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98-1117.txt
No.(21)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(NOVEMBER 17, 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 T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-
Williams Members
Page 1
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FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Kevin J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, (NOVEMBER 17, 1998)
AT 2:00 P.M.
PRESENT Council Members Brown, Coppola,
Fontana, Franczyk, Gray, Helfer, Kavanaugh,
LoTempio,Manley, Pitts, Quintana, Williams and
Zuchlewski - 12.
ABSENT - Council President James W. Pitts, Acting
Mayor-1.
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
(November 4, 1998 ) were approved.
FROM THE MAYOR
NO. 1
111798001
APPOINTMENT OF MEMBER TO THE
Page 2
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BUFFALO SEWER AUTHORITY
Pursuant to the powers vested in me by Section 1177 of
the Public Authorities Law, I hereby appoint, subject to
confirmation by Your Honorable Body, Rodney I.
Richardson, residing at 688 Crescent Avenue, Buffalo, New
York 14216, as a member of the Buffalo Sewer Authority for
a term expiring June 30, 1999. Mr. Richardson will be filling
the unexpired term of Rev. Troy A. Bronner, who has
resigned.
Mr. Richardson is Vice-President and Regional Community
Development Manager of Fleet Bank of New York, Buffalo,
New York. He has held various managerial assignments
with Fleet Bank since 1971 to the present. Rodney
Richardson is very involved in community organizations, and
has received numerous awards for his active participation,
such as United Way Voluntary Community Service Award,
NAACP Community Service Award, Black Achievers in
Industry, etc.
Mr. Richardson is a member of the Greater Buffalo
Partnership, Buffalo Urban League, Inc., National
Association of Urban Bankers/Buffalo Chapter, St. Peter
Claver Youth Program, Inc., One Hundred Black Men Inc.,
etc.
I hereby certify that the above named individual is fully
qualified to serve as a member of the Buffalo Sewer
Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, DIVISION OF COLLECTIONS
AND COMPTROLLER.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 2
111798065
BUFFALO URBAN RENEWAL AGENCY
WEST END OF LARIVIERE DR.
ENCROACH RIGHT OF WAY
ITEM NO. 25, C.C.P. 11/4/98
The City Planning Board at its regular meeting held
Tuesday, November 10, 1998, considered the matter
captioned above pursuant to Section 317.1 of the City
Charter, Referable matters to the City Planning Board.
The applicant seeks to encroach the right-of-way with the
installation of a storm sewer and under ground conduit.
Under SEQR the proposed encroachment is considered an
unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed
encroachment.
RECEIVED AND FILED
NO. 3
111798066
SHIP CANAL
9 CITY SHIP CANAL
ITEM NO. 85, C.C.P. 11/4/98
The City Planning Board at its regular meeting held
Tuesday, November 10, 1998, considered the matter
captioned above pursuant to Section 387-19 of the Buffalo
Code, Application for ground, pole, or billboard permit.
The applicant seeks to erect an illuminated 14'x48'x3O',
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above the elevated roadway, billboard sign at 9 City Ship
Canal. Under SEQR the proposed billboard sign is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed
billboard sign with the condition that all previous approvals,
for billboards at this location first be rescinded.
RECEIVED AND FILED
NO. 4
111798067
PROCESS WELDING
667 TIFT ST.
ONE STORY OFFICE BUILDING
ITEM NO. 86, C.C.P. 11/4/98
The City Planning Board at its regular meeting held
Tuesday, November 10, 1998, considered the matter
captioned above pursuant to Section 511-67 of the Buffalo
Code, Buffalo Coastal Special Review District.
The applicant seeks to erect a one story frame 30'x48'
office building, located at 667 Tift St., as a replacement to
the existing one being razed. Under SEQR the proposed
office building is considered an unlisted action which may he
studied through uncoordinated review.
The Planning Board voted to approve the proposed office
building.
RECEIVED AND FILED
NO. 5
111798068
THE FRANKLIN PARTNERSHIP
250 FRANKLIN ST.,
A.K.A. 254 FRANKLIN ST.
HUMAN SERVICE PROVIDER
ITEM NO. 87, C.C.P. 11/4/98
The City Planning Board at its regular meeting held
Tuesday, November 10, 1998, considered the matter
captioned above pursuant to Section 511-136 of the Buffalo
Code, Use permit required for human service facilities.
The applicant seeks to move its operation from 220
Delaware Ave. to the second floor of 254 Franklin St. Under
SEQR the proposed human service facility is considered an
unlisted action which may be studied through uncoordinated
review.
The Planning Board found no additional concentration of
similar uses within 1-2 mile radius of the site.
RECEIVED AND FILED
NO. 6
111798069
267 NORTH STREET ASSOCIATES
5'X2'X4' GROUND SIGN
ITEM NO. 84, C.C.P. 11/4/98
The City Planning Board at its regular meeting held
Tuesday, November 10, 1998, considered the matter
captioned above pursuant to Section 387-19 of the Buffalo
Code, Application for ground, pole, or billboard permit.
The applicant seeks to erect a non-illuminated 5'x2'x4'
ground "ID" sign at 267 North St. Under SEQR the proposed
sign is considered an unlisted action which may be studied
through uncoordinated review.
Page 4
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The Planning Board voted to approve the proposed sign
with the conditions that appropriate landscaping be placed at
the base of the sign and that the applicant secure
Preservation Board approval.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
NO. 7
111798070
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMUNITY DEVELOPMENT - BOND FUNDS
PUBLIC WORKS - BOND FUNDS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $28,911.75 be
transferred and reappropriated from the Department of
Community Development - Capital Projects Fund, as set
forth below:
The amount to be transferred represents an unexpended
balance of items contained in the budget for the current
fiscal year and will not be needed at this time for the purpose
for which they were appropriated.
From:
200 Capital Projects Fund
717 - Department of Community Development
015 - Reconstruction Broadway Market Parking
Ramp $28,911.75
To:
202 Capital Projects Fund
402 - Division of Buildings
002 - Reconstruction of Broadway Market
$28,911.75
Dated:Buffalo, NY October 28, 1998
RECEIVED AND FILED
NO. 8
111798002
BUFFALO POLICE DEPARTMENT
FEDERAL ASSET FORFEITURE ACCOUNT
ANNUAL CERTIFICATION REPORT
Lumsden and McCormick, LLP, performs an annual audit
of the Federal Asset Forfeiture Account of the Buffalo Police
Department which we review.
The report is prepared to comply with the rules and
regulations of the Federal Asset Forfeiture program.
Attached is a copy of their report for fiscal year ending June
30, 1998.
RECEIVED AND FILED
NO. 9
111798112
RESPONSE OF AUDIT
TO REQUEST AUDIT OF THE BUFFALO ZOO
ITEM NO. 30, C.C.P. 11/04/98
The above resolution requests an audit be conducted by
the City Comptroller to identify budget lines that should be
improved. We need clarification as to what exactly
improving budget lines entails.
Page 5
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Since April 4, 1973, the Zoo has been operated under an
agreement with the Zoological Society of Buffalo. The City
provides an annual sum to subsidize the Society for its costs
in operating the Zoo. In addition, the Council approves all
fees charged by the Society and all concessions that are
sub-leased or contracted out, all major repairs must be
approved by the City's Director of Buildings and the Society's
proposed budget, including all estimated revenues and
expenses and projected Capital Improvements Program for
the year must be submitted to the City. Also, the proposal
shall have a balance sheet and profit and loss statement
attested to by a certified public accountant. The Zoological
Society also collects a 5% entertainment ticket fee which it
remits to the City.
The agreement allows the Comptroller of the City to
examine and audit the books and records of the Society to
determine compliance with the financial provisions in the
agreement and the reasonableness and appropriateness of
its acts. The City can also audit the books of the Zoo to
ascertain that the Society is collecting and remitting the 5%
entertainment ticket fee to the City. This exercise already
was completed and filed with the Common Council
(C.C.P.#13, 11/28/95).
Since the Zoological Society must submit its budget and
audited financial statements to the Common Council, the
City's Division of Audit has relied on these reports and has
never done a management audit of the Society.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE PRESIDENT OF THE COUNCIL
NO. 10
111798003
APPOINTMENT TO THE PEST
MANAGEMENT BOARD
I hereby appoint Nancy Smith of 210 Sycamore Street,
East Aurora, New York 14052 to the Buffalo Pest
Management Board. She will replace William Nowak who
has resumed his position with Council Staff.
Nancy Smith, a member of the New York League of
Women Voters, has been an active participant with the Pest
Management Board for several months and is well informed
on the issues the Board has been discussing.
Ms. Smith if fully qualified to serve as a member of the
Buffalo Pest Management Board.
RECEIVED AND FILED
NO. 11
111798123
BOARD OF ASSESSMENT REVIEW APPOINTMENTS
The following individuals are being appointed to temporary
positions on the Board of Assessment Review.
Keith Barnes William Maggio Robert Zielinski
29 Frankfort Ave. 230 Wellington Rd 30 Lyman St.
Buffalo, N.Y. 14211 Buffalo, N.Y. 14216 Bflo, N.Y. 14206
These individuals have served previously and have all
performed ably. Their terms will begin January 1999 to mid
February 1999.
I am also reappointing Mr. Edward Herndon to a
permanent position on the Board of Assessment Review.
Mr. Herndon has been serving and his term expired
September 30, 1998.
Mrs. LoTempio moved:
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That the appointments of Keith Barnes, William Maggio
and Robert Zielinski to temporary positions on the Board of
assessment Review be and they hereby are approved; and
That the permanent appointment of Edward Herndon to the
Board of Assessment Review be and hereby is approved.
PASSED.
AYES-12. NOES-0.
FROM THE COMMISSIONER OF ASSESSMENT
NO. 12
111798004
CERTIFICATE OF APPOINTMENT
Appointment Effective November 9,1998 in the
Department of Assessment to the Position of Assessor,
Permanent, Appointment, at the Maximum Starting Salary of
$41,116
Carl Nasca, 99 Middlesex Road, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 13
111798102
CERTIFICATE OF APPOINTMENT
Appointment Effective November 12,1998 in the
Department of Assessment of to the Position of Jr. Data
Control Clerk, Permanent, Appointment, at the Intermediate
Starting Salary of $22,997
Latifa A. Mack 159 Hamlin Road, Buffalo, NY 14208
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 14
111798103
CERTIFICATE OF APPOINTMENT
Appointment Effective November 12,1998, in the
Department of Assessment, to the Position of Jr. Data
Control Clerk Permanent, Appointment, at the Maximum
Starting Salary of $24,819
Linda L. Hardy, 112 Cottage Street, Buffalo, NY 14201
REFERRED TO THE COMMTTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 15
111798064
NOTIFICATION SERIAL #9094 NO STANDING - REPEAL
ON PEARL STREET, EAST SIDE BETWEEN WEST
HURON STREET AND WEST MOHAWK STREET
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO STANDING
PROHIBITED PORTION OFPROHIBITED
HIGHWAY PERIOD - DAILY
Pearl Street, east side at all times
Page 7
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between West Huron Street
and West Mohawk Street
This action is being taken in order to update our records to
reflect current field conditions. (see next 3 serials)
NOTIFICATION SERIAL # 9095 INSTALL NO STANDING
ON PEARL STREET, EAST SIDE FROM WEST MOHAWK
STREET TO A POINT 195' NORTH THEREFROM
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF PROHIBITED
HIGHWAY PERIOD
Pearl Street, east side at all times
From West Mohawk Street
To a point 195' north therefrom
This action is being taken in order to update our records to
reflect current field conditions.
(see previous and next 2 serials)
NOTIFICATION SERIAL # 9096
INSTALL PERMISSIVE PARKING
ON PEARL STREET, CAST SIDE
FROM A POINT 180' SOUTH OF WEST HURON STREET
TO A POINT 195' NORTH OF WEST MOHAWK STREET
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: PERMISSIVE PARKING
PROHIBITED PORTION OF PROHIBITED
HIGHWAY PERIOD - DAILY
Pearl Street, east side 2 hour parking
From a point 180' south of
West Huron Street 7:00 A.M. to 7:00 P.M.
To a point 195' north of except Sunday
West Mohawk Street
This action is being taken in order to update our records to
reflect current field conditions.
(see previous 2 and next serial)
NOTIFICATION SERIAL # 9097
PARKING METERS - INSTALL
ON PEARL STREET, EAST SIDE
FROM A POINT 180'SOUTH OF WEST HURON STREET
TO A POINT 195' NORTH OF WEST MOHAWK STREET
PARKING METERS - INSTALL
In conformity with Section 49 of Chapter 479 of the
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98-1117.txt
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 3 Section 33 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following:PARKING METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
Pearl Street, east side from a point 180' south of
West Huron Street to a point
195' south of West Mohawk
Street
This action is being taken in order to update our records to
reflect current field conditions.
(see previous 3 serials)
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
111798053
REPORT OF BIDS
MASONRY RESTORATION WORK
CRUCIAL COMMUNITY CENTER
I asked for and received the following sealed informal
proposals for Masonry Restoration Work, Crucial Community
Center, which were publicly opened and read on September
24, 1998.
Progressive Weatherproofing $9,500.00 Daly & Zilch
$9,880.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Progressive
Weatherproofing, in the amount of Nine Thousand Five
Hundred and 00/100 Dollars ($9,500.00), is the lowest
responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 203-402-501 - Division of Buildings.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated November 10, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Masonry Restoration
Work, Crucial Community Center, to Progressive
Weatherproofing, the lowest responsible bidder, in the
amount of $9,500.00. Funds for the project are available in
CH 203-402-501 - Division of Buildings.
PASSED
AYES-12, NOES-0
NO. 17
111798060
REPORT OF BIDS
ROOF REPLACEMENT PROJECT
CRUCIAL COMMUNITY CENTER
I advertised for on October 27, 1998 and received the
following sealed formal proposals for Roof Replacement
Project, Crucial Community Center, which were publicly
opened and read on November 10, 1998.
Base Bid Alt #1
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Jos. Sanders & Sons $36,669 $1,041
Jameson Roofing $47,701 $1,000
Alternate #1 is to provide a 15 year full service roof system
warranty in lieu of the 10 year roof system guarantee.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Jos. Sanders &
Sons, with a Base Bid of $36,669, add Alternate #1 for
$1,041, for a total amount of Thirty Seven Thousand Seven
Hundred Ten and 00/1 00 Dollars ($37,710.00), is the lowest
responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 203-402-501 - Division of Buildings.
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works dated November 10, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Roof Replacement
Project, Crucial Community Center, to Jos. Sanders & Sons,
the lowest responsible bidder, with a Base Bid of $36,669,
add Alternate #1 for $1,041, for a total amount of
$37,710.00. Funds for the project are available in CPF 203-
402-501 - Division of Buildings.
Passed.
AYES-12, NOES-0
NO. 18
111798057
REPORT OF BIDS
ROOF RECONSTRUCTION
ENGINE 37, LADDER 4
500 RHODE ISLAND STREET
I advertised for on October 13, 1998 and received the
following sealed formal proposals for Roof Reconstruction,
Engine 37, Ladder 4, 500 Rhode Island Street, which were
publicly opened and read on October 27, 1998.
All Weather Contractors $158,773.00
Jos. A. Sanders & Son $169,761.00
McGonigle & Hilger $172,799.00
All State Development $178,000.00
Heritage Brick $182,000.00
Progressive Roofing $225,000.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that All Weather
Contractors, in the amount of One Hundred Fifty Eight
Thousand Seven Hundred Seventy Three and 00/100
Dollars ($158,773.00), is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 203-402.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated November 4, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Roof Reconstruction,
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98-1117.txt
Engine 37, Ladder 4, 500 Rhode Island, to All Weather
Contractors, the lowest responsible bidder, in the amount of
$158,773.00. Funds for the project are available in CPF 203-
402.
Passed.
Ayes-12, Noes-0
NO. 19
111798059
REPORT OF BIDS
GRANT/FERRY STREET
VIDEO PATROL
I advertised for on October 27, 1998 and received the
following sealed formal proposals for Grant/Ferry Street,
Video Patrol, which were publicly opened and read on
November 10, 1998.
Hendler Electric, Inc. $88,500.00
Frey Electric $97,750.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Hendler Electric, Inc.,
in the amount of Eighty Eight Thousand Five Hundred and
00/1 00 Dollars ($88,500.00), is the lowest responsible
bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 202-401-004 - Division of Engineering.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated November 10, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Grant/Ferry Street,
Video Patrol, to Hendler Electric, Inc., the lowest responsible
bidder, in the amount of $88,500.00. Funds for the project
are available in CPF 202-401-004 - Division of Engineering.
PASSED
Ayes-12, Noes-0
NO. 20
111798054
REPORT OF BIDS
HOUGHTON PARK
ROOF RECONSTRUCTION
SHINGLE AND BUILT-UP
I advertised for on October 6 1998 and received the
following sealed formal proposals for Houghton Park, Roof
Reconstruction, Shingle and Built-Up, which were publicly
opened and read on October 20, 1998.
Jemco Roofing $81,000.00
McGonigle & Hilger $86,814.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Jemco Roofing, in the
amount of Eighty One Thousand and 00/1 00 Dollars
($81,000.00), is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 202-402-504 - Division of Buildings.
Mrs. LoTempio moved:
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98-1117.txt
That the above communication from the Commissioner of
Public Works dated November 10, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Houghton Park Roof
Reconstruction, to Jemco Roofing, the lowest responsible
bidder, in the amount of $81,000.00. Funds for the project
are available in CPF 202-402-504 - Division of Buildings.
PASSED.
Ayes-12, Noes-0
NO. 21
111798055
1184 HERTEL AVENUE
BENCHES WITHIN RIGHT OF WAY
Ms. Jocelyn S. Bos, Housing Director for People Inc.,
acting as agent for Ivy Rose Housing Corporation, owners of
the property located at 1180 Hertel Avenue, has requested
permission to install two benches within city right of way at
said address.
The proposed benches would be located near the building
face and therefore not impede pedestrian traffic.
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" to Ivy Rose Housing Corporation for said
encroachment provided the following conditions are met.
That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2. That the benches be installed exactly as shown on
plans submitted to and approved by the Department of
Public Works, Division of Engineering.
3. That the applicant be responsible for maintenance of
said benches as long as they remain within city right of way.
4. That the applicant supply the City of Buffalo with a five
thousand dollar construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of
the installation, maintenance, use and removal of said
benches.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated November 10, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to issue a "mere license" to Ms. Jocelyn S.
Bos, Housing Director for People Inc., acting as agent for Ivy
Rose Housing Corporation, located at 1184 Hertel Avenue,
to install two benches, which would encroach city right-of-
way at said address, subject to the conditions as listed in the
above communication.
Passed
Ayes-12, Noes-0
NO. 22
111798056
BOND CANCELLATION
1917 NIAGARA STREET
It is hereby certified that the bond described below be
cancelled:
Principal: Michael J. Utzig
Surety: Fidelity and Deposit Company of Maryland
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98-1117.txt
Amount: $5,000.00
Structure: Door, when opened, encroaching into right of
way
Location: 1917 Niagara Street
This bond is no longer necessary due to the fact a
replacement bond has been provided. The above captioned
bond should be deemed released and cancelled as to future
liability in accordance with the provisions of the City
Ordinances.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated November 10, 1998, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to cancel the above described bond with
Michael J. Utzig in the amount of $5,000.00 for 1917 Niagara
Street.
