HomeMy WebLinkAbout99-0126
99-0126.txt
No.(2)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(JANUARY 26, 1999)
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
Page 1
99-0126.txt
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Kevin J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, (JANUARY 26, 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 12, 1999) were approved.
FROM THE MAYOR
NO. 1
CITY OF BUFFALO LOCAL STATE OF EMERGENCY
This is to advise you that I declared a local state of
emergency for the City of Buffalo on Monday, January 11,
Page 2
99-0126.txt
1999 at 4:00 p.m. The disaster was declared as result of the
severe winter snow which is occurring in Buffalo. By copy of
this letter, this declaration is also being filed in the Office of
the City Clerk of the City of Buffalo and the Office of the Erie
County Clerk pursuant to Section 24(3 ).
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 2
AMEND LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND WELLNESS INSTITUTE OF GREATER
BUFFALO AND WESTERN NEW YORK,
INC./MASSACHUSETTS AVENUE PROJECT FOR USE
OF 378 MASSACHUSETTS
ITEM NO. 11, C.C.P. 11/12/97,
ITEM NO. 20, C.C.P. 7/21/98,
ITEM NO. 163, C.C.P. 9/22/98
ITEM #16, C.C.P. 12/15/98
Pursuant to Item No. 11, C.C.P. 11/12/97 Your Honorable
Body approved a lease agreement between the City of
Buffalo and the Wellness Institute of Greater Buffalo and
Western New York, Inc./Massachusetts Avenue Project for
use of a portion of 378 Massachusetts for a one year period
commencing on January 1, 1998 and expiring on December
31, 1998. Paragraph 11 on Page 3 of the original lease
stated 'Wellness Institute shall be responsible for the cost of
minor repairs and maintenance. . ." It was understood that
the owner, the City of Buffalo would be in charge of all major
repairs and maintenance through the Dept. of Public Works.
However, this lease was amended pursuant to Item #20,
C.C.P. 7/21/98 and Item No. 163, C.C.P. 9/22/98 for the sole
purpose allowing the Wellness Institute of Greater Buffalo
and Western New York, Inc./Massachusetts Avenue Project
to gain access to the entire building excluding the pool area
and dressing room. All other terms and conditions of the
original lease were suppose to remain the same. However,
our communication to the Council must have been
misinterpreted and when it came out of the Committee on
Finance it stated ' . . . the Massachusetts Avenue
Project/Wellness Institute of Greater Buffalo and Western
New York be responsible for the entire garbage user fee,
maintenance and repairs, etc. ' Thus making the Wellness
Institute of Greater Buffalo and Western New York,
Inc./Massachusetts Avenue Project responsible for all
repairs.
Your Honorable Body recently approved to renew this
lease for a three (3) year period, pursuant to Item #16,
C.C.P. 12/15/98. The lease renewal is to commence on
January 1, 1999 and expiring on December 21, 2001 with
the same terms and conditions as there previous lease.
The Wellness Institute of Greater Buffalo and Western
New York, Inc./Massachusetts Avenue Project is requesting
that this lease be amended so as they are only responsible
for minor repairs and maintenance as stated in their original
lease. They are also requesting that minor repairs be
defined to mean those repairs that can be made without
needing to hire someone with expertise (i.e. plumber,
carpenter, heating specialist). They are a small non-profit
grassroots organization and do not have funds in their
current budget to take on major repairs such as fixing the
Page 3
99-0126.txt
heating system in the building.
This office is requesting that Your Honorable Body
approve to amend their lease as stated above, authorize the
Corporation Counsel's Office to draw the necessary
documents and authorize the Mayor to execute the same.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
January 13, 1999, be received and filed and
That the Comptroller be, and he hereby is authorized to
amend the lease between the City and the Wellness Institute
of Greater Buffalo and Western New York,
Inc./Massachusetts Avenue Project to include that they are
only responsible for minor repairs and maintenance for use
of 378 Massachusetts Avenue for a three (3) year term
commencing on January 1, 1999 and expiring December 21,
2001 with the same terms and conditions as their previous
lease. That the Corporation Counsel prepare the necessary
documents and authorized the Mayor to execute the same.
Passed.
AYES-12, NOES-0
NO. 3
AUDITED FINANCIAL STATEMENTS OF BUFFALO
WATER BOARD FOR YEARS ENDED JUNE 30, 1998
AND 1997 WITH REPORT OF INDEPENDENT AUDITORS
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the Buffalo
Water Board for the years ended June 30, 1998 and 1997
with Report of Independent Auditors, Ernst & Young, LLP,
have been distributed to members of the Buffalo Water
Board, each Councilmember, the City Clerk, the Mayor, the
Comptroller, the Division of Accounting and the Budget
Office.
This report is available as a public record for inspection by
all interested parties.
Pursuant to Section 35 of the General Municipal Law, the
Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and
file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
BUFFALO WATER BOARD
NO. 4
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND CENTRAL REFERRAL SERVICE, INC.
FOR USE OF THE 24TH FLOOR OF CITY HALL
ITEM NO. 14 C.C.P. 3/17/98 AND
ITEM NO. 119,C.C.P. 3/31/98
Pursuant to Item No. 119, C.C.P. 3/31/98 Your Honorable
Body authorized to renew the lease agreement between the
City of Buffalo and Central Referral Services, Inc. for use of
the 24th Floor of City Hall, 65 Niagara Square for the period
of September 1, 1996 and terminating March 31, 1999.
Their present lease states that it may be renewed for a
twelve- (12) month term by mutual agreement of the parties
and subject to additional funding by the Erie County Division
of Youth JP PINS/JD Diversion Funds. The Division of Real
Estate has received a letter from Douglas Frank, Executive
Director of Central Referral Services, Inc. indicating that they
do wish to exercise this twelve- (12) month renewal period to
commence on April 1, 1999 and expire on March 31, 2000.
Page 4
99-0126.txt
This office recommends that Your Honorable Body
authorize the acceptance of this option to exercise a twelve-
(12) month renewal under the same terms and conditions as
the present lease. I am further recommending that Your
Honorable Body authorize the Corporation Counsel to
prepare the necessary documents to exercise this twelve
(12) month renewal option and that the Mayor be authorized
to execute the same.
REFERRED TO THE COMMITTE ON FINANCE
NO. 5
RESPONSE REGARDING
5-YEAR ANALYSIS OF PROPOSED SAVINGS
The following schedules represent debt service
requirements for demolitions based on a $1 million annual
issue or $877,000 annual issue (reflecting $123,000 annual
savings based on the information provided). The debt
service has been amortized over a five(5) year period. We
have also included a cost savings analysis showing the
annual as well as the cumulative savings.
Debt Service Schedule
$5 Million Demolitions
Date Principal Coupon Interest Period Total
Fiscal Total
8/1/99 92,000.00 92,000.00
2/1/00 1,000,000.00 3.25% 92,000.00 1,092,000.00
1,184,000.00
8/1/00 75,750.00 75,750.00
2/1/01 1,000,000.00 3.50% 75,750.00 1,075,750.00
1,151,500.00
8/1/01 58,250.00 58,250.00
2/1/02 1,000,000.00 3.75% 58,250.00 1,058,250.00
1,116,500.00
8/1/02 39,500.00 39,500.00
2/1/03 1,000,000.00 3.90% 39,500.00 1,039,500.00
1,079,000.00
8/1/03 20,000.00 20,000.00
2/1/04 1,000,000.00 4.00% 20,000.00 1,020,000.00
1,040,000.00
5,000,000.00 571,000.000 5,571,000.00
5,571,000.00
Debt Service Schedule
$4,385,000 Demolitions
Date Principal Coupon Interest Period Total
Fiscal Total
8/1/99 80,684.00 80,684.00
2/1/00 877,000.00 3.25% 80,684.00 957,684.00
1,038,368.00
8/1/00 66,432.75 66,432.75
2/1/01 877,000.00 3.50% 66,432.75 943,432.75
1,009,865.50
8/1/01 51,085.25 51,085.25
2/1/02 877,000.00 3.75% 51,085.25 928,085.25
979,170.50
8/11/02 34,641.50 34,641.50
2/1/03 877,000.00 3.90% 34,641.50 911,641.50
946,283.00
8/1/03 17,540.00 17,540.00
2/1/04 877,000.00 4.00% 17,540.00 894,540.00
912,080.00
4,385,000.00 500,767.00 4,885,767.00
Page 5
99-0126.txt
4,885,767.00
Savings Report
Fiscal Annual Cumulative
Year Debt Service on $1MiI Debt Service on $877,000
Savings Savings
00 1,184,000.00 1,038,368.00 145,632.00
145,632.00
01 1,151,500.00 1,009,865.50 141,634.50 87,266.50
02 1,116,500.00 979,170.50 137,329.50 424,596.00
03 1,079,000.00 946,283.00 132,717.00 557,313.00
04- 1,040,000.00 912,080.00 127,920.00 685,233.00
5,571,000.00 4,885,767.00
REFERRED TO THE COMMITTEE ON BUDGET
NO. 6
CERTIFICATE OF APPOINTMENT
Appointment Effective 01/25/99 in the Department of
AUDIT & CONTROL Division of DATA PROCESSING to
the Position of SENIOR DATA PROCESSING EQUIPMENT
OPERATOR ,Temporary, Appointment at the Third Step
Starting Salary of $28,522
BONNIE BUTLER 7 EDITH BUFFALO 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 7
CERTIFICATE OF APPOINTMENT
Appointment Effective January 6, 1998 in the Department of
AUDIT & CONTROL Division of DATA PROCESSING to the
Position of Systems Support Specialist, PROVISIONAL,
APPOINTMENT, at the FIFTH STEP, Starting Salary of
$44598
Michael Murphy, 399 Voorhees Ave, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 8
AMENDED CERTIFICATE OF APPOINTMENT
Appointment Effective December 28,1998 in the
Department of Audit and Control Division of Data Processing
to the Position of System Analyst PROVISIONAL
APPOINTMENT at the FOURTH Step Starting Salary of:
$40675,
Kenneth Barnes, 29 Frankfort, Buffalo, NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT
NO. 9
CERTIORARI PROCEEDINGS
SEARS, ROEBUCK & COMPANY
1866 AND 1868 FILLMORE AVENUE
1994-95 THROUGH 1998-99 PROCEEDINGS
This is to advise that the owner, Sears, Roebuck &
Company, instituted certiorari proceedings on 420 and 440-
448 E. Delavan Avenue, 1866 and 1868 Fillmore Avenue,
Buffalo, New York, regarding the assessments for fiscal
years 1994-95 through 1998-99. The assessments were
reviewed by the Department and the owner expressed a
willingness to settle the proceeding.
The final assessment for fiscal years 1994-95 through
Page 6
99-0126.txt
1998-99 was a total of $3,475,260 for each year. The owner
is agreeable to a settlement which would result in a
reduction as follows:
Year New Assessment
1994-95 $3,000,000
1995-96 $2,520,000
1996-97 $2,260,000
1997-98 $2,100,000
1998-99 $2,100,000
The taxpayer would be entitled to a refund as follows:
Year Refund
1994-95 $17,167,46
1995-96 $33,671.58
1996-97 $44,486.26
1997-98 $53,768.22
1998-99 $54,254.16
Based on a review of the current market value of the
property, I feel this settlement would be in the best interest of
the City. I recommend this settlement, in which the
Department of Law concurs.
The proposed settlement is subject to approval by Your
Honorable Body, I therefore request that the Corporation
Counsel be authorized to settle the 1994-95 through 1998-
99 certiorari proceeding on 420, 440-448 E. Delavan and
1866 and 1868 Fillmore Avenue by reducing the assessment
from $3,475,260 to $3,000,000 for 1994-95, to $2,520,000
for 1995-96, to $2,260,000 for 1996-97, to $2,100,000 for
1997-98 and to $2,100,000 for 1998-99.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 10
CERTIORARI PROCEEDINGS
73 TONAWANDA STREET & 1409 WEST
This is to advise that the owner, Sherwin Williams Co.,
instituted certiorari proceedings on 73 Tonawanda Street &
1409 West Avenue, Buffalo, New York, regarding the
assessments for fiscal year 1998-99. The assessments
were reviewed by the Department and the owner expressed
a willingness to settle the proceeding.
The final assessment for fiscal year 1998-99 was
$900,000 for 73 Tonawanda Street and $277,200 for 1409
West Avenue. The owner is agreeable to a settlement which
would result in a reduction to $625,000 on 73 Tonawanda
Street and $200,000 on 1409 West . The taxpayer would be
entitled to a refund of $10,848.80 for 73 Tonawanda Street
and $3,045.54 for 1409 West for the 1998-99 year. The
buildings on these properties were demolished in 1998.
Based on a review of the current market value of the
property, I feel this settlement would be in the best interest of
the City. I recommend this settlement, in which the
Department of Law concurs.
