HomeMy WebLinkAbout98-1104
98-1104.txt
No. 20
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
NOVEMBER 4, 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
98-1104.txt
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T.
Manley, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Kevin J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer,
Rosemarie LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, NOVEMBER 4, 1998
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Fontana,
Gray, Helfer, Kavanaugh, LoTempio,Manley, Pitts,
Quintana, Williams and Zuchlewski - 12.
ABSENT - Franczyk -1
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
October 20, 1998 were approved.
FROM THE MAYOR
FROM THE MAYOR
NO. 1
DESIGNATION OF NOMINEES FOR APPOINTMENT TO
THE BOARD OF TRUSTEES OF THE BUFFALO AND
Page 2
98-1104.txt
ERIE COUNTY
LIBRARY
Pursuant to Section 6212 of the Unconsolidated Laws,
being Chapter 768, Section 2 of the Laws of 1953,
transmitted herewith are my designated nominees to the
Board of Trustees of the Buffalo and Erie County Public
Library. The County Executive, subject to confirmation by
the County Legislature, will appoint one nominee for a term
expiring December 31, 2003. Mr. Roach, is currently a
Library Trustee, therefore, he is nominated for re-
appointment.
Daniel T. Roach 50 Highland Avenue Buffalo, N.Y.
14222 Daniel T. Roach is a member of the Board of
Directors of the Buffalo and Erie County Library Foundation.
He is presently the President and Managing Partner of the
law firm of Maloney, Gallup, Roach, Brown & McCarthy. He
is Assistant Professor of Law, Faculty of Law and
Jurisprudence, State University of New York at Buffalo.
David F. Granville 9 Cottage Street Buffalo, N.Y. 14201
Mr. Granville is the Executive Director, City of Buffalo Arts
Commission. He serves as administrative staff for 15
member City of Buffalo Arts Commission and 17 member
Arts and Cultural Funding Advisory Committee. From 1986
through 1993 David was Director/Assistant Director of
Niagara University Theatre, Buffalo Ensemble Theatre, Holy
Names College Theatre (Oakland, CA), Greater Buffalo
Opera Company, and Eastman School of Music Opera
Theatre (Rochester, N.Y.).
Thomas Errol Gleed 204 West Tupper Street Buffalo,
N.Y. 14201 at the present time Mr. Gleed is a Special
Projects Coordinator in the Department of Community
Development. From 1985 to 1995 he was General Store
and Merchandise Manager for PELLER & MURE. Mr. Gleed
was Vice-President & Secretary of Stuart Gleed, Inc. from
1975-1985 and Vice-President & Secretary of Stuart Gleed
of Florida, Inc. from 1984-1990. Tom is very active in career
related activities
I hereby certify that the above designees are fully qualified
to serve as a member of the Board of Trustees of the Buffalo
and Erie County Library.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNCIL, DIVISION OF COLLECTIONS
AND COMPTROLLER.
NO. 2
RE-APPOINTMENT OF MEMBER TO THE EXAMINING
BOARD OF ELECTRICIANS
Pursuant to the powers vested in me in Part II, Chapter
165, Article I, Section 3 of the Code of the City of Buffalo, I
hereby re-appoint, subject to approval by Your Honorable
Body, John Fecio, residing at 291 Downing Street, Buffalo
14220 to the Examining Board of Electricians for a term
commencing immediately and will expire December 31,
2001.
I hereby certify that the above named individual is fully
qualified to serve as a member of the Examining Board of
Electricians.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, DIVISION OF COLLECTIONS,
AND COMPTROLLER.
Page 3
98-1104.txt
NO. 3
RE-APPOINTMENT OF MEMBER TO THE EXAMINING
BOARD OF PLUMBERS
PURSUANT TO THE PROVISIONS OF SECTION 40-
A OF ARTICLE 4 OF THE GENERAL CITY LAW OF THE
STATE OF NEW YORK AND SECTION 311, ARTICLE 17
OF THE CITY CHARTER, I HEREBY REAPPOINT
HAROLD K. FAWCETT, RESIDING AT 197 VERMONT
STREET, BUFFALO 14213, AS A MEMBER OF THE
EXAMINING BOARD OF PLUMBERS FOR A TERM
EXPIRING DECEMBER 31, 2001.
I hereby certify that the above named individual is fully
qualified for reappointment to the Examining Board of
Plumbers.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, DIVISION OF COLLECTIONS
AND COMPTROLLER.
NO. 4
REAPPOINTMENT OF MEMBERS TO THE CITY
PLANNING BOARD
Pursuant to the powers vested in me Section 316 of the
Charter of the City of Buffalo, I hereby reappoint the
following members to the City Planning Board:
Susan Curran Hoyt 70 North Pearl Street Buffalo, N. Y.
14202 Susan Curran Hoyt's term will expire on October 9,
2001.
Horace A. Gioia 49 Clarendon Place Buffalo, N. Y. 14209
Mr. Gioia's term will expire on October 9, 2001.
I hereby certify that the above named individuals are fully
qualified for reappointment to the City Planning Board.
REFERRED TO THE COMMIETTEE ON LEGISLATION,
CORPORATION COUNSEL, DIVISION OF COLLECTIONS
AND COMPTROLLER.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 5
A. SORRENTO
367 DELAWARE AVE. DROP-IN CENTER
ITEM NO. 81, C.C.P. 10/20/98
The City Planning Board at its regular meeting held
Tuesday, October 27, 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 convert an existing office building
into a drop-in center with food pantry services located at 367
Delaware Ave. Under SEQR the proposed drop-in center is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board found an acceptable level of
concentration of similar uses, since this use is moving from a
nearby location, and an unacceptable level of concentration
of food pantries.
Page 4
98-1104.txt
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 6
CERTIFICATE OF NECESSITY
CAPITAL BUDGET AMENDMENT
AUTHORIZATION FOR A CHANGE IN CAPITAL
INDEBTEDNESS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 359 of
the Charter, that it is necessary to authorize a change in
indebtedness for Capital Projects Program, provided by the
Common Council prior to July 1, 1998 for the ensuing fiscal
year, by eliminating the first item and adding the following
items:
Eliminate
200 Capital Projects
401 Division of Engineering
Genesee Street Reconstruction $2,500,000
Add
200 Capital Projects
401 Division of Engineering
Infrastructure Improvements - Lovejoy District $1,000,000
Lovejoy Buildings $ 300,000
Dated: Buffalo, NY, October 20, 1998
RECEIVED AND FILED
NO. 7
INTERFUND LOAN
Over the last six years, the City has provided interfund
loans from the City General Fund to Th City, Board and
Enterprise Capital Projects Funds to implement financing of
the Capital Improvement Budget. The interfund loans are
repaid when the Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance
projects and we will not reenter the bon market at this time.
We are requesting that you approve interfund cash loan
from the General Fund to the City's Capita Projects Fund in
the amount of $125,000, Lanigan Fieldhouse
Reconstruction. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 200 203-402-017 BAN/Bond
General Capital Projects Sale $125,000
Mrs. LoTempio moved:
That the above communication from the
Comptroller dated October 27, 1998, be received and
filed; and
That the Comptroller be, and he hereby is authorized to
make an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $125,000,
Lanigan Fieldhouse Reconstruction. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
Passed
AYES-12, NOES-0
NO. 8
Page 5
98-1104.txt
AUDITED FINANCIAL STATEMENTS AND OTHER
FINANCIAL INFORMATION FOR BUFFALO MUNICIPAL
WATER FINANCE AUTHORITY FOR YEARS ENDED
JUNE 30, 1998 AND 1997
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the Buffalo
Municipal Water Finance Authority for the years ended June
30, 1998 and 1997 with Report of Independent Auditors,
Ernst & Young, LLP, have been distributed to members of
the Buffalo Water Board, each Councilmember, the City
Clerk, the Mayor, the Comptroller, the Division of Accounting
and the Budget Office.
This report is available as a public record for inspection by
all interested parties.
Pursuant to Section 35 of the General Municipal Law, the
Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and
file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE AND
BUFFALO WATER BOARD.
NO. 9
UTILITY TAX AUDIT
ITEM NO. 270, C.C.P. 09/8/98
In December, 1996, this Department solicited proposals
from Certified Public Accounting firms, Engineering firms and
other professional firms we believed possessed the
necessary technical expertise in utility tax auditing to perform
an audit of the tax the City imposes upon gross income or
gross operating income of corporations and/or persons
furnishing utility services within the geographic boundaries of
the City. Eleven proposals were sent out locally with five
firms responding in the negative. Due to various reasons,
these firms indicated that such an audit would be beyond
their scope of service.
Over the years, there has been widespread development
with respect to providers of communication services in the
City. The number of service providers has mushroomed and
the types of services have grown and the City would be well
served to conduct a utility tax audit. However, my
Department simply does not have the specific technical
knowledge necessary to conduct such an audit, causing us
to solicit highly specialized professional firms capable of
performing such an audit as we did in 1996.
We support the above referenced Council Resolution
calling for a utility tax audit and are prepared to work closely
with Your Honorable Body to achieve this objective.
However, we believe that such an endeavor will require an
identification of funds and/or a reallocation since funding
required to perform this kind of audit does not currently exist
within the budget restraints of the Department of Audit and
Control. In addition, solicitation for this audit may have to
extend beyond the Western New York area in order to locate
the necessary expertise to perform such an audit.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 10
AMEND LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND FAITH BAPTIST CHURCH FOR USE OF
HUMBOLDT PWKY. EAST 265' SOUTH OF NORTHLAND
Page 6
98-1104.txt
(APPROX. 60'X 282)
Item No. 11, C.C.P. 5/26/98 7 & No. 116, C.C.P. 6/9/98
Pursuant to the above captioned Item Your Honorable Body
approved a lease agreement between the City of Buffalo and
the Faith Baptist Church for a five (5) year period
commencing on July 1, 1998 and expiring on June 30, 2003.
The lease agreement that was approved pursuant to Item
No. 116, C.C.P. 6/9/98 describes the property as 620
Humboldt Pkwy. However, there is no such address as 620
Humboldt Pkwy. After checking with the City's Assessment
Office, it has been determined that the property Faith Baptist
leases from the City has no number assigned to it. The
property being leased is described as Humboldt Pkwy., E
265' S of Northland, approx. 60'x 282. The S.B.L. Number is
100.36-1-41 and the Bill Number is 03560501.
The present lease agreement needs to be amended to
reflect the correct description of the property being leased by
the Faith Baptist Church, as mentioned above. All other
terms of the lease shall remain the same.
This office is requesting that Your Honorable Body
approve the above mentioned amendments, authorize the
Corporation Counsel's Office to draw the necessary
documents and authorize the Mayor to execute the same.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
October 13, 1998, be received and filed; and
That the Comptroller be, and he hereby is authorized to
amend the lease agreement between the City and the Faith
Baptist Church for the use of Humboldt Parkway East 265'
South of Northland (approx. 60' x 282') as previously
approved in Item No. 116, C.C.P,. June 9, 1998.
Passed
AYES-12, NOES-0
NO. 11
AMEND LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND SOUTH BUFFALO COMMUNITY
ASSOCIATION FOR USE OF A PORTION OF SCHOOL
#29, 2193 SOUTH PARK
ITEM NO. 86, C.C.P. 12/9/97
ITEM NO. 146, C.C.P. 7/7/98
The Comptroller's Office, Division of Real Estate, has
received a letter from the South Buffalo Community
Association requesting to amend their lease for the following
reasons:
1. The South Buffalo Community Association no longer
utilizes the gymnasium. The Police Athletic League runs the
youth recreation programs and they are the principal user of
the gym. All language relating to the gymnasium throughout
the lease should be deleted.
2. The South Buffalo Community Association is requesting
to utilize two additional Rooms. Number 112 (located on the
1st floor, on the southwest side of the South Park Avenue
Building, directly across from County Legislature Fitzpatrick's
Office) and Room No. 113 (located on the South Park
Avenue Corridor on the first floor).
3. Paragraph No. 11 indicates that the South Buffalo
Community Association shall at all times keep the entire
premises in a clean and healthful condition. The South
Page 7
98-1104.txt
Buffalo Community Association should be responsible for the
upkeep of only the rooms they lease which are Rooms 221,
222, 235, Storage Room No. 26, Faculty Lunchroom and the
newly requested rooms 112 & 113. The common areas
should kept clean and healthful as a shared responsibility by
all parties leasing said premises. Any other rooms not
mentioned should be the responsibility of the organization
that leases them. Again, the gymnasium should be
eliminated, since they no longer utilize this area.
All other terms of the lease for the period of January 1,
1998 - December 31, 2002 shall remain the same.
This office is requesting that Your Honorable Body approve
the above mentioned amendments, authorize the
Corporation Counsel's Office to draw the necessary
documents and authorize the Mayor to execute the same.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
October 15, 1998, be received and filed; and
That the Comptroller be, and he hereby is authorized to
amend the lease between the City and the South Buffalo
Community Association, for use of a Portion of School #29,
2193 South Park, for the reasons as listed in the above
communication, for the lease period of January 1, 1998 -
December 31, 2002.
Passed.
AYES-12, NOES-0
NO. 12
CERTIFICATE OF APPOINTMENT
Appointment Effective: OCTOBER 26, 1998 in the
Department of 04-0 AUDIT & CONTROL Division of DATA
PROCESSING to the Position of SYSTEMS ANALYST At
the Starting Salary of: PROVISIONAL APPOINTMENT
FOURTH STEP $40,675.
PAUL BONVISSUTO 302 HARTWELL RD BUFFALO 14216
FROM THE PRESIDENT OF THE COUNCIL
NO. 13
JOINT SCHOOLS CONSTRUCTION BOARD
The proposed Joint Schools Construction Board is indeed
an innovative approach to capital project development and
implementation between the City and Board of Education. It
offers at least the opportunity to coordinate funding
resources conjointly and at the same time provide a more
efficient site selection standard.
As you know, the Common Council is to appoint a
designee to the Board. My choice is Majority Leader
Rosemarie LoTempio. This is fitting given the overall
budgetary responsibility of Mrs. LoTempio.
RECEIVED ANF FILED
FROM THE COMMISSIONER OF ASSESSMENT
NO. 14
TAX EXEMPT STATUS
CENTRAL TERMINAL
ITEM #157 , C.C.P. 10/20/98
The above noted item has been referred to this
department for comment. This office previously received
and denied an application for exempt status based on
Page 8
98-1104.txt
Section 420(a) of the Real Property Tax Law (RPTL) for the
Central Terminal. In addition, this office was further advised
by the Department of Law that exempt status could not be
granted under RPTL 420(b)(permissive use) since the City
does not allow for exemption under this section.
This office is unaware of any other provision of the real
property tax law which may qualify the Central Terminal for
exempt status. Perhaps the Corporation Counsel's office
may be able to suggest some other provisions allowed by
state law to achieve the results sought in the above noted
resolution.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 15
NOTIFICATION SERIAL # 9086
Install Alternate Parking - Type II Gittere Street
between Walden Avenue and Sycamore Street
NO PARKING (ALTERNATE - TYPE II) -
INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the
first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO PARKING
PROHIBITED PORTION PROHIBITED PERIOD
OF HIGHWAY
Gittere Street, east side 9:00 a.m. - 4:00 p.m.
between Walden Avenue Thursday, Friday
and Sycamore Street
Gittere Street, west side 9:00 a.m. - 4:00 p.m.
between Walden Avenue Monday, Tuesday, Wednesday
and Sycamore Street
This action is being taken at the request of the residents of
Gittere Street and the District Councilmember.
NOTIFICATION SERIAL # 9087
TRAFFIC CONTROL SIGNAL - REPEAL
MICHIGAN AVENUE AT RILEY STREET
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Michigan Avenue at Riley Street
This action is being taken as part of a Federally funded
Page 9
98-1104.txt
Congestion Mitigation/Air Quality (CMAQ) project. The
project will involve the modernization of the existing signal
system along Michigan Avenue between Main Street and
Broadway. As part of the CMAQ program, all existing
intersections contained in the project area must be analyzed
according to Federal and State standards. This analysis
must be performed to determine if new signals are needed
and/or if current signalized intersections meet Federal/State
warrants for the continued need of a traffic signal. This
signal does not meet any of the current Federal and State
warrants for its continued operation and, therefore should be
removed.