Passed
Ayes-12, Noes-0
NO. 23
111798039
PROPOSED SEWER AUTHORITY CONTRACT
ITEM NO. 152, C.C.P. 11/4/98
The above item was referred to this department for
comment.
No representatives of this department are currently taking
any steps towards developing a management contract with
American Anglian Environmental Technologies for the
operation of the Buffalo Sewer System. Such an endeavor
would be the sole responsibility of the Buffalo Sewer
Authority Board.
From the time that American Anglian submitted their
proposal and during several subsequent discussions,
American Anglian has indicated that they feel that many
efficiencies could be possible by combining the operations of
the sewer and water systems under one manager. We
have, however, not had any substantial discussions with
American Anglian on this issue, nor is this department taking
any steps towards developing such a contract.
REFERRED TO THE COMMTTEE ON FINANCE
NO. 24
111798058
ORDINANCE AMENDMENT
CHAPTER 437 - TAXICABS AND LIVERIES
INSTALL TAXI STAND - 3 CABS
PEARL STREET EAST SIDE
BETWEEN WEST HURON STREET
AND WEST MOHAWK STREET
TAXICABS AND LIVERIES - AMEND
The Hyatt Regency Hotel has been in operation since the
early to mid nineteen eighties at 2 Fountain Plaza. Since
that time a Taxi Stand, 3 Cabs, has existed adjacent to this
property on Pearl Street. This Taxi Stand provides a
convenience to both visitors and businesspeople staying at
the Hyatt Regency Hotel, while in Buffalo. This taxi stand, at
present, does not appear in Chapter 437 Section 19 of the
Charter and Code of the City of Buffalo.
It is therefore requested that Chapter 437, Section 19 of
the Charter and Code of the City of Buffalo (Taxi Stands) be
amended by adding thereto the following
Name of Street Side Location Number of
Page 13
98-1117.txt
and Restrictions Cabs
Pearl Street East From a point 55'
South of West Huron
Street To a point 3
125' South of West Huron
Street
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CORPORATION COUNSEL.
NO. 25
111798005
CERTIFICATE OF APPOINTMENT
Appointment Effective November 2, 1998 in the
Department of Public Works Division of Engineering to the
Position of Account Clerk Typist, Temporary, Promotion, at
the Intermediate, Starting Salary of $ 24,830
Bonieda Cascio, 27 Groveland St.,Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 26
111798007
CERTIFICATE OF APPOINTMENT
Appointment Effective November 2, 1998, In the
Department of Public works, Division of Engineering to the
Position of Assistant Engineer Provisional, Promotion, at the
Intermediate, Starting Salary of: $ 34,624
Michael H. Hoffert, 55 Coburg St., Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 27
111798008
INFORMATIONAL: APPOINTMENT OF DEPUTY POLICE
COMMISSIONER
This is to notify your Honorable Body, as a matter of
record, that I have appointed the following individual to
service in the capacity as Deputy Police Commissioner
effective October 28, 1998 at a salary of $80,575:
Mark E. Blankenberg 758 Robin Rd Amherst, N Y 14228
I feel this individual is a duly qualified candidate for the
position of Deputy Police Commissioner.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 28
111798043
REVIEW OF NOMINEE FOR
BOARD OF ELECTRICIANS
C.C.P., 11/4/98, NO. 2
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
November 9, 1998) that the following nominee for the Board
of Electricians has no outstanding debts to the City:
John Fecio
RECEIVED AND FILED
NO. 29
111798044
REVIEW OF NOMINEE FOR
BOARD OF PLUMBERS
C.C.P., 11/4/98, NO. 3
The Corporation Counsel conferred with the Division of
Page 14
98-1117.txt
Collections and reports (as verified by that Division as of
November 9, 1998) that the following nominee for the Board
of Plumbers has no outstanding debts to the City:
Harold K. Fawcett
RECEIVED AND FILED
NO. 30
111798042
REVIEW OF NOMINEE FOR
PLANNING BOARD
C.C.P., 11/4/98, NO. 4
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
November 9, 1998) that the following nominees for the
Planning Board have no outstanding debts to the City:
Susan Curran Hoyt
RECEIVED AND FILED
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 31
111798012
BILLIARD PARLOR
240 W FERRY
Pursuant to Chapter 92 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Billiard Parlor License located at 240 W
Ferry and find that as to form it is correct. I have caused an
investigation into tile premises for which said application for
a Billiard Parlor License is being sought and according to tile
attached reports from the Fire Department and the Building
Inspector, I find it complies with all regulations and other
applicable laws. I have caused an investigation by tile Police
Department and their approvals are attached hereto for Ho
Nguyen d/b/a Saigon Billiards at 240 W Ferry. This request
is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 32
111798045
REPORT OF BIDS - NEW
COMMUNITY RECREATIONAL AND
DAY CARE FACILITY AT
OLD SCHOOL NO. 62
As authorized by Your Honorable Body Item No. 41, C.C.P.
1/21/97, I asked for and received the following bids for the
New Community Recreational and Day Care Facility at Old
School No. 62, which were opened and publicly read on
November 10, 1998
General ConstructionBase Bid +Alt#l -Alt#2
Miller Enterprises, Inc.$897,000 $225,000 $15,000
12 Newfield Street
Buffalo, New York 14207
Gianadda Construction, Corp.$984,900 $326,420 0
786 Terrace Blvd., Suite 1
Depew, New York 14043
C.H. Byron Co.$986,000 $8296,000 $15,000
127 Skillen Street
Buffalo, New York 14207
Almeter Barry Construction$998,850 $285,417 $35,000
Management, Inc.
Page 15
98-1117.txt
P.O. Box 187
6195 West Quaker Road Orchard Park, New York
14127-0187
Allstate Development, Inc. $1,010,000 $197,000 $19,000
31 Ransier Drive
West Seneca, New York 14224
C.Nichter, Inc ' $1,017,000 $292,000 $40,000
30 Wiidwood Drive
Lancaster, New York 14086
Picone Construction & $1,021,000 $270,000 $35,000
& Development Corp.
8680 Main Street
Williamsville, New York 14221
Summit Const.Group,Inc $1,023,000 $250,000 $25,000
344 Vulcan Street
Buffalo, New York 14207
Concept Construction Corp. $1,125,500 $275,000 $20,000
2555 Transit Road
Elma, New York 14059
HVAC Work Base Bid +Alt#l
John w. Danforth Co. $222,000 $0
1940 Fillmore Ave.
Buffalo, N Y 14214
D.V. Brown & Associates, Inc. $227,400 $0
567 Vickers Street
Ton, N Y 14150-2516
Mollenberg-Betz, Inc. $ 229,700 $500
300 Scott Street
Buffalo, New York 14204-2293
Joseph Davis, Inc. $246,900 $0
120 W. Tupper Street
Buffalo, New York 14201-2192
Buffalo Sheet Metals, Inc. $247,600 $0
303 Central Avenue
Buffalo, New York 14206
Allied Mechanical, Inc. $257,917 $2,100
337 Main Street
Buffalo, New York 14209-1903
SLR Contracting & Service Co. $271,956 $2,500
598 E. Delavan Avenue
Buffalo, New York 14211
Plumbing Work Base Bid +Alt#l
M.K.S.Plumbing Corp. $213,000 $ 0
19 Ransier Drive
West Seneca, New York 14224
W.C. Roberson Plumbing & $214,091 $2,000
602 E. Delavan Avenue
Buffalo, New York 14211
Electrical Work Base Bid +Alt#l
Tunney Electric, Inc. $141,311 $ 0
8565 Roll Road
Clarence Center, N Y 14032
Grand Island Electric $147,529 $1,200
825 North Colony Road
Grand Island, New York 14072
CIR Electric Construction Corp. $151,200 $210
1067 Harlem Road
Buffalo, New York 14227
Weydman Electric, Inc. $151,496 $750
747 Young Street
Tonawanda, New York 14150-4192
Goodwin Electric, Corp. $157,960 $500
Page 16
98-1117.txt
121 California Drive
Williamsville, New York 14221-6654
Gordon & Zoerb Electric $177,700 $2,200
420 So. Harris Hill Road
Buffalo, New York 14221
Alternate #1 was an additional cost to raise the roof of the
multi-purpose room. Alternate #2 was a deduct cost from
the general contractors to substitute glass block windows in
lieu of standard commercial insulated glass windows.
The Architect's Estimate for all trades was $1,200,000.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following firms are
the lowest responsible bidders in accordance with the plans
and specifications:
General Construction: Miller Enterprises, Inc. with a Base
Bid of $897,000, less Alternate #2 for $15,000, for a total
amount of $882,000.
HVAC Work: John W. Danforth Co. in the Base Bid
amount of $222,000. Plumbing Work: M.K.S. Plumbing Corp.
in the Base Bid amount of $213,000. Electrical Work:
Tunney Electric, Inc. in the Base Bid amount of $141,311.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work
on the basis of the low bids. Funds for this work are, or will
be available in C.P.A. 200-717-039, C.P.A. 200-717-095,
C.P.A. 202-717-004,
C.P.A. 202-717-501 and a new C.P.A. for this purpose all
in the Division of Development.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 33
111798107
CDBG FUNDS - $40,000
RENTAL REHAB FUNDS - $40,000
I am respectfully requesting your approval for a $40,000 in
CDBG funds and $40,000 of Rental Rehab funds for a total
of $80,000.00 of funds to assist in the rehabilitation of this 44
unit apartment building. The loan terms will be 5% for 15
years. The monthly payment will be $632.63.
The developers will meet all criteria outlined; ie. current
City tax, County tax, and water bills; before and after
appraisals; copy of mortgage/deed; contractor's work write-
up, Rental Rehab application.
Funding Sources
$285,000.00 Private Financing
$40,000.00 CDBG funds
$40,000.00 Rental Rehab funds
$365,000.00 TOTAL CONSTRUCTION BUDGET
OWNER
197 North Street of Buffalo, New York, Inc.
252 E. Maplemere
Williamsville, New York, 14221
The property is located on North Street between Elmwood
and Delaware. There are forty four units in this project. The
property is in located in the immediate area of the Elmwood
Avenue Neighborhood Commercial Strip Development, as
defined in the City of Buffalo's 1997-98 Consolidated Plan.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated October 27, 1998, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to release the amount of
Page 17
98-1117.txt
$40,000.00 in CDBG funds and $40,000 of Rental Rehab
Funds for a total of $80,000.00 for 197 North Street of
Buffalo, New York, Inc. to assist in the rehabilitation of a 44
unit, apartment building on North Street between Elmwood
and Delaware. The loan terms will be 5% for 15 years.
Passed
AYES-12, NOES-0
NO. 34
111798050
CONTRACT #91978500 - CHANGE ORDER #1
RIVERSIDE PARK - PHASE 3
BIRCH GROVE LANDSCAPING - CONTRACTOR
During the course of construction, several changes and
additions to the scope of work occurred. Item #1: original
scope called for the demo and removal of two existing picnic
shelters. The laminated wood beams appeared to be sound
and the hope was they could be salvaged and used in
another park. Item #2: Miscellaneous parts for repairs to the
playground. Item #3: the consultants specifications called for
flexible under-drainage pipe. The plumbing dept. called for
ridged. Item #4: at the Councilman's request, the pruning of
two trees. Item #5: When the Consultant was designing the
storm water drainage system for the newly paved area at the
back of the hockey rink, it was assumed the existing drain
was tied into the ice rinks storm sewer system. Upon
excavating the area, it was discovered the existing drain was
not tied into the rink's storm sewer system. The Consultant
met with the sewer authority and a revised layout was
established. In addition to solving the immediate need of
carrying the water from the new catch basin to the storm
sewer located along Crowley Street, the layout and capacity
of sewer pipe will accommodate and handle future phases
that are on the planning board now.
We request this work be added to the above referenced
contract in the form of Change Order 41. Therefore, due to
unforeseen contingencies, we recommend Change Order #2
be added to contract #91978500.
Item Description Amount
#1 Selective demolition of laminated beams. $971.00
#2 Landscape Structures replacement parts. $514.00
#3 Change from flex HDPE pipe to rigid. $1,607.00
#4 Pruning of dead limbs (trees B & C). $500.00
#5 Additional under-drainage
110'/8"' & 5201/1811 $23,937.00
Total: $27,529.00
Original Contract Amount: $197, 550. 00
Change Order #1: $23,937.00
Revised Contract Amount: $221, 487.00
These additional costs and/or credits have been reviewed
by this Division and are found to be fair.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work
on the basis of the low bid. Funds for the work of this
change order will be made available in the City Bond Fund
Account #203-717003 for this project.
Mrs. LoTempio moved:
That the above communication from the Commissioner Of
Community Development dated November 17, 1998, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to issue change order No. 1, to
Page 18
98-1117.txt
Birch Grove Landscaping, an increase in the amount of
$23,937.00, as more fully described in the above
communication, for work relating to Riverside Park Phase 3,
Contract #91978500. Funds for this project are available in
the City Bond Fund #203-717-003.
Passed
Ayes-12, Noes-0
NO. 35
111798014
HIRE CONSULTANT
1 LIBERTY STREET
The Department of Community Development wishes to
request permission to hire a consultant to provide
professional services in an amount up to $20,000 for
remediation design work at 1 Liberty Street. This site has
been investigated by the City in conjunction with the New
York State Department of Environmental Conservation as
part of the Buffalo brownfields program.
An appropriate remediation is necessary in order that the
site may be reused for productive purposes.
Funds for this consulting agreement will be available from
Bond Fund Account 202-717-005 and will ultimately be
reimbursed in an amount of 75% under a grant which has
been awarded by the New York State Clean Water/Clean Air
Bond Act.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated November 5, 1998 be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to hire a consultant to provide
professional services for remediation design work at 1
Liberty Street, in an amount not to exceed $20,000. Funds
for this project are available in Bond Fund Account 202-717-
005 and will ultimately be reimbursed in an amount of 75%
under a grant which has been awarded by the New York
State Clean Water/Clean Air Bond Act.
Passed.
Ayes-12, Noes-0
NO. 36
111798071
RESULTS OF NEGOTIATIONS
549 EAST FERRY, WEST CORNER OF HUMBOLDT
PKWY.
VACANT LOT: 38' X 74' ASSESSED VALUATION: $2,100
The Department of Community Development, Division of
In-Rem Properties, has received a request to purchase 549
East Ferry Street from Ms. Lydia D. Jones, 141 Donaldson
Road, Buffalo, New York 14208. Ms. Jones recently
purchased 545 East Ferry Street, which is adjacent to 549
East Ferry Street. She intends to use the property at 549
East Ferry Street as a parking lot in connection with her
business.
The Department of Community Development and Division
of Collections have no objections to the sale. There are no
outstanding taxes, building code violations, or other liens
owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted
by Mr. Michael W. Heigel, general appraisal, 148 South
Marlin Road, Grand Island, New York. He has estimated the
value of the property to be One Thousand Dollars ($1,000).
Page 19
98-1117.txt
The Division of In-Rem Properties concurs with the
appraisers estimate of value.
The results of our negotiations are that Ms. Lydia Jones
has agreed and is prepared to pay One Thousand Dollars
($1,000) for the subject property. She has also agreed to
pay for the cost of the appraisal, transfer tax, recording fees
and cost of the legal description.
I am recommending that Your Honorable Body approve
the sale of 549 East Ferry Street to Ms. Lydia Jones in the
amount of One Thousand Dollars ($1,000). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 37
111798015
RESULTS OF NEGOTIATIONS
532 GENESEE, 654' SW JEFFERSON
VACANT LOT: 46' X 125'
ASSESSED VALUATION: $4,300
The Department of Community Development,
Division of In-Rem Properties, has received a request from
Rev. Dr. Rocelus Jessie, Pastor, Mt. Aaron Missionary
Baptist Church, 538 Genesee Street, Buffalo, New York
14212, to purchase the above captioned vacant lot, in order
that the church facility can be expanded. This parcel is
adjacent to their current church facility located at 536-542
Genes Street.
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 P. Tigle of R.W. Bronstein
Corporation, 3666 Main Street, Buffalo, New York 14226.
He has estimated the value of the parcel to be One
Thousand Dollars ($1,000), or Seventeen Cents (.17) a
square foot. The Division of In-Rem Properties has
investigated the sales in similar properties in the subject
area. Sale prices range from Thirty (.30) Cents a square
foot to One Dollar and Sixty-Four Cents ($1.64) a square
foot.
The results of our negotiations is that Rev. Jessie
of Mt. Aaron Missionary Baptist Church has agreed and is
prepared to pay One Thousand Seven Hundred Dollars
($1,700), which is Thirty Cents (.30) a square foot, for this
parcel. Rev. Jessie 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 532 Genesee Street to Mt. Aaron
Missionary Baptist Church for the amount of One Thousand
Seven Hundred Dollars ($1,700). 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
111798072
Page 20
98-1117.txt
RESULT OF NEGOTIATIONS
70 GREY, 510-50' S SYCAMORE
LOT SIZE: 26' X 190'
ASSESSED VALUATION: LAND - $1,600
72 GREY, 4841 S SYCAMORE
LOT SIZE: 261 X 190,
ASSESSED VALUATION: LAND - $1,600
The Department of Community Development,
Division of In-Rem Properties, has received a request to
purchase the above properties from Mr. Roosevelt Lee and
Mrs. Sarah E. Lee, 60 Grey Street, Buffalo, New York
14212. Mr. and Mrs. Lee reside at 60 Grey Street, which is
adjacent to 70 and 72 Grey Street. They intend to erect a
fence in order to secure their residence.
The Department of Community Development and
the Division of Collections have no objections to the sale.
There are no outstanding code violations, taxes or other
liens owed to the City by the purchasers.
An independent appraisal of the property was
conducted by M37. Dennis Walker of Able Appraisal
Associates, 43 St. Paul Street, Buffalo, New York 14209. He
has estimated the value of the properties to be Two
Thousand Two Hundred Dollars ($2,200). The Division of
In-Rem Properties concurs with the appraisers estimate of
value.
The results of our negotiations are that Mr. and Mrs.
Lee have agreed and are prepared to pay Two Thousand
Two Hundred Dollars ($2,200) for the subject parcels. They
have also agreed to pay for the cost of the appraisal, transfer
tax, recording fee's and cost of the legal descriptions.
I am recommending that Your Honorable Body
approve the sale of 70 and 72 Grey Street to Mr. Roosevelt
and Mrs. Sarah Lee in the amount of Two Thousand Two
Hundred Dollars ($2,200). 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. 39
111798108
RESULTS OF NEGOTIATIONS
194 LANDON, 318.22' E WOHLERS
VACANT LOT: 30' X 142'
ASSESSED VALUATION: $2,100
The Department of Community Development,
Division of In-Rem Properties has received a request from
Howard Brackett and Eddie Brackett, 196 Landon Street,
Buffalo, New York 14208, to purchase the above captioned
vacant lot Mr. and Mrs. Brackett reside at 196 Landon Street
and intend to use the lot for extra yard space.