The proposed settlement is subject to approval by Your
Honorable Body. I therefore request that the Corporation
Counsel be 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
Page 7
99-0126.txt
CERTIFICATE OF APPOINTMENT
Appointment Effective: January 14, 1999 in the
Department of Assessment to the Position of Assessor
Trainee, Permanent, Appointment, at the: Intermediate
$24,170
Judith McCabe, 29 Mayer Avenue. Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 12
CERTIFICATE OF APPOINTMENT
Appointment Effective: January 14, 1999, in the
Department of Assessment to the Position of , Assessor
Trainee, Temporary, Appointment, at the Maximum Starting
Salary of $25,495,
Victor Getz, 25 Knox Avenue, Buffalo, NY 14216
REFERRED TO THE COMMITTEEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 13
NOTIFICATION SERIAL #9106
REPEAL OF PERMISSIVE PARKING ON HERTEL
AVENUE, SOUTH SIDE BETWEEN NORTH PARK
AVENUE AND SARANAC AVENUE
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: PERMISSIVE PARKING
PERMISSIVE PARKING PERIOD OF PERMISSIVE
LOCATION PARKING - DAILY
Hertel Avenue, South side 2 hour parking
between North Park Avenue 7:00 a.m. to 7:00 p.m.
and Saranac Avenue Except Sunday
This action is being taken to update our records so as to
reflect current on-street parking conditions. This area is
directly in front of St. Margaret's Church on Hertel Avenue. (
see next Serial )
NOTIFICATION SERIAL #9107
NO STANDING SCHOOL DAYS - INSTALL ON HERTEL
AVENUE, SOUTH SIDE FROM A POINT 25' WEST OF
NORTH PARK AVENUE TO SARANAC AVENUE
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
Page 8
99-0126.txt
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Hertel Avenue, south side 8:00 a.m. - 4:00 p.m.
from a point 25' west of School Days
North Park Avenue
to Saranac Avenue
This action is being taken to update our records so as to
reflect current on-street parking conditions. This area is
directly in front of St. Margaret's Church on Hertel Avenue. (
see previous Serial )
NOTIFICATION SERIAL # 9108
REPEAL ONE-WAY STREET DIRECTION BREMEN
STREET - NORTHBOUND FROM VERMONT STREET TO
RHODE ISLAND STREET
ONE-WAY STREET DIRECTION - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 22 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom
the following: ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Bremen Street northbound
from Vermont Street
to Rhode Island Street
These changes have been requested by the Board of
Education in order to provide proper bus and auto circulation
at recently renovated School #38.
NOTIFICATION SERIAL # 9109
INSTALL ONE-WAY STREET DIRECTION BREMEN
STREET - SOUTHEASTBOUND FROM RHODE ISLAND
STREET TO VERMONT STREET
ONE-WAY STREET DIRECTION - 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 Section 22 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the
following:ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Bremen Street southeastbound
from Rhode Island Street
to Vermont Street
These changes have been requested by the Board of
Education in order to provide proper bus and auto circulation
at recently renovated School #38.
NOTIFICATION SERIAL # 9110
Page 9
99-0126.txt
INSTALL STOP SIGNS IN BREMEN STREET AT
VERMONT STREET
STOP SIGNS (ALL-WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Bremen Street Vermont Street
These changes have been requested by the Board of
Education in order to provide proper bus and auto circulation
at recently renovated School #38.
NOTIFICATION SERIAL # 9111
REPEAL STOP SIGNS IN LOWELL PLACE AT VERMONT
STREET
STOP SIGNS -REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Lowell Place Vermont Street
These changes have been requested by the Board of
Education in order to provide proper bus and auto circulation
at recently renovated School #38.
NOTIFICATION SERIAL #9112
INSTALL ONE-WAY STREET DIRECTION
LOWELL PLACE - NORTHWESTBOUND
FROM VERMONT STREET TO RHODE ISLAND STREET
ONE-WAY STREET DIRECTION - 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 Section 22 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented b, adding thereto the
following:ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Lowell Place northwestbound
from Vermont Street
to Rhode Island Street
These changes have been requested by the Board of
Page 10
99-0126.txt
Education in order to provide proper bus and auto circulation
at recently renovated School #38.
NOTIFICATION SERIAL #9113
REPEAT STOP SIGNS IN RHODE ISLAND STREET AT
BREMEN STREET
STOP SIGNS -REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Rhode Island Street Bremen Street
These changes have been requested by the Board of
Education in order to provide proper bus and auto circulation
at recently renovated School#38.
NOTIFICATION SERIAL # 9114
INSTALL STOP SIGNS IN RHODE ISLAND STREET AT
LOWELL PLACE
STOP SIGNS (ALL-WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following:STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Rhode Island Street Lowell Place
These changes have been requested by the Board of
Education in order to provide proper bus and auto circulation
at recently renovated School#38.
NOTIFICATION SERIAL #9115
TRUCK ROUTE ADDITION
READING AVENUE BETWEEN
HOPKINS STREET AND SOUTH PARK AVENUE
TRUCK ROUTE ADDITIONS
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 Subsection 2 of Section 40 of Chapter
479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following:
TRUCK ROUTE SYSTEM
Reading Avenue between Hopkins Street and South Park
Avenue is hereby added to the City Truck Route System.
Page 11
99-0126.txt
This action is being taken at the request of commercial
businesses and trucking companies.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 14
ACQUISITION OF PARCEL OF LAND NECESSARY FOR
THE RECONSTRUCTION OF MILITARY ROAD
The Division of Engineering is in the process of preparing
plans for the reconstruction of Military Road. As part of that
project, we have been advised by our consultant engineers
that it will be necessary for the City of Buffalo to acquire title
for the following described parcel of privately owned land
which is to be reserved for street purposes:
All that tract or parcel of land situate in the City of Buffalo,
County of Erie, and State of New York, being part of Lot 90,
Township 11, Range 8 of the Holland Land Company's
survey, bounded and described as follows:
Beginning at a point on the west line of Military Road (601
wide), at its intersection with the north line of Skillen Street
(80, wide); Thence northwesterly along the said north line of
Skillen Street, a distance of twenty and no hundredths
(20.001) feet to a point;
Thence northeasterly at an interior angle of 69 141 1211, a
distance of twenty-three and sixty-eight hundredths (23.681)
feet to a point on the said west line of Military Road;
Thence southerly along the said west line of Military Road,
a distance of twenty-five and no hundredths (25.00') feet to
the point or place of beginning, containing 0.01 acres more
or less.
I am, therefore, requesting that Your Honorable Body
authorize the Office of the Comptroller of the City of Buffalo
to enter into negotiations with the owner of said property for
the purpose of acquiring title to the parcel in question. The
reputed owner is Alfred S. McCabe, 148 Argonne Drive,
Kenmore, New York. The land in question is part of the
parcel identified as SBL number 0774300001009000 on the
current assessment maps. Funds for the acquisition of the
property are available in Bond Fund No. 202-401-502-00-
000.
Mrs. LoTempio moved:
That the above communication from the Department of
Public Works dated January 8, 1999, be received and filed-
and
That the Comptroller be, and he hereby is authorized to
enter into negotiations with Alfred S. McCabe, residing at
148 Argonne Drive, Kenmore for the purpose of acquiring
title to the above described parcel on Military Road, and
report back to this Common Council the results of such
negotiations. Funds for this acquisition of the property are
available in Bond Fund No. 202-401-502-00-000.
Passed
Ayes-12, Noes-0
NO. 15
CHANGE IN CONTRACT
RECONSTRUCTION OF 118 E. UTICA-PHASE II
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Reconstruction of 118 E. Utica, Phase II,
General Construction, Dreamco Development Corp., C
Page 12
99-0126.txt
#91978800.
1. Omit illuminated sign, 30' of solid wood fencing, and
miscellaneous changes in site layout as directed by
the Division of Planning Site Review Committee.
Deduct $4,247.00
2. Replace the first three(3)stairs in Entry 101. Add
$2,897.00
The foregoing change results in a net decrease in the
contract of One Thousand Three Hundred Fifty and 00/100
Dollars (-$1,350.00).
Summary: Original Amount of Contract $234,749.00
Amount of This Change (No. 1) Deduct $ 1,350.00 Revised
Amount of Contract $233,399.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Robert Traynham Coles, Architect, PC) and the
Department of Public Works and found to be fair and
equitable. Funds for this work to be credited to 202-402-503
- 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 20, 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 Dreamco
Development Corp., a decrease in the amount of $1,350.00,
as more fully described in the above communication, for
work relating to Reconstruction of II 8 E. Utica, Phase II,
General Construction, C #91978800. Funds for this project
are to be credited to 202-402-503 Division of Buildings.
Passed
Ayes-12, Noes-0
NO. 16
I. CINTRON - REQUEST STREET REPAIRS ON BRISCOE
STREET
ITEM #64, C.C.P. 12/29/98
The referenced item was referred to this department for
comment. The Division of Engineering has investigated and
evaluated the condition of Briscoe Street between Walden
and the north end, and recommends it for resurfacing.
We have included this street in our overlay program for
1999, and work will be completed after July 1, 1999 when 0
& M funding becomes available. The estimated cost of this
project is $38,500.00.
RECEIVED AND FILED
NO. 17
CERTIFICATE OF APPOINTMENT
Appointment Effective: in the Department of Division of to
the Position Of January 11, 1999 Public Works Buildings
Building Code Specialist, Permanent, Promotion at the
Maximum, Starting Salary of: $42,256
Arthur R. Kostrzewa, 221 Barnard Street, Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Page 13
99-0126.txt
NO. 18
CERTIFICATE OF APPOINMENT
Appointment Effective: January 8, 1999 in the Department
of Public works, Division of Engineering to the Position of
Sr. Drafting Technician, Provisional, Promotion,
at the: Maximum Starting Salary of $ 33,609
Ronald E. Brunette, 104 Trinity Place, Buffalo, NY 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 19
RESIDENCY ISSUES
DEPUTY POLICE COMMISSIONERS
In response to correspondence received from you dated
January 5, 1999 inquiring as to the residency issues
involving the recent appointments of 1" Deputy Police
Commissioner Crystalea Pelletier and Deputy Commissioner
Mark Blankenberg, please be advised that I choose not to
disclose any information concerning the non-binding
privileged verbal communications and/or agreements that
may have taken place between the Mayor, myself and the
Deputy Police Commissioners involved.
The Department will continue to ensure that all proscribed
Civil Service Laws, Rules and Regulations; as they relate to
residency issues, are adhered to by all employees of the
Buffalo Police Department. If you should have any
questions concerning this correspondence, please feel free
to contact me at your convenience.
REFERRED TO THE COMMITTEE ON CIVILSERVICE
NO. 20
CERTIFICATE OF APPOINTMENT
Appointment Effective: October 28, 1998, in the Department
of: Police, to the Position of: Police Chief. Exempt, Non-
Competitive, at the: Flat, Starting Salary of: $ 73,915
Harold Litwin Jr., 2459 Sandrock Road, Eden, N.Y. 14057
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 21
CERTIFICATE OF APPOINTMENT
Appointment Effective: November 30, 1998, in the
Department of: Police, Division of:, to the Position of: Report
Technician, Permanent, Appointment, at the: Maximum
Starting Salary of: $ 26,317
Michelle Graves, 116 Fairfield, Buffalo, New York 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 22
CERTIFICATE OF APPOINTMEENT
APPOINTMENT EFFECTIVE January 13, 1999, IN THE
DEPARTMENT OF Fire, DIVISION OF fire TO THE
POSITION OF Battalion Chief, permanent, promotion
at the flat, Starting salary of: $61,082
John Hess, 203 Capen Blvd, Amherst, 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Page 14
99-0126.txt
FROM THE CORPORATION COUNSEL
NO. 23
WAIVING BANDSHELL FEES
ITEM NO. 104, C.C.P., 1/12/99
You requested a response from the Law Department
regarding the authority of the Commissioner of Human
Services, Parks and Recreation (the "Commissioner") to
waive the fee charged for bandshell usage. You also
wanted to know whether granting the Commissioner this
power would require a mandatory referendum.
Though the Commissioner is charged with administering
parks and playgrounds, community and recreation centers,
and issuing permits for using park facilities, he does not
have the immediate authority to waive permit fees. That
power is generally reserved for the Common Council. A
legitimate concern has been raised that granting the power
to the Commissioner from the Common Council would
constitute a transfer of the Council's powers and would
require a mandatory referendum as required by Section 23
(f) of the Municipal Home Rule Law. However, the
Commissioner may be charged by the Council to waive the
bandshell fee without a referendum.
Pursuant to Section 285.4 of the Charter of the City of
Buffalo, the Commissioner "shall also exercise such other
powers and perform such other duties as may be conferred
or imposed upon him by any provision of this act or by any
general law or ordinance." If the Common Council enacts an
ordinance specifically authorizing the Commissioner to
receive, review and act on applications for bandshell fee
waivers, they have not transferred their power. The
Commissioner is merely acting as the administrating agent
for the Council in these matters, consistent with his duties
and powers as provided in the Charter. The ordinance
should outline the standards to be utilized in determining
whether to grant the fee waiver.
