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98-1229.txt
No. 24
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 29, 1998
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis A. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
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FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard T. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Kevin J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, David A. Franczyk, Beverly Gray, Kevin J. Helfer,
Barbara Miller-Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard T. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis A. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, DECEMBER 29, 1998)
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Czajka,
Franczyk, Gray, Helfer, Kavanaugh, Lockwood,
LoTempio, Pitts, Quintana, Williams and Zuchlewski -
13.
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by Mr.
Czajka, the minutes of the stated meeting held on
December 15, 1998 were approved.
FROM THE MAYOR
NO. 1
REAPPOINTMENT OF MEMBERS TO THE
ELEVATOR SAFETY REVIEW BOARD
Pursuant to the powers vested in me by Chapter 167.3 of
the Buffalo Code, I hereby reappoint the following individuals
to the Elevator Review Board:
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David G. AsmuthNational Elevator Inspection Services
470-C Calm Lake Circle, Rochester NY 14216
John Lydon, R.A.58 Chatham Ave, Buffalo, NY 14216
Frank L. Marks, Jr.Otis Elevator
354 Sonwil Drive, Buffalo, NY 14225
Donald H. WinkleInternational Union of Elevator Const.
3527 Harlem Rd., Buffalo 14225
Peter L. HallSchindler Elevator Co.
227 Thorne Ave. Orchard Park 14127
I hereby certify that the above named individuals are fully
qualified to serve as members of the Elevator Safety Review
Board.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 2
INCREASED PENALTIES, DEMOLITION W/O PERMIT
ITEM NO. 164, C.C.P., OCTOBER 20, 1998
The Buffalo Preservation Board wholeheartedly endorses
the above-captioned resolution with the following additions:
That this Common Council requests that the Corporation
Counsel file an Ordinance Amendment increasing the
penalty for demolition without a permit to a minimum of
$5,000.00, with an additional penalty of $5,000.00 if the
building/property is located within a locally designated
historic district, is a local historic landmark, is listed on the
National Register of Historic Places, or is a National Historic
Landmark.
That a schedule be submitted by said contractor for
demolition as part of the permit process to be
reviewed/approved by the authorizing department;
That monies collected will be used to stabilize "at risk
buildings" in local historic districts or designated local
landmarks as determined by the Commissioner of
Community Development.
If you have any questions, you may contact Thomas W.
Marchese, Board Secretary, at 851-5029.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
NO. 3
ABANDONMENT AND SALE OF PORTION OF
RAILROAD STREET
WATERBEDS AND STUFF (567 EXCHANGE, INC.)
ITEM NO. 23, C.C.P. 7/21/98
Pursuant to Item No. 23, C.C.P. 7/21/98 Your Honorable
Body approved the abandonment and sale of the remaining
portion of Railroad Street approximately 390'x 50' plus or
minus. The abandonment and sale was contingent upon
567 Exchange Street, Inc. (Water Beds & Stuff) obtaining
consents from all adjoining property owners.
One of the adjacent property owners is Conrail. Since it will
take some time to obtain consent from Conrail, 567
Exchange Street, Inc. is requesting that the subject property
be spit into 2 or 3 parcels. This will allow them to purchase a
portion of Railroad Street approximately 262'x 50'at this time.
Mr. Po-Chedley has obtained consent from the only property
owner (387 Hamburg) Estate of Leonard Sawicz adjacent to
the 262' x 50' strip of land. He has advised this office that
567 Exchange, Inc. (Beds & Stuff) would be interested in the
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balance of the parcel, particularly on the western side of the
railroad and will obtain consents from Conrail and any other
adjacent land owners.
The Dept. of Public Works has been contacted and they
have indicated that all of that portion of Railroad Street
(50'wide) extending easterly from the east line of Hamburg
Street for approximately 390'to the west line of former Red
Jacket Street must be closed and abandoned by the
Common Council. Otherwise, we will end up with a
landlocked portion of City Street. Public Works has also
indicated that they have no objections to having the
remaining portion of Railroad Street broken into 2 separate
parcels.
Therefore, the Comptroller's Office, Division of Real Estate is
requesting Your Honorable Body to approve the splitting of
the remaining portion of Railroad Street into 2 parcels. We
are also requesting that Your Honorable Body authorize the
Comptroller's Office, Division of Real Estate, to proceed with
the negotiations of a portion of Railroad Street 262'x 50'to
567 Exchange Street, Inc. (Water Beds and Stuff) at this
time. The official closing and abandonment of Railroad
Street shall be contingent upon the actual filing of each of
the deeds conveying the title from the City of Buffalo to the
new owner. This procedure should protect the City of
Buffalo while allowing Beds & Stuff (578 Exchange Street,
Inc.) to purchase that portion of the right-of-way that they
now control, with the option to purchase the remaining right-
of-way at a later date.
Should Your Honorable Body approve the above request,
the Division of Real Estate will assist the purchaser in
acquiring the property in accordance with Article 21, Section
390 (Discontinuing and Altering Streets) and Article 27,
Section 513 (Sale of Abandoned Real Property) and 514
(Appraisals) of the City Charter. The Comptroller's Office,
Division of Real Estate, will report back to Your Honorable
Body with the results for the final approval of the
abandonment/sale of a portion of Railroad Street.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 4
REPORT OF AUDIT
DEPARTMENT OF PUBLIC WORKS
ERIE BASIN MARINA
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit
copies of the Erie Basin Marina operations for the period
January 1, 1997 to December 31, 1997.
REFERRED TO THE SPECIAL COMMITTEE ON MARINA
TASK FORCE AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
NO. 5
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 four requests for money to finance
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projects 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 $275,000 for Erie Basin Marina Rehab - Phase V,
$500,000 for School #62 Conversion Phase II, $95,000 for
Council Chambers Renovations and $800,000 for Northwest
Academy. The loan will be repaid when Bond Anticipation
Notes or Bonds are issued.
From To Account Repayment Date
100Gen 200 Capital Proj 203-401-003 BAN/Bond Sale
Total $275,000
100Gen 200 Capital Proj 203-402-020 BAN/Bond Sale
Total $500,000
100 Gen 200 Capital Proj 203-402-021 BAN/Bond Sale
Total $ 95,000
100 Gen 200 Capital Proj 299-975-003 BAN/Bond Sale
Total $800,000
Mrs. LoTempio moved:
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 $275,000 for Erie Basin
Marina Rehab -Phase V, $500,000 for School 62 Conversion
Phase 11, $95,000 for Council Chambers Renovations and
$800,000 for Northwest Academy. The loan will be repaid
when Bond anticipation Notes or Bonds are issued.
PASSED
AYES - 13 NOES - 0
FROM THE COMMISSIONER OF ASSESSMENT
NO. 6
BOARD OF ASSESSMENT
REVIEW - MEMBERS
ITEM #139, C.C.P. 12/15/98
The above item was referred to this office for input. The
Board of Assessment Review sits during the months of
January and February of each year to review assessment
challenge applications filed by property owners in December.
The board is composed of five (5) permanent members
appointed for staggered five year terms. This permanent
board is supplemented on an as need basis with temporary
appointees who are appointed to one year terms. It is
imperative that the full complement of members be available
for the start of hearings scheduled to commence on January
4, 1999.
The currently approved temporary board members along
with their first date of service are as follows:
Robert Zielinski January 1993
William Maggio January 1997
Keith Barnes January 1998
The permanent board members with current terms are as
follows:
Edward Herndon 10/1/98 9/30/03
Kevin Hannon 10/1/97 9/30/99
(filled unexpired term of
Dennis Dargavel)
Henry Osinski 10/1/96 9/30/01
Ruthetta Smikle 10/l/97 9/30/02
Coralia Hetzner, 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.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COUNCIL PRESIDENT
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NO. 7
CERTIFICATE OF APPOINTMENT AMENDMENT NO.2
TO CORRECT STARTING SALARY
Appointment Effective October 28,1998 in the Department
of Assessment to the Position of Senior Tax Clerk
Permanent Appointment at the Intermediate Salary of
$25,309
Secret S. Thompson, 67 Madison Street, Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 8
NOTIFICATION SERIAL #9099-9103
INSTALL NO RIGHT TURN
WEST SENECA STREET, EASTBOUND
AT PEARL STREET
REGULATIONS OF TURNS -INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That part of Section 37 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the
following:
REGULATION OF TURNS
STREET West Seneca Street AT INTERSECTION Pearl
Street HOURS at all times DIRECTION east bound
PROHIBITION no right turn
This action is being taken in order to correct an omission of
ordinance dating to the original sign installation to alleviate a
hazardous condition at an intersection of two city streets and
a state off ramp.
NOTIFICATION SERIAL #9100
TRUCK ROUTE DELETIONS
POTTERS ROAD
BETWEEN ABBOTT ROAD AND CITY LINE
TRUCK ROUTE - DELETIONS
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 2 Section 40 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by
deleting there from the following:
TRUCK ROUTE SYSTEM
Potters Road between Abbott Road and the east City Line
is hereby deleted from the City Truck Route System.
This action is being taken on behalf of the District
Councilmember and residents of Potters Road. It is being
done in accordance with, and with the acceptance of, the
New York State Department of Transportation. Abbott Road
and Seneca Street are viable, alternate truck routes that can
service truck traffic entering the City from West Seneca.
NOTIFICATION SERIAL # 9101
TRAFFIC CONTROL SIGNAL - REPEAL
HERTEL AVENUE AT COMMONWEALTH AVENUE
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TRAFFIC CONTROL SIGNAL - 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 Ns action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Hertel Avenue at Commonwealth Avenue
This action is being taken as part of a Federally funded Road
Reconstruction project. The project will include the
modernization of the existing signal system along Hertel
Avenue between Delaware Avenue and Starin Avenue. As
part of this project, all existing intersections contained in the
project area must be analyzed according to Federal and
State standards. This analysis must be performed to
determine if new signals are needed and/or if current
signalized intersections meet Federal/State warrants for the
continued need of a traffic signal. This signal does not meet
any of the current Federal and State warrants for its
continued operation and, therefore should be removed.
NOTIFICATION SERIAL # 9102
TRAFFIC CONTROL SIGNAL - REPEAL
HERTEL AVENUE AT NORTH PARK AVENUE
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Hertel Avenue at North Park Avenue
This action is being taken as part of a Federally funded Road
Reconstruction project. The project will include the
modernization of the existing signal system along Hertel
Avenue between Delaware Avenue and Starin Avenue. As
part of this project, all existing intersections contained in the
project area must be analyzed according to Federal and
State standards. This analysis must be performed to
determine if new signals are needed and/or if current
signalized intersections meet Federal/State warrants for the
continued need of a traffic signal. This signal does not meet
any of the current Federal and State warrants for its
continued operation and, therefore should be removed.
NOTIFICATION SERIAL # 9103
TRAFFIC CONTROL SIGNAL - REPEAL
HERTEL AVENUE AT STERLING AVENUE
TRAFFIC CONTROL SIGNAL - 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
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the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Hertel Avenue at Sterling Avenue
This action is being taken as part of a Federally funded Road
Reconstruction project. The project will include the
modernization of the existing signal system along Hertel
Avenue between Delaware Avenue and Starin Avenue. As
part of this project, all existing intersections contained in the
project area must be analyzed according to Federal and
State standards. This analysis must be performed to
determine if new signals are needed and/or if current
signalized intersections meet Federal/State warrants for the
continued need of a traffic signal. This signal does not meet
any of the current Federal and State warrants for its
continued operation and, therefore should be removed.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 9
1840 WILLIAM STREET
ADDITION WITHIN RIGHT OF WAY
Mr. John Hoffinan, owner of R & J Service, an auto repair
garage, located at 1840 William Street, has requested
permission to construct a small addition to the existing
structure which would encroach city right of way at said
address.
The proposed addition would be used as a storage area and
measure 18 feet in length, 8 feet in height, and project 5 feet
from the building face into city right of way on North Ogden
Street. The proposed addition in no way impedes pedestrian
traffic due to the fact that 30 feet exists between the building
face and curb.
The Department of Public Works has reviewed Mr. Hoffinans
request pursuant to Chapter 413-67 (Encroachment
Regulations) of the City Ordinances and has no objection to
Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2.That the 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 18 feet in length or
project more than 5 feet 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 construction in street bond or certificate of
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insurance which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of
the construction, maintenance, use or removal of said
addition.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 10
77 WEST EAGLE STREET
CONDUIT WITHIN RIGHT OF WAY
Mr. Harold J. Brand, Jr., Executive Assistant for the State
of New York Unified Court System, Eighth Judicial District,
has requested permission to install a conduit within city right
of way on West Eagle Street.
The proposed conduit is necessary to provide an essential
data link connecting the State Supreme Court Chambers
and Courtrooms located at 77 West Eagle to the Network
Center located at 92 Franklin and is part of a statewide
automation effort.
The Department of Public Works has reviewed this request
pursuant to Chapter 413-67 (Encroachment Regulations) of
the City Ordinances and has no objection to Your Honorable
body authorizing the Commissioner of Public Works to issue
a "Mere License" for said installation provided the following
conditions are met:
1.That the applicant obtain any and all other City of Buffalo
permits necessary for installation.
2.That the conduit be installed at a minimum depth as
directed by the Commissioner of Public Works.
3.That the applicant supply the Department of Public Works
with a set of "as built' plans showing the location of said
conduit.
4.That the applicant supply the Department of Public Works
with a $5,000 construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising Out Of
the construction, maintenance, use and removal of said
conduit.
Mrs. LoTempio moved:
That the communication from the Commissioner of Public
Works, dated December 21, 1998, be and hereby is received
and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue a "Mere License" for installation of a
conduit within city right-of-way on West Eagle Street to
Harold J. Brand, Jr., Executive Assistant for the State of New
York United Court System, Eighth Judicial District. The
proposed conduit is necessary to provide an essential data
link connecting the State Supreme Court Chambers and
Courtrooms located at 77 West Eagle to the Network Center
located at 92 Franklin and is part of a statewide automation
effort and that a copy of the communication be forwarded to
the Office of Telecommunications.
PASSED
AYES - 13 NOES - 0
NO. 11
CHANGE IN CONTRACT
KING URBAN LIFE CENTER
EARLY CHILDHOOD CENTER
GENERAL CONSTRUCTION
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I hereby submit to Your Honorable Body the following
changes for the King Urban Life Center, Early Childhood
Center, General Construction, All State Development, Inc., C
#91941100.
1 . Omit steel bollard. Deduct $ 450.00
2. Revise steel light bracket. Add $5,222.40
3. Install infill framing and gypsum board at wall
openings in four (4) turrets. Add $ 438.37
4. Revise reception desk to include window. Add $
968.00
5. Repair plaster at Vestibules 122 & 123 and Passage
136. Add $1,200.00
6. Install new handrails at Genesee St. entrance stairs.
Add $6,897.00
7. Install oak edge at platform, steps and ramp.
Add $2,783.00
8. Repair walls at toilet relocations. Add $ 350.90
9. Omit remainder of construction contingency
allowance.Deduct $6,538.73
The foregoing change results in a net increase in the
contract of Ten Thousand Eight Hundred Seventy and
94/100 Dollars ($10,870.94).
Summary: Original Amount of Contract $197,000.00
Amount of This Change (No. 1) Add $ 10,870.94 Revised
Amount of Contract $207,870.94
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Hamilton, Houston, Lownie, Architects) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in 203-402-502
Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public
Works, dated December 22, 1998, be received and filed; and
That the Commissioner of Public Works be, and he hereby
is, authorized to issue change order No. 1, to All State
Development, Inc., C #91941100, an increase in the amount
of $10,870.94 as more fully described in the above
communication, for work relating to the King Urban Life
Center - Early Childhood Center for general construction.
Funds for the project are available in 203402-502 - Division
of Buildings.