NOTIFICATION SERIAL # 9088
TRAFFIC CONTROL SIGNAL - REPEAL
MICHIGAN AVENUE AT NORTHAMPTON STREET
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Michigan Avenue at Northampton Street
This action is being taken as part of a Federally funded
Congestion Mitigation/Air Quality (CMAQ) project. The
project will involve the modernization of the existing signal
system along Michigan Avenue between Main Street and
Broadway. As part of the CMAQ program, all existing
intersections contained in the project area must be analyzed
according to Federal and State standards. This analysis
must be performed to determine if new signals are needed
and/or if current signalized intersections meet Federal/State
warrants for the continued need of a traffic signal. This
signal does not meet any of the current Federal and State
warrants for its continued operation and, therefore should be
removed.
NOTIFICATION SERIAL # 9089
TRAFFIC CONTROL SIGNAL - REPEAL
MICHIGAN AVENUE AT DODGE STREET
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Page 10
98-1104.txt
Michigan Avenue at Dodge Street
This action is being taken as part of a Federally funded
Congestion Mitigation/Air Quality (CMAQ) project. The
project will involve the modernization of the existing signal
system along Michigan Avenue between Main Street and
Broadway. As part of the CMAQ program, all existing
intersections contained in the project area must be analyzed
according to Federal and State standards. This analysis
must be performed to determine if new signals are needed
and/or if current signalized intersections meet Federal/State
warrants for the continued need of a traffic signal. This
signal does not meet any of the current Federal and State
warrants for its continued operation and, therefore should be
removed.
NOTIFICATION SERIAL # 9090
TRAFFIC CONTROL SIGNAL - REPEAL
MASTEN AVENUE AT DODGE STREET
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Masten Avenue at Dodge Street
This action is being taken as part of a Federally funded
Congestion Mitigation/Air Quality (CMAQ) project. The
project will involve the modernization of the existing signal
system along Masten Avenue between East North Street
and Main Street. As part of the CMAQ program, all existing
intersections contained in the project area must be analyzed
according to Federal and State standards. This analysis
must be performed to determine if new signals are needed
and/or if current signalized intersections meet Federal/State
warrants for the continued need of a traffic signal. This
signal does not meet any of the current Federal and State
warrants for its continued operation and, therefore should be
removed.
NOTIFICATION SERIAL # 9091
TRAFFIC CONTROL SIGNAL - REPEAL
MASTEN AVENUE AT NORTHAMPTON STREET
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Masten Avenue at Northampton Street
Page 11
98-1104.txt
This action is being taken as part of a Federally funded
Congestion Mitigation/Air Quality (CMAQ) project. The
project will involve the modernization of the existing signal
system along Masten Avenue between East North Street
and Main Street. As part of the CMAQ program, all existing
intersections contained in the project area must be analyzed
according to Federal and State standards. This analysis
must be performed to determine if new signals are needed
and/or if current signalized intersections meet Federal/State
warrants for the continued need of a traffic signal. This
signal does not meet any of the current Federal and State
warrants for its continued operation and, therefore should be
removed.
NOTIFICATION SERIAL # 9092
TRAFFIC CONTROL SIGNAL - REPEAL
MASTEN AVENUE AT GLENWOOD AVENUE
TRAFFIC CONTROL SIGNAL - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffhlo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Masten Avenue at Glenwood Avenue
This action is being taken as part of a Federally funded
Congestion Mitigation/Air Quality (CMAQ) project. The
project will involve the modernization of the existing signal
system along Masten Avenue between East North Street
and Main Street. As part of the CMAQ program, all existing
intersections contained in the project area must be analyzed
according to Federal and State standards. This analysis
must be performed to determine if new signals are needed
and/or if current signalized intersections meet Federal/State
warrants for the continued need of a traffic signal. This
signal does not meet any of the current Federal and State
wan-ants for its continued operation and, therefore should be
removed.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
ANNUAL REPORT - OPERATIONS OF THE
WATER SYSTEM
Attached is a report from R&D Engineering to the Buffalo
Water Board indicating American Anglian Environmental
Technologies' adherence to the contract for the operation of
the Buffalo Water System.
This information is being submitted to Your Honorable
Body for your information.
REFERRED TO THE COMMITTEE ON FINANCE AND
BUFFALO WATERBOARD.
NO. 17
REPORT OF BIDS
CONSTRUCTION OF FILLMORE-FERRY POLICE
PRECINCT 693 EAST FERRY STREET
Page 12
98-1104.txt
I advertised for on September 8, 1998 and received the
following sealed formal proposals for the Construction of
Fillmore-Ferry Police Precinct, 693 East Ferry Street, which
were publicly opened and read on October 27, 1998.
General Construction Base Bid + Alt #1 + Alt #2
Montco Construction Co. $2,390,000 $38,000 $172,000
Summit Const. Group $2,568,000 $35,000 $387,000
The Hadala Corp. $2,619,000 $25,000 $452,000
C. Nichter Inc. $2,647,000 $20,000 $257,000
Concept Construction $2,654,000 $40,000 $420,000
Sicoli & Massaro Inc. $2,695,700 $46,000 $402,000
Picone Construction $2,705,000 $65,000 $390,000
New Era Construction $2,891,470 $60,000
Pepe Rodems $2,910,000 $10,000 $425,000
The C. H. Byron Co. $2,989,000 $125,000 $390,000
Wilsandra Construction $3,050,000 $7,500 $445,000
Alternate #1 is to provide temporary cold weather
enclosure required for decreased construction time.
Alternate #2 is to provide additional site work that is shown
on Drawings C2, C3 and C4.
HVAC Work Base Bid Alt #1
D. V. Brown & Associates $167,400 -0-
R P Mechanical $174,471 -0-
Buffalo Sheet Metals $188,900 -0-
John W. Danforth Co. $193,000 -0-
Joseph Davis Inc. $197,200 -0-
Allied Mechanical $199,737 -0-
S L R $280,775 $2,500
Alternate #1 is a deduction to decrease the construction
time.
Electrical Work Base Bid - Alt #1 + Alt #2
Hendler Electric Inc. $ 284,500 -0- $ 20,750
Frey Electric Const. $327,000 -0- $ 29,800
O'Connell Electric Co. $339,000 -0- $ 23,950
Weydman Electric $339,949 $700 $ 26,000
Industrial Power & Ltg. $348,800 -0- $ 29,000
TunneffleFt $356,563 -0- $ 26,267
Grand Island Electric $368,857 -0- $ 31,859
Bennett Electric. $405,311 -0- $ 31,185
CIR Electric $412,700 $15,800 $29,900
Alternate #1 is a deduction to decrease the construction
time.
Alternate #2 is to provide additional site work shown on
Drawings C2, C3, and C4.
Plumbing Work Base Bid - Alt #1
Matthew Kandefer Inc. $134,750 $1,000
H B Plumbing $149,400 $2,000
Danforth $163,673 -0-
MKS Plumbing Corp. $164,878 -0-
W.C. Roberson Plumbing $166,000 $ 1,000
Elmwood Plumbing $178,200 -0-
Armani Plumbing $184,500 -0-
H & M Plumbing $185,000 -0-
Alternate #1 is a deduction to decrease the construction
time.
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: Montco Construction Co., with a
Base Bid of $2,390,000, add Alternate #1 for $38,000, add
Alternate #2 for $172,000, for a total amount of $2,600,000.
HVAC Work: D. V. Brown & Associates, in the amount of
Page 13
98-1104.txt
$167,400.
Electrical Work: Hendler Electric Inc., with a Base Bid of
$284,500, add Alternate #2 for $20,750, for a total amount of
$305,250.00
Plumbing Work: Matthew Kandefer Inc., with a Base Bid
of $134,750, less Alternate #1 for $1,000, for a total amount
of $133,750.
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 will be available in
CPF 203-402-01 0 -Division of Buildings.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 28, 1998, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Construction of
Fillmore-Ferry Police Precinct, to the lowest responsible
bidders; for General Construction to Montco Construction
Co., with a Base Bid of $2,390,000, add Alternate #1 for
$38,000, add Alternate #2 for $172,000, for a total amount of
$2,600,000; for HVAC work to D.V. Brown & Associates, in
the amount of $167,400; for Electrical work to Hendler
Electric Inc., with a Base Bid of $284,500, add Alternate #2
for $20,750, for a total amount of $305,250; for Plumbing
work to Matthew Kandefer Inc., with a Base Bid of $134,750,
less Alternate #1 for $1,000, for a total amount of $133,750.
Funds for the project are available in CPF 203-402-010 -
Division of Buildings.
Passed.
AYES-12, NOES-0
NO. 18
CORRECTED COPY
REPORT OF BIDS - THE REPLACEMENT OF
TREE ROOT DAMAGED SIDEWALKS IN THE
UNIVERSITY DISTRICT - GROUP #486
ITEM #26 C.C.P. 10/20/98 &
ITEM #56 C.C.P. 9/8/98
On Tuesday, October 20, 1998, item #26, referenced
above, was approved by Your Honorable Body. It has been
discovered that the Capital Projects funds referenced in that
approved C.C.P. was incorrectly identified. The correct
Capital Projects funds are 202-401-002 and 202-401-003.
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works dated October 29, 1998, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to correct his records to identify the correct
account to Capital Projects fund 202-401-002 and 202-401-
003 for the project listed in the above communication.
Passed.
AYES-12, NOES-0
NO. 19
REPORT OF BIDS
TIFFT STREET CURB & SIDEWALK RECONSTRUCTION
- 1998 GROUP #488
ITEM #256, C.C.P. 9/22/98
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
Page 14
98-1104.txt
advertised and received bids on October 21, 1998for The
Tifft Street Curb & Sidewalk Reconstruction - 1998, Gr.
#488.
In obtaining bids for the above project, I have asked for
bids on a unit price covering the various items of work and
material which will be performed. The final cost of the work
will be based on the actual measured quantities of materials
entering into the work and may be either more or less than
the total bid.
The following bids were received:
Base Bid Unit Price Increase
Master's Edge $137,506.00* $151,256.60*
A.B.P. Concrt. Const. $137,864.00 $151,614.60
P & J Constr. Inc. $154,997.00 $168,747.60
C. Destro Dev. Co., Inc. $155,370.00* $169,120.60*
M.P.J. Contracting, Inc. $156,600.75 $170,351.35
C & C Contractors, Inc. $164,154.18 $177,904.78
Falcone Concrete, Inc. $174,741.00 $188,491.60*
Mario Cam. Conct. Const. $177,391.75 $191,142.35
Campobello Construction $177,657.30 $191,407.90
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is Master's Edge, Inc.
I respectfully recommend that your Honorable Body order
the work, the cost thereof to be charged to the Capital
Projects Fund #202-401-003 in an amount of $ 137,506.00,
plus approved unit prices not to exceed $13,750.60 as per
Item #126, C.C.P. 3/3/98 for a total encumbrance of
151,256.60. The engineer's estimate for this work is
$150,000.00.
The attached is certified to be a true and correct statement
of the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by December 7,
1998. Individual bid submissions are available in our office
for inspection and copies are available upon request.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 27, 1998, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Tifft Street Curb &
Sidewalk Reconstruction - 1998, Group #488 to Master's
Edge, the lowest responsible bidder, in an amount of
$137,506.00 plus approved unit prices not to exceed
$13,750.60 as per Item No. 126, C.C.P., 3/3/98, for a total
encumbrance of $151,256.60. Funds for this project are
available in the Capital Projects Fund #202-401-003.
Passed.
AYES-12, NOES-0
NO. 20
CHANGE ORDER NO. 3
COL. WARD HIGH SERVICE PUMP
REHABILITATION PROJECT
CITY CONTRACT NO. 91915000
I hereby submit to your Honorable Body the following
Change Order No. 3 with John W. Danforth Company for
work relating to Colonel Ward High Service Pump
Rehabilitation Project, City Contract No. 91915000.
During construction, problems with the pumps were found
Page 15
98-1104.txt
that could not be determined during the project's design
phase. Specifically, problems were found with the volute
casing, impeller, and heat exchangers that required repairs.
There were three bidders on this project. The second
lowest bidder was Butler Construction at $580,200.00 and
the third lowest bidder was Kandey Company at
$707,160.00. The original engineer's estimate for this project
was $720,000.00.
Costs have been reviewed by the Department of Public
Works and the Consulting Engineer and found to be fair and
equitable.
SUMMARY:
Original Amount of Contract $560,490.00
Change Order No. 1 - Increase $ 17,588.28
Change Order No. 2 - Increase $ 26,506.57
Change Order No. 3 - Increase $ 32,793.14
CONTRACT AMOUNT $637,377.99
Funds in the amount of $32,793.14 are available in the
Division of Water's 416-983-001-00-000 Capital Projects
Account.
I recommend the above change order and it is respectfully
requested that your Honorable Body authorize the
Commissioner of Public Works to issue a change order as
set forth above.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 21
CHANGE IN CONTRACT
KING URBAN LIFE CENTER
EARLY CHILDHOOD SCHOOL
MECHANICAL CONTRACT
I hereby submit to Your Honorable Body the following
changes for the King Urban Life Center, Early Childhood
School, Mechanical Contract, D. V. Brown & Associates,
Inc., C #91940800.
1. Provide duct openings in existing stairwell between Add
$ 5,950.00 basement and crawl space and install additional
structural framing for three new duct openings in existing
floor above basement.
2. Inspect existing chimney. Add $ 1,840.00
3. Remove existing convectors in former sacristy.
Add $ 309.00
4. Clean and sanitize supply and return ducts.
Add $ 2,915.00
5. Install new boiler breaching. Add $38,214.00
6. Contract allowance. Add $ 7,000.00
The foregoing change results in a net increase in the
contract of Forty Two Thousand Two Hundred Twenty Eight
and 00/100 Dollars ($42,228.00).
Summary: Original Amount of Contract $287,400.00
Change Order #1 (CCP 7/7/98, item #27) Deduct $758.00
Amount of This Change (No. 2) Add $ 42,228.00
Revised Amount of Contract $319,870.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Hamilton, Houston, Lownie, Architects) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in 203-402-502 -
Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
Page 16
98-1104.txt
That the above communication from the Commissioner of
Public Works dated October 26 1998, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 2, to D.V. Brown &
Associates, an increase in the amount of $42,228.00, as
more fully described in the above communication, for work
relating to King Urban Life Center, Early Childhood School,
Mechanical Contract, C #91940800. Funds for this project
are available in 203-402-502 Division of Buildings.
Passed
AYES-12, NOES-0
NO. 22
COST OF DISPOSAL
DEMOLITION OF CITY-OWNED PROPERTIES
ITEM NO. 163, C.C.P. 10/10/98
The referenced item was referred to this department for
comment. Debris from demolitions that are conducted by
this department are disposed of through the City's solid
waste disposal contract with Modern Disposal, Inc. On
many occasions various individuals have expressed an
interest in working with us to recycle as much of this debris
as possible. To date, we have not found anyone interested
in taking our debris if the loads are mixed. It is our belief that
if it is necessary for us to sort all the materials from the
demolition, the increased cost of the demolition will outweigh
the savings realized by recycling various materials.
If Tomasello Contracting Corporation wishes to explore
this matter further, I am willing to meet with them to establish
guidelines for this project.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 23
MARK GOLDMAN -
CALUMET EXPANSION
ON ASBURY ALLEY
ITEM NO. 80; C.C.P. 10/20/98
The above captioned item was referred to the Department
of Public Works for our comments and recommendations.
The portion of Asbury Alley in question is part of the
dedicated public alley that originally extended between
Huron Street and Chippewa Street, midway between
Franklin Street and Pearl Street. The dedicated width of the
right-of-way is eleven (11.00) feet. A portion of the alley was
closed and abandoned under Item No. 158 of the Common
Council Proceeding of June 1, 1982 to allow for the
construction of the municipal parking ramp. That portion of
the alley from the south line of Chippewa Street to a point
121 feet south, thereof, remains a dedicated public alley.
Since Asbury Alley is a dedicated public alley, the
Department of Public Works does not object to the proposal
to locate entrance/exit doors between the existing building
and the public alley. However, any encroachments into the
public alley, such as overhead signs, door swings into alley,
canopies, fencing, etc. would require either separate permits
or easements granted to the owner by Your Honorable Body.
Such easements or permits would require bonds or
insurance coverage to protect the City of Buffalo from any
claims of personal injury or property damage.