The Common Council should retain appellate authority to
evaluate and modify those determinations by the
Commissioner that are disputed by bandshell fee waiver
applicants.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 24
DONATION OF POLICE HORSE
ITEM NO. 25, C.C.P -1/12/99
You requested a response from the Law Department
regarding the proposal of the Police Department to dispose
of a particular piece of police property identified as the police
horse 'Cowboy".
The horse may be donated to a private entity without the
transaction being classified as a gift of public funds in
violation of the New York State Constitution. Cowboy,
though technically a City asset, also represents a City
liability. The mere act of owning the horse creates costs
unique and specific to the horse, i.e., stabling, feeding,
grooming and maintenance, etc. There are no other
financially beneficial uses for Cowboy, especially considering
his age and temperament.
The Common Council must authorize and approve the
Page 15
99-0126.txt
disposition of Cowboy to a private entity, preferably a non-
profit that does not intend to utilize Cowboy for a commercial
purpose.
RECEIVED AND FILED
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 25
CONNECTICUT STREET URBAN RENEWAL PLAN
APPROVAL OF CONTRACT FOR SALE OF LAND
JEHOVAH'S WITNESSES
Attached herewith is a Contract For Sale of Land by and
between the City of Buffalo and Urban Renewal Agency and
Jehovah's Witnesses.
It is now necessary for Your Honorable Body to set a date
for a public hearing, and to direct the publication of a notice
of said hearing. In the interest of time and anticipating that
Your Honorable Body is willing to expedite this matter, I have
taken the liberty to prepare a Resolution together with a
Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the Mayor to execute the
necessary documents for the disposition of the land to
Jehovah's Witnesses.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 26
RESPONSE TO CCP RES. NO. 214, DATED OCTOBER 6,
1998 LOWER WEST SIDE NEW HOUSING - 200 BLOCK
PROSPECT AVENUE
DEMOLITION OF 234 PROSPECT AVENUE
In response to a request by this Honorable Body for
information regarding the situation associated with the
demolition of 234 Prospect Avenue , please be advised that
based upon a thorough review of the said situation I would
like to present a brief historical synopsis of the procedures
that were in place with regard to the said demolition.
In August of 1997 Buffalo Neighborhood Revitalization
Corporation ("BNRU) negotiated a contract for the purchase
of 234 Prospect Avenue. At which time BNRC commenced
with its due diligence process of the property (i.e. title and
rehabilitation potential). The closing of the property took
place on June 5, 1998 with the recording of the deed in the
Erie County Clerk's Office.
It was during the due diligence period that the property was
determined to be in need of extensive renovation that would
have make the rehabilitation of said property an extremely
costly venture.
To complicate matters, in the middle of August, 1998 there
was an arson fire that destroyed the adjacent property
located at 230 Prospect Avenue, requiring demolition of said
Page 16
99-0126.txt
property. Upon reviewing the site plan of the property
between 230 Prospect Avenue and the newly constructed
homes at 248 and 244 Prospect Avenue, it was further
determined that based upon the overall poor condition of 234
Prospect Avenue, together with its location situate in the
middle of the land assembly, that it would be in the best
interest for the overall development of Prospect Avenue that
234 Prospect Avenue be demolished and that the site be
prepared for new construction.
On August 21, 1998, BHD Properties, the owner of 230
Prospect, was requested, on behalf of BNRC to submit a
demolition proposal for its property at 230 Prospect Avenue,
together with 234 Prospect. This request was based solely
upon the determination that the two properties could be
demolished at a less expensive price.
Accordingly, on September 2, 1998 BHD Properties
submitted three (3) proposals for demolition of the properties
and following discussions with the construction inspectors,
BHD Properties was instructed to proceed. BHD directed its
contractors to proceed with the demolition of 230 Prospect,
which occurred on September 15, 1998, and 234 Prospect
Avenue, which was demolished on Wednesday, September
30, 1998; after commencing with the permit process.
I trust that the above information can provide a satisfactory
picture as to the background of events associated with 234
Prospect Avenue. As you are aware, it remains the ultimate
goal of this department that every effort be taken to assure
the rebuilding of our City neighborhoods.
It is with great anticipation that I look forward to a
continuing productive working relationship between the
Common Council and the Department of Community
Development with the numerous neighborhoods
redevelopment projects throughout the City of Buffalo. In the
event that you have any additions or concerns I encourage
you to contact me at Ext. 4913.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 27
1 LIBERTY AVENUE
PREPARATION OF REMEDIAL
DESIGN REPORT
The Department of Community Development hereby
requests permission to take bids for the above project, and
has asked for and received the following bids for generation
of a Remedial Design Report on December 7,1998.
Company Bid
ERM-Northeast $10,265
Sear Brown $13,500
Ecology & Environment $ 5,940
Acres International $21,000
Benchmark Engineering $19,400
I hereby certify that the foregoing is a true and correct
statement of the bids received. Therefore, Sear Brown
Group, 135 Delaware Avenue, Suite 407, Buffalo, New York,
is the lowest qualified responsible bidder in accordance with
the plans and specifications.
The reasons for not awarding the project to Ecology and
Environment or ERM-Northeast are as follows:
E & E's proposal was essentially contained in two pages of
text; the detail of the proposal was not to the level required
by the City to indicate that the bidder could present a
Page 17
99-0126.txt
concise understanding of the project and how it was to be
approached.
E & E proposed to identify any additional information
needed, such as surveys and analytical data. The New York
State Department of Environmental Conservation and the
City have assessed that there should be no need for
additional surveys or analytical data to produce the plans
and specs required for the remediation project.
E & E proposed a 2-hour meeting at project kick off to
verify site conditions prior to commencing work. It is felt
since E & E conducted the site investigation and wrote the
investigation report for this site, there should be no question
regarding the site conditions and hence no need for the
meeting.
ERM-Northeast's bid was also very general in its approach
to the project; there was no mention of addressing the need
for engineering support and oversight and no mention of the
need for a closure report. The number of required plan
drawings also did not appear to be adequate Finally, it was
recently found that the ERM-Northeast Buffalo office is
staffed by a single person, who is working part time. It is
therefore questionable that ERM would be able to handle
this job and respond to the City's needs in a timely manner.
I recommend that your Honorable Body authorize the City
to order the work to the Sear Brown Group, on the basis of
the lowest qualified responsible bidder. Funds for this work
are available in Bond Fund Account 202-717-005.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 28
RESULTS OF NEGOTIATIONS
351 BOX, 4261 W MOSELLE
VACANT LOT: 30' X 118'
ASSESSED VALUATION: $2,700
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase 351
Box Street from Ms. Rebecca Wilson, 355 Box Street,
Buffalo, New York 14211. Ms. Wilson own 355 Box Street,
which adjoins 351 Box Street. She intends to clean up the
area and use 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 Dennis Walker of Able Appraisals Associates, 43 St. Paul
Street, Buffalo, New York 14209. He has estimated the
value of the property to be Five Hundred Dollars ($500.00).
The Division of In-Rem Properties concurs with the
appraisers estimate of value.
The results of our negotiations are that Ms. Rebecca
Wilson has agreed and is prepared to pay Five Hundred
Dollars ($500.00) for the subject property. She 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 351 Box Street to Ms. Rebecca Wilson in the
amount of Five Hundred Dollars ($500). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Page 18
99-0126.txt
REFERRED T0 THE COMMITTEE ON FINANCE
NO. 29
RESULTS OF NEGOTIATIONS
1320 MICHIGAN, 701 S RILEY
VACANT LOT: 30' X 100'
ASSESSED VALUATION: $1,500
The Department of Community Development, Division of
in-Rem Properties, has received a request from Mr. Earl
Harper, 89 Riley Street, Buffalo, New York 14209, to
purchase the above captioned vacant lot. Mr. Harper
intends to build a garage.
The Department of Community Development and the
Division of Collections have no objection to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by David Hurlburt, Appraiser,of Howard P. Schultz &
Associates, 288 Linwood Avenue, Buffalo, New York 14209.
He has estimated the value of the parcel to be Six Hundred
Fifty Dollars ($650), Twenty-One Cents (.21) 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 Cents (.25) to Fifty-Seven Cents (.57) a square
foot.
The results of our negotiations are that Mr. Harper has
agreed and is prepared to pay Nine Hundred Dollars ($900),
Thirty Cents (.30) a square foot, for this parcel. He has also
agreed to pay for the cost of the appraisal, transfer tax,
recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve
the sale of 1320 Michigan Avenue to Mr. Earl Harper in the
amount of Nine Hundred Dollars ($900). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 30
CERTIFICATE OF APPOINTMENT
Appointment Effective January 11, 1999, in the
Department of Community Development, Division of
Planning to the Position of Principal Planner, Temporary,
Appointment, at the: Intermediate (step 3), Starting Salary of.
$ 44,703.
William Grillo, 26 Edgewood Ave., Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF STREET SANITATION
NO. 31
RE-APPOINTMENT OF CLYDE ESCHBORN
ACCOUNT EXECUTIVE-STREET SANITATION
Mr. Clyde Eschborn was appointed Provisional Account
Executive on October 27, 1997. He was appointed at the
first step of the Salary grade or $23,909.
A Civil Service examination was held, but no candidate for
the position passed the examination. Therefore, Mr.
Eschborn was re-appointed to this position. He is receiving
the second step of the salary grade or $24,707 since he has
worked for this department since October 27, 1997.
Page 19
99-0126.txt
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 32
ALTERNATIVE FUNDING SOURCES FOR BUFFALO'S
URBAN FOREST
Currently these are the Organizations involved in our Urban
Forest.
Buffalo Green Fund
Raises money to plant trees on streets and in parks. (20
years old-, private)
2. Mayor's Matching Fund
Works with block clubs on localized tree planting on streets.
(2 years old; public/private)
3. Urban Resource Partnership
Similar to Match Fund. Applying for grant to conduct tree
survey. (public/private; one year old; Federal)
4. Buffalo Olmsted Conservancy
Raises money to plant trees in Olmsted Parks. (Private /
approximately 10 years) Lila Wallace Reader's Digest Fund
5. Reforest Buffalo
Advocacy group attempting to fund raise and plant new
trees.
The assistance from the listed agencies is greatly
appreciated- The City must give the Urban Forest more
attention. The new equipment and additional three crew
members is a beginning. The benefits of a healthy, thriving
tree population adds to our quality of life.
To maintain our tree population, additional funding,
equipment, and manpower will allow us to preserve this
sought after asset.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CITY CLERK
NO. 33
RESIGNATION COUNCILMEMBER AT LARGE
Please accept this as my formal notice of resignation from
the position of Councilmember at Large for the City of
Buffalo effective January 19, 1999.
RECEIVED AND FILED
NO. 34
RIGHTS-OF-WAY AND TELECOMMUNICATIONS
Attached please find a "white paper" I have prepared
regarding telecommunications and municipal rights-of-way,
along with some other related materials. In Buffalo, as well
as throughout the country, we are beginning to see the
impact of the emerging competition in telecommunications
services. These changes in the industry present us exciting
opportunities as well as some significant challenges. This
paper is an effort to summarize some of the relevant issues
as we prepare to deal with the far-reaching ramifications of
these developments.
Page 20
99-0126.txt
I welcome your comments, ideas and suggestions.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 35
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons
applying for liquor licenses from the Erie County Alcohol
Beverage Control Board.
Address Business Name Owner's Name
615 Hopkins St. SLT ENTERPRISES INC,
884 Main St. The Green Room (Roxys)
101 Theatre Pl Theater PI. Gallery Limited
RECEIVED AND FILED
NO. 36
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
Comptroller Maria Hejna, Bonnie Butler
Police Michele Brooks, Patrick Baggott, Leonard Valvo
Human Services, Parks/Recreation, Mary Adamski
RECEIVED AND FILED.
NO. 37
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
NO. 38
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.
Appointment Effective January 13, 1999, in the Department
of Street Sanitation to the position of Seasonal Laborer II
Non Competitive at the flat starting salary of $6.92/hr
Tony B. Buck, 75 Knox Avenue, Buffalo, New York 14216
January 18, 1999 Pe
Street Sanitation
Appointment Effective January 18, 1999 in the Department
of Street Sanitation to the position of Seasonal Laborer II,
Non Competitive, at the flat starting salary of $6.92/hr
Jor-El Hunt, 180 Chester Street, Buffalo, NY 14208
NO. 39
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
Page 21
99-0126.txt
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.