PASSED
AYES - 13 NOES - 0
NO. 12
CHANGE IN CONTRACT
KING URBAN LIFE CENTER
EARLY CHILDHOOD CENTER
ELECTRICAL WORK
I hereby submit to Your Honorable Body the following
changes for the King Urban Life Center, Early Childhood
Center, Electrical Work, Goodwin Electric Corp., C
#91940700.
1 Install (9) new video jacks and (4) duplex receptacles.
Add $1,915.00
2. Install key switches for main high bay fixtures.
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Add $40.00
3. Install new basement panel. Add $1,572.00
4. Omit work in Room 113. Deduct $ 800.00
5. Miscellaneous field changes as directed by
Consulting Architect. Add $1,435.00
6. Remove existing concealed light fixtures at new
light truss locations. Add $1,150.00
7. Delete the utility cost allowance. Deduct $2,000.008
8. Delete the construction contingency allowance.
Deduct $5,000.00
The foregoing change results in a net decrease in the
contract of One Thousand Six Hundred Eighty Eight and
00/100 Dollars ($1,688.00).
Summary Original Amount of Contract $264,250.00
Change Order No. 1 (CCP 9/8/98, #64) Deduct $ 6,650.00
Amount of This Change (No. 2) Deduct $ 1,688.00
Revised Amount of Contract $255,912.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Hamilton, Houston, Lownie, Architects) and the
Department of Public Works and found to be fair and
equitable. Funds for this work to be credited to 203-402-502
Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Public
Works, dated December 22, 1998, be received and filed; and
That the Commissioner of Public Works be, and he hereby
is, authorized to issue change order No. 2, to Goodwin
Electric Corp., C #91940700, a decrease in the amount of
$1,688.00 as more fully described in the above
communication, for work relating to the King Urban Life
Center - Early Childhood Center for electrical work. Funds
for the project are to be credited to Division of Buildings -
203-402-502.
PASSED
AYES - 13 NOES - 0
NO. 13
CHANGE IN CONTRACT
KING URBAN LIFE CENTER
EARLY CHILDHOOD CENTER
PLUMBING WORK
I hereby submit to Your Honorable Body the following
changes for the King Urban Life Center, Early Childhood
Center, Plumbing Work, H B Plumbing, Inc., C #91939400.
1.Relocate (2) new toilets from Rooms 128 and 113 to
Rooms 129 and 111 Add $2,563.00
2.Delete the construction contingency allowance from the
contract. Delete $1,000.00
The foregoing change results in a net increase in the
contract of One Thousand Five Hundred Sixty Three and
00/100 Dollars (-$1,563.00).
Summary Original Amount of Contract $ 89,730.00
Change Order No. 1 (CCP 7798, #28) Add $ 1,986.00
Amount of This Change (No. 2) Add $ 1,563.00 Revised
Amount of Contract $ 93,279.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Hamilton, Houston, Lownie, Architects) and the
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Department of Public Works and found to be fair and
equitable. Funds for this work are available in 203-402-502
Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. moved:
That the communication from the Department of Public
Works, dated December 22, 1998, be received and filed; and
That the Commissioner of Public Works be, and he hereby
is, authorized to issue change order No. 2, to H B Plumbing
Inc., C #91939400, an increase in the amount of $1,5 63. 00
as more fully described in the above communication, for
work relating to the King Urban Life Center - Early Childhood
Center for additional plumbing work. Funds for the project
are to be charged to Division of Buildings - 203-402-502.
PASSED
AYES - 13 NOES - 0
NO. 14
ERIE BASIN MARINA
Attached please find the "Monthly Summary of Gross
Revenues" reported from the Rhino Room, for the Hatch
Restaurant, Ga7ebo and Tower, for the months of
September and October 1998.
This report is required as per Section 6, paragraph e (ii) of
the City's lease agreement with the Rhino Room (Operator
of the Hatch).
REFERRED TO THE SPECIAL COMMITTEE ON MARINA
TASK FORCE
NO. 15
PARKING ON HARTWELL ROAD
ITEM NO. 140, C.C.P. 12/15/98
The referenced resolution was referred to this department
for comment. In July this office received a petition from the
residents of Hartwell Road between Delaware and Virgil
requesting that parking be allowed on both sides of the
street after 4:00 p.m. As a result of this petition, this
department filed Serial Numbers 9053 and 9054 with the
Common Council. This item was approved on September 8,
1998.
We are now presented with a petition requesting that two-
sided parking be eliminated. I have asked our Traffic
Engineer to look at the situation and determine what
regulation is best for this block.
Once his assessment is made, we will file proper serial
numbers to the Common Council should that be necessary.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
PERMISSION TO ENGAGE THE SERVICES OF A
CONSULTANT ENGINEER FOR DESIGN AND
CONSTRUCTION INSPECTION FOR MARINE DRIVE
GROUP NO. 490
I hereby request Your Honorable Body's permission to
engage the services of a consultant engineer to prepare
plans, specifications, receive bids, and construction
inspection for the reconstruction for the following street:
Marine Drive - From Erie Street to Main Street
Page 12
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Funds for the planning are available in the reserve for
Capital Project Account number 200-061-001.
Construction Estimate $ 900,000.00
Design & Construction Inspection $ 200,000.00
Total $1,100,000.00
REFERRED TO THE COMMITTEE ON FINANCE
NO. 17
PERMISSION TO HIRE CONSULTANT
UPDATE - COMPUTERIZE INDEX OF PAVED STREETS
BRIDGE INVENTORY AND BRIDGE CLEARANCE
Permission is requested from your Honorable Body to hire
an engineering software consultant to update and
computerize our Index of Paved Streets, Bridge Inventory
and verify Bridge Clearances. This was last done manually
in 1994 and with the number of overlays done in recent
years our current information is outdated and in a
cumbersome format.
Funds for this work are available in our Capital Project
Account #200-401-564 and are not expected to exceed
$15,000.
REFERRED TO THE COMMITTEE ON FINANCE AND
THE COMPTROLLER
NO. 18
REFUNDS OF OVERCHARGES
FROM NIAGARA MOHAWK
Please be advised that we have accepted refunds of
overcharges from Niagara Mohawk for the following
accounts.
North Americare Park $4,439.79
Pratt Lambert Park $ 752.70
Water Barricks $1,058.81
Broderick Park $ 191.24
Schiller Pool $1,019.96
Centennial Pool $ 598.01
Sheas Buffalo Theater $1,424.49
Parks Department Barns $1,678.71
Trinidad Park $7,918.66
The refunds were for overcharges due to incorrect demand
reads or incorrect rate classifications over the past six years.
These over billings were discovered during audits conducted
by our consultants Troy & Banks, Inc.
We are due refunds from at least three other accounts. The
amount of the refunds are still being negotiated.
REFERRED TO THE SPECIAL COMMITTEE ON THE
MUNICIPALIZATION OF ELECTRIC SERVICES
NO. 19
WATERMAIN BREAK -- SHERMAN
AND PECKHAM STREETS
ITEM NO. 151, C.C.P. 12/1/98
The referenced item was adopted by the Common Council
and referred to this department. On Tuesday, November 24,
1998 at approximately 11:30 a.m. the Division of Water was
notified of a leak on a watermain at the intersection of
Sherman and Peckham. A crew was dispatched to the
location within the hour. It was the determination of that
crew that the leak was a minor seam leak on a 36 inch
cross. Based on the information presented and considering
that a holiday week-end was approaching, the decision was
Page 13
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made to schedule repairs for the following Monday,
November 30, 1998. On November 25, 1998 the Division of
Water was notified that the line had ruptured and that a
major flood was occurring in that neighborhood. Crews were
immediately sent to the site to begin the process of shutting
down two 36 inch mains that crossed at that intersection.
The mains were completely shut down at approximately 4:00
a.m. on November 26, 1998. American Anglian
Environmental Technologies (AAET), who manage the
system under contract to the Buffalo Water Board,
immediately began the process of cleaning the area,
securing the site, and making plans to repair a 36 inch plug
that had separated from the line.
The Council resolution has asked that a committee be set up
to monitor and satisfy claims for this event. It is my
understanding that AAET, through its insurance company,
Travelers Insurance has handled most if not all of its claims
associated with this break. However, should the Council
wish to establish such a committee, a representative from
AAET and this department would be more than happy to
serve on that committee. Should the Council be aware of
any resident of that area who has not received a satisfactory
settlement, please notify this office. Attached is a recap of
claims that have been settled to date and those that are still
in the process through Travelers Insurance.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF POLICE
NO. 20
CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00108596 183B-BF-1135 $ 1,421.54
TOTAL DEPOSIT $1,421.54
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. 21
CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00108723 C2-97-0005 $3,318.64 8155-00108735 C2-
97-0039 3,438.60
8155-00108731 C2-98-0064 877.80
8155-00108727 C2-98-0082 1,029.60
8155-00108719 C2-98-0095 1,516.20
8155-00108721 C2-98-0098 1,225.20
8155-00108729 C2-98-0105 1,914.60
TOTAL DEPOSIT $13,320.64
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.
Page 14
98-1229.txt
NO. 22
PERMISSION TO ACCEPT VARIOUS GRANTS
AWARDED TO DEPARTMENT LISTED BELOW AND
APPROVAL FOR APPROPRIATE INTERFUND CASH
LOANS
As you are aware, the Buffalo Police Department has been
very successful in securing grant funding through various
sources over this last year. We have finally received official
verification and confirmation from the County, State and
Federal Governments as to these awards. Therefore, in
order to keep within the practices of our grant processing,
we are asking permission from your Honorable Body for the
Mayor to enter into the contracts listed below. In addition,
we are also requesting, as is our standard practice, that your
Honorable Body authorize the Comptroller to provide for an
interfund cash loan for all non- personnel expenses until
such reimbursements are secured by the funding source
(County, State "Feds"). We have listed the amounts under
each perspective grant and each loan would then be repaid
as the reimbursements are sent to the City under the
individual grant programs.
Because of the bureaucratic procedures involved with
processing our grants, we are respectfully asking that these
items be approved at the Council's December 22nd meeting.
Delayed information, budgets and contracts at these
government levels, often times beyond the City's control,
have created a pressing situation for the processing of the
required paperwork. Some of these grants involve
confidential funds, equipment, etc. and it is imperative that
we spendout the funding prior to the end of the grant's fiscal
year, and in most cases, because of the lengthy processing,
we are constantly faced with time constraints (most pressing
at this point: Aid To Law Enforcement and STOP DWI).
Therefore, we would appreciate your approval at the next
meeting.
STOP DWI Grant Program We are requesting authorization
for the Mayor to enter into the 1998 renewal agreement
between the City of Buffalo and the County of Erie under the
STOP DWI Grant Program for the period January 1, 1998
through December 31, 1998. The City of Buffalo and the
County of Erie have had these annual contractual
agreements over the last several years whereby the City is
reimbursed for efforts in the enforcement of alcohol and/or
related traffic violations. Under this agreement, the City will
be reimbursed by the County for up to 65% of all revenue
generated from fines levied resulting from the disposition of
alcohol related traffic offenses. These funds are then utilized
to continue enhancing the Department's DWI enforcement
activities. Under this particular grant, there is no City Match
and no interfund cash loan request.
AID TO LAW ENFORCEMENT - The City has been awarded
a renewal grant in the amount of $652,998 from the
Department of Criminal Justice Services for the period
4/1/98 through 3/31/99. Under this grant, the Department
will continue with the current program which provides case
enhancement for the arrest and conviction of offenders who
commit violent felonies and/or who otherwise fall under the
definition of career criminal (as specified under the grant)
because of their previous criminal history. For this renewal
and has been our past practice, we are requesting that your
Honorable Body also authorize an inter-fund cash loan in the
amount of $96,079 as a cash advance for all departmental,
Page 15
98-1229.txt
non-personnel expenses until such reimbursement is
secured from the State. ($12,500 confidential funds, $1,210
travel/training, $22,000 for equipment: global tracking device
and $60,369 CPS Lab Chemist position). The loan would
then be repaid as the reimbursements are sent to the City
from the State under this grant project. There is no City
Match involved with this grant.
COMBAT/GANG SUPPRESSION - The City has been
awarded two renewal grants, each amounting to $164,000,
by the Department of Criminal Justice Services of Criminal
Justice Services for the period 10/1/98 through 9/30/99
(DCJS 197 funds) and for the period 10/1/99 through
9/30/2000 (DCJS 198 funds). Under this grant, the
Department will continue with the current program which
provides a dedicated gang suppression detail on both the
City's East and West Sides. The officers working this special
initiative target gang members that have been arrested for
both gun and drug offenses and work with the District
Attorney to ensure that these cases are tracked throughout
the criminal process to ensure full prosecution. In addition,
these officers work closely with patrol officers by collecting
and disseminating intelligence information to increase the
number of gang member arrests (especially those involving
weapons) . The State is processing both renewals under one
contract; therefore we are requesting permission for the
Mayor to enter into the one contract covering both fiscal
years.
The funding is going toward personnel reimbursement only,
therefore an interfund cash loan is not required. The City's
matching portion, covering command officers/supervisors in
the amount of $54,757 for both the 197 funds and also, the
198 funds.
NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD
PREVENTION GRANT - Recently the City of Buffalo was
awarded $200,000 under the State's Motor Vehicle Theft and
Insurance Fraud Prevention Program. We are requesting
authorization for the Mayor to enter into an agreement
between the City of Buffalo and the Division of Criminal
Justice Services for the period September 1, 1998 through
December 31, 1999. Under this grant project, the
Department will decrease the incidence of automobile thefts
and correlated crimes by enhancing the quality of arrests
through training, undercover operations and the full-time
dedication of a prosecutor assigned to the District Attorney's
Office. This effort will combine aggressive law enforcement
and partnerships within the community and the District
Attorney's Office for prosecuting these cases as felonies with
no plea bargains or dismissals. We are also requesting an
interfund cash loan for all non-personnel expenditures in the
amount of $94,725 as a cash advance for all departmental,
non-personnel expenses ($1940 equipment: cellular phones,
$2,650 supplies: video/audio tapes, batteries, etc., $90,135
to cover salary/fringes of an Assistant District Attorney until
such reimbursement is secured from the State. ; the balance
of funding covers overtime for BPD personnel, totaling
$105,275. The loan would then be repaid as the
reimbursements are sent to the City from the State under
this grant project. There is no City Match involved with this
grant.
DRUG INTERDICTION/IPOINTS OF ENTRY (POE) - We
are requesting authorization for the Mayor to renew our Drug
Interdiction/Points of Entry Grant Program between the City
of Buffalo and the New York State Division of Criminal
Page 16
98-1229.txt
Justice Services for the period December 1, 1998 through
November 30, 1999. The renewal funding, totaling
$130,325, will allow the Department to continue with the
current drug interdiction project which is an intra-agency,
cooperative alliance between our Department, the
Cheektowaga Police Department, the Niagara Frontier
Transit Police and the County's Central Police Services
Laboratory. Drug interdiction investigations will be
maximized to interrupt the flow of drugs (especially around
airport and bus terminal) and a concentrated effort will
continue to be geared toward the middle to higher level drug
suppliers. we are also requesting an interfund cash loan for
all non-personnel expenditures in the amount of $9,090 as a
cash advance for all departmental, non-personnel expenses
($9,090
equipment: cellular surveillance transmitter,
receiver/recorder/batteries) until such reimbursement is
secured from the State. The City's matching commitment is
$47,726 and will be covered through a quarter of the salary
of 4 undercover detectives who make-up the POE team.
The personnel reimbursement under this grant to the City,
covering overtime, totals $121,235. The loan would then be
repaid as the reimbursements are sent to the City from the
State under this grant project.