The Department of Community Development and
the Division of Collection have no objection to the sale.
There are no building code violations, taxes or other liens
owed to the City of Buffalo by the purchasers.
An independent appraisal of the property was
conducted by Newton Real Estate of Buffalo, Inc., 2152 Main
Street, Buffalo, New York 14214, Mr. Sidney Clayton, Jr.,
appraiser. He has estimated the value of the property to be
One Thousand Six Hundred Dollars ($1,600). The Division
of In-Rem Properties has investigated the Bales of similar
properties in the area.
Sales prices range from Twenty-Five Cents (.25) to
Page 21
98-1117.txt
Fifty-Three Cents (.53) a square foot.
The results of our negotiations are that Mr. and Mrs.
Brackett have agreed and are prepared to pay One
Thousand Six Hundred Dollars ($1,600), Thirty-Seven Cents
(.37) a square foot, for this parcel. They have also agreed to
pay for the cost of the appraisal, transfer tax, recording fee's
and cost of the legal description.
I am recommending that Your Honorable Body
approve the sale of 194 Landon to Mr. and Mrs. Brackett in
the amount of One Thousand Six Hundred Dollars ($1,600).
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. 40
111798034
RESULTS OF NEGOTIATIONS
946 SYCAMORE, 37.46' W MILLS
VACANT LOT: 32' X 107',
W/A/P 21 X 18, IN THE WEST CORNER ASSESSED
VALUATION: $2,800.
948 SYCAMORE, WEST CORNER OF MILLS VACANT
LOT: 37' X 103',
ASSESSED VALUATION: $3,000.
The Department of Community Development,
Division of In-Rem Properties, has received a request from
50-60 Kosciuszko Street Housing Development Fund
Company, Inc. with its principal office at 525 Washington
Street, Buffalo, New York, 14203, to purchase the above
captioned vacant lots. 50-60 Kosciuszko Street Housing
Development Fund Company, Inc. intends to develop a
group home for the cronic mentally disabled.
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 Jones Real Estate Appraisal & Financial
Service, Inc., 1325 Kensington Avenue, Buffalo, New York.
He has estimated the value of 946 Sycamore Street to be
Two Thousand Three Hundred Dollars ($2,300) and the
estimated value of 948 Sycamore Street to be Two
Thousand Five Hundred Dollars ($2,500), for a total of Four
Thousand Eight Hundred Dollars ($4,800). He has
estimated the value of the property to be approximately
Sixty-Six Cents ($.66) a square foot. The Division of In-Rem
Properties concurs with the appraisers estimate of value.
The results of our negotiations are that 50-60
Kosciuszko Street Housing Development Fund Company,
Inc. has agreed and is prepared to pay Four Thousand Eight
Hundred Dollars ($4,800) for the two parcels together. The
Development Company has also agreed to pay for the cost
of the appraisal, transfer tax, recording fee's and cost of the
legal descriptions.
I am recommending that Your Honorable Body
approve the sale of 946 and 948 Sycamore Street to 50-60
Kosciuszko Street Housing Development Fund Company,
Inc. in the amount of Four Thousand Eight Hundred Dollars
($4,800). I am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer of
title and that the Mayor be authorized to execute the same.
Page 22
98-1117.txt
REFERRED TO THE COMMITTEE ON FINANCE
NO. 41
111798074
STATEWIDE SHARED SERVICES
PROGRAM GRANT
I hereby request permission for the City of Buffalo to apply
for a 1998 Statewide Shared Services Program for
municipalities and School Districts Grants in conjunction with
the Buffalo Board of Education. The Board of Education will
act as the lead party and applicant for the grant. The scope
of the grant proposal is to engage a consultant to conduct a
feasibility study to identify collaboration opportunities
between the Board of Education and the City of Buffalo for
the! shared use of park and recreational facilities. A number
of existing schools are located adjacent to city parks and
playground facilities and can provide recreational
opportunities for the school based population. In addition
opportunities will be explored to enhance the existing lighted
school house program.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 42
111798075
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
191 GRAPE (CITY OWNED-VACANT LOT, DIMENSIONS
25' X 116')
The Department of Community Development has
surveyed the city-owned vacant lot at 191 Grape Street,
Buffalo, New York 14204, parcel is 25' x 116' in dimension;
and it has been determined that this parcel is inappropriate
for either the construction of new housing or needed for
public purposes.
Ms. Nancy L. Mumford, residing at 189 Grape 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. Nancy L. Mumford 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
111798079
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
101 STANTON (CITY OWNED-VACANT LOT,
DIMENSIONS 30' X 105')
The Department of Community Development has
surveyed the city-owned vacant lot at 101 Stanton Street,
Buffalo, New York 14206, parcel is 30' x 105' in dimension;
and it has been determined that this parcel is inappropriate
for either the construction of new housing or needed for
public purposes.
Ms. Jackie Grant, residing at 93 Stanton Street
Page 23
98-1117.txt
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. Jackie Grant 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. 44
111798076
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
41 WOLTZ (CITY OWNED-VACANT LOT, DIMENSIONS
30' X 108')
The Department of Community Development has
surveyed the city-owned vacant lot at 41 Woltz Street,
Buffalo, New York 14212, parcel is 30' x 108' in dimension;
and it has been determined that this parcel is inappropriate
for either the construction of new housing or needed for
public purposes.
Ms. Taras Dominkiewicz, residing at 43 Woltz 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. Taras Dominkiewicz on the condition that
the property is cleared and improved within (6) months and
maintained in a sanitary manner.
Mrs. LoTempio moved:
That the above communication from the
Department of Community Development dated November 9,
1998, be received and filed; and
That the city-owned property commonly known as
a portion of 41 Woltz Street, is hereby designated as
Homestead Property, and that the Mayor be, and he hereby
is authorized to execute a deed transferring said property to
Ms. Taras Dominkiewicz, residing at 43 Woltz Street, for the
amount of $ 1. 00 (One Dollar), and all costs of transfer, on
the condition the property is cleared and improved within six
(6) months and maintained in a sanitary manner.
PASSED.
AYES-12. NOES-0.
NO. 45
111798016
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
232 WOLTZ (CITY OWNED-VACANT LOT, DIMENSIONS
30' X 118')
Page 24
98-1117.txt
The Department of Community Development has
surveyed the city-owned vacant lot at 232 Woltz Street,
Buffalo, New York 14211, parcel is 30' x 118' in dimension;
and it has been determined that this parcel is inappropriate
for either the construction of new housing or needed for
public purposes.
Ms. Linda Farrow residing at 234 Woltz 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. Linda Farrow on the condition that the
property is cleared and improved within (6) months and
maintained in a sanitary manner.
Mrs. LoTempio moved:
That the above communication from the
Department of Community Development dated October 26,
1998, be received and filed; and
That the city-owned property commonly known as
a portion of 232 Woltz Street, is hereby designated as
Homestead Property, and that the Mayor be, and he hereby
is authorized to execute a deed transferring said property to
Ms. Linda Farrow, residing at 234 Woltz Street, for the
amount of $1.00 (One Dollar), and all costs of transfer, on
the condition the property is cleared and improved within six
(6) months and maintained in a sanitary manner.
PASSED..
AYES-12. NOES-0.
FROM THE COMMISSIONER OF STREET SANITATION
NO. 46
111798017
CERTIFICATE OF APPOINTMENT
Appointments Effective November 9, 1998 in the Department
of Street Sanitation to the position of Heavy Equipment
Operator, Provisional, at the Maximum Starting Salary of
$29,814 per year.
William J. Destines, 98 Laurentian Drive, Cheektowaga, NY
14225
Alan Majewski, 215 Vanderbilt, Buffalo, NY 14206
Robert Ralph, 581 Plymouth, Buffalo, NY 14213
Michael Skowron, 1182 Walden Avenue, Buffalo, NY 14225
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 47
111798020
CERTIFICATE OF APPOINTMENT
Appointment effective November 9, in the Department of
Street Sanitation to the Positjon of Heavy Equipment
Operator, Temporary at the Maximum starting salary of
$ 29,814
Joseph Mazur, 1225 Wisconsin Road, Derby, NY 14047
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Page 25
98-1117.txt
NO. 48
111798019
CERTIFICATE OF APPOINTMENT
Appointment effective November 9, 1998 in the Department
of Street Sanitation to the position of Heavy Equipment
Operator, Provisional, at the Intermediate Starting Salary of
$28,000.
Vincent J. Sinibaldi, 181 Geary Street, Buffalo, NY 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 49
111798041
GENERAL FUND GAP SHEET - FIRST QUARTER 1998-99
Under this cover please find the City's General Fund gap
sheet for the first quarter of FY 1998-99. The gap sheet
projects a positive fund balance of $779 thousand for the
199899 fiscal year. It should be noted that this estimate is
based upon information currently available to the budget
office. Below is a surnmary of significant variances from the
199899 budget.
Revenues are currently projecting $1.497 million below
budget. This projected shortfall results from a combination
of revenues that are projected to lag budget estimates and
others that are projected to exceed estimates. The largest
shortfall is a $1.137 million reduction in STAR revenue that
resulted from inaccurate State estimates. The State failed to
account for properties assessed at less $34,440, the
maximum STAR exemption. Other revenues projecting
below budget include: Demolition revenue from bond funds
(-$430 thousand); Utility taxes (-$350 thousand)- and Cash
and non-cash refunds (-$150 thousand). Revenues and
resources projected to exceed budget include a $195
thousand increase in PILOTs and $441 thousand in
resources -- $391 thousand from prior years' fund balance
for the purchase of Police cars and $50 thousand from the
reserve for capital appropriations for the purchase of radio
equipment for the Fire department.
Offsetting the projected loss of revenue is $2.276 million in
savings. Pension savings, including accruals, is $4.766
million. Personal services are projected to exceed budget by
$1.1 million. This $1.1 million overrun results from a
combination of increased costs and savings. Overtime is
projected to exceed budget by $2.5 million. Court time is
expected to exceed budget by $600 thousand. Seasonal
employment costs are projecting $500 thousand over budget
as are Salary Ordinance additions. On the positive side,
additional attrition savings is projected at $3.0 million. Other
cost overruns are in the areas of materials and supplies
(primarily Police uniforms, gas and tires), purchase of
services (repair costs for the Fire Boat Cotter, Fire Medical
and auto body and transmission services), miscellaneous
charges and exempt items. Exempt items are up due to the
purchase of Police cars and Fire radio equipment noted
above. Miscellaneous charges are up due to the K-9
settlement that is yet to be paid.
I hope this document informs the Council on the City's
current fiscal condition. If there are any questions, I am
always available to meet with your honorable body.
REFERRED TO THE COMMITTEE ON BUDGET.
Page 26
98-1117.txt
NO. 50
111798077
MEMO OF AGREEMENT-IAFF LOCAL #282 AFL-CIO
Please accept for filing the negotiated agreement between
the City of Buffalo and IAFF, Local 282, AFL-CIO, covering
the time period July 1, 1996 to June 30, 1998.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 51
111798078
NEGOTIATED AGREEMENT-LOCAL #264
Please accept for filing the package representing the
negotiated agreement between the City of Buffalo and
Teamsters Local 264, covering the time period July 1, 1998
to June 30, 2002.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 52
111798080
CERTIFICATE OF APPOINTMENT
Appointment Effective November 2, 1998 in the Department
of Administration and Finance, Division of Parking
Enforcement to the Position of Parking Meter Operations
Supervisor I, Provisional, at the Maximum Starting Salary of:
$33,576
Carl M. Barone, 127 Crestwood Avenue, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 53
111798022
CONTRACT # T-960315
NYS EDUCATION DEPARTMENT
MACHNICA CENTER TUTORING PROGRAM
The Department of Human Services, Parks and Recreation
has been awarded $ 9,000 in funding by the New York State
Education Department to assist in the implementation of a
tutoring program at the Machnica Center. The grant is a 12
month award.
The goal of the project is to enhance and meet the
educational needs of the youth in the service area by
providing tutorial services in the area of reading and math for
learning disabled youths. The project will assist 50
neighborhood children per school year. Progress of the
tutoring will be monitored by tracking quarterly report cards.
The Department of Human Services, Parks and Recreation
is requesting the Council to authorize the establishment of
and interfund loan of $9,000.
Mrs. LoTempio moved:
That the above communication from the
Commissioner of Human Services, Parks & Recreation
dated October 27, 1998, be received and filed; and
That the Commissioner of Human Services, Parks
& Recreation be, and he hereby is authorized to accept a
$9,000 funding from the New York State Education
Department to assist in the implementation of a tutoring
program at the Machnica Center and that the Comptroller
be, and he hereby is authorized to establish an interfund
loan in the amount of $9,000.
Page 27
98-1117.txt
PASSED.
AYES-12. NOES-0.
NO. 54
111798025
SOUTH PARK GOLF CONCESSION
1998 SEASON
The South Park Golf Concession is currently
under contract with Ms. Maritza and Ms. Lucien Miller for
the years 1997 and IM. They have the option to renew the
agreement for an additional two [21 yews commencing with
the 19" season.
We have received a request from Maritza Miner
for a reduction in the 1998 rent [2nd half of rent due by
August 15th per agreement].
Maritza operates a concession in probably the
oldest building in the Park's concession system. She has
done an admirable job, mostly through her own efforts and
initiative to carry on a profitable operation at this location.
This year the South Park Golf Course has faced a
new challenge - the invasion of thousands of Canada
Geese. The geese have decided to make the lake and the
surrounding green areas, namely the golf greens and
fairways of South Park, home. The biggest problem with the
geese are the goose droppings, however, the geese also
feed on the golf course. This has resulted in some damage
to the roots system of the various grasses that make up a
golf course. A hot and dry summer has also affected the
daily usage of all our golf courses.
Starting in the month of June 1998 all courses
experienced a drop in daffy golf revenues. We feel that this
drop was a direct result of the hot and very often humid
weather. Preliminary figures show approximately 22% drop
in daily revenues from June through October, 1998. Indeed,
our only other concessionaire [Cazenovial has approached
my office regarding a rent reduction. We are making the
South Park request since a compromise was discussed and
arrived at between my office and Maritza Miller. The amount
$ 3,220. has been billed, the 2nd. half annual rent due.
[Nothing has been paid]
We would agree to a waiver of one half of this
amount, equaling $1,610. This would amount to a 25%
waiver of the 1998 annual rent.
Without some relief for South Park Golf
concession, I believe we can look forward only to another
protracted collections action on the City's part, and a 19" re-
bidding for this concession location.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CIVIL SERVICE COMMISSION
NO. 55
111798038
RECRUITMENT FOR POLICE OFFICER EXAM
This office is in receipt of your request for
the following information:
A copy of the budget and media contact list used to
recruit minorities.
Copy of any modifications of the contact list and
recruitment efforts. Please be advised that this office
has no information relative to the recruitment
material that you have requested.
Page 28
98-1117.txt
As was discussed previously with the Common
Council, this matter should be taken up with the Buffalo
Police Department once recruitment for the Police Officer
exam has been completed.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 56
111798026
SAL. ORD. AMEND.- COM. DEV.
RES #147 CCP 11/4/98
Please be advised that there is a job specification on
file with this office for the position of Assistant Director of
Office of Citizen Participation and Information.
Please note that this position was previously held by
Frank Stahl, Jr., who retired on September 27, 1996.
The duties on the personnel requisition and the job
specification remain the same.
REFFERED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
NO. 57
111798048
PROPOSED SEWER AUTHORITY CONTRACT
NO. 152, CCP, NOV 4. 1998
The Buffalo Sever Authority Board Members and General
Manager are unaware of any contract negotiations with
American Anglian Environmental Technologies. The only
contract the Buffalo Sever Authority executed with AAET
was a contract to collect on delinquent sewer accounts
based on water usage. AAET began collecting delinquent
sever accounts in October 1997. Based on the average
collections from the previous three years, AAET is over $1.5
million behind.
COLLECTION OF SEWER RENT BASED ON WATER USE
FLAT RATE AND METERED ACCOUNTS:
Actual Cash Collections
Sept. 1997 to August 1998 $23,019,619 AAET Contract
with Water Board 9/l/97
Sept. 1996 to August 1997 $24,228,347 - Amana Capital
Collected
Sept. 1995 to August 1996 $24,571,160
Sept. 1994 to August 1995 $24,770,412
Average 1995-1997 24,523,306 AAET Less Than Average
(1,503,687)
Source: BSA Cash Collection Sheets from City Treasury
Although AAET's poor efforts in collections, as well as the
problems they are experiencing with their Metering Program,
their new billing system, and customer service, all have a
negative effect on the Buffalo Sever Authority, we will
continue to work with AAET in a positive and professional
manner.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY CLERK
NO. 58
111798104
MAYOR REPORTED OUT OF STATE
I transmit herewith a communication received by me from
the Mayor, reporting his absence from the state from
Saturday, November 14th,1998 from 6:00 a.m. until
Wednesday, November 18th, 1998, at 11:00 p.m.
Page 29
98-1117.txt
RECEIVED AND FILED.
NO. 59
111798081
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
Delaware Park Casino Exquisite Catering Steven Calvaneso
1880 Niagara Street Zanzibar Hector Hernandez
69 Fulton Street Folmar Restaurant John Lozhan
218-222 Franklin Street Thbasmt Inc.
RECEIVED AND FILED
NO. 60
111798082
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:
Assessment- Linda Hardy
Police- Patricia Denecke
Corporation Counsel- Diane Devlin
RECEIVED AND FILED.
NO. 61
111798083
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. 62
111798084
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 Nov. 9,1998 in the Department of
Common Council to the Position of Intern V, Seasonal,
Appointment, at the intermediate Starting Salary of $8.00
Shello C. Hardy 234 E.Ferry Street,.Bflo, New York 14208
Appointment Effective November 9, 1998 in the
Department of Common Council to the Position of Intern IV
Seasonal, Non-Competitive, at the Flat, Starting Salary of $
6.00 per hr.
Jahnine Gibson. 14 Marigold St., Buffalo, NY 14215
NO. 63
Page 30
98-1117.txt
111798085
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 STADIUM AND AUDITORIUM
Appointment Effective 11/2/98 in the Department of 61-
Stadium and Auditorium, Division of 1-North AmeriCare Park
to the Position of Senior First Class Stationary Engineer,
Temporary, Appointment, at the Flat, Starting Salary of:
$7.33
Gerald Lewandowski, 173 Eden Street, Buffalo, 14220
DEPARTMENT OF ASSESSMENT
Appointment Effective November 4, 1998 In the
Department of Assessment to the Position of Clerk,
Seasonal, Non-Competitive at the Flat Starting Salary $5.20
/ Hr.
Gretchen M. Keller, 106 Pacific Avenue, Buffalo, NY 14207
Appointment Effective: November 9, 1998 in the
Department of Assessment to the Position of Clerk,
Seasonal, Non-Competitive at the: Flat Starting Salary of
$5.20 / Hr.