Appointment Effective: January 11, 1999, in the
Department of Administration and Finance, Division of
Parking Enforcement to the Position of Laborer I, Temporary
Non-Competitive at the: Minimum Starting Salary of: $9.57
Paul B. Jackson, 155 Roosevelt Avenue, Buffalo 14215
Appointment Effective January 11, 1999, in the
Department of Audit and Control, Division of Data
Processing to the Position of Computer Programmer,
Temporary Appointment at the
: Starting Salary of: $33,411
Michael Rivera, 53 West Ave, Buffalo NY 14201
Appointment Effective January 11, 1999 In the Department
of Law to the Position of Assistant Corporation Counsel II,
Temporary Non Competitive at the Minimum/Flat Starting
Salary of: $ 48,566
Carmen J. Gentile, 474 Seventh St., Buffalo, NY 14201
AMENDED, Appointment Effective 1/19/99 in the
Department of Law to the Position of Assistant Corporation
Counsel I (Municipal Atty) Permanent Non-Competitive at
the Minimum Starting Salary of $ 39,856.00
Joy C. Trotter, 601 Lafayette Avenue, Buffalo, New York
14222
*AMENDED CERTIFICATE***
Appointment Effective: December 28. 1998
in the Department of Police to the Position of: Public Safety
Dispatcher Temporary Appointment at the Minimum Starting
Salary of $ 25,146
Laurice A. Clarke-Frazier, 1141 Ellicott St, Buffalo,NY 14209
Appointment Effective January 19, 1999, in the
Department of Public Works, Division of Buildings, to the
Position of Laborer I Permanent Non-Competitive at the
Minimum Starting Salary of $ 9.57/hr
Darren A. Ross, 190 Manhatten Street Apt.5 Buffalo 14215
Appointment Effective January 15, 1999, in the
Department of Public Works, Division of Water, to the
Position of Clerk, temporary appointment, at the minimum
Starting Salary of: $21,917
Ann Haskell, 632 Grant Street (Rear), Buffalo, 14213
Appointment Effective January 19, 1999, in the
Department of Public Works, Division of Water, to the
Position of Clerk temporary appointment at the minimum
Starting Salary of: $21,917
Maureen Colern, 154 Cushing Place, Buffalo, 14220
Jobie Davis, 6 Donovan Apt. D, Buffalo, 14211
Denise Bell. 248 Glenwood, Buffalo, 14208
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
ON-OFFICIAL COMMUNICATIONS
NO. 40
R. BLOCK-MEDICAL RIDER CONCERNS
When I retired in 1997 with my Blue Cross & Blue Shield, it
was for life!
I recently submitted my prescriptions for my 80%
Page 22
99-0126.txt
reimbursement only to find it had been taken away(July 1,
1998)
I wish to inform you I am alive and do not think you can
legally do this. So I will become apart of the class action suit
to get back my co-pay reimbursement.
Being retired under disability these moneys due to many
prescription drugs amount to quit a bit of cash outlay per
year.
It is your contention that the city needs this money more
than its retired employees on limited income do.
We were faithful employees and believed our retirement
rights were safe and secure. This is no way to treat our
loyalty
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR
LAW IMPASSE
NO. 41
PROBLEM NIMO - CITY MISSION
As a Councilmember in the City of Buffalo, I am always
interested in the events and activities that are occurring in
our City. As you can imagine, I have a special interest in
those organizations that perform a service for our City, and
by their very existence, have made our City a better place to
live.
Last fall, I became aware of a problem between Niagara
Mohawk Power Corp. (NMPC) and the Buffalo City Mission.
The Mission has been receiving service under a commercial
rate instead of the more favorable religious rate. It is my
understanding that Niagara Mohawk is denying the religious
electric rate because a portion of the Mission's facilities are
used for sleeping and eating.
I was greatly disturbed when I heard of NMPC's rationale.
The City Mission is a not for-profit, non denominational,
religious organization that was founded to meet the spiritual
and physical needs of the destitute, needy and homeless of
the City of Buffalo.
The City Mission is one of Buffalo's best Christian
ministries, and the City depends on the work of the Mission.
Indeed, Buffalonians are truly indebted to the City Mission
for its work in our area.
The fact that NMPC does not view the Mission as a
religious organization is unconscionable. I am appalled by
NMPC's position and feel that their actions and decisions are
completely unwarranted.
For these reasons, I urge you to uphold the Commission's
initial ruling. I believe, this is the fair and decision, in light of
who the Mission is and the work they perform.
Thank you for your consideration in this matter. If you
have any questions that I can answer for you, please feel
free to contact me at my office at (716)851-5155.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION OF ELECTRICAL SERVICES
NO. 42
OPPOSE BUILDINGS- 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 Pelzer, and others, who made
Page 23
99-0126.txt
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 winter time 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.
REFERRED TO THE. SPECIAL, COMMITTEE ON
HENNEPIN PARK
NO. 43
SNOW PLOWING ON MAPLERIDGE AVENUE
As residents and taxpayers of services, such as snow
plowing, we understand that you have no control over
mother nature, However we have been extremely patient
through this ordeal. Our street his only bow plowed once
during the snowstorm, and even that me time plowing was
done with a broken plow,
Today your plow cam through Mapleridge. Due to lack of
service, there were abundant amounts of snow after removal
that should have been taken to another site and dumped.
We have many children and senior citizens that walk along
the sidewalks and this snow poses a severe hazard to
anyone walking or driving. Also, snow left across driveways
is impossible to shovel for many of our seniors, people in
poor health single parent families and poses a threat to
healthy persons,
On behalf of out residents, we demand that you see that
those mounds of snow are removed, and the snow plowed,
is taken to another area and dumped, as is done in other
areas that are being plowed. The accumulations of snow on
the streets that has not been plowed, but once(1), still leaves
a dangerous Ievel of snow for ruts.
It would be appreciated if all of the council persons, and
others would board a bus together and ride around all
districts to we the condition of our streets from this massive
maw pile-up. Maybe in doing this all of you will be able to
see the bias in planning and in providing services to
communities or pans there of. We see it and feel the results
of it everyday. While we understand the snow. We fail to
understand the condition of equipment, planning, and areas
that are neglected from failure to plan congruently, Children
are at risk when traveling to and from school via
transportation or walking. Your response to this emergency
would be appreciated for the public health and safety of all
Page 24
99-0126.txt
residents in any area where these conditions persist. Being
in a state of preparedness for the well being of all people
should have been the priority. What a waste of time, money
and manpower!
REFERRED TO THE SPECIAL TASK FORCE ON SNOW
REMOVAL
NO. 44
G. MOONEY REQ. PERMISSION -USE AMPLIFIED
EQUIP. DURING PERFORMING
I am a professional "Street Performer"/ family entertainer,
licensed by the City of Buffalo for several years. I wish to
petition the council to amend my street performers license to
include "amplification" as allowed by law.
(City Code ch. 319-8-A)"Amplified equipment. A performer
licensed hereunder may use amplified equipment only with
the permission therefor from the Director of Licenses. Such
permission must be noted on the face of the license.
Amplified equipment shall be battery powered only and shall
be audible for a distance not to exceed I 00 feet."
Whereas: This council has recognized the application of
amplification may be appropriate and allowed in the city
code under certain conditions.
Whereas: My request for permission to the Director of
Licenses for such amplification was summarily rejected by
the Director on the basis that he grants no such permissions
for amplification to anyone. This indicates a condition of
unlawful prior restraint.
Whereas: My musical performances require an
accompaniment background provided by a "karaoke"
machine that meets the requirements stated in law.
(city code ch. 319-8-A.)
Whereas: Due to vehicular traffic, construction noise and the
like, certain city locations otherwise appropriate for
performances as permitted by law have an ambient noise
level that prevents the audience from discerning a
performance.
Whereas: For three consecutive years the staff of the
Division of Licenses have failed to provide me with a copy of
this ordinance as required by City Code:
(City Code chapter 319-5): "All licensees shall be furnished a
copy of this chapter, together with a list of areas and places
where performances are restricted.
Whereas: My record, and reputation as a Street Performer
by the name of "Mr. Balloon Man" is without blemish and
recognized by this body as such.
I do hereby request that this Council direct the Director of
Licenses to grant this applicant (myself) said Permission to
use Amplified Equipment as allowed in the code, subject to
the limitations and penalties as prescribed in p. 319-10.
1 further request that this Council direct the Director of
Licenses to review all the provisions of "Chapter 319,
Outdoor Performers" with his staff, and that they provide
copies to all new and renewed applicants as prescribed by
law.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE COMISSIONER
COMMUNITY DEVELOPMENT.
NO. 45
NYS DEC
REGISTRATION OF SITES HAZARDOUS WASTE 204
BRISTOL
Page 25
99-0126.txt
The New York State Department of Environmental
Conservation (DEC) maintains a Registry of sites where
hazardous waste disposal has occurred. Property located at
204 Bristol Street in the City of Buffalo and County of Erie
and designated as Tax Map Numbers; 1 1 1.66-8-28 and 11
1.66-8-29.1 was listed in the Registry because there was
some concern that hazardous waste was deposited there.
The name and site I.D. number of this property is listed in
the Registry as 204 Bristol Street, Site #91 5170. The DEC
is proposing to delist this site from the Registry. The reason
for proposing the removal of this site from the Registry is as
follows:
The reason for this deletion is that the site has been
remediated and no further action is required at the site.
Public comments about delisting this site are being received
before the decision to remove this site from the Registry is
finalized. If you would like to provide us with your written
comments, please send them to: Mr. Gregory P. Sutton,
P.E., Project Manager, NYS Department of Environmental
Conservation, 270 Michigan Avenue, Buffalo, New York
14203-2999.
The public comment period will end January 23, 1999. A
summary of any comments we receive will be made
available at our Region 9 Headquarters at 270 Michigan
Avenue, Buffalo, NY 14203.
If we do not receive any new or additional information during
this public comment period that changes our proposal, we
will delist the identified site on or after February 23, 1 999.
We are sending this letter to you and others who own
property near the site listed above as well as the county and
town clerks. We are notifying you about these activities at
this site because we believe it is important to keep you
informed.
If you have questions, need additional information, or have
information which you believe would be useful to us, please
call the Department of Environmental Conservation's toll-free
number: 1(800)342-9296. The Department of Health
maintains a Health Liaison Program (Help) toll-free
number:1(800)458-1158 Ext. 6402.
If you currently are renting or leasing your property to
someone else, please share this information with them. It
you no longer own the property to which this letter was sent,
please provide this information to the new owner and provide
this office with the name and address of the new owner so
that we can correct our records.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT THE ENVIRONMENTAL MANAGEMENT
COMMISSION, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL
NO. 46
ORKIN MONTHLY REPORT PEST CONTROL GELMAC
FOODS 6O CHILD ST.
RECEIVED AND FILED
NO. 47
S. HERBERT -REQ. SUPPORT COUNCILMEMBER
AT LARGE SEAT
Please allow me to Wish you and your family a warm and
prosperous 1999.
I am writing to you seeing your support and strong
recommendation in becoming the next person to represent
the At-Large-Seat being vacated by one of your colleagues,
Page 26
99-0126.txt
Barbra A. Kavanaugh.
I have always been a life-time Dern9crat. After 26 years
working at Roswell Park, now is time for real change.
I bring a unique background of know how important it is in
cooperating, compromising and collaborating in order to
accomplish specific goals.
In closing, lei this be the beginning of a new working
relationship for everyone living in Buffalo.
RECEIVED AND FILED
PETITIONS
NO. 48
D.RYAN, OWNER, PETITION TO USE 1896 FILLMORE
FOR BILLBOARD/POLE SIGNS.
REFERRED TO COMMITTEE ON COMMUNITY
DEVELOPMENT, CITY PLANNING BOARD, AND
COMMISSIONER OF COMMUNITY DEVELOPMENT.
NO. 49
M. HAMHTON, AGENT, PETITION TO USE 24 MEMORIAL
DRIVE FOR A HALFWAY
HOUSE.
REFERRED TO THE COMMITTEE ON LEGISLATION.
THE CITY PLANNING BOARD AND THE COMMISSIONER
OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 50
APPOINTMENT
SR. ENGINEER (MECHANICAL)
That Communication 33, January 12, 1999 be received and
filed and the Permanent appointment of David A. Hornung
above at the Maximum salary of $48, 027.00 effective on
December 7, 1998 is hereby approved-
PASSED
AYES - 12 NOES - 0
NO. 51
APPOINTMENT
SYSTEM ANALYST
That Communication 14, January 12, 1999 be received
and filed and the Temporary 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. 52
APPOINTMENT
ELECTRICIAN (MAX)(PW)
That Communication 23, January 12, 1999 be received
and filed and the Temporary appointment of Eddie L.
Williams above at the Maximum salary of $28, 425.00
effective on December 29, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 53
EXAM. BREAKDOWN OF MAJORITY/MMIORITY
APPLICANTS, ETC. (CSC)
(ITEM NO. 54 C.P.P. DECEMBER 15, 1998)
Page 27
99-0126.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 54
REPEAL CSC POLICE EXAM FEE INCREASE
(ITEM NO. 165 C.P.P. NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 55
SAL. ORD. AMEND.-COM. DEV.