In addition, the State is also renewing our contract with the
NFTA. As you are aware from previous approvals, the City
of Buffalo acts as a conduit agency to receive funds
earmarked for the NFTA Police Department as federal
statutes and regulations prohibit the direct transfer of grant
monies to any agency that is not a "taxing entity." Like our
COMBAT grant, we have been notified that the City will be
awarded two renewal grants on behalf of the NFTA, each
amounting to $49,145 by the Department of Criminal Justice
Services of criminal Justice Services for the period lo/l/98
through 9/30/99 (DCJS f97 funds/NFTA's Year 6) and for the
period lo/l/99 through 9/30/2000 (DCJS 198 funds/NFTA's
Year 7). Your Honorable Body has already approved entry
into the agreement for Year 6 (CCP #57/7/21/98 meeting),
however, since they have now decided to incorporate Year 7
within the same contract, we need your permission covering
the period lo/l/99 through 9/30/2000. Under our renewal
agreement that will be drawn up with the NFTA for both
these years, we will forward the $49,145 per fiscal year to
the NFTA as their share of grant funding.
GOVERNOR'S TRAFFIC SAFETY - Once again, the City of
Buffalo has been awarded $18,900 in renewal grant funding
under the Governor's Traffic Safety Grant Program through
our participation with the County of Erie's Governor's Traffic
Safety Regional Planning Committee. Through this project,
a heavy emphasis will be placed on speed enforcement
which has been determined regionally by this committee as
a major problem (whereby the City of Buffalo is represented
as are the surrounding suburbs). The grant, which will
purchase updated radar equipment for speed enforcement,
will span the period of October 1, 1998 through September
30, 1999. For this renewal and as it has been our past
practice, we are requesting that your Honorable Body
authorize our entry into this grant project, and in addition,
authorize the Comptroller to provide an inter-fund cash loan
in the amount of $18,900 as a cash advance to purchase the
radar equipment. There is no City Match involved with this
grant.
Again, we are asking for permission for the City to accept all
Page 17
98-1229.txt
of these awards, and also, authorization for the requested
interfund cash loans. We are finding the processing of grant
information more and more difficult due to the complexity of
the different processes stipulated by Local, County, State
and Federal Governments. We try to secure all the required
information in a timely manner, however, the reality is that
always does not happen, and as a result, we find ourselves,
as in this filing, having to process things extremely quickly
and asking for your cooperation in helping us to achieve this
end.
If you have any questions or require additional information,
please contact Chief Kevin J. Comerford or Maureen Oakley
at ext. 4475.
Thank you for your immediate attention to all of the above.
Mrs. LoTempio moved:
That the above communication from the
Commissioner of Police dated December 15, 1998, be
received and filed; and
That the Commissioner of Police be, and he
hereby is authorized to accept various above listed grants
awarded to the City of Buffalo and that the Comptroller be,
and he hereby is, authorized to make the appropriate
interfund cash loans for the various programs.
PASSED
AYES-13. NOES-0.
FROM THE CORPORATION COUNSEL
NO. 23
DEADLINE FOR STAR PROGRAM
ITEM NO. 137, C.C.P., 12/15/98
You requested the Law Department to prepare a
local law extending the deadline for filing New York State
Tax Relief (STAR) exemption applications to February 8,
1999 for the 19992000 school year. This communication is
to inform you that a local law is not required to extend the
deadline.
The legislation enacted by the Governor
automatically extended the City of Buffalo's deadline to
March 1, 1999. By action of the Council, that deadline could
be set for a date earlier than March 1, 1999, but not earlier
than February 5, 1999. The resolution adopted by the
Council (Item No. 137, C.C.P., 12/15/98) specified that
February 8, 1999 was the new deadline. That is sufficient to
meet the requirements of the legislation and a local law is
not necessary.
RECEIVED AND FILED.
NO. 24
REVIEW OF NOMINEES FOR BOARD OF
ASSESSMENT REVIEW
C.C.P., 12/15/98, NO. 139
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of December 18, 1998) that the following
nominees for Board of Assessment Review have no
outstanding debts to the City:
Coralia Hetzner
Page 18
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RECEIVED AND FILED.
NO. 25
REVIEW OF NOMINEES FOR BUFFALO
WATER BOARD
C.C.P., 12/15/98, NO. 3
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of December 18, 1998) that the following
nominees for the Buffalo Water Board have no outstanding
debts to the City:
Patrick H. Wesp
Ronald A. Carnevale
Victoria J. Saxon
Warren K. Galloway
John R. Sole
RECEIVED AND FILED.
NO. 26
REVIEW OF NOMINEES FOR
BROADWAY MARKET BOARD
C.C.P., 12/1/98, NO. 1
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of December 18, 1998) that the following
nominees for the Broadway Market Board have no
outstanding debts to the City:
Peter Cammerata
RECEIVED AND FILED.
NO. 27
REVIEW OF NOMINEES FOR BUFFALO
PRESERVATION BOARD
C.C.P., 12/15/98, NO.1
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of December 18, 1998) that the following
nominees for the Buffalo Preservation Board have no
outstanding debts to the City:
Arlette Klaric
RECEIVED AND FILED
NO. 28
REVIEW OF NOMINEES FOR BUFFALO
PRESERVATION BOARD
C.C.P., 12/15/98, NO. 2
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of December 18, 1998) that the following
nominees for the Buffalo Preservation Board have no
outstanding debts to the City:
Paul Carroll
Margaret Strasner
RECEIVED AND FILED.
NO. 29
ENSURE SAFETY OF FRANCZYK PARK
ITEM NO. 143, C.C.P. 12/1/98
In response to concerns expressed in the Common
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resolution "Ensure Safety of Franczyk Park", be advised that
the Environmental Office continues to work toward protecting
public health and the environment with regard to possible
contamination issues at Franczyk Park.
To that end:
1)Two rounds of sampling and three rounds of
testing have now been conducted in and for
areas of the park of greatest apparent concern;
2)The two areas in the park where tests have
learned the potential for human contact have
been protectively fenced as testing has
proceeded;
3)In order to determine the park-wide potential for
contact with arsenic, a new round of 100 surface
and near sub-surface samples has been
collected this week from throughout the park.
These samples are being evaluated on a priority
basis, with results due next week;
4)City environmental staff continues to fully inform
and consult with the New York State Department
of Health and the New York State Department of
Environmental Conservation in this regard;
5)To date, while there is concern regarding high
arsenic which have been found in limited areas
of the park, there is currently no known route for
human contact with or direct exposure to arsenic
in the park;
6)To fully understand contamination that may be
present at the park, further testing and
evaluation may be required, depending on what
is learned from on-going study;
7)The Environmental Office will continue to work
with consultants, the State Health and
Environmental Conservation Departments, with
the community, and with the Common Council in
this regard;
8)The guiding purpose and end goal of City of
Buffalo Measures continues to be protection of
human health and the environment, and it is
toward that end that the Environmental Office's
ongoing effort is directed.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 30
FRANCZYK PARK
ENVIRONMENTAL INVESTIGATION
The Department of Community Development
hereby requests additional funds to conduct further chemical
analysis of contaminants detected at Franczyk Park. The
additional analysis could assist in identifying potentially
responsible parties for the contamination on-site. Estimated
cost of this work is $1,000.
The funds for this work are available in Bond Fund
Account No. 202-717-005.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development, dated December 11, 1998, be
received and filed; and
That the Commissioner of Community
Development be, and he hereby is authorized to obtain
additional funds to conduct further chemical analysis of
contaminants detected at Franczyk Park. Estimated cost of
Page 20
98-1229.txt
this work is $1,000. The funds for this work are available in
Bond Fund No. 202-717-005.
PASSED.
AYES-13. NOES-0.
NO. 31
LEASE WITH OPTION TO PURCHASE
379 GENESEE STREET
The Department of Community Development,
Division of In-Rem Properties has received a request from
Mr. Joseph Cox, attorney representing AC Enviro Laundry
Services, Inc., 379 Genesee Street, to lease the above
captioned property. The property was acquired by the City
of Buffalo from Erie County In Rem #154, in June of this year
and AC Enviro Laundry is a holdover tenant. The property
consists of a commercial two story, 8,000 square foot
building, situated on a lot 50' x 150' with a piece 75' x 142'.
The lessee has agreed to the following terms and conditions:
1.Lessee will pay Four Hundred Dollars ($400.00)
per month for a period of three (3) years, beginning on the 1"
of December 1998 and ending on the 3oth day of November
2001.
2.Lessee will pay and be responsible for all gas,
electric and water charges
3.Lessee will provide the City of Buffalo proof of
general liability insurance, holding the City of Buffalo
harmless from accident or injury which may occur from their
use and occupancy of the premises, (type and amount to be
determined by the Corporation Counsel).
4.Lessee shall make all necessary exterior and
interior repairs and maintain in good condition during their
occupancy of the premises.
5.The lessee shall have an option to purchase the
property during the lease term. Purchase price to be
determined by Real Estate appraisal at the time of the option
is exercised.
I am recommending that Your Honorable Body
approve the request to lease the property at 379 Genesee
Street to AC Enviro Laundry Services, Inc. upon the above
stated terms and conditions. I am further recommending
that the Corporation Counsel prepare the necessary
documents and that Mayor be authorized to execute the
same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 32
MONTHLY REPORT OF LICENSES ISSUED IN
OCTOBER AND NOVEMBER 1998
I am respectfully submitting the enclosed report of licenses
issued in the months of October and November 1998 by the
Division of Inspections, Licenses and Permits.
RECEIVED AND FILED.
NO. 33
423 NORTH DIVISION STREET - EDNA OVERTON
In response to 423 North Division Street, our records
show this address in the Ellicott Village, was built by MJ
Peterson/Forbes. The property was sold to Edna Overton
and closed on 1/17/95 for $83,876, with an A.H.C. $20,000
subsidy.
The Department of Community Development's New
Page 21
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Construction staff spoke to Mr. Dennis Penman on
December 14, 1998 (see attached). Mr. Penman's position
to replace the columns in question with like in kind or $150
remains the same. He will not replace them with wrought
iron columns.
A telephone call came into the office from Dan, the
estimator from Bison Iron & Step, who first witnessed the
columns deterioration. Dan's position now is that he is not
qualified to judge termite damage. Dan's stated, "... that in
his ten years experience in replacing columns and hand rails
in the immediate area, he has never seen a termite or any
damage from them".
Our new Construction Department's position on this
matter is, after checking the limited warranty for this home,
the facing or trim on these columns is not covered under the
warranty time line. It is not structured. The columns are
constructed as such, a 4x4 post imbedded in a concrete
porch cap or 2 - 2x4's of pressure treated wood laminated
together supporting the porch roof (this being the bearing
points). The 1x6 trim board is decorative in nature and not
load bearing. This U6 trim is the wood in question.
As we can only speculate on this matter, we hesitate
to comment any further. We were not asked to participate
until now. Please note attachments regarding this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 34
P.I.L.O.T. AGREEMENT
437 TONAWANDA/AUSTIN MANOR
The Austin Manor apartment complex, located at
437 Tonawanda Street will consist of 20 one-bedroom and 4
two-bedroom units of safe, decent, affordable rental housing
primarily for extremely low and very low-income blind and
visually impaired tenants.
On December 15th, 1998, this honorable body
approved the use of HOME funds to assist in this project's
construction. The following is a recap of the project's budget
and principals.
FUNDING SOURCES
$1,646,964 LHIC investor proceeds (KLHITC, Corp.)
860,982 HTF low-interest loan (NYS)
125,000 HOME CHDO funds (Black-Rock Riverside
NHS)
642,690 HOME loan (BURA)
93,294 BAWNY
$3,368,930
Owner: Austin Manor Housing, L.P.
Developer: Blind Association of Western New York
Contractor: ADF Construction, Corp.
Architect: Clinton Brown Company Architecture, P.C.
Mngment Agent: Belmont Shelter Corp.
As reviewed with the Common Council on December
15'h, a P.I.L.O.T. Agreement has been negotiated with the
project's developers. The terms have been approved by the
Department of Community Development, Department of
Assessment, and the Department of Law. The terms will be
$4,800 payment due the first year, with a 3% increase each
Page 22
98-1229.txt
year through year 12, years 13 & 14 at 20% of full
assessment, years 15 & 16 at 40% of full assessment, years
17 & 18 at 60% of full assessment, years 19 & 20 at 80% of
full taxation, with 100% of full assessment beginning in year
2 1 (NOTE: This PILOT was negotiated prior to Council's
adoption of the joint City/County policy). This payment
schedule has also been approved by Richard Tobe,
Commissioner, Department of Environment and Planning,
County of Erie.
Therefore, I am respectfully requesting approval to
implement the P.I.L.O.T. Agreement for this project with the
terms outlined above.
Mrs. LoTempio moved:
That the above communication from the
Commissioner of Community Development, Division of
Neighborhoods, dated December 18, 1998, be received and
filed; and
That the Commissioner of Community
Development be, and he hereby is authorized to implement
the P.I.L 0.T. Agreement for the Austin Manor apartment
complex, located at 437 Tonawanda Street, with the terms
outlined in the above communication.
PASSED.
AYES-13. NOES-0.
NO. 35
REQUEST FOR TRANSFER OF REAL PROPERTY TO
BUFFALO NEIGHBORHOOD REVITALIZATION
CORPORATION IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF THE CITY OF BUFFALO HOME
OWNERSHIP ZONE
As this Honorable Body is aware on October 1,
1996, the City of Buffalo, did submit to the United States of
America Department of Housing and Urban Development
(hereinafter referred to as HUD), a "Response to Notice of
Funding Availability for Economic Development together with
a HUD Section 108 Loan Guarantee (hereinafter collectively
referred to as the "Home Ownership Zone") for the
redevelopment of the City of Buffalo's Ellicott Council District
and the construction of quality affordable single family units
together with the development of owner occupied residential
subdivisions/neighborhoods.
And as this Honorable is further aware HUD did
approve the Home Ownership Zone Grant, on April 8, 1997
together with making available the funding for various
acquisition, demolition, infrastructure, construction cost, site
development cost as well as subsidy grants to qualified
purchasers, all intended to be used in conjunction with other
additional City of Buffalo funds and/or services.
In an effort to assist Buffalo Neighborhood
Revitalization Corporation ("BNRC") in effectively carrying
out the necessary land assemblage for the proposed
residential subdivisions/neighborhoods and the construction
of new housing units, it is hereby requested that the real
property identified in Exhibit "A", attached hereto and made
a part hereof (the "Property") be transferred and conveyed
form the City of Buffalo to BNRC.
The Property shall be assembled together with other real
property acquired by BNRC in accordance with the Home
Ownership Zone for proposed residential
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subdivisions/neighborhoods. This effort is necessary and
appropriate to avoid the past practice of in-fill new housing
and provides the impetus of gauging the redevelopment
efforts not in the number of units constructed but in the
overall quality of the neighborhoods being rebuilt.
Utilizing the funds allocated to BNRC through the
Administrative Agreement made as of March 26, 1997 by
and between The Federal Enterprise Community of Buffalo
and BNRC, which agreement is incorporated herein by
reference, BNRC is prepared to pay the City of Buffalo up to
One Thousand and 00/100 Dollars ($1,000.00) per buildable
lot.
I have taken the liberty of preparing and attaching
the appropriate Resolution for your attention and action in
this matter.
Mrs. LoTempio moved:
That the communication from the Deputy Commissioner of
Community Development, dated December 29, 1998, be and
hereby is received and filed,
1.That the City of Buffalo shall transfer and convey
the property and Buffalo Neighborhood Revitalization
Corporation shall pay to the City of Buffalo the sum of one
thousand dollars ($ 1 000) per buildable lot therefore set
above.
2.That the Mayor of the City of Buffalo is hereby
authorized and directed to execute any and all deeds and/or
other documents and/or affidavits deemed necessary and
appropriate to convey title to the BNRC; in accordance with
all term, covenants and conditions hereof and for the
consideration recited herein.
PASSED.
AYES-13. NOES-0.
NO. 36
RESULTS OF NEGOTIATIONS
414 DODGE, 130.64' E GERHARDT
VACANT LOT: 32' X 120'
ASSESSED VALUATION: $2,200
The Department of Community Development,
Division of In-Rem Properties, has received a request from
Mr. William T. Spencer, 412 Dodge Street, Buffalo, New
York 14208, to purchase the above captioned vacant lot.