REFERRED TO THE COMMITTEE ON COMMUNITY
Page 17
98-1104.txt
DEVELOPMENT
NO. 24
220 FRANKLIN STREET
AWNING WITHIN CITY
RIGHT OF WAY
Mr. James Hurliman, owner of The Basement Bar and
Restaurant, located at 220 Franklin Street, has requested
permission to install an awning which would encroach City
right of way at said address.
The proposed awning would measure 5.0 feet in height,
39.0 feet in overall length and project approximately 3.0 feet
from the building face into City right of way.
The Department of Public Works has reviewed Mr.
Hurliman's application pursuant to Chapter 413-56 (Awnings,
Canopies and Marquees) of the City Ordinances and has no
objection to Your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for
said installation provided the following conditions are met:
1. That the applicant obtain any and all other City of
Buffalo permits necessary for said installation.
2. That the awning be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3. 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 construction, maintenance, use and removal of said
awning.
Mrs. LoTempio moved:
That the Commissioner of Public Works be and he hereby
is authorized to issue a "Mere License" for the installation of
an awning in the City right of way at 220 Franklin Street
subject to the conditions listed above to Mr. James Hurliman,
owner of the Basement Bar and Restaurant.
PASSED.
AYES-12, NOES-0
NO. 25
LARIVIERE DRIVE;
ENCROACHMENT IN
RIGHT OF WAY
The Buffalo Urban Renewal Agency has requested
permission from the Department of Public Works to install a
conduit and storm sewer within city right of way on LaRiviere
Drive.
The location of the conduit and storm sewer is at the cul
de sac at the west end of the street and will provide lighting
and drainage for the newly installed parking lot.
The Department of Public Works has reviewed this request
pursuant to Chapter 413-67 (Encroachment Regulations) of
the City Ordinances and has no objection to Your Honorable
Body authorizing the Commissioner of Public Works to issue
a "Mere License" for said installation provided the following
conditions are met:
1. That the applicant obtain any and all other City of
Buffalo permits necessary for 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.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CITY PLANNING BOARD.
Page 18
98-1104.txt
NO. 26
115 WOLTZ
HANDICAP RAMP WITHIN CITY
RIGHT OF WAY
Mr. Harry Watkins of Summit Construction, acting as agent
for the Ulinski Community Center, located at 115 Woltz
Avenue, has requested permission to install a handicap
ramp which would encroach city right of way at said address.
The proposed ramp would measure 40 feet in length and
project a maximum of 4 feet from the building face into City
right of way.
The Department of Public Works has reviewed Mr.
Watkin's request pursuant to Chapter 413-59.1
(Handicapped Access Ramps) of the City Ordinances and
has no objection to Your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for
said installation provided the following conditions are met:
1. That the applicant obtain any and all other City of
Buffalo permits necessary for installation.
2. That the ramp be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3. That the ramp be constructed so as not to be permanent
in nature.
4. That the applicant supply the Department of Public
Works with a $5,000 construction in street bond or certificate
of insurance which will indemnify and save harmless the City
of Buffalo against any and all loss and damage arising out of
the construction, maintenance, use and removal of said
ramp.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 28, 1998, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to issue a "mere license" to Mr. Harry Watkins
of Summit Construction, acting as agent for the Ulinski
Community Center, Iocated at 115 Woltz Avenue, to install a
handicap ramp, 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. 27
STRANDED COST OBLIGATION
Pursuant to FERC Order No. 888, as amended by Order
Nos. 888-A and 888-B (collectively referred to as ("Orders
888"), the City of Buffalo ("City") requests Niagara Mohawk
Power Corporation ("NMPC") to provide its estimate of the
City's Stranded Cost Obligation ("SCO") for all NMPC retail
electric customers within the City's limits based on the
revenues lost formula set forth therein. This request should
not be construed as the City's agreement that any SCO
exists or that the City is required to pay same.
As you know, the City is currently served by NMPC at
retail. Buffalo has been considering the formation of a
municipal electric utility since the early 1980's. The most
recent activity in this area has led to the creation of a
Subcommittee of the City Council to look into the pros and
cons of such an endeavor. On a parallel track, the
administration has retained a consulting firm to provide an
Page 19
98-1104.txt
objective and detailed review of all of the City's options with
respect to reducing the electric costs for its residents and
businesses, as well as its own accounts, including full and
partial municipalization.
For purposes of this request, please assume that the City
implements municipalization as of January 1, 2000. On and
after that date, the City anticipates purchasing electricity
directly from an alternative supplier that could include NMPC
or its subsidiary.
The City requests NMPC to provide sufficient information
so that a complete evaluation of the reasonableness of the
SCO can be undertaken. For example, the City requests
NMPC to provide the last three years of total revenues
("RSE" in the FERC formula) collected by NMPC from retail
customers within the City limits, along with a forecast of
future revenues from the City over whatever time period
NMPC expects it would continue to serve the City
("expectation period" or L in the FERC formula). Set forth
all avoided cost and transmission credits.
Identify the amount of generating capacity that was used
over the past three years to serve the City. Also provide an
estimate of the generating capacity needed to serve the
anticipated needs of the City over the "expectation period."
Provide the Competitive Market Value Estimate ("CMVE")
component of the FERC formula in as much detail as
applicable non-disclosure agreements afford. Where the
data is claimed to be confidential or trade secret and not
covered by the non-disclosure agreement, then provide a
hypothetical set of data and show how it was used in the
calculation.
Provide NMPC justification of the expectation period or `U
in the FERC formula.
Provide the answers to 1 thru 4 under two scenarios: (a) if
the City implements municipalization, physically disconnects
from NMPC's system and does not use NMPC'S
transmission facilities as compared to V using NMPC's
transmission facilities to import its energy requirements from
an alternative supplier.
The City wishes to receive this information as quickly as
possible, but in no event longer than 30 day maximum
allowed in order 888.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION OF ELECTRICAL SERVICES.
NO. 28
CITY OF BUFFALO TRAFFIC SAFETY
EDUCATIONAL PROGRAM
The City of Buffalo has applied for and been offered a
grant from the New York State Governor's Traffic Safety
Committee. This grant is in the amount of $65,000.00. With
this grant the City would enter into contract agreement with a
project director who would coordinate the City of Buffalo
Traffic Safety Educational Program. The grant will
reimburse the City for the director's cost, along with
$1,685.00 reimbursement for supplies, postage, travel,
materials & helmets.
I respectfully request Your Honorable Body's authorization
to accept this grant from the State and to enter into
agreement with Ms. Francina Cartonia, 199 Virgil Ave.,
Buffalo, NY 14216, to provide the services of the project
director at a base cost of $46,900.00 plus 35% fringe
benefits. The director's salary will be reimbursed by the
State under the terms of the grant. Mrs. Cartonia was
Page 20
98-1104.txt
chosen as the director because of her prior experience
working on similar projects, and as director of these grants
for 6 years. She was also the developer of the grant
proposal and shepherd of its approval by the State.
We also respectfully request that Your Honorable Body
authorize the comptroller to provide an interfund cash loan in
the amount of the grant. The loan would be repaid as
reimbursements are received from the State of New York.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 28 1998, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to accept a grant from the New York State
Governor's Traffic Safety Committee to coordinate the City's
Traffic Safety Education Program in the amount of
$65,000.00 and to enter into an agreement with Ms.
Francina Cartonia, 199 Virgil Avenue, Buffalo, to provide the
services of the project director at a base cost of $46,900.00
plus 35% fringe benefits. The Comptroller be and he hereby
is authorized to provide an interfund cash loan in the amount
of the grant. The loan would be repaid as reimbursements
are received from the State of New York.
Passed
AYES-12, NOES-0
NO. 29
APPROVAL TO SUBMIT A SUPPLEMENTAL FOR
PAYMENT OF A SUM EQUAL TO THE DIFFERENCE
BETWEEN WAGES AND COMPENSATION BENEFITS
Mr. Ronald Balus, Caulker (Permanent) in the Division of
Water was on disability from 7/6/98 to 8/27/98 and 9/22/98 to
the present. Pursuant to the City Ordinance, Chapter 35,
Article VI, Section 22, each employee is entitled to a
difference in pay allowance under the provisions of the
Worker's Compensation Law for a period not to exceed 6
months.
Therefore, Mr. Balus is entitled to a difference in pay. The
normal salary for 10 days is $1,110.65 (based on the daily
rate of $111.065). Less deductions for Federal Tax $124.40,
State Tax $41.13, FICA/Med. - $84.96 and New York State
Retirement Contribution $33.32 for a total deductions of
$283.81. The payment from the Compensation Carrier is
$800.00 bi-weekly making the difference due the employee
of $26.84.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 26, 1998 be received and filed;
and
That the Comptroller be, and he hereby is authorized to
pay Ronald Balus, Caulker in the Division of Water in the
amount of $26.84 bi-weekly for difference in pay allowance
under the provisions of the Workers' Compensation Law
from 7/6/98 to 8/27/98 and 9/22/98 to the present for a
period not to exceed six months.
Passed
AYES-12, NOES-0
NO. 30
APPROVAL TO SUBMIT A SUPPLEMENTAL FOR
PAYMENT OF A SUM EQUAL TO THE DIFFERENCE
BETWEEN WAGES AND COMPENSATION BENEFITS
Mr. Michael Canfield, Caulker Supervisor (Permanent) in
Page 21
98-1104.txt
the Division of Water has been on disability since 9/1/98 to
the present. Pursuant to the City Ordinance, Chapter 35,
Article VI, Section 22, each employee is entitled to a
difference in pay allowance under the provisions of the
Worker's Compensation Law for a period not to exceed 6
months.
Therefore, Mr. Canfield is entitled to a difference in pay.
The normal salary for 10 drays is $1,282.49 (based on the
daily rate of $128.249). Less deductions for Federal Tax
$155.17, State Tax - $52.90, FICA/Med. - $98.11 for a total
deductions of $3C6.18, The payment from the
Compensation Carrier is $800.00 bi-weekly making the
difference due the employee of $176.31.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 26, 1998 be received and filed;
and
That the Comptroller be, and he hereby is authorized to
pay Mchael Canfield, Caulker Supervisor in the Division of
Water in the amount of $176.31 bi-weekly for difference in
pay allowance under the provisions of the Workers'
Compensation Law from 9/1/98 to the present for a period
not to exceed six months.
Passed
AYES-12, NOES-0
NO. 31
APPROVAL TO SUBMIT A SUPPLEMENTAL FOR
PAYMENT OF A SUM EQUAL TO THE DIFFERENCE
BETWEEN WAGES AND COMPENSATION BENEFITS
Mr. Alfred Grassia, Painter (Permanent) in the Division of
Water has been on disability since 9/16/98 to the present.
Pursuant to the City Ordinance, Chapter 35, Article VI,
Section 22, each employee is entitled to a difference in pay
allowance under the provisions of the Worker's
Compensation Law for a period not to exceed 6 months.
Therefore, Mr. Grassia is entitled to a difference in pay.
The normal salary for 10 days is $1,173.67 (based on a daily
rate of $117.367). Less deductions for Federal Tax $108.6V,
State Tax - $38.82, FICA/Med. - $89.75 and New York State
Retirement Contribution $35.21 for a total deductions of
$272.45. The payment from the Compensation Carrier is
$800.00 biweekly making the difference due the employee of
$101.22.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated October 26, 1998 be received and filed;
and
That the Comptroller be, and he hereby is authorized to
pay Alfred Grassia, Painter in the Division of Water in the
amount of $101.22 bi-weekly for difference in pay allowance
under the provisions of the Workers' Compensation Law
from 9/16/98 to the present for a period not to exceed six
months.
Passed
AYES-12, NOES-0
NO 32
CERTIFICATE OF- APPOINTMENT
Appointment Effective: October 20, 1998 in the
Department of Public Works, Division of Engineering to the
Position of Assistant Superintendent of Street Repair
Permanent, Appointment, at the Maximum, Starting Salary
Page 22
98-1104.txt
of $33,576
Joseph Hussar Jr., 20 Amber St., Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 33
CERTIFICATE OF APPOINTMENT
Appointment Effective October 20, 1998, in the
Department of Public Works, Division of Engineering, to the
Position of Street Repair Supervisor, Permanent, Re-
Instatement at the Maximum, Starting Salary $30,633
Emanuel Bonadonna, 57 Wiley Place, Buffalo, NY 14207
REFERRED TO THE COMMITTEEON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 34
CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00108491 C2-98-0066 $ 1,346.40
8155-00108479 C2-98-0075 581.40
8155-00108484 C2-98-0076 1,063.20
8155-00108490 C2-98-0085 643.20
TOTAL DEPOSIT $ 3,634.20
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration. (DEA).
The checks were received by this Department and duly
deposited in the Trust & Agency Account, #610-200-217-00-
300.
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
NO. 35
KARPELES MUSEUM APPEAL OF
DENIAL OF SIGNED APPROVAL BY
PRESERVATION BOARD
Before the Council the Karpeles Museum's appeal of the
denial of this application to place maroon plastic signage on
the exterior of their building.
Under the City of Buffalo Code Section 337-16 Certificates
of Approval from the Preservation Board are required when
constructing, altering, removing or demolishing any
improvement or structure which is a landmark, or is located
in a historic district, when such action will effect the exterior
of such property.
The Code does include the exterior of the property to
include architectural style, design, general arrangement and
components of the outer surfaces which do include signs by
statute (see Section 337-2 of the City of Buffalo Code). In
conclusion, signage is something that the Preservation
Board does review and either approve or reject pursuant to
their authority.
The Council sits as an appellate board pursuant to Buffalo
City Code Section 337-26. The legislation sets the matter
down for a public hearing. After the hearing of the parties,
the Committee shall recommend to the Common Council the
action to be taken whether to affirm, reverse, modify or
amend the decision of the Preservation Board. Such
decision is to be made within 60 days of the filing of the
appeal, which was on or about October l5th, 1998.
If there is any judicial review of this decision, it would focus
on whether or not the decision of the Preservation Board or
Page 23
98-1104.txt
the Council was arbitrary and capricious. The Courts have
upheld restrictions on fixtures of landmarks as long as the
restrictions do not preclude the owner from the use of his
premises, and thus constitute a taking of the property. (See
Manhattan Club v. Landmark Preservation Commission, 51
MISC. 2nd 556.)
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 36
ELIMINATION OF USER FEE FOR CENTRAL
TERMINAL
ITEM NO. 157, C.C.P., 10/20/98
You requested a response from the Law Department
regarding the legality of abating or waiving the $78,242.66
solid waste user fee charged to the Central Terminal
Restoration Corporation for services rendered to 495
Paderewski Drive, the former New York Central Terminal.
That amount arises from over two years arrears on that
property, late fees and interest.
New York Constitution Art. V111, 1, prohibits gifts of
public funds to individuals or private corporations or
associations. Waiving a fee would constitute an
unconstitutional gift, unless the public expenditure is made
primarily for a public purpose (such as the City absorbing the
costs of solid waste collection from City-owned facilities).
The expenditure must serve a valid public purpose in order
to not violate this constitutional restriction. If the purpose is
primarily a private benefit to the recipient, then it would
constitute an illegal gift of public funds.
The Enterprise Fund for Refuse and Recycling is directly
based on the City's fixed and variable costs of providing solid
waste collection services to the users of the system. The
Enterprise Fund was intended to be self-supporting. If one
property owner's bill was discounted, the Enterprise Fund
(and ultimately the other property owners) would have to
absorb that cost. Waiving the fee to this non profit entity
may set a precedent that like entities may use to seek similar
relief, further depleting the revenue sources for the
Enterprise Fund. That precedent may also lead to equal
protection challenges when a like entity is denied a waiver.
As a commercial property under the City Charter and
Garbage, Rubbish and Refuse Chapter of the City Code, the
Central Terminal Restoration Corporation had the obligation
to provide for the lawful collection and disposal of the Central
Terminal's waste, either by the City or by contract with a
licensed private solid waste collector. Charter 293.3(C).
As sought in the second resolved clause of the Council
resolution, the Central Terminal Restoration Corporation
must declare to the City what entity will be collecting its
waste.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 37
ROTARY RINK OPERATING AGREEMENT
Attached for your approval, please find a copy of an
agreement to allow Buffalo Place, Inc. to operate and
manage the Rotary Rink skating facility from November 1,
1998 through October 31, 1999 for the sum of $26,000.00.