Maryann Alongi, 87 Rebecca Park, Buffalo, NY 14207
Appointment Effective: November 9, 1998 in the
Department of Assessment to the Position of Clerk,
Seasonal, Non-Competitive at the: Flat Starting Salary of
$5.20 / Hr.
Kristie Sokolowski, 71 Ashley Street, Buffalo, NY 14212
DEPARTMENT OF PUBLIC WORKS
Appointment Effective October 30, 1998, in the
Department of Public Works, Division of Buildings to the
Position of Senior First Class Stationary Engineer,
Temporary, Appointment, at the Flat, Starting Salary of $
7.03
James T. Conrad, 128 Harding Road, Buffalo 14220
Charles A. Kulp, 1015 Abbott Road, Buffalo 14220
John Kupinski, 241 Columbus Avenue, Buffalo 14220
John M. Meegan, 137 Eden Street, Buffalo 14220
Joseph P. Rizzo, 43 Portland Street, Buffalo 14220
Brian P. Shea, 387 Okell Street, Buffalo 14220
Edward D. Standish III, 14 Portland Street, Buffalo 14220
Appointment Effective November 4, 1998, in the
Department of Public Works Division of Buildings, to the
Position of Senior First Class Stationary Engineer
Temporary, Appointment, at the Flat, Starting Salary of $
7.03
Lawrence L. Doctor, Jr., 29 Boone Street, Buffalo 14220
Kevin G. McCarthy, 146 Hollywood Avenue Buffalo 14220
Daniel J. Schamann 49 Hammerschmidt Avenue Buffalo ,
4210
Kenneth E. Zabawa, 168 Alabama Street, Buffalo 14204
Appointment Effective November 10, 1998, in the
Department of Public Works, Division of Buildings, to the
Position of Senior First Class Stationary Engineer
Temporary, Appointment, at the: Flat, Starting Salary of: $
Page 31
98-1117.txt
7.33
Paul N. Calmes, Sr. 159 Como Avenue, Buffalo 14220
Earl J. Mekelburg, 1186 Seneca Street, Buffalo 14210
DEPARTMENT OF STREET SANITATION
Appointment Effective November 5, 1998, in the
Department of Street Sanitation to the Position of Seasonal
Laborer II, Seasonal, Non-Competitive, at the flat starting
salary of $6.92/hr.
Eduardo Perez 169 Virgil Avenue, Buffalo, NY 14216
John Gress, 122 Fargo, Buffalo, NY 14201
Johnny Fluker, 251 Lemon Street, Buffalo, NY 14204
Appointment Effective 11/9/98 to the Department of Street
Sanitation, to the Position of Seasonal Laborer II, Seasonal,
Non-Competitive, to the Flat, Starting Salary of $6.92/hr.
Michael A. Moss, 54 Montclair Street, Buffalo, NY 14215
Appointment Effective 11/11/98 in the Department of
Street Sanitation to the Position of Seasonal Laborer II,
Seasonal Laborer II, Seasonal, Non-Competitive, at the Flat
Starting Salary of $6.92/hr.
Jerry L. Kirkland 4 Devon Green Court Towne Gardens
Buffalo, NY 14204
Rory T. Newton, 64 Fox, Buffalo, NY 14212
DEPARTMENT OF HUMAN RESOURCES
Appointment Effective Nov. 2,1998 in the Department of H
Services Division of Recreation, to the Position of Fee
Collector, Seasonal, Non Competitive, at the Flat, Starting
Salary of $5.15
Burt Mirti, 703 St Lawrence, Buffalo 14216
Appointment Effective November 16, 1998 in the
Department of Human Services, Division of Recreation to
the Position of Refrigeration Plant Engineer Seasonal, Non
Competitive, at the Flat, Starting Salary of $6.91
Louis Limina, 52 North Park, Buffalo 14216
NO. 64
111798086
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 AUDIT AND CONTROL
Appointment Effective 11/16/98 in the Department of
AUDIT & CONTROL, Division of ACCOUNTING, to the
Position of JUNIOR DATA CONTROL CLERK,
PERMANENT, APPOINTMENT, at the MINIMUM. Starting
Salary of: $22,366.00
MONICA L. EMMINGER, 4 DELSAN CT, BFLO, NY 14216
DEPARTMENT OF ASSESSMENT
AMENDMENT NO. 1 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 Minimum Starting Salary of
Page 32
98-1117.txt
$25,309
Secret S. Thompson, 67 Madison Street, Buffalo, NY 14206
Appointment Effective November 5 in the Department of
Assessment to the Position of, Senior Tax Clerk, Permanent,
Appointment, at the Minimum, Starting Salary of $25,309
Kathleen M. Holy 93 Duerstein, Buffalo, NY 14210
DEPARTMENT OF POLICE
Appointment Effective November 2, 1998, in the
Department of: Police , to the Position of: Report Technician
Contingent Permanent, Appointment, at the Minimum
Starting Salary of: $23,705
Kathleen M. Adams, 88 Sage Avenue, Buffalo, New York
14210
Appointment Effective 10/28/98 in the Department of
Police to the Position of Crossing Guard, Temporary, Non-
Competitive, at the Minimum, Starting Salary of $6.09
Sally Johnson, 667 Norfolk Ave.,Buffalo NY 14215
Appointment Effective 11/4/98 in the Department of' Police
to the Position of Crossing Guard, Temporary Non-
Competitive at the Minimum, Starting Salary of: $ 6.09
Shirlina M. Reinacher, 916 Prospect Ave.,Buffalo, NY 14213
DEPARTMENT OF LAW
Appointment Effective 11/2/98 in the Department of Law
080, to the Position of Assistant Corp. Counsel I (Municipal
Attorney), Permanent, Non-Competitive, at the: Minimum,
Starting Salary of: $39,856.00
Jennifer Scalisi, 55 Hobmoor Avenue, Buffalo, New York
14216
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment Effective: November 2, 1998, in the
Department of Administration and Finance, Division of
Parking Enforcement, to the Position of Motor Equipment
Mechanic, Permanent, Appointment, at the Minimum
Starting Salary of $25,891
Paul J. White, 79 Hammerschmidt, Buffalo 14210
Appointment Effective: November 2, 1998 in the
Department of Administration and Finance, Division of
Parking Enforcement, to the Position of Parking Enforcement
Supervisor I, Permanent, Appointment, at the Minimum,
Starting Salary of: $29,045
Joseph A. Teresi, 474 Starin Avenue, Buffalo 14216
DEPARTMENT OF STREET SANITATION
Appointment Effective 11-2-98 in the Department of Street
Sanitation, to the Position of Truck Driver (TEMPORARY),
Temporary, Appointment, at the Minimum, Starting Salary of
27,492
Nicholas Mastrocovo 36 Seymour Street, Buffalo, NY 14210
Appointment Effective: 11/2/98., in the Department of
Street Sanitation to the Position of Seasonal Laborer II,
Seasonal, Non-Competitive, at the Flat, Starting Salary of:
$6.92/hr.
Vincent A. Cicatello, 33 Beatrice, Buffalo, NY 14207
Appointment Effective 11/3/98 in the Department of Street
Sanitation to the Position of Street Sanitation, Seasonal
Laborer II, Seasonal, Non-Competitive, at the Flat, StartIng
Salary of: $6.92/hr.
Michael Lee, 77 East Parade, Buffalo, NY 14211
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
Page 33
98-1117.txt
NON-OFFICIAL COMMUNICATIONS
NO. 65
111798035
ADELPHIA
AMENDMENT OF FRANCHISE AGREEMENT - CITY OF
BUFFALO
In accordance with Section 222 of the Public Service Law
and Part 592-1.4 of the Commission's Rules, Parnassos,
L.P. d/b/a Adelphia Cable Communications hereby requests
approval of amendment of its franchise agreement for the
City of Buffalo. At the time of the transfer of the City's
franchise from to Parnassos, L.P., the City, Parnassos, and
TO signed a transfer agreement that was intended to amend
the franchise. Below and attached is information required by
the Commission's regulations:
1 .Parnassos, L.P. d/b/a Adelphia Cable Communications
Main at Water Street, Coudersport, PA 16915, (814) 274-
9830
2.City of Buffalo 65 Niagara Square Buffalo, NY 14202
(716) 851-5431
attn:City Clerk
3.Attached is a copy of the amendment signed by the City,
TO and Parnassos
4Attached is proof of publication of the City's notice of public
hearing
5.There are no rate changes effected by this amendment.
6. A copy of this application is being filed simultaneously on
the City of Buffalo.
If you have further questions or need additional information,
please contact me at (814) 274-9830.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND OFFICE OF
TELECOMMUNICATIONS.
NO. 66
111798046
ADELPHIA
CUSTOMER REBATE OFFER PER TRANSFER
AGREEMENT
Per your request, attached is a sample of the notification
we recently sent out to all addressable converter customers.
As you will see, there are options for the customer to choose
from. Per the transfer agreement, we were to offer the
following choices:
1.$3.00 per month rebate for 3 months.
2.A totally free pay service for 3 months.
3.12 coupons for free PPV movies.
You will notice that all customers have these choices.
Additionally, all Non-Addressable Converter and non-
equipment accounts automatically received a $3.00 per
month credit. If you need further clarification, please call
either of us at 843-8040 or 843-8030 respectively.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND OFFICE OF
TELECOMMUNICATIONS
NO. 67
111798027
J. ANDRUSHAT
ST. MARY'S SQUARE CONDOMINIUM
Our office is the property management company for St.
Page 34
98-1117.txt
Mary's Square Condominium located at the corner of
Edward Street and Elmwood Avenue.
There is a security fence along Elmwood Avenue that has
been damaged over the years by vehicles trying to
maneuver the slight curve along Elmwood going north.
The Board of Managers would request reflective signs be
installed on the fence to inform drivers of the possible
problem, especially during icy and snowy conditions.
We would appreciate any assistance you may be able to
offer.
REFERRED TO THE COMMITTEE ON LEGISIATION"AND
COMMISSIONER OF PUBLIC WORKS.
NO. 68
111798062
J. BREM
REQ. LANDMARK DESIGNATION REVIEW-
923 WASHINGTON
I am requesting that the Common Council review my
application for designating die Anna Beck cottage at 923
Washington Street a local landmark.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
BUFFALO PRESERVATION BOARD.
NO. 69
111798052
BUFFALO CHARTER REVISION COMMISSION
MINUTES-11/5/98 & 11/12/98
Attached are the meeting minutes from November 5 and
November 12, 1998
REFERRED TO THE COUNCIL PRESIDENT
NO. 70
111798109
D. CABAN
HERMAN BADILLO BILINGUAL ACADEMY
SPEED ZONE SIGNS
The purpose of this letter is to request your assistance in
posting a speed zone sign on the streets surrounding the
Herman Badillo School. Each weekday at 8:30a.m. and
2:30p.m. our students enter and leave the building. Most of
them are coming from streets west of Carolina. At 8:00 a.m.
cars are traveling at high speeds in their attempts to enter
main thoroughfares to the west and east of Carolina. This
makes the intersection at Carolina and Tracy dangerous for
them while walking to school.
There are no speed zone signs on any streets surrounding
the school at the present time. We therefore request your
assistance in having them posted before one of our students
is hit by a speeding car.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONEROF PUBLIC WORKS.
NO. 71
111798097
M. GARGUILE
OPPOSE RITE AID EXPANSION AT ELMWOOD AND
BRYANT
Council Member,
I am writing you to voice gr4.vq concern about the
proposed Rite Expansion at Elmwood & Bryant.
I support the enforcement of the current zoning code which
prohibits this size of building in our Elmwood Avenue
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98-1117.txt
neighborhoods.
I further oppose this expansion Because: It is Unneeded,
none of its designs fit the Elmwood aesthetic & its mandatory
parking lot proposal is a nuisance.
RECEIVED AND FILED
NO. 72
111798028
T. GARLOCK
AUDIT OF ZOO
(NO. 141, C.C.P., NOV. 4,1998)
Councilman Coppola has asked me to provide comments
and recommendations to the Council concerning item: 'Req.
Audit of Zoo" (#141 C.C.P. Nov 4, 1998).
The proposed resolution calls for, in part, the management
of the Buffalo Zoo (Zoological Society of Buffalo, Inc.) to file
a report with the Council stating a list of needed
improvements for the Zoo facility. In the body of the
resolution, it is recommended that a list of priorities should
be established to 'know what should be taken care of to
modernize and upgrade the present zoo".
The Society will be pleased to submit, as soon as it can be
completed, a complete list of facility repairs needed on an
urgent basis, as well as a projection of increased operating
assistance required from the City, given present and
anticipated attendance trends.
The Society will appreciate it if the Council will clarify its
meaning in regard to 'modernize and upgrade." If it is the
intention of the Council to understand what actions will be
required to ensure a quality, ethically operated and vibrant
institution at the present site for the next 100 years to reflect
the present planning process of the Society, we shall be
pleased to provide that information, as well.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 73
111798036
H. HOFFERT
HEALTH INSURANCE BLUE CROSS/BLUE SHIELD -
CITY OF BUFFALO RETIREES
Councilmember Helfer, I am submitting this letter to you as
you suggested in our telephone conversation.
I was a career employee for over thirty-one and one-half
years, until my retirement in January 1992.
It has recently come to my attention that in the current
coverage from Blue Cross and Blue Shield, Inc., dated July
1, 1998, a portion of our coverage has been changed. The
Major Medical rider covers no drugs. Specifically, the co-pay
part of one's drug prescription costs may no longer be
submitted to Major Medical for an eighty-percent
reimbursement.
As you are aware, the agreement between the City of
Buffalo and Local 650 for the period ending June 30, 1995,
Article VI - Health and Life Insurance, Section 6.3 - Medical
Insurance Upon Retirement, states in part:
"Without any cost to them, all members of the bargaining unit
shall receive upon retirement, until death, the plan in effect
at the last day of service to the City."
I've waited until now to write to you as I thought my Union
Local 650, American Federation of State, County and
Municipal Employees, AFL-CIO, would have taken this Lip
With YOU. However, after a conversation with a union
representative, who said I should be speaking to someone in
Page 36
98-1117.txt
the Labor Relations Division and Labor Relations suggesting
I call Councilmember Helfer, and seeing individuals pursue
this matter, I decided to write to YOU directly.
The unilateral change as previously addressed is not
acceptable to me, and I'm requesting that my former
coverage, as called for by my contract with the City of
Buffalo, be reinstated.
Thank you for your attention to this very important matter.
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR
LAW IMPASSE.
NO. 74
111798031
NYSDOT
NOTICE OF APPROPRIATION
PIN 5753.84.221
CITY OF BUFFALO - STEVENSON STREET
ERIE COUNTY
MAP(S) 9; IO; PARCEL(S) 9, 10, 11, 12; 13,14
Attached are the Notice of Appropriation and map(s) for
the above-referenced property, to which you have been
certified as having a possible right, title, or interest. Please
be advised that title to the property, easement, or right
indicated on the attached map has been vested in the name
of the People of the State of New York on the date noted on
the attached Notice of Appropriation.
This service is an official notice to you of our appropriation in
accordance with Section 502 of the Eminent Domain
Procedure Law, and also begins a 3-year Statute of
Limitations period in which to file a claim in the New York
State Court of Claims.
These forms are for your records; there is nothing to be
signed or returned. If you have any questions concerning
this notice or would like additional information about the
need or how to file a claim, please contact Judith A. Drozd,
Assistant Right-of-Way Agent, at (7i6) 849-6555 or by mail at
the above address.
RECEIVED AND FILED
NO. 75
111798047
NEW YORK STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL
NOTICES OF FUNDING AVAILIBILITY
I am please to announce that the Housing Trust Fund
Corporation (HTFC) and the Division of Housing and
Community Renewal (DHCR) has issued a Notice of
Funding Availability (NOFA) for HTF, HOME, RESTORE and
Low-Income Housing Credit (LIHC) availability. An
application workshop will be held for Western New York in
Buffalo on Monday, November 23' at 10:00 a.m. at the Erie
Community College (downtown), located at 131 Ellicott
Street. I urge everyone to attend.
HTF, HOME, LIHC project applications will be due February
8, 1999 and HOME LPA applications will be due March 22,
1999.
We will also conduct application clinics for project
applications during the weeks of December 7 and December
14. Application clinics for HOME LPAs will be held the
weeks of January 11 and January 18.
Please contact Marilyn Pierson at (716) 842-2244 ext. 237 to
schedule an appointment.
RECEIVED AND FILED
Page 37
98-1117.txt
NO. 76
111798111
E. OVERTON
POOR WORKMANSHIP AND MATERIALS
423 N. DIVISON ST.
The last letter I sent to you (one certified and one regular
mail) on September 22, 1998, which you acknowledged that
you had received during a phone conversation, stated that I
had left seven messages for you at your 501 Audubon
Parkway office, in an attempt to speak with you concerning
the dilemma about the columns/post on the front of my home
at the above address. If you will notice from my last letter it
says columns and not column. Those attempts to speak to
you were prior to me having wrought iron posted installed to
replace the termite infested columns that your company had
installed during the building of my home. My home is less
than three years old years. You chose not to communicate
with me until weeks later. Unfortunately, in the past, weeks
and even months have gone by before I was able to speak
to you concerning problems with poor workmanship and
materials used by M. J. Peterson Corporation when you built
my home. This is just another area that proves that the
quality is poor and that your lines of communication are not
open until after the fact. As I also stated to you I had called
your building supervisor, Chris O'Brien, who would not give
me a chance to tell him what the problem was before he
abruptly stated, "write a letter" and promptly hung on me.
This conversation with Mr. O'Brien and the many calls to
your corporation were prior to the installation of the wrought
iron post. It appears that know one at M.J. Peterson wants
to listen to the customer after the home is completed. My
calls were not acknowledged by the receptionist, who
claimed later to your secretary that I never called or left
messages.
On September 22, 1998, you suggested during a phone
conversation that your building supervisor, Mr. O'Brien, pick
up a piece of the infested wood for your perusal. It took Mr.
O'Brien over 2 weeks to pick up the wood (on October 6,
1998) even though both of you have my home number (716
854 6459) and pager number, (716) 618 9121.
Once Chris O'Brien finally pick up the wood, along with one
of several pictures that I had taken of the area, it took over
two weeks for me to reach you (over 8 messages) and again
I was later told that I did not leave any messages. When I
finally reached you on October 14th, You stated, "I'll give you
$150.00", and you concurred that the column was indeed
constructed of infested wood. When I asked you why, even
though, as I had stated to you during the September 22,
1998 conversation, that I had paid $633.00 to replaced the
post/columns with wrought iron, you stated you would have
replace the column with wood for $150. You also stated that
I should have contacted you before I replaced them, to which
I stated that I had but know one returned my calls.
As I had stated previously, I will not accept $150.00 for
something that is clearly not my fault. Termites are not
found in this area. At present I have been advised to have
the entire house inspected for termites, which will be another
expense that I must endure.
It has been one thing after another with this house, from
cracked cathedral ceiling, not once but twice, poor electrical
wiring, poor carpeting etc. Unfortunately, each time
something was wrong with this house I had to constantly call
Page 38
98-1117.txt
your corporation just to get someone to return my call.