Mr. Spencer resides at 412 Dodge Street and intends to use
the lot for extra yard space.
The Department of Community Development and
the Division of Collections have no objection to the sale.
There are no building code violations, taxes or other liens
owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by Thomas Tighe, appraiser, of R. W. Bronstein
Corporation, 3666 Main Street, Buffalo, New York 14226.
He has estimated the value of the parcel to be Five Hundred
Dollars ($500), or Thirteen Cents (.13) a square foot. The
Division of In Rem Properties has investigated the sales of
similar properties in the area. Sales prices range from
Twenty-One Cents (.21) to Thirty Cents (.30) a square foot.
The results of our negotiations are that Mr. William
T. Spencer has agreed and is prepared to pay Nine Hundred
Fifty Dollars ($950), Twenty-Five Cents (.25) a square foot,
for this parcel. He has agreed to pay for the cost of the
appraisal, transfer tax, recording fee's and cost of the legal
Page 24
98-1229.txt
description.
I am recommending that Your Honorable Body
approve the sale of 414 Dodge to Mr. William T. Spencer in
the amount of Nine Hundred Fifty Dollars ($950). I am
further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 37
RESULTS OF NEGOTIATIONS
43 WAVERLY, 30' S OF WOODLAWN
VACANT LOT: 30' X 71'
ASSESSED VALUATION: $1,300
The Department of Community Development,
Division of In-Rem Properties, has received a request from
Mr. Clifford Washington, 73 Otis Place, Buffalo, New York
14209, to purchase the above captioned vacant lot. Mr.
Washington recently purchased a singly family dwelling at 41
Waverly and intends to use 43 Waverly Street for extra yard
space.
The Department of Community Development and
the Division of Collections have no objection to the sale.
There are no building code violations, taxes or other liens
owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by David Burnette, appraiser of Arrow Appraisal,
3790 Broadway Street, Buffalo, New York 14227. He has
estimated the value of the property to be Five Hundred
Dollars ($500). The Division of In-Rem Properties has
investigated the sales of similar properties in the area. Sales
prices range from Twenty-One Cents
(.21) to Fifty-Seven Cents (.57) a square foot.
The results of our negotiations are that Mr. Clifford
Washington has agreed and is prepared to pay Six Hundred
Dollars ($600), Twenty-Eight Cents (.28) a square foot, for
this parcel. He has also agreed to pay for the cost of the
appraisal, transfer tax, recording fee's and cost of the legal
description.
I am recommending that Your Honorable Body approve the
sale of 43 Waverly Street to Mr. Clifford Washington in the
amount of Six Hundred ($600). I am further recommending
that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 38
60 HEDLEY PLACE REHABILITATION
SEQR NEGATIVE DECLARATION
A Negative Declaration for the above-referenced
project is hereby filed with your office in accordance with
Section 617.12 of the New York State Environmental Quality
Review Act.
If you should have any questions, please contact
Gregory Bernas in the Division of Planning at 851-5083.
Thank you.
RECEIVED AND FILED
NO. 39
LASALLE PARK IMPROVEMENTS/
Page 25
98-1229.txt
RECONSTRUCTION
SEQR NEGATIVE DECLARATION
A Negative Declaration for the above-referenced
project is hereby filed with your office in accordance with
Section 617.12 of the New York State Environmental Quality
Review Act.
If you should have any questions, please contact
Gregory Bernas in the Division of Planning at 851-5083.
Thank you.
RECEIVED AND FILED.
NO. 40
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
139 EAST UTICA, (CITY OWNED-VACANT LOT,
DIMENSIONS 30' X 200'
ASSESSED VALUATION: $1,500
The Department of Community Development has
surveyed the city-owned vacant lot at 139 East Utica, the
parcel is 30' x 200' in dimension; and it has been determined
that this parcel is inappropriate for either the construction of
new housing or needed for public purposes.
Mrs. Helen Jackson residing at 135 East Utica
Street, indicated that she will clean, improve and maintain
the lot in the event that she obtain title to the property under
the Urban Homestead Program.
The Division of Inspections and Division of
Collections have been contacted. There are no property
code violations, taxes or other liens owed to the City of
Buffalo by the homesteader.
We, therefore, recommend that the city-owned
vacant lot to be designated as a Homestead Property and be
transferred to Mrs. Jackson on the condition that the
property is cleared and improved within (6) months and
maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 41
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
38 FERGUSON, (CITY OWNED -TWO FAMILY DWELLING
LOT SIZE: 30' X 133'
ASSESSED VALUATION: $42,700
The Department of Community Development has
surveyed the city-owned vacant home at 38 Ferguson
Street. The home is situated on a lot 30' x 133'. It has been
determined that the property is inappropriate for either the
construction of new housing or needed for public purposes.
Mr. Ron Talboys from Habitat for Humanity, 9511
Keller Road, Clarence Center, New York, has indicated that
Habitat for Humanity will repair and rehabilitate the existing
structure and transfer the property to a worthy low income
family for One Dollar ($1.00).
We therefore, recommend that the City-owned
vacant home be designated as a Homestead Property and
be transferred to Habitat for Humanity on the following
conditions; that the property is repaired and improved within
eighteen (18) 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 36 months.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
Page 26
98-1229.txt
NO. 42
TRANSFER OF TITLE, URBAN HOMESTEAD'PROGRAM
13 HARRIETT, (CITY OWNED-VACANT LOT,
DIMENSIONS 35' X 133'
The Department of Community Development has
surveyed the city-owned vacant lot at 13 Harriett, the parcel
is 35' x 133' in dimension; and it has been determined that
this parcel is inappropriate for either the construction of new
housing or needed for public purposes.
Mr. Anthony and Mrs. Gertrude Durda, residing at 15
Harriett Street, indicated that they will clean, improve and
maintain the lot in the event that they obtain title to the
property under -the Urban Homestead Program.
The Division of Inspections and Division of
Collections have been contacted. There are no property
code violations, taxes or other liens owed to the City of
Buffalo by the homesteaders.
We, therefore, recommend that the city-owned
vacant lot to be designated as a Homestead Property and be
transferred to Mr. and Mrs. Durda on the condition that the
property is cleared and improved within (6) months and
maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 43
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
27 KERMIT, (CITY OWNED-VACANT LOT, DIMENSIONS
30' X 148'
ASSESSED VALUATION: $4,000.
The Department of Community Development has
surveyed the city-owned vacant lot at 27 Kermit, the parcel is
30' x 148' in dimension; and it has been determined that this
parcel is inappropriate for either the construction of new
housing or needed for public purposes.
Mr. Alexander Dukes, residing at 23 Kermit Street,
indicated that he will clean, improve and maintain the lot in
the event that he obtains title to the property under the
Urban Homestead Program.
The Division of Inspections and Division of
Collections have been contacted. 'There are no property
code violations, taxes or other liens owed to the City of
Buffalo by the homesteader.
We, therefore, recommend that the city-owned
vacant lot to be designated as a Homestead Property and be
transferred to Mr. Dukes on the condition that the property is
cleared and improved within (6) months and maintained in a
sanitary manner.
REFERED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 44
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
37 LOCUST, (CITY OWNED-VACANT LOT, DIMENSIONS
21'X 100'
ASSESSED VALUATION: $1,000.
The Department of Community Development has
surveyed the city-owned vacant lot at 37 Locust, the parcel
is
21' x 100' in dimension; and it has been determined that this
parcel is inappropriate for either the construction of new
Page 27
98-1229.txt
housing or needed for public purposes.
Ms. Cassandra Boykin, residing at 33 Locust Street,
indicated that she will clean, improve and maintain the lot in
the event that she obtains title to the property under the
Urban Homestead Program.
The Division of Inspections and Division of
Collections have been contacted. There are no property
code violations, taxes or other liens owed to the City of
Buffalo by the homesteader.
We, therefore, recommend that the city-owned
vacant lot to be designated as a Homestead Property and be
transferred to Ms. Boykin on the condition that the property
is cleared and improved within (6) months and maintained in
a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 45
WATERFRONT REDEVELOPMENT PROJECT AREA "A"
EASEMENT AGREEMENT
SINCLAIR RADIO OF BUFFALO, INC.
Attached herewith is an Easement by and
between the City of Buffalo Urban Renewal Agency and
Sinclair Radio of Buffalo, Inc.
It is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication
of a notice of said hearing. In the interest of time and
anticipating that Your Honorable Body is willing to expedite
this matter, I have taken the liberty to prepare a Resolution
together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1.Resolution setting Public Hearing
2.Notice of Public Hearing
3.Resolution approving proposed Easement
Agreement
4.Proposed Easement Agreement
After the Public Hearing is held, Your Honorable Body
may adopt a Resolution authorizing the mayor to
execute the necessary documents for the
disposition of the land to Sinclair Radio of
Buffalo, Inc.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
FROM THE COMMISSIONER OF STREET SANITATION
NO. 46
INFO-TRANSFER STATION
Attached please find information on the Transfer Station.
REFERRED TO THE COMMITTEE ON BUDGET.
NO. 47
GRASS CUTTING INVOICE TRANSFERS
In accordance with Chapter 341, Article I of the City
Ordinance, I am herewith attaching a list of parcels of land in
the City of Buffalo owners or persons having charge of such
lands and the cost of cutting grass - weeds on these
properties by the Department of Street Sanitation during the
months of June October.
The Department of Street Sanitation is requesting that the
following invoices be abated and the Commissioner of
Assessment place the charge(s) on the Local tax rolls.
Page 28
98-1229.txt
1998 Total - $33,947.08
REFERRED TO THE COMMITTEE ON FINANCE
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment effective December 7,1998 in the Department
of Street Sanitation, to the position of Account Executive,
Provisional Appointment at the intermediate salary of
$24,707
Clyde L. Eschborn, 143 Roesch Avenue, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 49
CERTIFICATE OF APPOINTMENT
Appointment Effective 12/14/98 in the Department of
Street Sanitation to the position of Equipment 0perator,
Provisional Appointment at the Maximum Starting Salary of
$28,425
Samuel W. Grossman, 9419 Merrill Dr., South Dayton, NY
14138
Richard E. Runge, 40 Zittel Street, Buffalo, NY 14210
Lawrence J. Sobocinski, 345 Gold Street, Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 50
CERTIFICATE OF APPOINTMENT
Appointment effective 12/14/98 in the Department of Street
Sanitation to the position of Equipment Operator Temporary
to the Position of Equipment 0perator at the Maximum
Starting Salary of $28,425
Michael T. Driscoll, Jr., 51 Maryon Drive, Buffalo, NY 14220
Joseph F. Szafranski, 93 Gordon Street, Buffalo, NY 14224
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 51
TRANS. FDS. COM. DEV. BOND FUNDS
CCP #147 DECEMBER 15 1998
As you know, during the budget process in May 1998 the
Council and the Administration developed a city demolition
function within the department of Public Works. This new
function was to be supported by bond funds i.e., bond fund
proceeds were to be used to reimburse the city for the costs
associated with demolitions performed by city crews. At the
time the function was created it was assumed that the new
division could accomplish two demolitions per week for
approximately 46 weeks of the fiscal year (it was assumed
that the required equipment would not be delivered by the
beginning of the fiscal year) and that the city general fund
would be reimbursed approximately $8,000 per demolition.
These two assumptions resulted in the inclusion of a
$737,000 revenue estimate in the general fund. These
funds were transferred from a Community Development
bond fund to a 500 account in Public Works to enable that
department to draw down the bond funds as demolitions
were completed.
Unfortunately for the general fund, neither of the two
assumptions noted above proved accurate. First, the City
Accountant opined that the general fund was not able to
charge $8,000 per demolition but rather was limited to
recovering actual costs which are in fact less that $4,000 per
Page 29
98-1229.txt
demolition (see the attachment included in the original filing).
Second, the equipment was not delivered in a firmly fashion
given difficulties associated with the lease purchase
arrangement and the availability of the equipment due to a
lack of inventory on the part of suppliers. A new schedule
for demolitions was developed in light of these
developments. That schedule is contained in an attachment
to the original filing. The new schedule shows that the
general fund will be able to draw down approximately
$315,490.
The item that is before your honorable body simply transfers
back to Community Development the difference between the
original revenue estimate of $736,691and the new revenue
estimate of $3 15,489.28 or $421,201.72. This transfer is
necessary so that Community Development can use these
funds to perform demolitions. Without this transfer the
money will sit idle, serving no productive use.
I trust this information satisfies your inquiry.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 52
CERTIFICATE OF APPOINTMENT
Appointment Effective December 10, 1998 in the
Department of Human Services, Parks & Recreation,
Division of Senior Citizens, to the Position of Typist
Permanent Appointment at the: Intermediate Starting Salary
of: $22,499.
Deborah Gavazzo, 201 West Ferry St., Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF GENERAL SERVICES
NO. 53
CERTIFICATE OF APPOINTMENT
Appointment effective December 14, 1998 in the Department
of General Services, Division of Inventory & Stores to the
Position of MEM Supervisor I Permanent Promotion at the
Maximum Salary of $30,633
Jeffrey L. Ford, 47A Altruria, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO. 54
MAYOR REPORTED OUT OF STATE
I transmit herewith communications, received by me from
the Mayor, reporting his absence from the state from
Monday, December 21, 1998 from 10: 15 a.m. until Tuesday,
December 22, 1998 at 1:45 p.m.
RECEIVED AND FILED.
NO. 55
RESIGNATION-DEPUTY CITY CLERK TO COMMON
COUNCIL
Please accept this letter as a formal notification of my
resignation as Deputy City Clerk to the Common Council,
Page 30
98-1229.txt
effective on January 3, 1999.
I leave with mixed emotions: I enjoyed and will miss the
experience of working in the Common Council Staff office
and the City Clerk's office, however, I look forward to the
opportunities and challenges the future holds.
I appreciated your support during my service to the Council
and hope that your future holds good fortune.
Thank you for the opportunity and the experience.
RECEIVED AND FILED
NO. 56
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons
applying for liquor licenses from the Erie County Alcohol
Beverage Control Board.
Address Business Name Owner's Name
1194 Lovejoy Al & Tony's Inc. Albert Sanita, Jr.
RECEIVED AND FILED
NO. 57
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed
Public Works- Robert Szary
Police- John R. Battle, Leonard B. Valvo ,
Street Sanitation Kevin Banes
Administration and Finance- Maria Giardina
Human Services, Parks/Recreation- Laura Lonie
RECEIVED AND FILED.
NO. 58
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED
NO. 59
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to
the position of Council Intern.
ADOPTED.
Appointment Effective: December 16, 1998 in the
Department of Common Council to the Position of Intern V,
Seasonal Non-Competitive at the Flat Starting Salary of
$8.00 per hr.
Michelle Maccagnao, 220 Summit Ave, Buffalo, NY 14214
Appointment Effective: December 21, 1998 in the
Department of Common Council to the Position of Intern IV
Seasonal, Non-Competitive at the Flat Starting Salary of
Page 31
98-1229.txt
$6.00 per hr.
Marcy Ford, 166 Laurel, Buffalo, NY 14209
NO. 60
APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
I transmit herewith appointments made in the Mayor's
Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective December 21, 1998 in the
Department of: Mayor's Office, Division of Mayor's Summer
Youth & Intern Program to the Position of Intern IV Seasonal
Non-Competitive at the Flat Starting Salary of: $6.00/hr
Alexis Klosterman-Nyhuis, 55 Whitney PI., Buffalo, N.Y
14201
Appointment Effective December 21, 1998, in the
Department of Mayor's Office, Division of Mayor's Summer
Youth & Intern Program to the Position of Intern VI,
Seasonal, Non-Competitive at the Flat Starting Salary of
$10.00/hr
Deanna DiVencenzo, 476 Norwood Ave., Bflo, N.Y. 14222
NO. 61
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 ASSESSMENT
Appointment Effective: December 21, 1998 in the
Department of Assessment Division of to the Position of
Clerk, Seasonal, Non-Competitive at the: Flat Starting Salary
of $5.20 per Hr.
