HomeMy WebLinkAbout99-0112
99-0112.txt
No.(1)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(January 12, 1999)
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
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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 12, 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 - Kavanaugh - 1
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
(INSERT DATE) were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT OF CONFIDENTIAL AIDE TO THE
MAYOR
(DIRECTOR OF COMMUNICATIONS)
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Pursuant to the powers vested in me, I hereby appoint Mr.
Peter K. Cutler, residing at 97 Linden Avenue, Buffalo, NY
14214, to the position of Confidential Aide to the Mayor
(Director of Communications), effective December 28, 1998
at a salary of $57,000.
Mr. Cutler has an extensive background in public
communications, including public relations and governmental
affairs. He was Director of Public Affairs for the Albany
County Airport Authority from 1995 until earlier this month.
He was the Chief Spokesman for the Authority's $200-million
Airport Development Project, which included the recently
completed $72-million new terminal facility for the Albany
International Airport.
Mr. Cutler served in a similar capacity for the New York
State Dormitory Authority and was on the staff of former
Governor Mario M. Cuomo for four years.
I hereby certify that Mr. Peter K. Cutler is fully qualified to
serve as Confidential Aide to the Mayor (Director of
Communications).
RECEIVED AND FILED
NO. 2
APPOINTMENT OF MEMBERS TO THE CHARTER
REVISION COMMISSION
Pursuant to Section 36(4) of the Municipal Home Law, I
am hereby appointing Thomas F. Higgins, residing at 187
Cumberland Avenue, Buffalo, New York 14220 to the
Charter Revision Commission. Mr. Higgins appointment is
effective immediately and fills a vacancy created due to the
resignation of Sister Barbara Ciarico, RSM.
The former Sheriff of Erie County, Mr. Higgins possesses
a wealth of personal and governmental experience that will
be invaluable to the Charter Revision Commission. He is
extremely qualified to sit on this panel, and I am certain that
he will do a great job for the citizens of the City of Buffalo.
I hereby certify that the above named individual is fully
qualified to serve as member of the Charter Revision
Commission.
RECEIVED AND FILED
NO. 3
APPOINTMENTS TO THE CITIZENS' ADVISORY
COMMITTEE ON COMMUNITY IMPROVEMENTS
Pursuant to the powers vested in me by Article II, section
6-5 of the Code of the City of Buffalo, I hereby appoint the
below listed persons as members of the Citizens' Advisory
Committee on Community Improvement.
Existing Appointments................
Expiration of Term
Juanita Anderson 6F Jasper Parrish Bflo, NY 14207
6/30/00
Louise Bonner 128 Durham Avenue Buffalo, NY 14215
6/30/00
Brenda McDuffie 196 Highgate Avenue Buffalo, NY 14215
6/30/01
Russell Pawlak 1290 Delaware Avenue Buffalo, NY 14209
6/30/00
Ellen Reese 49 Starin Avenue Buffalo, NY 14214
6/30/01
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Marion Slaughter 354 Guilford Street Buffalo, NY 14211
6/30/00
Darren Strickland 87 Monticello Place Buffalo, NY 14214
6/30/00
Paul Zarembka 151 Fordham Drive Buffalo, NY 14216
6/30/00
Reappointment:
Kenneth Friedman 69 St. James Place Buffalo, NY 14216
6/30/02
Hallie Howell 24 Arlington Place Buffalo, NY 14222
6/30/02
Appointments: (Filling an Unexpired Term)
Schuyler Banks 240 Lemon Street Buffalo, NY 14204
6/30/00
Gary Carrel 167 Parkside Avenue Buffalo, NY 14214
6/13/00
Hillary Clarke 485 Breckenridge Avenue Buffalo, NY 14213
6/30/00
Barbara Drenning 124 Middlesex Road Buffalo, NY 14216
6/30/01
Kenneth Turner 296 Linden Avenue Buffalo, NY 14216
6/30/00
Daniel Workman Jr. 100 Shirley Avenue Buffalo, NY 14215
6/30/00
New Appointments
David Hahn-Baker 44 Lincoln Parkway Buffalo, NY 14216
6/30/01
Catherine Schweitzer 24 Middlesex Road Buffalo, NY 14216
6/30/01
Trina Tardone 36 Norwood Avenue Buffalo, NY 14222
6/30/00
Antoine Thompson 34 Pansy Place Buffalo, NY 14208
6/30/02
I hereby certify that the above listed persons are fully
qualified to serve as members of the Citizens' Advisory
Committee on Community Improvements.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 4
A. MANCUSO
2249 ELMWOOD AVE.
POLE "ID" SIGN
ITEM NO. 81, C.C.P. 12/29/98
he City Planning Board at its regular meeting held
Tuesday, January 5, 1999, considered the matter captioned
above pursuant to Section 387-19 of the Buffalo Code,
Application for ground sign, pole sign or billboard sign.
The applicant seeks to erect an illuminated 6'10'18' Pole
"ID" sign at 2249 Elmwood Ave. Under SEQR the proposed
pole sign is considered an unlisted action which may be
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studied through uncoordinated review.
The Planning Board voted to approve the proposed pole
sign.
RECEIVED AND FILED
NO. 5
S. LIAROS
640 FOURTH ST., REZONING
ITEM NO. 80, C.C.P. 12/15/98
The City Planning Board at its regular meeting held
Tuesday, January 5, 1999, considered the matter captioned
above pursuant to Section 511-126 of the Buffalo Code,
Procedures for changes and amendments.
The applicant seeks to rezone 640 Fourth St. from "R3" to
"C1". Under SEQR the proposed rezoning is considered an
unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed
rezoning with the condition that the Common Council
consider rezoning remaining abutting parcels to the have
uniform zoning.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
NO. 6
APPROVAL TO UTILIZE CHECK IMAGING IN LIEU OF
CANCELLED CHECKS
We respectfully request approval by Your Honorable Body
of the resolution included herewith to enable the City of
Buffalo Accounting Division to accept and make available
cancelled check images in lieu of keeping and maintaining
the original cancelled check paper document as follow:
1. The City may adopt a check imaging resolution (see
paragraph 6) pursuant to General Municipal Law, Chapter,
24, Article 5, Section 99-b, paragraph 2:
Whenever, pursuant to law, a local government, as defined
in section ten of this chapter, or any of its officers or
employees, is required to receive, retain and/or produce for
examination or audit a cancelled check or checks drawn on
an account of the local government, the local government,
officer or employee may, if so authorized by the governing
body of the local government, receive, retain and/or produce
proper alternative documentation in the form of check
images supplied by the payor bank or trust company in lieu
of cancelled checks drawn on the accounts of the local
government. Such check images shall show both sides of
each check and shall be considered the equivalent of
original cancelled checks for purposes of record keeping and
auditing requirements.
2. The banking industry and the City currently have the
technology to produce and maintain cancelled check
imaging.
3. The City will realize a substantial cost and manpower
savings by eliminating the need to purchase cancelled check
storage boxes, the manual task of sorting and filing paper
cancelled checks, and storing the paper cancelled checks in
the City's record storage area for six years from issue in
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accordance with the rules promulgated by the New York
State Archives Bureau. Based on passage of the
accompanying resolution, cancelled checks will be stored as
images on "CD Rom disks". Our preliminary testing of check
images on CD Rom disk has revealed that a typical month's
worth of cancelled checks, approximately 30,000 to 35,000
paper documents, requires seven to eight storage boxes,
and is replaced with approximately three to four 6" CD Rom
disks.
4. We are including for your review (See Enclosure) a
photocopy of an original paper cancelled check and the
same cancelled check produced as a check image. We trust
you will concur with the quality of the imaging technology.
5. Members of Your Honorable Body or staff may see a
demonstration of cancelled check imaging by contacting
James S. Pajak, the City Accountant, at 851-5272.
6. Therefore, we respectfully request immediate passage
of the following resolution:
That this Honorable Body hereby authorizes the City of
Buffalo Accounting Division to utilize check images produced
by the payor bank and/or trust company in lieu of returning
the original paper cancelled check document, where such
check images shall show both sides of each cancelled check
and shall be considered the equivalent of the original
cancelled check for purposes of record keeping and auditing
requirements.
Mrs. LoTempio moved:
That the above communication from the Division of
Accounting dated January 8, 1999, be received and filed;
and
That the Comptroller and Accounting Division, be, and
they hereby are authorized to utilize check images produce
by the payor bank and/or trust company in lieu of returning
the original paper canceled check document, where such
check images shall show both sides of each canceled check
and shall be considered the equivalent of the original
canceled check for purposes of record keeping and auditing
requirements.
Passed.
AYES-12, NOES-0
NO. 7
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
FRINGE BENEFITS
MAYOR & EXECUTIVE
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $10,000 be
transferred and reappropriated from Fringe Benefits, as set
forth below:
The amount to be transferred represents the unexpended
balance of an item contained in the budget for the current
fiscal year and will not be needed at this time for the purpose
for which it was appropriated.
From:
81-3-000 Fringe Benefits 151 NYS Police & Fire Retirement
System $10,000
TOTAL $10,000
To:
03-0-001 Mayor & Executive 580 Non-Professional Personal
Services $10,000
TOTAL $10,000
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Dated: Buffalo, NY, December 30, 1998
RECEIVED AND FILED
NO. 8
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
GENERAL FUND - DEPARTMENTAL REVENUE
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF HOUSING & INSPECTIONS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $25,000 in the
estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Department of
Community Development, Division of Housing & Inspections
to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from 100-71
3-404-81118 - Division of Housing & Inspections -Federal
Revenue - Community Development Block Grant not
otherwise appropriated for any other purpose. The detail of
the requirements are set forth below:
To:
100 General Fund
71 - Department of Community Development
3 - Division of Housing & Inspections
011 - Housing & Enforcement
110 - Salaries - Regular $25,000
Dated:Buffalo, NY, December 30,19
RECEIVED AND FILED
NO. 9
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $50,000 be
transferred and reappropriated from the Division of Budget
and Management, as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
00I - Planning for Capital Projects $50,000
To:
203 Capital Project Fund
401 - Division of Engineering
002 - Niagara Falls Boulevard Reconstruction & University
Heights Pedestrian
Crossing (hire Clough Harbor for design phase) $50,000
Dated:Buffalo, NY, December 21, 1998
RECEIVED AND FILED
NO. 10
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
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Charter, that it is necessary that the sum of $6,000 be
transferred and reappropriated within the Department of Fire,
as set forth below:
From:
21-0 Department of Fire
085 - Capital Outlays
960 - Special Structures & Fixed Equipment $6,000
To:
21-0 Department of Fire
085 - Capital Outlays
982 - Operating Equipment $6,000
Dated:Buffalo, NY, December 21, 1998
RECEIVED AND FILED
NO. 11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMUNITY DEVELOPMENT - BOND FUNDS
PUBLIC WORKS - BOND FUNDS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sums of $247,000 and
$1,300,000 be transferred and reappropriated from the
Department of Community Development - Capital Projects
Fund, as set forth below:
The amounts to be transferred represent unexpended
balances of items contained in the budget for the current
fiscal year and will not be needed at this time for the purpose
for which they were appropriated.
From:
203 Capital Projects Fund
717 - Department of Community Development
002 - Jefferson Ave. Property Acquisition & Site
Improvements $247,000
005 - Apollo Theater Reconstruction $1,300,000
To:
203 Capital Projects Fund
402 - Division of Buildings
505 - Jefferson Ave. Property Acquisition & Site
Improvements $247,000
505 - Apollo Theater Reconstruction $1,300,000
Dated:Buffalo, NY January 11, 1999
RECEIVED AND FILED
NO. 12
INTERFUND LOAN
Over the last six years, the City has provided interfund
loans from the City General Fund to The City, Board and
Enterprise Capital Projects Funds to implement financing of
the Capital Improvements Budget. The interfund loans are
repaid when the Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance a
project and we will not reenter the bond market at this time.
We are requesting that you approve interfund cash loan
from the General Fund to the City's Capital Projects Fund in
the amount of $85,000 for Improvements Zoo Facilities. The
loan will be repaid when Bond Anticipation Notes or Bonds
are issued.
From To Account Repayment Date
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Total
100 200
General Capital 203-402-022 BAN/Bond Sale
$85,000
Projects
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
January 5, 1999, be received and filed; and
That the Comptroller be, and he hereby is authorized to
make an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $85,000, for
Improvements Zoo Facilities. The loan will be repaid when
Bond Anticipation Notes or Bonds are issued.
Passed
AYES-12, NOES-0
NO. 13
RESPONSE REGARDING CAPITAL BUDGET
The following is an analysis of the capital budget over the
last four (4) years for both the debt service budget and the
capital improvement budget. As you can see the debt
service budget has increased by approximately $4 mil per
year. The capital improvement budget has almost doubled
over the last four budget years.
The City is preparing to issue general obligation bonds in
the amount of $73,983,916 in February 1999. The increase
in debt service for the 1999-00 fiscal year will increase by
about $4.5 mil over 1998-99. The City will have $41.4 mil in
authorized unissued debt remaining after the February 1999
with another $34 mil to be authorized by the end of the 1998-
99 fiscal year which will bring the authorized unissued to
$75.4.
Currently the interest rates in the bond market are very
favorable. However, as the rates change and the trend to
increase the Capital Improvement Budget continue, the Debt
Service Budget will increase at an even greater amount than
the current $4mil to $4.5 mil. increase.