I am requesting that I be reimbursed for the full cost of
replacing the termite infested column in the amount of
$633.00 plus the cost of the termite inspection and any
repairs that may be necessitated as a results of the termite
inspection.
As with the Septemeber 22,1998 letter that I sent you,
another signed copy of this letter was also sent to you. One
was sent certified and the other letter was sent regular mail.
May I please hear from you with in I (one ) week of date of
this letter.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 77
111798032
TELERGY
MFS FRANCHISE AGREEMENT
At the direction of your office, this letter will serve as
Telergy's request to be included as an Agenda Item at the
November 17, 1998 Common Council Meeting for the
purpose of finally adopting the attached MFS Franchise
Agreement with the City of Buffalo. This request was
originally submitted for consideration at the November 4,
1998 meeting but was apparently never placed on that
Agenda.
Please be advised that in the event Telergy and the City
reach agreement on the terms of a separate franchise
agreement, the Director of Telecommunications, Thomas
Tarapacki, may be submitting a negotiated agreement for
consideration at the November 17th meeting. In that event,
Telergy would withdraw the attached MFS Agreement.
However, absent such substitution, we request that the
attached be maintained as an Agenda Item for this meeting.
Please date stamp a copy of this letter to confirm that the
matter is on the November 17, 1998 Agenda and return to us
by facsimile. If you have any questions, please feel free to
call me at the number indicated below.
Thank you for your consideration.
REFERRED TO THE SPECIAL C0144ITTEE ON
TELECOMMUNICATIONS AND OFFICE OF
TELECOMMUNICATIONS.
NO. 78
111798029
US ARMY CORPS. OF ENG. PERM. MOORING OF
FLOATING REST.
David Tallichet, dba Specialty Restaurants Corporation,
4155 E. La Palma Avenue, Suite 250, Anaheim, California
92807, has applied for a Department of the Army permit to
permanently moor the H.M.S. LANSDOWNE as a floating
restaurant. The LANSDOWNE, measuring 70 feet wide by
300 feet bow to stern, is the last remaining side wheeler
railcar ship on the Great Lakes and was built in the 19th
Century to ferry railroad cars across the Detroit River to
Windsor, Ontario, Canada. Specialty Restaurants
Corporation, in cooperation with the Historical Society, the
Lower Lakes Marine Historical Museum, and the Railroad
Historical Society, will design and complete major
renovations to transform it into a floating restaurant, meeting
facility and floating museum.
The applicant proposes mooring the ship along the existing
seawall in the Niagara River (downstream entrance to the
Page 39
98-1117.txt
Black Rock Lock) at Rich marina, near the foot of Hertel
Avenue. The ship will be secured with two wire ropes at
both the bow and stern. The mooring lines would be
attached to shore bollards anchored in the dock and to bitts
installed on the main deck of the ship. Tensioning would be
applied from the shore during mooring to ensure that the
ship is held against the guide dolphins throughout the
estimated range of water levels. The dolphins consist of
steel pipe or wooden poles, driven into the river bed and
braced off the existing steel sheet pile seawall. Two 4 foot
wide gangway access ramps will be installed between the
dock and main deck, one at the stern and the other at the
bow. Two main ramp access docks will be installed parallel
to the seawall. The ramps will be fixed at the dock end and
will be raised or lowered at the platform end which would be
maintained at the level of the main deck. Additionally, the
applicant proposes to close, by installing steel sheet piling,
an existing marina entrance measuring approximately 44
feet and create a new opening in the existing steel sheet
piling wall measuring approximately 50 feet in length to
accommodate the mooring.
Location and details of the above described work are shown
on the attached maps and drawings.
Questions pertaining to the work described in this notice
should be directed to Diane M. Clements, who can be
contacted by calling (716) 879-4309, or by e-mail at:
Diane.M.Clements@usace.army.mil
Permanent Mooring of Floating Restaurant
The applicant has certified that the proposed activity
complies with New York's approved Coastal Zone
Management Program and will be conducted in a manner
consistent with that program. Any comments on the
consistency of the proposed activity with New York State's
Coastal Zone Management Program should be forwarded to:
Ms. Diana Boos, New York Department of State, Division of
Coastal Resources, Consistency Coordinator, Coastal
Management Program, 41 State Street, Albany, New York
12231-0001, Telephone (518) 486-3200
There are no registered historic properties or properties
listed as being eligible for inclusion in the National Register
of Historic Places that will be affected by this project.
In addition, available evidence indicates that the proposed
work will not affect a species proposed or designated by the
U.S. Department of the Interior as threatened or
endangered, nor will it affect the critical habitat of any such
species.
This notice is promulgated in accordance with Title 33, Code
of Federal Regulations, parts 320-330. Any interested party
Comments should be sent to the U. S. Army Corps of
Engineers, 1776 Niagara Street, Buffalo, New York 14207-
3199, and should be marked to the attention of Diane M.
Clements, desiring to comment on the work described herein
may do so by submitting their comments, in writing, so that
they are received no later than 4:30 pm on the expiration
date of this notice.
or by e-mail at: Diane.M.Clements@usace.army.mil. A lack
of response will be interpreted as meaning that there is no
objection to the work as proposed.
Comments submitted in response to this notice will be fully
considered during the public interest review for this permit
application. All written comments will be made a part of the
administrative record. Due to resource limitations, this office
will normally not acknowledge the receipt of comments or
Page 40
98-1117.txt
respond to individual letters of comment.
Any individual may request a public hearing by submitting,
their written request, stating the specific reasons for holding
a hearing, in the same manner and time period as other
comments.
Public hearings for the purposes of the Corps permit
program will be held when the District Commander
determines he can obtain additional information, not
available in written comments, that will aid him in the
decision making process for this application. A Corps
hearing is not a source of information for the general public,
nor a forum for the resolution of issues or conflicting points
of view (witnesses are not sworn and cross examination is
prohibited). Hearings will not be held to obtain information
on issues unrelated to the work requiring a permit, such as
property ownership, neighbor disputes, or the behavior or
actions of the public or applicant on upland property not
regulated by the Department of the Army. Information
obtained from a public hearing is given no greater weight
than that obtained from written comments.
Therefore, you should not fail to make timely written
comments because a hearing might be held.
The decision to approve or deny this permit request will be
based on an evaluation of the probable impact, including
cumulative impacts of the proposed activity on the public
interest. That decision will reflect the national concern for
both protection and utilization of important resources. The
benefits which reasonably may be expected to accrue from
the proposal must be balanced against its reasonably
foreseeable detriments. All factors which may be relevant to
the proposal will be considered including the cumulative
effects thereof; among these are conservation, economics,
aesthetics, general environmental concerns, wetlands,
historic properties, fish and wildlife values, flood hazards,
flood plain values, land use, navigation, shoreline erosion
and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property
ownership, and in general, the needs and welfare of the
people.
The Corps of Engineers is soliciting comments from the
public; Federal, state and local agencies and official Is;
Indian Tribes; and other interested parties in order to
consider and evaluate the impacts of this proposed activity.
Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition
or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered
species, historic proper-ties, water quality, general
environmental effects, and the other public interest factors
listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact
Statement pursuant to the National Environmental Policy
Act. Comments are also used to determine the need for a
public hearing and to determine the overall public interest of
the proposed activity.
NOTICE TO POSTMASTER: It is requested that this notice
be posted continuously and conspicuously for 30 days from
the date of issuance.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, CORPORATION COUNSEL AND
COMMISSIONER OF PUBLIC WORKS.
Page 41
98-1117.txt
NO. 79
111798098
VINAL & VINAL
W.C. ROBERSON
PROJECT:NEW COMMUNITY RECREATION
AND DAY CARE FACILITY AT OLD SCHOOL NO. 62
JOB NO.: 97-07
I represent W. C. Roberson Plumbing & Construction
Corp. ("Roberson"). Roberson bid on the plumbing portion
of the above referenced project. Roberson bid $214,091.00
and the next lowest bidder, MKS Plumbing, bid $213,000.00.
As you may know, Roberson is a minority firm and MKS
Plumbing is a majority firm.
Roberson's bid included a "2-13" form, indicating he was the
minority contractor who would be utilized. Apparently, MKS
Plumbing did not fill in form 2-13 before submitting the bid.
Apparently, MKS Plumbing was allowed to fill in this form
after the bid. I cannot be more exact because Ron Empric
would not state when he received the completed form.
MKS Plumbing's bid is being recommended by Ron Empric.
His claim is that there is no federal money and he can waive
any informalities so the failure of MKS to commit to use any
minority contracts should not be fatal.
In all due respect to Mr. Empric who has 27 years
experience awarding contracts, we believe he is mistaken for
the following reasons.
First, Joseph E. Ryan specifically stated in the invitation to
bid on this particular project, not just in a general memo that
"The project is subject to a 10 per contrum. goal for the
utilization of minority business, enterprises where the award
made under this contract equals or exceeds $50,000.00..."
This indicates a clear intent by the City on this project to
utilize minority firms.
Further, the City@a instructions to bidders include a specific
provision, "All requirements of Executive Order 1 1246 are a
part of this contract and the bidders must acquaint
themselves with its contents. All spaces on page numbered
31.18 must be completely filled out (where applicable) and
signed prior to bid opening. Filling of any spaces after bid
opening will not be considered legal." (Page 5)
These instructions are not in any way limited only to jobs
funded in whole or in part by the federal government.
Rather, this is an express incorporation and adoption of the
requirements of Executive Order 1 1246 into this project
Further, Mr. Empric's acts of allowing the spaces to be filled
in after bid opening was not legal per these instructions and
was not simply the correction of an informality.
Based on these clear facts, the contract should be awarded
to Roberson and not to MKS.
The reason the government is required to have sealed bids
and a formal bidding procedure is to ensure fairness and
public perceptions of fairness. A government official
controlling hundreds of thousands of dollars cannot act
secretly, changing bids or failing to disclose relevant facts.
Clearly, Mr. Empric believes he was acting fairly, but his
refusal to disclose candidly what happened and his allowing
acts which the contract states are not legal, at least make
the public think there is some unfairness.
Mr. Empric stated that you had the authority to direct him to
change his view of whether allowing the minority form to be
completed in a manner which is not legal, is an informality or
should disqualify MKS. We ask that you find that this
disqualifies MKS and that you instruct Mr. Empiric to award
Page 42
98-1117.txt
the contract to Roberson.
A copy of this letter is being faxed to Mr. Empric
as a courtesy to him.
Please evaluate this as soon as possible and get back to me
so we know how to proceed.
REFERRED TO THE COMMITTEE ON FINANCE-
PETITIONS
NO. 80
111798023
CANISIUS COLLEGE, OWNER, PETITION TO USE 15
EASTWOOD FOR STUDENT HOUSING.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 81
111798024
CHILD & FAMILY SERVICES, OWNER, PETITION TO USE
824 DELAWARE FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 82
111798018
CHILD & FAMILY SERVICES, OWNER, PETITION TO USE
844 DELAWARE FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 83
111798013
J. LOTEMPIO, OWNER, PETITION TO USE 227 NIAGARA
FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 84
111798090
P.D.S. CONTRACTING, INC., OWNER, PETITION TO USE
199 SCOTT FOR A WALL SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 85
111798096
430 NIAGARA ST ASSOC., OWNER, PETITION TO USE
430 NIAGARA FOR A MENTAL HEALTH FACILITY.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
REGULAR COMMIFTEES
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 86
102098024
EST. PT. INCENTIVES ON CS TEST FOR CITY
Page 43
98-1117.txt
RESIDENTS
(ITEM# 159 C.C.P. MAY 12,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 87
110498011
RESULTS BLDG. INSP. EXAM (CC)
(ITEM# 39 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 88
110498020
RESULTS BLDG. INSP. EXAM (CSQ (ITEM# 61 C.C.P.
NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 89
110498102
APPOINTMENT
SYSTEMS ANALYST
That Communication 12, November 04, 1998 be received
and filed and the Provisional appointment
of. Paul Bonvissuto, above at the fourth step salary of
$40,675.00 effective on October 26, 1998 is hereby
approved.
PASSED
AYES - 12 NOES - 0
NO. 90
110498008
APPOINTMENT
ASSISTANT SUPERINTENDENT OF STREET REPAIR
That Communication 32, November 04, 1998 be received
and filed and the Permanent appointment of.Joseph Hussar
Jr., above at the Maximum salary of $33,576.00 effective on
November 04, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 91
110498009
APPOINTMENT
STREET REPAIR SUPERVISOR I
That Communication 33, November 04, 1998 be received
and filed and the Permanent appointment of.Emanuel
Bonadonna, above at the Maximum salary of $30,633.00
effective on November 04, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 92
110498016
APPOINTMENT
REAL ESTATE SPECIALIST
That Communication 49, November 04, 1998 be received
and filed and the Permanent appointment of Elizabeth
Britton, above at the Intermediate salary of $41,337.00
effective on November 4, 1998 is hereby approved.
Page 44
98-1117.txt
PASSED
AYES - 12 NOES - 0
NO. 93
110498025
APPOINTMENT
FLEET COORDINATOR
That Communication 52, November 04, 1998 be received
and filed and the Permanent appointment of Thomas
Laudico, above at the Maximum salary of $36,071.00
effective on October 26, 1998 is hereby approved-
PASSED
AYES - 12 NOES - 0
NO. 94
110498023
APPOINTMENT
SR. ACCT. CLERK TYPIST
That Communication 59, November 04, 1998 be received
and filed and the Temporary appointment of Jeanette
Ruperti, above at the Intermediate salary of $24,782.00
effective on November 4, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 95
110498059
APPOINTMENT
SR. CLERK
That Communication 60, November 04, 1998 be received
and filed and the Permanent appointment of Sandra Soldi,
above at the Intermediate salary of $23,830.00 effective on
November 4, 1998 is hereby approved.
PASSED
AYES - 12 NOES - 0
NO. 96
110498114
NOTICE OF APPOINTMENTS - TEMP/PROV/PERM
(ITEM# 69 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 97
10498090
SALARY ORDINANCE AMENDMENT
20-1 DEPARTMENT OF POLICE
001 OFFICE OF THE POLICE COMMISSIONER
(ITEM NO. 144, C.C.P., NOV. 4, 1998)
That the Salary Ordinance Amendment as contained in
Item No. 144, C.C.P.,
November 4, 1998, be and the same hereby is approved.
PASSED
AYES - 12 NOES - 0
NO. 98
110498089
SALARY ORDINANCE AMENDMENT
70-DEPARTMENT OF STREET SANITATION
O-DIVISION OF STREETS
13 CLEANING STREETS & SNOW REMOVAL &
ENTERPRISE FUND
Page 45
98-1117.txt
70 I DEPARTMENT OF SOLID WASTE & RECYCLING
011 COLLECTION OF REFUSE& RECYCLING
(ITEM NO. 146, C.C.P., NOV. 4, 1998)
That the Salary Ordinance Amendment as contained in
Item No. 146, C.C.P.,
November 4, 1998, be and the same hereby is approved.
PASSED
AYES - 12 NOES - 0
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 99
10698180
AWARDING CONTR. - REASSESSMENT PROJ. (ASMT)
(ITEM #47 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 100
092298027
GAR ASSOCIATES - PERSONAL SERVICE CONTRACT -
REASSESSMENTS
(ITEM NO. 27, C.C.P., SEPT. 22, 1998)
That the Commissioner of Assessment be, and he hereby
is authorized to enter into a contract for Professional
Services with GAR Associates, Inc. for the reassessment of
all parcels of real property in the City.
PASSED
Ayes - Brown, Coppola, Fontana, Franczyk, Gray,
Kavanaugh, LoTempio, Manley, Quintana, Williams,
Zuchlewski-11, Noes-Helfer
NO. 101
100698180
AWARDING CONTR. - REASSESSMENT PROJ. (A&F)
(ITEM #47 C.C.P.NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 102
110498072
CHANGE IN CONTRACT - COL. WARD HIGH SERVICE
PUMP REHABILITATION PROJECT
(ITEM NO. 20, C.C.P., NOV. 4, 1998)
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 3, to John W.
Danforth Company, an increase in the amount of
$32,793.14, as more fully described in the above
communication, for work relating to Colonel Ward High
Service Pump Rehabilitation Project, City Contract No.
91915000. Funds for this project are available in Division of
Water's 416-983-001-00-000.
PASSED
AYES-12, NOES-0
NO. 103
100698218
RESULT OF NEGOTIATIONS - 196 GLENWOOD
(ITEM NO. 58, C. C.P., JUNE 23, 1998)
Page 46
98-1117.txt
(ITEM NO. 143, C.C.P., JULY 21, 1998)
(ITEM NO. 123, C.C.P., OCT. 6, 1998)
(ITEM NO. 114, C.C.P., OCT. 20, 1998)
(ITEM NO. 121, C.C.P., NOV. 4, 1998)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 104
092298026
CERTIORARI PROCEEDINGS - 22 OAKGROVE AVENUE
(ITEM NO. 26, C.C.P., SEPT. 22, 1998)
(ITEM NO. 137, C.C.P., OCT. 6, 1998)
(ITEM NO. 118, C. C. P., OCT. 20, 1998)
(ITEM NO. 125, C.C.P., NOV. 4, 1998)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mr. Franczyk moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 105
110498139
ESTABLISH JEFFERSON AVENUE VENDORS ROW
(ITEM NO. 148, C.C.P., NOV. 4, 1998)
That this Common Council grants permission for all
interested vendors to use the City's right-of-way on
November 9, 1998 through January 18, 1999 on Jefferson
Avenue between Best and E. Ferry Streets; and
That this Common Council requests all license and permit
fees needed to use the City's right-of -way to be waived for
all vendors participating in the Jefferson Renaissance
Project.
Passed
Ayes-12, Noes-0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 106
102098161
APPEAL DECISION OF THE PRESERVATION BOARD -
453 PORTER
(ITEM NO. 75, C.C.P., OCT. 20, 1998)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mr. Coppola moved:
That the decision of the Buffalo Preservation Board
regarding the installation of two (2) exterior identification
signs on the building at 453 Porter Avenue be, and hereby is
reversed to allow the installation of such signs pursuant to
Section 337-26 of the Code of the City of Buffalo. The
reasons for this action are the economic benefits of the
renovations to the building on the community and the limited
aesthetic impact of the signs.
PASSED
Ayes-12, Noes-0
Page 47
98-1117.txt
NO. 107
110498118
APPEAL DEC. OF PRES. BD. - KARPEL'S MUSEUM (CC)
(ITEM #35 C. C.P.NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 108
110498077
E. .LUTZ-APPEAL DEC. PRES. BD. - 453 PORTER
(ITEM #77 C.C.P.NOVEMBER 4,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 109
102098050
SHIP CANAL, PETITION TO USE 9 CITY SHIP CANAL,
POLE SIGN
(ITEM NO. 8 5, C.C.P., NOV. 4, 1998)
That after the public hearing before the Committee on
Legislation on November 10, 1998, the petition of Ship
Canal, owner, for permission to use 9 City Ship Canal for a
pole sign be, and hereby is denied.