This will allow the Rink to be open for use by the general
public on November 1, 1998.
Mrs. LoTempio moved:
Page 24
98-1104.txt
That the above communication from the Corporation
Counsel dated October 27, 1998, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into
an agreement with Buffalo Place, Inc., to operate the Rotary
Rink located in Fountain Plaza, from November 1, 1998
through October 31, 1999 for the sum of $26,000.00.
Passed.
AYES-12, NOES-0
NO. 38
TAX EXEMPTION FOR PERSONS WITH DISABILITIES
AND LIMITED INCOMES
ITEM NO. 29, C.C.P., 3/31/98
ITEM NO. 101, C.C.P., 6/9/98
You requested the Law Department prepare a local law for
the Common Council's consideration which would allow a tax
exemption for persons with disabilities and limited incomes
in the city as provided by Section 459-c of the Real Property
Tax Law. Such a local law has been prepared and filed with
the City Clerk.
Prior to the adoption of this local law, a public hearing is
required. Item No. 101, C.C.P., 6/9/98 has already
authorized the City Clerk to publish notice for this local law.
A copy of such law must be filed with the State Board of
Real Property Services and the Commissioner of
Assessment upon enactment.
When considering the local law, the Council should bear in
mind that Section 459-c gave the Council the discretion to
determine certain aspects of the local law. The version filed
with the City Clerk may be amended in certain respects as
follows:
(a) The maximum income eligibility level (represented by
M in the local law) may be set at a figure between no less
than three thousand dollars ($3,000) nor more than eighteen
thousand five hundred dollars ($18,500). ( The local law
makes M $18,500, the maximum presently allowed by state
law, the same figure for the senior exemption.)
(b) When calculating the maximum income eligibility level
for an individual, their income may be offset by all medical
and prescription drug expenses actually paid by the property
owner which were not reimbursed or paid for by insurance.
(The local law allows for this income offset)
(c) Title to that portion of real property owned by a
cooperative apartment corporation in which a tenant-
stockholder of such corporation resides, and which is
represented by his share or shares of stock in such
corporation as determined by its or their proportional
relationship to the total outstanding stock of the corporation,
including that owned by the corporation, may be deemed to
be vested in such tenant-stockholder. {Are local law vests
title in the tenant stockholder. )
It is within the Council's discretion to request the Law
Department to prepare a new local law amending or
removing these provisions of the law. The version currently
before you reflects the most generous version possible.
The Council should also be aware that this exemption
cannot be utilized in conjunction with the senior citizen's tax
exemption. If someone's circumstances make it possible for
them to qualify for both, they can only apply for one of the
Page 25
98-1104.txt
tax exemptions for a parcel of property.
RECEIVED AND FILED
NO. 39
RESULTS BUILDING INSPECTOR EXAM
ITEM NO. 199, C.C.P., 10/6/98
You requested a response from the Law Department
regarding the results of the recent Building Inspector Exam.
The position of Building Inspector is in the competitive class
of the civil service. Appointment and promotion from
eligibility lists is governed by Section 61(l) of the New York
State Civil Service Law which states that:
Appointment or promotion from an eligible list to a position
in the competitive class shall be made by the selection of
one of the three persons certified by the appropriate civil
service commission as standing highest on such eligible list
who are willing to accept such appointment or promotion...
The affirmative action requirements for this position are set
forth on pages 13, 15-16, 21, 24, 26 of the City's Affirmative
Action Policy and at page 8 of the Job Group Analysis.
Those requirements include policy postings, setting goals,
job postings, recruiting, and advertising for identified
positions or categories, e.g. Technicians (Building
Inspectors).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 40
MONTHLY REPORT OF LICENSES ISSUED IN
JULY, AUGUST AND SEPTEMBER 1998
I am respectfully submitting the enclosed report of licenses
issued in the months of July, August and September 1998 by
the Division of Inspections, Licenses and Permits.
RECEIVED AND FILED
NO. 41
PROPOSED AMENDMENT TO THE "COBBLESTONE"
LOCAL HISTORIC PRESERVATION DISTRICT
DESIGNATION
At its regular meeting October 22, 1998, the Buffalo
Preservation Board, having conducted a public hearing on
July 16, 1998, as required by the Preservation Standards of
the Buffalo Code, recommended designation of the
proposed amendment to the "Cobblestone" Historic
Preservation District, which is a local historic district.
The proposed extension includes the slip where the
National Historic Landmark fireboat "Edward M. Cotter" is
currently docked. The fireboat itself is not being nominated
for local landmark status. The former Engine #20 firehouse
(1956) on Ohio Street is considered part of the extended
district as a non-contributing building. The firehouse is
currently used by the fire department's arson investigation
unit.
According to the Division of Real Estate Property Tax
Services, City of Buffalo, County of Erie Tax Map 122.05 (c.
1981, rev. 1992) city property around the segment of Ohio
Street located west of Michigan Avenue is bounded as
follows:
Page 26
98-1104.txt
From the west line of Michigan Avenue;
97.95 west along the north line of Ohio Street;
93.601 southwest to a point on a line perpendicular to the
Buffalo River;
150.271 south from aforementioned point to the Buffalo
River
185.551 east along Buffalo River to the west line of
Michigan Avenue.
According to the map cited above, the land abutting the
proposed district boundaries NORTH and WEST of the
segment of Ohio Street located west of Michigan Avenue is
the property of the NFTA.
This recommendation is the result of findings contained in
a report prepared by the Board's Landmark Designation
Committee. A copy of the Committee's report and the
Application for Designation of Historic District/Photos are
enclosed for your information. (refer to Attachment 1 & 2).
The Preservation Board determined that this amendment to
the locally designated district meets the following criteria
specified in the Code for Designation of Landmarks and
Districts:
a) the district has character, interest or value as part of the
development and heritage of the City of Buffalo;
b) the pavement material prevalent in the district has been
designated as significant by the Buffalo Preservation Board
on April 27, 1994. Pursuant to Article III, Sections 337-9
through 12, of the Preservation Standards, the Committee
on Legislation shall hold a public hearing on this item and
report back to the Common Council with a recommendation
on its findings.
For your information, the owner(s)of properties to be
included in the locally designated Cobblestone Historic
District are not opposed to their inclusion, (refer to
attachment 3). The owner(s) of record are:
Joseph N.Giambra, Commissioner, (representing the City of
Buffalo), Department of Public Works, 502 City Hall Buffalo,
NY 14202
For the record, the vote by the Preservation Board on this
item was as follows:
AYES:Caley, Guerra, Gurney, Kimberly, Laping, Lydon,
Masters, McCartney
NAYES: None
ABSENT:
Motion carried.
The application was prepared by Industrial Research
Associates, and submitted by: The Preservation Coalition of
Erie County c/o Timothy Tielman, 49 Illinois Street Buffalo,
NY 14203
If you have any Questions, please contact Thomas W.
Marchese, Board Secretary, at extension 5029.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 42
NIAGARA, MASTEN & DELAWARE
DISTRICT TREE PLANTING
I hereby request permission to take bids for the above
project; and have asked for and received the following bids
for Niagara, Masten & Delaware District tree planting on
October 29, 1998:
COMPANY BID
Page 27
98-1104.txt
Village Green Landscape $11,680
Gleason's Nursery 12,075
Johnstone Landscaping 17,840
I hereby certify that the foregoing is a true & correct
statement of the bids received. We are accepting the low
base bid of $11,680. Therefore, Village Green Landscape,
P.O. Box 522, Hamburg, New York is the lowest responsible
bidder in accordance with the plans & specifications:
I recommend that Your Honorable Body authorize the City
to order the work on the basis of the low bid. Funds for this
work are available in Bond Fund Account 202-717-001.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated October 29, 1998, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to award a contract for Niagara,
Masten & Delaware District Tree Planting, to Village Green
Landscape, the lowest responsible bidder, in the amount of
$11,680. Funds for the project are available in Bond Fund
Account 202-717-001.
Passed.
AYES-12, NOES-0
NO. 43
NORTH AND SOUTH DISTRICT
TREE PLANTING
I hereby request permission to take bids for the above
project; and have asked for and received the following bids
for North & South District tree Planting on October 29, 1998:
COMPANY BID
Village Green Landscape $ 6,487
Gleason's Nursery 7,397
Johnstone Landscaping 9,845
I hereby certify that the foregoing is a true & correct
statement of the bids received. We are accepting the low
base bid of $6,487. Therefore, Village Green Landscape,
P.O. Box 522, Hamburg, New York is the lowest responsible
bidder in accordance with the plans & specifications:
I recommend that Your Honorable Body authorize the City
to order the work on the basis of the low bid. Funds for this
work are available in Bond Fund Account 202-717-001.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated October 29, 1998, be
received and filed; and
That the Commissioner of Community Development be,
and he hereby is authorized to award a contract for North
and South District Tree Planting, to Village Green
Landscape, the lowest responsible bidder, in the amount of
$6,487. Funds for the project are available in Bond Fund
Account 202-717-001.
Passed.
AYES-12, NOES-0
NO. 44
CITY EMPLOYEES OR RELATIVE(S) OF CITY
EMPLOYEE RECEIVING REHAB. LOAN OR NEW
HOUSING LOANS
Felicita Cintron
Page 28
98-1104.txt
158 Sidway St
Buffalo NY 14210
Ms. Cintron is a Teacher's Aide in the Board of Education. -
Rehab Loan Applicant
Enrique & Awilda Marrero
530 Busti Avenue
Buffalo NY 14201
Father-in-law, Enrique Marrero, Sr. - Board. of Education,
position not stated. - Rehab Loan Applicant
Jane R. Rouse
157 Grey Street
Buffalo New York 14211
Sister, Victoria Patterson, is a Secretary, Board of
Education, School #57. - Rehab Loan Applicant
Sandra Boyack
63 Groveland Avenue
Buffalo New York 14214-1 011
Mother, Dorothy Kreppel, is employed by the Board of
Education, accounting position. - Rehab Loan Applicant
Leonard & Kathryn Krucenski
485 Doat Street
Buffalo New York 14211
Mr. Krucenski's father, Leonard, is employed as a Teacher -
Board of Education. - Rehab Loan Applicant
Milton Jeffries
315 Davidson Street
Buffalo New York 14215
Mr. Jeffries is employed as an Officer for the Police
Department. - Rehab Loan Applicant
Flora Palumbo
470 Seventh Street
Buffalo New York 14201
Flora Palumbo is a school Crossing Guard. - Rehab Loan
Applicant
Ida Thomas
56 Southampton Street
Buffalo New York 14209
Ms. Thomas is Housing Programs Director at Ellicott District
Community Development, Inc. - Rehab Loan Applicant
Tammy Hiler
49 Timon Street
Buffalo New York 14211
Ms. Hiler is a secretary with BERC. New Housing Applicant
- Ellicott Mall New Housing.
RECEIVED AND FILED
NO. 45
HOME FUNDS
42 JOHNSON
I am respectfully requesting your approval for a total of
$21,500 of HOME funds to assist in the rehabilitation of this
2 unit building. The apartments will be rented to low-mod
income tenants. The loan terms will be 4% for 15 years.
The monthly payment will be $159.03.
The developers have met all criteria outlined; ie. current
City tax, County tax, and water bills; before-after appraisals;
copy of mortgage/deed; contractor's work write-up; H.O.M.E.
Rental Rehab application.
BUDGET
$20,000.00 Construction Budget
1,500.00 Soft costs
$21,500.00 TOTAL
Page 29
98-1104.txt
OWNER
Ms. Emma Callahan
42 Johnson Street
Buffalo, New York, 14212
The property is located on Johnson near Broadway. There
are two units in this project. The property is in close
proximity to the Habitat for Humanity project on Grey Street.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 46
INFORMATION ON REMOVAL OF ELMWOOD
VILLAGE GREEN PLAYGROUND
The removal of the Village Green playground was
requested by the Forever Elmwood Business Group. The
playground equipment is old and does not meet current
safety standards. We have installed a new playground
equipment at "Ripen with Us", two blocks away on Elmwood.
The Village Green Park has become a hangout for older
kids. We are working with Forever Elmwood Business
Group to find another use for the park area.
RECEIVED AND FILED
NO 47
258 LEMON STREET - TRACEY PETTIGREW
ITEM #168 - JULY 7, 1998
Please accept this correspondence in reference to Ms.
Tracey Pettigrew - 258 Lemon Street. The following is a
status report from the Department of Community
Development as of October 14. 1998, along with
recommendations to resolve the situation with Ms. Pettigrew.
1. A work write-up for the corrective contractual work on
Ms. Pettigrew's property has been completed since 6/15/98.
The work is estimated to cost $1,075, which will be in the
form of a grant for the corrective work.
2. Mr. Albert Howard has spoken with Ms. Pettigrew to
offer the assistance of our department to secure a contractor
to perform the work on her property. Ms. Pettigrew was to
identify a contractor of her choice to perform the work.
3. Several attempts were made by Mr. Howard to contact
Ms. Pettigrew to identify a contractor, Ms. Pettigrew informed
Mr. Howard that she was seeking two additional bids: (1)
Dwight Hill Home Improvement, and (2) Bynaum Brothers
Construction. Mr. Howard spoke to Dwight Hill and was told
that Ms. Pettigrew had not contacted Dwight Hill Home
Improvement for a bid.
4. Mr. Howard has been in contact with several family
members of Ms. Pettigrew in attempts to speak with Ms.
Pettigrew, to no avail. Several visits were made to 258
Lemon to speak with Ms. Pettigrew, to no avail. Mr. Howard
has left several messages and his business card from Ms.
Pettigrew to contact him. No response has been recorded
to-date.
5. Mr. Howard has contacted Councilmember Williams'
office to seek assistance in contracting Ms. Pettigrew to
have her identify a contractor. There has still been no
response from Ms. Pettigrew.
6. The current contractor, Bright Way Painting, is still
willing to do the repair work for $1,100, but there has still
been no response from Ms. Pettigrew.
7. On October 14, 1998, Angela Blue, from the
department, attempted to reach Ms. Pettigrew to request Ms.
Pettigrew to identify a contractor. Ms. Pettigrew was not
Page 30
98-1104.txt
available. A message was left with Ms. Pettigrew's mother
advising her to have Ms. Pettigrew contact our office
immediately. There has still been no contact from Ms.
Pettigrew.
Per Mr. Howard's recommendation, the department has
sent an official letter to Ms. Pettigrew informing her that if
she does not contact the department by November 15th,
then our financial and technical assistance will be withdrawn.
Furthermore, we will also recommend that Ms. Pettigrew
signs the original contract with Bright Way Painting or
provide our office with additional bids.
RECEIVED AND FILED
NO. 48
CITY DEMOLITION OF QUEEN-0 POP FACTORY
Pursuant to the Council Item requesting information
related to the demolition of the former Queen-0 pop site the
following information is being provided and is known to be
true:
1. A notice to proceed was given to the low bidding demo
contractor on October 15, 1998;
2. Demolition was initiated on or about 16 October, 1998;
3. Total cost for demolition , including cutting sewer and
water service is $26,000.00
4. Completion is anticipated on or about 30 October, 1998.
Please notify me should there be any further information
necessary to satisfy the request made by the Honorable
Body of the Common Council.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 49
CERTIFICATE OF APPOINTMENT
Appointment Effective October 26, 1998 in the Department
of Community Development Division of In Rem to the
Position of Real Estate Specialist, Permanent Appointment :
at the: Intermediate Starting Salary of. $ 41,337.
Elizabeth Britton, 1088 Delaware Avenue, Bflo, NY 14209
Fred Heinle, 80 Trinity Place, Buffalo, NY 14201
REFERRED TO THE COMMITTEEON CIVIL SERVICE
FROM THE COMMISSIONER OF STREET SANITATION
NO. 50
RESOLUTION #177
COMMERCIAL WASTE PICK-UP
As per Resolution #177, Commercial Waste Pick-Up, the
following reports have been enclosed:
1. A list of companies that currently have a private contract
for the collection of refuse and recycling.
2. A list of businesses that are more than six months
delinquent in their user fee.