Sandra J. Stotz 4 Roebling Avenue Buffalo, NY 14215
DEPARTMENT OF STREET SANITATION
Appointment Effective:12/15/98 at the Department of
Street Sanitation, Seasonal Laborer II, Non-Competitive
at the Flat Starting Salary of $6.92/hour
Mark P. Horne, 126 Hastings, Buffalo, NY 14215
NO. 62
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 December 14, 1998 in the
Department of Assessment to the Position of Assessor
Trainee Permanent Appointment at the: Minimum, Starting
Salary of $22,883
Kirk C. McKenna, 225 North Drive, Buffalo, NY 14216
DEPARTMENT OFCOMMUNITY DEVELOPMENT
Appointment Effective: December 21, 1998 in the
Department of Community Development Division of
Inspections, Licenses and Permits to the Position of
Electrical Inspector Temporary Appointment at the Minimum
Starting Salary of: $ 34,654.
David P. Gilmour, 29 Carlyle Avenue, Buffalo, NY 14220
Page 32
98-1229.txt
DEPARTMENT OF POLICE
Appointment Effective December 9, 1998 in the
Department of Police to the Position of Crossing Guard,
Temporary, Non-Competitive at the Minimum Starting
Starting Salary of $6.09
Cynthia R. Louisos, 194 Linden Ave. Apt.3, Bflo, NY 14216
Appointment Effective October 21, 1998 in the Department
of: Police to the Position of Public Safety Dispatcher
Permanent Appointment at the: Minimum Starting Salary of $
25.146
Sharon A. Welsh, 97 Pomona Place Bflo, New York 14210
Appointment Effective December 9, 1998 in the
Department of: Police, to the Position of: Report Technician,
Permanent, Appointment, at the Minimum Starting Salary of:
$23,705
Josephine Cutolo, 462 W. Delavan Avenue, Bflo, N Y 14213
Laurie A. Piazza, 499 Crescent Avenue, Bflo, N.Y. 14214
Appointment Effective: December 21, 1998 in the
Department of: Police to the Position of Public Safety
Dispatcher, Contingent Permanent, Appointment, at the
Minimum, Starting Salary of: $ 25,146
Jean M. Whalen, 98 Milford Street, Buffalo, New York 14220
Appointment Effective: December 21, 1998 in the
Department of: Police to the Position of Cellblock Attendant
Contingent Permanent, Appointment, at the: Minimum
Starting Salary of: $ 23,622
Brian M. Slomba,60 Britt Avenue Buffalo, New York 14220
Appointment Effective: December 21, 1998, in the
Department of: Police, to the Position of: Cellblock Attendant
Temporary, Appointment, at the Minimum, Starting Salary of:
$ 23,622
Roger L. Sanna 12 Hines Street, Buffalo, New York 14220
DEPARTMENT OF PUBLIC WORKS
Appointment Effective: December 14, 1998 in the
Department of Public Works Division of Buildings to the
Position of Laborer I Temporary, Non-Competitive, at the:
Minimum Starting Salary of: $ 9.57
Rolinda C. Hill, 5 Viola Park, Buffalo 14208
DEPARTMENT OF STREET SANITATION
Appointment Effective: 12/22/98 in the Department of
Street Sanitation to the Position of Truck Driver (Provisional)
Provisional Appointment, at the Minimum Starting, Salary of:
$24,683
Fernando Martinez, 781 Perry Street, Buffalo, NY 14210
Appointment Effective 12/21/98 in the Department of
Street Sanitation, to the Position of Welder, Permanent
Appointment at the Minimum, Starting Salary of $24,677
Zbigniew Bartoszewski 26 California Street Bflo, NY 14213
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 63
S. COOPER
HARRASSMENT AT COMPTON'S
Attached please find a letter from Sherrill Cooper who
wishes to appear before a Committee Meeting regarding
being harassed at her place of business at 1239 Niagara St.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF POLICE
Page 33
98-1229.txt
NO. 64
I. CINTRON REQ. STREET REPAIRS BRISCOE ST.
I have received a couple of letter from you as a new
homeowner in the Lovejoy District welcoming me to the new
neighborhood. Thank you for the your welcome.
You stress in your letter and even gave the telephone
number to call if I had any city problems. I live on the comer
of Walden and Briscoe. I have to ride down Briscoe Street
everyday, going and coming from work. On Briscoe, the
block between Walden and Doat. That street needs repairs
badly. I actually go 5mph because of so many bumps.
There is a sewer drain in the middle of the street that's not
even level. I have to go around either on the left or the right
depending on what side is parking.
I have never rode down a street that needed so many
repairs. It's just terrible to ride on. Please as a
councilmember please get the city to repair that block. I
thought about getting the block together to sign a petition but
I thought I try and write first. Thank you for your time.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER 0F PUBLIC WORKS
NO. 65
ERIE COUNTY LEG FLOODING/PUBLIC HEALTH
CONCERNS PECKHAM/SHERMAN ST.
I HEREBY CERTIFY that at the 29 Session of the
Legislature of Erie County, held in the County Hall, in the
City of Buffalo, on the Seventeenth day of December,A.D.,
1998, a Resolution was adopted, of which the following is a
true copy:
A RESOLUTION SUBMITTED BY LEGISLATOR HOLT
WHEREAS, over this past Thanksgiving weekend, many
residents living in the vicinity of Peckham and Sherman
Streets in the city of Buffalo were forced out of their homes
due to a water main break on that comer, and
WHEREAS, said water main break resulted in significant
property loss to local residents, including damage to
carpeting, furniture, fixtures and other property within homes
in that vicinity, and
WHEREAS, the flooding conditions that ensued from the
water main break, and the community's resulting inability to
quickly rid homes, community facilities and places of worship
of excess water has led to a generally higher sense of
concern regarding public health, particularly that of children,
in that area, and
WHEREAS, concerns have arisen concerning timetables for
comprehensive reconstruction of the area in question, and
WHEREAS, similar questions have arisen concerning costs
of making repairs to homes damaged as a result of the flood
conditions that may not be covered by traditional
homeowners' insurance policies, and
WHEREAS, while issues concerning claims to be made
must be addressed solely by the city of Buffalo, Erie County
retains sole jurisdiction concerning maintenance of the public
health, and
WHEREAS, a community meeting must be held with county
officials with attendance to adequately address the concerns
of local residents and community, leaders who remain fearful
of potential risks to public health resulting from this water
main break,
NOW, THEREFORE, BE IT
Page 34
98-1229.txt
RESOLVED, that the Erie County Legislature does hereby
express its deep concern for the residents and families living
in the area of Peckhan and Sherman Streets in the city of
Buffalo with respect to the personal property damages and
displacement experienced by those residents as a result of
the water main break which occurred at that street comer
during this past Thanksgiving weekend, and be it further
RESOLVED, that this Honorable Body does hereby call
upon city leaders to expeditiously address repair and
maintenance concerns of residents with respect to full and
complete repairs to the area in question, and be it further
ATTEST
TO WHOM IT MAY CONCERN:
I HEREBY CERTIFY, That at the 29th Session of the
Legislature of Erie County, held in the County Hall, in the
City of Buffalo, on the Seventeenth day of December A.D.,
1998, a Resolution was adopted, of which the following is a
true copy:
RESOLVED, that this Honorable Body does hereby call
upon Erie County Health Commissioner Arnold Lubin to
appear at a future meeting of the Legislature's Health/Mental
Health Committee to discuss this issue more
comprehensively, and to schedule a date, time and location
for a community meeting to be held in the Peckham
Street/Shennan Street area to address public health
concerns raised by local residents as a result of flood
conditions experienced by local residents, and be it further
RESOLVED, that certified copies of this resolution be sent to
Erie County Executive Dennis Gorski, Erie County Health
Commissioner Dr. Arnold Lubin, Buffalo Mayor Anthony
Masiello, and to the Buffalo City Clerk for distribution to the
members of the Buffalo Common Council.
Fiscal Impact: None for Resolution.
REF:Int. 29-10
RECEIVED AND FILED
NO. 66
J. FENNIE REQ. REFUND 170 W. CHIPPEWA
I am asking the Common Council's consideration in
approving the refund of a $7,500 deposit I provided to the
City for the purchase of 170 West Chippewa Street from In
Rem auction 31. After the sale I proceeded to City H all with
the hope of beginning the closing procedure for this property,
however, I was informed that the City would not be able to
facilitate the closing because of a lien on the property by the
Buffalo Urban Renewal Agency. I had every intention to
follow through on the purchase of this building with the
hopes of renovating this property for the purpose of housing.
Based on the fact that I was unable to proceed with the
closing because of a problem not of my making, I believe I
am entitled to a refund of my deposit.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ASSESSMENT
NO. 67
FONTANA KAISERTOWN COALITION STOP SIGNS
CABLE/CASIMER ST.
The members of the Kaisertown Coalition of Block Clubs
have requested that a four way stop sign be put at the
comers of Cable and Casimer Street. They claim the site is
dangerous and warrants the additional stop signs. If you can
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file this for the next Council meeting, I would greatly
appreciate it.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 68
B. GRAY DISCREPANCY WITH WATER BILL 383 RILEY
On December 15, 1998 Mrs. Juanita Hill 383 Riley St.
Buffalo, New York 14208, contacted my office regarding a
major discrepancy in her water bill, from one billing cycle to
the next. Mrs. Hill recently had her water meter replaced by
American Anglian Environmental Technological Corp
(AAET), at which time the major water line was replaced on
her street at the same time.
According to a recent estimate by a reputable plumbing
company (see attached) there appears to be problems that
this office has passed on, to both Public Works and AAET.
Because there are several issues before the Common
Council concerning AAET, the meter program and Public
Works department, this office is filing this concern with the
City.
REFERRED TO THE COMMITTEE ON FINANCE,
COMMISSIONER OF PUBLIC WORKS AND AMERICAN
ANGLICAN
NO. 69
B. GRAY PROBLEMS WITH CITY OWNED LOT
BRAYTON ST
Thank you for writing, the only way I would know what's
going on in the neighborhood is that citizens like you and Mr.
Swan write or call to tell me how I can help.
Now, the first thing we can do is have the Mayor's Impact
Team go out and clean the City owned lot next to your house
and the one behind it. Secondly, we can request the City, to
let you homestead the land until they are ready to build on it
(if you like), there is no extra tax cost because the City still
owns the land. Third, I don't believe the City will build a
fence, but we can ask. I am going to file your letter with the
City Clerk's office, you can come in and tell the Council your
story regarding the conditions you are being forced to live
under, due to their lack of responsibility as a landowner.
Enclosed is my card, please call me when you've received
this letter.
Respectfully,
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE MAYORS IMPACT TEAM
NO. 70
J.MOSS REQ. TO HOMESTEAD VACANT LOT
KILHOFFER ST
I live at 142 Kilhoffer St. and the house next to me has
been torn down. I am concerned about the condition the lot
has been left in it is full of bricks, rocks and other debri. I
would like to find out if the contractor can leave seedable
grade on the lot so that it can taken care of properly.
My next concern is that I would to homestead the lot since it
is next to my home. The reason that I want to homestead
the lot is because I am going to have take care of it anyway.
Please let me know if it is possible to homestead the lot.
My address is listed above and my phone# is 895-2895.
REFERRED TO THE COMMITTEE ON COMMUNITY
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DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 71
R. NEBRI.CH REQ. FOR REFUND USE PERMIT 1593
MAIN
On the fourteenth of September we applied for a change of
use permit for said property at that time the inspector
informed us that we needed common council approval which
we paid $275.00 application fee we were notified the
planning board well consider our request on 29th of
September at 8:15. We attended this meeting with
councilman Byron Brown where we found approval was not
needed and Bill Grill from the board would help direct us on
what was needed. We had it straightened out with permit
office and submitted three copies of updated blue prints for
approval and paid application fee of $46.00we are
requesting full refund of $275.00 fee paid due to misdirected
and unnecessary application by permit office.copies of proof
attached lease contact Planning Board, Bill Grillo,or
Councilman Brown if you have any questions or call me at
873-6924 anytime after 2:00 pm.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT
NO. 72
NFTA GBNRTC MIN PART IN PLANNING INITIATIVES
This letter is written on behalf of the Greater Buffalo
Niagara Regional Transportation Council ("GBNRTC") in
response to resolution number 135 adopted by the common
council on December 1, 1998. The GBNRTC is not an entity
which possesses the ability to contract on its own, and
therefore requires an administrative host. The Niagara
Frontier Transportation Authority ("NFTA") is the
administrative host agency for the GBNRTC.
As a result, the GBNRTC follows all of the NFTA'S rules,
regulations, policies and procedures, including the NFTA'S
disadvantaged business enterprise policy. All requests for
proposals for planning services issued by the NFTA on
behalf of the GBNRTC contain the NFTA'S goal for federally
funded contracts, which is twenty-five percent. The NFTA'S
affirmative action office maintains an up-to-date list of all
qualified DBE planning firms in the area, and works closely
with the GBNRTC to ensure that there is as much DBE
participation as possible in GBNRTC planning contracts.
If you have any other questions or require any further
information, please do not hesitate to contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 73
NYSDEC REG OF SITES HAZ WASTE DISPOSAL 204
BRISTOL
DEC SITE NO.: 915170
SITE NAME: 204 BRISTOL STREET
SITE ADDRESS: 204 BRISTOL STREET, BUFFALO, NY
14206
As mandated by section 27-1305 of the environmental
conservation law, the New York State Department of
Environmental Conservation (NYSDEC) must maintain a
registry of all disposal sites known to contain hazardous
wastes. It is this department's policy to notify the owner of
Page 37
98-1229.txt
all or any part of each site or area included in the registry of
inactive hazardous waste disposal sites as to changes in site
classification.
Our records indicate that you are the owner or part-owner of
the above-referenced site. Based on the information that
has been gathered to date, the NYSDEC has concluded that
this site has been properly remedied and that no further
action is required. Therefore, this letter constitutes
notification of DEC'S intention to delist this site from the
registry of inactive hazardous waste disposal sites in new
York state. State laws require that DEC set a 60-day public
notification period of our intention to delist a site from the
Registry, and receive any public comments on the proposed
deletion. At the conclusion of this period, if no new
information is presented, this site will be removed from the
Registry. If we receive any information which causes us to
reconsider this deletion, you will be notified of this change.
If you have any further questions, please contact me at (518)
457-0747.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 74
NYSDEC REG OF SITES HAZ WASTE DIZPOSAL 1818
FUHRMAN
The Department of Environmental Conservation (DEC)
maintains a Registry of sites where hazardous waste
disposal has occurred. Property located at 181 8A Fuhrman
Boulevard in the City of Buffalo and County of Erie and
designated as Tax Map Number 132.20-1-1 was recently
added as a Class 2 in the Registry. The name and site I.D.
number of this property as listed in the Registry is Shenango
Steel Mill, Site #91 5172.
The Classification Code 2 means that the site poses a
significant threat to the public health or environment -- action
required.
We are sending this letter to you and others who own
property near the site listed above, as well as the county and
town clerks. We are notifying you about these activities at
this site because we believe it is important to keep you
informed.
If you currently are renting or leasing your property to
someone else, please share this information with them. If
you no longer own the property to which this letter was sent,
please provide this information to the new owner and provide
this office with the name and address of the new owner so
that we can correct our records.
The reason for this recent classification decision is as
follows:
Detection of Aroclor-11 260 in soil at greater than 500 ppm
confirms that listed hazardous wastes (13007 - Other PCB
Wastes) remain at the Shenango Steel Mill after a removal
action by NYSDEC during the Hanna Furnace site
Preliminary Site Assessment (PSA) field investigation.
