woodfork, 236 Bissell, Buffalo 14211
Benjamin Smith, 401 Delaware, Buffalo 14202
Melissa Robinson, 634 East Ferry, Buffalo 14211
Len R. Tatum, 76 Sussex, Buffalo 14215
Marcus Turner, 183 Goulding, Buffalo 14208
Page 50
99-0209.txt
Patricia Schultz, 9 Heward, Buffalo 14207
Angela Guagliano, 68 Lovering, Buffalo 14216
Stella Yebernetsk, 67 Royal, Buffalo 14207
Joseph Zon, 129 Military, Buffalo 14207
David Wassam, 4 Elgas, Buffalo 14207
Gary Nelson, 341 East, Buffalo 14207
Joan Barone, 85 Hertel, Buffalo 14207
Maureen Smith, 14 Brost, Buffalo 14220
Mark Sumbrum 19 Rutland, Buffalo 14220
Nicholas Heidinger, 172 Alab, Buffalo 14204
Rebecca Harzewski, 73 Vernon, Buffalo 14214
Joseph Baran, 64 Vernon, Buffalo 14214
Angela Cislaghi, 234 University, Buffalo 14214
Donna Haeick, 169 Brinton, Buffalo 14216
David Celano, 28 Woodette, Buffalo 14207
Darlene Brown, 41 Oxford, Buffalo 14209
JoAnne Syracuse, 88 Wellington, Buffalo 14216
David Shamrock, 86 Commonwealth, Buffalo 14216
Robert Lodinsky, 147 Bird, Buffalo 14213
Keay Miles, 4 Newburgh #4, Buffalo 14211
Rose Aquilina, 145 Dorchester, Buffalo 14213
Mary Geraci, 29 Elam, Buffalo 14214
Helen Sciolino, 30 Tremont, Buffalo 14213
Josephine Gandolfo, 251 Massachusetts, Buffalo 14213
Paula Maraschello, 241 Rhode Island, Buffalo 14213
Frances Gonzalez, 7 B Jasper Parrish, Buffalo 14207
Victor Velez, 600 West, Buffalo 14213
April Nicastro, 252 Massachusetts, Buffalo 14213
Catherine Snyder, 8 Hertel #404, Buffalo 14207
Peter Botticelli, 316 Normal, Buffalo 14213
Michelle Nicpon, 40 Seymour, Buffalo 14210
Patricia Parker, 757 Smith, Buffalo 14206
Sherry Gibson, 29 Newton, Buffalo 14212
Melissa Bachert, 156 James, Buffalo 14210,
Darius Huff, 76 Sussex, Buffalo 14215
R. L. Tabor, 437 Monroe, Buffalo 14217
Mona Gault, 135 Strauss, Buffalo 14212
DEPARTMENT OF LAW
Appointment Effective 1/19/99 in the Department of Law,
to the Position or Assistant Corporation Counsel II,
Temporary, Non Competitive, at the Minimun/Flat,Starting
Salary of 48,66,
Carmen J. Gentile, 474 Seventh Street Buffalo, New York
14201
DEPARTMENT OF POLICE
Appointment Effective 02/01/99, in the Department of Police,
to the Position of Crossing Guard, Temporary, Non
Competitve, at the: Minimum, Starting Salary of $6.09
Anita Hansbrough, 27 Richlawn Ave., Buffalo, NY 14215
Mary E. Roberts, 675 Best St., Buffalo, NY 14211
Appointment Effective: January 28, 1999, in the
Department of Police, to the Position of: Police Officer,
Permanent, Appointment, at the Minimum , Starting Salary
of: $ 34,057
Walter A. Hrynczak, 25 Hollywood Avenue, BfLo,NY 14220
Christopher Mendola, 12 Abbottsford Place, Bflo, NY 14213
Kevin R. Paul, 68 Dundee Street, Buffalo, New York 14220
Carl A. Lundin, 1024 Kenmore Avenue Apt. 8 Buffalo, New
York 14216
Michael L. Bauer, 15 Stratford Road, Bflo, N Y 14216
Bridget A. Szymanski,55 Littlefield Avenue Bflo, NY 14211
Page 51
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Clyvette Grayson, 108 Oneida Street, Bflo, N Y 14206
George R. Nash, 91 Highgate Avenue, Bflo, N Y 14214
Derrick Floyd, 324 Highgate, Buffalo, New York 14215
Robbin M. Thomas, 485 Ashland Avenue, Bflo, NY 14222
Simone Brown, 79 Kilhoffer Street, Bflo, N Y 14211
Pamela L. Westbrook, 527 Shirley Avenue, Bflo, N Y 14215
Dawn M. Lopez, 24 Altruria, Buffalo, New York 14220
David F. Acosta,60 Heussy Avenue, Bflo, N Y 14220
Sheila V. Suggs, 57 Schuele Avenue Bflo, New York 14215
Appointment Effective: January 28, 1999, in the
Department of Police, to the Position of: Police Officer,
Contingent Permanent, Appointment, at the Minimum ,
Starting Salary of: $ 34,057
Derrick J. Ferrell, 148 Bickford Avenue, Buffalo, N Y 14215
Lavonne R. Handsor 130 North Parade, Buffalo, New York
14211
Todd S. Saffron, 72 Roehrer, Buffalo, New York 14208
Terry B. Polk 37 B Street, Buffalo, New York 14211
Roscoe C. Henderson 7 Marine Drive Apt 12B Bflo, NY
14202
Appointment Effective: February 1, 1999, in the
Department of: Police, to the Position of: Police Officer,
Contingent Permanent, Appointment, at the Minimum,
Starting Salary of: $ 34,057,
Brian 0. Griffin, 263 Okell Street, Buffalo, N Y 14220
Appointment Effective January 25, 1999, in the
Department of: Police to the Position of: Public Safety
Dispatcher, Permanent, Appointment, at the Minimum,
Starting Salary of: $ 25,146
Pamela A. Zawistowski, 164 Alabama Street Buffalo, New
York 14204
Appointment Effective: January 25, 1999, in the
Department of: Police, to the Position of: Report Technician,
Permanent, Appointment, at the: Minimum, Starting Salary
of: $ 23,705
Susan A. Tinti, 177 Breckenridge, Bflo, New York 14213
DEPARTMENT OF PUBLIC WORKS
Appointment Effective February 1, 1999 in the Department
of Public Works Division of Buildings to the Position of
Building Code Specialist, Temporary, Appointment, at the
Minimum, Starting Salary of: $36,565
W. Gregg Harris, 264 Baynes Street, Buffalo 14213
DEPARTMENT OF STREET SANITATION
Appointment Effective 2/3/1999 in the Department of
Street Sanitation to the Position of Truck Driver(Temporary)
Appointment, at the Minimum, Starting Salary of: $24,683
Donald R. Palmer, 31 Philadelphia, Buffalo, NY 14207
Appointment Effective 2/8/1999 in the Department of
Street Sanitation to the Position of Truck Driver(Temporary)
Appointment, at the Minimum, Starting Salary of: $24,683
William T. Orr, Jr., 53 Frank, Buffalo, NY 14210
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 87
ADELPHIA
CHECK FOR PUBLIC, EDUCATIONAL & GOVERNMENT
ACCESS
Page 52
99-0209.txt
We are pleased to present the attached check which
represents Adelphia's commitment to Public,
Educational & Government Access (PEG) per our franchise
agreement. Our check number 274688, dated
January 20, 1999 is attached.
The detail for this check are as follows:
1. Sec.31.2 (a): General Support $ 145,735
2. Sec.31.2 (b): Particular Support $ 0 (in calendar
1999)
3. Sec.31.2 (c): Particular Support $35,000
Total amount......................... $ 179,847
If you have questions regarding the calculations utilized in
preparing this payment, please contact either myself or
Arthur Nephew.
RECEIVED AND FILED
NO. 88
RE: BFLO. CHARTER REV. COMM. MINUTES-1/27/99 &
2/4/99
Attached are the buffalo charter revision commission
minutes from special meeting of January 27, 1999 and
regular meeting of February 4, 1999.
REFERRED TO THE COUNCIL PRESIDENT
NO. 89
J. CONTINO - CURRENT ZONING /DEED RESTRICTIONS
-64O FOURTH STREET
COM (80) DEC. 15, 1998 Attached Petition to rezone 640
Fourth street
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 90
BUFFALO SOFTBALL LEAGUE INC.
DELAY IN FILING DISCLOSURE FORMS BFLO.
SOFTBALL LEAGUE
On behalf of the Board of Directors of the Buffalo Softball
League Inc., I submit this letter to inform you that an
unavoidable delay precludes the timely filing of the annual
financial disclosure statement of the BSL Inc.
All necessary materials to complete our annual audit have
been presented to James Amato & Co. The BSL Board
anticipates Amato & Co. to present their findings to us in the
very near future. The Board of the BSL will then officially file
the document with the City Clerk.
The BSL Board apologizes for any inconvenience this may
cause and thanks you for your patience and understanding
in this matter.
RECEIVED AND FILED
NO. 91
IRONISLAND PRESERVATION SOCIETY OF LOVEJOY
HENNEPIN PARK EXPANSION PROJECT
The Iron Island Preservation Society of Lovejoy, Inc. has
numerous questions regarding the Hennepin Park
Expansion Project.
We are requesting that the questions, listed by department
or agencies, be answered and submitted to the Hennepin
Park Sub-Committee for the February 8, 1999 meeting.
CITY OF BUFFALO - COMMUNITY DEVELOPMENT
1 . Who presently owns the Hennepin Park Community
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99-0209.txt
Center?
2. Who will own the Hennepin Park Community Center after
the expansion?
3. Did the City of Buffalo have to purchase replacement
land? If so, at what cost?
4. How will the City of Buffalo support the cost for the
additional personnel, fringe benefits, equipment, supplies,
utilities, etc. if the expansion is to take place.
5 .If, as stated by Councilmember Richard Fontana, the
replacement land is inadequate due to location and amount
of work needed to repair the land, why are we using it?
6. Who was the individual or individuals who wrote the
grant?
7. Hennepin Park is currently zoned R2, if this is the case
why was the original Hennepin Park Community Center put
on residential land? How can an office building with a
business (daycare) be put there without a zoning change.
CITY OF BUFFALO-PARKS DEPARTMENT
1 . What are the present costs of utilities for the Hennepin
Park Community Center?
2. How many employees presently work at the Hennepin
Park Community Center?
3.. What are the hours of operation of the Hennepin Park
Community Center?
4. What are the present recreational activities taking place at
the Hennepin Park Community Center?
5 .Are there any recreational activities at the Hennepin Park
Community Center that are run by anyone apart from the
City of Buffalo employees? If so, is there a fee? Who runs
these activities?
6. What are the present activities at the Hennepin Park
Community Center other their recreational?
CITY OF BUFFALO-COUNCILMEMBER RICHARD
FONTANA
1. How many licensed day-care centers or homes are
currently in the Lovejoy neighborhood?
2. As you stated, at the Finance Committee meetings, can
money still be made available to strictly renovate the existing
building?