(ITEM NO. 147 C.P.P. NOVEMBER 4, 1 ,998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
AYES BROWN, COPPOLA, FONTANA, FRANCZYK,
GRAY, HELFER, LOTEMPIO, MANLEY, PITTS,
QUINTANA, WILLIAMS -11 NOES - ZUCHLEWSKI - 1
NO. 56
SAL. ORD. AMEND.-COM. DEV. (CSQ
(ITEM NO. 56 C.P.P. NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 57
NOTICES OF APPT.-TENIP./PROV./PENN. (CC)
(ITEM NO. 39 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 58
LEASE - OPTION TO PURCHASE 379 GENESEE STREET
(ITEM NO. 3 1, C.C.P., DEC. 29, 1998)
That the Comptroller be, and he hereby is authorized to
enter into a lease between the City and Mr. Joseph Cox,
attorney representing AC Enviro Laundry Services, Inc., for
379 Genesee Street, for a term commencing December 1,
1998 and to expire on November 30, 2001. The lease is
subject to the conditions as listed in the above
communication. The lease must also contain a provision to
address the collection of garbage, either by the City or a
private collector. That the Corporation Counsel be, and he
hereby is authorized to prepare the necessary documents
and that the Mayor be authorized to execute the same.
PASSED
AYES - 12 NOES - 0
NO. 59
RESULTS OF NEGOTIATIONS - 414 DODGE STREET
(ITEM NO. 36, C.C.P., DEC. 29, 1998)
That the offer from Mr. William T. Spencer, residing at 412
Dodge Street, in the sum of Nine Hundred Fifty Dollars
Page 28
99-0126.txt
($950.00) for the sale of 414 Dodge 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. 60
CERTIORARI PROCEEDINGS - 22 OAKGROVE AVENUE
(ITEM NO. 26, C.C.P., SEPT. 22, 1998) (ITEM NO. 61,
C.C.P., JAN. 12, 1999)
That the Corporation Counsel be, and he hereby is
authorized to settle the 1997-98 certiorari proceeding on 22
Oakgrove Avenue by reducing the assessment from $32,200
to $20,000 for each year.
PASSED
AYES - 12 NOES - 0
NO. 61
WILLIAMS COMM.-ENCROACHMENT 350 MAIN, ETC,
(ITEM NO. 205 C.P.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
referred to by the Committee on Telecommunications.
ADOPTED
NO. 62
WATERMAIN BREAK-SHERMAN/PECKHAM STS. (PW)
(ITEM NO. 19 C.P.P. DECEMBER 29, 1999)
Mr. Franczyk moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 63
PROP. SEWER AUTH. CONTRACT
(ITEM NO. 152 C.P.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 64
ABANDONMENT/SALE OF PORTION OF RAILROAD
STREET, WATER BEDS & STUFF
(567 EXCHANGE, INC.)
(ITEM NO. 3, C. C. P., DEC. 29, 199 8)
That the Comptroller be, and he hereby is authorized to
split the remaining protion of Railroad Street into two
parcels, and to proceed with the negotiations of a portion of
Railroad Street 262' x 50' to 567 Exchange Street, Inc. in
accordance with Article 21, Section 390 (Discontinuing and
Page 29
99-0126.txt
Altering Streets) and Article 27, Section 513 (Sale of
Abandoned Real Property and Section 514 (Appraisals) of
the City Charter. The Comptroller will report back to the
Common Council with the results for the final approval of the
abandonment/sale of a portion of Railroad Street.
ADOPTED
NO. 65
PERMISSION TO ENGAGE CONSULTANT-
DESIGN/CONST. INSPECTION
MARINE DRIVE - GROUP #490
(ITEM NO. 16, C.C.P., DEC. 29, 1998)
That the Commissioner of Public Works be, and he hereby
is authorized to engage the services of a consultant engineer
to prepare plans, specifications, receive bids, and inspect
the construction for the Reconstruction of Marine Drive -
from Erie Street to Main Street, in an amount not to exceed
$200,000.00. Funds for the planning are available in the
reserve for Capital Project Account 200-061 -001.
PASSED
AYES - 12 NOES - 0
NO. 66
PERMISSION TO HIRE CONSULTANT-DESIGN OF
WPA[UNIMPROVED STREETS CITY WIDE
(ITEM NO. 22, C.C.P., JAN. 12, 1999)
That the Commissioner of Public Works be, and he hereby
is authorized to hire an engineering consultant for design
and inspection of WPA/Unimproved Streets in the City of
Buffalo, not to exceed $150,000. Funds for this project are
available in Capital Project Account #200-401-564.
PASSED
AYES - 12 NOES - 0
NO. 67
INFO. -I 10 EIRNWOOD AVENUE & ALLENDALE
THEATER (CD)
(ITEM NO. 28 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 68
REQ. INFO. POLICY POLICY WATER METERS
(ITEM NO. 267 C.P.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 69
INFO. POLICY READING-WATER METERS (PW)
(ITEM NO. 40 C.P.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
Page 30
99-0126.txt
received and filed.
ADOPTED
NO. 70
WATER SYSTEM - 5 YEAR CAPITAL IMPROVEMENT
PROGRAM
(ITEM NO. 41, C.C.P., SEP. 22, 1998)
That this Common Council does hereby approve the Five
Year Plan for the planned Capital Improvements to the water
facilities.
PASSED
AYES - 12 NOES - 0
NO. 71
ANNUAL REPORT-OPERATIONS-WATER SYSTEMS
(PW)
(ITEM NO. 16 C.P.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 72
ORDINANCE AMENDMENT - CHAPTER 491 - WATER
AND WATER POLLUTION
(ITEM NO. 121, C.C.P., DEC. 29, 1998)
That the Ordinance Amendment as contained in Item No.
121, C.C.P. December 29, 1998, be and the same hereby is
approved.
PASSED
AYES - 12 NOES - 0
NO. 73
REQUEST LEGAL OPINION AND ORDINANCE
AMENDMENT
(ITEM NO. 122, C.C.P., DEC. 29, 1998)
That this Common Council demands that the Corporation
Counsel draft and file an ordinance amendment requiring the
Water Authority to read the inside meters of all customers at
least once a year, and including a provision for a forgiveness
of past due water bills caused by negligence on the part of
the City of Buffalo, and
That the Corporation Counsel file an opinion regarding the
statute of limitations on water bill charges.
ADOPTED
NO. 74
J. KENNER-WATER PROBLEM - 205 SHUMWAY
(ITEM NO. 76 C.P.P. OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
Page 31
99-0126.txt
NO. 75
OVERDUE WATER CHARGES-ORD. AMEND.-WATER
METERS (CC)
(ITEM NO. 27 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 76
AMERICAN ANGLICAN-BFLO. SEWER AUTH. CONTR.
(ITEM NO. 68 C.P.P. DECEMBER 1, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 77
REQ. GRAFFITI ORD. (#2227,2/17)(#129,6/9)
(ITEM NO. 184 C.P.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 78
REQ. ORD. AMEND. - VAR. ANIMAL RELATED ISSUES
(ITEM NO. 250 C.P.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 79
OPP INDEPENDENT HEALTH - RESTRICT OPTIONS
ENCOMPASS 65 MEDICARE
(ITEM NO. 264 C.P.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed-
ADOPTED
NO. 80
M. FERDMAN-MORATORIUM ON ROOMING HSE.
LECENSES, ETC.
(ITEM NO. 65 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 81
E.C. COMM. ON HOMELESSNESS-MORATORIUM-RMG.
HSE. LICENSES
(ITEM NO. 45 C.P.P. JANUARY 12, 1999)
Page 32
99-0126.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 82
CONCERNS FROM ST. LEG. REG. MIN. WORKFORCE-
SHEA'S EXPANSION
(ITEM NO. 134 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 83
TREE TRIMMING POLICY
(ITEM NO. 138 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 84
RESCIND PKG. CHG.-HARTWELL RD. BTW.
DELAWARENIRGIL
(ITEM NO. 140 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 85
PARKING. ON HARTWELL ROAD
(ITEM NO. 15 C.P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 86
LOCAL LAW INTRO. NO. 17 (1998) - OBSOLETE
PROVISIONS OF EMPLOYMENT - POLICE/FIRE
DEPARTMENTS (ITEM NO. 156, C.C.P., DEC. 15, 1998)
(ITEM NO. 130, C. C.P., DEC. 29, 1998)
That the Local Law as contained in Item No. 156, C.C.P.,
December 15, 1998, be and the same hereby is approved.
PASSED
AYES - 12 NOES - 0
NO. 87
LOCAL LAW INTRO. NO. 22 (1998) - DELETE MATERIAL
MADE OBSOLETE
BY STATE LAW BARGAINING AGREEMENTS
(ITEM NO. 16 1, C. C.P., DEC. 15, 1998)
(ITEM NO. 13 5, C. C. P., DEC. 29, 1998)
That the Local Law as contained in Item No. 161, C.C.P.,
December 15, 1998, be and the same hereby is approved.
PASSED
AYES - 12 NOES - 0
Page 33
99-0126.txt
NO. 88
ALLEN & LIPPES-HAMLIN PK.
COMM./TAXPYRS.CONCEMS-1715 JEFF. AVE.
(ITEM NO. 40 C.P.P. JANUARY 12,1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 89
NYS GEN. SVS.-NOTICE-POTENTIAL LIFE/SAFETY
HAZ.-NHSC. CITY BLDGS.
(ITEM NO. 46 C.P.P. JANUARY 12, 1999)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 90
I. CINTRON-REQ. STREET REPAIRS-BRISCOE ST.
(ITEM NO. 64 C.P. P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 91
J. ANDRUSHAT-ST. MARY'S SQ. CONDO REFECTIVE
SIGNS ON FENCE
(ITEM NO. 67 C. P.P. NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 92
D. CABAN-HERMAN BADILLO ACADEMY-SPEED ZONE
SIGNS
(ITEM NO. 70 C. P. P. NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 93
APPOINTMENT MEMBERS TO THE BUFFALO WATER
BOARD
(ITEM NO. 3, C.C.P., DEC. 15, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
RESOLUTIONS
By: Byron W. Brown and Barbara A. Miller-
Williams
NO. 94
Page 34
99-0126.txt
BUFFALO MUSEUM OF SCIENCE STUDY
Whereas: In a previous resolution it was noted that the
Buffalo Museum of Science has expressed concerns about
vehicles using the parking lot on the west side of the
Museum as a thoroughfare; and
Whereas:Museum representatives say that the fast-
moving traffic creates a hazardous situation for the many
children, families, elderly, and others who use the facilities,
and the Charles R. Drew Science Magnet School
administration and staff share this concern; and
Whereas:The Museum has previously proposed closing
off the Martin Luther King, Jr. Park road that runs north and
south, adjacent to the west side of the museum, on park
land; and
Whereas:The cost associated with closing off the park
road would be funded by the Museum, and its installation is
not expected to cause any change in the traffic patterns on
the neighborhood streets; and
Whereas:Another proposal favors the changing of the
Dodge Street Bridge passageway from one-way to two-way,
thus allowing additional passageways for local traffic; and
Whereas: Although there are neighboring residents willing
to consider changing the Dodge Street Bridge to a two-way
thoroughfare, safety concerns regarding the width of the
bridge and the impact of the overflow traffic on the
neighboring residential streets have been raised;
Now, Therefore, Be It Resolved:
That the Buffalo Common Council requests that the
Department of Public Works conduct a traffic study to
determine the best possible solution, considering all
alternatives that would rectify the traffic problems at the
Buffalo Museum of Science, and the Charles R. Drew
Science Magnet School; and
Be It Further Resolved:
That this study include any foreseeable increases or
decreases in traffic to the neighboring streets, especially the
residential streets in the Ellicott and Masten Districts;
Be It Finally Resolved:
That the results of this study be filed with the Common
Council as soon as possible.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMRISSIONER OF PUBLIC WORKS
NO. 95
By: Richard A. Fontana
STAFFING AT PRECINCT II
Whereas:There are concerns regarding the Detective
staffing levels within Precinct I 1; and
Whereas:More manpower is desperately needed with the
combination of Precincts 8 & I 1; staffing levels have eroded
continually to 50 % of what it was in 1993; and
Whereas:The current statistics for 1998 are as follows:
Cases assigned 3,651 Average per Detective 730
Subpoenas 1,754 Average per Detective 350
Summonses 277 Average per Detective 55
Warrants 1,179 Average per Detectiv 235
Missing Persons 79 Average per Detective 15
Total: 6,940 Average per Detective 1,388
and
Page 35
99-0126.txt
Whereas:The community has been given the impression
that Detectives in the Police Department do not want to
transfer to Precinct II because of the severe shortage,
therefore, when assigned that precinct they make plans to
leave as soon as possible; and
Whereas:it is the understanding of this Common Council
that in March, 1999, there will be at least 26 new Detectives
promoted; and
Whereas:With the restoration of manpower to a Manageable
level, current personnel will assuredly stay and maintain the
excellent work ethics and standards set at Precinct ll; and
Now, Therefore, Be it Resolved:
That this Common Council respectfully request that the
Commissioner of Police return staffing to at least one
Sergeant and six Detectives; and
Be it Finally Resolved:
That this item also be referred to the Police Oversight
Committee.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT, AND THE
COMMISSIONER OF POLICE
NO. 96
BY. Mr. Franczyk
BOND RESOLUTION
$650,000 BONDS
CONSTRUCTION OF ELMWOOD AVE. PARKING
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $650,000 General Improvement
Bonds of said City, to finance the cost of construction of
parking lots located at 1086-1098 Elmwood Avenue, 569-
573 Forest Avenue, 255-257 West Utica Street, and 261
West Utica Street to provide off-street public parking in the
Elmwood Business District in the City, at the estimated
maximum cost of $650,000.