Numerous exceedances of Class GA Groundwater Quality
Standards coupled with the high concentrations of
Polychlorinated Byphenols (PCBs) remaining in on-site
surface soils and easy site access (evidence of trespassing)
indicates the Shenango Steel Mill poses a threat to public
health and the environment.
If you would like additional information about this site or the
Page 38
98-1229.txt
inactive hazardous waste site remedial program, call:
DEC's Inactive Hazardous Waste Site Toll-Free Information
Number 1-800-342-9296 or New York State Health
Department's Health Liaison Program (Help) 1-800-458-
1158, ext. 6402.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 75
NYS COMPTROLLER INFO CITYWIDE UTILITY
TAX AUDIT
Thank you for sending Comptroller McCall a copy of
Resolution No. 159 adopted by the Common Council of the
City of Buffalo asking this office to perform a citywide utility
tax audit. Our Buffalo area office has received another
request and additional information from Mr. Thomas M.
Tarapacki, Director of the City's Office of
Telecommunications. I have been asked to respond to
these requests.
As you may know, the Office of the State Comptroller has
the constitutional and statutory responsibility to oversee the
fiscal affairs of approximately I 0,000 units of local
government in New York State. The Division of Municipal
Affairs is the office that works most closely with local
governments and performs periodic audits on counties,
cities, towns and villages throughout the State. However, we
do not audit public utilities and must, therefore, respectfully
decline the City's request. You may wish to contact the
Department of Public Service.
Should you require additional information or have further
questions, please feel free to contact Mr. David Slusarz,
Chief Examiner of our Buffalo area office, at (716) 847-3
)647. Thank you again for advising the Comptroller of the
City's concern.
A COPY HAS BEEN REQUESTED TO BE SENT TO THE
PUBLIC SERVICE COMMISSION
NO. 76
L. RENFORD CCAPA RECOMMENDATIONS BFIO
POLICE DEPARTMENT
Please file these recommendations for the Common
Council and the members.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT
NO. 77
ST. LOUIS CHURCH ANNA BECK PROPERTY 923
WASHINGTON
Please put aside all other considerations, feelings,
concerns and politics, and try to see this issue from the
perspective of the decedent, Anna Beck. She regarded her
home as a special, holy place where her parents, her sister
and she lived and died. Her home had no other function
than to house these four people - and no other. Anna Beck
versus the City of Buffalo were familiar and worthy
opponents. In 1975, the City of Buffalo under the banner of
the Buffalo Urban Renewal Agency (BURA) - was intent on
demolishing her house - as they did with her entire street,
Ralph Place, which was her true home. She opposed that
and won that battle. The City of Buffalo agreed to move this
Page 39
98-1229.txt
house which was of no value to the City at the time - to its
present location. Over the years, the City of Buffalo (BURA)
and Anna Beck had frequent contact with each other - down
through the years. The final MUTUAL agreement was that
Anna could live in that house until she died. Then the
MUTUAL agreement called for the demolition of the house
with the land being offered to the City as first option for
$100.00. Anna Beck entered this MUTUAL agreement in
sound faith - as we can presume the City did also. Anna
could live in that house until her death, and she could die in
peace trusting that the City would honor this contract.
First, the Surrogate Court got involved and made a public
issue over it. The City of Buffalo (BURA) attempted to break
its MUTUAL agreement. They lost in the Court. Then, the
Preservation Board became interested and thought that the
City would be de-valued if this value-less piece of property
were lost. After months of discussion and reflection, they
voted not to grant it Landmark status because it is not
historic enough.
This should be the end of this tragic story - BUT, NO! it isn't.
Now, your august body - with all your other deliberations
have become involved in trying to break the MUTUAL
contract of a dead person and the City. Can your
distinguished body put aside all other considerations,
feelings concerns and politics - and just put the wishes of
Anna Beck foremost in your deliberations?
Anna Beck's first love, besides her family, was Saint Louis
parish - the first Catholic parish in the diocese founded in
1829 that's three years before there was the incorporation '
of Buffalo. We can all agree with Anna Beck that our historic
church should be preserved - that's why she left the residual
of her estate including the house - to Saint Louis parish.
The longer this fight.goes on - the more of her estate
destined for her beloved Saint Louis parish is diminished by
legal costs. Also, she would be opposed to all this delay -
and would again fight "City Hall" worse than she did in 1975.
Please consider her position first. You will say that all we
are thinking about is ourselves, but if you knew Anna Beck,
you would understand why we are speaking for her now.
It is time to put a stop to this endless negotiation and honor
the legal last will and testament of this noble lady. The
Surrogate Court terminated discussion; the Buffalo Urban
Renewal Agency was silenced; and the Preservation Board
saw the futility of this issue. It is hoped that the Buffalo
Common Council will rule in favor of the decedent and end
this spectacle.
There has been public statements by the average citizen
wondering why anyone should write a will, when politicians
are going to put it aside for their own self-interests. Please
let justice and peace reign so that Anna Beck can rest in
peace.
RECEIVED AND FILED
NO. 78
INFO MINORITY PROFESSIONAL INVOLVEMENT IN
PLANNING INITIATIVES
[RES. # 135 CCP 12/1/981
The Buffalo Economic Renaissance Corporation strongly
encourages minority professional involvement in all planning
initiatives undertaken by the Corporation.
Although the Inner Harbor consultant contracts are held by
the Empire State Development Corporation, Dean & Barbour
Page 40
98-1229.txt
Associates and Edward Watts, PC are currently
subconsultants on the Inner Harbor Project. The lead Urban
Design Consultant - Jambekhar Strauss PC - is a minority-
owned professional firm from New York City.
Watts Engineers is a subconsultant to the South Buffalo
Redevelopment Project.
Although it is not possible to renegotiate existing contracts,
the BERC will continue to encourage minority professional
participation in all future planning initiatives.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 79
ARNERICAN ANGLIAN
K. HELFER-WATER BILLING @210 LISBON
(ITEM #67, C.C.P. DECEMBER 15, 1998
0. HUNTER-WATER PROBLEM @ 354 BISSELL
(ITEM # 68, C.C.P. DECEMBER 15, 1998
I have researched the two problems forwarded to this
office.
Water Bill @ 210 Lisbon
I have reviewed the information supplied by Mr. Winkler.
Upon review, this appears to be another case of an adjusted
bill caused by a variance between the inside and outside
reading. The new meter was installed on 7/30/98, the final
read from the meter was 309352, the read from the outside
remote was 240920, the variance at the time the meter was
replaced was approximately 60K cubic feet. I have
forwarded this information to Commissioner Giambra's office
for review. The Commissioner has formed a committee to
review billing problems resulting from these variances.
0 WaterProble-354Bissell
I have attached a copy of our response to item number two,
354 Bissell, for your review.
Please do not hesitate to call if I can be of any further
assistance
REFERRED TO THE COMMITTEE ON FINANCE
PETITIONS
NO. 80
T. GORES, OWNER, PETITION TO USE 1660 NIAGARA
FOR A POLE SIGN
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, AND THE NYS THRUWAY
AUTHORITY
NO. 81
A. MANCUSO, OWNER PETITION TO USE 2249
ELMWOOD FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION,
TIHE CITY PLANNING BOARD AND THE COMMISSIONER
OF COMMUNITY DEVELOPMENT.
NO. 82
OPPOSE APPLICATION TO RE-ZONE 640 FOURTH
STREET
The following expresses the opinions of the landowners
surrounding 640 Fourth Street, currently under
consideration, by application of Ted's Hot Dogs, for re-
Page 41
98-1229.txt
zoning from residential to commercial status.
The undersigned landowners and residents strongly o-
pose this rezoning for the following reasons:
1. This property is the last remaining green space on the
southside of Porter Avenue.
2. Porter Avenue is presently lined with vacant,
abandoned, commercially zoned property, which should be
used for commercial purposes, prior to re-zoning this green
space for commercial use.
3. The Mayor of the City of Buffalo has proposed restoring
green space in the Porter Avenue area and re-zoning this
space for another hot dog stand would directly conflict with
this proposal.
4. Ted's formerly operated a hot dog stand in this
neighborhood and the stand was poorly managed,
contributing to unhealthy conditions in the neighborhood,
including uncollected garbage and traffic congestion.
5. With the opening of Louie's Hot Dogs in the
neighborhood these conditions have improved, however, this
rezoning would permit the return of Ted's, creating a
situation of two adjacent hot dog stands and an
undesirable/unsafe amount of traffic, garbage and noise in a
small one block area.
6. The application to re-zone is an effort to legalize the
seven foot high "spite" fence, Ted's erected around part of -
this parcel, which has created unsafe traffic sight lines, and
is visually unappealing to the extent it will detract from the
quality and value of our property.
7. The property was formerly a New York State Thruway
off-ramp which is currently being considered for re-opening
in two out of the three roadway plans under consideration for
the Peace Bridge expansion and redesign. (See attached
booklet.' The reopening of this ramp would be very positive
to this neighborhood and is supported by the City of Buffalo,
however, the re-zoning of this parcel and construction of
Ted's may stall or stop the Thruway Authority's re-opening of
this off-ramp.
8. The Thruway Authority in their sale of the property to
Ted's in 1976 set restrictions on the development of the
property proposed for re-zoning. The deed, recorded July 9,
1976, reserves the right of the Thruway Authority to restrict
and control access to the Thruway right-of-way from the
premises. The right of-way reserved by the Thruway
Authority comprises a substantial portion of the premises
sought to be re-zoned as it restricts the entire westerly
portion of the parcel sought to be re-zoned. This re-zoning
is in violation of the legal restrictions of record as contained
in the Deed from the New York State Thruway Authority.
(See attached deed.) It is obvious, from these restrictions,
that the Thruway Authority's intent was to provide Ted's with
a grassy picnic area, and not a site to construct a new hot
dog stand.
In summary, we have shared our neighborhood with Ted's
for over 25 years. During this time Ted's Hot Dogs was a
poor neighbor. When they left our neighborhood they left it
with a building in poor repair, with health hazards the City
and County had to force them to remedy and then as a final
act they constructed an illegal, unsightly and dangerous
fence out of spite. They now want to return to the scene and
start again. The neighborhood implores the City Council not
to allow them this opportunity.
In turn, we respectfully request that the Common Council
re-zone the commercial property which is now green space,
Page 42
98-1229.txt
to residential zoning. Let them build this hot dog stand in on
the abundant unoccupied property in the neighborhood,
which is already zoned commercial. One hot dog stand on
Fourth Street is enough and Louie' s is a positive
replacement.
Therefore, due to the above stated facts the undersigned,
which substantially represent all property owners,
surrounding and adjacent to this parcel oppose the re-zoning
of 640 Fourth Street.
REFERRED TO THE COMMITTEE ON LEGISLATION
REGULAR COMMITTEES
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 83
UPCOMING POLICE OFFICER EXAM (CC)
(ITEM # 59 CRP SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 84
UPCOMING POLICE OFFICER EXAM (CSQ
(ITEM # 84 C.P.P SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 85
POLICE OFFICER EXAM PERSONALITY TEST (CSC)
(ITEM # 60 C.P.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 86
POLICE OFFICER EXAM (HSPR)
(ITEM # 58 C.P.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 87
RECRUITMENT FOR POLICE OFFICER EXAM (CSQ
(ITEM # 55 C.P.P NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 88
APPOINTMENT
ASSESSOR
That Communication 21, December 15, 1998 be received
Page 43
98-1229.txt
and filed and the Provisional appointment Marie LoFaso,
above at the Intermediate salary of $38,277.00 effective on
November 30, 1998 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 89
APPOINTMENT
SENIOR CLERK
That Communication 32, December 15, 1998 be received
and filed and the Permanent appointment of Jacuqeline
Skipper, above at the Maximum salary of $25,846.00
effective on November 25, 1998 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 90
APPOINTMENT
ACCOUNT EXECUTIVE STREET SANITATION
That Communication 49, December 15, 1998 be received
and filed and the Provisional appointment of Clyde L.
Eschborn, above at the Intermediate salary of $24,707.00
effective on December 7, 1998 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 91
APPOINTMENT
JR. DATA CONTROL CLERK
That Communication 51, December 15, 1998 be received
and filed and the Permanent appointment of Patricia A.
Pinelli, above at the Maximum salary of $24,819.00 effective
on November 30, 1998 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 92
APPOINTMENT
HEAD GROWER
That Communication 52, December 15, 1998 be received
and filed and the Permanent appointment of Jeffirey Krajnik,
above at the Maximum salary of $31,589.00 effective on
December 7, 1998 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 93
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 $27,795.00 effective on
December 14, 1998 is hereby approved.
PASSED
AYES-13, NOES-0
Page 44
98-1229.txt
NO. 94
NOTICES OF APPT. - TEMP/PROV/PERM
(ITEM # 61 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 95
RESULTS OF NEGOTIATIONS - 70 AND 72 GREY
STREET
(ITEM NO. 38, C. C.P., NOV. 17, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mrs. Franczyk moved:
That the offer from Mr. Roosevelt Lee and Mrs. Sarah E.
Lee, residing at 60 Grey Street, in the sum of Two Thousand
and Two Hundred Dollars ($2,200.00) for the sale of 70 and
72 Grey Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
PASSED.
AYES-13, NOES-0
NO. 96
RESULT OF NEGOTIATIONS - 250 WALDEN
(ITEM NO. 46, C. C.P., DEC. 15, 1998)
That the offer from Ms. Darcey I. Chaney, residing at 11
Barthel Street, in the sum of One Thousand Dollars
($1,000.00) for the sale of 250 Walden Avenue, be and
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser, and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-13, NOES-0
NO. 97
ERIE CO. TAX DELINQ. NOTICES (COMPT)
(ITEM #16 C.P.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 98
RENEG. SALE PRICE - 2930 BAILEY (COMPT)
(ITEM #17 C.P.P. DECEMBER 1, 1998)
Page 45
98-1229.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 99
L. AUGUSTYN - REFUND NON-RES. SWIMMING PERMIT
(ITEM # 69 C.P.P. DECEMBER 1, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 100
REPORT OF BIDS - ALLENDALE THEATRE INTERIOR
RENOVATIONS
(ITEM NO. 41, C.C.P., DEC. 15, 1998)
That the Commissioner of Community Development be,
and he hereby is authorized to award a contract for Allendale
Theatre Interior Renovations, for General Construction to
Gianadda Construction, Corp., in the amount of $279,888;
for Electrical Work to Tunney Electric, in the amount of $86,9
1 0; for Plumbing Work to M.K. S. Plumbing Corp., in the
amount of $26,990; and for HVAC Work to John W. Danforth
Co., in the amount of $25,129, the lowest responsible
bidders. Funds for the project are available in C.P.A. 200-
717-041, C.P.A. 202-717-503 and a new C.P.A. for this
purpose in the Division of Development.
PASSED.
AYES-13, NOES-0
NO. 101
WYOMING STREET BLOCK CLUB - USE OF 295
WYOMING AVENUE
(ITEM # 48 C.P.P. DECEMBER 15, 1998)
That the Wyoming Avenue United Neighbors Block Club
be granted the use of city-owned property located at the
north east comer of East Delavan and Wyoming, known as
295 Wyoming Avenue to erect a community block club sign
upon the conditions; that the Block Club erect the sign and
maintain the lot at their own cost and expense; that the Block
Club hold the City harmless against any accident or injury
arising from their use of the property, and that the lease
provide that either party has the right to cancel the
agreement upon thirty (30) days written notice to the other
party, and
That the Corporation Counsel be authorized to prepare the
necessary agreements and that the Mayor be authorized to
execute the same.
PASSED
AYES-13, NOES-0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 102
PROPOSED LANDMARK DESIGNATION - BECK
SISTERS RESIDENCE - 923 WASHINGTON STREET
(ITEM NO. 9, C.C.P., DEC. 15, 1998)
That the above item be, and the same hereby is returned
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to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 103
J. BREM-REQ. LANDMARK DESIGN.REV. 923
WASHINGTON
(ITEM # 68 C.P.P. NOVEMBER 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 104
J. BERIN-REQ.LANDMARK DESIGN.REV.923
WASHINGTON (PRES.BD.)