OFFICE OF CHILDREN AND FAMILY SERVICES
1 .Why was the Hennepin Park Community Center Youth
Center Program grant awarded as a New Construction when
it was applied for as a Rehabilitation?
2. How many points were given to this grant & where did it
stand against other grant requests?
3. How many points were given to each program and what
were they?
4. Page 14, Number 5 of the Request for Proposal (RFP)
states "The Division reserves the right to award contracts to
as many or as few applicants as it may select, to accept or
reject any or all proposals which do not completely conform
to the instructions given in this R17p, and to cancel, in part
or in whole, this REP if the Division in its sole discretion is it
to be in its best interests to do so". The request of the
community is to renovate the existing building, why can't the
expansion be canceled and the renovation being performed?
5. Please supply to this committee with the investigation filed
by the Inspector General Warren Delp from 1993, File #SrU-
92-019.
6. How much money from the grant is for the renovation of
the Hennepin Park Community Center? How much money
is for the expansion?
7. How much of the new expansion is for office space, day-
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care, recreation and senior activities?
8. How large will the fenced in playground be for the day-
care center?
ADVISORY BOARD OF LOVEJOY ELDERLY AND YOUTH
(ABLEY)
1 .What is the area being serviced by the programs? Is it
just "Iron Island" or is it the district and/or City?
2. What are the hours of operation going to be for ABLEY if/
when they move into the new expanded office building?
3 .How many additional employees must be hired to staff the
day-care center? How will this be funded?
4. Where will the children come from to use the day-care
center? How many children will there be?
5. How many additional employees must be hired to staff the
expanded recreational activities?
6. What will the additional recreational activities be?
7. How many full time employees are presently employed by
ABLEY? What are their posit i ions? What are their
salaries?
8. How many part time employees are presently employed
by ABLEY? What are their positions? What are their
salaries?
9. How many children are currently serviced by the latchkey
program? Is there a waiting list?
10. How many handicapped children/adults are presently
served by ABLEY? Is there a waiting list?
11. How much is ABLEY paying for rent & utilities at their
present location? Has there been a rent increase or
decrease since 1990? If so, when and how much?
12. Who will be responsible for the maintenance and utilities
in the new expanded building? What is the estimated cost?
How will it be funded?
13. What are ABLEY's current programs? Recreational
activities?
14. Who are ABLEY's current funding sources? How much
is received per source?
15. Has ABLEY lost any programs/activities since the 1990
grant application?
16. With the addition of a senior nutrition room to the existing
Hennepin Park Community Center, will the senior from Msgr.
Geary Apartment, 1250 Bailey Avenue have to cross Bailey
Avenue to use it? Will the 1250 Bailey nutrition room be
closed or will services be duplicated and more employees
hired?
17. Will this senior nutrition room be strictly for the seniors of
the Lovejoy neighborhood? The District or the City?
18. Will anyone else (youths, community groups, etc.) be
able to use the senior nutrition room?
Please add Mr. David Kuntz as the second member from the
Hennepin Park Preservation Society to the Hennepin Park
Sub-Committee.
If clarification is needed on any of the above please feel free
to contact us at 891-9491) or 892-3084.
REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 92
S. GODZISC SUPPORT COUNCILMEMBER FRANCZYK
FOR COUNCILMEMBER AT LARGE POSITION
I have been watching with great interest the news stories
regarding the resignation of Councilmember-at-Large
Barbara Kavanaugh. Her resignation leaves a vacancy on
the Council for the at-Large position. I enthusiasticall
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support Fillmore C6uncilmember David Franczyk for that
appointment. His grasp of City-wide issues is evident in the
fact that he has taken a leadership role on issues effecting
the City as a whole. His experience makes him ideal for the
position.
In the event that the Council would appoint Mr. Franczyk
to the Councilmember-at-Large position, I would like to e my
interest in being appointed to the Fillmore District s which
would then be vacated by Mr. Franczyk. I feel that I am the
best qualified candidate for that position. As former Fillmore
District Councilmember I am familiar with the job itself and
would be able to begin immediately wit a long orientation
period. I am a life-long resident of the District and am very
familiar with its neighborhoods and its problems. I am active
in civic and political organizations and serve as a Democratic
committeeman for Fillmore 14. I feel that I can work well-
with the agency working in the District and with the present
Council to meet the needs of the District. There is no one
else residing in the District that possesses all these
qualifications.
I thank you in advance for your consideration and will be
calling you soon to schedule an appointment to meet with
you.
RECEIVED AND FILED
NO. 93
M. HASTREITER COMMENTS -HENNEPIN PARK
1. Spoke to representative from Open Space Institute in
New York City. He stated that taking a park for an office
building is a really sad situation. He said that there is no
excuse for using parkland. He also stated that in New York
City, the developers are getting so gluttonous that they are
taking Community Garden space for housing.
2. Also spoke to representative from SCORP which is The
New York State Comprehensive Outdoor Recreation Plan
and she is sending us information regarding the legality of
the grant stating that the planned improvements for
Hennepin Park are consistent with their Master Plan.
3. The park land was never alienated for the first addition
to the Community Center thus making this an illegal act.
4. The money from the Land & Water Conservation Fund
was misused in 1978 and there is $12,000.00 which was
earmarked for improvements which were not completed.
Where is this money?
5. Where is the account for LOVEJOY PARKS from the
Walden Heights project? - $350,,000.00.
6. Submit letter by Bill Kindel, Councilperson/Amherst,
NY.
REFERRED TO SPECIAL COMMITTEE ON HENNEPIN
PARK
NO. 94
D. JACKSON-SR. PAARO APPT. COUNCILMEMBER AT
LARGE
We are highly insulted to think that David Franczyk,
presently of the Fillmore District is being appointed as
Councilman at Large for the City of Buffalo.
Many of us vvithin the Fillmore District do not feel Mr.
Franczyk has remotely performed his duties as a
representative for all of his constituents. We are reminded
on a daily basis of our plight as African Americans not only
Within our district but throughout the entire city. Legislator
Greg Olma is deserving of our criticism also.
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We ask that this letter, in opposition to Mr. Franczyk's
appointment as councilman at large, be entered into the
record. It should stand to reason that when one cannot fairly
represent all residents within a smaller district, it is tragic to
appoint that same person to a broader population with an
increasingly problematic, and a more diverse population, and
then have high expectations that the representative's
capabilities will improve. It is not a question of the race card.
It is a question of reality, and priorities.
Many of us are tired of the same old political chess games.
It is time to get real and model a plan for the entire rebirth of
the entire city and its residents. We want economic grovAh
vAth lasting results. Not economic building off the miseries
of the poor and disenfranchised. Not financial gain, that
definitely discriminates in its benefits to a select few.
If there are any questions, do not hesitate to contact me at
the above listing.
RECEIVED AND FILED
NO. 95
WM. KINDEL OPPOSE BLDG. PROJECT HENNEPIN
PARK
I would appreciate it if this information could be entered
into the record at the meeting for Hennepin Park.
Iron Island/East Lovejoy was a great place to grow up. Our
schools were excellent due to teachers who really cared.
After school the kids of Iron Island were lucky to have super
adults like Art PelIzer, and others, who made opportunities
for after school programs in sports, scouts, and social
events.
But perhaps the best place to be in East Lovejoy was
Hennepin Park. This little piece of green nestled in a very
busy area gave thousand of hours of happiness to children
and adults alike.
Summertime in Hennepin Park provided a place to swim,
play ball, play tennis, and in the wintertime enjoy ice-skating.
Yes, even after dark it was a special place to go for a walk
with a girl.
Then as now the kids of East Lovejoy are not
overwhelmed with worldly goods. Going to the show or
buying a pair of sneakers is probably as tough today as it
was then. Sadly Hennepin Park has been reduced in size to
make room for buildings that could of easily of been built
elsewhere.
After talking with Marge Hastreiter of the Iron Island
Preservation Society, I could not believe that the State and
City government would even consider allowing more
buildings in Hennepin Park.
The green space in Hennepin Park is needed now more
than ever to provide a place for kids to play and everyone to
enjoy a little bit of nature.
Please say no. Please say no in a loud and clear voice.
No more building in Hennepin Park.
RECEIVED AND FILED
NO. 96
"A. COPPOLA-PROBLEM-NIMO-CITY MISSION" (#41
C.C.P. JAN 26,1999)
We are responding to your correspondence on the above
referenced item, in an effort to further the understanding of
our position with respect to the City Mission. This action is
being pursued for two basic reasons.
First, existing laws and tariffs do not authorize residential
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rates for religious organizations. Instead, they authorize
residential rates to qualifying premises of religious
organizations, specifically for electric and gas service to
premises predominantly used by religious organizations in
connection with religious purposes. Based on our
interpretation of applicable laws and tariffs, we remain
convinced that the predominant use of the City Mission
facilities, and thus its electric service, is not intrinsically
religious in nature. While we acknowledge that traditional
religious services are conducted at certain times on a portion
of the premises, most of the time most of the premises are
utilized for non-religious activities.
As such, we are unable to distinguish this shelter from others
in the community that provide similar services but are not
affiliated with a religious organization. To arbitrarily provide
residential service to non-qualifying customers would inflate
the cost to serve true residential customers.
Our findings and determinations to date have been, we
believe, fully consistent with various rulings and judgments
made by the New York Attorney General, the Public Service
Commission and the Court of Appeals.
Second, the approach used by Niagara Mohawk in this case
is required by the applicable laws and has been fully
endorsed by the State of New York Attorney General. To do
otherwise would put us in direct violation of existing laws and
in violation of a binding agreement reached between our
company and the Office of the Attorney General.
Finally, I am compelled to say that our actions are in no way
an effort to diminish the good works of the City Mission
within and for of this community. This remains, however, an
issue of fairness in the way that applicable laws and tariffs
are applied to all customers.
Likewise, we believe the characterization of Niagara
Mohawk as uncharitable is unfair. We support hundreds of
organizations and the people they serve through the work of
our Niagara Mohawk Foundation, company and employee
donations to United Way and other organizations, and the
company-supported volunteer efforts of our employees.
We will make every effort to keep the Council informed as
this matter proceeds. Thank you.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIFILIZATION OF ELECTRICAL SERVICES
NO. 97
NYS TRANSP.REHAB -KENSINGTON EXPRESSWAY
Rehab. of Kensington Expressway Arterial Highway
Ramp Bridge/Rts. 198 and 33 in the City of Buffalo
Erie County.
The completed work on this contract was accepted by this
department on December 1, 1998.
The state will resume maintenance of the highway. All
intersecting public roads, highways or streets not on the
state highway system shall be maintained by the agency or
local unit of government having jurisdiction beyond the
outside edge of shoulder, curb line, or back of ditch of the
state highway across the intersection.
All existing sanitary sewers and other sewers not deemed to
be a part of the project by the commissioner, all watermains,
hydrants and other municipally or privately owned facilities
within the limits of the highway R.O.W. which remain in
service unchanged, and all such facilities relocated or
protected as part of the work performed under this contract,
whether crossing, located within or adjacent to the R.O.W.
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99-0209.txt
shall be maintained by the municipality or agency owning or
having control and jurisdiction thereof at no cost or expense
to the state.