Debt Service Budget: Capital Improvements Budget:
Fiscal Year Principal & Interest Original Budget
Amendments Total
1995-96 38,028,065.53 31,012,000.00
11,964,785.00 42,976,785.00
1996-97 37,871,146.28 45,760,000.00
4,250,000.00 50,010,000.00
1997-98 41,471,778.79 63,871,000.00
4,397,916.00 68,268,916.00
1998-99 44,419,278.16 75,464,000.00
13,845,260.00 89,309,260.00
A COPY OF ATTACHMENT IS FILED IN THE CITY
CLERKS OFFICE WHICH IS A TABLE OF UNISSUED
DEBT
REFERRED TO THE COMMITTEE ON BUDGET
NO. 14
CERTIFICATE OF APPOINTMENT
Appointment Effective: in the Department of Division of to
the Position of December 28, 1998, Audit and Control Data
Processing, System Analyst, Temporary, APPOINTMENT, at
the Fourth Step Starting Salary of: $40, 675
Kenneth Barnes, 29 Frankfort, Buffalo, NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
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FROM THE COUNCIL PRESIDENT
NO. 15
APPOINTMENTS TO BOARD OF ASSESSMENT REVIEW
#139, C.C.P. 12/15/98
I would like to appoint the following individuals to the
Board of Assessment: Temporary Board Members along
with their first date of service are:
Robert Zielinski January 1993
William Maggio January1997
Keith Barnes January 1998
The Permanent Board Members with current terms are as
follows:
Edward Hernadon 10/01/98 9/30/03
Kevin Hannon 10/01/97 9/30/99 (Filled unexpired term
of Dennis Dargavel)
Henry Osinski 10/01/96 9/30/01
Ruthetta Smikle 10/01/97 9/30/02
Coralia Hetzner 67 Lancaster Avenue, Buffalo, NY 14222
submitted by the Council for appointment, would be filling the
unexpired term of Camille Gaiter who has resigned. Ms.
Gaiter's term runs until 9/30/00.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 16
NOTIFICATION SERIAL # 9104
REPEAL ALTERNATE PARKING - TYPE II HARTWELL
ROAD BETWEEN VIRGIL AVENUE AND DELAWARE
AVENUE
NO PARKING (ALTERNATE - TYPE II) - 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 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO PARKING
PROHIBITED PORTION OF HWY PROHIBITED
PERIOD Hartwell
Road, north side 9:00 a.m.-4:00 p.m.
between Virgil Avenue Thursday, Friday
and Delaware Avenue
Hartwell Road, south side 9:00 a.m. - 4:00 p.m.
between Virgil Avenue Monday,Tuesday, and
Delaware AvenueWednesday
This action is being taken at the request of the residents of
Hartwell Road.
NOTIFICATION SERIAL # 9105
INSTALL ALTERNATE PARKING - TYPE I HARTWELL
ROAD BETWEEN VIRGIL AVENUE AND DELAWARE
AVENUE
NO PARKING (ALTERNATE - TYPE 1) - 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
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days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
PROHIBITED PORTION OF HWY PROHIBITED
` PERIOD
Hartwell Road, north side 4:00p.m.
Between Virgil Ave and DelawareWednesday to
4:00p.m. Sunday
Hartwell Road, south side 4:00 p.m. Sunday
between Virgil Avenue and to 4:00 pm Wed.
Delaware Avenue
This action is being taken at the request of the residents of
Hartwell Road.
RECEIVED AND FILED
NO. 17
REPORT OF BIDS
ROOF RECONSTRUCTION
GORILLA HOUSE
BUFFALO ZOOLOGICAL GARDENS
I advertised for on December 8, 1998 and received the
following sealed formal proposals for the Roof
Reconstruction, Gorilla House, Buffalo Zoological Gardens,
which were publicly opened and read on December 22,
1998.
Base Bid Alt. #1 Alt. #3
All Weather Contractors $64,313 $6,944 $12,000
Weaver Metal & Roofing $75,150 $1,800 $11,500
North Boston Constr. $87,878 9,264 $11,230
McGonigle & Hilger $92,470 $1,500 $10,399
Jameson Roofing $97,242 $8,851 $10,500
Jos. A. Sanders & Sons $97,553 $7,672 $12,494
Alternate #1 is to install new copper parapet caps. Alternate
#3 is for rehabilitation of the skylight.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that All Weather
Contractors, with a Base Bid of $64,313, add Alternate #1 for
$6,944, add Alternate #3 for $12,00, for a total amount of
Eighty Three Thousand Two Hundred Fifty Seven and
00/100 ($83,257.00), is the lowest responsible bidder in
accordance with the plans and specifications
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds are available in the appropriate
account for the 1998/99 Capital Budget.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated December 24, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Roof Reconstruction,
Gorilla House, Buffalo Zoological Gardens, to All Weather
Contractors, the lowest responsible bidder, with the Base Bid
of $64,313, add Alternate #1 for $6,944, add Alternate #3 for
$12,000, for a total amount of $83,257.00. Funds for the
project are available in the appropriate account for the
1998/99 Capital Budget.
PASSED
AYES - 12 NOES - 0
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NO. 18
REPORT OF BIDS
TRAFFIC SIGNAL IMPROVEMENTS
FRANKLINALINWOOD
SIGNAL SYSTEM
This is to advise Your Honorable Body that I have
advertised and received bids on September 9, 1998 for
Traffic Signal Improvements - FranklinALinwood Signal
System. I have asked for bids on a unit price basis covering
the various items of material and work that will be performed.
The final cost of the work will be based on the actual
measured quantities of materials entering into the work and
may either be more or less than the total bid.
The following bids were received:
1. Omer Construction Co., Inc. $ 543,313.00*
2. Ferguson Electric Construction Co. $ 636,600.00*
*Corrected Total
I hereby certify that the lowest responsible bidder for this
project is Omer Construction Co., Inc. I respectfully request
that Your Honorable Body order the work, the cost thereof to
be charged to Capital Projects Funds #200-401-027-00-000
and #202-401-00100-000 in an amount of $543,313.00 plus
approved unit prices for an additional amount of $54,33 1.00,
for a total encumbrance of $597,644.00. The engineer's
estimate for this work is $600,180.00.
The attached is certified to be a true and correct statement
of the bid received. The bid submission is available in our
office for inspection and copies are available upon request.
This project is part of the Federally funded Congestion
Nfitigation/Air Quality (CMAQ) program and is 80%
reimbursable.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated January 7, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for Traffic Signal
Improvements - Franklin/Linwood Signal System, to Omer
Construction Co., Inc., the lowest responsible bidder, in the
amount of $543,313.00 plus approved unit prices for an
additional amount of $54,33 1.00, for a total encumbrance of
$597,644.00. Funds for the project are to be charged to
Capital Projects Funds #200-401-027-00-000 and #202-401-
001-00-000.
PASSED
AYES - 12 NOES - 0
NO. 19
CONRAIL/CITY AGREEMENT
RECONSTRUCTION MICHIGAN AVENUE BRIDGE
OVER EXCHANGE STREET AND CONRAIL
BIN #2260610 PIN-5754.55
I hereby request permission from Your Honorable Body for
the Commissioner of Public Works to enter into all
Agreements and pay all fees required by Conrail for the
necessary work associated with planning, design, and
construction of the Michigan Avenue Bridge over Exchange
Street and Conrail. Funds for this work are available in our
Capital Projects Account #203-401-501 -00-000.
Mrs. LoTempio moved:
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That the above communication from the Commissioner of
Public Works dated January 7, 1999, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to enter into all Agreements and pay all fees
required by Conrail for the necessary work associated with
planning, design, and construction of the Michigan Avenue
Bridge over Exchange Street and Conrail. Funds for the
project are available in Capital Projects Account #203-401-
501-00-000.
PASSED
AYES - 12 NOES - 0
NO. 20
EQUIPMENT TRADE-IN.
I HEREBY REQUEST PERMISSION OF YOUR
HONORABLE BODY TO ALLOW THE COMMISSIONER
OF PUBLIC WORKS TO TRADE-IN A FORKLIFT THAT
THE PUBLIC WORKS DEPARTMENT CURRENTLY HAS
IN ITS INVENTORY. THE DESCRIPTION IS AS
FOLLOWS:
E-055 1981 Yale Forklift, Plate: B60528, VIN. P318032
This forklift is not in operating condition and it would not be
cost effective to have it repaired. This trade is necessary to
off-set the cost of repairs to another forklift (Approx.
$1,000.00) which this Department wishes to have repaired
and keep.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated December 21, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to trade-in a forklift, E-055 1981 Yale Forklift,
Plate: B60528, VIN. P318032 to off-set the cost of repairs to
another forklift.
PASSED
AYES - 12 NOES - 0
NO. 21
L. JENKINS - COMPLAINT BENNETT VILLAGE
TERRACE
ITEM NO. 87, C.C.P. 10/6/98
This is in response to the subject item which was referred
to our department for comments. Upon investigating this
matter it was revealed that Bennett Village Terrace is not a
city owned street. It was constructed by a private developer
as part of the housing complex and is therefore not under
our jurisdiction. Based on this information city funds cannot
be expended for paving or lighting as requested. Further
documentation should be provided as to the use of the
service road by city vehicles and the damage caused.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 22
PERMISSION TO HIRE CONSULTANT
DESIGN OF WPA/UNIMPROVED STREETS CITY WIDE
Permission is requested from your Honorable Body to hire
an engineering consultant for design and inspection Of
WPA/Unimproved Streets in the City of Buffalo.
WpA/Unimproved Streets are those which were originally
constructed in the 1940's and 1950's without proper
Page 13
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drainage, base and curbs.
It is our intention to spend $1 Million Dollars in CHIPS
Funding from New York State to reconstruct approximately
ten (1 0) residential streets, city wide, based on pavement
condition rankings performed by engineering staff. Design
and inspection costs are not expected to exceed $150,000
and funds are available in our Capital Project Account #200-
401-564.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 23
CERTIFICATE OF APPOINTMENT
Appointment Effective December 29, 1998
In the Department of Public Works Division of Engineering to
the Position of Electrician, Temporary Appointment at the
Maximum Starting Salary of $28,425
Eddie L. Williams, 13 Girard Place, Buffalo 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 24
CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00108575 97-CV-00029-E 20,969.37
8155-00108935 97-CV-0386-E 232.09
8155-00108973 96-CR-00128-E 136.32
8155-00108883 96-CR-0050-A 4,477.68
TOTAL DEPOSIT 25,815.46
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration. (DEA).
The checks were received by this Department and duly
deposited in the Trust & Agency Account, #610-200-217-00-
000.
RECEIVED AND FILED
NO. 25
REQUEST TO DISPOSE OF PROPERTY
The Buffalo Police Department is requesting Council
permission to dispose of Departmental property, namely a
horse currently assigned to the Traffic Division.
The horse "Cowboy" has been assigned to the Department
since 1995 and it is our evaluation that the cost, both in
upkeep and personnel working with this animal, far exceed
the benefit derived.
Once Council permission to dispose of the horse is obtained,
it is the Departments intention to donate this animal and
riding leather to the Buffalo Therapeutic Riding Center at 950
Amherst Street, Buffalo NY 14216. In addition to the fine
work performed by the Buffalo Therapeutic Riding Center,
they have in the past provided boarding for this animal.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
FROM THE CORPORATION COUNSEL
NO. 26
INCREASE MINORITY PARTICIPATION GOALS
ON CITY CAPITAL BOND PROJECTS
ITEM NO. 135, C.C.P., 12/15/98
You requested a response from the Law Department to
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investigate the legal issues involving establishing minority
participation goals for Minority Business Enterprises ("MBE")
and Women Business Enterprises ("WBE") on City capital
bond projects as well as enactment of minority and women
employment goals in such projects. Similar goals already
exist for state and federally funded projects, although at
different percentages than those proposed in the above-cited
item.
Such goals may be subject to challenge by potential
contractors under several grounds. A minority or women's
participation goals program would be an exception from the
public bidding laws seeking the lowest responsible bidder,
Gen. Mun. Law 103(l). Such an exception is recognized
for state agencies, Exec. Law 3 10(l1) (defining "state
agency"), 313 (MBE and WBE opportunities in state
contracts), but it is not clear that a similar exception exists
for municipal corporations expending only their funds and
not expending state or federal monies conditioned upon
participation goals being established.
The classifications established for any minority participation
goals also could be tested under the Equal Protection
Clause of the Fourteenth Amendment to the United States
Constitution, reviewed under a strict scrutiny standard.
Gender-based classification for women participation
programs must meet an intermediate standard of review
under the Equal Protection Clause and the classification
must be substantially related to an important government
objective. These classification-based goals may violate
equal protection rights if not compellingly justified (for
example, eradicate past governmental discrimination in
contracting practices) and narrowly tailored to that
justification. The United States Supreme Court, in City of
Richmond v. JA. Croson Co., 488 U.S. 469 (1989), held that
Richmond's minority business set aside of 30% of value of
subcontracts was subject to strict scrutiny under the Equal
Protection Clause. The Court held that, in order to justify
such a program, the city needed to demonstrate a
compelling governmental interest to justify the plan, a factual
predicate to support the plan, and that the plan was narrowly
tailored to remedy the effects of past discrimination. The
Court rejected a generalized assertions of past
discrimination in the construction industry in Virginia or
nationally as justification for the plan, as well as reliance on
the disparity between the number of minority businesses and
the city's minority population. The Court later reinforced this
decision by applying its rationale to federal set aside
programs in Adarand Constructors, Inc. v. Pena, 515 U.S.
200 (1995).
New York State's initial MBE and WBE participation goals
were found to not meet the Croson standard for presenting a
persuasive justification or important governmental objective
to justify them. Harrison and Burrows Bridge Constructors,
Inc. v. Cuomo, 743 F. Supp. 977 (N.D.N.Y. 1990). The
Governor's Office of Minority and Women's Business
Development issued emergency regulations requiring that a
compelling state interest be found to support MBE goals and
a sufficient constitutional state interest to support WBE goals
before imposing them. Harrison and Burrows Bridge
Constructors, Inc v Cuomo, 981 F.2d 50, 55 (2d Cir. 1992).
After an exhaustive study (conducted over one year and
ultimately published in four volumes) to determine whether
the state goals were justified under the Croson standard,
New York enacted its MBE and WBE goals. See Martin
Page 15
99-0112.txt
Assocs. Inc. v. New York City Health and Hosp. Corp., 160
Misc. 2d 58, 64 (Sup. Ct. N.Y. County 1993).