3. A list of commercial contracts that the City currently has.
4. A copy of the Malcolm Pirnie Report which comments
Page 31
98-1104.txt
regarding the development of commercial rate structure. In
addition, it should be noted that the commercial rates have
increased due to the reduction of square footage numbers
for commercial accounts. The decrease is due to two (2)
factors:
1. A decrease in the number of commercial accounts; and
2. The adjustment of accounts originally containing
100,000 square feet. As you may remember, when the user
fee was first established, if a property's square footage was
unknown, a default setting of 100,000 square feet was used
to calculate a rate for that property. This was used under the
assumption that the property owner would recognize this as
being in error and contact our Department to correct this.
We have done this to the vast majority or properties that are
currently billed under the user fee program. There are still
some properties that have the 100,000 square foot
designation that we will continue to correct as requests for
adjustments are made.
If you should have any further questions, please contact
our office. Thank you for your attention to this matter
REFERRED TO THE COMMITTEE ON BUDGET
NO. 51
GARBAGE DISTRICT PLAN
Attached please find a letter sent by the Department of
Street Sanitation on the Garbage District Plan.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 52
CERTIFICATE OF APPOINTMENT
Appointment Effective October 26, 1998 in the Department
of Street Sanitation to the Position of Fleet Coordinator
Permanent Promotion at the Maximum Starting Salary or:
$36,071
Thomas Laudico, 22 Delaney Street, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 53
AWARDING OF CONTRACT -
REASSESSMENT PROJECT
ITEM #19, 9/8/98
This administration fully supports the hiring of GAR
Associates as consultant for the city-wide reassessment.
We feel strongly that a citywide reassessment will restore
equity in both the homestead and non-homestead classes of
property. We are also mindful of, and will be examining the
need to continue to adjust the relative contributions of each
class the base proportions - to the total property tax levy.
While we believe that the likely result of citywide
reassessment will be lower assessed values for many city
properties, we also believe that there is the possibility of
higher assessed values, particularly in the commercial class.
And while we have as our firm goal the need to reduce taxes
for all City property owners, we also know there is a need to
provide high quality, consistent services for those property
owners.
Thus, we will develop a plan that, taking into account the
Page 32
98-1104.txt
new assessed valuations produced by the consultant's work
and beginning with the estimates that are the first phase of
his work, reduces the total tax levy every year for five years.
This plan will necessitate hard work on the part of all of us,
for we must agree on the manner in which our expenses will
be reduced. It will also allow us to plan over a longer time
horizon; we will thus have the lead time we need to actually
make change that will 6 C stick" at the same time we make
sure that our property owners get consistently good services.
Once GAR Associates has completed the first phase of
their work-their estimate of the changes in assessed value
that will result-we can begin to put together in detail the plan
described above.
We ask your Honorable Body to approve the item so that
we may proceed with our work.
I would be happy to answer any questions you might have.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 54
L L. INTRO. 4, BD. OF PKG.
ITEM #14, 5/21/98
The administration is currently working with the Law
Department to prepare a revised version of this Local Law;
we would appreciate your Honorable Body holding on any
further action until we can file the revised version.
I hope this answers your questions.
RECEIVED AND FILED
NO. 55
PREVENTION OF CABLE TV THEFT
ITEM NO. 165; C.C.P., 10120/98
You have asked whether the Bureau of Administrative
Adjudication should be responsible for enforcing theft of
services claims made by Cable TV providers. The Bureau
does not have the subject matter jurisdiction to hear or
determine violations of the New York State Penal Law. The
enabling legislation only gives the Bureau authority to
administratively adjudicate '(city) code and ordinance
violations regarding conditions which constitute a threat or
danger to the public health, safety, or welfare."
The elements of, and penalties for, theft of Cable TV
services are specifically enumerated in the New York State
Penal Law, that is, Section 165.15 subdivision 4. Theft of
cable TV services is a class A misdemeanor, or a violation in
certain cases involving theft of services valued under $100.
Power to hear and determine such cases lies solely within
the jurisdiction of the courts.
Even if the Bureau was granted jurisdiction to adjudicate
theft of cable services, a number of practical problems would
ensue. For example, the Bureau cannot issue or adjudicate
summonses unless such summonses are issued by a duly
qualified city employee and based upon their observations,
or those of an eyewitness. I know of no inspectors currently
possessing the technical expertise to write tickets relating to
cable TV or other telecommunications equipment.
Additionally, an essential element of most theft of service
charges is that the accused did not have the consent of the
supplier of the service. Proof of that element would require
the sworn testimony of the cable provider prior to the
issuance of the summons, and at any subsequent hearings.
If you have any questions, I would be glad to discuss this
Page 33
98-1104.txt
further.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 56
DELAWARE PK. CASINO LEASE
ITEM #11, C.C.P. OCTOBER 16, 1998
I HAVE BEEN ASKED TO COMMENT ON THE ABOVE
REFERENCED MATTER.
A response should be submitted from the Departments of
Public Works and Law. We have no comments or
recommendations since our Department was not a party to
the lease negotiations.
RECEIVED AND FILED.
NO. 57
RENTAL INCREASE SHOSHONE PARK POOL
APARTMENT
AND FRONT PARK BUILDING APARTMENT
In agreement with the Comptroller's Audit Report to increase
rent at the Parks Department building's apartments at
Shoshone and Front Parks, an examination of the utility
costs for the buildings was conducted and the expense to
the apartments costs pro-rated. The current rent per
apartment is $100 [utilities included].
The result of our examination is a two-phase
implementation: 1) To double the rent from $100. per month
to $200. per month, effective January 1, 1999. This increase
of $100.will offset the cost of utilities to the apartments. 2)
The utilities will be monitored for a year and the rent
reevaluated in October, 1999.
I am respect informing your Honorable Body of a rent
increase of $100. per month for the Shoshone Park
apartment and the Front Park apartment.
RECEIVED AND FILED.
NO. 58
POLICE OFFICER EXAMINATION JANUARY 9, 1999 -
SALARY: $34,057-$46,045 PER YEAR - APPLICATION
DEADLINE EXTENDED TO NOVEMBER 10, 1998.
The following qualifications will be required at time
of appointment:
A.Completion of 60 college credit hours from an
accredited college or
university.
OR
B.Two years of uninterrupted active military service.
OR
C.Six years of uninterrupted active reserve duty.
Age:Candidates who are 19 by January
9, 1999. Candidates must be 20
years of age at time of appointment.
License:Must possess and present a current
NYS Drivers License at time of
appointment
Residency:Must be a U.S. citizen and must be
Page 34
98-1104.txt
resident of Erie County or
contiguous to Erie County.
WHERE TO APPLY: Buffalo Municipal Civil Service
Commission, 1001 City Hall
Buffalo, New York 14202.
FILING PERIOD: September 2, 1998 - November 10,
1998.
APPLICATION FEE: $25.00 application fee is
required. Waivers available to candidates on
Unemployment,
Supplemental Social Security payments, or Public
Assistance.
THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY
EMPLOYER
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
NO. 59
CERTIFICATE OF APPOINTMENT
Appointment Effective October 26, 1998 in the Department
of General Services, Division of Purchase, to the position of
Senior Account Clerk-Typist, Temporary Promotion at the
Intermediate Salary of $ 24,782.00
Jeanette Ruperti, 31 Mariemont Ave, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 60
CERTIFICATE OF APPOINTMENT
Appointment Effective October 29, 1998 in the Department
of General Services, Division of Purchase, to the position of
Senior Clerk, Permanent, at the Intermediate Salary of
$23,830.
Sandra Soldi, 336 Commonwealth, Buffalo, New York 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CIVIL SERVICE COMMISSION
NO. 61
RESULTS OF BUILDING INSPECTOR EXAM
ITEM#199, CCP 10/6/98
In response to your communication relative to the
above item, please be advised as follows:
As you are aware, the eligible list for the position of
Building Inspector was adopted by the Civil Service
Commission at its meeting of September 30, 1998. In
accordance with Civil Service Law and Rules, the non-
permanent incumbents of this position must either be
removed from said position or appointed from the eligible list,
if reachable, within 60 days of the adoption of the list.
However, there is no time limit as to when a
department must fill the positions. Provided the non-
permanent incumbents are displaced within the 60-day time
limit, the Commission cannot force a department to fill the
vacancies should the department choose to leave the
positions vacant. Our responsibility is to ensure that if
vacancies are filled, they are done so properly from among
the candidates who are certified for appointment by this
Commission. Which candidates are certified for appointment
is determined by the number of vacancies to be filled,
Page 35
98-1104.txt
candidates' willingness to accept appointment, and
candidates' successful completion of pre-employment
investigation and medical examination, if necessary. Final
selection for appointment from among the certified list of
eligibles is made by the appointing authority (department
head).
In regard to questions pertaining to the City's
affirmative action plan, we would defer to Donald 0. Allen,
Sr., Deputy Commissioner of the Department of Human
Services, who is the EEO/Affirmative Action Officer for the
City of Buffalo.
However, in viewing the Council's concerns
regarding minority hiring, it is our opinion that a crucial step
in identifying and obtaining a higher number of qualified
minority candidates would be to reinstate the position of
Minority Recruiter, whose primary responsibilities would
include compilation and distribution of information regarding
upcoming Civil Service exams to the minority community in
order to recruit the largest number of qualified minority
candidates possible.
Although the Commission employed a Minority
Recruiter for many years, the position was cut upon his
retirement in 1992. It is our firm belief that the City of Buffalo
would be well served by the Council having the position
restored in the Department of Human Services, which is now
responsible for the formulation and implementation of the
City's affirmative action plan. We would be more than willing
to assist the recruiter in any way possible.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 62
G. WHITFIELD - CHIEF FIRE ADMINISTRATORS' EXAM
ITEM #79, CCP 10/20/98
In response to your communication, please be
advised of the following:
At the Common Council meeting with the
Committee on Civil Service held on October 27, 1998,
Cornelius J. Keane, Commissioner of Fire, appeared and
indicated that he would be hiring Mr. Whitfield in the position
of Chief Fire Administrator.
I trust this satisfies your request.
RECEIVED AND FILED
FROM THE CITY CLERK
NO. 63
AUTO ALLOWANCE
The following departments have filed the required
certificate relative to the granting of automobile
transportation allowances for employees in their respective
departments:
Fire-Salvatore Colangelo
RECEIVED AND FILED.
NO. 64
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
2126 Seneca St. no name given William Wasinger
445 Delaware Ave. Mar Corp. Mar. Corp.
Page 36
98-1104.txt
RECEIVED AND FILED
NO. 65
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various
departments as listed:
Comptroller- Paul Bonvissuto
Public Works- Jeannette Ruperti
Police- Debra A. Hornberger, Vanessa Rowe, Darlene (no
last name given) , Patrick Pascall
Administration and Finance- Monique Sullivan, Alfred Marino
RECEIVED AND FILED.
NO. 66
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
City Planning Board
RECEIVED AND FILED.
NO. 67
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 10/21/98 in the Department of
Common Council, Division of Intern Program to the Position
of Intern IV, Seasonal, Non-Competitive, at the Flat Starting
Salary of $6.00
Edwin Padilla, ,303 Jersey, Buffalo, NY 14201
NO. 68
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me,
reporting seasonal and flat salary appointments made in
various departments.
RECEIVED AND FILED.
DEPARTMENT OF ASSESSMENT
Appointment Effective: October 15, 1998 in the
Department of Assessment, to the Position of Clerk,
Seasonal, Non-Competitive, at the Flat $5.20 / Hr.
Marlena N. Mathews, 243 Loring Avenue, Buffalo, NY 14214
DEPARTMENT OF STREET SANITATION
Appointment Effective 10/19/98 in the Department of
Street Sanitation, Seasonal Laborer II, at the Flat Starting
Salary of $6.92/hr.
Melvin Jemison, 80 7th Street, Apt. 304, Buffalo, NY 14201
DEPARTMENT OF HUMAN SERVICES, PARKS AND
RECREATION
Appointment Effective October 16, 1998 in the Department
of Human Services, Division of Recreation, to the position of
Fee Collector, Seasonal, Non-Competitive, at the flat starting
salary of $5.15/hr.
Kyle Johnson, 69 Naragansett, Buffalo 14220
Jim Wilkinson, 83 Philadelphia, Buffalo 14207
Appointment Effective Oct. 19, 1998 in the Department of
Human Services, Division of Recreation, to the position of
Fee Collector, Seasonal, Non-Competitive, at the flat starting
salary of $5.15/hr.
Page 37
98-1104.txt
James Chreahan, 96 Shenandoah, Buffalo 14220
Appointments Effective October 22, 1998 in the Department
of Human Services, Parks and Recreation, Division of
Recreation, to the position of Fee Collector, Seasonal, at the
starting Salary of $ 5.15/hr.
Lester Grieco, 51 Delsan St., Buffalo 14216
Victor Orlando, 232 Linden, Buffalo 14216
Appointments Effective November 2, 1998 in the Department
of Human Services, Parks and Recreation, Division of
Recreation to the position of Fee Collector, Seasonal, Non-
Competitive, at the flat starting salary of $5.15/hr.
Bridget Granville, 57 Hanson, Buffalo, NY 14220
Michael Wachowicz, 147 Barnard, Buffalo, NY 14206
Robert Kozak, 32 Gorski, Buffalo, NY 14206
Appointments Effective October 22, 1998 in the Department
of Human Services, Parks and Recreation, Division of
Recreation, to the position of Refrigeration Plant Engineer,
Seasonal, Non-Competitive, at the flat starting salary of
$6.91/hr.
Marc Mann, 35 Trowbridge, Buffalo, NY 14220
John Marchitte, 430 14th Street, Buffalo, NY 14220
Appointment Effective October 27, 1998 in the Department
of Human Services, Parks and Recreation, Division of
Recreation, to the position of Refrigeration Plant Engineer,
Seasonal, Non-Competitive, at the flat starting salary of
$6.91/hr.
Joseph Marchitte, 430 14th St, Buffalo, NY 14213
Appointment Effective November 2, 1998 in the Department
of Human Services, Parks and Recreation, to the position of
Laborer II, Seasonal, Non-Competitive, at the flat starting
salary of $6.92/hr.
Kenneth Pitts, 54 Decker, Buffalo, NY 14215
NO. 69
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ASSESSMENT
Appointment Effective October 28,1998 in the Department
of Assessment to the Position of Senior Tax Clerk
Permanent Appointment at the Minimum starting salary of
$24,551
Secret S. Thompson, 67 Madison Street, Buffalo, NY 14206
Kathleen M. Holy, 93 Duerstein, Buffalo, NY 14210
DEPARTMENT OF AUDIT AND CONTROL
Appointment Effective 11-09-98 in the Department of Audit
& Control in the Division of Data Processing to the Position
of Computer Programmer Temporary Appointment at the
Minimum starting salary of $33,411.