RECEIVED AND FILED
NO. 98
NYS TRANSP. AUTH.
RECONSTRUCT BAILEY AVENUE,
The completed work on this contract was accepted by this
department on December 14, 1998.
The maintenance responsibilities for those features indicated
on the attached contract plan sheet are hereby turned over
to your agency.
RECEIVED AND FILED
NO. 99
JODI J. PERDZIAK
CONCERNS CLOSING CONSOLIDATIONS LIBRARIES
I am writing to you because I have just become aware of
plans to consolidate and close library facilities in the city of
Buffalo. Ibis proposal outrages me. I have lived in this city
my entire life and cannot imagine it without a library in every
neighborhood.
I see the demise of schools and kids and values all around.
Libraries are an essential part of a child's education.
Children need access to books and resources. Parents now
work full time and /or do not drive and would be unable to
transport kids to and from a library in another area, Of all the
ideas of areas to make cuts, I truly believe this is one that
should be untouched.
I have been fortunate enough to have a library just around
the comer from my house and have taken advantage of that
many times. Libraries are a positive influence. They
Encourage children to read, learn and to better themselves.
All children should have access to this type of facility. As a
child, I enjoyed the library facilities in Buffalo by attending
story and movie hours. I also earned a library pin for
dedication when I was younger.
I grew up in the city and attended city schools through my
graduation from high school a few years ago. Having the
resources a library can provide helped me greatly during
those years. It also helped me when I was in college. City
schools do not have the necessary resources to give
children a good education; I firmly stand by that. Do not take
away any chance that they may have to supplement that
education. It brings a smile to my face to see kids trying and
learning. You would be doing a great disservice to the entire
city by closing and consolidating libraries. They are an asset
to the present and future communities of Buffalo.
I am writing to you in hopes that my voice will be heard, my
opinion counted and my thoughts considered. Please save
our libraries we really need them.
RECEIVED AND FILED
NO. 100
L. RENFORD CCAPA
POLICE BRUTALITY /POLICE MISCONDUCT
Please file this Ietter and distribute to the Common
Council and the members.
RECEIVED AND FILED
NO. 101
B. SCHROEDER
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ELBTA -SUPPORT IMPROVEMENTS PROJECT
HENNEPIN PARK
I would like to take this opportunity to thank our
Councilmember for attending last Tuesday's regularly
scheduled meeting of our Organization. In particular, we
were pleased to hear, directly from him, on the status of the
Improvement Project. Also, we appreciate his consideration
by adding 2 of our members to the Sub-Committee. I
herewith appoint myself, and our Vice President, Norman M.
Bakos, as our representatives.
For the record, we would like to confirm that at the meeting
Tuesday, January 20th, 1999, after hearing all the facts from
our Councilmember, a motion was made, and properly
seconded, which stated that the ELBTA go on record, again,
in support of an expeditious conclusion to any delays and/or
remaining items, so that the construction can begin at the
earliest possible moment. However, we do not want any of
the proposed services to be cut, from what was originally
planned. This was passed enthusiastically and
unanimously!!
Councilmember, many, many of us, the majority of this
community, feel that this project has been delayed for far, far
too long. It is time to get it off the drawing board, and out of
the courts, and get it completed, so that it can service our
community.
We hereby asssure you, that while our actions in the past
have been minimal, and allowed our friends and
neighborhood resident objectors an opportunity to pursue
their legal options, and publicly express their objections to
the use of parkland for the project without reply, that issue is
now settled! It went all the way up to the U.S. D6partment of
the Interior (Superintendent J. Keith Everett) and the final
conclusion is that the use of the Parkland is acceptable,
subject to certain conditions, which have been accepted by
the NYS Office of Parks, Recreation & Historic Preservation
(Mr. Kevin Bums) and the City of Buffalo. That fight is over
so let us all now join together, proponents and opponents, to
get the best possible product for our community!!
While we realize that there will always be some in the
Community, that will feel anger and frustration at the act that
the Objectors, delayed the project for over 9 years, and
demanded, and received, a number of concessions, thereby
raised the costs to the taxpayers, to over $750,000, we must
acknowledge herein that it was their legal right to do so,
however costly to the Community. That fight is over, also, so
again, I say, let us all now join together, proponents and
opponents, to get the best possible e pr for our community.
REFEREED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 102
B. SCHROEDER
ELBTA GRANT USE STIPULATION
At the last meeting (January 21, 1999) Mr. Peter a
representative of Mayor Masiello, advised the Sub-
Committee members that was his understanding the Mayor
had made an inquiry to Albany, last September, to request a
clarification as to whether-or-not, the Grant monies could be
used to renovate the Hennepin Center, without an
expansion.
It was Mr. Savages understanding that either $2.7 MILLION
grant monies would be used for the purposes spelled out in
the Approved grant Application, or the monies would be
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reclaimed. The Award had been made at the conclusion of a
very competitive analysis and any change in the resulting
Project would negatively alter its ranking, and cause the
forfeit of funds.
On numerous occasions we have heard opponents suggest
that they have "no objections' to having ABLEY provide
services from the Building and acknowledging that the
present facilities are both, inadequate & inaccessible.
However, this cannot be done without the expansion,
therefore it should be stipulated that relative to the $2.7
MILLION Grant, we either USE IT (as intended) OR LOSE It.
There are no more options.
That fight is over, so let us now, all work together, opponents
& proponents alike, to get the best possible product for our
community!
We respectfully request that this letter be made a part of the
Sub-Committee file and that copies thereof be distributed to
each member.
REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 103
B. SCHROEDER ELBA SUPPORT IMPROVEMENTS
HENNEPIN PARK
Third Floor Option
I respectfully request that this letter and the attached
thereto, be entered into the Sub-Committee file, and further,
that copies thereof, be distributed to each Committee
member.
There have been comments about the possibility of adding
another floor to the already, 2 floor design, in an effort to try
and eliminate the use of parkland. The ELBTA contacted
the Architects, Macon, Chaintreuil, Jensen & Stark to
discuss this option and were advised that this "would entail
considerable additional time and expense and would
considerably increase the cost of the project".
I would sincerely hope that this revelation will, once & for all,
end consideration of that option.
REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 104
B. SCHROEDER ELBTA SPACE USAGE OF EXPANDED
HENNEPIN PARK COMMUNITY CENTER
I respectfully request that this letter and the attached fax
be entered into the Sub-Committee file, and further, that
copies be distributed to the members.
On numerous occasions, I have heard persons refer to the
Improvement & Expansion as the "Hennepin Park-State of
NY Office Building Expansion", which I feel is most
erroneous & misleading. Therefore, the ELBTA took the
liberty to contact the Architects, Macon, Chaintreuil, Jensen
& Stark for their calculation of the space allocations.
The attached faxed info details that 7,600 square foot of
parkland will used for the addition. On the first floor, 4,800
sq ft of that, is for "day care & youth services" and 2,800 sq
ft is for "common space" (corridors, stairs, reception,
mechanical, etc.). On the second floor, there are 2,250 sq ft
used for "elderly activities", 2350 for "common space" and
only 3,000 used by ABLEY for its "offices". (This is
equivalent to a space of only 55.5 ft x 55.5 ft).
I sincerely hope that this "factual information" will clarify,
once & for all, the usage proportions.
Page 61
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REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 105
ELBTA
USE OF HENNEPIN PARKLAND
I respectfully request that this letter and the attached
accompanying documents be entered into the Sub-
Committee file, and further, distributed to the members
thereof.
1) Letter, dated April 29, 1998, from Superintendent J. Keith
Everett, United States Department of the Interior, National
Park Service, Philadelphia, to Mr. Kevin Burns, Chief of
Grants, New York State Office of Parks, Recreation &
Historic Preservation, Albany, NY, (This letter grants
approval to permit the conversion of .25 acres of hennepin
park land, based on certain conditions contained therein.)
2) Letter, [with attachment] dated November 9, 1998, from
Mr. Kevin [turns to Mayor Masiello. (This letter requests re-
confirmation, by the mayor, of the city's commitment to the
u.s. department of the interior's requirements).
3) Letter, dated November 23, from Mayor Masiello,
responding to Mr. Kevin Burns. (This letter re-confirms the
city's acceptance & commitment that all federal stipulations
will be met.)
This series of letters should, once and for all, establish
documentary evidence that, after 9 years, all the legal
objections, advanced by the opponents, to the use of the
0.25 acres of Hennepin Parkland have been satisfied.
They had a legal right to express their concerns, and to do
what they did, regardless of the results, but that fight is now
over, so let us all, join together, proponents and opponents,
to get the best possible product for our community.
TO THE SDECIAL COMMITTEE ON HENNEPIN PARK
NO. 106
NEW YORK STATE OFFICE OF
CHILDREN & FAMILV SERVICE
This is in response to your recent letter to Evelyn Awad
regarding the advancement of the Hennepin Park YOCS
project. As you know, the results of the bids on this project
were disappointing in that the net total project cost for all
trades exceeded our funding and estimated Maximum
Construction Costs (MCC) by some $300,000+. As with any
capital project, OCFS' first response is to request that the
Office of General Services (OGS). as the architectural and
engineering experts retained for all YOCS projects, complete
a full assessment of the bid results and develop a
recommended course of action. Based upon its analysis,
OGS has concluded that the bids are reflective of the
current: cost for the project as scoped and specified in the
bid documents. Given the fixed funding available for this
project, acceptance of the bids is not viable. In addition, the
option of a rebid without certain modifications to bring the
project in within the MCC seerns unwise.
To address this situation, OCFS has requested that OGS
thoroughly review the design and bid documents. The goal
is to determine if the original design can be retained with
limited modifications. OGS is currently assessing whether or
not substantial cost savings can be generated through
modifications of certain construction building materials and
methods. If this option is feasible, it would permit us to
advance the project with a minimum amount of additional
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design cost and loss of time. OGS has advised OCFS that
its review and subsequent recommendations should be
completed within the next few weeks.
Notwithstanding this approach, the following provides
specific response to your questions:
Is it possible that the programming planned by ABLEY,
including day care, youth services, senior citizen nutrition
and administrative space be undertaken in existing space,
without any addition to the present facility?
As you are aware, YOCS Awards were based on a
competitive process. As a part of the application process,
applicants were required to document both the capital needs
as well as the program needs. While the YOCS program
offers financing only for rehabilitation, construction and/or
acquisition, awards were granted based on the applicant's
ability and commitment to operate the full range of services
upon the completion of the capital project. Based upon the
expansion of services proposed for this facility and the
information provided during the application and subsequent
design phase, we are unaware of how the Awardee could
meet its programming obligations within existing space.
Now that we are aware that this project has come in over
budget, what time frame can we expect to have revised
drawings and bid specs prepared by the NYS Office of
General Services?
This is somewhat contingent upon the results of the OGS
review and analysis previously discussed. While no
timelines have been established, it can be assumed that a
completely new redesign approach will take substantially
longer than the rebid approach.
Can these funds be used to upgrade this facility without fully
accommodating the human service programs listed in the
grant application?
As addressed in our response to the first question, it is in
consideration of the delivery of the agreed upon Programs
for the terms of the agreement that permits us to invest in
these capital improvements.