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 Six Hundred
Fifty Thousand Dollars ($650,000), 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 parking lots located at 1086-1098 Elmwood
Avenue, 569-573 Forest Avenue, 255-257 West Utica Street,
and 261 West Utica Street to provide off-street public
parking in the Elmwood Business District in the City. The
estimated maximum cost of said specific 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 $650,000, 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
Page 36
99-0126.txt
the Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Elmwood Avenue
Parking Lots , 1998-99", Bond Authorization Account No.
200-401, and shall be used for the specific objects or
purposes specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $650,000.
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 objects or purposes for which the bonds authorized
by this resolution are to be issued within the limitations of
Section 11.00 a. 20. of the Law, is fifteen (15) years,
however the maximum term of such bonds shall not extend
beyond five years from the original date of issuance of bonds
or notes pursuant to this resolution .
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: January 26, 1999
LAID ON THE TABLE
NO. 97
By: Mr. Franczyk:
BOND RESOLUTION
Page 37
99-0126.txt
$350,000 BONDS
LAND ACQUISITION FOR ELMWOOD AVE. PARKING
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $350,000 General Improvement
Bonds of said City, to finance the cost of acquisition of land
parcels located at 1086-1098 Elmwood Avenue, 569-573
Forest Avenue, 255-257 West Utica Street, and 261 West
Utica Street to provide off-street public parking in the
Elmwood Business District, in the City, at the estimated
maximum cost of $350,000.
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 Three Hundred
Fifty Thousand Dollars ($350,000), 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
acquisition of land parcels located at 1086-1098 Elmwood
Avenue, 569-573 Forest Avenue, 255-257 West Utica Street,
and 261 West Utica Street to provide off-street public
parking in the Elmwood Business District in the City. The
estimated maximum cost of said specific 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 $350,000, as set forth in
the duly adopted Capital Improvements Budget of said City
for fiscal year 1998-99, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Elmwood Avenue
Parking Lots , 1998-99", Bond Authorization Account No.
200-401, and shall be used for the specific objects or
purposes specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $350,000.
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 objects or purposes for which the bonds authorized
by this resolution are to be issued within the limitations of
Section 11.00 a. 21. of the Law, is thirty (30) years, however
the maximum term of such bonds shall not extend beyond
five years from the original date of issuance of bonds or
notes pursuant to this resolution .
(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.
Page 38
99-0126.txt
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money,,or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: January 26,1999
LAID ON THE TABLE
NO. 98
By: Ms. Gray
SALARY ORDINANCE AMENDMENT
011 CITY CLERK
002 OFFICE OF TELECOMMUNICATIONS
The Common Council of tile City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of tile Code of the City of
Buffalo, relating to 01 Department of City Clerk 002 Office of
Telecommunications which reads:
2 Telecommunications/ Cable Television Specialist
$29,751 - $34,140
Is hereby amended to read:
I Telecommunications/ Cable Television Specialist $29,751
- $34,140
1 Deputy Director of Telecommunications $29,751 -
$34,140
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.
Page 39
99-0126.txt
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
PASSED
AYES - 12 NOES - 0
NO. 99
By: Mr. Helfer, All Councilmembers
CREATE SNOW REMOVAL TASK FORCE
Whereas:The City of Buffalo received a record amount of
snow beginning with the storm that resulted in a driving ban
on January 4, 1999; and
Whereas:This storm continued to wreak havoc throughout
our community for nearly three weeks; in addition to record
snowfall, residents also faced frigid wind chills and other
dangerous weather conditions; and
Whereas:Numerous residents contacted the Department of
Street Sanitation, their Common Council representatives,
and other City of Buffalo officials to voice their complaints
regarding snow removal; and
Whereas: One of the most common complaints was that
residential streets were not plowed until after the main routes
were plowed; and
Whereas: Although many residents noted that they
understood that the main routes needed to be cleared
promptly, they expressed Frustration that the Department of
Street Sanitation did not address both main and residential
routes simultaneously; and
Whereas: Many residents also said that it did not seem as
if the Department of Street Sanitation had a plan of action to
address a storm of this degree of severity; and
Whereas: The Department of Street Sanitation has a
snow plan, but it does not address certain critical issues,
such as the deployment of personnel and equipment during
particularly severe storms; and
Whereas: It has been suggested that the Department of
Street Sanitation implement a snow plan, based on actual
staffing and equipment levels, containing separate strategies
that can be implemented if the snowfall is Mild, moderate,
severe, or extremely severe; and
Whereas: If such a detailed plan is implemented, the City
of Buffalo could more easily and efficiently address snow
removal during a snow storm of any magnitude; and
Whereas: This plan should also contain provisions that
facilitate both inter-departmental and inter-municipal
cooperation; and
Whereas: As we move into the twenty-first century, it is
crucial that we implement a snow plan that will enable the
City of Buffalo's Department of Street Sanitation to quickly
and efficiently clear snow from main, secondary, and
residential routes; and
Now, Therefore, Be It Resolved:
That the Buffalo Common Council creates a task force
consisting of the following:
Three members of the Buffalo Common Council
Three representatives appointed by Mayor Anthony M.
Page 40
99-0126.txt
Masiello (one should be from the Department of Street
Sanitation and one from the Mayor's office)
Three representatives from neighboring municipalities
Three City of Buffalo residents; and
Be It Further Resolved:
That this Task Force will work with the City of Buffalo
Department of Street Sanitation and other relevant City
officials to develop a comprehensive snow fighting plan
based on actual staffing and equipment levels; and
Be It Further Resolved:
This plan should contain separate strategies that can be
implemented if the snowfall is mild, moderate, severe, or
extremely severe, and provisions that facilitate both inter-
departmental and inter-municipal cooperation; and
Be It Finally Resolved:
That the Task Force file the snow plan in Room 1308 City
Hall by 2:00 p.m. on Thursday, April 1, 1999, so that this
Honorable Body has ample time to review this snow plan
prior to deliberating Mayor Anthony Masiello's proposed
budget for 1999-2000.
ADOPTED
NO. 100
BY:MS. KAVANAUGH, MR. FRANCZYK, MR. FONTANA,
MR. MANLEY, MS. MILLER-WILLIAMS, MR. QUINTANA,
AND MR. ZUCHLEWSKI
ORDINANCE AMENDMENT
CHAPTER 409 - STATUES AND MONUMENTS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 409 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 409 - Statues and Monuments; Public Art
Article 11
Art in Public Places Program
Sec. 409-2. Purpose,
The city of Buffalo accepts a responsibility for expanding
experience with visual art, Such art has enabled people in to
better understand their communities and individual lives.
Artists capable of creating art for public places must be
encouraged and Buffalo's standing as a regional leader in
public art enhanced. Other cities around the country.
including Miami. Philadelphia, Denver and Seattle- have
created programs which greatly enhance their urban
environments by requiring that a portion of public rnoney
used for capital projects be devoted to public art. The
artwork in Buffalo's Metrorail Stations is an example of how
well-planned art components of public projects can improve
the way residents and visitors to Buffalo experience the City
A policy is therefore established to direct the inclusion of
works of art in public projects in the city.
Sec, 409-3. Capital Improvement Projects to include
amount for public art,
The Art in Public Places Program shall apply to all Capital
Improvement Projects as defined below- including
multilphase projects on a single project site- whose
budgeted cost of construction and design for a single project
or for the total of such multilphase projects is equal to or
greater than One Million ($1,000,000) An amount equal to
One Percent (l%) of the total budgeted construction and
design cost of the Capital Improvement Project shall be
Page 41
99-0126.txt
included in the budget for the planning- design. repair and
maintenance of works of art created pursuant to this article,
Sec, 409-4. Waiver of requirements.
The requirements of section 409-3 may be waived by
resolution of the Common Council when and if it a 12rqJect
covered thereunder is not appropriate for application of the
above requirements,
Sec. 409-5. Definition.
For the purpose of this article, "Capital Improvement Project"
means any capital project paid for wholly or in part by the
City of Buffalo to construct or remodel any building. decorate
or commemorative structure, park,. Plaza, bridge, sidewalk,
pedestrian, mall, parking facility or any portion thereof within
the limits of the City.
Sec, 409-6. Art in Public Places Committee,
For each Capital Improvement Project- there shall be
created an ad hoc Art in Public Places Committee. which
shall have the responsibility for the selection and placement
of works of art under this program for that Project, The
Committee shall consist of an odd number of Members no
less than five (5) and not more than eleven ( I)- appointed by
the Buffalo Arts Commission, which shall appoint the
Chairperson of the Committee. Each member shall be a
professional in the fields of art- architecture. art history or art
conservation and be knowledgeable & about public art, but
may not be a seller of, or work for, a seller of public art.
Sec. 409-7. Selection of works of art,
To carry out its responsibilities hereunder. the Committee
shall follow rules and reputations promulgated by the Buffalo
Arts Commission and approved by the Common Council
within six months of the effective date hereof,
Sec, 409--8 Placement of works of art
Works of art selected pursuant to the provisions of this
ordinance may be placed on or about any Capital
Improvement Project or other city owned. leased or rented
property. They may be attached or detached within or such
property. and may be either temporary or permanent, The
Committee shall authorize placement of works of art and the
city officers responsible for the design and construction of
such projects shall make appropriate space available for the
placement of works of art.
Sec, 409-9. Effective Date-
This ordinance shall become effective on March 1, 1999,
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
NOTE:Matter underlined is new
REFERRED TO THE COMMISSIONER ON LEGISLATION,
THE COMMISSIONER OF ADMINISTRATION & FINANCE,
THE COMMISSIONER OF PUBLIC WORKS,
COMMISSIONER OF HUMAN SERVICES PARKS AND
REGREATION AND THE BUFFALO ARTS COMMISSION
NO. 101
By: Mrs. LoTempio
Page 42
99-0126.txt
HOME RULE MESSAGE - S.5969; A.8667: SALE OF
BONDS AND NOTES BY CITY OF BUFFALO
Whereas: There has been introduced in the New York
State Legislature Senate Bill S.5969 and Assembly Bill
A.323, "An act to amend local finance law, in relation to the
sale of bonds and notes of the City of Buffalo"; and
Whereas: The purpose of this Bill is to extend for one year
a funding mechanism used by the city for projects requiring
immediate attention;and
Whereas: This Act amends Section 54.30 of the Local
Finance Law to extend the provisions of this section from
June 30, 1999 to June 30, 2000;
Now, Therefore, Be It Resolved:
That the City of Buffalo hereby requests the enactment into
law of Senate Bill S.596 and Assembly Bill A.323, "An Act to
amend local finance law, in relation to the sale of bonds and
notes of the City of Buffalo"; and
Be It Further Resolved:
That the City Clerk is hereby authorized and directed to
certify passage of this resolution and to send copies thereof
to the Home Rule Counsel of the Senate and the Assembly
and to the members of the Western New York delegation of
the State Legislature.
ADOPTED
NO. 102
By:Mrs. LoTempio
TRANSFER OF COWBOY
Whereas: An article that appeared in the Buffalo News on
Thursday, January 21, 1999 brought public attention to the
plight of"Cowboy" the lone police department horse; and
Whereas: "Cowboy" is a financial liability costing the city
$900 per month to house and care for him not to mention the
nearly $80,000 in expenses the city has incurred in
personnel and union grievance costs associated with trying
to establish a mounted unit; and
Whereas: The City of Buffalo wishes to end its financial
obligation for "Cowboy" while at the same time providing for
his well-being and assuring that he will be well cared for in a
most humane manner- and
Whereas: Section l0 of the Charter of the City of Buffalo
authorizes the transfer of city property that has no monetary
value by result of the Common Council;
Now Therefore Be It Resolved:
That this Common Council does hereby authorize the
transfer of ownership of Cowboy the police horse to Animal
Rights Advocates of Western New York who in turn will find
a good home for "Cowboy" so that he can live out his
remaining years in a comfortable and humane environment.
ADOPTED
NO. 103
By: Mr. Pitts
ORDINANCE AMENDMENT
CHAPTER 6 - BOARDS, COMMITTEES, AGENCIES AND
COMMISSIONS
The Common Council of the City of Buffalo does hereby
Page 43
99-0126.txt
ordain as follows:
That Article VII, Buffalo Pest Management Board, of Chapter
6 of the Code of the City of Buffalo be amended to read as
follows:
6-39. Declaration of policy.