Jennifer Jowsey, 21 Arnold Street, Buffalo 14213
Appointment Effective October 21, 1998 In the Department
of Audit & Control, Division of Collections to the position of
Account Clerk Typist Permanent Appointment At the
minimum Starting Salary of $ 22,883
Lisa Marie Panaro, 255 Hartwell Road, Buffalo, NY 1421.6
DEPARTMENT OF PUBLIC WORKS
Page 38
98-1104.txt
Appointment Effective October 19, 1998 in the Department
of Public Works, Division of Buildings to the Position of
Heavy Equipment Operator Provisional Appointment at the
Minimum Starting Salary of $ 26,184
Robert M. Pikuzinski, 88 Hayden Street, Buffalo 14210
Appointment Effective: October 26, 1998 in the
Department of Public Works, Division of Water, to the
Position of Meter Reader, Provisional Appointment at the
Minimum Starting Salary of $24,226
Warren Galloway, 364 Norfolk Avenue, Buffalo, NY 14215
Appointment Effective October 26, 1998 in the Department
of Public Works, Division of Buildings to the Position of
Laborer II, Permanent Non-Competitive at the Minimum
Starting Salary of $ 10.45/hr
Alfonzo Harvin, 622 Goodyear Street, Buffalo 14208
Appointment Effective October 28, 1998, !n the
Department of Public Works, Division of Engineering to the
Position of Electrician Provisional Appointment at the
Minimum Starting Salary of $25,159
David R. Warden, 428 Herkimer St., Buffalo, NY 14213
DEPARTMENT OF POLICE
Appointment Effective October 26, 1998 in the Department
of: Police to the Position of: Motor Equipment Mechanic
Permanent Appointment at the Minimum Starting Salary of $
25,891
John A. Sheely, 57 Campbell, Buffalo, New York 14216
Appointment Effective: October 19, 1998 in the
Department of: Police to the Position of: Public Safe
Dispatcher Temporary Appointment at the Minimum Starting
Salary of $25,146
Pamela A. Zawistowski, 164 Alabama St, Buffalo, NY 14204
Appointment Effective 10/22/98 in the Department of
Police to the Position of Crossing Guard Temporary Non-
Competitive at the Minimum Starting Salary of $ 6.09/hr
Alicea Wirth, 7 Folger St., Buffalo, NY 14220
Elizabeth King, 337 Greene St., Buffalo, NY 14206
Appointment Effective 10/19/98 in the Department of
Police to the position of Crossing Guard Permanent Non-
Competitive at the Minimum Starting Salary of $ 6.09/hr
Jean O'Brien, 31 Marine Dr. Apt.10-G, Buffalo, NY 14202
Jody Zakowski, 70 Good Ave., Buffalo, NY 14220
Bernadette Rawles, 240 Olympic Ave.,Buffalo, NY 14215
Diane Amerson, 216 Olympic Ave., Buffalo, NY 14215
Appointment Effective: October 21, 1998 in the
Department of: Police to the Position of: Public Safety
Dispatcher Permanent Appointment at the Minimum Starting
Salary of $25,146
Sharon A. Welsh, 97 Pomona Place, Buffalo, NY 14210
DEPARTMENT OF STREET SANITATION
Appointment Effective October 26, 1998 in the Department
of Street Sanitation to the Position Truck Driver Temporary
Appointment at the Minimum starting SaIary of: $24,683
Michael J. Moran, 314 Ideal Street, Buffalo, NY 14206
Daryl Oliver, 673 Fulton Street, Buffalo, NY 14210
James J. LaBruna, 104 Elk Street, Buffalo, NY 14210
Gyrone McCoy, 202 Hamlin Road, Buffalo, NY 14208
Cruciano G. Monteleone, 122 Albany St., Buffalo, NY 14213
Jerry Rowe, 25 Ada Place, Buffalo, NY 14208
Reynaldo Santana, Jr., 312 Vermont St, Buffalo, NY 14213
Appointment Effective October 27, 1998 in the Department
of Street Sanitation to the Position of Truck Driver
Temporary Appointment at the Minimum Starting Salary of
$24,683
Page 39
98-1104.txt
Sam DeSabio, 62 Hartwell Road, Buffalo, NY 14216
DEPARTMENT OF CITY CLERK
Appointment Effective October 19, 1998 in the Department
of City Clerk to the Position of Laborer II Permanent
Promotion at the minimum Starting Salary of $10.45 per hr.
Willie Earle House, 547 LaSalle St., Buffalo, NY 14215
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 70
BUFFALO CHARTER REVISION COMMITTEE
MINUTES
Attached please find minutes from the Buffalo Charter
Revision Committee for the meetings of 10/22/98 and
10/29/98.
REFERRED TO THE COUNCIL PRESIDENT
NO. 71
INNER HARBOR PROJECT
STATUS REPORT
ITEM NO. 68 COM. 58 C.C.P. 5/27/97
This communication is intended to update the Common
Council on the status of the Buffalo Inner Harbor Project, as
requested by the Community Development Committee
pursuant to the Inner Harbor Funding Agreement between
the City of Buffalo, the Buffalo Urban Renewal Agency and
the Empire State Development Corporation.
Attached are copies of the Notice of Completion of the Draft
Environmental Impact Statement (DEIS) for the Buffalo Inner
Harbor Project, dated October 14, 1998, an Executive
Summary of the DEIS and a full copy of the DEIS. The DEIS
has been prepared in accordance with the NYS
Environmental Quality Review Act (SEQRA) and the
National Environmental Policy Act (NEPA). The DEIS
presents a study of the proposed alternate designs and
evaluation of the social, economic and environmental effects
upon the human environment. The draft Inner Harbor
Master Plan previously presented to the Common Council is
the preferred alternative for purposes of the DEIS.
A Public Hearing, pursuant to State Environmental Quality
Review Act (SEQRA) and national Environmental Policy Act
(NEPA) requirements has been scheduled for November 16,
1998 at 7:00 p.m. at the Erie Community College, Downtown
Campus, Main Auditorium. Written comments will be
accepted until 5:00 p.m. on December 11, 1998.
Included as part of the DEIS (Appendix I) is a draft Urban
Renewal Plan Amendment for the Inner Harbor area
(Waterfront Redevelopment Project No. NY R-35).
The DEIS and the associated Public Hearing are also
intended to serve as supporting documentation and public
hearing requirements for various permits and approvals that
will be required for construction of the proposed project, in
particular U.S. Army Corps' of Engineers and New York
State Department of Environmental Conservation permits
related to navigable waters and water quality. The City of
Buffalo Department of Public Works will be the applicant for
these permits.
Pursuant to Common Council Resolution No. 264, dated July
21, 1998, "Greening the Inner Harbor," the Inner Harbor
Project Team will prepare and file a tree preservation plan.
The tree preservation plan will be prepared as part of
detailed construction plans for the project, to be developed
Page 40
98-1104.txt
upon completion of the environmental review process.
The schedule for the Inner Harbor project anticipates a
Summer 1999 start of construction and completion by the
Summer of 2001.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 72
BERC/MWBE 1998 BUSINESS LOANS
ITEM NO. 263 COM. C.C.P. 9/08/98
As of October 14, 1998, 30% of all BERC loans closed in
1998 have been to M/WBE firms. These loans total
$185,000, generating total private financing of $946,583.
The combined 3 year job creation goal reported of all firms is
20 new jobs. The combined total of job retention for all firms
reporting is 16.5 jobs.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 73
BERC AUDIT & BUDGET
Attached please find information as requested at the
September 30, 1998 Community Development Committee
meeting regarding BERC Audit and Budget.
BERC Audit Period Endinz Mav 31,1997
A copy of the May 11, 1998 letter from the auditor as
referred to in the audit in attached (Attachment 1).
A summary report on the Buffalo Trade Development
Corporation is submitted (Attachment 2). The BTDC was
voted to be dissolved by the BTDC Board of Directors in July
1997. The BERC Board of Directors voted on the dissolution
in August 1997.
BERC Budget 1998 - 1999
The estimated revenues from principal and interest
payments scheduled to be made for the year reflects a
"discounted" amount. The "discounted" revenue estimate is
based on those loans in the loan portfolio that at the time of
making the revenue estimate were late or delinquent and
would most likely would continue to be delinquent or in
default and therefore not counted on as a revenue producer.
Other
A revised loan portfolio aging report as of September 30,
1998 is attached and reflects an over ninety (90) day
delinquency rate of 13.94% (Attachment 3).
Attached is a summary description of the "Grow Buffalo
Fund" (Attachment 4).
Also, submitted for information purposes is the
MIWBE/EAP Program (Attachment 5).
We believe that the above responds to the
questions/information requested by the Community
Development Committee.
Attachments
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 74
CSEA
CSEA-OPPOSE BMHA LAYOFFS
As a union member of CSEA Local 815, Public Safety
Officers, I am strongly opposed to any layoffs of Buffalo
Municipal Housing Authority employees. Any job cuts would
not only adversely affect these employees and their families,
but also the residents of the BMHA developments. I am
Page 41
98-1104.txt
asking you to intervene to stop any such attempt to eliminate
these employees from the Housing Authority.
RECEIVED AND FILED
NO. 75
A. GELMAN
RODENT CONTROL GELMAC 60 CHILDS
Please note that GeImac Quality Feeds, Inc. is switching
over to Orkin Pest Control as of November 1,1998,
You will receive monthly reports from their administrative
office manager.
RECEIVED AND FILED
NO. 76
R. LOTEMPIO
ALLENTOWN ARTS FESTIVAL-SPECIAL COMMITTEE
Attached please find the meeting minutes from the
Allentown Arts Festival Special Committee. Please file for
the November 4, 1998, Common Council meeting. Thank
you.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 77
E. LUTZ
APPEAL DEC.-PRES. BD.-453 PORTER
Enclosed please find documentation regarding our appeal
of the Buffalo Preservation Board's denial of The Karpeles
Manuscript Library Museum's application to install two
exterior signs. We have also included brochures with photos
that clearly show signs on our other museums, along with
renderings of our proposed signs that illustrate their
proportion to the facade of the building.
This particular issue is the last obstacle in the first phase of
our restoration that must be overcome before we can open
to the public. As we are sure you are well aware, the winter
season is fast approaching. The resolution of this matter in
a timely fashion will allow us the opportunity to share our
collection with the citizens of Western New York this fall,
instead of delaying our opening until a sign can be installed
in the spring.
On behalf of Mr. Karpeles, we would like to thank you for
your time and consideration in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 78
J. MONTAGUE
RESIGNATION - BUFFALO PRESERVATION BD.
Due to complications arising from scheduling difficulties, it
is necessary that I step down as a member of the Buffalo
Preservation Board. Having served in the architectural
historian's position on the board for several years, it is with
deep regret that I notify you of my resignation.
Since coming to Buffalo in 1984 1 have been an enthusiastic
supporter of the city's efforts to preserve its truly
extraordinary architectural heritage. My years on the board
have been very gratifying. I will continue to participate in the
city's various preservation efforts and I will assist the board
and the Mayor in finding a replacement as expeditiously as
possible.
RECEIVED AND FILED
NO. 79
NATIONAL FUEL
Page 42
98-1104.txt
PSC APPROVE PLAN FOR REDUCED GAS BILLS
Attached is a recent press release from the NYS Public
Service Commission outlining their approval of a plan for
National Fuel to reduce gas bills by $20.4 million over the
next two years. Both residential and commercial customers
will be impacted by this settlement.
Should you have any questions, please do not hesitate to
contact me at 716-857-7780.
REFERRED TO THE COMMITTEE. ON LEGISLATION
NO. 80
NIMO
COUNCIL OPPOSES EXIT FEES
(#200, C.C.P., OCTOBER 6, 1998)
Niagara Mohawk is requesting clarification of the
information requested in Resolution No. 200 - Council
Opposes Exit Fees. Exit fees and the Customer Transition
Charge are two different fees.
Exit fees are applicable to customer and locations in Niagara
Mohawk's service territory that are served under Public
Service Commission Schedules (PSC) No. 207 Electricity
and PSC No. 214 Electricity (all retail sales including street
lighting) on or after April 6, 1998, which thereafter receive
electric service which bypasses the Company's retail
distribution system by either connecting to another utility's
delivery system or through municipalization.
The Competitive Transition Charge (CTC) is one component
of the Company's retail distribution price. It is calculated as
the difference between the Company's total retail price
agreed to under the terms of PowerChoice and the
cumulative price of all other retail delivery services which
include commodity, distribution, transmission, and customer
service.
In order to respond to the Council's request, Niagara
Mohawk needs to know if the Council, on behalf of the
citizens of the City of Buffalo, is seeking quantification of the
CTC or the Exit Fee. Upon receipt of this clarification,
Niagara Mohawk will respond formally to the resolution.
REFERRED TO THE SPECIAL COMMITTEE ON
MUNICIPALIZATION OF ELECTRICAL SERVICES.
NO. 81
S. PARIS
REQ. HOMESTEAD PROP. - 14 PERSIA ST.
550 Doat St.
Buffalo, New York 14211
October 19, 1998
We are the owners of property located in the city of Buffalo
at 550 Doat St. Property listed at .14 Persia St. is adjacent to
our yard. We would like to homestead this property in order
to extend our yard and garage.
We thank you for any assistance you may be able
to give us in this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 82
367 DELAWARE - DROP IN CENTER
(#200, C.C.P., OCTOBER 6,1998)
As business owner and property owner on Delaware
Avenue, we are very much concerned about the conditions
Page 43
98-1104.txt
and the public's perception of those conditions in our area.
While both our store and our building are still successful
on Delaware Avenue, there is d growing concern that this
area is "not Safe." We recently had an attempted rape and
robbery next door to our building, and parked cars being
broken into on a weekly basis.
We are very much concerned about the proposed AIDS
drop in center and food pantry locating directly across the
street from our store. We feel that because a high
percentage of people who are infected with AIDS are drug
addicts, and where there are drug addicts, there is crime.
We do not Want to add to the problems this area already has
in terms of the public's perception of it being an unsafe area
to come, and surely this drop-in center/food pantry will have
that effect on our customers and on any potential tenants for
our building.
We are personally very supportive of research to find a
cure for this horrible disease. We feel, however, that
because of the high percentage of drug addicts such a
center would draw to our area, that we would like to see it at
a different location.
RECEIVED AND FILED
NO. 83
REV. R. STEWART
G. WHITFIELD-CHIEF FIRE ADM. EXAM
(#79, C.C.P., OCT. 20, 1998)
I am writing on behalf of Mr. Garnell Whitfield, Jr. one of
the members of this congregation, who currently serves as a
member of The Buffalo Fire Department.
He has been a member of The Fire Department for some
14 years.
Recently the position of Chief Fire Administrator was
scheduled to be filled. Proper announcements from the Civil
Service Commission were posted and an examination was
scheduled for May 8, 1998.
Mr. Whitfield applied for the position and took the
examination, making a score of 90, which placed him in the
number one position.
In the past, this was an "appointed" position, but since the
Civil Service Commission scheduled an examination for it,
we are requesting your assistance.
A qualified minority scored the highest, and is one of the
"bright stars" in our community. our prayer is that his
aspirations will not be destroyed.
I feel this to be an excellent opportunity for the City of
Buffalo to continue its' upward momentum towards bringing
minorities into City Government.
I thank you for your input in this matter, and If I can be of
assistance to you, feel free to call upon me.
RECEIVED AND FILED
PETITIONS
NO. 84
267 NORTH ST. ASSOC., OWNER, PETITION TO USE 267
NORTH STREET FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNIN-G BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 85
SHIP CANAL., OWNER, PETITION TO USE 9 CITY SHIP
Page 44
98-1104.txt
CANAL FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 86
PROCESS WELDING, OWNER, PETITION TO USE 667
TIFFT FOR AN OFFICE BLDG.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 87
ERIE CO. INDUSTRIAL, OWNER, PETITION TO USE 250
FRANKLIN FOR A HUMAN SERVICE FACILITY
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
REGULAR COMMITTEES
NO. 88
CLAIMS COMMITTEE REPORT
COMPROMISE AND SETTLEMENT OF
ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation
Counsel, the following actions for personal injury arising out
of alleged negligence on the part of the City, be
compromised and settled:
* I. Reginald Austin $750.00
* 2. Rashod Bishop $3,000.00
* 3. Christina M. Boland f/k/a Christina Anna $27,500.00
* 4. Lavada M. Davis and Willie Davis $7,500.00
* 5. Dinah K. Nfiller $27,000,00
* 6. Sharon Stern-Ostermayer $75,000.00
* 7. Mose Weary Jr. and Brenda Weary $2,500.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and
their attorneys, if any, hereinabove named, in the amounts
set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper
releases and closing papers.
Passed
AYES-12, NOES-0
NO. 89
PROPERTY DAMAGE
That upon the recommendation of the Corporation
Counsel, and the appropriate City Department, the flowing
actions and claims for damage to property caused by alleged
negligence on the part of the City be compromised and
settled:
B 1. Mchael Carter
Claim for damage to a 1997 Oldsmobile Cutlas on 6/1/98
while it was parked in front of 73 Freund Street. The vehicle
was damaged when one of the Street Sanitation lifters hit his
Page 45
98-1104.txt
vehicle with a garbage can. $484.06
B 2. Roy John Christ
Claim for damage to property at 267 Hampshire Street by
the Buffalo Police Department Narcotics Division on 4/18/98.
The Narcotics Division was acting on wrong information
given to them by an informant. $1,130.00
B 3. James W. Corpening
Claim for damage to at 1993 Chevrolet pickup truck on
4/l/98. The vehicle was impounded and the damage
occurred when the vehicle slipped out of the wheel lift when
it was being pulled into the driveway of the impound lot.