If the City were to enact similar goals for its capital projects,
it needs to first develop the factual records and findings that
a compelling state interest exists for such goals (such as
remedying past discrimination in Buffalo for minority or
women's construction contractors) and that these particular
goals are narrowly tailored to meet that interest. The City
also would have to address its legal authority to enact such
goals in the absence of authorization under the public
bidding laws. A study would be needed to provide the
factual record for the compelling state interest. For example,
a comparison of NME and WBE participation in capital bond.
projects with similar projects funded by state or federal
monies which mandate MBE and VV`BE participation goals
may provide some proof of disparity in participation that
could justify a uniform policy of goals. But that fact would be
one element, other facts (such as data as to the number of
MIBE and WBE firms in this region eligible to perform
construction contracts, past practices by the City and the
construction industry in the area regarding minority and
women's participation, instances of discrimination) would be
needed to support establishing these goals. Evidence of the
factual predicate for an ethnicity-based or gender-based
classification goals include anecdotal evidence of past
discrimination and statistical evidence of discrimination. All
this is needed to show that "'a strong basis in evidence for
[the City's] conclusion that remedial action was necessary,"'
Croson, supra, 488 U.S. at 510 (quoting Wygant v. Jackson
Bd. of Educ., 476 U. S. 267, 277 (1986)).
The second element required to support these goals is
evidence that they are narrowly tailored to meet the
compelling state interest (here, eliminating past
discrimination). For this element, we need to consider, then
eliminate as ineffective, race- and gender-neutral measures
to eradicate the discrimination (such as simplifying bid
procedures, relaxation of bonding requirements, training and
financial aid to disadvantaged entrepreneurs of all races,
prohibitions on discrimination in provision of credit or
bonding, Croson, supra, 488 U.S. at 509-10 (plurality
opinion)). The basis for the particular numerical goal needs
to be stated. For narrow tailoring, the City must focus the
program to the City to address discriminatory practices
unique to the City as opposed to regional or state-wide
scope, and have periodic review of the goals program.
Whether there will be waivers or exceptions from the policy
(and the bases for such waivers) needs to be considered, as
well as provision for reviewing the underlying data in the
future to see if the goals are effective or even needed.
Here, the proposed item requests adoption of goals without
the factual record or findings to justify the remedial action
specific to City construction contracts and without
establishing that these particular goals are narrowly tailored
to remedy the effects of discrimination.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
OVERDUE WATER CHARGES
ITEM NO. 122, C.C.P., 12/29/98
You requested a response from the Law Department
regarding the billing of overdue water charges. The Council
is seeking information on the statute of limitations for those
charges and the ability to forgive the charges.
Page 16
99-0112.txt
Pursuant to Section 1048-j (5) of the Public Authorities Law,
past due water charges are liens on the property. As liens,
they are not subject to a statute of limitations and run with
the land. The Water Board is empowered to seek collection
of the charges, with interest, through a civil action against
the owner of the property. In a personal liability action
against the owner, a six year statute of limitations may apply
to the water bill.
The Water Board has the power to review any outstanding
water bill to determine its accuracy. In its evaluation, it may
consider all the extenuating factors that may have resulted in
the accrual of the bill. If there are irregularities, the Water
Board may adjust the bIll as appropriate. As long as there is
adequate consideration for the reduction, such a reduction
would not constitute a gift of public funds. Each water
charge would have to be evaluated on a case by case basis
to determine the propriety of forgiving any particular sum.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 28
INFORMATION - 110 ELMWOOD
AVENUE AND THE ALLENDALE THEATER
At the Finance Committee Meeting of December 22, 1998,
this Department was requested to provide information
regarding the purchase of 110 Elmwood Avenue as it relates
to the Allendale Theater. The rear of this building, which is
needed for dressing rooms and support for stage
productions, was to be purchased by the Theatre of Youth
for a negotiated price of $135,000. As of this date, the
Buffalo Urban Renewal Agency has reimbursed the Theatre
of Youth a total of $49,000 towards the required down
payments.
Items from the Buffalo Urban Renewal Agency Meetings of
March 13, June 26, and August 14, all in 1997, clearly state
the amount to be paid to the Theatre of Youth ($8,000,
$11,000 and $30,000 respectively) and the $135,000
purchase price. The $11,000 payment was increased to
$12,000 by the Theatre of Youth leaving an $85,000
purchase money mortgage principal balance prior to clear
title.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 29
ELMWOOD "WALKWAY PROJECT" - PERMISSION TO
EXECUTE AND ENTER INTO EASEMENT AGREEMENTS.
At the request of Forever Elmwood, the Department of
Community Development is desirous to acquire easements
to, construct improvements and maintain an existing alley
located between the Excel Market and Avenue Pizza on the
west side of Elmwood Ave. between W. Utica and Hodge.
The purpose of the easement acquisitions and proposed
improvements is to create public access link between the
City owned W. Utica Parking Lot and Elmwood Ave. for
pedestrian use.
Community Development requests permission from the
Common Counsel to draft and execute the necessary legal
instruments and to authorize the Mayor of Buffalo to sign the
agreements and enter into the same.
Page 17
99-0112.txt
Easements are being sought from: Mrs. Frances Jean
Giordano for 502 Elmwood Ave. (Excel Mkt.), Mr. Charles
Cortese for 504 Elmwood Ave. (Avenue Pizza), and Mr. &
Mrs. Rodger Chainani for 520 Elmwood Ave.(Le Metro).
The easements being sought will be granted to the City
without monetary exchange in consideration for the physical
improvements to the area and the convenience of a shorter
and direct link between the parking lot and the merchant's
shops on Elmwood.
The easement agreements stipulate the City will maintain
the easement area in good condition and repair, including
removal of ice, snow, trash and debris. The ice, snow, and
debris removal will be performed by RAPP.
I hereby certify that the foregoing is true and correct
description of the projects purpose and conditions.
I hereby request of Your Honorable Body to grant the above
requests and to give authorization to the Mayor and the
Department of Community Development to proceed forward
with the easement agreements for the Elmwood "Walkway"
project.
RECEIVED AND FILED
NO. 30
REQUEST INFORMATION , COLLECTION OF
INSPECTION FEES
CCP #37, SEPTEMBER 8, 1998
As a result of the meeting of the Budget Committee of the
Common Council held on December 21, 1998, I wish to
supply your Honorable Body with the following information.
After unsuccessfully attempting to implement City of Buffalo
Ordinance Section 242-12, Inspection enforcement, I wish to
bring the following information to your attention. This
Ordinance states that "Every property owner shall pay a fee
of seventy-five dollars ($75.00) to be assessed against the
property for each inspection after the second inspection
which violations of a city housing ordinance is found".
practice of this charge being assessed without regard for the
cooperative owners of properties provides no latitude for the
Building Inspector that may be working on a particular
project with an owner. We in the Department of Community
Development, Division of Inspections, Licenses and Permits
feel that this law should be revised to allow discretionary
action by the Inspection Staff enforcing this ordinance. The
current Ordinance further states that the Waiver Review
Panel may waive this fee. This Panel was to be chaired by
the Commissioner of Inspections and Community
Revitalization and was to also seat the Director of Housing
and Property Inspections and the Director of Licenses.
Through reorganizations that took place after this ordinance
was put into effect, these positions no longer exist. These
positions have had their duties assumed by different job
titles. We in the Department of Community Development,
Division of Inspections Licenses and Permits feel that if a
hearing is to be scheduled to review the evidence that
resulted in the charging of a fee for re-inspection, these
hearings should be held within the jurisdiction of the Bureau
of Administrative Adjudication. If the Staff of the Division of
Inspections, Licenses and Permits were to determine as to
whom should be charged for unnecessary Inspections and if
the Bureau of Administrative Adjudication were to conduct
the hearings of these matters we believe that a successful
program could be implemented
REFERRED TO THE COMMITTEE ON BUDGET
Page 18
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FROM THE COMMISSIONER OF STREET SANITATION
NO. 31
BUDGET SUMMARY
PERSONNEL
Salaries Regular 264 $40,000
650 5,545
Benefits 264 13,640
650 1,410
Overtime 264 17,000
650 165
Benefits 264 1,470
650 15
79,245
EQUIPMENT
Tractors (4) 2,300
Rear Load Trailers (9) 11,900
Top Load Trailers (6) Yard Horse 5,700
980 CAT Highlift 900
Excavator 1,460
22,260
OPERATION 7 MAINTENANCE
Trailers 6,000
980 CAT Highlift 220
Excavator 190
Tractors Preventative Maintenance 385
Trailers Preventative Maintenance 275
Fuel: Hauling to Landfill 5,600
Yard Equipment 2,000
Tolls 1,840
Tires 3,600
20,110
MISCELLANEOUS
Computer 120
Security 2,800
Utilities 2,750 5,670
TOTAL EXPENSES FOR THE MONTH OF OCTOBER,
1998 $127,285
Total waste delivered to Modem Disposal for the month of
October was 10,000 tons. Additional wood waste and
leaves were delivered, but not sent for disposal to Modern.
The above figures have been adjusted to reflect actual
equipment payment schedules, adjustment to salaries to
include benefits and adjustment to the utilities. The new rate
based on these adjustments is $12.72 per ton
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 32
AGREEMENT WITH LOCAL 2651
Please accept for filing the negotiated agreement between
the City of Buffalo and AFSCME Local 2651, covering the
time period July 1, 1998 to June 30, 2001.
REFERREDTO THE COMMITTEE ON CIVIL SERVICE
NO. 33
AUDIT REPORT - PUBLIC WORKS - ERIE BASIN
Page 19
99-0112.txt
MARINA
COM. #4, CCP 12/29/98
In general, I am comfortable with the recommendations
contained in this audit. I would defer to Public Works on the
recommendations that are more operational in nature
(transient slips versus permanent slips, for instance).
I trust this answers your questions.
RECEIVED AND FILED
NO. 34
INFORMATION - USER FEE
This is in response to a series of questions that were
raised by the Special Committee on Budget regarding the
garbage user fee. I will address the questions in the order
they were presented in a letter from Council Staff dated
December 22, 1 998.
Question 1: What is the true dollar amount necessary to
eliminate the user fee?
The simplest and most straightforward answer to this
question is that we need the amount of money that is
generated by the user fee itself Clearly, the actual cost of the
Enterprise Fund is not the amount that would be necessary
to eliminate the user fee since the cost has exceeded
revenues in each of the first two years of operation and the
shortfall has been made up by general fund reserves at the
end of each of the respective fiscal years. Further, some of
the revenue that is generated by the Enterprise Fund
operation would remain even if the user fee was eliminated,
e.g., pick and pay, sale of scrap material, garbage and trash
violations revenue and recycling grant proceeds. The
question becomes then, how much money is generated by
the user fee) And further, How much money would the user
fee generate in 1999-2000 if it were in existence?
In 1997-98, the user fee generated $10,652,353. In 1998-
99, we lowered the fee and the estimated collection rate
from 93 percent to 73.5 percent, closer to the actual
performance of the Enterprise Fund. Still, tile amount of
revenue expected to be venerated by the user fee in 1998-
99 is $10,753,674. Of this amount approximately $1.39
million is expected from the collection of arrears. All things
being equal, this is the amount of money we Would need to
eliminate the user fee, approximately $10.75 million.
However, all things never remain equal. If we anticipate a 3
percent increase in salaries in 1999-2000 (not an unrealistic
assumption in light of the recent settlement of the building
inspectors contract) the cost of the Enterprise Fund would
increase by $160,191. If this cost is added to the need
number, the amount needed to eliminate the user fee would
be approximately $10.9 million in FY 1999-2000.
2. How Much Would we save in Police if we eliminated the
dogs in Traffic and the three Chiefs"
Eliminating the dogs would save $28,000 'n dog
allowance, $4,589 in food and provisions In and $12,000 in
veterinary expenses for total savings of $44,589. Eliminating
the Chiefs would in all likelihood cost money. The Chiefs
would bump back to their uniformed titles and receive
holiday pay, attendance incentive, higher longevity payments
and overtime. Once these costs are added back, any
savings in salary is eliminated unless, of course, you were to
eliminate three sworn police officer positions at the end of
the bump back process.
Page 20
99-0112.txt
What is the breakdown Of the figures needed to lease a
new garage for the Streets Department versus
improvements required at the old garage?
I am not able to answer this question completely. The
Commissioner of Public Works would have to do all analysis
of the cost of rehabilitating tile Broadway Garage in order to
address fully this question. However, if the goal of this
inquiry is to identify savings that could be used to eliminate
the User fee, It should be noted that only $300,000 was
budgeted In the Current year to lease a new garage,
$150,000 in the General Fund and $150,000 in the
Enterprise Fund. If the user fee were eliminated, only the
$150,000 that is Currently budgeted in tile General Fund
would be available to offset the loss of revenue and I have to
believe that repairing the Broadway Garage would cost at
least this amount for several fiscal years.
4. What is the approximate dollar amount of Niagara
Mohawk's over billing?
Most of these items remain in dispute, however, the range
is between $580,000 and $1.1 million. So far, only certain
small accounts (parks, pools) have been agreed to. These
accounts amount to only $19,082. Tile two largest accounts
(Caz Rink and Water) are 'II being disputed. Niagara
Mohawk offered $330,000. The city countered with
$850,000. Other accounts that remain in dispute include
Fattier Belle, the Fire Garage and other pool and rink
accounts. Tile city's estimate on these accounts is
approximately $230,000. Two things should be noted
concerning this item. First, no matter what the actual
settlement amount turns Out to be ($580 thousand,
$1.1million or somewhere in between) these are one shot
revenues that do not recur. Second, the largest over billing
Occurred Water and consequently some of tile refunded
amount may have to be returned to the Water Enterprise
Fund.
5. What are the projected savings Under the Power Choice
Program?
The General Fund is projected to save approximately
$170,000 under Power Choice; $109,000 on street lighting
and $61,000 on administration accounts. The chief
beneficiaries of Power Choice are Water and Sewer who
stand to save $735 thousand and $1.3 million, respectively.