ADOPTED
NO. 110
110498022
PROCESS WELDING, PETITION TO USE 667 TIFFT -
OFFICE BUILDING (ITEM NO. 86, C.C.P., NOV. 4, 1998)
That after the public hearing before the Committee on
Legislation on November 10, 1998, the petition of Process
Welding, owner, for permission to use 667 Tifft for an office
building be, and hereby is approved.
PASSED
Ayes-12, Noes-0
NO. 111
110498078
ERIE CO. INDUSTRIAL, PETITION TO USE 250
FRANKLIN - HUMAN SERVICE FACILITY
(ITEM NO. 87, C.C.P., NOV. 4, 1998)
That after the public hearing before the Committee on
Legislation on November 10, 1998, the petition of Erie
County Industrial, owner, for permission to use 250 Franklin
for a human service facility be, and hereby is approved.
PASSED
Ayes-12, Noes-0
NO. 112
102098072
L. ZAMBITO-PURCH. ROW-564 COLVIN AVE. (PW)
(ITEM #21 C.C.P. NOVEMBER 12, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
Page 48
98-1117.txt
NO. 113
102098073
SIDEWALK CAFE - ROW - 1434 HERTEL (PW)
(ITEM #36 C.C.P.JUNE 23, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 114
060998032
SIDEWALK CAFE 285 PARKSIDE (PW)(437,6/9)
(ITEM #157 C.C.P.JUNE 23, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 115
110498068
LARIVIERE DRIVE - ENCROACHMENT
(ITEM NO. 25, C.C.P., NOV. 4, 1998)
That the Commissioner of Public Works be, and he hereby
is authorized to issue a 4C mere license" to the Buffalo
Urban Renewal Agency to install a conduit and storm sewer,
which would encroach city right-of-way on LaRiviere Drive,
subject to the following conditions:
1. That the applicant obtain any and all other City of
Buffalo permits necessary for said installation.
2. That the applicant supply the Department of Public
Works with a set of "as "built" plans showing the location of
said conduit and storm sewer.
PASSED
Ayes-12, Noes-0
NO. 116
102098058
HURWITZ & FINE - DEMO. 870 BROADWAY
(ITEM #110 C.C.P.JULY 21, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 117
102098045
R. QUINTANA - OBJ. TO CHANGES - LINWOOD AVE.
PKG. REG.
(ITEM #199 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 118
110498068
NOTIFICATION SERIAL #9074, NO STANDING, REPEAL
ON DELAWARE AVENUE, ETC.
(ITEM NO. 25, C.C.P., OCT. 20, 1998)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio moved:
That pursuant to Subdivision 3 of Section 33 of Chapter
Page 49
98-1117.txt
479 of the Code of the City of Buffalo, the changes to the
traffic ordinances (Chapter 479 of the City Code) are hereby
as pertaining to Notification Nos. 9083-9085,as more fully
described in the above communication.
ADOPTED
NO. 119
110498073
NOTIFICATION SERIAL #9086,
INSTALL ALTERNATE PARKING - TYPE 11 GITTERE
STREET, ETC.
(ITEM NO. 15, C.C.P., NOV. 4, 1997)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio moved:
That pursuant to Subdivision 3 of Section 33 of Chapter
479 of the Code of the City of Buffalo, the changes to the
traffic ordinances (Chapter 479 of the City Code) are hereby
denied as pertaining to Notification Nos. 9087, 9088, 9089,
9090 and 9091; and
That Notification Nos. 9086 and 9092 be, and the same
hereby is received and filed, as more fully described in the
above communication.
ADOPTED
NO. 120
110498003
DESIGNATION NOMINEES - BOARD TRUSTEES -
LIBRARY
(ITEM NO. 1, C. C.P,, NOV. 4, 1998)
That the nominations to the Board of Trustees of the
Buffalo and Erie County Public Library for terms expiring
December 31, 2003 of Daniel T. Roach, of 50 Highland
Avenue, David F. Granville, of 9 Cottage Street and Thomas
Errol Gleed, of 204 West Tupper Street, be and they hereby
are approved.
ADOPTED
NO. 121
110498001
RE-APPOINTMENT MEMBER TO THE EXAMINING
BOARD OF ELECTRICIANS
(ITEM NO. 2, C. C.P., NOV. 4, 1998)
That the re-appointment of John Fecio, residing at 291
Downing Street, as a member to the Examining Board of
Electricians for a term commencing immediately and expiring
December 31, 2001 be, and hereby is confirmed.
ADOPTED
NO. 122
110498400
RE-APPOINTMENT OF MEMBER TO THE EXAMINING
BOARD OF PLUMBERS
(ITEM NO. 3, C.C.P., NOV. 4, 1998)
That the re-appointment of Harold K. Fawcett, residing at
197 Vermont Street, as a member of the Examining Board of
Plumbers for a term expiring December 31, 2001 be, and
hereby is approved.
ADOPTED
NO. 123
110498002
RE-APPOINTMENT MEMBERS TO THE CITY PLANNING
Page 50
98-1117.txt
BOARD
(ITEM NO. 4, C.C.P., NOV. 4,1998)
That the re-appointment of Susan Curran Hoyt, residing at
70 North Pearl Street, and Horace A. Gioia, residing at 49
Clarendon Place, as members to the City Planning Board for
terms expiring October 9, 2001 be, and hereby is confirmed.
ADOPTED
NO. 124
110498037
R. LOTEMPIO-ALLENTOWN ART FEST.-SPEC. COMM.
MINUTES (ITEM #76 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 125
110498141
42ND ALLENTOWN ART FESTIVAL
(ITEM NO. 151, C.C.P., NOV. 4, 1998)
Subject to the additional conditions to be established by
the Special Events Advisory Committee, those established
by the special committee, and those stated herein the AVS
be and it hereby is granted permission to conduct the 42nd
Annual Allentown Outdoor Art Festival on the weekend of
June 12th and 13th, 1999, between the hours of 11:00 a.m.
and 6:00 p.m. on those days; within the events area
bounded by Summer Street on the north, Elmwood Avenue
and South Elmwood Avenue (east side) on the west, Tracy
Street (extended easterly) on the south, and Main Street
(west side) on the east; and
That the participants within the events area, whether on
the public streets or out-of-doors on adjacent private
property, will be limited as follows:
1. Art or craft exhibitors may be located within the events
area on the following streets only. Delaware Avenue
between North Street and Tupper Street (east and west
sides); Franklin Street between Allen Street and Virginia
Street (east and west sides); Allen Street from Elmwood
Avenue to Franklin Street (north or south sides); Virginia
Street between Elmwood Avenue and Franklin Street (north
or south sides).
Only art and craft exhibitors selected through the AVS
application and selection process shall be permitted. The
AVS will select no more than 465 art and craft exhibitors,
excluding therefrom the exhibition or sale of so-called
"pseudo" art and exhibits of a strictly commercial nature.
2. Concessionaires and vendors within the events area
shall be located on the following streets only: Delaware
Avenue in the block between North and Allen Streets;
Franklin Street in the block between Allen and Virginia
Streets; in the vicinity of Edward Street between Virginia and
Allen Streets; and Allen Street in the vicinity of Franklin
Street, on Allen Street between Park Street and Elmwood
Avenue. Such participant concessionaires shall be
responsible concessionaires to be selected by the AVS.
Consistent with AVS procedure, the AVS will solicit food and
beverage concessionaires and vendors from businesses or
persons within the area of the Allentown Art Festival as
described in the first resolved clause above, reserving for
them some of the concessions. The AVS may select and
designate a single vendor employing a reasonable number
of persons to vend balloons in the events area. The AVS
Page 51
98-1117.txt
may also select and designate a single vendor to produce
and sell Art Festival T-shirts, sweatshirts or similar
merchandise within the deemed concession areas. All
participant concessionaires and vendors are required to
comply with all otherwise applicable licensing and health
requirements.
Notwithstanding the foregoing, nothing herein is intended
to limit the usual and customary operations of "Sidewalk
cafes" as defined in Section 413-59 of the Code of the City
of Buffalo; and
That radio and television broadcasts from remote
broadcast units located outside of a building normally
occupied by a radio or television station may be permitted
within the events area by the event sponsor. No such
remote broadcasts or telecasts shall be permitted on the
public streets or out-of-doors on adjacent private property
without the permission of the event sponsor. In no case
shall any radio or television station employ blaring
loudspeakers or conduct giveaways, sale of merchandise,
contests, displays or other promotional activities beyond
what is broadcast or telecast over their airwaves in the public
street or out-of-doors on adjacent private property during the
hours of the event; and
Unauthorized participants. The AVS shall provide all
participants with suitable identification showing each as an
authorized participant in the event. Except as herein above
provided, there shall be no other participants within the
events area during the event whether on public streets or
out-of-doors on adjacent private property, including
exhibitors, concessionaires, vendors, performers,
promotional activities, fund raising activities, displays of
goods or otherwise. Street performers, buskers or similar
performers or performances shall not be permitted within the
events area. All temporary inflatable devices used to
advertise or direct attention to a business, service, product
or activity shall also be excluded from the events area.
The property of Ascension Church at 16 Linwood Avenue
and Westminster Church at 724 Delaware Avenue shall not
be subject to the foregoing provisions, provided, however,
that neither shall conduct or sponsor any out-of-door
activities during the Art Festival event hours without prior
approval of the Common Council. The above-mentioned
shall not conduct or sponsor any outdoor amusement rides
or art and craft show and the third resolved clause of this
resolution governing radio and television broadcasts and
telecasts shall also be applicable on those properties.
PASSED
Ayes-12, Noes-0
NO. 126
110498046
NAT.FUEL-PCS APPROVED PLAN FOR REDUCED GAS
BILL
(ITEM #79 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
NO. 127
100698166
ADVERTISEMENT OF PROPERTIES
(ITEM #193 C.C.P. JUNE 23, 1998)
Page 52
98-1117.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 128
100698168
B. GRAY - 276 MASTEN AVE. - BREACH OF CONTRACT
(ITEM #90 C.C.P. JULY 7, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
129
102098010
EXPRESS OPP. TO PROP. HUD POLICY CHG. (CD)
(ITEM #58 C.C.P. OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 130
102098175
M.GOLDMAN - CALUMET EXPANSION ON ASBURY
ALLEY
(ITEM NO. 80, C.C.P., OCT. 20, 1998)
That M. Goldman be granted permission to expand The
Calumet onto Asbury Alley with the terms and conditions as
determined by the Department of Public Works.
PASSED
Ayes-12, Noes-0
NO. 131
110498069
M. GOLDMAN-CALUMET EXP. ON ASBURY ALLEN
(PW)
(ITEM # 23 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 132
102098157
CITY DEMO OF QEENO POP FACTORY
(ITEM #166 C.C.P. OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 133
110498106
CITY DEMO OF QUEENO POP FACTORY (CD)
ITEM #48 C. C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 134
110498119
Page 53
98-1117.txt
PROP. AMEND. - COBBLESTONE PRES. DISTR. (CD)
(ITEM #41 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee on Legislation.
ADOPTED
NO. 135
110498065
HOME FUNDS - 42 JOHNSON
(ITEM NO. 45, C.C.P., NOV. 4, 1998)
That the Commissioner of Community Development be,
and he hereby is authorized to release the amount of
$21,500.00 of HOME Funds to Ms. Emma Callahan to assist
in the rehabilitation of a two (2) unit building. The loan terms
will be 4% for 15 years.
PASSED
Ayes-12, Noes-0
SPECIAL MEETINGS
TAYLOR LAW IMPASSE
(JAMES W. PITTS, CHAIRMAN)
NO. 136
100698056
INDEPENDENT HEALTH INSURANCE COVERAGE
(ITEM #255 C.C.P. SEPTEMBER 22, 1998)
That the Division of Labor Relations investigate any
violations in terms and agreements of the Independent
Health insurance contract, as well as all the City's health
care provider contracts, and report its findings back to this
Common Council as soon as possible, and
That should there be found any violations of the terms and
agreements resulting changes 'in employee coverage, the
Law Department immediately start proceedings to remediate
these violations, and
The Committee on Taylor Law Impasse further finds that:
Whereas, the City of Buffalo maintains contracts with health
insurance carriers to provide health insurance for City
employees; and
Whereas, The provisions of those health insurance
policies have been changed unilaterally during their
respective terms by the insurance carriers and/or health
maintenance organizations; and
Whereas, Though notice of the changes is given, the
decision to implement these changes generally has already
been made; and
Whereas The City desires the opportunity to let its feelings
be known about the impact of any policy changes on the City
itself, its employees and retirees; and
Now, Therefore, Be It Resolved: That the Common
Council does hereby authorize the Commissioner of
Administration & Finance and the Corporation Counsel to file
complaints with the New York State Insurance Department
and the New York State Health Department regarding the
actions of insurance carriers and/or health maintenance
organizations; and
Be it Further Resolved: That copies of our complaints be
submitted to all collective bargaining representatives of City
employees and the Western New York Delegation to the
state Legislature; and
Be it Finally Resolved: That the Common Council requests
the Western New York Delegation to the State Legislature to
Page 54
98-1117.txt
schedule a Hearing upon this issue.
ADOPTED
POLICE OVERSIGHT COMMITTEE
(ROBERT R. QUINTANA, CHAIRMAN)
NO. 137
070897175
REVIEW PLANS FOR "B" DISTR. BLDG.
(ITEM # 167 C.C.P. JULY 8,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 138
030398099
EXPLOR ALT SITES FOR "B" DISTRICT POLICE
DISTRICT
(ITEM #240 C.C.P. FEBRUARY 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 139
030398063
"B" DISTRICT POLICE DISTRICT (PW)
(ITEM #76 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 140
021898052
EXPLORE ALT. SITES FOR "B" DISTR. POLICE STA.
(POL)
(ITEM #88 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 141
100797500
REVIEW PLANS FOR "B" DIST. BLDG.
(ITEM #89 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 142
102098116
DOWNTOWN POLICE PCT. BLOCK 21 (POL)
(ITEM #57 C.C.P. OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
Page 55
98-1117.txt
NO. 143
100698208
ACQUISITION OF 695 MAIN STREET
(ITEM NO. 14, C.C.P., MAY 26, 1998)
(ITEM NO. 104, C.C.P., NOV. 4, 1997)
That the above item be and the same hereby is returned to
the Common Council without recommendation.
Mr. Quintana moved:
That the Comptroller be, and he hereby is authorized to
acquire 695 Main Street in the amount of Seven Hundred
Thousand Dollars ($700,000) for the new "B" District Police
Precinct.
PASSED
Ayes-Brown, Coppola, Fontana, Gray Kavanaugh,
LoTempio, Manley, Quintana, Williams, Zuchlewski-10
Noes-Franczyk, Helfer-2
NO. 144
100698205
RESPONSE ALTERNATIVE SITES 695 MAIN (COMPT)
(915,6/9)
(ITEM 4 105 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 145
100698203
DESIGN BURA LOT-GENESEE/OAK-NEW DOWNTOWN
PCT. (4214,7/7)
(ITEM #106 C.C.P. NOVEMBER 4,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 146
100698202
DESIGN BURA LOT-GENESEE/OAK-NEW DOWNTOWN
PCT. (COMPT)(931/7/21)
(ITEM #107 C.C.P. NOVEMBER 4,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 147
100698091
UNILAND PARCEL (CC)(451,10/6)
ITEM #108 C.C.P. NOVEMBER 4, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 148
031798102
REQ. POL. REPORT-PERSOANI STAFFING & DISTR.
BOUNDARIES
(ITEM #190 C. C.P. MARCH 17, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 149
052698094
Page 56
98-1117.txt
HISPANIC LAW ENF. OFC.-PROBLEMS WITH CIVIL
SERV. (CSC)
(ITEM #89 C. C.P. MAY 26, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 150
122397109
LOOK INTO COMPLAINTS-POLICE BRUTALITY, ETC.
(4164,12123)
(ITEM #152 C. C.P. JANUARY 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 151
072297033
TEST POLICE/ALCOHOL INTOX. PRIOR TO TOUR OF
DUTY
(ITEM #204 C.C.P. FEBRUARY 3, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 152
030398152
PROSPER INT. ARB. (4201,3/3)
(ITEM #185 C.C.P. APRIL 14,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 153
111798400
PROSPER INT. ARB.(A&F)
(ITEM #147 C.C.P. SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 154
031798038
PROSPER INT. ARB.(POL)(#39,3/17)
(ITEM #186 C.C.P. APRIL 14,1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 155
042898255
CTZN ADV. GROUP-POL. COMM.-3RD
ANN.STATEMENT-CRITICAL NEEDS
(ITEM #94 C. C.P. APRIL 28, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 156
092298057
INVEST. ALLEGATIONS IMPROPER TRAINING POLICE
RECRUITS (CSQ)
(ITEM #83 C.C.P. SEPTEMBER 22, 1998)
Page 57
98-1117.txt
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 157
092298110
L.RENFORD-PROCEDURES TO SAFEGUARD CRIME
VICTIMS
ITEM #102 C.C.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
RESOLUTIONS
NO. 158
111798113
BY: MR. BROWN AND MRS. MILLER-WILLIAMS
PERMISSION GRANTED TO ERECT BANNER IN
RECOGNITION OF THE REGION-WIDE CONVERSATION
Whereas: The Region-Wide Conversation was organized
with the intention of breaking down ethnic, religious, and
geographic barriers; and
Whereas: As many as 120 religious congregations will
participate in the Region-Wide Conversation bringing
together Catholics, Protestants, Jews, Muslims, and people
of other faiths; and
Whereas: The Region-Wide Conversation would like to
erect a banner at Delaware Avenue and W. Tupper Street in
recognition of their event; and
Whereas: The Region-Wide Conversation has requested
the permission of the City of Buffalo to hang this banner from
November 13, 1998 through November 23, 1998; and
Now, Therefore Be It Resolved:
That this Common Council grants permission for the
Region-Wide Conversation to erect a banner at Delaware
Avenue and West Tupper Street pursuant to the conditions
set forth by the Department of Public Works and the
Corporation Council.
PASSED
Ayes-12, Noes-0
NO. 159
111798095
BY ALFRED T. COPPOLA, GRAY
REQUEST NEW YORK STATE COMPTROLLER TO
CONDUCT UTILITY TAX AUDIT
Whereas:In 1996, the City of Buffalo
unsuccessfully solicited proposals for a utility tax audit; and
Whereas:Given the increase in communication
service providers it is more important than ever that a utility
tax audit be performed; and
Whereas:The City of Buffalo Department of Audit
and Control has acknowledged that the department does not
have the specific technical knowledge necessary to conduct
such an audit;
Now, Therefore, Be It Resolved That:
This Common Council requests New York State
Comptroller H. Carl McCall to conduct a citywide utility tax
audit for the City of Buffalo, and
Be It Further Resolved:
That a certified copy of this resolution be forwarded to the
Page 58
98-1117.txt
Office of the New York State Comptroller.