$1,160.54
B 4. Henry E. Frankhauser
Claim for cash that was misplaced or given to someone
else after his release from Police Headquarters. $85.69
B 5. Kelly Giuga
Claim for damage to a 1991 Ford pickup truck while it was
in the care, custody and control of the City at the Tonawanda
Street Impound Garage. In the course of positioning
vehicles in the building another vehicle was backed into it
causing damage. $1,200.00
B 6. Diane M. Lagenor
Claim for damage to a 1986 Buick LeSabre on 4/9/98 at 84
Thompson Street. Street Sanitation workers were lifting a
garbage bag over the vehicle when the bag split and the
contents and debris fell on the vehicle causing damage.
$234.58
B 7.Pasquale Liberti
Claim for eyeglasses damaged in the line of duty in the
Fire Department while responding to a fire at 935 Fillmore
Avenue. $162.00
B 8. Colleen A. Szymanski
Claim for the loss of six (6) garbage cans at 125 Selkirk
Street on 3/9/98 and 3/16/98. $70.00
B 9. Randall I. VanEvery
Claim for a tire that was damaged due to metal protruding
from the curb at 107 Carmel Road on 5/1/98. A hazardous
condition notice was filed with the City Clerk's office on
10/7/97. $44.70
B 10. Darren T. Woods
Claim for damage to a 1986 Isuzu Trooper while the
vehicle was at the Tonawanda Street Impound Garage. The
window was broken and the radio/stereo stolen by person(s)
unknown. $150.00
B 11. Niagara Street Bridge Overspray Claims
Claims for damage to vehicles at Niagara & Parrish due to
paint overspray from bridge painting by the Mayor's Impact
Team.
1. Allen, Beverly $432.00
2. Anderson, Burtrarn $259.20
3. Armstrong, Marina $270.00
4. Barkowski, Lynn $474.12
5. Coppola, Michael $ 88.02
Amica Mutual Insurance Company $261.00
6. Cortellucci, Robert V. $486.00
7. Fell, Lyle E. $416.88
8. Fretthold, John $354.24
9. Gardner, Steven E. $297.00
10. Herc, Kathleen A. $ 50.00
State Farm Mutual Insurance Company. $359.64
11. Hill, Gary A. $465.48
12. Howard, Suzanne M. $996.53
Page 46
98-1104.txt
13. Jones, Denise A. $160.39
14. Klemashevich, Frederick & Diane
By: New York Central Mutual Fire Insurance Company
$418.50
15. Leith, Jr., Delores & James $447.12
16. McCarthy, William $373.68
17. Naples, Danielle $442.80
18. Polito, Janine $367.20
19. Schultz, Patricia L. $266.71
20. Siembieda, Stanley $622.08
21. Stoddard, Paul T. $432.00
22. Zagara, Claudia J. $622.08
B 12. Walden Avenue Bridge Overspray Claims
Claims for damage to vehicles at 171 Walden Avenue due
to paint overspray from bridge painting by the Mayor's
Impact Team.
1. Brown, Michael J. $388.80
2. Halper, Gerhardt F. $388.80
3. Lucas, Frank F. $346.68
4. Murray, Donald B. $370.44
5. Nicoloff, Philip & Charmaine $370.00
6. Richter, Allan $178.09
7. Sulowski, Dorothy H. $309.96
8. Suy, Chhay $388.80
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and
their attorneys, if any, hereinabove named, in the amounts
set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper
releases where such releases are indicated.
Passed
AYES-12, NOES-0
NO. 90
MISCELLANEOUS INVOICE
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
C 1. Advance Security, Inc.
Claim for payment of prior fiscal year Invoices #275390
and #276795 for Security Guard services at the Erie Basin
Marina for June 1998. $ 5,369.34
C. 2. Pemell Carson
Claim for payment of prior fiscal year invoices to Mr.
Carson who was the project engineer in the University
District Volunteer Planting Project on the Minnesota Street
Island in June 1998. Mr. Carson produced receipts for the
items that were used for the planting project. $411.71
C 3. Crown Collision
Claim for payment of prior fiscal year Invoices #366 and
#716 for services rendered to the Police Department.
$734.00
C 4. Erie County Clerk's Office
Claim for payment of (10) ten prior fiscal year invoices for
services rendered to the Department of Law from 5/15/95
thru 4/8/98. $505.00
C 5. Experian
Claim for payment of prior fiscal year Invoice
#CD9020009332 of 5/29/98 for services rendered to the
Division of Parking Enforcement. $ 1,270.02
C 6. Huron Recovery of N.Y., Inc.
Claim for payment of prior fiscal year Invoice #6873 for
Page 47
98-1104.txt
services rendered to the Department of P/W Division of
Buildings for scrap tire removal for the month of June 1998.
$ 8,807.78
C 7. Intracorp
Claim for payment of prior fiscal year Invoice #WVO61343
for services rendered to the Fire Department. $21.60
C 8. Leveraged Energy Purchasing
Claim for payment of prior fiscal year Invoices #456 and
#491 for fuel gas purchase management for March and May
1998 for services rendered to P/W Division of Buildings.
$ 4,643.80
C 9. James R. McDonnell
Claim for payment of prior fiscal year Invoice #94-397-95-
263 for arbitration services rendered to the Police
Department. $600.00
C. 10 Medical Group of "Y
Claim for payment of prior fiscal year Invoice
#030498/JACKSON,V for services rendered to Firefighter
Vergie Jackson who injured his lower back in the line of duty.
$111.00
C 11. Modern Disposal Services, Inc.
Claim for payment of prior fiscal year Invoices #675619
and #677550 for services rendered to the Division of
Building. $1,718.10
C 12. Safety-Kleen
Claim for payment of prior fiscal year lnvoices #540018 and
#153823 for services renderedto the Division of Parking
Enforcement at the Seneca Street Police Garage. $419.48
C 13. State of New York Office of Fire Prevention &
Control
Claim for payment of a prior fiscal year invoice for an
Electrical Fire Cause course for Fire Investigator Dennis
Dixon from 11/17 to 11/21/97 and for an Emergency Medical
Services Seminar for Fire Lieutenant Garnell Smith on 3/21
& 3/22/98. $180.00
C 14. Mark J. Tartaro,
Claim for payment of a prior fiscal year invoice for services
rendered to the Police Department. $480.00
C 15. Times Appellate Printing, Inc.
Claim for payment of prior fiscal year Invoice #4213 for
services rendered to the Department of Law. $ 8,093.87
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
Passed
AYES-12, NOES-0
NO. 91
MISCELLANEOUS REFUND
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claim be paid:
D. 1. Dale A. McCollum
This is a claim for a refund of towing and one day storage
charges for a vehicle that was mistakenly taken to the
Tonawanda Impound Garage. Mr. McCollum was the victim
of a crime and his vehicle should have been taken to the
Seneca Street Police Garage for fingerprinting and evidence
check. Instead it was towed to Tonawanda and he was
Page 48
98-1104.txt
forced to pay the ($91) for the release of the vehicle a 1996
Chevrolet. $91.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
Passed
AYES-12, NOES-0
NO. 92
MISCELLANEOUS PAYROLL
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
E 1. William Dill
Claim for payment of a dog allowance claim to Fire
Lieutenant Dill from 5/1/95 to 6/30/98 per Memorandum
Agreement between the City of Buffalo Fire Department and
the Buffalo Professional Firefighters Union, Local #282 dated
June 23, 1998. $10,375.76
E 2. Bertha Hyde
Claim for payment of prior fiscal year dental in lieu from
7/1/92. Claimant signed the waiver of dental insurance on
5/19/92. Through some mixup this was not picked up on the
computer system. This has all been verified by Labor
Relations. $825.00
That checks be drawn on the account of 81-2 General City
Charges Fund No. 81300809 Judgment and Claims Prior
Years, payable to the respective claimants or plaintiffs and
their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the
delivery of the proper releases where indicated.
Passed
AYES-12, NOES-0
NO. 93
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Claims Committee,
the following claims be paid:
F 1. Jayme Borowiec
Claim for a parked vehicle that was damaged by grass and
debris after grass cutting in the Park at Massachusetts and
Columbus Parkway. $346.00
F 2. Kenneth R. Bucholtz
Claim in the amount of ($290) for eyeglasses that were
broken in the line of duty in the Department of Street
Sanitation at the Broadway Garage. $290.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Prior
Years, payable to the respective claimants and their
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
Passed
AYES-12, NOES-0
NO. NO. 94
REPORT TO THE CLAIMS COMMITTEE
F. 3. John J. Chmiel
Page 49
98-1104.txt
Claim for refund of a golf pass which was purchased in
April 1998. Mr. Chmiel claims he has been unable to use
the pass because of leg pain and cataract surgery.
In 1994 Council passed Resolution No. 127, C.C.P.,
11/29/94 regarding the No Refland Policy. The no refund
policy is not stated on the passes as called for in the
resolution. The claim is in the amount of ($250).
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Adopted
Mr. Quintana moved:
The approval of the claim of John J. Chmiel in the amount
of $ 250.00
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgement and Claims Prior
Years, payable to the respective claimants and plaintiffs and
their attorneys, if any, hereinabove named, in the amounts
set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper
releases and closing papers.
Passed
Ayes-12, Noes-0
NO. 95
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Claims Committee,
the following claim be paid:
F. 4. Arnold and Susan M. Palumbo
Claim for damage to a 1992 Honda Civic LX that
happened on Fuhrmann Boulevard. Mr. Palumbo was
driving on Fuhrmann Boulevard when he claims rocks were
propelled onto his vehicle by a Streets Department vehicle
cutting the grass in that area. $341.01
That checks be drawn on the account of 81-2 General City
Charges 100-812-000-00-809 Judgment and Claims Nor
Years, payable to the respective claimants and their
attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
delivery to the Corporation Counsel of the proper releases
where such releases are indicated.
Passes
Ayes-12, Noes-0
CIVIL SERVICE
(BEVERLY A.GRAY, CHAIRPERSON)
NO. 96
MINORITY RECRUITMENT #187,7/22)
(Item #69 C.C.P January 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
NO. 97
AFFIRMATIVE ACTION (A&F)
(ITEM #148 C.C.P -SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
NO. 98
APPOINTMENT
CELLBLOCK ATTENDANT
Page 50
98-1104.txt
That Communication 46, October 20, 1998 be received
and filed and the Permanent appointments of Richard L.
Welch, Clark S. Saltz and Jennifer M. Weyand, above at the
provisional salary of $28,425.00 effective on September 21,
1998 is hereby approved.
PASSED
AYES-12, NOES-0
NO. 99
NOTICE OF APPT. - TEMP/PROV/PERM
(ITEM #68 C.C.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
NO. 100
G. WHITFIELD-CH. FIRE ADM. EXAM (ITEM #79 C.C.P
OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
NO. 101
SALARY ORDINANCE AMENDMENT
50-DEPARTMENT OF HUMAN SERVICES, PARKS &
RECREATION
2-DIVISION FOR SENIOR CITIZENS
11 -RECREATION PROGRAM FOR THE ELDERLY
(ITEM NO. 160, C.C.P., OCT. 20, 1998)
That the Salary Ordinance Amendment as contained in
Item No. 160, C.C.P., October 20, 1998, be and the same
hereby is approved.
Passed.
AYES-12, NOES-0
NO. 102
SALARY ORDINANCE AMENDMENT
20-1 DEPARTMENT OF POLICE
011 -DETECTIVE DIVISION
(ITEM NO. 161, C.C.P., OCT. 20, 1998)
That the Salary Ordinance Amendment as contained in
Item No. 161, C.C.P., October 20, 1998, be and the same
hereby is approved.
Passed.
AYES-12, NOES-0
FINANCE
(DAVID A. FRANCZYK, CHAIRMAN)
NO. 103
RESULT NEG. 21 TOWNSEND (CD)
(ITEM #72 C.C.P JULY 21, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
NO. 104
ACQUIRE 695 MAIN ST. (COMPT)
(ITEM #14 C.C.P MAY 26, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee of Police Reorganization.
Adopted
Page 51
98-1104.txt
NO. 105
RESPONSE-ALTEMATE SITES-695 MAIN ST. (COMPT)
(ITEM #15 C.C.P. JUNE 9, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee of Police Reorganization.
Adopted
NO. 106
DESIGN BURA LOT-GENESEE/OAK-DOWNTOWN PET.
(ITEM # 214 C. C.P JULY 7, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee on Police Reorganization.
Adopted
NO. 107
RESPOSE-DESIGN BURA LOT-GENESEE/OAK-
DOWNTOWN POL. PCT. (COMPT)
(ITEM #31 C.C.P.JULY 21, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee on Police Reorganization.
Adopted
NO. 108
UNILAND PARCEL (CC)
(ITEM #51 C.C.P OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
referred to the Committee on Police Reorganization.
Adopted
NO. 109
REQUEST REPORTS ON JUSTICE DEPARTMENT
GRANT
(ITEM NO. 262, C.C.P., SEPT. 22, 1998)
That the Common Council requests the Police and
Administration and Finance Departments to submit reports
specifically outlining the City's spending plan for this $1.5
million grant, and also the specific requirements and/or
guidelines of the grant.
Adopted
NO. 110
JUSTICE . DEPARTMENT
(ITEM #43 C.C.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
NO. 111
REPORT OF BIDS - ELMWOOD VILLAGE GREEN
PLAYGROUND REMOVAL (ITEM NO. 54, C.C.P., OCT. 6,
1998 )
That the Commissioner of Community Development be, and
he hereby is authorized to award a contract for Elmwood
Village Green Playground Removal, to RMH Construction &
Development, the lowest responsible bidder, in the amount
of $880.00. Funds for the project are available in C.P.A. 201-
717-003.
Passed.
AYES-12, NOES-0
Page 52
98-1104.txt
NO. 112
BIDS - GATES AND BUFFALO GENERAL PARKING
RAMPS
(ITEM NO. 10, C.C.P., OCT. 20, 1998)
That the Director of Parking be, and he hereby is
authorized to award a, contract for a three year management
agreement with Allright Parking Buffalo Inc., the lowest
responsible bidder for the Gates Circle Parking Ramp for a
monthly fee of $523 and a monthly fee for Buffalo General
Parking Ramp of $519.
Passed.
AYES-12, NOES-0
NO. 113
CHANGE IN CONTRACT - RUSSELL-MARTI
CONSERVATION SERVICES
(ITEM NO. 11, C.C.P., OCT. 20, 1998)
That the Executive Director of the Buffalo Arts Commission
be, and he hereby is authorized to issue change order No. 1,
to Russell-Marti Conservation Services, Inc., an increase in
the amount of $11,500.00, as more fully described in the
above communication, for work relating to Art Conservation
Services, Contract #91874700. Funds for this project are
available in Account 4200-402-011, and must be transferred
into Account #200-402-03 5
Passed
AYES-12, NOES-0
NO. 114
CHANGE IN CONTRACT - RUSSELL-MARTI
CONSERVATION SERVICES (#91921400)
(ITEM NO. 12, C.C.P., OCT. 20, 1998)
That the Executive Director of the Buffalo Arts Commission
be, and he hereby is authorized to issue change order No. 1,
to Russell-Marti Conservation Services, Inc., a decrease in
the amount of $17,040.00, as more fully described in the
above communication, for work relating to Art Conservation
Services, Contract #91921400. Funds for this project are to
be credited to Account #202-402-011, and must be
transferred into Account #201-402-003.
Passed
AYES-12, NOES-0
NO. 115
SHEA'S BUFFALO THEATRE STAGE EXPANSION
PROJECT
(ITEM NO. 33, C.C.P., OCT. 20, 1998)
That the Common Council approve the following sources
of funds for the Shea's Buffalo Theatre Expansion:
City of Buffalo $5,045,000
State of New York 3,100,000
Shea's O'Connell Preservation Guild 7,382,908
$15,527,908
Passed
AYES-12, NOES-0
NO. 116
Page 53
98-1104.txt
STATUS REPORT ON SQUAW IS. (PW)
(ITEM #36 C.C.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
Adopted
Mr. Zuchlewski moved That the above item be and the same
is referred to the Committee on Legislation.
ADOPTED.
NO. 117
BOND RESOLUTION - $500,000 TRAFFIC CALMING
PROJECT
(ITEM NO. 278, C.C.P., SEPT. 22, 1998)
(ITEM NO. 106, C.C.P., OCT. 20, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Zuchlewski moved: That the above item be, and the
same hereby is received and filed.
ADOPTED.