(ITEM # 8 C.P.P. DECEMBER 1, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 105
GEICO-AUTO INS. RATES IN BFLO.
(ITEM # 81 C.P.P. JUNE 9, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 106
DAMAGE TO WEST AVE. PROP. OWNERS BY NIMO
(#167,10/20)
(ITEM # 118 C.P.P. DECEMBER 1, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 107
APPOINTMENT OF MEMBER TO THE BOARD OF
ASSESSMENT REVIEW
(ITEM NO. 139, C.C.P., DEC. 15, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved:
That the appointment of a member to the Board of
Assessment Review of C Hetzner, residing at 67 Lancaster
Avenue, for a term commencing immediately be, a hereby is
confirmed.
ADOPTED.
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 108
CAZ. PK. - SEQR NEG. DECLARATION
(ITEM # 43 C.P.P. DECEMBER 15, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
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NO. 109
TRANSFER OF FUNDS - PUBLIC WORKS TO
COMMUNITY DEVELOPMENT
(ITEM NO. 147, C.C.P., DEC. 15, 1998)
That pursuant to section 42 of the Charter and the
Certificate of the Mayor, the Comptroller be, and he hereby
is authorized to transfer $421,201.72 from the Department of
Public Works - Capital Projects Fund to be reappropriated to
Capital Projects Fund Department of Community
Development - Demolitions.
PASSED
AYES-BROWN, COPPOLA, FONATAN, FRANCZYK,
GRAY, KAVANUAGH, LOTMEPIO, MANLEY, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI-12
NOES-HELFER-1
RESOLUTIONS
NO. 110
By: Mr. Coppola
ORDINANCE AMENDMENT
CHAPTER 437 - TAXICABS AND LIVERIES
The Common Council of the City of Buffalo does
hereby ordain as follows:
That Section 437-19 of Chapter 437 of the Code of the
City of Buffalo be amended to read as follows:
437-19. Taxi stands.
A.The following are hereby designated as places
where taxicabs may stand while awaiting
employment:
Name Side Location and Number
of Street Restrictions of Cabs
Pearl Street East From a point 55'
South of West Huron Street 3
to a point 125' South of West Huron
Street
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 111
By: Mr. Franczyk
BOND RESOLUTION
$950,000 BONDS
CITY-WIDE PARK IMPROVEMENTS
ACCOUNT 200-717
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $950,000 General Improvement
Bonds of said City to finance the cost of park improvements
at various locations throughout the City, at the estimated
maximum cost of $950,000.
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
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"City"), is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of
Nine Hundred Fifty Thousand Dollars ($950,000), 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 park improvements at various locations throughout
the City. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is
$950,000, as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1998-99, as
amended.
Section 2. The proceeds of the sale of
the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Community Development,
Division of Development, "City-Wide Park Improvements,
1998-99", Bond Authorization Account No. 200-717, 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
$950,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are
hereby determined and stated:
(a)The period of probable
usefulness applicable to the class of objects or purposes for
which the bonds authorized by this resolution are to be
issued, within the limitations of Section I 1.00 a. 19 (c) 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 107.00d.9. of the Law.
Section 5. Each of the bonds authorized
by this resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds and the renewals of
said notes shall contain the recital of validity as prescribed
by Section 52.00 of the Local Finance Law. Said bonds and
said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax
upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said
City are hereby irrevocably pledged to the punctual payment
of the principal of and interest on said bonds and said notes.
Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds
and said notes.
Section 6. The validity of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds, may be
contested only if:
(a)such obligations are
Page 49
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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 die 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: December 29, 1998
LAID ON THE TABLE.
NO. 112
By: Mr. Franczyk:
BOND RESOLUTION
$500,000 BONDS
LASALLE PARK REDEVELOPMENT
ACCOUNT 200-717
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $500,000 General Improvement
Bonds of said City to finance the local share of the cost of
various recreational improvements to LaSalle Park located at
the foot of Porter Avenue along the Niagara River, in the
City, at the estimated maximum cost of $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
Five Hundred Thousand Dollars ($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 local share
of the cost of various recreational improvements to LaSalle
Park located at the foot of Porter Avenue along the Niagara
River, in the City. The estimated maximum cost of said
class of objects or purposes for which the bonds authorized
by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof,
is $500,000, as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1998-99, as
amended.
Section 2. The proceeds of the sale of
the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Community Development,
Division of Development, "LaSalle Park Redevelopment,
1998-99", Bond Authorization Account No. 200-717, 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
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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
$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 period of probable
usefulness applicable to the class of objects or purposes for
which the bonds authorized by this resolution are to be
issued, within the limitations of Section 11.00.a.19 (c) 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 107.00d.9. of the Law.
Section 5. Each of the bonds authorized
by this resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds and the renewals of
said notes shall contain the recital of validity as prescribed
by Section 52.00 of the Local Finance Law. Said bonds and
said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax
upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said
City are hereby irrevocably pledged to the punctual payment
of the principal of and interest on said bonds and said notes.
Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds
and said notes.
Section 6. The validity of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds, may be
contested only if:
(a)such obligations are
authorized for an object or
purpose for which the City of
Buffalo is not authorized to
expend money, or
(b)the provisions of law which
should be complied with at the
date of the publication of such
resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c)such obligations are
authorized in violation of the
provisions of the constitution.
Introduced: December 29, 1998
LAID ON THE TABLE.
NO. 113
By: Mr. Franczyk:
BOND RESOLUTION
$300,000 BONDS
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60 HEDLEY PLACE RESTORATION
ACCOUNT 200-717
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 partial reconstruction of the historic City-
owned structure located at 60 Hedley Place, 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 partial reconstruction of the historic City-owned
structure located at 60 Hedley Place. 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
adopted Capital Improvements Budget of said City for fiscal
year 1998-99, as amended.
Section 2. The proceeds of the sale of
the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Community Development,
Division of Development, "60 Hedley Place Restoration,
1998-99", Bond Authorization Account No. 200-717, 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 I 1. 00 a. I 1. (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 107.00d.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
Page 52
98-1229.txt
by Section 52.00 of the Local Finance Law. Said bonds and
said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax
upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said
City are hereby irrevocably pledged to the punctual payment
of the principal of and interest on said bonds and said notes.
Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds
and said notes.
Section 6. The validity of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds, may be
contested only if:
(a)such obligations are
authorized for an object or purpose for
which the City of
Buffalo is not authorized to expend
money, or
(b)the provisions of law which
should be complied with at the date of
the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(b)such obligations are
authorized in violation of the
provisions of the constitution.
Introduced: December 29, 1998
LAID ON THE TABLE.
NO. 114
By: Ms. Gray
SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND
98 - 0 - DEPARTMENT OF WATER
021 ADMINISTRATIVE SERVICES
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 98-0
Department of Water, 021 Administrative Services, which
currently reads:
8 Account Clerk Typist $ 22,883 - $
25,495
Is hereby amended to read:
10 Account Clerk Typist $ 22,883 - $
25,495
WE, JOSEPH N. GIAMBRA, Commissioner of Public
Works, and JAMES B. MILROY, Director of the Budget,
hereby certify that the above change is necessary for the
proper conduct, administration and performance of essential
services of that department. We recommend that the
compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation
of the above-mentioned position, containing a statement of
the duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
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title for the proposed position.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
12/18/98 ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 115
By: Ms. Gray and Mr. Fontana
STATE GRANT FOR HENNEPIN PARK
Whereas: In 1991 the New York State Department of
Children and Family Services allocated approximately $2.7
million to be awarded for the renovation and expansion of
Hennepin Park Center, with a stipulation that the City
provide $900,000 towards this project to assist with the
renovation of the existing park, the building of a new park,
and the removal of asbestos from the existing building; and
Whereas: The City has reconfirmed its commitment to
provide the necessary funds for the Hennepin Park project
as stipulated; and
Whereas: This project has prompted innumerable concerns
and questions from. taxpayers and citizens from the
immediate area who have in turn requested this Council to
address such concerns; and
Whereas: Some of the issues brought to this Council
include, but are not limited to, the loss of greenspace at the
existing park, the costs of various aspects of the project, and
the possibility of a second story addition to the existing
building;
Now, Therefore, Be It Resolved That:
This Common Council request New York State to address
the above listed issues relating to the Hennepin Park project
in a public forum in order to give all concerned parties an
opportunity to express their views and concerns; and
Be It Further Resolved:
That this Common Council request that a representative
from the New York State Department of Children and Family
Services appear before this Council at the next Finance
Committee meeting to be held on January 5, 1999, at I 0:00
a.m. in Council Chambers, 13th Floor of Buffalo City Hall, in
order to address the above stated concerns.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
NYS DIVISION FOR YOUTH
NO. 116
By: Ms. Kavanaugh, Mr. Franczyk, Mr. Pitts
INCREASED PENALTIES FOR DEMOLITIONS WITHOUT
A PERMIT
Whereas: Buffalo is well-known around the world for its rich
architectural heritage and is justly proud of its historic
buildings; and
Whereas: Unfortunately, many of Buffalo's older buildings
have been demolished before the City could attempt to save
them because the penalty for demolition without a permit is
minimal; and
Whereas: If a contractor or owner fails to obtain a permit
prior to demolishing a building, the penalty is simply a
doubling of the normal permit fee; and
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Whereas: Some building owners may find it an acceptable
cost of doing business to pay the double fee if they are
caught without a permit, rather than going through the
required procedure of applying for the proper permits for
demolition; and
Whereas: In order to provide an effective deterrence to
prevent the unscrupulous demolition of older buildings, the
penalty for demolition without a permit should be increased,
thus insuring that the City receives adequate notice before
any demolition occurs and has the opportunity to attempt the
preservation of historically or architecturally significant
structures;
Now, Therefore, Be it Resolved:
That this Common Council requests the Corporation
Counsel to file an ordinance amendment increasing the fine
for demolition without a permit to a minimum of $5,000, with
an additional penalty of $5,000 if the building/property is
located within a locally designated historic district, is a local
historic landmark, a National Historic Landmark, or is listed
on the National Register of Historic Places; and that a
schedule be submitted by said contractor for demolition as
part of the demolition process to be reviewed/approved by
the authorizing/issuing department.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 117
By: Mr. Pitts
OPPOSE SHIPMENT OF PLUTONIUM MIXED OXIDE
REACTOR FUEL THROUGH BUFFALO
Whereas: The U.S. Department of Energy (DOE) has
developed a plan to "dispose" of a large portion of the Soviet
and U.S. stockpile of fissile materials (weapons-grade
plutonium and highly enriched uranium) by mixing these
weapons materials with reactor-grade uranium, to produce a
reactor fuel called MOX (mixed oxide fuel), much of which
would be used in Canadian reactors; and
Whereas: Current plans call for shipping test samples of
plutonium fuel from Los Alamos, New Mexico, to the Chalk
River Nuclear Laboratories in Ontario as part of this project;
and
Whereas: The US DOE has identified three potential border
crossings, one of which is the Thousand Island Bridge in
upstate New York; and
Whereas: The likely route from Los Alamos to Chalk River
would come through Buffalo on the NYS Thruway; and
Whereas: Among the concerns raised by this plan are the
following:
Plutonium is extremely carcinogenic. The
unplanned release of plutonium as a result of a traffic
accident or terrorist attack could have catastrophic
consequences;and
If this program is successfully implemented, it
would mean up to two decades of plutonium shipments to
Canadian reactors. The attendant threats to civil liberties
need to be examined as these shipments would be subject
to tight security arrangements; and
The cost of this program to taxpayers and
electricity ratepayers has not been calculated but it could
include the cost of upgrading aging reactors, increased
security measures, potentially expensive fuel, and the cost of
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dealing with the spent plutonium fuel; and
There is no generally accepted solution to the
problem of how to dispose of nuclear waste, which would be
generated anew by this project; and
Any movement of plutonium makes it more
accessible to theft and increases the risk to global security;
and
Whereas: David Bonior, Congressman from Michigan, has
expressed opposition to the potential use of the Port Huron-
Sarnia bridge for these shipments because of public outcry
over these issues;
Now, Therefore, Be It Resolved That:
This Common Council opposes the shipment of mixed oxide
fuel through Buffalo and requests the U.S. Department of
Energy to address the concerns raised in this resolution; and
Be it Further Resolved That:
This Council requests the WNY Congressional delegation to
hold a local hearing on the MOX issue; and
Be it Finally Resolved That:
The City Clerk send certified copies of this resolution to
President Clinton, to the U.S. Secretary of Energy, to the
members of the Western New York Congressional
delegation, to the Prime Minister of Canada and the Premier
of Ontario, to the Western New York Peace Center and to
the organization FACTS (For a Clean Tonawanda Site).
ADOPTED.
NO. 118
By: Mr. Pitts
TCI-AT&T MERGER
Whereas: Earlier this year it was announced that cable Giant
TO would merge with AT&T; and
Whereas: Buffalo's cable TV system is now owned by
Parnassos, a joint venture in which TO holds one-third
ownership; and
Whereas: While formal requests for approval of the TCI-
AT&T merger have been submitted to other municipalities
that have franchises with Parnassos, no such request has
come to the City of Buffalo; and
Whereas: Section 8.1 (b) of Buffalo's Cable TV Franchise
Agreement states that, "No change in control of the
Franchisee, the Cable System or the: Franchise granted
herein shall occur after the Effective Date of this Agreement,
by act of any Person holding control of the Franchisee, the
Cable System or the Franchise granted herein, by operation
of law or otherwise without the prior written consent of the
City; " and
Whereas: Industry experts believe that this merger will have
a far-reaching impact on this rapidly evolving field; and
Whereas: This transaction is of great significance locally as
well as nationally, since one-third of the Buffalo system will
be owned by a telephone company if the transaction takes
effect; and
Whereas: Throughout the country concerns have been
raised that, unless certain conditions are added, the TCI-
AT&T transfer will curtail competition and have a negative
impact upon the cost and availability of cable and
telecommunications services; and
Therefore be it resolved:
Page 56
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That Pamassos be requested to inform this Honorable Body
whether it intends to formally request the City of Buffalo's
approval of the TCIAT&T transfer, and to explain its legal
rationale for that decision; and
Be it further resolved:
That the Corporation Counsel be requested to issue a formal
opinion regarding the AT&T-TCI transfer; and
Be it finally resolved:
That the New York State Public Service Commission be
requested to comment on the proposed AT&T-TCI transfer
as it relates to the Buffalo franchise.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS, OFFICE OF
TELECOMMUNICATIONS
NO. 119
By: Mr Quintana
POLICE DEPARTMENT VEHICLE MAINTENANCE
Whereas: The effective maintenance of police vehicles is
crucial, both for the safety of police officers and for public
safety; and
Whereas :Reports have reached this Council that police
vehicles, particularly those that are used for 911 responses,
are being poorly maintained; and
Whereas: Reports include bald tires, bad lights and brakes,
and defective transmissions, along with speculation that
many of the vehicles would not pass a standard NY State
inspection; and
Whereas: Officers have brought vehicles to maintenance
facilities only to be turned away because the garage was too
busy to service them; and
Whereas: Response time is critical for 911 calls and it is
important that officers have full confidence in their vehicles
when hurrying to a crime scene; and
Whereas: If the department is skimping on vehicle
maintenance, it would not only be unsafe but "penny wise
and pound foolish" given the substantial liability issues
involved; and
Whereas: The City had to pay a fine in recent years because
department mechanics were removing catalytic converters
and replacing them with illegal exhaust mechanisms,
indicating that close monitoring of the police vehicle
maintenance function is warranted;
Now, Therefore, Be It Resolved That:
This Common Council requests the Police Department to file
a detailed report on vehicle maintenance including the
following:
The total number of vehicles maintained by the department;
The number of currently disabled vehicles;
The number of vehicles that could be classified as "at-risk";
The inspection procedures the department uses; and
Be It Further Resolved That:
Because the upkeep of police vehicles is so crucial to the
safety of police officers and the public, this Common Council
requests the NYS Department of Transportation to conduct
an inspection of the City of Buffalo's police vehicles.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
NO. 120
By: Barbara A. Miller-Williams
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SET PUBLIC HEARING
WATERFRONT REDEVELOPMENT PROJECT AREA "A"
APPROVAL - EASEMENT AGREEMENT
SINCLAIR RADIO OF BUFFALO, INC.