I trust that this provides you with the information you need
and we will be in contact with you and the Awardee shortly to
discuss our recommended approach to advance this project.
REFERRED TO THE SPECIAL COMMITTEE ON
HENNEPIN PARK
NO. 107
INNER HARBOR PROJECT STATUS REPORT
Attached please find documents to be filed from the public
hearing held on January 25, 1999. This information is in
reference to "Inner Harbor Proj. Status Report" CCP # 71
November 4, 1998, currently in the Community Development
Committee.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
PETITIONS
NO. 108
D. LIAROS, AGENT, PETITION TO REZONE 43-59
KENSINGTON & 224 HUMBOLDT PKWY,
FROM R-2 TO C-1 FOR FOOD MARKET, OFFICE
RENTALS, GAS PUMP ISLAND, AND
RESIDENTIAL DWELLING.
REFERRED TO TUE COMMITTEE ON LEGISLATION.
THE CITY PLANNING BOARD AND THE COMMISSIONER
Page 63
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OF COMMUNITY DEVELOPMENT.
NO. 109
R. DONOVAN & OTHERS -REQUEST TRAFFIC LIGHT
INSTALLATION -NO. OGDEH & VANDERBILT STS.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
REGULAR COMMITTEES
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 110
APPOINTMENT
SENIOR DATA PROCESSING EQUIPMENT OPERATOR
That Communication 6, January 26, 1999 be received and
filed and the Temporary appointment of Bonnie Butler above
at the Third Step salary of $28,522.00 effective on January
25, 1999 is hereby approved.
PASSED
AYES-12. NOES-0.
NO. 111
APPOINTMENT
SYSTEMS SUPPORT SPECIALIST
That Cornmunication 7, January 26, 1999 be received and
filed and the Provisional appointment of Michael Murphy
above at the Fifth Step salary of $44,598.00 effective on
January 26, 1999 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 112
APPOINTMENT SYSTEMS ANALYST
That Communication 8, January 26, 1999 be received and
filed and the Provisional appointment of Kenneth Barnes
above at the Fourth salary of $40,675.00 effective on
December 28, 1998 is hereby approved-
PASSED
AYES - 12 NOES - 0
NO. 113
APPOINTMENT AA 3 ASSESSOR TRAINEE
That Communication I 1, January 26, 1999 be received
and filed and the Permanent appointment of Judith McCabe
above at the Intermediate salary of $24,170.00 effective on
January 14, 1998 is hereby approved-
PASSED
AYES - 12 NOES - 0
NO. 114
APPOINTMENT
ASSESSOR TRAINEE
That Communication 12, January 26, 1999 be received
and filed and the Temporary appointment of Victor Getz
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above at the Maximum salary of $25,495.00 effective on
January 14, 1999 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 115
APPOINTMENT
BUILDING CODE SPECIALIST
That Communication 17, January 26, 1999 be received
and filed and the Permanent appointment of
Arthur R. Kostrzewa above at the Maximum salary of
$42,256.00 effective on January 11, 1999 is hereby
approved.
PASSED
AYES - 12 NOES - 0
116
APPOINTMENT
SR. DRAFTING TECHNICIAN
That Communication 18, January 26, 1999 be received
and filed and the Provisional appointment of Ronald E.
Brunette above at the Maximum salary of $3 3,609.00
effective on January 8, 1999 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 117
APPOINTMENT REPORT TECHNICIAN
That Communication 21, January 26, 1999 be received
and filed and the Permanent appointment of Michelle Graves
above at the Maximum salary of $26,317.00 effective on
November 30, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 118
APPOINTMENT
BATTALION CHIEF
That Communication 22, January 26, 1999 be received
and filed and the Permanent appointment of John
Hess above at the flat salary of $61,082.00 effective on
January 13, 1999 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 119
APPOINTMENT
PRINCIPAL PLANNER
That Communication 30, January 26, 1999 be received
and filed and the Temporary appointment of William Grillo
above at the Intermediate salary of $44,703.00 effective on
January 11, 1999 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 120
APPOINTMENT
ACCOUNT EXECUTIVE (STREET SANITATION)
That Communication 48, December 29, 1998 be received
and filed and the Provisional appointment of Clyde L.
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Eschborn above at the Intermediate salary of $24,707.00
effective on December 7, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 121
RE-APPT. CLYDE ESCHBORN-ACCT. EXEC. (STS.)
(ITEM NO. 31 C.P.P. JANUARY 26, 1999)
That the above mentioned item be the same is hereby
approved.
PASSED
AYES - 12 NOES - 0
NO. 122
RESULTS BLDG. INSP. EXAM.
(ITEM NO. 199 C.P.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 123
SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND
98 - 0 DEPARTMENT OF WATER
021 ADMINISTRATIVE SERVICES
(ITEM NO. 114, C.C.P., DEC. 29, 1998)
That the Salary Ordinance Amendment as contained in
Item No. 114, C.C.P.,December 29, 1998, be and the same
hereby is approved.
PASSED
AYES - 12 NOES - 0
NO. 124
MEMORANDUM OF AGREEMENT - AFSCME LOCAL
2651
(ITEM NO. 32, C.C.P., JAN. 12, 1999)
That the Memorandum of Agreement between the City of
Buffalo and AFSCME Local 2651, for the period July 1, 1998
through June 30, 2001, be and hereby is approved and
ratified.
PASSED
AYES - 12 NOES - 0
NO. 125
ORDINANCE AMENDMENT
SALARY AND WAGE SCHEDULE "F" (ITEM NO. 93,
C.C.P., JAN. 12, 1999)
That the Salary Ordinance Amendment as contained in
Item No. 93, C.C.P., January 12, 1999, be and the same
hereby is approved.
PASSED
AYES - 12 NOES - 0
NO. 126
SALARY ORDINANCE AMENDMENT
40-2 DEPARTMENT OF PUBLIC WORKS &
71 - DEPARTMENT OF COMMUNITY DEVELOPMENT
(ITEM NO. 94, C.C.P., JAN. 12, 1999)
That the Salary Ordinance Amendment as contained in Item
No. 94, C.C.P.,January 12, 1999, be and the same hereby is
approved.
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PASSED
AYES - 12 NOES - 0
NO. 127
NOTICES OF APPTS. - TEMP./PROV./PERM. (CC)
(ITEM NO. 18 C. P. P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 128
RESULTS OF NEGOTIATIONS - 351 BOX (ITEM NO. 28,
C.C.P., JAN. 26, 1999)
That the offer from Ms. Rebecca Wilson, residing at 355
Box Street, in the sum of Five Hundred Dollars ($500.00) for
the sale of 351 Box 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. 129
RESULTS OF NEGOTIATIONS - 1320 MICHIGAN
(ITEM NO. 29, C.C.P., JAN. 26, 1999)
That the offer from Mr. Earl Harper, residing at 89 Riley
Street, in the sum of Nine Hundred Dollars ($900.00) for the
sale of 1320 Michigan Avenue, be and hereby is accepted;
and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
PASSED
AYES - 12 NOES - 0
NO. 130
OFFER FOR 23 FAIRVIEW STREET
(ITEM NO. 125, C.C.P., SEP. 8, 1998)
That the offer from Ms. Cheryl L. Danzer and Mr. David P.
Grotke, residing at 21 Fairview Street, in the sum of One
Hundred Dollars ($ 100.00) for the sale of 23 Fairview
Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchasers;
and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchasers- and
That the Corporation Counsel be authorized to prepare the
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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. 131
R. NEBRICH - REFUND USE PERMIT - 1593 MAIN
STREET
(ITEM NO. 71, C.C.P., DEC. 29, 1998)
That the Comptroller be, and he hereby is authorized to
refund $275.00 to Richard Nebrich for use permit at 1593
Main Street.
PASSED
AYES - 12 NOES - 0
NO. 132
REQUEST TO DISPOSE OF PROPERTY (POL)
(ITEM NO. 25 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 133
RENEW LEASE - CENTRAL REFERRAL SERVICE, INC. -
USE 24TH FLOOR CITY HALL
(ITEM NO. 4, C.C.P., JAN. 26, 1999)
That the Comptroller be, and he hereby is authorized to
renew the lease between the City and Central Referral
Services, Inc. for use of the 24th Floor of City Hall, 65
Niagara Square for a term commencing April 1, 1999 and
expiring on March 31, 2000, with the same terms and
conditions as their previous lease. That the Corporation
Counsel prepare the necessary documents to exercise this
twelve (12) month renewal option and that the Mayor be
authorized to execute the same.
PASSED
AYES - 12 NOES - 0
NO. 134
CERTIORARI PROCEEDINGS - 73 TONAWANDA
STREET & 1409 WEST AVENUE
(ITEM NO. 1O, C.C.P., JAN. 26, 1999)
That the Corporation Counsel be, and he hereby is
authorized to settle the 1998-99 certiorari proceeding on 73
Tonawanda Street and 1409 West Avenue by reducing the
assessment from $900,000 to $625,000 on 73 Tonawanda
Street and from $277,200 to $200,000 on 1409 West
Avenue.
PASSED
AYES - 12 NOES - 0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 135
TRAILBLAZING SIGNAGE FOR CLINTON STREET AS
"REV. A. C. WARE BOULEVARD"
(ITEM NO. 104, C.C.P., JAN. 26, 1999)
That this Common Council approves the installation of
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trailblazing signs on Clinton Street between Jefferson and
Michigan Avenues honoring Rev. A. C. Ware; and
That the Department of Public Works be requested to install
trailblazing signs that read "Rev. A. C. Ware Boulevard"
beneath the existing street signs on Clinton Street between
Jefferson and Michigan Avenues.
PASSED
AYES - 12 NOES - 0
NO. 136
D. RYAN, USE 1896 FILLMORE-BILLBOARD./POLE
SIGNS (HRG. 2/2)
(ITEM NO. 48 C.P.P. JANUARY 12, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 137
MARGARET HAMILTON, AGENT, PETITION TO USE 24
MEMORIAL DRIVE HALFWAY HOUSE (ITEM NO. 49,
C.C.P., JAN. 26, 1999)
That after the public hearing before the Committee on
Legislation on February 2, 1999, the petition of Margaret
Hamilton, as agent for New Life Residential, owner, for
permission to use 24 Memorial Drive for a Half@ay House
be, and hereby is approved.
PASSED
AYES - 12 NOES - 0
NO. 138
REQ. STATUS REPORT ON SQUAW ISLAND (ITEM NO.
269 C.P.P. JULY 21, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 139
STATUS REPORT ON SQAW IS. (M(436,10/20)
(ITEM NO. 116 C.P.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 140
L. JENKINS - COMPLAINTS BENNEFT VILL. TERN
(ITEM NO. 87 C.P.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 141
L. JENKINS - COMPLAINTS BENNETT VILL. TERR. (PW)
(ITEM NO. 21 C. P. P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
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NO. 142
NFTA-GBNRTC-MIN. PART. IN PLANNING INITIATIVES
(ITEM NO. 72 C.P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 143
BERC-MIN. PART. IN PLANNING INITIATIVES
(ITEM NO. 78 C.P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 144
APPTS.-CITIZEN'S ADV. COMM. ON COM. IMPR.