A.The Common Council of the City of Buffalo finds and
declares that the environmentally sound management of
plant and animal species within the city is an integral part of
preserving human health and maintaining a vibrant and
healthy ecosystem in the city.
B.The Common Council also finds and declares that the
potential hazards involved in the use of [chemical] pest
control methods must be given the highest [priority] scrutiny
in light of the need to preserve the fragile ecosystem of this
city. Indeed, in order to so protect the heritage of our future
generations, it is the declared policy of this city to 12hase out
the use of pesticides that are toxic to nontarget organisms by
the City of Buffalo, to employ pest control strategies which
are the least hazardous to human health and the
environmental adopt pest management programs and
strategies which place first priority on the prevention of pest
problems and IQ use [chemical] pesticides that are toxic to
nontarget organisms [and chemical pest control as tools of
the last resort] only in emergencies as defined in 6-47.1 F.
C.Towards this end, wise planning and control of activities
which influence the ecological balance of the natural
resources and environment of this city and the natural and
functional beauty of its surroundings require broad-based
participation and cooperation of government entities, public
and private organizations and the people of the City of
Buffalo.
D.It is, therefore, in the best interest of the city that a Pest
Management Board be created with the responsibility of
developing pest management policies for the city. These
policies shall include decision-making processes that will
incorporate preventative pest management planning for all
City of Buffalo projects involving plantings, building and
remodeling designs, maintenance programs, etc. In
furtherance thereof, when pest management treatment
programs are undertaken, they must be:
(1) Least disruptive or nondisruptive of natural
controls.
(2) (2) Least disruptive or nondisruptive to human
health. (3) [Least toxic or n]Nontoxic to nontarget
organisms. (4) Least [damage] darnaging or
[nondamage] not damaging to the environment.
(5) Most likely to produce a permanent reduction
in the environment's ability to support the pest
infestation.
6-44. Objectives of the Board.
The objectives of the Buffalo Pest Management Board are:
A.To limit the use of [toxic] substances that are toxic to
nontarget organisms in pest control undertaken by the City
of Buffalo. or by contract or subcontract to the City of Buffalo
[to those instances where action is determined to be
necessary, and where no other avenue is open, with both
these factors determined through an open and rigorous
process].
B.To progressively [point] d4ritgI the city and its
departments toward [preventive and nontoxic means of
dealing with pests by preventive means and by means that
are not toxic nontarpet organisms.
Page 44
99-0126.txt
C.To aid in bringing the city's pest management practices to
such an environmentally benign level that Buffalo will
become a role model for its citizens and for other
municipalities.
6-45. Functions and powers.
A.To assist in carrying out the above-mentioned objectives,
the Buffalo Pest Management Board shall prepare and adopt
on or before September 1, 1999 a pest management plan for
use-by cilia departments, This 121an shall address l2est
population monitoring and- least-toxic pesticide = prior to
September I- 2001, and pest control strategies that are not
toxic to nontarget organisms for use after such date,
B.The Buffalo Pest Management Board shall review.
summarize and respond to the required emergency pesticide
waiver =orts from boards, commissions- departments.
employee contractors of the city or subcontractors of the city
as described under 6-47.1 F. IC- The Buffalo Pest
Management Board shall also be empowered to engage in,
but not limited to, the following activities:
(1) Identify all City of Buffalo programs, departments,
individuals, employees, contractors or subcontractors
directly or indirectly implementing pest management
methods or strategies by obtaining documents, including but
not limited to purchasing contracts, invoices, certification
applications, material safety data sheets, labels, accident
reports, incident reports or records, workers' grievances and
inventory storage sheets properly maintained by the city, its
programs, departments, employees, contractors or
subcontractors and any other documents required to be filed
by the federal government, State of New York or City of
Buffalo relative to pest management.
(2) With the specific goal of removing, modifying or replacing
any city programs or strategies which are not consonant and
consistent with the declaration of policy enunciated here
under, the Board shall evaluate and monitor all present pest
management programs utilized by, contracted for or
engaged in by any city department, including but not limited
to reviewing pesticide application records and requests for
pesticide purchases.
(3) Develop procedures and guidelines for decision-making
consistent with the declaration of policy referred to above.
(4) Develop programs for evaluating and monitoring pest
problems in the city.
(5) Develop guidelines for city staff and residents in handling
of typical pest problems; these guidelines to be reviewed
and updated periodically.
(6) Develop educational materials to increase public
awareness and understanding of the availability of safe
alternative methods of pest control and of the hazards
associated with the use of [chemical] pesticides that are
toxic to nontarget organisms.
(7) Offer assistance to citizens with pest or other related
problems.
(8) Work with and invite active citizen participation in
monitoring pest control programs.
(9) Consult with the various departments of the city which
are involved with, contract for or are engaged in pest
management programs and methods. (10) Submit
recommendations to the Environmental Management
Commission, city departments or the Council, as
appropriate.
Page 45
99-0126.txt
(11) Develop a mechanism for record keeping and
monitoring all pest management programs authorized by the
City of Buffalo or authorized by any board, commission,
department, employee, contractor or subcontractor of this
city.
(12) Develop and maintain an accessible, interactive
database for all city departments, employees, etc., relative to
integrated[, least toxic or nontoxic] pest management that is
not toxic to nontarget organisms.
(13) Develop, distribute and conduct outreach and
educational programs, including but not limited to developing
materials such as warning notices, pamphlets, brochures,
workshops, speaking engagements and any and all other
materials and programs deemed necessary and consistent
with the declaration of policy herein.
(14) Conduct or recommend studies, surveys or inventories
as are in accord with the general purposes of this Article and
to do so with appropriate coordination with existing or
prospective work of a similar nature performed by federal,
state, county, municipal or private agencies and
organizations.
(15) Cooperate with and assist such other governmental or
nongovernmental boards or organizations in the preparation
of plans or reports and in the review of proposal applications
related to pest management as the Mayor, Common Council
or Comptroller may direct. (16) Advertise, promote, prepare,
print and distribute information, including but not limited to
print and electronic media.
(17) Accept, by gift, grant, bequest or otherwise, money or
other personal property in the name of the City of Buffalo for
use in the furtherance of the provisions of this Article.
(18) Hold hearings for a specified purpose in accord with the
general purposes of this Article.
(19) Report findings related to pest management to the
Mayor, the Common Council, the Comptroller, public and
private agencies and organizations and interested citizens.
(20) Act as a resource on matters concerning pest
management issues upon the request of any city
department.
(21) Promote the consideration of and compliance with
existing laws, rules and regulations by the responsible
departments.
(22) Suggest, where warranted, that appropriate
governmental entities and/or city departments take legal
and/or enforcement action pursuant to their authority.
(23) Promote the development of a pesticide poisoning
educational center in consultation with hospitals or other
organizations.
(24) [Develop criteria for the selection of pesticides
consistent with the declaration of policy. The Board shall
take into consideration the following: availability of data on
the effects on human health and the environment; acute and
chronic toxicity; impacts to nontarget organisms persistence;
ability of the compound to bioaccumulate; the toxicity of inert
ingredients; leachability; volatilization; selectivity; and
potential for drift. The Board is not limited to the above
concerns. In drafting the criteria, the Board should consider
policies adopted by the United States, New York State and
Erie County, as well as international agreements such as the
Great Lakes Water Quality Agreement] Serve as a resource
to facilitate training in integrated pest management,
(25) Oversee the Sunset provisions of section 6-47.1 of this
Article.
Page 46
99-0126.txt
(26) Advocate for the hiring of the personnel necessary to
effectively cut pesticide use by the City and participate in the
oversight of those employees,
6-46. Procedures for pest management.
The Buffalo Pest Management Board shall establish a pest
management decision-making process for use by city
departments which includes the following components: A.
Strategies which emphasize prevention and which are the
least disruptive of natural systems shall be selected first.
These include such strategies as design and maintenance of
buildings, appropriate plants, good soil maintenance
practices, etc.
B.After monitoring and determining that there is a need for
pest management, nonchemical management techniques
shall be considered, including but not limited to the following
methods and techniques:
(1) Modification of land and botanical management
practices, including watering, mulching, fertilizing, waste
management, etc.
(2) Modification of pest ecosystems to reduce food and living
space.
(3) Use of physical controls such as handweeding, traps and
barriers.
(4) Use of biological controls. (Given the burgeoning field of
biotechnology, the Board shall develop criteria for the use of
biological controls consistent with the declaration of policy.)
C.Use of [chemical] pesticides that are toxic to nontarget
organisms should only occur as a last
resort- and after their class is sunsetted under this artic Lion
per section 6-47.1 will be required for their use,
D.All treatments should be monitored to evaluate
effectiveness. 6-47. Notice of pesticide use.
[A. The Buffalo Pest Management Board shall prepare
appropriate recommendations regarding the posting and
issuance of warning notices by the respective departments
of the city engaged in pest management practices to inform
city employees and the public of the following: (1) The date
of posting.
(2) The address, date, approximate time, pest to be
controlled, method of application and specific sites to be
treated.
(3) Any trade names of the pesticide.
(4) The acute and chronic toxicity of the pesticide, duration
of toxicity and appropriate warnings.
(5) The name and telephone number of the person
responsible for the application. (6) The phone number of the
poison control center.
(7) The name of the city department responsible for the pest
management procedures. B.] The Common Council
resolves that, in the best interest of public health and
courtesy to neighbors, since there are a variety of ways by
which individuals may involuntarily come in contact with
pesticides, city residents are encouraged to post notices of
intent to spray pesticides on their property forty-eight (48)
hours in advance. It is recommended that the notices
remain posted for forty-eight (48) hours after the pesticide
application and that warning notices be similar to those in
use by the various departments of the city engaged in pest
management.
[C. The Buffalo Pest Management Board shall prepare
recommendations of the place and time that such posting
and warnings are to occur with respect to city pest
management strategies and practices and will identify the
Page 47
99-0126.txt
methods of record keeping for verifying such postings.] 6-
47, 1. Municipal Pesticide Use Sunset
A For the purposes of this section- the following definitions
shall apply
Antimicrobial pesticide as defined by 7 U.S. C. 136(mm),
2. Pest means (1) any insect, rodent, fungus, weed or (2)
any other form of terrestrial or aquatic or animal life or virus-
bacteria- or other microorganisms(except viruses, bacteria or
other microorganisms on or in living man or other living
animals) which the commissioner of the New York State
Department of Environmental Conservation declares to be a
pest.
3 Pesticide means any substance or mixture of substances
intended for destroying- repelling- or mitigating any pest; and
any substance or mixture of substances intended for plant
regulator, defoliator or desiccant, It shall include all Pesticide
products registered as such by the United States
Environmental Protection Agency and the New York
Department of Environmental Con j all products for which
experimental use permits registrations have been granted by
the United States Environmental Protection Agency and the
New York State Department of Environmental Conservation,
B- Effective September 1, 1999 no City of buffalo board.
commission- department "employee- contractor of the city or
subcontractor of the city shall apply on City of Buffalo
property any pesticide classified as Toxicity Category I by
the United States Environmental Protection Agency, or any
pesticide classified as a known- likely- or probable human
carcinogen by the United States Environmental Protection
Arizona except as provided for in subsection E of this
section,
C_ Effective September 1,. 2000 no City of Buffalo board.
commission, department, employee- contractor of the city or
subcontractor of the city shall apply on City of Buffalo
property any pesticide classified as Toxic city Category 11
by the-United States Environmental Agency. any pesticide
classified as a possible human carcinogen by the United
States Environmental Protection Agency, or any pesticide
classified as restricted use by All United States
Environmental Protection Agency or the New York State
Department of Environmental Conservation. except as
provided in subsection E of this section.
D Effective September 1, 2001 no City of Buffalo board,
commission- department employee contractor of the city or
subcontractor of the city shall apply any Pesticide on City of
Buffalo property, except as provided in subsection E of this
section.