WHEREAS, the City of Buffalo Urban Renewal
Agency has negotiated an Easement Agreement with
Sinclair Radio of Buffalo, Inc.
WHEREAS, the terms of said Easement
Agreement has been negotiated by the Buffalo Urban
Renewal Agency and has been forwarded to your Honorable
Body for consideration.
NOW, THEREFORE, BE IT RESOLVED:
1.That the City Clerk is hereby directed to
publish the attached hereto and marked "Notice of Hearing"
in the Buffalo News, no later than the 1st of January 1999.
2.That this Common Council will conduct
a Public Hearing on the matter stated in said "Notice of
Hearing" at 2:00 P.M. in the Council Chambers on the 12th
of January 1999.
ADOPTED.
NO. 121
By: Messrs. Zuchlewski and Helfer
ORDINANCE AMENDMENT
CHAPTER 491 - WATER AND WATER POLLUTION
The Common Council of the City of Buffalo does
hereby ordain as follows:
That Section 491-74 of Chapter 491 of the Code of
the City of Buffalo be amended to read as follows:
F.Meters.
(1)The Division of Water shall meter all water
consumption, except in houses used for one and two-family
dwelling purposes not metered prior to June 1, 1974, where
there is no willful waste or unnecessary use of water.
However, commencing June 1, 1974, all new one- and two
family dwelling units constructed within the city shall be
required to have water meters installed, and the cost of said
meters shall be added to the charge for tapping the water
main.
(2)The following consumers are subject to meter
measurements only: multiple dwellings over two (2) families;
business, commercial and industrial establishments;
asylums; churches; public hospitals; charitable institutions;
schools (public, private and parochial); and colleges.
(3)No meter, however, will be furnished to any other
consumer for any purpose except at the minimum quarterly
rates per meter as provided in Chapter 175, Fees.
(4)If a meter or other water register at any time fails
to register the quantity of water, the quantity shall be
determined and the charge made based on the average
quantity registered during such preceding period of time prior
to the date of failure as the Director of Water may direct.
(5)No deduction may be made from the bills on
account of leakage. Bills for meter or other registered rates
are due and payable as provided for in 491-60 of this
Article.
(6)All defects in meters must be reported at the office
of the Division of Water for repair or correction.
(7)All persons using water for elevators or other
power purposes shall keep the registers in proper working
order. In case of failure of any of the registers, the owner or
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occupant of the premises shall forthwith have the same
repaired and report the same to the Division of Water.
(8)All meters and other registers must at all times be
accessible to the employees of the Division of Water for
examination and inspection.
(9)Effective January 1. 1999, the Division of Water
shall cause all meters and registers whether located inside
or outside the premises, to be read at least once per year, In
the event than City fails to read the meter within such one
year 12eriod- consumers may petition the Commissioner of
Public Works for an abatement of any uncollected arrears,
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 122
By: Councilmembers Zuchlewski, Manley, LoTempio,
Helfer, Franczyk, Coppola
REQUEST LEGAL OPINION AND ORDINANCE
AMENDMENT
Whereas: On September 8, 1998, resolution 4267, "Request
Information on Policy Regarding Water Meters," sponsored
by Councilmernber Kevin J. Helfer, was filed with this
Council and referred to the Committee on Finance and the
Corporation Counsel for an opinion; and
Whereas: On Tuesday, November 4, 1998, resolution 4153,
"Re: Ordinance Amendment (Water Board)," sponsored by
Councilmember Zuchlewki, was adopted by this Council,
requiring the Corporation Counsel's office to draft an
ordinance directing the Water Authority to read the inside
meters of all customers at least once a year and to include a
forgiveness of past due water bills caused by negligence on
the part of the City of Buffalo; and
Whereas: To date, this Common Council has not received
any response from the Corporation Counsel;
Now, Therefore, Be It Resolved:
That this Common Council demands that the Corporation
Counsel draft and file an ordinance amendment requiring the
Water Authority to read the inside meters of all customers at
least once a year, and including a provision for a forgiveness
of past due water bills caused by negligence on the part of
the City of Buffalo; and
Be It Further Resolved:
That the Corporation Counsel file an opinion regarding the
statute of limitations on water bill charges; and
Be It Finally Resolved:
That if the above requested information is not received by
2:00 PM, Thursday, January 7, 1999, this Common Council
requests that Michael B. Risman, Corporation Counsel,
attend the next Committee on Finance meeting to be held on
January 19, 1999 to explain to this Common Council why
this task can not be completed in an timely manner.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 123
By M. Zuchlewski
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
Page 59
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as indicated:
Felicitation for BISHOP NATHAN S. HALTON December
1998 By Councilmember HELFER
Felicitation for MS JANICE GARDNER DAY DECEMBER
11, 1998 By COUNCIL PRESIDENT JAMES PITTS
Felicitation for WORLD ASTHMA DAY DECEMBER 11,
1998 By COUNCIL PRESIDENT JAMES PITTS
Felicitation for MARIA ALCALA DAY JANUARY 2, 1998
By Councilmember ROBERT QUINTANA
Felicitation for DR. MAULANA KARENGA DAY DECEMBER
29, 1998 By Councilmember BEVERLY GRAY
ADOPTED.
NO. 124
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:
ADOPTED
MARIE R TURNER
DENA MARIE STAINSBY
SOPHIA WELSH
JENNIFER KUSMIERSKI
MAUREEN WILSON
SONIA STERRET
ELLEN HOFFMAN
JESSICA RODRIGUEZ
NORA A.DlGGIN
KARA SMITH
MlCHAEL R.O'CONNOR
MICHELLE D.RODRUGEUZ
NORA VAZQUEZ
PRISCILLA SCOTT
TINA M. DUGO
D[ANA VELEZ
FLORENCE CIRINO
JOHN POULSEN
D0ROTHY SMITH BELL
CATHERINE BECKER
JOAN MARKOWSKI
THOMAS MAYOR
ANNETTE FITCH
EDWIN J. KASPEREK
KAREN MCNAMERA
MARIA H. PIETRAS
PATRICIA A. SANDER
ELIXABETH J. MEGGER
RENEE C. RECHAN
JOAN GRUSZECKI
GWENDOLYN A. CLARK
ALLEN BROWN
JEAN NOEL MAHONEY
JOHN. AGER
SHIRLEY FAY
ROSE FASO
CHESTER PALUCH
SHIRLEY A. GRAZIADEI
JEAN GABEL
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DEBORA MACCAGNANO MICHAUX
NICOLE KILLENBECK
CHRISTINA PAGANO
JEREMY TOTH
MARY ANN KELLY
NO. 125
BY MR. ZUCHLEWSKI
APPOINTMENTS C0MMISSIONER 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 qualificatlons and filing same
with the City Clerk:
ADOPTED
Dennis Clark
Salvatore Zagarrigo
Robert Koch
Richard Can
Anna M. Rundle
Diana Johnstone
Judith C. Lips
Barbara McAlister
Lisa R. Jenkins
Charles E. Craven
Phylis Post,
Kathleen Palka Armstrong
Peter Barone
Bridget M. Carpino
Angela J. Filippone
Bruce L. Fisher
Kathleen A. Gregoire
Pamela L. Grzebielucha
Nancy A. Hammond
Patrick K. Irwin
Lawrence D. Jasinski
William Murphy
Andrew SanFilippo
Judy A. Winnert
Marc Flynn
Ronald Gospodarski
Paul Kozlowski
Kara Conboy
Melanie Desiderio
Gregory Jacobs
Joseph Dembski
Rebecca Henry
Vladimir Maximciuc
Anthony Sinionetta
Robert Trometer
Linda Barney
Linda Donovan
Patricia L. Goss
Tracy Jones
Marjorie Barone
Diane Terrell
Yvonne Syph
Maxine E. Hare
Anthony Alessi
Sharon Alexander
Ruby Brazile
Joanne Browne
Joel Carter
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Richard Degilan
John Fahey
Anthony Fasanello
Antonio Fasanello Jr.
Robert Gemerek
Brigette Gillespie
Robert Hickey
John I-Iolenski
Peter Jankowski
Jane Lussier
Jane May
Kathleen McHale
John Meegan
Gregory Mott
Robert Rice
Maria Rosa
David Rosolowski
Eric Rosser
Peter Schiferli
Francis Schwab
Marguerite Spears
Sheela Suchak
Robert Swan
Thomas Sztaba
Bart Tosto
Yvonne Hargrave
James Perry
Jacquelyn Ross-Brown
Devorah Maclin
Bernadette Corcoran
Richard Labin
Michelle Maccagnano
Barbara A. Kavanugh
Margaret T. Latona
Laura A. Weigand
Cindy Diem
Daniel A. Burke
Nancy Koebel
Judy Martin
Lillie Parker
Victoria Patterson
Beatrice Rouse
Ann Wagstaff
Alvina Staley
David Adamski
Evelyn Allen
Anthony Ando
Shawn M. Bailey
Robert Barrali
Ann M. Baudo
Francis A. Belliotti
Linda A. Benns
Herbert R. Bogner
Suzanne J Bohen
Elizabeth Britton
Thomas A. Brodfuehrer
Theresa A. Calvin
Slavatore A. Canazzi
Vincent J. Caputo
Christine Carney
Michael Castro
Amelia Coia
Francis J. Cunningham
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Timothy M. Curtin
Marianne Demarco
Nancy l. Demartino
Frank Digennaro
Thomas l. Dimaria
Charles Disalvo
Paul Dorlando
Jay b. Duderwick
Ronald J. Empiric
Anthony P. Fanti
Gary V. Fazio
Robert J. Felschow, jr.
Vincent Ferraraccio, jr.
Kevin j. Fitzgerald
Gene Fronczak
James P. Gallagher
Al F. Gambacorta
Christine M. Gawor
David P. Gilmour
Frank J Gizzo, sr.
Robert Golombek
Kevin J. Gould
Donald S. Grzebielucha
Francisco A. Guzman
John P. Hannon, jr.
Albert R. Howard
Olga Hernandez
Michel Holland
Kevin Horrigan
Albert Howard
Daniel I. Inglut
Dennis Richard Jowsey
James J Kaney
Christine T. Kasianowicz
Robert E. Katilus
Joanne M. Kearns
Timothy Keenan
Ann R Kilmurray
Peter Klemann
Arthur Kostrzewa
David Krug
Tracy Krug
Barbara J. Krzykowski
Dwain Laws
Marybeth Lecastre
William M. Leisck
Patrick Lonergan
Pasquale V. Lopatriello
Joanne D. Lopez
Kevin Luthringer
John J. Lynch
David Maloney
William J. Mara
Thomas W. Marchese
Lewis J. Maulucci
Michael I. McCarthy
Raymond K. Mcgurn
Paul W Mielcarek
Thomas G. Mills
Pamela A. Mix-Rush
Mohamed A .Mohamed
Michael l. Muscarella
Michael O'neill
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Sam j. Palmisano
Pascals.Panaro
David E. Pawlik
Louis J. Petrucci
Charles Phillips
Samuel W. Phillips
Bonnie Kane Lockwood
Patrick Sole, Jr.
David Pierowicz
Carolyn Pietraszewski
Ludovico Puccio
Thomas V. Puglisi
Catherine C. Roberts
Sandra B. Roessler
Robert J. Roman
Frank A. Rossi
Paula J. Scanlon
Joseph l. Schiavone
Larry J. Schiavone
Joan E. Scholl
Michael J. Schieber
Maria l. Scinta
Marilyn A. Scinta
Michael A. Scott
Christopher A. Skonecki
Nancya Smardz
Earl Smith
Ron Sokolowski
Melvin Stokes
Patricia D. Sucharski
Colleen M. Sullivan
Leonardo Tempestoso, jr.
Paula a. Tirone
Donald Tolbert
Joseph R. Tomasulo
Janice Tresp
Betty T. Tryjankowski
Sally Tutuska
Patricia A. Vanderwarker
David h. Vanini
Judy vona
William A. Wagner
Mable White
Thomas M. Wilcox
William R. Young
Richard Zielinski
Gary W. Ziolkowski
Mary Rose Zizzo
UNFINISHED BUSINESS
NO. 126
BOND RES. - $150,000-CITYWIDE PLAYGROUND
RENOVATIONS
(RES. 148-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio, now moved approval of the above item.
Seconded by Mr. Fontana
PASSED
AYES - 13 NOES - 0
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NO. 127
BOND RES. - $300,000-CITYWIDE TREE
REMOVAL/PLANTING
(RES. 149-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item
Seconded by Mr. Fontana
PASSED.
AYES - 13 NOES - 0
NO. 128,
L.L. INTRO. #14 (1998) CHARTER REVISION
COMMISSION
(RES. 153-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Fontana
PASSED.
NO. 129
L.L. INTRO. #15 (1998) DIVISION OF PUBLICITY
(RES. 154-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Fontana
PASSED.
AYES - 13 NOES - 0
NO. 130
L. L. INTRO. # 1 7 (1998) OBS. PROV. OF EMPLOY. -
POLICE/FIRE DEPTS.
(RES. 156-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now made a motion to refer said item to the
Committee on Legislation and Commissioner of Fire.
Seconded by Mr. Fontana
ADOPTED.
NO. 131
L.L. INTRO. # 18 (1998) CITY JURIS. OVER COURT
SYSTEM
(RES. 157-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Fontana
PASSED.
AYES - 13 NOES - 0
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NO. 132
L.L. INTRO. #19 (1998) CHG. NAME-
STADIUM/MEMORIAL AUD. BD.
(RES. 158-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded bv Mr. Fontana
PASSED.
AYES - 13 NOES - 0
NO. 133
L.L. INTRO. #20 (1998) DELETE OBS. PROV.
SUPERCEDED BY STATE LAW (RES. 159-C.C.P., DEC.
15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Fontana
PASSED.
AYES - 13 NOES - 0
NO. 134
L.L. INTRO. 421 (1998) ELIM. CLAIMS PROCESS FOR
DESTROYED BLDGS.
(RES. 160-C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Fontana
PASSED.
AYES - 13 NOES - 0
NO. 135
L.L. INTRO. #22 (1998) DELETE MATERIAL MADE
OBSOLETE BY STATE LAW/BARG. AGREE.
(RES. 16 1 -C.C.P., DEC. 15, 1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now made a motion to refer said item to the
Committee on Legislation and Commissioner of Fire.
Seconded by Mr. Fontana
ADOPTED.
NO. 136
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13th floor, mg
City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 5, 1998 at
9:30 o'clock A.M.
Committee on Finance Tuesday, January 5, 1998
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following Civil Service
Committee on Legislation Tuesday, January, 5, 1998 at
2:00 o'clock P.M.
Committee on Community Development Wednesday,
January 6, 1998 at 10:00 o'clock A.M.
Committee on Education Wednesday January 6, 1998
at 2:00 o'clock P.M. in Room 1417.
Ancillary Meetings
Special Committee on Budget will be meeting on
Wednesday, January 13, 1998, at 10:00 A.M. in Room 1417
City Hall.
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday,
January 13, 1998 at 2:00 o'clock P.M. in Room 1417.
Gretchen A. Pound
Council Reporter
NO. 137
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 2:38 pm
CHARLES L. MICHAUX, III
CITY CLERK
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