(MAYOR)
(ITEM NO. 3 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 145
INCREASED PENALTIES-DEMO- W/O PERMIT (PRES.
BD.)
(ITEM NO. 2 C.P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed -
ADOPTED
NO. 146
INCREASED PENALTIES FOR DEMOLITIONS WITHOUT
A PERMIT
(ITEM NO. 116, C.C.P., DEC. 29, 1998)
That this Common Council requests the Corporation
Counsel to file an ordinance amendment increasing the fine
for demolition without a permit to a minimum of $5,000, with
an additional penalty of $5,000 if the building/propeoy is
located within a locally designated historic district, is a local
historic landmark, a National Historic Landmark, or is listed
on the National Register of Historic Places; and that a
schedule be submitted by said contractor for demolition as
part of the demolition process to be reviewed/approved by
the authorizing/issuing department.
PASSED
AYES-12, NOES-0
NO. 147
APPOINTMENT MEMBER TO THE BUFFALO
PRESERVATION BOARD
(ITEM NO. 1, C.C.P., DEC. 15, 1998)
That the appointment of Arlette Klaric, Ph.D., residing at
312 Parker Avenue, as a member of the Buffalo
Preservation Board for a term commencing immediately and
expiring August 31, 1999 be, and hereby is confirmed.
PASSED
AYES-12, NOES-0
NO. 148
APPOINTMENT OF MEMBERS TO THE BUFFALO
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PRESERVATION BOARD
(ITEM NO. 2, C.C.P., DEC. 15, 1998)
That the appointment of Paul Carroll, residing at 39 Park
Street, for a term commencing immediately and expiring
August 31, 2001; and Margaret Strasner, residing at 259
Humboldt Parkway, for a term commencing immediately and
expiring on August 31, 2000 as members of the Buffalo
Preservation Board be, and hereby are confirmed.
PASSED
AYES-12, NOES-0
NO. 149
NOTIFICATION SERIAL 49106-9115 (PW)
(ITEM NO.13 C. P. P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 150
LDA-CONNECTICUT ST. UR PLAN
APP. CONTRACT FOR SALE OF LAND-JEHOVAH'S
WITNESSES
(ITEM NO. 25-CCP JAN. 26,1999)
That the above item be and the same is returned to the
Common Council without recommendation.
A public hearing has been set, before the Common
Council, at this regularly scheduled meeting, on the above
item, and a Notice of same has been published in the Buffalo
News, a copy of which is attached hereto.
On motion by Mrs. LoTempio, seconded by Mr. Quintana ,
the item is properly before the Common Council, and the
hearing is opened.
CARRIED.
Appearances-Lou Maulucci, T. Sayeles
Mrs. LoTempio now moved that the hearing be closed.
Seconded by CARRIED.
WHEREAS, the City Clerk has published a Notice of ublic
Hearing.
WHEREAS, the proposed Contract for Sale of Land has
been duly submitted to this Common Council by the Dept. of
Community Development; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor and the Chairman of the Agency is
hereby authorized to execute any and all documents
necessary to dispose of the land described in the proposed
"Contract for Sale of Land" to Jehovah's Witnesses and/or
other legal entity to be formed in accordance with the terms
of said Agreement and for the consideration recided therein.
PASSED
AYES-12, NOES-0
NO. 151
TREE REQUESTS - PARKS DEPT.
(ITEM NO. 240 C.P.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
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NO. 152
DEMOLITION OF 234 PROSPECT
(ITEM NO. 214 C.P.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 153
LOWER W. S. NEW HSG.-200 M. PROSPECT AVE.-
DEMO. OF 234 PROSPECT (CD)
(ITEM NO. 26 C.P.P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 154
TRANSFER OF TITLE, URBAN HOMESTEAD - 139 EAST
UTICA STREET (ITEM NO. 40, C. C. P., DEC. 29, 1998)
That the city-owned property commonly known as 139
East Utica Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Mrs. Helen
Jackson, residing at 135 East Utica Street, in the amount of
$1.00 (One Dollar), and all costs of transfer, on the condition
the property is cleared and improved within six (6) months
and maintained in a sanitary manner.
Passed.
AYES-12, NOES-0
SPECIAL MEETINGS
POLICE OVERSIGHT COMMITTEE
(ROBERT R. QUINTANA, CHAIRMAN)
NO. 155
REPORT - PERSONNEL STAFFING IN DISTR.(POL)
(ITEM NO. 87 C.P.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 156
L. RENFORD-CCAPA-RECOMMENDATIONS-BFLO.
POLICE DEPT.
(ITEM NO. 76 C.P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 157
L. RENFORD-CCAPA-REQ. INVEST.-M. GEORGIA
(ITEM NO. 47 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 158
POLICE DEPT. K-9 DIVISION
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IITEM NO. 182 C.P.P. NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee on Budget.
ADOPTED
HENNEPIN PARK SPECIAL COM14ITTEE
RICHARD A. FONTANA
CHAIRMAN
NO. 159
W. KINDEL-OPPOSE BLDGS.-HENNEPIN PARK
(ITEM NO. 42 C. P. P. JANUARY 26, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
RESOLUTIONS
NO. 160
BY: MR. BROWN
EXCLUSION OF JAMAICAN SPELLERS FROM THE
NATIONAL SPELLING BEE
Whereas: On Wednesday, January 13, 1999, an article in
The Buffalo News reported a controversy involving Jamaican
participation in the national spelling bee; and
Whereas:Over 200 spellers traveled to
Washington to participate in the 71 " Annual Spelldown
during May of 1998; and
Whereas:This competition is open to contestants
from any country with Jamaica being the home of the
reigning champion; and
Whereas:Over the past few years, spellers from
Jamaica have done exceptionally well in this contest; and
Whereas:In 1997, a Jamaican speller placed
eighth in the Spelldown, and in 1998, two Jamaican spellers
were honored, one earning sixth place, the other becoming
the first non U.S. citizen to win the competition; and
Whereas:The spelling bee officials have changed
the rules of the contest by stating that eligibility for
participation in the 1999 Spelldown requires the winning of a
qualifying regional or local contest held no earlier than
February 1; and
Whereas:Jamaica has held it's spelling bee in
August for nearly four decades; and
Whereas:The sponsor of the Jamaican
participants has been excluded from sending Jamaican
spellers to the 1999 competition because of this rule change;
and
Whereas:The Rainbow/PUSH Coalition has
written letters to the spelling bee officials, saying that their
action has effectively excluded spellers of African descent;
Now, Therefore, Be It Resolved That:
This Common Council supports the position of the
Rainbow/PUSH Coalition that the actions of the spelling bee
officials are exclusionary; and
Be It Further Resolved That:
This Common Council urges the Annual Spelldown to
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retain the original rules for qualification, allowing Jamaican
spellers to participate; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this
resolution to the Annual Spelldown, the Rainbow/PUSH
Coalition, the Caribbean American Chamber of Commerce
and Industry, Inc. (CACCI), and the Jamaican and American
Association of Buffalo; and
Be It Finally Resolved That:
This Common Council requests that the spelling bee
officials respond to this resolution.
ADOPTED
NO. 161
BY: COUNCILMEMBER BYRON BROWN
DECLARE BENNETT VILLAGE TERRACE ACCESS
ROADS A CITY STREET
Whereas:Bennett Village Terrace, located near
Central Park Plaza, is a two block street with adjoining
townhouses on the block between Holden and Hill Streets;
and
Whereas:The Bennett Village Terrace
Homeowners and Tenants Association has recently
requested assistance with crucial issues plaguing their
community; and
Whereas:The Bennett Village Terrace
Homeowners and Tenants Association has requested a
repair of the two back service access roads of Bennett
Village Terrace because City trucks use these roads and
have contributed to and/or caused damage to the roads;and
Whereas:Because the Bennett Village Terrace
access roads are privately owned roads, the Corporation
Counsel has rendered opinions that the City is not
responsible for their maintenance;
Now, Therefore, Be It Resolved That:
This Common Council requests that the Corporation
Counsel and the Division of Real Estate begin the process of
making the Bennett Village Terrace access roads City
Streets and report back to this Council on the steps they
have taken.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE COMMISSIONER OF
PUBLIC WORKS AND THE COMMISSIONER OF COM
MUNITY DEVELOPMENT
NO. 162
BY: MR. BROWN
REFUND PERMIT FEES - DENNIS RYAN
Whereas:Dennis Ryan filed an application to erect
a pole sign at 1896 Fillmore Avenue; and
Whereas:A $250 permit fee was charged to the
applicant even though the property was not properly zoned
for such a sign at the proposed location; and
Whereas:The Permit Office should have informed
Mr. Ryan that zoning regulations prohibit the Fillmore
Avenue site from such signage, and should not have had
him pay the application fee to the City Clerk;
Now, Therefore, Be It Resolved:
That the Common Council requests the City of Buffalo
refund Mr. Dennis Ryan the $250 application fee he paid for
the proposed billboard.
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PASSED
AYES-12, NOES-0
NO. 163
BY: MR. BROWN
RECOMMEND TEMPORARY VARIANCE FOR
PROPOSED BILLBOARD AT 1896 FILLMORE AVENUE
Whereas:Mr. Dennis Ryan of East Aurora, NY,
owns 1896 Fillmore Avenue, and has applied to erect a
14'x48'x4O' billboard and a 10'x 3O'x 4O' accessory sign on
this property; and
Whereas:Because 1896 Fillmore is a vacant lot,
there can be no accessory sign on this property; and
Whereas:1896 Fillmore is zoned "C1", and, as
such, is not properly zoned for a billboard; and
Whereas:A rezoning or a zoning variance is
needed if a billboard is to be constructed; and
Whereas:The Fillmore Avenue commercial strip is
undergoing a rejuvenation and a billboard is not the best
potential use for this site in the long term; and
Whereas:For that reason a rezoning of this
property would be inappropriate, but a temporary zoning
variance might allow the owner to recoup his investment until
the property is ready for redevelopment; and
Whereas:In as much as Mr. Ryan has invested in
the Masten District and has been cooperative to date in
discussions on this project, a temporary variance may be the
the fairest way to proceed; and
Whereas:Any zoning variance should include
appropriate conditions and a sunset clause to ensure the
transition of the site to a better use; and
Whereas:Because this property is in the midst of
a strong residential community, it would be inappropriate and
offensive for the proposed billboard to be used for tobacco or
alcohol advertising;
Now, Therefore, Be It Resolved That:
This Common Council recommend that Dennis Ryan apply
to the Zoning Board of Appeals for a temporary variance to
allow the use of 1896 Fillmore Avenue for a billboard; and
Be It Further Resolved That:
This Common Council urge the Zoning Board of Appeals
to grant said variance under the following conditions:
that no tobacco or alcohol advertising be allowed on the
billboard; that a sunset clause be part of the variance to limit
this use to a reasonable period of time not to exceed 3 years
and
that appropriate instruments are in place to guarantee that
the signs will be taken down at the end of the sunset period
at no expense to the City.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE ZONING BOARD
NO. 164
BY: MR. COPPOLA
ADOPTION OF BUS STOPOVER PRIVILEGES
Whereas:If a bus rider was able to board a bus at
Elmwood and Hertel heading downtown, then get off along
the way to do some shopping and reboard without having to
pay an additional fare, bus ridership could be increased; and
Whereas:Increasing ridership would have
numerous beneficial effects, including the improvement of
the business climate along major commercial streets such as
Elmwood, Bailey, Jefferson and Hertel; the protection of the
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environment through less automobile usage; and the easing
of traffic congestion and parking problems; and
Whereas:Other major cities such as Montreal and
Portland, Oregon have successful bus stopover programs
such as day-passes and time-restricted tickets for unlimited
travel in one direction; and
Whereas:The Niagara Frontier Transportation
Authority already allows Metrorail passengers to make
stopovers and continue travel in the same direction within a
certain time period of purchasing their ticket without paying
an additional fare;
Now, Therefore, Be It Resolved:
That this Common Council supports the implementation of
stopover privileges for bus passengers similar to those
currently offered to Metrorail passengers; and
Be It Further Resolved:
That copies of this Resolution be sent to the Niagara
Frontier Transportation Authority, the Mayor and business
associations along the City's major commercial streets.