6. What is the yearly estimate of Savings of would be
realized from rotating the closing four fire companies?
If we were to close one fire company per shift for the entire
year, we would be able, on average, to eliminate four call-ins
per shift on shifts where four Or more call-Ins occur and
eliminate all call-ins on shifts where four or fewer call-ins
occur. Using the actual experience from 1997-98, we
determined that approximately 40 percent of the overtime
that is budgeted in the 011 function Could be eliminated
under this scenario. In 1998-99 we budgeted $1,075,000 for
overtime in the 011 function. 40 percent of this amount is
$430,000. However, it should be noted that overtime in the
011 function is currently protected to exceed budget by
$2149,000. Using,, the projection of $ 1,323,913 produces
Savings of $529,565. Note, this is not savings from budget
but given the fact that it is money that we will need to find
elsewhere, it is real savings.
7. What is the status of discussions with the County Oil
consolidating the city's and the County's youth services
functions?
The county and city agreed to use $75,000 of the "Rutecki
Page 21
99-0112.txt
Committee" money to fund a study of possible means of
Improving youth programs. The Study is to include, but is
not limited to, an evaluation of consolidating City Youth
programming within the county Structure. A revenue
account IMS recently been established by the city to receive
this money and an invoice has been prepared Vince
forwarded to the County for payment. The City Should
receive this money shortly. A Consultant to conduct tile
Study has not yet been agreed upon. Don Allen and Nate
Flare are to coordinate tile Study and provide any necessary
information and documentation required by the consultant.
The Mayor is also forming a task force to assist in guiding
the Study.
8. What is the cost analysis of the city performing its own
demolitions and what it would cost and what would the
savings be if another demolition team was added?
We have recently filed with the council an item that
estimates the cost of a city demolition at approximately
$3,900. Assuming that We Could perform 2 demolitions per
week per crew, the cost would be $3,900 x 2 x 52 weeks or
$405,600. These costs will increase once a full crew is in
place and all the necessary equipment is acquired. The
amount budgeted for demolitions in the Current year is $546
thousand exclusive of fringe benefits. With fringes the cost
is approximately $605,000, If we were to perform 104
demolitions using private contractors the cost would be
approximately $728,000 assuming a cost of $7,000 per
demolition for a savings of between $123,000 and $322,400.
Note, these are bond fund savings so the annual debt
service savings by not incurring say $322,400 in additional
debt each year will be Substantially less (approximately
$80,000 per year assuming a 5-year payback) in the short-
term. Perhaps tile Comptroller Could provide an analysis of
tile long-term savings if the council so wishes.
9. What are projected sales tax revenues and pension
windfalls for 1999-2000?
In FY 1997-98, the city realized $52,857,332 in sales tax
revenue. The 1997-98 budget estimate was $52.7 million.
In the current year's budget we estimated sales tax revenue
at $53.2 million or I percent over the 1997-98 estimate. After
six months of actual receipts, sales tax revenue is down
$618,849 from where it was for the same six months of
199798. As a result we have lowered tile Current year
estimate to $52.2 million or $1 million below the budget
estimate. Given the fact that the 1 percent growth factor was
conservative from a historical perspective, tile over $600,000
lag that we are currently experiencing is significant and
worrisome. We have not prepared the budget estimate for
sales tax for FY 1999-2000 but we are hesitant at this point
to assume much, if any, growth for two reasons. First, is tile
performance of the sales tax in the current year. Second,
the county is entertaining all option Provided for in recent
State legislation to eliminate sales tax on clothing and
footwear. The County budget office has provided estimates
that show the city losing $2.4 million sales tax revenue and
the Buffalo Board of Education losing $1.2 million if the
Proposal is enacted in Erie County. It is important to note as
well that the County's Estimates assume a growth factor.
That is, the $2.4 million that the county estimates the city
losing is after a growth factor is assumed. If the growth fails
to materialize, as appears to be the case in the current year,
the loss could be well in excess of the $2.4 million estimate if
this proposal is enacted.
Page 22
99-0112.txt
Pension expenditures are difficult to Protect. I have
attached a 10 year analysis of pension expenditures for the
Police and Fire Pension System. The table shows that
pension expenditures peaked in 1994-95 at $16,15 1,929.
Since that time pension expenditures have decreased
substantially. In 1998-99, the cost, Including accruals, was
approximately $5 million or $4.76 million under budget. Yet,
despite this windfall, we are only protecting a $779 thousand
surplus at the end of the first quarter and this projection does
not Include the loss of sales tax revenue noted above.
The state provides us with estimates of our pension costs
each year prior to budget. Since, 1995-96 we have lowered
the amount we budget for pension each year for a
cumulative reduction of nearly $9 million annually. For next
year the state is currently estimately an increase in our
pension rate which would drive Our costs up. Whether the
increase will be sufficient to eliminate our' Current year
windfall is doubtful but remember that tile Current \windfall is
being used to plug gaps created by escalating expenditures
elsewhere. Any loss of pension savings is money we will
have to find elsewhere to address current year budget
shortfalls that have the likelihood of carrying over into next
year.
10. An analysis of Mr. Marr's figures for operating the
transfer station by Prorating the numbers to where we
actually are at this point, including a comparison of Mr.
Marr's figures with the adopted 1998-99 budget.
Mr. Marr and I have revised his earlier analysis to include
fringe benefits and 5-year equipment lease/purchase
schedules for equipment that was acquired to operate the
transfer station. These 5-year Schedules replace 10-year
useful life assumptions. These revisions bring the cost of
transfer station operations to $12.72 per toll of- savings of
$2.07 from the $14.79 per toil we were Paying under private
operations. As you know, we did not take over operation of
the transfer station until October 5, 1 998.
Consequently, for the period July - September we
continued to pay $14.79 per ton to the private operator for a
total transportation/disposal cost Of $40.79 per ton (including
a $26 Per ton tipping fee). During this three month there
period we disposed of 43,561 tons of refuse at a cost of
$1,776,853 (431, 561 x $40.79 per ton). Using all estimate
of $62,240 tons for the entire fiscal year leaves $38,679 tons
of refuse that will need to be transported and disposed of at
a cost of $38.72 Per ton 12.72 + $26 tipping fee) for a total
cost of $4,595,250. This analysis produces a projected cost
of transfer station operations of $6,372,103 or $489,308 over
the budgeted amount of $5,882,795. Of tile $489,308
shortfall, $90,171 is due to the late start of public operations.
Much of the remainder is due to overtime we are incurring In
order to accomplished a third trip to the transfer station. We
are paying two hours overtime for a third trip and three hours
overtime for a, fourth. During budget it was assumed three
trips could be accomplished within all eight hour shift.
Overtime in the 011 function of the Enterprise Fund is
currently projecting $673,479 over budget, most of which is
due to recycling
Note:The above figures are based on operations as of
October 1998. At the end of January 1999 we will be
acquiring 5 new tractors at $70,000 each and we will need at
least six more trailers by March to prepare for heavy trash
season. Also, one additional HEO was added to the transfer
station in November. These additional expenses will
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99-0112.txt
increase the cost of transfer station operations. Mr. Marr is
completing an analysis of these additional costs.
I trust this information satisfies your inquiry. As always, I
will be available at the Committee meeting to answer any
further questions you may have.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CITY CLERK
NO. 35
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons
applying for liquor licenses front the Erie County Alcohol
Beverage Control Board.
Address Business Name Owner's Name
625 Main Street Chris O'Neil Lounge Chris O'Neil
1081 Elmwood Ave Pano's Restaurant
2491 Delaware Frank's Sunny Italy
274 Delaware Andrick Inc. Richard Shiesley
RECEIVED AND FILED
NO. 36
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leavens of absence without pay, in the
various departments as listed:
Comptroller- Kenneth Barnes
Police- Robert Quintana
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:
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.
DEPARTMENT OF HUMAN SERVICES
Appointment Effective January 7 in the Department of
Human Services Division of Parks to the Position of Fee
Collector, Seasonal, Non competitive, at the Flat Starting
Salary of $ 5.15
Rachel Van Alstine 371 Villa Buffalo 14216
DEPARTMENT OF PUBLIC WORKS
Appointment Effective December 29, 1998 in the
Department of Public Works Division of Buildings to the
Position of Senior First Class Stationary Engineer,
Temporary, Appointment,. at the: Flat, Starting Salary of: $
7.33
Page 24
99-0112.txt
Mark A. Higgins, 181 Kentucky Street, Buffalo 14204
Appointment Effective: January 5, 1999 in the Department
of Public Works Division of Buildings to the Position of
Senior First Class Stationary Engineer, Temporary
Appointment, at the: Flat, Starting Salary of: $ 7.33
Charles H. Mayer Jr., 184 Aldrich Place, Buffalo 14220
DEPARTMENT OF STREETS
Appointment Effective 12-30-98 in the Department of
Street Sanitation, to the Position of Seasonal Laborer II,
Seasonal, Non-Competitive, at the Flat Starting Salary of
$6.92/hour
Richard K. George, 212 Richmond Avenue, Bflo, NY 14222
NO. 39
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ASSESSMENT
Appointment Effective: January 4, 1999 in the Department
of Assessment to the Position of Real Property Appraiser.
Temporary, Appointment, at the: Minimum Starting Salary of
$32,971
David. G Gillig, 137 Hollywood Ave., Buffalo, NY 14220
DEPARTMENT OF POLICE
Appointment Effective: December 28, 1998in 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 Street, Bflo, NY
14209
DEPARTMENT OF PUBLIC WORKS
Appointment Effective December 24, 1998, in the
Department of Public Works, Division of Engineering, to the
Position of Junior Engineer, Provisional, Promotion, at the
Minimum, Starting Salary of: $ 31,243
Eric D. Schmarder, 51 Chettenham Dr., Buffalo, NY 14216
Appointment Effective December 28, 1998, in the
Department of Public Works, Division of Water, to the
Position of Account Clerk-Typist, TEMPORARY,
APPOINTMENT, AT THE MINIMUM, : Starting Salary of:
$22,883
Jennifer Dombrowski, 475 Fillmore Avenue, Buffalo, 14206
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 40
ALLEN AND LIPPES
CONCERNS - 715 JEFFERSON AVENUE, BUFFALO
Please be advised that our firm represents the Hamlin
Page 25
99-0112.txt
Park Community and Taxpayers' Association. On behalf of
the Hamlin Park Community we are demanding that the
Inspections Department fulfill its obligations under Chapter
511 of the City of Buffalo Code. Section 511-68.1.D.(1)
provides in pertinent part that:
Any of the uses which presently are permitted under the
zoning district regulations of this chapter of the Code of the
City of Buffalo or which may be established or extended
pursuant to said chapter shall be permitted uses in the
Hamlin Park Overlay Review District but only upon the
issuance of a restricted use permit as permitted in
Subsection E of this section.
Properties within the Hamlin Park Overlay District are
operating businesses in violation of this code.
Of primary concern is the property located at 1715
Jefferson Avenue, which has been operating under an
invalid variance for a non-conforming use permit. The
nonconforming use permit (permit no. 392114) to operate
the retail store at 1715 Jefferson Avenue, issued on June 19,
1913 was, and still is, subject to 511-68.1.D.(1). On
December 18, 1996, the Buffalo Zoning Board of Appeals
granted a variance to "extend" the non-conforming use as
permitted as a retail store to a delicatessen with take-out
service. (See, attached hereto a copy of the permit
application for the change in use). Since the property at
1715 Jefferson Avenue is operating a delicatessen without a
restricted use permit it is in violation of the law and
operations should be ceased immediately and the property
must be forced into conformance with the law.
The Hamlin Park Overlay requires Common Council
approval in acquiring a restricted use permit for non-
conforming uses within the district. This procedure was not
followed for 1715 Jefferson Avenue. Diocese of Buffalo, et
al, v. Buczkowski, et al, 456 N.Y.S.2d. 909 (4th Dept. 1982)
held that the Buffalo Zoning Board of Appeals was without
jurisdiction to hear a petition for a restricted use for a
property located in the Porter-Busti Area Special Zoning
District, where the law required that the Common Council
approve restricted use permits in this district. Likewise, the
Zoning Board of Appeals did not have jurisdiction to grant
the variance to "extend" the non-conforming use on
December 18, 1996, for 1715 Jefferson Avenue. For
example, when the owners of the properties, 23 Oakgrove
and 217 East Delevan, were found to be within the Hamlin
Park Overlay District by the Inspections and Permitting
Department, the permit applications, No. 222612 and No.
238017 respectively, were then subject to approval by the
Common Council before the respective restricted use
permits could be granted. (See, attached hereto copies of
said permit applications). Since this procedure was not
followed for the change in use permit for 1715 Jefferson
Avenue, the continued operation of the delicatessen is in
violation of the law and the property use must be brought
into compliance.
It is the responsibility of the Inspections Department to
inspect properties, to ensure that they are properly permitted
and their uses conform to the law. Pursuant to 511-55 E
and F, the Commissioner of Inspections and Community
Revitalization must serve the property owner with a written
order to comply and remedy said violations within thirty (30)
days or be subject to revocation. If the property owner fails
to remedy the violation, then the Commissioner of
Inspections should submit a written report of the property's
Page 26
99-0112.txt
non-compliance to the Common Council.
Accordingly, the Hamlin Park Community and Taxpayers'
Association now demands that the Inspections Department
respond and act in accordance with the law and requests a
written response within thirty (30) days of this letter. If the
Inspections Department does not definitively respond within
the proscribed thirty (30) days, the Hamlin Park Community
and Taxpayers' Association will be forced to pursue further
action under the Laws of the State of New York.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 41
J. BREM-REQ. APPEAL BFLO PRES. BD. RULING 923
WASHINGTON
I, the aggrieved applicant, am requesting an appeal of the
Buffalo Preservation Boards ruling on 923 Washington
Street, under section 337-26 (A) of the preservation
ordinance.