ADOPTED
NO. 160
111798094
BY: MR. COPPOLA
564 COLVIN AVENUE
Whereas:Mr. Leonard Zambito, owner of
Wesselmanns Cleaners at 564 Colvin has petitioned the City
of Buffalo to purchase or lease the adjacent City right-of-way
for additional parking for his business in Item No. 104,
C.C.P., 9/2,197; and
Whereas:The Department of Public Works initially
opposed the granting this request in Item No. 21, C.C.P.,
11/12/97; and
Whereas:Ongoing negotiations with the
Department have resulted in a modification of their position;
Now Therefore Be It Resolved:
That the Department of Public Works, the Department of
Community Development and the Department of Audit And
Control be hereby authorized to lease the City right-of-way
adjacent to 564 Colvin Avenue to Mr. Leonard Zambito at
the cost of $1.00 per year, subject to the following
conditions;
That Mr. Zambito agrees to indemnify and hold the City
harmless for any and all claims that result from his use and
occupancy of the City right-of-way, that he provide the City
with proof of insurance in an amount deemed satisfactory by
the Corporation Counsel, that he agrees to allow the City to
gain access to the sewer line located beneath the right-of-
way upon reasonable notice, and that in the event the City
has a use for the City right-of-way, Mr. Zambito will agree to
the immediate termination of the Lease.
PASSED
Ayes-12, Noes-0
NO. 161
111798033
BY: MR. FONTANA
REQUEST FOR DONATION OF LOCKERS
Whereas:St. Bernard's School on Buffalo's east
side has been educating young children in the City of Buffalo
since 1908; and
Whereas:The school has undergone a number of
modest renovations in recent years to upgrade the facility, all
using private funds; and
Whereas:The children do not have any place to
put their bookbags, winter boots, or hang their coats; and
Whereas:It has come to my attention that
Memorial Auditorium has old lockers rusting away in the
basement of the facility that has been vacant since April of
1996; and
Whereas:These lockers could be used by the
children of St. Bernard's School who desperately need them;
Now, Therefore, Be it Resolved:
That the Department of Public Works look at the lockers at
the Memorial Auditorium and determine if they are needed or
have any value to the City of Buffalo; and
Be it Further Resolved:
That if it is determined the above mentioned lockers are no
longer needed by the City, that 100 lockers be donated to St.
Bernard's School for use by the children.
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PASSED
Ayes-12, Noes-0
NO. 162
111798011
BY: MR. FONTANA, MR. COPPOLA
GASOLINE STORAGE TANKS & PRICES
Whereas:As of December 22, 1998 Many of the
city of Buffalos' gas holding tanks win become obsolete and
in violation of new codes; and
Whereas:The city currently purchases fuel in bulk
amounts to power the city motor vehicle fleets; and
Whereas:Without the fueling locations the city's
cost of refueling vehicles could and will increase
Now, Therefore, Be It Resolved: That the Department of
Public Works report to the council their plans which would
bring them into compliance with the new regulations; and
Be It Finally Resolved: That the Department of Public
Works and the Budget office file with this council the current
cost per gallon of gasoline.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PUBLIC WORKS, AND
COMMISSIONER OF ADMINISTRATION AND FINANCE.
NO. 163
111798106
BY: MR. FRANCZYK
TRANSFER OF FUNDS
COMMUNITY DEVELOPMENT - BOND FUNDS
PUBLIC WORKS - BOND FUNDS
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $28,911.75 be and the same is
hereby transferred from the Department of Community
Development - Capital Projects Fund and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Projects Fund
717 - Department of Community Development
015 - Reconstruction Broadway Market Parking Ramp
$28,911.75
To:
202 Capital Projects Fund
402 - Division of Buildings
002 - Reconstruction of Broadway Market $28,911.75
PASSED
Ayes-12, Noes-0
NO. 164
111798010
BY: MR. FRANCYCK:
BOND RESOLUTION
$140,000 BONDS
MONUMENTS RESTORATION
ACCOUNT NO. 200-402
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $140,000 General Improvement
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Bonds of said City, to finance the cost of the Urban
Beautification in the City, at the estimated maximum cost of
$140,000.
The Common Council of the City of Buffalo, in the County
of Erie, New York, hereby resolves (by the favorable vote of
not less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Hundred
Forty Thousand Dollars ($140,000), 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
urban beautification in the City, including restoration of
monuments, public art, and public spaces located 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 $140,000 as
set forth in the duly adopted Capital Improvements Budget of
said City for fiscal year 1998-99, as amended.
Section 2. The proceeds of the sale of the bonds
authorized by this resolution, or any bond anticipation notes
issued in anticipation of the sale of said bonds, shall be
deposited in the Capital Projects Fund to the credit of the
Department of Public Works, Division of Buildings,
"Monuments Restoration/Urban Beautification," Bond
Authorization Account No. 200-402, and shall be used for
the class of objects or purposes specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $140,000.
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) 76. of the Local Finance Law, is ten (10)
years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the
bonds authorized by this resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
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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 any 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: November 17, 1998
LAID ON THE TABLE
NO. 165
111798093
BY: B. GRAY
REPEAL THE MUNICIPAL CIVIL SERVICE COMMISSION
POLICE EXAM FEE INCREASE:
Whereas:The Charter of the City of Buffalo details
the local laws and ordinances and is made available to all
City departments and its administrators; and
Whereas:Within the Charter is a section detailing
fees and the administering thereof, and
Whereas:Article 1, Section 35-13 of the Charter states that
all applications for civil service examinations shall be
accompanied by a fee as provided in Chapter 175, Fees, to
cover the cost of application processing and administering
the examination; and
Whereas:Chapter 175, Fees, clearly states that
"these fees may be adopted or revised by the Common
Council from time to time". This law has been in place for at
least 10 years; and
WhereasRecently, the Municipal Civil Service
Commission increased an upcoming police exam fee from
$10.00 to $25.00; and
Whereas:As the Common Council strives to
promote public confidence and the accountability of
government to the people it serves, it is disturbing that the
Commissioners of the Civil Service Commission would
impose an increase in the police exam fee without the
Council's approval; and
Whereas:Various Council offices were anticipating
the upcoming police exam only to be informed in a single-
paragraphed communication about the fee increase, after
the fact; and
Whereas:As a result, Councilmembers are
receiving complaints about the fee increase and other
aspects of the police exam process; and
Whereas:Because of this improper procedure by
the Municipal Civil Service Commission and the problems
and complaints associated with the exam fee increase and
application process, this fee increase should be withdrawn;
Now, Therefore, Be It Resolved:
That this Honorable Body denies the police exam fee
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increase imposed by the Municipal Civil Service
Commission; and
Be it Further Resolved:
That the Law Department be requested to inform the
Municipal Civil Service Commission of the proper
procedures involved in proposing any future examination fee
changes.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
CIVIL SERVICE COMMISSION AND CORPORATION
COUNSEL.
NO. 166
111798088
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
21 - 0 - DEPARTMENT OF FIRE
021 ADMINISTRATIVE SERVICES
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 21 - 0 Department of Fire 011
Administrative Services, which reads:
1 Commissioner of Fire $ 87,809
3 Deputy Commissioner of Fire$ 76,679
Is hereby amended to read:
1 Commissioner of Fire $ 92,270
3 Deputy Commissioner of Fire $ 80,575
We, Cornelius J. Keane, Commissioner Of Fire, and
James B. Milroy, Director of Budget, hereby certify that
the above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
Cornelius Keane
Commissioner of Fire
James B. Milroy
Director of Budget
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
Anthony Masiello
Mayor
Joel Giambra
Comptroller
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
11/9/98
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 167
111798092
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
21 - 0 DEPARTMENT OF FIRE
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VARIOUS DEPARTMENTS
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 21 - 0 Department of Fire,
under the various subheadings relating to positions listed
below is hereby amended as follows:
NOTE: Old salaries are in brackets
This ordinance shall take effect as per the respective dates
on the attached schedule.
This ordinance shall be effective July 1, 1996.
We, Cornelius J. Keane, Commissioner Of Fire, and
James B. Milroy, Director of Budget, recommend that the
compensation for said positions be raised and fixed at the
respective amounts set forth in the foregoing ordinance.
Cornelius Keane
Commissioner of Fire
James B. Milroy
Director of Budget
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
Anthony Masiello
Mayor
Joel Giambra
Comptroller
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
11/9/98
This ordinance shall be effective July 1, 1997.
We, Cornelius J. Keane, Commissioner Of Fire, and
James B. Milroy, Director of Budget, recommend that the
compensation for said positions be raised and fixed at the
respective amounts set forth in the foregoing ordinance.
Cornelius Keane
Commissioner of Fire
James Milroy
Director of Budget
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
Anthony Masiello
Mayor
Joel Giambra
Comptroller
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
11/9/98
REFERRED TO THE COMMITTTEE ON CIVIL SERVICE
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NO. 168
111798114
ORDINANCE AMENDMENT
SALARY AND WAGE SCHEDULE "D"
The Common Council of the City of Buffalo does ordain a
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 21 - 0 Department of Fire
under the various subheadings relating to positions listed
below is hereby amended as follows:
See Attached Schedule "D"
That this ordinance shall take effect as per the respective
dates on the attached schedule.
Approved as to form
Michael Risman
Corporation Counsel
11/9/98
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 169
111798105
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
06 - DEPARTMENT OF ADMINISTRATION & FINANCE
4 - DIVISION OF PARKING ENFORCEMENT
5 - DIVISION OF TREASURY
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 06 Department of
Administration and Finance, 4 -Division of Parking
Enforcement 013 Parking Meters and Enforcement, and 5 -
001 Division of Treasury, which reads:
TEMPORARY SERVICES AS REQUIRED
065-001 Parking Meter Coin Collector (Hourly)
$ 9.00 - $ 9.25
Is hereby amended to read:
TEMPORARY SERVICES AS REQUIRED
064-013 Parking Meter Coin Collector (Hourly)
$ 9.00 - $ 9.25
WE, EVA M. HASSETT, Commissioner of Administration
and Finance, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary
for the proper conduct, administration and performance of
essential services of that department. We recommend that
the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
Eva M. Hassett
Commissioner of Finance
James B. Milroy
Director of Budget
APPROVED AS TO FORM
Corporation Counsel
11/12/98
ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
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NO. 170
111798116
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND
98 - 0 - DEPARTMENT OF WATER
015 DISTRIBUTION SYSTEMS
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, 015
Distribution Systems, which reads:
26 Caulker $ 24,870 - $ 28,988
5 Machine Operator Water $ 24,870 - $ 28,988
9 Caulker Supervisor $ 28,334 - $ 33,473
Is hereby amended to read:
26 Caulker $ 29,469 - $ 34,349
5 Machine Operator Water $ 29,469 - $ 34,349
9 Caulker Supervisor $ 33,579 - $ 39,670
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.
Joseph Giambra
Commissioner of Public Works
James B. Milroy
Director of Budget
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, pursuant of Section 454 of the Charter of the
City of Buffalo hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
11/12/98
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 171
111798115
BY MS. GRAY
ORDINANCE AMENDMENT
SALARY AND WAGE SCHEDULE "G"
THE COMMON COUNCIL OF THE CITY OF BUFFALO
DOES ORDAIN AS FOLLOWS:
That part of Section 1 of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 98 - 0 Department of Water, under
the subheading relating to positions listed below is hereby
amended as follows:
See Attached Schedule "G"
That this ordinance shall take effect as per the respective
date on the attached schedule.
APPROVED AS TO FORM
Michael Risman
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Corporation Counsel
11/12/98
ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
SALARY & WAGE SCHEDULE "G"
1998-99
GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
1 29,469 30,688 31,907 33,129 34,349
2 29,469 30,688 31,907 33,129 34,349
3 33,579 35,099 36,621 38,148 39,670
THE ABOVE SCHEDULE "G" SHALL BECOME
EFFECTIVE ON JULY 1, 1998
THESE SCHEDULES ARE APPLICABLE TO MEMBERS
OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS
LOCAL #264.
NO. 172
111798100
BY: KEVIN J. HELFER
ACTION PLAN FOR REGIONAL JOB CREATION AND
SMART GROWTH
Whereas:On July 16, 1998, the Erie County
Legislature agreed to set aside $750,000 from the regional
collaboration fund for local planning purposes, and
Whereas:The City of Buffalo's Department of
Community Development is currently undertaking the
preparation of a new master plan; the new master plan will
replace the existing master plan that was developed in 1977,
and
Whereas:The City of Buffalo has the highest
population of any municipality in the County; and
Whereas:The City is an integral part of the County
of Erie;
Now, Therefore, Be it Resolved:
That the Mayor of the City of Buffalo is hereby authorized
to execute an application for funding assistance through the
Local Master Planning Initiative as administered by the Erie
County Department of Environment and Planning; and
Be it Further Resolved:
That certified copies of this resolution should be attached
to the application upon its submission to the Erie County
Department of Environment and Planning.
ADOPTED
NO. 173
111798049
BY: MR. HELFER, MR. BROWN, MS. GRAY
CIVIL SERVICE EXAMINATIONS
WHEREAS:THE CITY OF BUFFALO HAS MADE
AN ATTEMPT TO ESTABLISH A WORKFORCE THAT
REFLECTS THE DIVERSITY OF OUR COMMUNITY; AND
Whereas:In recent months, several issues
regarding Civil Service examinations have been raised, and
the effectiveness of the Civil Service Commission's
recruitment efforts has been questioned on several
occasions; and
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Whereas:There has been a problem with
recruitment and marketing efforts by the Civil Service
Commission in minority communities raising key issues
regarding minority participation on Civil Service exams; and
Whereas:Questions have been brought to this
Council's attention regarding the application procedure, the
number of minority applicants, and the method of ranking
results;
Now, Therefore, Be It Resolved:
That the City of Buffalo Civil Service Commission submit to
this Honorable Body a list of all Civil Service examinations
administered within the past year, with:
A breakdown of majority/minority applicants;
The percentage of passing grades within these groups;
The percentage of people from each group who applied for
the exams but did not show up, and;
Be it Further Resolved:
That the Civil Service Commission file a report detailing
the above listed request for information by 2:00 p.m.
Thursday, December 10, 1998.
ADOPTED
NO. 174
111798009
BY: MR. MANLEY
ERECT BANNER ACROSS ABBOTT ROAD - KEEP OUR
LADY OF VICTORY HOSPITAL OPEN
Whereas:The Committee to Save Our Lady of
Victory Hospital would like to hang a banner stating Saves
Lives - Keep OLV Hospital Open - Operating Full Service;
and
Whereas:The Committee request that they be
allowed to hand the banner across Abbott Road at the
intersection of Abbott Road at Southside Parkway; and
Whereas:The Committee request to hang this
banner on Tuesday, November 10, 1998 through December
31, 1998; and
Now, Therefore, Be It Resolved:
That this Common Council grants permission to the
Committee to Save Our Lady of Victory Hospital to erect a
banner pursuant to the conditions set forth by the
Commissioner of Public Works and the Corporation Council.
PASSED
Ayes-12 Noes-0
NO. 175
111798110
BY: MR. PITTS, MRS. LOTEMPIO, MR. FRANCZYK, MS.
KAVANAUGH & MRS. MILLER-WILLIAMS
DELAWARE AVENUE ASBURY CHURCH
Whereas:The Delaware Avenue Asbury Church
located at the corner of Delaware Avenue and West Tupper
Street has been the subject of ongoing litigation as the City
wrestles with preserving this historic landmark structure; and
Whereas:The City is interested in pursuing future
redevelopment of the Church for and arts or cultural reuse;
and
Whereas:The Theater District and Downtown
Buffalo would suffer if the Church is allowed to deteriorate
further; and
Whereas:The City can and should take every
legal step possible to get the Church in the hands of the City.
Now, Therefore Be It Resolved:
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That the Corporation Counsel be and hereby is authorized
to negotiate with the owners of the Delaware Avenue Asbury
Church for the purchase of the Church and its parking lot;
and
Be It Further Resolved:
That the final negotiated purchase agreement be filed with
the Common Council for approval; and
Be It Finally Resolved:
That the Commissioner of Community Development
present a plan for the reuse of the Church as an arts or
cultural facility.
ADOPTED
Ayes- Brown, Coppola, Fontana, Franczyk, Gray, Helfer,
Kavanaugh, LoTempio, Manley, Quintana, Williams
Noes-Zuchlewski
NO. 176
111798099
BY: JAMES W. PITTS
SUPPORT THE ESTABLISHMENT OF A BANKING
DEVELOPMENT DISTRICT
WhereasSection 96-d, of the New York State
Banking Law, provides for local governments to create a
Banking Development District (BDD). The purpose is to
encourage the establishment of full service bank branches in
geographic locations where there is a demonstrated need for
banking services; and
Whereas:The Banking Development District
(BDD) will be able to offer incentives to institutions through
property tax relief, with the potential of offering municipal
deposits at reduced rates; and
Whereas:Banks locating within a BDD are entitled
to a partial property tax exemption, starting with a 50%
exemption in the branch's first full year of operation, and
decreasing by 5% in the subsequent years; and
Whereas:A local government depositing public
funds at a branch within the BDD earn interest on those
monies at a rate which approximates the bank's posted two-
year Certificate of Deposit rate; and
Whereas:New York State will provide a grant to
fund the study designed to assess whether a BDD is needed
in a certain neighborhood; and
Whereas:To begin the process, a local
government must vote to approve the submission of a BDD
application to the New York State Banking Department; and
Whereas:The GBSB Development Corporation is
organizing the Greater Buffalo Savings Bank and desires to
headquarter the bank in the banking development district;
and
Whereas:In order for this to occur the City of
Buffalo must approve a resolution and submit an application
for the creation of a Banking Development District;
Now, Therefore, Be It Resolved:
That the Common Council supports the establishment of a
Banking Development District within the City of Buffalo; and
Be it Further Resolved:
That the Common Council supports the submission of an
application by the Greater Buffalo Saving Bank to create a
Banking Development District; and
Be it Finally Resolved:
That the Common Council President appoint a Special
Committee to recommend the boundaries for a Banking
Development District. The Committee will work with the
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Buffalo Economic Renaissance Corporation to establish a
program.
ADOPTED
NO. 177
111798006
BY: MR. QUINTANA
APPOINTMENT OF LEGISLATIVE ASSISTANT
Now, Therefore, Be It Resolved:
That Ivette Corredor, residing at 585 Linwood Avenue,
Buffalo, NY 14209, be appointed to the position of
Legislative Assistant to Niagara District Councilmember
Robert Quintana, effective November 9, 1998.
Adopted
NO. 178
111798118
BY: MRS. MILLER-WILLIAMS
PERMISSION TO UTILIZE STREETLIGHTING
STANDARDS FOR HOLIDAY DECORATIONS ALONG
NIAGARA STREET
Whereas:Ellicott District, Niagara Street business
owners have together expressed an interest in hanging
decorations during the holiday season along Niagara Street;
and
Whereas:The holiday decorations would be
placed to enhance neighborhood pride and to heighten the
holiday spirit; and
Whereas:Specifically, businesses along Niagara
Street would like to put lighted decorations on Niagara Street
between Porter Avenue and West Huron Street.