ADOPTED
NO. 165
BY: MR. COPPOLA
ATTORNEY GENERAL' S ASSISTANCE WITH ELECTRIC
OVERCHARGES
Whereas:Niagara Mohawk has overcharged the
City of Buffalo on various accounts for electricity since the
late 1970s; and
Whereas:If the overcharges are the result of
negligence on the part of Niagara Mohawk, the statute of
limitations will not apply which restricts the City from
collecting reimbursement for the overcharges that are more,
than six years old; and
Whereas:Niagara Mohawk has not provided a
satisfactory accounting of all the overcharges and claims
that it is liable only for repaying the amounts improperly
charged during the past six years; and
Whereas:The City has hired the consulting firm of
Troy & Banks to determine the exact amounts of
overcharges for the last 22 years; and
Whereas:If the City could prove that Niagara
Mohawk was negligent in the practices that led to the
overcharges, it could recover millions of dollars that Niagara
Mohawk illegally collected from the City;
Now, Therefore, Be It Resolved:
That this Common Council requests the New York State
Attorney General to investigate Niagara Mohawk' s practice
of overcharging the City of Buffalo for electricity to determine
if there was any negligence on the part of Niagara Mohawk;
and
Be It Further Resolved:
That the City Clerk send a certified copy of this Resolution
to Attorney General Spitzer at his regional office in the
Statler Building, 4th Floor, Buffalo, NY 14202.
ADOPTED
NO. 166
BY: MR. COPPOLA
BUFFALO UTILITY FRANCHISE AGREEMENTS
Whereas:The City of Buffalo receives payments of
utility taxes under franchise agreements with Niagara
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Mohawk, National Fuel Gas and Bell Atlantic; and
Whereas:In fiscal year 1996-97, the City received
$14,861,411 from those three utilities, but in 1997-98 it
received only $14,181,707, a decrease of $679,704, or
4.57%; and
Whereas:For the current fiscal year, the revenues
through the end of January are already $473,535 behind the
revenues for the same period last year; and
Whereas:This Common Council needs to know
how revenues to the City are calculated under the franchise
agreements and why the revenues are declining;
Now, Therefore, Be It Resolved:
That the Comptroller, Corporation Counsel and
Commissioner of Administration and Finance respond to this
Common Council by appearing before the Legislation
Committee on Tuesday, February 16, 1999 to discuss the
City of Buffalo' s Franchise Agreements with Niagara
Mohawk, National Fuel Gas and Bell Atlantic and the
reasons for the projected decrease in utility tax revenue.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPILIZATION, THE COMPTROLLER, THE
CORPORATION COUNSEL, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE, THE NEW YORK
STATE POWER AUTHORITY AND THE MUSEUM OF
SCIENCE
NO. 167
BY: MR. COPPOLA
DELAY IN SOLAR POWER PROJECT AT SCIENCE
MUSEUM
Whereas:In 1998 the Buffalo Museum of Science
worked with the New York State Power Authority on a
project to place solar panels on the roof of the Science
Magnet School; and
Whereas:These panels would generate electricity
for the Museum and constitute an informational exhibit about
solar power; and
Whereas:Before construction could begin,
Niagara Mohawk informed the: Power Authority that the
Museum would have to reimburse Niagara Mohawk for the
loss of revenue it would suffer due to the Museum' s use of
solar generated electricity; and
Whereas:Niagara Mohawk has made similar
demands from other organizations around the state with
which the Power Authority is working on solar projects;
Now, Therefore, Be It Resolved:
That this Common Council requests representatives of the
Buffalo Museum of Science, the New York State Power
Authority and Niagara Mohawk to appear at the next meeting
of the Council' s Municipalization Committee to explain the
delay in proceeding with the Museum' s solar energy project.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPILIZATION AND NIAGARA MOHAWK
NO. 168
BY MR.COPPOLA
PAY AS YOU THROW PILOT PROGRAM
Whereas:The Street Sanitation Department ran a
pilot program in part of the Delaware District last year to
experiment with a Pay As You Throw method of charging for
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garbage collection; and
Whereas:Verbal reports indicate that the program
was successful, but no written report has been made yet;
and
Whereas:If Pay As You Throw can work in Buffalo
it will help eliminate the burden of the Garbage User Fee;
Now, Therefore, Be It Resolved:
That this Common Council requests the Department of
Street Sanitation to file a full report covering the experience
of the Pay As You Throw pilot program and to send a
representative to appear before the Legislation Committee to
discuss such report.
REFERRED TO THE COMMUTTEE ON LEGISLATION
AND THE COMMISSIONER OF STREET SANITATION
NO. 169
BY: MR. COPPOLA
SALE OF NINE MILE ISLAND II NUCLEAR POWER
PLANT
Whereas:Niagara Mohawk reportedly proposes to
transfer its Nine Mile II nuclear power plant near Oswego to
AmerGen Energy Company (a joint venture between PECO
Energy Company and British Energy), which should concern
all residents of upstate New York and the Lake Ontario area;
and
Whereas:A similar transfer of the Three Mile
Island nuclear power plant to AmerGen raised many
concerns among Pennsylvania residents that were
supposedly addressed in an Agreement with AmerGen
before the plant license could be transferred; and
Whereas:Some of the common concerns relate to
the transfer of a nuclear plant to a foreign entity; the possible
reduction of staff in order to increase profits; and the loss of
union jobs since AmerGen is a non-union company; and
Whereas:Other concerns that arise from the
transfer of Nine Mile II include the storage in Oswego of
nuclear wastes from other AmerGen plants; the
establishment of an independent radiation monitoring system
paid for by the company; and the charging of any
decommissioning costs to the company' s shareholders and
not to ratepayers;
Now, Therefore, Be It Resolved:
That this Common Council requests representatives of
Niagara Mohawk to appear before the Council' s
Municipalization Committee to discuss the possible transfer
of Nine Mile II nuclear power plant to AmerGen Energy
Company; and
Be It Further Resolved:
That copies of this Resolution be sent to the United States
Nuclear Regulatory Commission, the Department of Energy
and the New York State Public Service Commission for
comment.
REFERRED TO THE COMMITTEE ON MUNICIPILIZATION
AND NIAGARA MOHAWK
NO. 170
BY: MR. FONTANA
CARBON MONIXIDE DETECTION
Whereas: Buffalo's housing stock is becoming the
oldest in the region; and
Whereas: Furnaces and chimney start to deteriorate
and malfunction as the years progress; and
Whereas: Malfunctions with gas appliances can cause
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carbon monoxide to enter a home; and
Whereas: Carbon Monoxide is a odorless, colorless gas
that is a silent killer if undetected; and
Whereas: Cases of Carbon monoxide poisoning are on the
rise at an alarming rate; and
Whereas: This has prompted the Lovejoy district to hand
out C02 detectors to eligible residents; and
Whereas: Once Carbon Monoxide enter s a home ,
residents of that home especially seniors can become weak,
unresponsive and unable to get to a phone; and
Whereas: If detected early, inhabitants can vacate quickly
and avoid C02 poisoning; and
Therefore, Be It Resolved: That the City of Buffalo Law
Department draft legislation making Carbon Monoxide
detectors mandatory in all city homes.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 171
BY- COUNCIL MEMBERS FONTANA AND ZUCHLEWSKI
APPOINT COUNCIL MEMBER DAVID A. FRANCZYK TO
COUNCIL MEMBER-AT-LARGE VACANCY
WHEREAS: The appointment of Barbara Kavanaugh to
the staff of Attorney General Elliot Spitzer has created a
vacancy in an At-large seat on the Common Council, and,
WHEREAS: David A. Franczyk is entering his fourteenth
year of exemplary service as Fillmore District Council
Member,
NOW THEREFORE BE IT RESOLVED:
That David A. Franczyk, 858 Fillmore Avenue, be appointed
to the Council Member-at- Large position vacated by
Barbara Kavanaugh.
LAID ON THE TABLE
NO. 172
BY: MR. FRANCZYK:
BOND RESOLUTION
$150,000 BONDS
EDDIE DAWSON PLAYGROUND
ACCOUNT 200-717
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $150,000 General Improvement
Bonds of said City, to finance the cost of construction of a
new shelter house building in the Eddie Dawson Park,
located on the east side of Roetzer Street between Walden
and Genesee, in the City, at the estimated maximum cost of
$150,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Hundred
Fifty Thousand Dollars ($150,000), Pursuant to the
provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"), to finance the cost of
construction of a new shelter house building in the Eddie
Dawson Park, located on the east side of Roetzer Street
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between Walden and Genesee, in the City. The estimated
maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $150,000, as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited. in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development, 11
Eddie Dawson Playground, 1998-99", Bond Authorization
Account No. 200-717, and shall be used for the specific
object or purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs -are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $150,000.
This Resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a)The period of probable usefulness applicable to
the specific object or purpose for which the bonds authorized
by this resolution are to be issued, within the limitations of
Section 1 1.00 a. 19 (c) 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 9, 1999
LAID ON THE TABLE
NO. 173
BY:MR. FRANCZYK:
BOND RESOLUTION
$8,300,000 BONDS
RECONSTRUCTION VARIOUS SCHOOLS
FUND 299-975
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $8,300,000 School Bonds of said
City to finance the costs of partial reconstruction of various
school buildings in the City, at the estimated maximum cost
of $8,300,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue School Bonds of said City in
the principal amount of Eight Million Three Hundred
Thousand Dollars ($8,300,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"), to finance the costs of partial
reconstruction of various school buildings in the City,
including new roofs, new windows, technology hubs,
handicapped access improvements, and new science labs.
The estimated total maximum cost of said class of objects or
purposes for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $8,300,000 as
set forth in the duly adopted Capital Improvements Budget of
said City for fiscal year 1998-9q, as amended, and the
December 23, 1998 request addressed to the City
Comptroller from the Board of Education Assistant
Superintendent of Facilities.