I am seeking an appeal for the following reasons:
01. That the Buffalo Preservation Board (BPB) did not do
its job, in that it should not consider extraneous material
such as pending litigation or a person's will when making a
determination of landmark designation. The BPB is only to
determine if a structure warrants landmarking based up the
criteria in section 337 of the preservation ordinance. When
Councilmember David A. Franczyk asked John Laping, R.A.,
Chairperson of the BPB, what the BPB would have done if
there was no pending litigation or will? Mr. Laping
acknowledged that it met four of the criteria for landmarking
and that this structure would have be designated as such.
02. The BPB is not to determine or set policy as it is clearly
doing in this case, it is only to act within the limited
parameters or scope of its duties of landmark designation as
described in the preservation ordinance. It is up to the
Administration, the Council, and the Courts to set policy .
03. Demolishing a viable, structurally sound building in
good repair goes against public policy, in that the over all
public good of preserving a potential historic structure of a
certain ethnic heritage, should outweigh that of a private
individual's wish to knock it down.
04. It is environmentally and morally wrong to destroy a
structurally sound building in good repair, only to demolish
and landfill the remnants of this structure.
05. The examples cited in the BPB resolution to the
Council, as to reasons why it does not merit designation, are
contrary to all those structures that have been landmarked
with the same qualities. It is my understanding that the
former Mc Kendry Dengler Funeral Home at 2540 Main St.,
withstood the challenges of a will and is now a local
landmark. It is my understanding that the BPB ruled against
the rectory located at 15 Eastwood, and that the Council
over-ruled the BPB and went against the Catholic church in
landmarking this building. It is my understanding that the
Coit House has been moved from it original site, and is now
landmarked. Why is the Krause - Beck house, 923
Washington any different than those cited above?
06. Both the interior and exterior of this little cottage, built
around 1868, is virtually unchanged from that time period,
and remains a snap shot in time. This is unlike the many
photographs that the opposing side submitted for the record
showing other vernacular houses similar in style. My
Page 27
99-0112.txt
opposition to these examples are that they have been
demolished, or modernized inside and/or outside, or are in
decay and disrepair.
07. I am also requesting that no further public hearings be
held on this matter as stated in 33726(B). I, the applicant am
requesting further public hearing be waived, in that further
public hearings will only muddy the waters with more
irrelevant information and prolong the process.
08. Furthermore, I wish to note that many of Anna Beck's
friends who wrote letters of protest to this matter live in the
suburbs. It is because there are so many people living in the
suburbs that the City's housing stock is decaying and the tax
base is declining. These people probably do not pay City
taxes, nor do they vote for councilmembers, and therefore
should not have any weight whatever in determining the fate
of the Krause - Beck house within City limits.
09. I currently reside in the neighborhood where the
Krause - Beck house is located, actually across the street
from R. I see value both in the house and the neighborhood,
and feels that this cute German cottage contributes
significantly to the immediately area as well as the German
heritage of the City. My goal is to buy, and restore this home
at my expense.
10. My aim is to fully reimburse those legal costs that have
been incurred by the estate, so that St. Louis church can
fully realize the full $150,000 left to the church, in addition to
the proceeds from the purchase of the Krause - Beck
cottage.
11. As to Mr. Laping's statement "But there should be no
confusion whatsoever that it is very wrong to use the
landmarking process for the personal gain of one individual."
I proclaim that I reside across the street from this little
cottage, and that it was always my intent to try to purchase
this house. If wishing to save a potential historically
significant structure from the wrecking ball so that the
integrity of my neighborhood remains intacted is selfish
personal gain, then so be it.
RECEIVED AND FILED
NO. 42
J. BREM SUPPORTING EVIDENCE LANDMARK DES. 923
WASHINGTON
I am submitting the following supportive materials for the
landmark designation of 923 Washington St.
RECEIVED AND FILED
NO. 43
CHARTER REVISION COMM. MINUTES
12/17/98,12/30/98, 1/7/99
The Charter Revision Commission Minutes are filed in the
City Clerks Office.
REFERRED TO THE COUNCIL PRESIDENT
NO. 44
LANDMARK DESIGNATION
SUPPORT LANDMARK DESIGN-923 WASHINGTON
Speaking as editor and publisher of the Buffalo-printed
German-American bilingual newspaper here, which is the
direct descendant of the once all-German daily Buffalo
Page 28
99-0112.txt
Volksfreund, I should like to add my voice to the effort to
obtain National Historic Registry status for the Kraus/Beck
building at 923 Washington St.
It is my understanding that this example of the type of
architecture so common to our city during the height of the
vast German immigration wave here is in danger of being
razed. This would be a shame as it would sever an
irreplaceable link with our municipal heritage.
In, Bergholz, for example, a preservation effort has resulted
in a similar structure, " Daz Haus" having been turned into a
viable attraction open to the public under the direction of the
Historical Society of North German Settlements. I suspect
the Kraus/Beck building might also be turned into a similar
historic attraction, especially at this time when Buffalo is
seeking to enhance its tourist appeal.
RECEIVED AND FILED
NO. 45
E. C. COMM. ON HOMELESSNESS MORATORIUM
ROOMING HOUSE LICENSES
I understand that a letter dated December 2, 1998 from
Michael Ferdman to Gov. Pataki has been filed with the
Common Council. I would request that the enclosed letter
from me to Mr. Ferdman also be filed.
My best to you and your family during this holiday season.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 46
NYS GEN SVCS. NOTICE POTENTIAL LIFE SAFETY
HAZARD
MISC. CITY BLDGS.
Notice of Potential Life/Safety Hazard LEASE NO. 9568
CB&VH MISC CITY BLDGS BUFFALO, NY
Effective October 10, 1998 a U.S. administrative law judge
upheld the Consumer Products Safety Commission's
(CPSC) decision to recall OMEGA fire sprinklers.
Subsequently the CPSC and Central Sprinkler announced
the nationwide recall of approximately 8.4 million OMEGA
brand fire sprinklers manufactured since 1982 by Central
Sprinkler Corporation and its subsidiary, Central Sprinkler
Co. of Lansdale Pa. The unit failed to operate in about a
third of the tests conducted by Underwriters Laboratories,
Inc., and has on several occasions failed to activate in actual
fires.
Enclosed for your use please find a copy of a June 4, 1998
letter from New York State Department of State, Division of
Code Enforcement and Administration. This letter provides
information relative to the installation, use and inspection of
the OMEGA sprinkler head, including permitted field
replacements. This letter also provides pertinent information
regarding the responsibilities of the building owner.
The State Uniform Fire Prevention and Building Code
(SUFPBC) requires all OMEGA sprinkler heads equipped
with the EPDM O-ring to be replaced with the OMEGA
silicon equipped sprinkler head or with a non OMEGA series
head. Retaining existing EPDM equipped sprinkler heads
can leave the sprinkler system out of conformance with the
SUFPBC.
Clause 13b of the above referenced Lease, known as
Compliance With Laws, states in part that the Landlord shall,
at its own cost and expense, ensure that the premises
comply with all laws, rules, orders, ordinances and
Page 29
99-0112.txt
regulations at any time issued or in force, applicable to the
demised premises, of the borough, city, county or other
municipality, state or federal governments, and each and
every department, bureau, and official thereof, and of any
insurance services organizations having jurisdiction in the
premises. The OMEGA sprinkler recall is a Court Ordered
recall through an U. S. administrative law judge and
therefore the terms and conditions of the lease and, in
particular, Clause 13b, apply.
The OGS Bureau of Leases must be notified within the next
thirty (30) days whether or not you have OMEGA sprinkler
heads within your building. If you do have the OMEGA
sprinkler heads, we must also be advised of your plans and
time frames for their removal and replacement subject to the
CPSC recall.
The CPSC is warning consumers that they are at risk of
bodily injury or death and should have the OMEGA's
replaced as soon as possible. Therefore, it is in our mutual
interest to assure the occupants of the building that
everything possible is being done to ensure their health,
safety and well being.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF COMMUNITY DEVELOPMENT
NO. 47
L. RENFORD CCAPA RFA. INVESTIGATION M.
GEORGIA-
According to the Buffalo Evening News, dated December
29, 1998, Dan Herbeck, Mr. Mark CJVOTgia, 39 years old
committed suicide while in police custody. The paper states
Mr. Georgia's death is being investigated by BPD internal
affairs and the homicide squad,
We request that a full scale investigation by the State and
others be done in this death and the circumstances. We
also request that the following issues be addressed the
nature of the arrest Mr, Georgia's behavior and mental -
emotional state at the time of police arrival and during west
If Mr. Georgia was irate and screaming for medication, that
should have been indication to the arresting officers, that the
victim had obvious medical problems, and needed medical
evaluation as to Ws needs and behaviors the time of arrest,
time of processing, time victim placed into cell, time of
girlfriend's arrival and actual time of finding victim was victim
pepper sprayed? If so where, and how many times had the
girlfriend at the time of arrest expressed any concern for his
safety, or mental state was victim known to police and it's,
under what conditions While suicide is always a possibility,
there should be clear, standing policies in seeking qualified
medical attention for any person exhibiting questionable
behaviors. Police officers are not trained to be social
worker, medical evaluators, marriage counselors, etc.. The
expected burdens are increasing for officers. So are the
tragedies for residents. We must look at the incidents and
their perhaps avoidable, outcomes. Training and defining
the toles of officers must be clearly, and realistically done.
Calls for assistance cannot be considered "routine"
anymore, because they are unpredictable due to the climate
of the environment and its people. WC must become
cognizant of this crucial fact. Many officers become just as
violent as the arrestee, and we all need to provide help to
alleviate these behaviors and the ensuing situations..I hope
these questions and the anticipated answers received, All
provide some additional insight into concerns of policing, and
Page 30
99-0112.txt
how all must look at their responsibilities, in the management
of an arrestee and the communities served. There are
limitations as to how competent and how safe one is, or can
be expected to be, in performing his or her job. OOPS, will
not justify the in-custody death or cases of excessive forces
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT
NO. 48
SUNYAB SUPPORT LANDMARK DESIGNATION
KRAUSE BECK HSE 923 WASHINGTO
The purpose of this letter is to voice SUPPORT for the
designation as a landmark of the Krause-Beck House at 923
Washington. I do so fully aware that such a designation
would contravene the stipulations laid out in the late Anna
Beck's will. Contravening a last will and testament is not
something we should do often or easily. After reviewing the
history of Ms. Beck's conflicted relationship, as the owner of
this structure, with the City of Buffalo, however, I have come
to feel reasonably confident that if, at the end of her life, Ms.
Beck had been aware of the historical significance of her
home and of the considerable number of people who are
interested in its preservation, she might not have stipulated
its destruction.
I am currently a Professor of History at the State University
at Buffalo. in 1989, 1 authored an historical study of early
Buffalo, The making of An American Pluralism, Buffalo, New
York, 2825-.1861, which was published by the 'University of
Illinois Press. This book's purpose was to analyze the ways
in which a new city, composed of German and Irish
immigrants and Amer-4can-born migrants from the East,
came together socially and politically to form a uniquely
American community, in which diversity and unity were in
balance with one another.
In doing my research, I discovered that throughout much of
the nineteenth and early twentieth century the majority of our
city's population was composed of German immigrants, most
of them craftsmen, shopkeepers and industrial workers, and
their American-born children and grandchildren. The local
German community occupied much of the city east of Main
Street. It is a source of much sadness that our
understanding of the city's history must be impaired by the
fact that so little is left of the social landscape and built
environment created by this vast population.
It is in the Spirit of concern for our ability to know our history
that I write this letter in favor of designating the Krause-Beck
House as a landmark. The house is the finest remaining
example, in terms of structural integrity, that I have seen of
the sort of working class German house construction that
German building tradesmen did in Buffalo in the nineteeth
and early twentieth century, At one time, there were
thousands of such structures in the city; now there are very
few, and those that do exist are often in a state of terminal
disrepair. That the house does not sit on its original site
adds to its historical value to the extent that the story of its
having been moved in the 1970s Provides us with a way of
understanding the fate o! the destroyed, once largely
German working class, neighorhood of which it was
originally a part.
I believe the house, therefore, meets the first five criteria laid
out in the section of the City Code for the Resignation of
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99-0112.txt
historical landmarks. I urge the City Council to designate the
Krause-Beck House as an irreplaceable landmark.
RECEIVED AND FILED
NO. 49
TCG -REQ. ACCESS TO CITY ROW
TCG Systems, Inc. ("TCG") is a Competitive Local
Exchange Carrier ("CLEC") and a telephone corporation as
defined by New York's Transportation Corporation Law,
which is certified by the New York Public Service
Commission. As such, TCG requests access to the public
rights-of-way in Buffalo.
As a CLEC, TCG has the same rights and obligations as any
other Local Exchange Provider, including Bell Atlantic. That
is, placement of facilities is subject to reasonable police
power regulation and New York Statutes.
By this letter, we are requesting access to the City of Buffalo
public rights of way. We are looking to complete a mixture of
aerial and underground facilities. I am enclosing a proposed
network map that highlights where we would like to place our
facilities. Please let me know what further items are
required. We are anxious to proceed as quickly as possible.
Thank you for your consideration in this matter. Please call
me if you have any comments or questions at (716) 987-
3160.
REFERRED TO THE CORPORATION COUNCIL,
COMMISSIONER OF PUBLIC WORKS, SPECIAL
COMMITTEE ON TELECOMMUNICATIONS AND THE
OFFICE OF TELECOMMUNICATIONS
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 50
APPOINTMENT
SENIOR TAX CLERK
That Communication 7, December 29, 1998 be received
and filed and the Permanent appointment of Secret S.
Thompson, above at the Intermediate salary of $25,309.00
effective on October 28, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 51
APPOINTMENT
EQUIPMENT OPERATOR
That Communication 49, December 29, 1998 be received
and filed and the Provisional appointments of Samuel W.