Now, Therefore It Be Resolved:
That the Common Council of the City of Buffalo grants
permission to hang holiday decorations on street light
standards on Niagara Street between Porter Avenue and
West Huron Street in the Ellicott District, subject to the
specifications of the Law Department and the Department of
Public Works.
PASSED
Ayes-12, Noes-0
NO. 179
111798091
BY: MR. ZUCHLEWSKI
INDEMNIFICATION OF THE BOARD OF EDUCATION
AND ACCEPTANCE OF FUNDS FOR THE LIGHTED
SCHOOLHOUSE PROGRAMS
Whereas:The Division for Youth, located in the
Department of Human Services, Parks and Recreation, will
continue to conduct the Lighted Schoolhouse Program in
1998-99; and
Whereas:Approval of the program must be
authorized by the Common Council for each location; and
Whereas:The Lighted Schoolhouse Program
continues to be of great benefit to the citizens of Buffalo at
the following facilities: Clark Gym, School 76, F.L.A.R.E.,
Traditional, Friends to the Elderly, Science Magnet,
Humboldt YMCA, Waterfront, Schools 54, 56, 81, 69, 40, 44,
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Build Academy, Seneca/Babcock B&G Club, Riverside, First
Ward Community Center, Southside, Schools 18, 45, 37,
M.L. King, McKinley, Riverside, and:
Whereas:The Common Council must also accept,
on behalf of the City, the funds allocated by the Buffalo
Urban Renewal Agency as follows: $295,299 for
programmatic costs for the Lighted Schoolhouse Program.
Now therefore be it resolved:
That the Common Council authorizes the Department of
Human Services, Parks and Recreation, the Division for
Youth, various community corporations, civic organizations,
and other persons, firm corporations, and agencies to
conduct Lighted Schoolhouse Programs, provided that each
program and its sponsor be first approved and authorized by
this Common Council, and that such authorization and
approval be communicated to the Buffalo Board of
Education; and
Be it further resolved:
That the City of Buffalo, NY, hereby agrees to indemnify
and hold harmless the Board of Education of the City School
Districts of the City of Buffalo, NY, for claims arising from the
conduct of such Lighted Schoolhouse programs undertaken
with prior approval and authorization of the Common
Council; and
Be it finally resolved:
That the Common Council accepts funds allocated by the
Buffalo Renewal Agency as follows: $295,299 for
programmatic costs.
PASSED
Ayes-12, Noes-0
NO. 180
111798037
BY: COUNCILMEMBER DALE L. ZUCHLEWSKI
LACK OF PATROL CARS FOR COMMUNITY POLICE
OFFICERS
Whereas:Community Police Officers are a vital
crime control component in assisting in the stability and
growth of Black Rock, Riverside, and North Buffalo's
residential base; and
Whereas:A visible presence, access to residents
and neighborhood watch leaders, and the ability to monitor
"trouble spots" are primary roles of Community Police
Officers in community crime reduction efforts; and
Whereas:For the past several months, D-District
Community Police Officers have often been without a patrol
car between the hours of 9pm and 2arn, leaving them
inadequately prepared for their shift; and
Whereas:Community Police Officers are more
effective in dealing with the growing drug activity, juvenile
disturbances, and other "quality of life" concerns when they
have a patrol car available to them during 9pm and 2arn,
since this is when many of these incidences occur; and
Whereas:Area block clubs have expressed
concern for the obvious lack of Community Police in patrol
cars. The efforts of these block clubs are hindered by not
being able to reach Community Police Officers in vehicles
already in the community; and
Whereas:A prime consequence of Community
Police Officers without patrol cars in the evening is the rise in
crime which may be detrimental to the Black Rock,
Page 71
98-1117.txt
Riverside, and North Buffalo residential base;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby
requests Buffalo Police Commissioner Rocco Diina to
explain why Community Police Officers do not have
consistent access to patrol cars during the hours of 9pm and
2am; and
Be It Further Resolved:
That Commissioner Diina file his response with this Council
in time for the December 1, 1998, Council Meeting.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT & COMMISSIONER OF
POLICE .
NO. 181
111798089
BY: DALE L. ZUCHLEWSKI
REQUEST FOR LEGAL OPINION ON LEASE
AGREEMENT FOR DELAWARE PARK CASINO
Whereas:It has come to the attention of this
Council that "Park Casino, Inc." has sold/transferred the
business of running the Delaware Park Casino to two (2)
new principals on or about June 1, 1998; and
Whereas:No prior notification regarding this
transaction was ever given to the City of Buffalo; and
WhereasIt is imperative that an operator be in
place who is responsive to the City and who will achieve
optimum success in revenue generation for the operation of
the Delaware Park Casino;
Now, Therefore be it Resolved That:
The Corporation Counsel be directed to file a legal opinion
on the matter of whether the Park Casino Inc., can initiate
such sale/transfer of the business to new principals without
consent of this Council; and
Be it Further Resolved That:
The Corporation Counsel include in this opinion whether
the Park Casino Lease agreement is still binding based on
their ("Park Casino") sale/transfer of the business to the two
(2) new principals; and
Be it Finally Resolved That:
The Corporation Counsel also include in their opinion
whether the lease is transferable, and if not, what
appropriate action should this Council take to cancel the
entire lease and begin new requests for proposals to solicit
new operators for the Delaware Park Casino.
REFERRED TO THE COMMITTEE ON LEGISLATION
AND CORPORATTONCOUNSEL.
NO. 182
111798051
BY: COUNCILMEMBER DALE ZUCHLEWSKI &
COURICILMEMBER KEVIN HELFER
BUFFALO POLICE DEPARTMENT K-9 DIVISION
Whereas:Earlier this year, the Common Council
questioned the purchase of five additional dogs for the K-9
Division of the Buffalo Police Department; and
Whereas:The Police Department filed a report
with the Common Council committing the K-9 Corp to
augment district staffing; and
Whereas:This commitment of additional K-9 beat
Page 72
98-1117.txt
patrols was a determining factor in the approval of additional
dogs; and
Now, Therefore, be it Resolved:
That the Commissioner of Police file a report with this
Common Council on how many K-9 patrols are assigned to
each police district and how often and where they have been
patrolling.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION/OVERSIGHT AND COMMISSIONER
OF POLICE.
NO. 183
111798119
BY: MR. ZUCHLEWSKI
REFER INNER HARBOR URBAN RENEWAL PLAN
AMENDMENT TO CITY PLANNING BOARD
Whereas: Item 71, C.C.P. November 4, 1998 - "BEDC -
Inner Harbor Project Status Report" is currently before the
Committee on Community Development; and
Whereas:This item includes an introductory letter
and a Draft Environmental Impact Statement (DEIS) on the
Inner Harbor Project; and
Whereas:Appendix A of the DEIS is a draft Urban
Renewal Plan Amendment for the Inner Harbor area
(Waterfront Redevelopment Project No. NY R-35); and
Whereas:The BERC (formerly BEDC) has
requested that the draft Urban Renewal Plan Amendment be
referred to the City Planning Board for consideration by the
Board in order to expedite this project; and
Whereas:The Planning Board may be required to
hold a public hearing before the Board makes its
recommendation to the Council;
Now, Therefore, Be It Resolved That:
This Common Council hereby refers Item 71, C.C.P.
November 4, 1998 - "BEDC - Inner Harbor Project Status
Report," including the draft Urban Renewal Plan Amendment
for the Inner Harbor area, to the City Planning Board.
ADOPTED
NO. 184
111798087
BY: MR. ZUCHLEWSKI
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for "The Union" By Councilmembers Brown,
Miller-Williams & Gray
Felicitation for Archie & Thelma O'Field By Councilmember
Pitts Felicitation for Pastor Marvin L. Willians Day By
Councilmembers Miller-Williams, Brown, Pitts & Gray
Felicitation for Edward and Margaret Messing By
Councilmember Pitts
ADOPTED
NO. 185
Page 73
98-1117.txt
111798121
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:
Jennie D'Angelo
Eugene H. Grzechowiak
Eileen Katz
Crucian S. Messina
Sanford R. Perlmuter
Berbard N.Pryor,Sr.
Leola Johnson Browder
Niula Petrella,
Sharon L. Mihelbergel
William E. Carey
Sandra M. Bedell
Shirley D. Zeigler
Kimberly E. Rogowsky
Jill M. Smigielski
Linda L. Parker
ADOPTED
NO. 186
111798122
BY: MR. ZUCHLEWSKI
APPOINTMENTS
COMMISSIONER OF DEEDS
REQUIRED - PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2000 , conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the
City Clerk:
Linda L. Anderson
Chantal M. Michaux
Lisa A. Geier
Edward Brown
Nancy Jung
Joyce Olivieri
Michelle Bauer
Jacqueline A. Blachowski
John E. Davidson
Lynn E. Gedraitis
Brenda Jurewicz
Linda Kaminski
Lisa Kulp
David H. Owczarzak
Elaine Taylor
Geraldine Barone
Judy Bartlett
Virginia Beyer
Heta Martin
Helen Nigro
Susan Ott
Elaine Pinski
Theresa Sullivan
Page 74
98-1117.txt
Jane Yeates
Theresa AndruskI
Susan Evans
Sandra Hayden
Sarah Hibbard
Margaret Kasper
Catherine Keane
Diane Kloss
Heather Kowalczyk
Deborah Strickland
Gary Szczesny
Debra Tout
Cindy Breslin
Mary Gannon
Sheila Gervase
Kathy M. Koscielniak
Diane Losardo
Cheryl Matter
Delphine Miszewski
Karen Ortiz
Michele Purpora
Darla Schwanz
Wilmer Fowler
John Getsey
Patricia A. Ciepiela
Judith A. Lilac
Elaine Martis
Marcia B. Vanderlinden
Gail S. Chapman
Richard J. Hassler
Lynn M. Merrill
Wendy Stephens
Jo Alleyne
Kathleen M. Baccari
Mary Lou Fennie
Jill A. Fowler
Robert D. Freeman
Kevin D. Gallagher
Jeffrey J. Lazelle
James E. Mayer
Richard Miazga,Jr.
Lionel B. Nosenchuck
Patricia L. Plew
Mary Jo Wasch
Sylvia A. Zielinski
Laverna. S. Armbruster
Michael A. Smyntek
Karen L. Torres
Michael A. Wright
Rose M. Kuta
Suzanne Monaco
Nancy G. Schmelzer
Ann S. Marchese
Maria Demsey
Deborah Losardo
Nicole Williams
Adams, Kathleen M.
Albanese, Nancy A.
Alvarado, Ruth E.
Austin, Dorothy A.
Blady, Marian C.
Blundell, Nancy Brennan
Borczynski, Rose M.
Page 75
98-1117.txt
Brooks, Michelle C.
Byrne, Gregory C.
Cairns, Suzanne E
Carier, Thomas P.
Carothers, Noreen M.
Chisholm, Malinda C.
Cino, JoAnne
Clark, Anita
Clark Sandra
Cooley, Susan E.
Cutolo, Josephine
DeGraffenried, Christine
Demps, Valerie M.
DiGiulio, Joyce M.
Donoghue, Ellen M.
Dougherty, Monica L.
Dujanovich, Michael B.
Duncan, Mable M.
Fay, Sharon A.
Fitzgerald, Laurie A.
Fitzpatrick, Patricia A.
Fricano, Rosemary
Fusco, Diane M.
Ganci, Linda M.
Galante, Paula R.
Gibbons-Glinski, Kelly
Gordon, Dennis M.
Granda, Rene L.
Gray, Carol L.
Gross, Hedwig Paula.
Groves, Patricia R.
Hearon, Dana L.
Holtz, Sherry A.
Jaskula, Sheila
Kowal, Eileen M
Krajewski, Michael R.
Krasinski, Joan M-
Kubik, Jane A.
Kwiatkowski Tucker, Fay
LaBelle, Clara
Lanc, Marilyn F.
Malachowski, Carole
Manitone, Barbara J.
Meyler, Jeanne M.
Mikolajewski, Deborah
Militello, Donna
Milks, Lynn M.
Muranyi, Karen E.
Murphy, Janet M.
Neureuther, Sherry
Noreck, Paul
Nowadly, Margaret M.
O'Brien, Barbara A.
O'Keefe, Theresa L.
Ovak, Stephania
Pandofino, Bert N_
Parks, Michelle M.
Panikowski, Helen V.
Quintana, Yolanda
Re, JoAnn C.
Reczek, Mary Jane
Reilly, Debra A-.
Rich, Donna M.
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98-1117.txt
Riexinger, Joy L.
Robinson, Sonji S.
Rogers, Frances A.
Scherer Charlene
Serafini, Yvonne M.
Shapiro, Mitchell B.
Simich, John P.
Siracuse, Deborah A.
Smith, Dianne A.
Struzik, Rita J.
Thrist, Lovinia
Tinti, Susan A.
Tomlin, Elouise
Walek, Mary C.
Watts, Bebee J.
Weiss, Barbara J.
Wilhelm, Joseph R.
Williams, Jeanette T.
Wojtanik, Maureen
Acquino, Michael
Allen, Gail W.
Arcara, Michael A.
Aronica, Charles
Banmally, Susan L.
Barone, Russell J.
Bartoszewicz, Richard
Betz, Marilyn
Biehunik, Joseph F.
Blake, William
Blankenberg, Mark E.
Blosat, Gregg
Brill, John F.
Brown, Kathleen A.
Burns-Pellitier, Crystalea
Bursie, Ernest W.
Calabrese, Robert L.
Campbell, Cheryl M.
Carducci, Paula P.
Carney, Karen DI.
Chella, Robert T.
Childs, Claudia
Chwojdak, Gary
Collier, Merilee
Conwall, William P.
Cook, Ronnie
Coplin, DarlenE! C.
Corsi, Richard
Costantino, Anthony
Crawford, Denise A.
Cray, Patrick.A.
Damiani, Albert'.
Degenhart, James J.
Delano, Dennis A.
Derenda, Daniel
Dickinson, Sheila R.
DiPasquale, Frank
DiVincenzo, Josephine M.
Doctor, Thomas E
Donohue, Michael T.
Donovan, Gerald M.
Donovan, Thomas, J.
Donovan, William
Douglas, Anthony Dryer Diane P.
Page 77
98-1117.txt
Eason, Michael
Eberle, James H.
Fagan, James
Farley, John P.
Felicetta, Vincent J.
Fenger, John P.
Fitzpatrick, Mark J.
Fraterrigo, Ann M.
Fry, Donald R
Gaspar, Michael F.
Giardina, Christine M.
Hageman, William
Hartman, Norman G.
Healy, Karen L.
Holycross Thomas M.
Hunter, Rose
Jones, Carl E.
Jurewicz, Martin J.
Kane, Mark J.
Kessler, Dennis J.
Krajewski, Lynda L.
Krawczyk, Mark L.
Krug, Thomas
Larke, Jimmie jr.
Lauber, Mark J.
Leggio, Michael S.
Lema, James A.
Liberatore, Albert J.
Linehan, John P.
Lockwood, Byron C.
Lynch, Joseph F. jr.
Lyon, Thomas R.
Lyons, Michael D.
Makowski, Joseph III
Makowski, Mark
Maloney, Kevin
March, Michael A.
Martin-Appleford, Kathleen D.
Martinez, Michael N.
Masecchia, Raniero
Masterson, Thomas J.
Matysiak, Kenneth
McCarthy, Michael J.
McCarthy, Thomas J.
McLaughlin, Dennis
McLeod, Patrick J.
Meegan Robert T.
Melendez, Jorge
Michalek, Mark
Militello, Charles
Minor, Reginald
Molenda, John P.
Montalvo, Alexander
Mordino, Michael A.
Mulhern, Deborah
Murphy, Patrick C.
Nelson, Avery
Niemann, Edward C.
Nigro, Richard
Ortiz, Andres S.
Ortiz, Richard A.
O'Shei, Gary P.
Ostrowski, Phyllis
Page 78
98-1117.txt
Pantano, Pamela J.
Patanella, Michael J.
Penders, Robert J.
Perez, Luciano
Pratts, Mario T.
Rak, Genevieve A.
Ramunno, Lawrence M.
Reinig, Paul W.
Riga, Joseph jr.
Rinaldo, Daniel F.
Rivera, Miguel. A. jr.
Rizzo, Duane 1'.
Rodriguez, Deborah M.
Ruff, James H.
Sack, Margaret
Salamone, Timothy J.
Sanford Marvin V.
Schleer, Robert J.
Scinta, Anthony R.
Smith, Vickie L.
Stambach, MarK, R.
Strano Joseph F.
Sullivan, Daniel F.
Sullivan, Paul F.
Swain, Patrick D.
Szczur, James C.
Teague, Gary E.
Telesco, Thomas M.
Terranova, Carl
Torre, Philip
Ulewski, Jacob J.
Vaughn, Mark J.
Wagstaff, Richard W.
Walker, Arnold G.
Washburn Stephen
Watkins, James R.
Weber, Leonard R.
Weiser, James A.
Wiles, Sheila M.
Wilson, Lisa
Woods, Richard D.
Yeates, Robert W.
Yeates, William R.
Young, Fred F
ADOPTED
NO. 187
111798124
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13th floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Civil Service Tuesday, Nov 24, 1998 at 9:30 o'clock A.M.
Finance Tuesday, Nov 24, 1998 following Civil Service
Legislation Tuesday, Nov, 24, 1998 at 2:00 o'clock P.M.
Community Development Wed, Nov 25, 1998 at 10:00
o'clock A.M.
Education Wednesday Nov 25, 1998 at 2:00 o'clock P.M. in
Room 1417.
Ancillary Meetining
Page 79
98-1117.txt
Special Committee on Taylor Law Impasse will be meeting
on Friday, November 20, 1998 at 2:00 P.M. in Rm. 1417.
Special Committee on Budget will be meeting on
Wednesday, November 18, 1998, at 9:00 A.M. in Room
1417 City Hall.
Special Committee on Municipalization of Electrical
Services will be meet' on Wednesday, November 18, 1998 at
2: 00 o'clock P.M. in Room 1417.
Gretchen A. Pound
Council Reporter
NO. 188
111798125
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 3:03 PM
CHARLES L. MICHAUX, III
CITY CLERK
BOARD OF POLICE AND FIRE PENSION
PROCEEDINGS#10
MAYOR'S OFFICE - 201 CITY HALL
NOVEMBER 19,1998
Present:James W. Pitts, Council President; Anthony M.
Masiello, Mayor; Joel A. Giambra, Comptroller-3
Absent: None
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of November 1998 amounting to
$23,498.43, and respectfully request that checks be drawn
to the order of the persons named herein for the amounts
stated.
ADOPTED
Ayes-3. Noes-0.
NO. 2
The following annuitant was cancelled from the Fire Pension
Fund:
Mary E. Kibler Died 10/12/98
RECEIVED AND FILED.
NO. 3
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of November 1998 amounting to
$26,097.00, and respectfully request that checks be drawn
to the order of the persons named herein for the amounts
stated.
ADOPTED
Ayes-3. Noes-0.
NO. 4
On motion by Mr. Masiello, the City of Buffalo Police and
Fire Pension Board Meeting adjourned at 11:10 a.m.
Page 80