E.Notwithstanding any other provisions, this section shall
not apply to the following:
-I Pesticides otherwise lawfully used for the 12uEpose of
maintaining a safe drinking water supply at drinking water
treatment plants, wastewater treatment plants, reservoirs,
and related collection- and treatment facilities;
2-Antimicrobial pesticide,&
3.Pesticides in contained baits for the purposes of rodent or
insect control
4 Pesticides classified by the United States Environmental
Protection Agency as exempt Maltdals under 40 CFR
152.2,5-
5.Boric acid when used according to its label; and
6.Pesticides prescribed by a licensed veterinarian for the
control of parasites of wild. domestic or exotic animals,
F.Should a City of Buffalo board, commission- department,
Page 48
99-0126.txt
employee, contractor of the city or subcontractor of the citv
determine that an emergency warrants the use of pesticide!
that would otherwise not be allowed under this section, it
may apply for a single-use waiver from the Commissioner of
the department responsible for in question, The
Commissioner shall notify the Pest Management Board in
writing within 24 hours of the application for a waiver. L The
Commissioner shall determine if such a waiver is warranted
based on the followings, criteria
a. the pest situation poses an immediate threat to human
health or to valuable public resources* and
b, that viable alternatives consistent with this section do not
exist. (Such a determination should be made in consultation
with a locally recognized expert in integrated pest
management whose credentials are deemed satisfactory by
the Board or qualified City personnel. 2. As a condition of
approval. the Commissioner shall require a commitment
from the City of Buffalo board. commission- department,
employee, contractor of the city or subcontractor of the city
that made the application for waiver that the underlying
causes of the pest outbreak will be addressed in order to
prevent future outbrakE_3 When a pesticide prohibited by
this section is used under the authority of a waiver
Obtained from the Co - the entity engaged in emergency -
pesticide application is required to post the following
information at the site of application to inform city employee
and the public:
a. The date of posting,
b. The address, date, time approximate time, pest to be
controlled- method of application and specific sites
c. Any trade names of the pesticide,
d. The acute and chronic toxicity of the pesticide- duration of
toxicity and appropriate warnings
e. The name and telephone number of the person
responsible for the application.
f. The phone number of the poison control center,
g. The name of the city department responsible for the pest
management procedures. 4. As a condition of approval the
Co hall require a commitment from the City of Buffalo board-
co @12arttnent, employee- contractor of the city or
subcontractor of the city that made the application for waiver
to file a report with the Common Council and the Pest
Management Board detailing the reasons the waiver was
needed. the details of when and how the application was
made, and the steps to be taken to address the underlying
cause of the pest problem, This report must be filed with the
City Clerk within thirty (301) days of the pesticide use,
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Corporation Counsel
NOTE:Matter in brackets to be deleted; matter underlined is
new.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PUBLIC WORKS, COMMISSIONER
OF COMMUNITY DEVELOPMENT COMMISSIONER OF
HUMAN SERVICES PARKS, AND RECREATION AND THE
ENVIRONMENTAL MANAGEMENT COMMISSION
Page 49
99-0126.txt
NO. 104
BY: MR. PITTS
TRAILBLAZING SIGNAGE FOR CLINTON STREET AS
"REV. A.C. WARE BLVD."]
Whereas: Rev. A.C. Ware was the proud Pastor of the
Friendship Baptist Church, located at 402 Clinton Street in
the City of Buffalo, for twenty years; and
Whereas:Under his astounding leadership, the Friendship
Baptist Church completed a $250,000 renovation of the
sanctuary and lower auditorium; completed the $750,000
Edward D. McNeely Educational Building; and constructed a
$2-million 50-unit senior citizen and handicapped apartment
complex; and
Whereas: Rev. Ware was President of the Board of
Directors of Towne Garden and Elliott Community
Redevelopment Foundation, formally known as Towne
Garden Phase I & I 1; served on the Board of Directors of
Sheehan Memorial Hospital; moderator of the Western
District Baptist Association; and very active in community
affairs; and
Whereas: Rev. A.C. Ware was recently called to his
eternal rest. A request has been made to this Common
Council to approve the installation of trailblazing signs
honoring this highly respected individual for his leadership,
dedication, honesty, and hard work demonstrated throughout
his lifetime to his family, Church, and community;
Now, Therefore, Be It Resolved:
That this Common Council approves the installation of
trailblazing signs on Clinton Street between Jefferson and
Michigan Avenues honoring Rev. A.C. Ware; and
Be It Further Resolved:
That the Department of Public Works be requested to install
trailblazing signs that read "Rev. A.C. Ware Blvd." beneath
the existing street signs on Clinton Street between Jefferson
Avenue and Michigan Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 105
BY: MR. QUINTANA
RE: PAYMENT OF CERTAIN SMALL CLAIMS
Whereas, the Common Council, by Item No. 184, C.C.P.,
June 26, 1979, established. a specific procedure for
payment of claims of $100.00 or less and Claims under
Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any
amount- and
Whereas, the Common Council, by Item No. 104, C.C.P.,
April 29, 1997, established that all garbage can claims
arising out of the activities of the Department of Street
Sanitation that are related to refuse and recycling be paid
out of the Solid Waste & Recycling Enterprise Fund Budget
Account only if the claims took place after October 1, 1996;
and
Whereas, the subject claims are eligible for consideration
under the said procedures-, and
Whereas, the Department of Law has verified the validity
of the claims and recommend payment thereof,
Page 50
99-0126.txt
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make
payment of the following claims, and that said payment be
charged against the "Judgment and Claims Account" in the
Department of Law or be charged against the Solid Waste &
Recycling Enterprise Fund Budget Account:
1. Grace Campanella Claim for loss of garbage can at 452
Normal Avenue on 10-14-98 $ 12.00
2.Jackielee Dolan Claim for loss of garbage can at 376
Military Road on 8-4-98. $9.75
3.Dorothea M. Heussler Claim for loss of garbage can at 309
Beard Avenue on 7-28-98 $ 10.00
4.Sharon Hirsch Claim for loss of garbage can at 14 St.
Francis Place on 7-29-98. $ 12.00
5.Ephfron Hunter Claim for reimbursement for repairs made
on a 1989 Chevrolet purchased at auction. The vehicle had
to be returned to the City by the claimant because the
vehicle was suppose to be held as evidence. $ 85.00
6.Willard Lehner Claim for loss of metal bushel basket
garbage can at 135 Theodore on 8-10-98. $6.50
7.Light's Towing Service Claim for payment of prior fiscal
year Invoice #0676 for services rendered to the Police
Department $ 65.00
8.Raymond McDonald Claim for reimbursement of a
duplicate payment made for the water bill for 39 Belmont
Street. The check was deposited in the wrong account. $
66.90
9.Omar S. Moye Claim for locksmith charges as a result of
claimant's keys being stolen from the Tonawanda Impound
Garage. $ 75.00
10. Frank A. Oddo Claim for loss of garbage can at 389
Jersey Street on 9-15-98. $ 8.25
11.Michael P. Sabo Claim for loss of garbage can at 96
Central Avenue on 8-7-98. $12.96
12. Kevin Webster Claim for tire damaged due to metal
protruding from curb at 24 Harding Road. The curb was
previously reported to the City Clerk's Office as a hazardous
condition. $73.39
Investigation by the Department of Law reveals that the
above claims are valid and payment is hereby
recommended.
PASSED
AYES - 12 NOES - 0
NO. 106
By:Robert Quintana
SET PUBLIC HEARING
CONNECTICUT STREET
URBAN RENEWAL PI AN
APPROVAL - CONTRACT FOR SALE OF LAND
JEHOVAH'S WITNESSES
WHEREAS, the City of Buffalo Urban Renewal Agency
has negotiateda Contract for Sale of Land with Waterfront
Associates.
WHEREAS, the terms of said Contract for Sale of Land
has been negotiated by the Buffalo Urban Renewal Agency
and has been forwarded to your Honorable Body for
consideration.
NOW, THEREFORE, BE IT RESOLVED:
1.That the City Clerk is hereby directed to publish the notice
Page 51
99-0126.txt
attached hereto and marked "Notice of Hearing" in the
Buffalo News, no later than the 29th day of January 1999.
2. That this Common Council will conduct a Public Hearing
on the matter stated in said "Notice of Hearing" at 2:00 P.M.
in the Council Chambers on the 9th of February, 1999.
ADOPTED
NO. 107
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 Rt. Reverend David C. Bowman
By Councilmember James Pitts
Felicitation for Paul Thompson
By Councilmember Pitts
Felicitation for Catholic School weeks
By Councilmember Pitts
ADOPTED.
NO. 108
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:
DANIEL F. BAILEY
KATIILEE L. BOREMAN
LEORA DAVIDSON
SUSAN E. DAVIDSON
ALYCE D. CUDDY
DAVID GENCO
ROBERT KREUTINGER
BRENDA L. LAWLESS
ROBERT J. LICHTE NTHAL,JR.
KIMBERLY A. LOCURTO
ALFRED MELCHIORRE
GRACE SALAMONE
JULIEANNE SANDS
GRACE CAMPANELLA
ADA L. DEAN
PAMELA A. NIX-DEANS MONIKE S. BLINZLER RENATO
R. GUY
ADOPTED
NO. 109
BY: MR. ZUCHLEWSKI '
APPOINTMENTS
COMMISSIONER OF DEEDS '
REQUIRED-:-PERFORNIANCE 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
Page 52
99-0126.txt
City Clerk:
JAMES P. COTTER
PETER M.CZOMBEL,JR.
DAVID HYREY
REGINALD M.HOCKING
GLENDA LAKE
MARY MACKEY
JOSEPH L.MACEEJEWSKI
MARY A.NAGEL
AUDREY NUWER
MARIA B.PRYNDOTA
KATHLEEN M. SMITH
MARGARET A. STARZYNSKI
JOAN WILSON
MICHAEL J.BYRON
DEBORAH L.BURGSTAHLER
KATHLEEN J. YEATES
LUM SMITH -
KATHLEEN FITZPATRICK
NANCY SMITH
ZORAIDA MATOS
MATTHEW L. BROWN
COLLEEN BOHEN
GAIL LIS
WALTER R. CLARK, JR.
LUKE CYBULSKI
DENNIS M. DIXON
MARGARET C. KEANE
EDWIN ORTA
KEN R. SKINNER
MARK STEWARD
DAVID GANNON
TRACY A. HEALY
LINDA KELLY
STEVEN C. MISKA
MARY R. O'SHEI
CANIE GENOVESE
GERALDINE M. KACZMARZ
PATRICIA K. KIBBY
KAREN A. KOSMOWSKI
CARMEN E. MOSES
JOSEPH A. LOTEMPIO
KATHLEEN MARCIANO
MARLENE L. SMITH
PAMELA K. ASARESE
DIANE M. BOYCE
GEORCE J. COTRONEO
DONNA ESTRICH
CHARLES A. LEONE
KIM M. DUKE
THERESA FARRELL
PATRICIA A. PELOW
LAWRENCE A. TYLER
PHYLLIS A.WHITE
SUSAN C. LOVALLO
MARGARET M. OTTO
LINDA L. SCOTT
ADOPTED
UNFINISHED BUSINESS
NO. 110
Page 53
99-0126.txt
BOND RES. -$2,500,000-MAIN-TUPPER POLICE
PRECINCT (RES. #85-C.C.P., JAN. 12, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Coppola
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Quintana
PASSED.
AYES BROWN, COPPOLA, FONTANA, GRAY,
LOTEMPIO, MANLEY, QUINTANA, WILLIAMS,
ZUCHLEWSKI - 9 NOES HELFER, FRANCZYK, PITTS - 3
NO. 111
BOND RES. -$300,000-SENECA-BABCOCK COMM. CTR.
(RES. #86-C.C.P., JAN. 12, 1999)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Coppola
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by
PASSED.
AYES - 12 NOES - 0
NO. 112
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, l3th floor,
City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, February 2,
1999 at 9:30 o'clock A.M.
Committee on Finance Tuesday, February 2,
1999 following Civil Service
Committee on Legislation Tuesday, February, 2,
1999 at 2:00 o'clock P.M.
Committee on Community Development Wednesday,
February 3, 1999 at 10:00 o'clock A.M.
Committee on Education Yet to be determined.
Ancillary Meetines
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday, January 27, 1999 at 2: 00
o'clock P.M. in Room 1417 City Hall.
Special Committee on A. Philip Randolph will be meeting on
Thursday, February 10, 1999, in Room 1417 City Hall.
Gretchen A. Pound
Council Reporter
NO. 113
Page 54
99-0126.txt
ADJOURNMENT
On a motion by Mrs. LoTempio, Secondedby-Ms. Gray the
Council Adjourned at 3:20 pm
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #1
Council President's Office - 1315 City Hall
January 28,1999 at 12:00 Noon
Present:James W. Pitts, Council President and Joel A.
Giambra, Comptroller-13
Absent:Anthony M. Masiello-1
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payrol-l for the Fire
Pension Fund for the month of January 1999 amounting to
$22,713.43, and respectfully request that checks be drawn
to the or-der of the persons named herein for the amounts
stated.
ADOPTED
AYES 2 NOES 0
NO 2
The following annuitants were cancelled from the Fire
Pension Payroll:
Evelyn S. Bush Died 12/11/98
Received and Filed.
NO. 3
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of January 1999 amounting to
$25,312.00, and respectfully request that checks tie drawn to
the order of the persons named herein for the amounts
stated.
ADOPTED
Ayes-2. Noes-0.
NO. 4
The following annuitants were cancelled from the Police
Pension Fund Payroll:
Marie A. Schultz Died
11/10198
Received and Filed.
NO. 5
On motion by Mr. Giambra, the CiW of Buffalo Police and
Fire Pension Board Meeting adjourned at 12:40 a.m.
Page 55