Grossman, Richard E. Runge, and Lawrence J. Sobocinksi,
above at the Maximum salary of $28,425.00 effective on
December 14, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 52
APPOINTMENT
EQUIPMENT OPERATORS
That Communication 50, December 29, 1998 be received
and filed and the Temporary appointments of Michael T.
Page 32
99-0112.txt
Driscoll, and Joseph F. Szafranksi above at the Maximum
salary of $28,425.00 effective on December 14, 1998 is
hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 53
APPOINTMENT
TYPIST
That Communication 52, December 29, 1998 be received
and filed and the Permanent appointment of Deborah
Gavazzo above at the Intermediate salary of $22, 499
effective on December 10, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 54
APPOINTMENT
M.E.M. SUPERVISOR I
That Communication 53, December 15, 1998 be received
and filed and the Permanent appointment of Jeffrey L. Ford,
above at the Intermediate salary of $30,633-00 effective on
December 14, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 55
NOTICES OF APPOINTMENTS - TEMP./PROV./PERM.
(ITEM NO. 62 C. P. P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 56
INSTALLATION BICYCLE LANES - FILLMORE AVENUE
(ITEM NO. 38, C,C.P., OCT. 6, 1998) (ITEM NO. 120,
C.C.P., NOV. 4, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Franczyk moved that the above item be recommitted to
the Committee on Finance.
ADOPTED.
NO. 57
AUDIT - PW - DELAWARE PK. CAS. LEASE (COMPT.)
(ITEM NO. 11 C.P.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is
hereby received and filed.
ADOPTED
NO. 58
AUDIT - PW - DELAWARE PK. CASINO (PW)
(ITEM NO. 34 C.P.P. OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Page 33
99-0112.txt
ADOPTED
NO. 59
REQ. LEGAL AGREE. -DELAWARE PK. CAS.
(4181,11/17)
(ITEM NO. II 7 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 60
LEASE AGREE. DELAWARE PK. CAS. (CC) (#46,12/1)
(ITEM NO. 11 8 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 61
CERTIORARI PROCEEDINGS - 22 OAKGROVE AVENUE
(ITEM NO. 26, C.C.P., SEPT. 22, 1998) (ITEM NO. 104, C.
C.P., NOV. 17, 1998)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mr. Franczyk moved that the above item be recommitted to
the Committee on Finance.
ADOPTED.
NO. 62
PERMISSION TO MRE CONSULTANT - UPDATE -
COMPUTERIZE INDEX OF PAVED STREETS
(ITEM NO. 17, C.C.P., DEC. 29, 1998)
That the Commissioner of Public Works be, and he hereby
is authorized to hire an engineering software consultant to
update and computerize the department's Index of Paved
Streets, Bridge Inventory and verify Bridge Clearances.
Funds for this project are available in Capital Project
Account #200-401-564.
PASSED
AYES - BROWN, COPPOLA, FONTANA, FRANCZYK,
GRAY, HELFER, LOTEMPIO, MANLEY, QUINTANA,
WILLIAMS, ZUCHLEWSKI - 11 NOES - PITTS - 1
NO. 63
GRASS CUTTING INVOICE TRANSFERS - 1998
(ITEM NO. 47, C.C.P., DEC. 29, 1998)
That the Commissioner of Street Sanitation be, and he
hereby is authorized to abate the invoices as attached to the
above communication and the Commissioner of
Assessment, be and he hereby is authorized to place the
charge(s) totaling $33,947.08 on the local tax rolls.
PASSED
AYES - 12 NOES - 0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 64
ANTHONY MANCUSO, PETITION TO USE 2249
ELMWOOD AVENUE - POLE SIGN (ITEM NO. 8 1, C.C.P.,
Page 34
99-0112.txt
DEC. 29, 1998)
That after the public hearing before the Committee on
Legislation on January 5, 1999, the petition of Anthony
Mancuso, owner, for permission to use 2249 Elmwood
Avenue for a sign be, and hereby is approved on the
condition that it is a ground sign and not a pole sign.
PASSED
AYES - 12 NOES - 0
NO. 65
PROPOSED LANDMARK DESIGNATION - BECK
SISTERS RESIDENCE - 923 WASHINGTON STREET
(ITEM NO. 9, C.C.P., DEC. 15, 1998) (ITEM NO. 102,
C.C.P., DEC. 29, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
MS. WILLIAMS MOVED TO RECEIVE AND FILE SAID
ITEM 2ND MR. ZUCHLEWSKI
ADOPTED
AYES - COPPOLA, FONTANA, HELFER, LOTEMPIO,
MANLEY, QUINTANA, WILLIAMS, ZUCHLEWSKI- 8 NOES
- BROWN, FRANCZYK, GRAY, PITTS, - 4
NO. 66
JOSEPH LOTEMPIO, PETITION TO USE 227 NIAGARA
STREET - POLE SIGN
(ITEM NO. 83, C. C.P., NOV. 17, 1998)
That after the public hearing before the Committee on
Legislation on January 5, 1999, the petition of Joseph
LoTempio, owner, for permission to use 227 Niagara Street
for a pole sign be, and hereby is approved.
PASSED
AYES - 11 NOES - 0
***MRS. LOTEMPIO ABSTAIN FROM VOTING DUE TO A
CONFLICT IN INTEREST
NO. 67
INCREASE PENALTIES - DEMO. W/O PERMIT
(ITEM NO. 164 C.P.P. OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 68
MEMBERS-BOARD OF ASSESSMENT REVIEW (ASNIT)
(ITEM NO. 6 C. P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 69
ORDINANCE AMENDMENT - CHAPTER 437 - TAXICABS
AND LIVERIES
(ITEM NO. 110, C.C.P., DEC. 29, 1998)
That the Ordinance Amendment as contained in Item No.
110, C.C.P.,December 29, 1998, be and the same hereby is
approved.
PASSED
AYES - 12 NOES - 0
Page 35
99-0112.txt
NO. 70
NOTIFICATION SERIAL #9099, INSTALL NO RIGHT
TURN, WEST SENECA STREET, ETC.
(ITEM NO. 8, C.C.P., DEC. 29, 1998)
That pursuant to Subdivision 3 of Section 33 of Chapter
479 of the Code of the City of Buffalo, the changes to the
traffic ordinances (Chapter 479 of the City Code) are hereby
denied as pertaining to Notification Nos. 9101-9103 as more
fully described in the above communication and Notification
Nos. 9099 and 9 1 00 be received and filed.
ADOPTED
NO. 71
ADDITION WITHIN RIGHT-OF-WAY - 1840 WILLIAM
STREET
(ITEM NO. 9, C.C.P., DEC. 29, 1998)
That the Commissioner of Public Works be, and he
hereby is authorized to issue a Ccmere license" to Mr. John
Hoffman, owner of R & J Service, located at 1840 William
Street, to construct a small addition to the existing structure,
which would encroach city right-of-way at said address,
subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2.That the addition be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3.That the addition does not exceed or project more than
five feet (5') in from the building face into city right-of-way.
4.That the applicant be responsible for relocation of any
underground utilities effected by the installation of said
addition.
5.In the event that the Commissioner of Public Works
determines the encroachment must cease as a result of
factors effecting the health, safety and welfare of the public,
or the needs of the City, the Commissioner of Public Works
may order the immediate removal of said encroachment as
described in Chapter 413-67 (F) of the City Ordinances.
6.That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss or
damage arising out of the construction, maintenance, use
and removal of said addition.
PASSED
AYES - 12 NOES - 0
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 72
LDA-WATERFRONT REDEV. EASEMENT AGREEMENT-
SINCLAIR RADIO
(ITEM NO. 45, C.C.P., DECEMBER 29,1998)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and
a Notice of same has been published in the Buffalo News, a
Page 36
99-0112.txt
copy of which is attached hereto.
On a motion by Mrs. LoTernpio, seconded by Mr. Zuchlewski
the item is property before the Common Council, and the
hearing is opened.
CARRIED.
Appearances -None
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Zuchlewski
CARRIED.
MRS. LOTEMPIO MADE A MOTION TO RECEIVE AND
FILE SAID ITEM. SECONDED BY MR. ZUCHLEWSKI.
ADOPTED
NO. 73
EXPRESS OPPOSITION TO PROP. HUD POLICY
CHANGE
(ITEM NO. 270 C.P.P. JULY 21, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 74
BMHA LAYOFFS
(ITEM NO. 67 C.P.P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 75
AFSCME LOCAL 264 - BA4HA LAYOFFS
(ITEM NO. 79 C. P. P. OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 76
TRANSFER OF TITLE, URBAN HOMESTEAD - 38
FERGUSON STREET (ITEM NO. 4 1, C. C. P., DEC. 29,
1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Zuchlewski moved:
That the city-owned property commonly known as 38
Ferguson Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Mr. Ron
Talboys from Habitat for Humanity, 9511 Keller Road,
Clarence, in the amount of $ 1. 00 (One Dollar), and with the
conditions that the property is repaired and improved within
eighteen (I 8) months; and that the property be transferred to
a low income homesteader who will occupy and maintain the
property for a period of at least thirty-six (36) months.
PASSED
AYES - 12 NOES - 0
NO. 77
TRANSFER OF TITLE, URBAN HOMESTEAD - 13
Page 37
99-0112.txt
HARRIETT STREET (ITEM NO. 42, C.C.P., DEC. 29, 1998)
That the city-owned property commonly known as 13
Harriett, is hereby designated as Homestead Property, and
that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Mr. Anthony and Mrs.
Gertrude Durda, residing at 15 Harriett Street, in the amount
of $1.00 (One Dollar), and all costs of transfer, on the
condition the property is cleared and improved within six (6)
months and maintained in a sanitary manner.
PASSED
AYES - 12 NOES - 0
NO. 78
TRANSFER OF TITLE, URBAN HOMESTEAD - 27
KERMIT STREET (ITEM NO. 43, C.C.P., DEC. 29, 1998)
That the city-owned property commonly known as 27
Kermit, is hereby designated as Homestead Property, and
that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Mr. Alexander Dukes,
residing at 23 Kermit Street, in the amount of $1.00 (One
Dollar), and all costs of transfer, on the condition the
property is cleared and improved within six (6) months and
maintained in a sanitary manner.
PASSED
AYES - 12 NOES - 0
NO. 79
TRANSFER OF TITLE, URBAN HOMESTEAD - 37
LOCUST STREET (ITEM NO. 44, C.C.P., DEC. 29, 1998)
That the city-owned property commonly known as 37
Locust Street, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to Ms. Cassandra
Boykin, residing at 33 Locust Street, in the amount of $1.00
(One Dollar), and all costs of transfer, on the condition the
property is cleared and improved within six (6) months and
maintained in a sanitary manner.
Passed.
AYES-12, NOES-0
NO. 80
NYSDEC-REG. OF SITES-HAZ. WASTE DISPOSAL SITE
204 BRISTOL
(ITEM NO. 73 C.P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 81
NYSDEC-REG. OF SITES-HAZ. WASTE DISPOSAL SITE
1818A FUHRMANN BD.
(ITEM NO. 74 C. P.P. DECEMBER 29, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
RESOLUTIONS
NO. 82
Page 38
99-0112.txt
By: Mr. Brown Mr. Coppola:
LEASE OF HEWITT-ROBINS SITE FOR MENTAL HEALTH
SERVICES TRANSITIONAL HOUSING
Whereas:The Hewitt-Robins site at 240
Kensington Avenue is approximately seven acres and was
used as a rubber manufacturing facility for the bulk of the
20th century; and
Whereas:In the late 1980's, the property, which
had been neglected for about a decade, came under City
ownership, and the dilapidated structures on site were
demolished; and
Whereas:The Erie County Department of Mental
Health is interested in leasing the property itself, or on behalf
of the not-for-profit corporation Alcohol & Drug Dependency
Services, Inc. (ADDS), from whom the County contracts
mental health services; and
Whereas:The proposed use of the property is to
build a day treatment and transitional housing facility for
homeless individuals and drug treatment center patrons; and
Whereas:Mental Health Services is interested in
the property because of its sufficient size, its location on
major bus routes, and its proximity to Sisters Hospital and
ECMC; and
Whereas:Because construction expenditures are
expected to be in excess of $800,000, the County is looking
for a lease of sufficient term to protect its capital investment;
and
Whereas:$1.2 million in HUD grant money
available to fund this project will be lost to the County, City
and ADDS if a contract or lease is not executed for the
property on or before January 26, 1999;
Now, Therefore, Be It Resolved That:
The Mayor be authorized to enter into a lease with the
County, or a not-for-profit service provider, for the Hewitt-
Robbins property at 240 Kensington Avenue; and
Be It Further Resolved That:
The proceeds from the lease shall, at a minimum, cover
estimated City of Buffalo taxes, County taxes, and sewer
rents, if the property were to be sold; and
Be It Further Resolved That:
Such lease shall also be contingent upon the County's
determination of the environmental suitability of the property;
and
Be It Finally Resolved That:
The Mayor shall also be authorized to enter into an
assignable lease with BERC or BURA, pursuant to the
General Municipal Law, Section 503-b, if necessary.
PASSED
AYES-12, NOES-0
NO. 83
By: Mr. Coppola
REPLACE COAL-BURNNG FURNACES IN BUFFALO
SCHOOLS
Whereas:Gas-fired boilers reduce sulfur dioxide
and particulate (soot) pollution by more than 95% when
compared with coal-burnng furnaces; and
Whereas:The 1996 Environmental Bond Act
earmarked $125 million for the replacement of coal burning
furnaces in schools across the state; and
Whereas:There were 280 schools with coal
Page 39
99-0112.txt
furnaces when the program started, 7 of which were in
Buffalo; and
Whereas:Conversions to gas-fired boilers at 3
Buffalo schools have been completed under this program -
Early Childhood Center, Triangle Academy and Roosevelt
Academy; and
Whereas:Bids are scheduled to be let for
conversions at City Honors and at P.S. 81 in January of
1999 and those schools are being heated with temporary
clean boilers; and
Whereas:Riverside High School and Indian Park
Academy are the only schools with coal-burning furnaces in
Buffalo that have not yet been slated for conversion; and
Whereas:The NY Power Authority (NYPA) is
administering this program using Bond Act funds as well as
their own funds and money collected under the Petroleum
Overcharge Restitution program; and
Whereas:NYPA officials estimate the average
cost of conversion at $1.2 million per school and at that rate
it is not clear where the funds will come from to pay for all
280 schools;
Now, Therefore, Be It Resolved That:
This Common Council requests the Board of Education to
file a report on plans to convert the remaining coal-burning
Buffalo schools to cleaner heating systems; and
Be it Further Resolved That:
The Board's response be sent to the Council's Education
Committee for further discussion; and
Be It Finally Resolved That:
Certified copies of this resolution be sent to Governor
Pataki, Mayor Masiello, Schools Superintendent James
Harris, the NY Power Authority, and the WNY State
Legislature delegation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE BAORD OF EDUCATION.