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 Board of
Education, "Capital Program-Phase 111, 1998-99," Fund
299975, and shall be used for the purpose specified in
Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$8,300,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a)Said buildings are of Class "A" construction as
defined by Section I 1.00 a. I L(a) of the Law, and the period
of probable usefulness for 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. 12(a)(1) of
the Law, is twenty (20) years.
(b)Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
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bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds, and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if-
(a)such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)the provisions of law which should be complied
with at the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date
of such publication, or
(c)such obligations are authorized in violation of the
provisions of the constitution
Introduced: February 9, 1999
LAID ON THE TABLE
NO. 174
BY:MR. FRANCZYK:
BOND RESOLUTION
$8,300,000 BONDS
N.W.ACADEMY-PHASE III
FUND 299-975
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $8,300,000 School Bonds of said
City, in addition to $24,440,000 bonds previously authorized
and $1,060,000 current funds previously applied, to finance
the Phase III cost of construction of a new Northwest
Academy school building, at the estimated maximum cost of
$33,800,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue School Bonds of said City in
the principal amount of Eight Million Three Hundred
Thousand Dollars ($8,300,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"), to finance the Phase III cost
of construction of a new Northwest Academy school building
located at Military Road and Lawn Avenue. The estimated
Page 82
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maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $33,800,000 as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended, and the December 23, 1998
request addressed to the City Comptroller from the Board of
Education Assistant Superintendent of Facilities.
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 Board of
Education, "Capital Program-Phase 111, 1998-99," Fund
299975, and shall be used for the purpose specified in
Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$8,300,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a)The building to be constructed will be of Class "A"
construction as defined by Section 11.00 a. 11.(a) of the
Law, and the period of probable usefulness for the specific
object or purpose for which the bonds authorized by this
resolution are to be issued is thirty (30) years.
(b)Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of id City are hereby
irrevocably pledged to the punctual payment of the principal
of and Interest on said 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 if such resolution are not
substantially complied with, and an action, suit or proceeding
contesting such validity, is commenced within twenty days
after the date of such publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Page 83
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Introduced: February 9, 1999
LAID ON THE TABLE
NO. 175
BY: MR. FRANCZYK:
BOND RESOLUTION
$3,400,000 BONDS
SCHOOL PLANNING AND DESIGN
FUND 299-975
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $3,400,000 School Bonds of said
City to finance the cost of planning and design of new school
buildings and P.S. 89 improvements in the City, at the
estimated maximum cost of $3,400,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue School Bonds of said City in
the principal amount of Three Million Four Hundred
Thousand Dollars ($3,400,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"), to finance the cost of
planning and design of new school buildings and P.S. 89
improvements in the City, including preparation of
preliminary plans and specifications. The estimated
maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $3,400,000 as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended, and the December 23, 1998
request addressed to the City Comptroller from the Board of
Education Assistant Superintendent of Facilities.
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 Board of
Education, "Capital Program-Phase III, 1998-99," Fund
299975, and shall be used for the purpose specified in
Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$3,400,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness for the specific object
or purpose for which the bonds authorized by this resolution
are to be issued, within the limitations of Section I 1.00 a.
62(2 nd) of the Law, is five (5) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
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authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if-
(a) such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) the provisions of law which should be complied with at
the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date
of such publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Introduced: February 9, 1999
LAID ON THE TABLE
NO. 176
BY: MR. FRANCZYK
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 1998-99
That pursuant to section 359 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the Capital Program for the fiscal year
1998-99 be and the same is hereby amended by adding the
following item. under the heading:
200 Capital Projects
402 Division of Buildings
Removal of Underground Tanks $899,850
Removal and Replacement of
Underground Tanks $1,138,350
Upgrade of Existing Underground Tanks $599,800
PASSED
AYES - 12 NOES - 0
NO. 177
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
Page 85
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Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments in General
City Charges - Gas (100-812000-00-223), be and the same
is hereby increased in the sum of $122,411.54.
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
$122,411.54
To meet the increased appropriation as set forth below:
To:
100 General Fund
812 - Miscellaneous Charges
223 - Gas $122,411.54
PASSED
AYES - 12 NOES - 0
NO. 178
BY: MR. FRANCZYK
INCREASED APPROPRIATION
FUND BALANCE
PARKING ENFORCEMENT
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Division of
Parking Enforcement be and the same hereby is increased
in the sum of $1,200,000.
FROM:
That the comptroller be and hereby is authorized and
directed to transfer the sum of $1,200,000 from the
Unreserved Fund Balance 100-890-060 to meet this
increased appropriation as set forth below:
100-890-060 - General Fund - Unreserved Fund Balance
$1,200,000
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)
$1,200,000
REFERRED TO THE COMMITTEE ON FINANCE
NO. 179
BY: MR. FRANCZYK
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
DIVISION OF TREASURY
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 $2,375 be and the same is hereby
transferred from the Department of Fire - Exempt Items and
said sum is hereby reappropriated as set forth below:
From:
100 General Fund
21 -0 - Department Of Fire
085 - Exempt Items
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982 - Equipment & Furnishings $2,375
To:
100 General Fund
06 - Department of Administration & Finance
5 - Division of Treasury
085 - Exempt Items
982 - Equipment & Furnishings $2,375
PASSED
AYES - 12 NOES - 0
NO. 180
BY: MR. FRANCZYK
TRANSFER OF FUNDS
PUBLIC WORKS - BOND FUNDS
COMMUNITY DEVELOPMENT - BOND FUNDS
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $500,000 minus the cost of
issuance be and the same is hereby transferred from the
Department of Public Works Capital Projects Fund and said
sum is hereby reappropriated as set forth below:
From:
203 Capital Projects Fund
402 - Division of Buildings
020 - School #62 Phase 11 $500,000 minus
cost of issuance
To:
203 Capital Projects Fund
717 - Division of Development
502 - School #62 Community Center $500,000 minus
cost of issuance
PASSED
AYES - 12 NOES - 0
NO. 181
BY: MR. FRANCZYK
APPOINT JANICE BURGSTAHLER LEGISLATIVE
ASSISTANT
BE IT RESOLVED:
That Janice Burgstahler of 48 Lyman Street, Buffalo, New
York be appointed Common Council Legislative Assistant for
the Fillmore District.
ADOPTED
NO. 182
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
06 DEPARTMENT OF ADMINISTRATION & FINANCE
2 DIVISION OF ADMINISTRATIVE ADJUDICATION
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 06 - 2 Department of Administration and
Finance, Division of Administrative Adjudication is hereby
amended to read:
TEMPORARY SERVICES AS REQUIRED
Administrative Law Judge (Daily) $ 110.00
WE, EVA M. HASSETT, Commissioner of Administration
& Finance, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary
Page 87
99-0209.txt
for the proper conduct, administration and performance of
essential services of that department. We recommend that
the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the proposed position.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
02/02/99
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 183
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
09 - 0 DEPARTMENT OF ASSESSMENT
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 09 0 Department of Assessment is hereby
amended to read:
TEMPORARY SERVICES AS REQUIRED
Board of Assessment Review Chairperson (Daily) $ 150.00
Board of Assessment Review Member (Daily) $ 100.00
WE, JOSEPH SOLE, Commissioner of Assessment, and
JAMES B. MILROY, Director of the Budget, hereby certify
that the above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the proposed position.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 184
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
DEPARTMENT OF ADMINISTRATION & FINANCE
DIVISION OF PARKING ENFORCEMENT
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 06 Department of Administration &
Finance 4 - Division of Parking Enforcement is hereby
amended with the addition of-
Page 88
99-0209.txt
TEMPORARY SERVICES AS REQUIRED
Hearing Examiner (Daily) $ 110.00
WE, EVA M. HASSETT, Commissioner of Administration
& Finance, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary
for the proper conduct, administration and performance of
essential services of that department. We recommend that
the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the proposed position.
APPROVED AS TO FORM
Michael Risman
Corporation counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 185
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
40 - 2 DEPARTMENT OF BUILDINGS
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 40 - 2 Department of Buildings which
reads:
TEMPORARY SERVICES AS REQUIRED
Senior First-Class Stationary Engineer (Hourly) $ 7.33
Second Class Stationary Engineer (Hourly) $ 5.63
Is hereby amended to read:
Senior First-Class Stationary Engineer (Hourly) $ 10.25
Second Class Stationary Engineer (Hourly) $ 8.00
We, Joseph N. Giambra, Commissioner of Public Works,
and James B. Milroy, Director of Budget, hereby certify
that the above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 186
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
01 1 CITY CLERK
001 CITY CLERK
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The Common Council of the City of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Code of the City
of Buffalo, relating to 01 - I Department of City Clerk 001 City
Clerk which reads:
1 Deputy City Clerk / Vital Statistics $ 37,602
Is hereby amended to read:
1 Deputy City Clerk / Vital Statistics $ 32,000
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
WE, CHARLES L. MICHAUX 111, City Clerk, and JAMES
B. MILROY, Director of the Budget, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 187
BY: MS GRAY
SALARY ORDINANCE AMENDMENT
06 DEPARTMENT OF ADMINISTRATION & FINANCE
3 DIVISION OF CIVIL SERVICE
The Common Council of the City of Buffalo does
ordain as follows:
That part of Section I of Chapter 35 of the Code of
the City of Buffalo, relating to 06 - 3 Department of
Administration and Finance, Division of Civil
Service is hereby amended to read:
TEMPORARY SERVICES AS REQUIRED
Consultant H (Hourly) $ 20.00 per hour
Exam Monitor IV (Hourly) $ 20.00 per hour
Exam Monitor III (Hourly) $ 15.00 per hour
Exam Monitor 11 (Hourly) $ 12.00 per hour
Exam Monitor I (Hourly) $ 7.00 per hour
WE, EVA M. HASSETT, Commissioner of Administration
& Finance, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary
for the proper conduct, administration and performance of
essential services of that department. We recommend that
the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the proposed position.
APPROVED AS TO FORM
Michael Risman
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 188
BY: MS GRAY
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SALARY ORDINANCE AMENDMENT
MAYOR AND EXECUTIVE
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 03 0 Mayor and Executive, is hereby
amended to read:
TEMPORARY SERVICES AS REQUIRED
Consultant 11 (Hourly) $ 20.00
Consultant I (Hourly) $ 10.00
WE, ANTHONY M. MASIELLO, Mayor, and JAMES B.