NO. 84
3.GRANT COMMUNITY DEVELOPMENT PERMISSION TO
PROCEED WITH EASEMENT AGREEMENT
Whereas:Since last fall, I have been coordinating
with Mrs. Frances Jean Giordano of 502 Elmwood Avenue,
Mr. Charles Cortese of 504 Elmwood Avenue, and Mr. &
Mrs. Rodger Chainani of 520 Elmwood Avenue; and
Whereas:The easement being sought will be
granted to the City without monetary exchange in
consideration for the physical improvement to the area and
the convenience of a shorter, direct link between the parking
lot and merchant's shops on Elmwood; and
Whereas:The easement agreement stipulate that
the City will maintain the easement area in good condition
and repair, including the removal of ice, snow, trash and
debris;
Now, Therefore, Be It Resolved:
This Common Council grant permission to Community
Development to proceed with the easement agreement for
the Elmwood Walkway.
PASSED
AYES-12, NOES-0
NO. 85
Page 40
99-0112.txt
By: Mr. Franczyk:
BOND RESOLUTION
$2,500,000 BONDS
MAIN-TUPPER POLICE PRECINCT
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $2,500,000 General
Improvement Bonds of said City, to finance the construction
of a new Police Precinct Building at 695 Main Street, in the
City, at the estimated maximum cost of $2,500,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of Two Million Five
Hundred Thousand Dollars ($2,500,000), pursuant to the
provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"), to finance the cost of
construction of a new Police Precinct Building at 695 Main
Street, in the City. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by
this resolution are to be issued, including preliminary costs
and costs incidental thereto and the financing thereof, is
$2,500,000 as set forth in the duly adopted Capital
Improvements Budgets of said City for fiscal year 1998/99,
as amended.
Section 2. The proceeds of the sale of the bonds
authorized by this resolution, or any bond anticipation notes
issued in anticipation of the sale of said bonds, shall be
deposited in the Capital Projects Fund to the credit of the
Department of Public Works, Division of Buildings, "Main-
Tupper Police Precinct, 1998-99," Account No. 200-402, and
shall be used for the specific object or purpose specified in
Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of$2,500,000.
This resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The building to be partially constructed is of at least
Class "B" construction, as defined by Section 11.00 a. 11 (b)
of the Law and the period of probable usefulness applicable
to the specific object or purpose which the bonds authorized
by this resolution are to be issued is twenty (20) years.
(b) Current funds are not required by the Law to be
provided as a down 1?ayment 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
Page 41
99-0112.txt
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if:
(a) such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b) the provisions of law which should be complied with at
the date of the publication of such resolution are not
substantially complied with, and an action, suit or proceeding
contesting such validity, is commenced within twenty days
after the date of such publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Introduced: January 12, 1999
LAID ON THE TABLE
AYES-BROWN, COPPOLA, FONTANA, FRANCZYK,
GRAY, HELFER, LOTEMPIO, MANLEY, QUITANA,
WILLIAMS, ZUCHLEWSKI-11
NOES-PITTS-1
NO. 86
By: Mr. Franczyk
BOND RESOLUTION
$300,000 BONDS
SENECA-BABCOCK COMM. CTR.
ACCOUNT 200-401
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $300,000 General Improvement
Bonds of said City, to finance the cost of the partial
reconstruction of the Seneca-Babcock Community Center, in
the City, at the estimated maximum cost of $300,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of Three Hundred
Thousand Dollars ($300,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law"); to finance the cost of the
partial reconstruction of the Seneca-Babcock Community
Center, in the City's Lovejoy District. The estimated
maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $300,000, as set forth in the duly
Page 42
99-0112.txt
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended.
Section 2. The proceeds of the sale of the bonds
authorized by this resolution, or any bond anticipation notes
issued in anticipation of the sale of said bonds, shall be
deposited in the Capital Projects Fund to the credit of the
Department of Public Works, Division of Buildings, "Lovejoy
Buildings, 1998-99", Bond Authorization Account No. 200-
402, and shall be used for the purpose specified in Section 1
of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $300,000.
This resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing building to be partially reconstructed is of
Class "B" construction as defined by Section 11. 00 a. 11.
(b) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the
bonds authorized by this resolution are to be issued, within
the limitations of Section 11. 00 a. 12. (a)(2) of the Local
Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if: (a) such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b) the provisions of law which should be complied with at
the date of the publication of such resolution are not
substantially complied with, and an action, suit or proceeding
contesting such validity, is commenced within twenty days
after the date of such publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Introduced: January 12, 1999
LAID ON THE TABLE
NO. 87
Page 43
99-0112.txt
BY: Mr. Franczyk
LANDMARK 923 WASHINGTON STREET
WHEREAS:The Common Council believes that the
Kraus-Beck house at 923 Washington Street merits
landmark status; and,
WHEREAS:The Civil War era cottage is a pristine
example of a German immigrant workers' home and thus
greatly contributes to Buffalo's historic and cultural heritage;
and,
WHEREAS:The region's most respected
preservationists and historians believe 923 Washington
Street merits landmark status, including Robert Kresse, John
Conlin, Dr. William Siener, Director of the Historical Society,
noted author and Prof of History, David Gerber, Tim Tielman
& Sue McCartney, of the Preservation Coalition, Burt
Erickson Nelson, Editor of "Der Volksfreund", The Buffalo-
Dortmund Sister City Committee, and many others.
NOW THEREFORE BE IT RESOLVED:
That the Common Council approves the designation of
923 Washington Street as a local landmark.
RECEIVED AND FILED
AYES-BROWN, COPPOLA, FONTANA, GRAY, HELFER,
LOTEMPIO, MANLEY, PITTS, QUINTANA, WILLIAMS,
ZUCHLEWSKI-11
NOES-FRANCZYK-1
NO. 88
By: Mr. Franczyk
TRANSFER OF FUNDS
FRINGE BENEFITS
MAYOR & EXECUTIVE
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $10,000 be and the same is
hereby transferred from Fringe Benefits and said sum is
hereby reappropriated as set forth below:
From:
81-3-000 Fringe Benefits 51 NYS Police & Fire Retirement
System $10,000
TOTAL$10,000
To:
03-0-001 Mayor & Executive 580 Non-Professional
Personal Services $10,000
TOTAL $10,000
PASSED
AYES-12, NOES-0
NO. 89
By: Mr.Franczyk
INCREASED APPROPRIATION
GENERAL FUND - DEPARTMENTAL REVENUE
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF HOUSING & INSPECTIONS
That, Pursuant to Section 41 of the Charter and the
Page 44
99-0112.txt
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Department
of Community Development, Division of Housing &
Inspections be and the same hereby is increased in the sum
of $25,000.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $25,000 from 100-71-3-404-
81118 Division of Housing & Inspections - Federal Revenue
- Community Development Block Grant to meet this
increased appropriation as set forth below:
To:
100 General Fund
71 - Department of Community Development
3 - Division of Housing & Inspections
011 - Housing & Enforcement
110 - Salaries - Regular $25,000
PASSED
AYES-12, NOES-0
NO. 90
By: Mr. Franczyk
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $50,000 be and the same is
hereby transferred from the Division of Budget and
Management - Planning for Capital Improvements account
and said sum is hereby reappropriated as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
001 - Planning for Capital Projects $50,000
To:
203 Capital Project Fund
401 - Division of Engineering
002 - Niagara Falls Boulevard Reconstruction & University
Heights Pedestrian
Crossing (hire Clough Harbor for design phase) $50,000
PASSED
AYES-12, NOES-0
NO. 91
By: Mr. Franczyk
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $6,000 be and the same is
hereby transferred within the Department of Fire and said
sum is hereby reappropriated as set forth below:
From:
21-0 Department of Fire
085 - Capital Outlays
960 - Special Structures & Fixed Equipment $6,000
To:
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21-0 Department of Fire
085 - Capital Outlays
982 - Operating Equipment $6,000
PASSED
AYES-12, NOES-0
NO. 92
By: Mr. Franczyk
TRANSFER OF FUNDS
COMMUNITY DEVELOPMENT - BOND FUNDS
PUBLIC WORKS - BOND FUNDS
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sums of $247,000 and $1,300,000 be
and the same are hereby transferred from the Department of
Community Development Capital Projects Fund and said
sums are hereby reappropriated as set forth below:
From:
203 Capital Projects Fund
717 - Department of Community Development
002 - Jefferson Ave. Property Acquisition & Site
Improvements $247,000
005 - Apollo Theater Reconstruction $1,300,000
To:
203 Capital Projects Fund
402 - Division of Buildings
505 - Jefferson Ave. Property Acquisition & Site
Improvements $ 247,000
505 - Apollo Theater Reconstruction $1,300,000
PASSED
AYES-12, NOES-0
NO. 93
BY MS GRAY
ORDINANCE AMENDMENT
SALARY AND WAGE SCHEDULE "F"
The Common Council of the City of Buffalo does ordain as
follows:
That part of Subsection A, Section 9 of Chapter 35 of the
Ordinances of the City of Buffalo, relating to Salary and
Wage Schedule "P, Local 2651, is hereby amended to read
as follows:
See Attached Schedule F - Filed in the City Clerks Offices
That this ordinance shall take effect as per the respective
dates on the attached schedules.
REFERRED TO THE COMMITTEE ON CIVIL SERVICES
NO. 94
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
40 - 2 - DEPARTMENT OF PUBLIC WORKS
71 - DEPARTMENT OF COMMUNITY DEVELOPMENT
The Common Council of the City of Buffalo does ordain as
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follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 40 - Department of Public
Works and 71 - Department of Community Development,
under the various subheadings relating to positions listed
below is hereby amended as follows:
FILED IN THE CITY CLERKS OFFICE
NOTE: Old Salaries are in brackets
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 95
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
21 - 0 - DEPARTMENT OF FIRE
023 - DIVISION OF FIRE ALARM TELEGRAPH SYSTEM
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 21 - 0 Department of Fire, -
023 Division of Fire Alarm Telegraph System which currently
reads:
2 Cable Splicer $ 27,505 - $ 31,589
3 Communications Electrician $ 27,505 - $ 31,589
Is hereby amended to read:
5 Communications Electrician $ 27,505 - $ 31,589
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
We, CORNELIUS J. KEANE, COMMISSIONER OF FIRE,
and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby
certify that the above change is necessary for the proper
conduct, administration and performance of essential
services of that department. We recommend that the
compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the proposed position.
CORNELIUS KEANE
Commissioner of Fire
James Milroy
Director of Budget
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
01/06/99 ATTACHMENT
PASSED
AYES-12, NOES-0
NO. 96
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By: Mr. Helfer
DEVELOPMENT OF MAIN-LASALLE HOUSING
PROJECT - VOLUNTARY CLEAN-UP AGREEMENT
Whereas:In July, 1996, the Buffalo Common
Council authorized Mayor Anthony M. Masiello and the City
of Buffalo Department of Community Development to apply
for a loan which would facilitate the development of a
housing project in the Main LaSalle area; and
Whereas:The City of Buffalo subsequently
obtained a Section 108 Housing and Community
Development Loan which would enable this project to
proceed and acquired land formerly owned by Conrail in the
location of the proposed project; and
Whereas:In order to provide clean title and the
best possible building conditions, the City of Buffalo and the
New York State Department of Environmental Conservation
(DEC) have negotiated a Soil Remediation Plan; and
Whereas:This Soil Remediation Plan provides for
the removal of the existing soil in the vicinity of the former
railroad tracks, as well as the replacement of additional fill on
the surface of the quarry which is now occupied by McCarthy
Park; and
Whereas:The Soil Remediation Plan, which was
prepared by URS Greiner, has been incorporated into the
Voluntary Clean-Up Agreement that was negotiated between
the City of Buffalo and the DEC; and
Whereas:The Voluntary Clean-Up Agreement will
provide the best and most suitable development conditions,
protection from future liabilities related to past uses of the
site, and clean title for future owners of this land; and
Whereas:A final draft of the aforementioned
Voluntary Clean-Up Agreement is currently ready to be
signed;
Now, Therefore, Be It Resolved:
That Honorable Anthony M. Masiello, Mayor of the City of
Buffalo, or Joseph E. Ryan, Commissioner of the City of
Buffalo Department of Community Development, in their
official capacities with the City of Buffalo, be authorized to
execute the Voluntary Clean-Up Agreement on behalf of the
City of Buffalo.
ADOPTED
NO. 97
By: Mrs. LoTempio
Councilmember Kavanaugh Excused for Absence
January 12, 1999
Now, Therefore, Be It Resolved:
That Councilmember Barbra A. Kavanaugh is excused
from attendance at the stated Council Meeting on January
12, 1999 as she will be out of town that day.