MILROY, Director of the Budget, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the proposed position.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 189
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
20 -1 DEPARTMENT OF POLICE
011 DETECTIVE BUREAU
012 PATROL SERVICES
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 20 - I Department of Police -
01 1 Detective Bureau and 012 Patrol Services, which reads:
011 Detective Bureau
6 Police Photographers $ 49,919
012 Patrol Services
635 Police Officers $ 34,057 - $ 46,045
Is hereby amended to read:
011 Detective Bureau
3 Police Photographers $ 49,919
012 Patrol Services
638 Police Officers $ 34,057 - $ 46,045
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
WE, ROCCO J. DIINA, Commissioner of Police, and
JAMES B. MILROY, Director of the Budget, hereby certify
that the above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
Rocco Diina
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Commissioner of Police
James Milroy
Director of Budget
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
01/27/99 ATTACHMENT
PASSED
AYES-12, NOES-0
NO. 190
Mr. Pitts
APPOINT LEGISLATIVE ASSISTANT - TEMPORARY
BASIS
Whereas:At the last meeting of the Common
Council the appointment of Christopher S. Bishop as Deputy
Director of Telecommunications was approved, and he
began work on Monday, February 1, 1999; and
Whereas:Although the job specifications met the
standards for an unclassified position, on the following
Wednesday the Civil Service Commission declined to
designate the position as unclassified; and
Whereas:The City Clerk has asked to be placed
on the Commission's next agenda so that this matter can be
resolved quickly; and
Now, Therefore be it resolved:
That the appointment of Christopher S. Bishop as Deputy
Director of Telecommunications be withdrawn until this
matter is clarified at the next Civil Service Commission
meeting; and
Be it further resolved:
That Christopher S. Bishop be appointed as a legislative
assistant on a temporary basis, assigned to the Office of
Telecommunications, effective February 1, 1999, until the
classification of the Deputy Director position is resolved.
ADOPTED
NO. 191
By: Barbara Miller-Williams
SET PUBLIC HEARING
SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREA
APPROVAL - UTILITY EASEMENT
289 EXCHANGE STREET
WHEREAS, the City of Buffalo Urban Renewal Agency
has negotiated a Utility Easement with Niagara
Mohawk/New York Telephone and Adelphia
Communications International.
WHEREAS, the terms of said Utility Easement has been
negotiated by the Buffalo Urban Renewal Agency and has
been forwarded to your Honorable Body for consideration.
NOW, THEREFORE, BE IT RESOLVED:
THAT, the City Clerk be and is hereby directed to publish
the attached Notice of Hearing in the Buffalo News no later
than the 12th day of February 1999.
THAT, this Common Council will hold a public hearing on
the proposed agreement, on the 23rd day of February, 1999.
ADOPTED
NO. 192
BY: MR. ZUCHLEWSKI
DEMOLISH BAKERY SALVAGE BUILDING
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Whereas:The Bakery Salvage building on
Chandler Street has been vacant since 1996; and
Whereas:While in operation, the Bakery Salvage
Corporation converted bakery byproducts into animal feed;
and
Whereas:For years Bakery Salvage was the
source of numerous code violations and rodent complaints,
while allowing noxious odors to pour unabated from its Black
Rock plant in violation of environmental laws; and
Whereas:Since the plant was closed by the
Department of Environmental Conservation in 1996, the
owners have left the grounds in disrepair. The property has
been the target of vandalism and there has been rampant
dumping on the site over the past few years; and
Whereas:The owner of the building, David
Olshan, has made no effort to secure the building and
surrounding property from further vandalism and dumping;
Now, Therefore, Be It Resolved:
That this Common Council request the Department of
Community Development to evaluate the structural
soundness and integrity of the building, arid to perform, if
warranted, an emergency demolition of the building.
PASSED
AYES-12, NOES-0
NO. 193
BY: COUNCILMEMBERS ZUCHLEWSKI, COPPOLA AND
QUINTANA
PROPOSED RELOCATION OF CHILDREN'S HOSPITAL
Whereas:Kaleida Health, while studying cost
saving and consolidation scenarios for the five hospitals in
their group, have proposed the relocation of Buffalo's
Children's Hospital to High Street; and
Whereas:Children's Hospital has been an
institution on Bryant Street, in the Elmwood Avenue
Neighborhood, for the past 107 years, aiding the growth and
prosperity of the area; and
Whereas:Local businesses oppose this move,
citing the tremendous negative impact it will have on the
Elmwood-Bryant business district; and
Whereas:Many of the local businesses rely on the
revenue generated by hospital employees and visitors who
patronize their establishments; and
Whereas:Area businesses and residents are very
concerned about the uncertainty posed by future reuses of
the Bryant Street site; many businesses feel they would be
forced to close before construction is completed on a new
project for this location; and
Whereas:Local residents oppose the move of
Children's Hospital feeling it will drive property values down
and fearing a decline in the sense of security the hospital's
presence provides for the neighborhood;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo opposes
the relocation of Children's Hospital from Bryant Street to
High Street; and
Be It Further Resolved:
That this Honorable Body requests Kaleida Health to
include Forever Elmwood in any and all of the planning
processes for Children's Hospital; and
Be It Finally Resolved:
That this Common Council requests that Kaleida Health
Page 93
99-0209.txt
appear before the Legislation Committee to explain their
position on the proposed. relocation of Children's Hospital
before any final decision is made.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
KOLEIDA
NO. 194
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 LARRY SEQUIN-RAISING FUNDS FOR
PURCHASE OF CAMERAS By ALL COUNCILMEMBERS
Felicitation for SUSAN L. TAYLOR-FEBRUARY 6, 1999
By Councilmember GRAY, BROWN, PITTS, WILLIAMS
Felicitation for PASTOR SHIRLEY CAESAR -FEBRUARY
28, 1999-THE FIRST LADY OF GOSPEL MUSIC By
Councilmember PITTS, MICHAUX III
Felicitation for NATIONAL ENGINEERS WEEK - FEB. 21-
27, 1999' By Councilmember PITTS, and Charles Michaux
III, City Clerk
ADOPTED
NO. 195
BY: MR. ZUCHLEWSKI
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are Hereby appointed as
Commissioner of Deeds for the term ending December 31,
2000 , conditional upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
BERNARD J. HUBER
LISA A. KALINOWSKI
LINDA DAVIDSON
MICHELLE M. REINARD
WILLIAM J. WHITEHEAD
WILL KERESZTES
RICHARD E. MCFAIL
KATHLEEN A. GRABIEC
DEBORAH A. CASCIO
MARLENE MONFULETHO
RITA M. EISENBEIS
VULIE TOWNSEL
ADOPTED
NO. 196
BY: MR. ZUCHLEWSKI
APPOINTMENTS
COMMISSION OF DEEDS
REQUIRED-PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31
2000 , conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the
City Clerk:
LISA BAKER
MARIE BALICKI
STEVEN BLAKE
JEAN BOTH
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ALICE BROCK
DIANE FURLONG
GENA GOOSMAN
JUDITH HILL
BEVERLY HUDSON
JESS KACALSKI
ROSALIND KOCIK
SHIRLEY LAZORATION
JOANNE LINDELL
DAVID LIPP
SHEREE LOCHER
JANE LOEFFLER
BETH LOSCHIAVO
JILL MACKO
ROGER MAGILL
ELLEN MCCARTHY
MARILYN MCKAY
MICHAEL MONTELLO
BARBARA OZARK
SHARON PILARSKI
LINDA PURTILL
KIM RACZYK
JOSEPH RALABATE
IMA RUIZ
ROSLYN SHADRON
NANCY SZAROWICZ
CAROLYN TASCH
EDWARD VASBINDER
MARJORIE WILLIAMS
MARIA LISA DOVERSPIKE
JEAN FRICANO
BENJAMIN L. RANDLE
LUCY RIVERA
ROBIN L. HAHN
PATRICIA A. BOWERS
KEVIN J. COMERFORD
THOMAS E. DOCTOR
MARY L. SCHAEFER
Beti Porter
Dayeenah M. Prim
James E. Quinn
Thomasine A. Quinn
Ann P. Rossiter
Joseph Salemi
Joseph E. Szafranski
Mary Lou Tumiel
Ronald J. Vinovrski
Wilfred H. Wastaff
David Yox
Getz, Victor
Gillig, David
Grieco, Jr., John
Hennings, Jacqueline
Hemdon, Eric D.
Kozerski, Phillip
Krayna, Anthony
LoFaso, Ann Marie
Mack, Latifa
McCabe, Judith A.
McKenna, Kirk C.
Michaux, Bruna
Nasca, Cad
Sole, Joseph
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Vaccaro, Carole
Wachowski, Ronald
Walczak, Cynthia
Armen Bagdasarian
Robert Brill
Mark Bulir
Charles Burgin
Leroy Calhoun
Lorianne M. Conroy
John P. Fahey
Vary C. Fitzpatrick
Kathleen A. Granelli
Carolyn A. Grochala
James Gunsauley
Alfonso B. Harris
William P. Jackson
Maureen F. LaChiusa
Kathryn A. LaForce
Lizabeth L. Lawrence
Annulette A. Lewis
James P. Liebner
Samuel C. Lopez
Alfred M. Marino
Brian K. McBride
Dennis McCarthy
Keith E. McInnis, Sr.
Dorothy C. Palovich
Charlene T. Pierino
ADOPTED
UNFINISHED BUSINESS
NO. 197
BOND RES. - $650,000-ELMWOOD AVE. CONST. PKG.
LOTS (RES. #96-C.C.P., JAN. 26, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Zuchlewski
CARRIED
Mrs. LoTempio now made a motion to approve said item
with the following additional addresses:
Elmwood - Forest Lot Phase I
Site 1 - 1086 to 1098 Elmwood Avenue
Site 2 - 569-573 Forest Avenue
Elmwood - Utica Lot Phase II
Site 1 - 255,257, 261 West Utica Street
Site 2 - 246, 248, 250, 254, 258 West Utica Street
Site 3 - 230, 234, 236, 238 West Utica Street
Seconded by Mr.Coppola
PASSED.
AYES-12, NOES-0
NO. 198
BOND RES. -$350,000-LAND ACQ. FOR ELMWOOD
AVE. PKG.
(RES. #97-C.C.P., JAN. 26,1999)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now made a motion to approve said item
with additional addresses:
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Elmwood - Forest Lot Phase I
Site 1 - 1086 to 1098 Elmwood Avenue
Site 2 - 569-573 Forest Avenue
Elmwood - Utica Lot Phase II
Site 1 - 255,257, 261 West Utica Street
Site 2 - 246, 248, 250, 254, 258 West Utica Street
Site 3 - 230, 234, 236, 238 West Utica Street
Seconded by Mr. Coppola
PASSED.
AYES-12, NOES-0
NO. 199
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Council Chambers, 13th floor, City HaIl Buffalo, New
York, unless otherwise noted.
Regular Committees
Civil Service Tues, Feb. 16, 1999 at 9:30 o'clock A.M.
Finance Tues , February 16, 1999 following Civil Service
Legislation Tues, February, 16, 1999 at 2:00 o'clock P.M.
Community Dev. Wed, Feb 17, 1999 at 10:00 o'clock A.M.
Education Yet to be determined.
Ancillary Meetings
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday, February 10, 1999 at 2:30
o'clock P.M. in Room 1417 City Hall.
Special Committee on A. Philip Randolph will be meeting on
Wednesday, February 10, 1999, at 1:00 o'clock P.M. in
Room 1414 City Hall.
Claims Committee Meeting will be held on Wednesday,
February 10, 1999 at 2:00 o'clock in Council Chambers.
Special Committee on Budget will be meeting on
Wednesday, February 17, 1999 at 2.00 o'clock P.M. in Room
1417 City Hall.
Gretchen A. Pound
Council Reporter
NO. 200
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 3:30
CHARLES L. MICHAUX, III
CITY CLERK
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