ADOPTED
NO. 98
By: Mr. Pitts
ENGROSSED COPY OF FELICITATION FOR GEORGE
GATES
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Now, Therefore, Be It Resolved:
That this Common Council authorized an engrossed copy
of an for George Gates at a cost not to exceed 130.00
PASSED
AYES-12, NOES-0
NO. 99
By: Mr. Pitts
ENGROSSED COPY OF IN MEMORIAM FOR RICHARD
OKONIEWSKI
Now, Therefore, Be It Resolved:
That this Common Council authorized an engrossed copy of
an In Memoriam for Richard Okoniewski at a cost not to
exceed $130.00
PASSED
AYES-12, NOES-0
NO. 100
By: Mr. Pitts
UPDATE ON CONTRACT NEGOTIATIONS BETWEEN
AMERICAN ANGLIAN AND LOCAL 264
WHEREAS:The contract negotiations between
American Anglian and Local 264 have been ongoing; and
WHEREAS:The management agreement with
American Anglican stipulated that a contract with the union
be completed by this time; and
WHEREAS:While American Anglican, the City and
Local 264 have developed a working relationship, problems
associated with not having a settled contract have caused a
number of problematic issues to arise; and
WHEREAS:Several of the issues involving the
offering of severance payments, termination of workers and
unfair labor practices filed by the union have left negotiations
potentially ineffective; and
WHEREAS:The Common Council's Taylor Law
Committee is empowered to review and if necessary settle
labor disputes. The present situation involving Local 264
and American Anglican is potentially at an impasse.
NOW THEREFORE BE IT RESOLVED THAT: The
Common Council requests Local 264, Labor Relations and
American Anglican to provide reports on current contract
negotiations.
FURTHER BE IT RESOLVED THAT: The Taylor Law
Committee hold a special hearing and request that each
party appear before the Committee to review information and
answer questions.
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR
LAW IMPASSE, AMERICAN ANGLICAN, AFSCME LOCAL
264 AND THE DIVISION OF LABOR RELATIONS
NO. 101
BY : MR PITTS
KING URBAN LIFE CENTER'S "BLIZZARD BARBECUE"
Whereas:The King Urban Life Center in
conjunction with Americorp volunteers will host a community
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outdoor Blizzard Barbecue to celebrate Dr. Martin Luther
King Jr.'s Birthday; and
Whereas:The "Blizzard Barbecue" event will be
held on Monday, January 18, 1999 on Rich Street between
Genesee Street to Best Street which will be closed to traffic
to accommodate the anticipated large crowd; and
Whereas:Buffalo is a very culturally active
community, and events that encourage diverse community
participation should continue to be supported by the City of
Buffalo.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo direct all
City Departments including but not limited to the Department
of Community Development, Public Works, and Police,
waive all permit fees pertaining to street closures in the City
to be held on Monday, January 18, 1999 from 9 a.m.- 2 p.m..
PASSED
AYES-12, NOES-0
NO. 102
By: Messers. Zuchlewski and Quintana, and Ms.
Kavanaugh
TRANSFER OF CITY PARKLAND TO COUNTY OF ERIE
Whereas:The City of Buffalo's Department of
Human Services, Parks & Recreation has been engaged in
numerous discussions with the County of Erie's Department
of Parks & Recreation regarding the transfer of certain city
parklands to the County for the operation and maintenance
of these parcels of land; and
Whereas:These parklands include the Foot of
Ontario Street, the new Towpath Park at the Foot of Hertel
Avenue, and Broderick Park on Squaw Island; and
Whereas:This proposal is consistent with the
county's involvement in the Riverwalk project; and
Whereas:Entering into such an agreement would
enhance the attempts and efforts being made by the city and
county on consolidation of certain functions;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo requests
the Law Department to draft the necessary documents to
transfer the operation and maintenance of the parcels of
land known as the Foot of Ontario Street, Towpath Park, and
Broderick Park, to the County of Erie's Department of Parks
& Recreation; and
Be It Further Resolved:
That language be stated in these documents to include a
reversionary clause similar to that stated in the agreement
established between the city and the county regarding
Bennett Beach, in that these parcels of land be used only as
parkland; and
Be It Finally Resolved:
That the Department of Public Works be requested to
perform the necessary surveys required for the eventual
transfer of these properties to the County of Erie.
PASSED
AYES-12, NOES-0
NO. 103
By: Mr. Zuchlewski, Mr. Quintana, Mr. Franczyk, Ms.
Gray, Mr. Pitts, Ms. LoTempio, Mr. Fontana, Mr. Helfer,
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Mr. Manley, Ms. Miller-Williams, Mr. Brown, Mr. Coppola,
Ms. Kavanaugh
REQUEST NATIONAL GUARD ASSISTANCE IN SNOW
REMOVAL
Whereas:Since January 3rd, between 3 and 4
feet, depending on location, of Snow have fallen on the City
of Buffalo. The local forecast says little relief is in sight; and
Whereas:The inclement weather shut the City
down on January 4th, as City crews struggled to plow
through snow-clogged streets; and
Whereas:Snow and cold weather in the area have drawn
national attention as the national news media have
highlighted Buffalo's latest gift from another nature; and
Whereas:Despite a strong effort by Streets
Department crews and other City departments, the continuity
of the snowfall has not allowed crews to make a
concentrated effort on side streets; and
Whereas:Even if the weather conditions improve,
there is nowhere left to plow the snow, necessitating an
effort to truck away the snow; and
Whereas:In the past, the local National Guard has
been called upon to assist the City in a variety of emergency
situations, most notably snow removal;
Now, Therefore Be it Resolved:
That the City of Buffalo Common Council requests the
Mayor to seek the assistance of the New York State Army
National Guard in removing snow that has pounded the area
and continues to clog streets in the City of Buffalo.
ADOPTED
NO. 104
BY: Mr. Zuchlewski
DISCRETIONARY USAGE
(CITY OF BUFFALO BANDSHELL)
Whereas:Section 175-1 of the Buffalo City Charter
states "Fees are. hereby established with respect to
licenses, permits and activities required or regulated under
the provisions of various chapters of the Code of the City of
Buffalo;" and
Whereas:The Buffalo Common Council currently
has the authority to waive fees for events using the Parks
Department Bandshell; and
Whereas:The Commissioner of Human Services,
Parks & Recreation has been requested on numerous
occasions to assist individual organizations in waiving the
Bandshell fee; and
Whereas:According to the City Charter, the
Commissioner of Human Services, Parks & Recreation is
required to charge the minimum fee of $400.00 set forth in
the City Charter;
Now Therefore Be It Resolved That:
The Corporation Counsel file their opinion with this
Common Council as to the following questions:
1. Does the Commissioner of Human Services, Parks &
Recreation, have the authority to waive bandshell fees at his
discretion?
2. If not, would the City Charter have to be amended to
grant the Commissioner authority to waive the fees?
3. Would this change in the City Charter diminish the
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powers of the Common Council?
4. Would the amendment have to go to a public
referendum?
Be It Further Resolved That:
The Corporation Counsel file an opinion by January 21,
1999, 2:00pm, in the City Clerks office.
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE COMMISSIONER
OF HUMAN RESOURCES, PARKS AND RECREATION
NO. 105
By: Mr. Zuchlewski, Mr. Fontana
USE OF ROOM 107 OF CITY HALL
Whereas:The city's Water Department recently
relocated from the first floor of City Hall, room 107, to outside
the building, leaving plenty of unoccupied space available
and very accessible to the public; and
Whereas:The Permit Office, License Division,
Zoning Board of Appeals, and the Site Plan Review Office
are all interrelated but scattered on various floors throughout
City Hall; and
Whereas:It would be more user friendly to the
public if these offices were physically located in one area of
City Hall; and
Whereas:With the departure of the Water
Department from City Hall, this space could adequately
house the Permit Office, License Division, Zoning Board of
Appeals, and the Site Plan Review Office, and provide easy
access and be more user friendly to the public because of its
location on the first floor of City Hall;
Now, Therefore, Be It Resolved:
That the Administration be requested to look into the
concept of moving the Permit Office, License Division,
Zoning Board of Appeals, and the Site Plan Review Office
into room 107, the former location of the Water Department,
to make it more user friendly to the public; and
Be It Further Resolved:
That this resolution be referred to the Committee on
Community Development for further review and discussion;
and
Be It Finally Resolved:
That the Departments of Community Development, Public
Works, and Administration and Finance be requested to file
their comments and recommendations with the City Clerk's
office by the next filing deadline of 2:00 p.m. Thursday,
January 20, 1999.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF PUBLIC
WORKS AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
NO. 106
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 SCOTT AND DANIS GEHL
By Councilmember KEVIN J - HELFER
ADOPTED.
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99-0112.txt
NO. 107
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:
IAN LANE
IRENE J. ICIOLVIN
JEFFREY. PIRRONE
JAMES GILES
LISA M. POTTER
NANOY MARTIN
ERMA J. BROWN
DEBORAH MIMS
DALIA DISPENZA
LISA M. PALESH
SARAH M. STIMM
DIANE T. ROETZER
CUHARLEEN M. WILLARD
JAYNE GRIFFIN
RAYMOND W. MILKOWSKI
JENNIFER D. ANGER
JOHN R. HORNBUCKLE
JOHN F. O'DONNELL, JR.
CHRISTOPHER P. WALSH
ROBERT J. GESICKI
JOAN SMITH
BETTY A. PUGH
BARBARA A. O'CONNELL
BARBARA OVERH0FF
CARLA MINGARELLI
CHERYL KOCH
CASSANDRA GILMORE
DOLORES J. WINKOKSKI
SCOTT E. HIRSCH
MARJORIE BARONE
NANCY R. KOWALEWSKI
DENNIS MITUELL
ADOPTED.
NO. 108
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONER OF DEEDS
REQUIRED-PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2000 , conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the
City Clerk:
PAUL V. SULLIVAN
ELI HAZZAN
KELLY MCCARTNEY
SHIRLEY JACKSON
ROBERT MELDRUM
FLORENCE M. HILL
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DEANA LOVALLO
DIANE BANYI
ROBERT BATTAGLIA
FRANK POINCELOT
LINDA KREMPA
EDWIN MARR
PATRICIA RECAPITO
SANDRA HARVEY
CLYDE ESCHBORN
GARY GALANTE
LYNN CARBERRY
SANDRA ORTOLANO
JOHN R. BATTLE
JOSEPH CATANZARO
CHRIS N. CHIODO
MICHAEL K. DIFRANCO
TIMOTHY J. DOLAN
THOMAS GERACIIE
CHRISTINE A. HERRING
JOHN W. HERRITAGE IV
MARTY C. JONES
PHILIP J.,KARASZEWSKI
CHARLES G. MARTHA
ROSEMARY L. MELLING
DAVID L. WAYNE
AUGUSTINE ZOGARIA
DEBBIE RENZONI
CHARLENE BUCINO
CHRISTOPHER TOMASZEWSKI
LAURA RUCZINSKI
PATRICIA A. CAPPELLINO
DIANE M. OEORGE
DENISE MASCI
DIANE L. KACZMAREK
LINDA L. SYPH
DONALD R. WATKINS
WILLIAM E. DILL
LESLIE ANN CRAY
JAMES HILL, JR.
SUSAN A. HUGHES
CHERYL A. KANE
SANDRA L. KARN
JAMES W. MALONE
JILL M. PARISI
PATRICIA J. THOMPSON
GARNELL W. WHITFIELD, JR.
JOYCE WHITMAN
CALVIN G. WORTHY
BARBARA J. ZAK
ELAINE VANDI
JAMES SINGLETARY JR.
PAUL D. ORMSBY
LEONARD JEROZAL
JEANNE M. ARCHILLA
THOMAS A. CHWALINSKI
OLIVIA A. DRAGONE
BARBARA DUK
KATHLEEN J. ELLIS
GLADYS G. HERNDON
CAROLYN A. LENCZYK
WILLIE B. MCLAUGHLIN
PHYLLIS ROSSI
ELIZABETH TIMINERI
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DEBRA A. BLANDO
LUCRETIA C. DENNIS
RICHARD MCDERMOTT
ARINNA NEAL
MILLARD D. PERRY
ANA M. SALAS
LAWRENCE D. SENEAR
VANESSA D. SOLOMON
CHET J. WROBEL
DIANE A. BUKOWSKI
JOAN A. KESNER
DENNIS D. KOZUCH
DORTHEA LARSON
ADOPTED.
UNFINISHED BUSINESS
NO. 109
BOND RES. -$950,000-CITY WIDE-PARK
IMPROVEMENTS
(RES. 111 -C.C.P., DEC. 29, 1998)
Mrs. LoTernpio moved that the above item be taken from
the table.
Seconded by Mr. Quitana
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Helfer
PASSED.
AYES-12, NOES-0
NO. 110
BOND RES. -$500,000-LASALLE PARK
REDEVELOPMENT
(RES. 112-C. C. P, DEC. 29, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Franczyk
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Franczyk
PASSED.
AYES-12, NOES-0
NO. 111
BOND RES. -$300,000-60 HEDLEY PLACE
RESTORATION
(RES. 113-C.C.P., DEC. 29,1998)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Brown
PASSED.
AYES-12, NOES-0
NO. 112
ANNOUNCEMENT OF COMMITTEE MEETINGS
Page 55
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The following meetings are scheduled. All meetings are
held in the Council Chambers, 13th floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 19, 1999 at
9:30 o'clock A.M.
Committee on Finance Tuesday, January 19, 1999 following
Civil Service
Committee on Legislation Tuesday, January, 19, 1999 at
2:00 o'clock P.M.
Committee on Community Development Wednesday,
January 20, 1999 at 10:00 o'clock A.M.
Committee on Education Wednesday January 20, 1999 at
2:00 o'clock P.M. in Room 1417.
Ancillary Meetings
Special Committee on Budget will be meeting on
Wednesday, January 13, 1999, at 10:00 A.M. in Room 1417
City Hall.
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday, January 13, 1999 at 2:00
o'clock P.M. in Room 1417.
Special Committee on A. Philip Randolph will be meeting on
Thursday, January 21, 1999, in the Council President's
Conference room, 1317 City Hall.
Gretchen A. Pound
Council Reporter
NO. 113
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 2:58 PM
CHARLES L. MICHAUX, III
CITY CLERK
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