NO. 118
COMPROMISE DEMOLITION COSTS - 209 DUTTON
(ITEM NO. 12, C.C.P., OCT. 6, 1998)
(ITEM NO. 110, C.C.P., OCT. 20, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Zuchlewski moved:
That the Comptroller be, and he hereby is authorized to
accept the sum of $2,140.00 as payment in full from Richard
Giardina for the demolition of 209 Dutton.
Passed
AYES-12, NOES-0
NO. 119
RESULTS OF NEGOTIATIONS - 209 AND 215 DUTTON
(ITEM NO. 60, C.C.P., OCT. 6, 1998)
(ITEM NO. 111, C. C.P., OCT. 20, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Zuchlewski moved:
That the offer from Mr. and Mrs. William Vesper and Mrs.
Karen Vesper, residing at 228 Sherdian Avenue, in the sum
of Two Thousand and Four Hundred Dollars ($2,400.00) for
the sale of 209 and 215 Dutton, be and they hereby are
accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES-12, NOES-0
NO. 120
INSTALLATION BICYCLE LANES - FILLMORE AVENUE
Page 54
98-1104.txt
(ITEM NO. 38, C.C.P., OCT. 6, 1998)
(ITEM NO. 113, C.C.P., OCT. 20, 1998)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Zuchlewski moved:
That the Commissioner of Public Works be, and he hereby
is authorized to submit the necessary Notifications Serials to
enable restriping of Fillmore Avenue between East Ferry
Street and North Parade Avenue with one side of the street
to remain with on-street parking.
Mr. Zuclewski moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 121
RESULT OF NEGOTIATIONS - 196 GLENWOOD
(ITEM NO. 58, C.C.P., JUNE 23, 1998)
(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)
That the offer from State Tabernacle Church of God in
Christ, 234 Glenwood, in the sum of One Thousand Four
Hundred Dollars ($1,400.00) for the sale of 196 Glenwood
Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Mr. Zuchlewski that the above item be recommitted to the
Committee on Finance.
ADOPTED.
NO. 122
RESULTS OF NEGOTIATIONS - 1590 FILLMORE
(ITEM NO. 62, C.C.P., APR. 28, 1998)
(ITEM NO. 118, C. C. P., JULY 7, 1998)
(ITEM NO. 156, C.C.P., JULY 21, 1998)
(ITEM NO. 124, C.C.P., OCT. 6,1998)
(ITEM NO. 115, C.C.P., OCT. 20, 1998)
That the offer from Moses and Ruby Graham, residing at
33 Richert Avenue, in the sum of One Thousand Dollars
($1,000.00) for the sale of a portion of 1590 Fillmore, be and
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Mr. Zuchlewski moved:
That the above item be and the same hereby is denied.
ADOPTED.
NO. 123
Page 55
98-1104.txt
RESULTS OF NEGOTIATIONS - 1482 JEFFERSON
AVENUE
(ITEM NO. 53, C.C.P., MAY 12, 1998)
(ITEM NO. 120, C.C.P., JULY 7, 1998)
(ITEM NO. 157, C.C.P., JULY 21, 1998)
(ITEM NO. 125, C.C.P., OCT. 6, 1998)
(ITEM NO. 116, C.C.P., OCT. 20, 1998)
That the offer from Mr. Herbert Bellamy, Sr., in the sum of
Two Thousand and Two Hundred Dollars ($2,200.00) for the
sale of 1482 Jefferson Avenue, be and hereby is accepted;
and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Mr. Zuchlewski moved:
That the above item be and the same hereby Is denied.
ADOPTED.
NO. 124
RESULTS OF NEGOTIATIONS - 387 WOODLAWN
(ITEM NO. 120, C.C.P., SEPT. 8, 1998)
(ITEM NO. 126, C.C.P., OCT. 6, 1998)
(ITEM NO. 117, C.C.P., OCT. 20, 1998)
That the offer from Mrs. Susie M. Smith, of 395 Woodlawn
Avenue, in the sum of Five Hundred Dollars ($500.00) for
the sale of 387 Woodlawn, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
PASSED
AYES-12, NOES-0
NO. 125
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)
That the Corporation Counsel be, and he hereby is
authorized to settle the 1997-98 certiorari proceeding on 22
Oakgrove Avenue by reducing the assessment from $32,200
to $20,000 for each year.
Mr. Zuchlewski moved that the above item be recommitted
to the Committee on Finance.
ADOPTED.
NO. 126
INCREASED APPROPRIATION - FUND BALANCE -
POLICE
(ITEM NO, 154, C.C.P., OCT. 20, 1998)
That the Comptroller be, and he hereby is authorized and
directed to transfer the sum of $391,000 from the
Unreserved Fund Balance 100-890-060 to meet the
Page 56
98-1104.txt
increased appropriation to Department of Police 981
Passenger Cars & Other Vehicles, Police Cars, Adaptation
of Cars as set forth in the above communication.
Passed.
AYES-12, NOES-0
NO. 127
INCREASED APPROPRIATION - DEPARTMENT OF
POLICE
(ITEM NO. 155, C.C.P., OCT. 20, 1998)
That the Comptroller be, and he hereby is authorized and
directed to increase the revenue estimate of account 62032
Deposit of Unclaimed Property in the sum of $22,000 to 021
Administration and Communications, 427 Clothing and
Uniforms in the amount of $12,000, 012 Patrol Services, 427
Clothing and Uniforms in the amount of $5,000, 001 Office of
the Police Commissioner, 586 Public Relations in the
amount of $5,000 as set forth in the above communication.
Passed.
AYES-12, NOES-0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 128
ANGELO SORRENTO, PETITION TO USE 367
DELAWARE AVENUE - DROP IN CENTER
(ITEM NO. 81, 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 after the public hearing before the Committee
on Legislation on October 27, 1998, the petition of Angelo
Sorrento, owner, for permission to use 367 Delaware
Avenue for a drop in center be, and hereby is approved.
PASSED.
AYES-13. NOES-0
NO. 129
APPT. MEMBER CIVIL SERVICE COMMISSION
(ITEM #1 C.C.P. SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 130
APPT. MEMBER CIVIL SERVICE COMM. (MAYOR)
(ITEM#1 C.C.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 131
C. JACOBBI & 0 - ELIM. USE SIDEWALKS TO
SKATEBOARD-AUBUM/W. FERRY
(ITEM# 215 C.C.P SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(DALE ZUCHLEWSKI, CHAIRMAN)
Page 57
98-1104.txt
No. 132
BICYCLE ACCESS. ON ST. IMPROVE PROJ. (#215,4/14)
(ITEM# 192 C.C.P OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 133
EMPIRE ST. DEV.-PUB. HRG.
OUTOKUMP AMERICAN BRASS.
(ITEM# 73 C.C.P OCTOBER 20, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
EDUCATION
(BARBARA A. KAVANAUGH, CHAIRPERSON)
NO. 134
VOCATIONAL EDUCATION (BD. ED.)
ITEM# 85 C.C.P SEPTEMBER 22, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 135
DEMO. CITY OWNED STRUCTURES.
(ITEM# 25 C.C.P OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 136
SEQR NEG. DECLAR.-DEMO. CITY OWNED BLDGS.
(ITEM# 56 C.C.P OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 137
VACANT LOTS - CLEARING/CUTTING
(ITEM# 134 C.C.P SEPTEMBER 8, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
MUNICIPALIZATION OF ELECTRICAL SERVICES
Page 58
98-1104.txt
(ALFRED T COPPOLA, CHAIRMAN)
NO. 138
COUNCIL OPPOSES EXIT FEES-NIMO
(FINAL RES. ADOPTED)
(ITEM# 200 C.C.P OCTOBER 6, 1998)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED
RESOLUTIONS
NO. 139
By: Mr. Brown
PERMISSION GRANTED FOR THE DELAVAN-GRIDER
BLOCK CLUB COUNCIL TO HANG BANNERS FROM
CITY OF BUFFALO STREETLIGHTS ALONG E.
DELAVAN AVENUE
Whereas: The Delavan-Grider Block Club Council was
organized in 1985; and
Whereas: This block club council was created from the
consolidation of separate block clubs in the Delavan-Grider
area of Buffalo; and
Whereas: The Delavan-Grider Block Club Council is
comprised of over 150 active and concerned residents of the
City of Buffalo; and
Whereas: The primary mission of the Delavan-Grider Block
Club Council is to meet the needs and address the problems
of the residents who live in that part of Buffalo; and
Whereas: The Delavan-Grider Block Club Council has
requested the permission of the City of Buffalo to hang
banners from streetlights along E. Delavan Avenue; and
Whereas: These banners are intended to welcome citizens
to the Delavan-Grider community; and
Whereas: This Common Council recognizes the work and
accomplishments of the Delavan-Grider Block Club Council;
and
Now, Therefore Be It Resolved:
That this Common Council grants permission for the
Delavan-Grider Block Club Council to hang banners on
streetlights along E. Delavan Avenue from Mt. Olive Way to
Cornwall Avenue pursuant to the conditions set forth by the
Department of Public Works and the Corporation Council.
PASSED.
AYES-12. NOES-0.
NO. 140
By: Mr. Coppola
WAIVE SPECIAL EVENTS FEE FOR THE GREATER
BUFFALO ITALIAN HERITAGE & FOOD
FESTIVAL
Whereas: The Italian Festival is a major expression of
Italian Heritage that attracts people from hundreds of miles
away; and
Whereas: The festival committee is comprised of three not-
for-profit groups; and
Page 59
98-1104.txt
Whereas: Numerous fees, some outrageous, are
implemented in organizing the festival ; and
Whereas: The cost of security alone was $18,292.50 and
the cost for having a "standby" ambulance was $8,600.00;
and
Whereas: This Common Council has waived fees for other
City of Buffalo "festivals" in the past;
Now, Therefore, Be It Resolved:
That this Common Council waive the special events permit
fee for the Italian Festival for the years 1997 and 1998.
REFERRED TO THE COMMITTEE ON FINANCE AND
SPECIAL EVENTS COMMITTEE.
NO. 141
By: Mr. Coppola
REQUEST AUDIT OF THE BUFFALO ZOO
Whereas: The people of the City of Buffalo are concerned
with the condition of the present Buffalo Zoo; and
Whereas: It has been stated that the current site is in need
of much repair do to age, size and deterioration; and
Whereas: This Common Council would like a break down of
what is needed immediately in order to understand what
steps have to be taken to improve the present site; and
Whereas: A list of priorities should be established in order to
know what should be taken care of to modernize and
upgrade the present zoo; and
Whereas: An Audit should be conducted by the City
Comptroller to identify budget lines that should be improved
and a fall report of his findings should be given to this
Common Council;
Now, Therefore, Be It Resolved:
That this Common Council requests the City Clerks office to
forward certified copies of the resolution to the Board of
Directors of the Buffalo Zoo and forward a copy of this
resolution to the City Comptrollers office; and
Be It Further Resolved:
That a member of the Buffalo Zoo management file a report
staining a list of improvements needed with this Common
Council; and
Be It Finally Resolved:
That this resolution be referred to the committee on
Legislation.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMPTROLLER AND BUFFALO ZOO ASSOCIATION.
NO. 142
By: Mr. Fontana
EXPANSION OF TOMASSELLO LIMOUSINE
Whereas: Mr. Daniel Tomassello, of Tomassello Limousine,
has purchased a pre-fabricated building to erect next to his
family business, which has been in Buffalo for 98 years; and
Whereas: The structure extends into the City right-of-way by
4 feet; and
Whereas: Mr. Tomassello would like to purchase the right of
way in order to build his building; and
Whereas: He would also like early entry to this site located
at 10 Queen Street (sub lot 28 and lot 33); and
Whereas: Mr. Tomassello shall indemnify the City for entry
and use of the site prior to the approval of the sale; and
Page 60
98-1104.txt
Whereas: This structure will not cause visual or traffic
problems on Queen Street; and
Now, Therefore, Be It Resolved:
The Common Council authorize the City of Buffalo to enter
into an early entry agreement with Mr. Tomassello on 10
Queen Street (sublots 25 and 33), subject to approval and
conditions set forth by Public Works; and the Law
Department; and
Be it Finally Resolved:
Mr. Tomassello file with the City of Buffalo Law Department
proof of insurance on said property.
And Be It Finally Resolved:
That the Early Entry Agreement be filed with the Common
Council.
PASSED
AYES-12. NOES-0.
NO. 143
By: Ms. Franczyk
CAPITAL BUDGET AMENDMENT
CHANGE TO CAPITAL PROGRAM 1998-99
That pursuant to section 359 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the Capital Program for the fiscal year
1998-99 be and the same is hereby amended by eliminating
one item and adding the following items under the heading:
Eliminate
200 Capital Projects
401 Division of Engineering
Genesee Street Reconstruction $2,500,000
Add
200 Capital Projects
401 Division of Engineering
Infrastructure Improvements - Lovejoy District $1,000,000
Lovejoy Buildings $ 300,000
PASSED.
AYES: 12. NOES: 0
NO. 144
By: Ms. Gray
SALARY ORDINANCE AMENDMENT
20 - 1 DEPARTMENT OF POLICE
001 OFFICE OF THE POLICE COMMISSIONER
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 20 - I
Department of Police - 001 Office of the Police
Commissioner, which reads:
14 Lieutenants $ 53,314
Is hereby amended to read:
11 Lieutenants 53,314
WE, ROCCO J. DIINA, Commissioner of Police, and JAMES
B. MILROY, Director of the Budget, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
Page 61
98-1104.txt
foregoing ordinance.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
10/27/98
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 145
By: Ms. Gray
SALARY ORDINANCE AMENDMENT
40 -1 - DEPARTMENT OF PUBLIC WORKS,
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 40 - I
Department of Public Works - 021 Administrative Services,
which reads:
1 Account Clerk Typist $ 22,883 - $ 25,495
Is hereby amended to read:
1 Senior Clerk $ 23,160 - $ 25,846
IT IS HEREBY CERTIFIED, pursuant to Section
34 of the Charter, that the immediate passage of the
foregoing ordinance is necessary.
WE, JOSEPH N. GIAMBRA, Commissioner of
Public Works, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary
for the proper conduct, administration and performance of
essential services of that Department. We recommend that
the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the
creation of the above-mentioned position, containing a
statement of the duties for such position, has been filed with
the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set
forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
10/27/98
PASSED.
AYES-12. NOES-0.
NO. 146
By: Ms. Gray
SALARY ORDINANCE AMENDMENT
70 - DEPARTMENTOFSTREETSANITATION
0 - DIVISION OFSTREETS
013 CLEANING STREETS & SNOW REMOVAL
& ENTERPRISE FUND
70 - I - DEPARTMENT OF SOLID WASTE & RECYCLING
011 COLLECTION OF REFUSE & RECYCLING
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 70 Department
Of Street Sanitation 0 - Division Of Streets 013 Cleaning
Streets & Snow Removal and 70 - I Department of Solid
Waste & Recycling 01 1 Collection of Refuse & Recycling,
Page 62
98-1104.txt
which reads:
70-0-013
6 Laborer 11 (Hourly) $10.45 - $11.89
70-1-011
8 Laborer II (Hourly) $ 10.45 - $11.89
Is hereby amended to read:
70-0-013
8 Laborer 11 (Hourly) $ 10.45 - $11.89
70-1-011
4 Laborer II (Hourly) $ 10.45 - $ 11.89
WE, PAUL V. SULLIVAN, Commissioner of Street
Sanitation, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary
for the proper conduct, administration and performance of
essential services of that department. We recommend that
the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the
creation of the above-mentioned position, containing a
statement of the duties for such position, has been filed with
the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set
forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 147
BY: MS. GRAY
SALARY ORDINANCE AMENDMENT
71 - 0 - DEPARTMENT OF COMMUNITY DEVELOPMENT
001 EXECUTIVE
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 71-0 Department of Community
Development - 001 Executive is hereby amended by adding:
1 Assistant Director of Office of Citizen Participation and
Information $35, 864 - $42,302
WE, Joseph E. Ryan, Commissioner of
Community Development, and JAMES B. MILROY,
Director of the Budget, hereby certify that the above
change is necessary for the proper conduct, administration
and performance of essential services of that department.
We recommend that the compensation for said position be
fixed at the respective amount set forth in the foregoing
ordinance.
That a personnel requisition incident to the
creation of the above-mentioned position, containing a
statement of the duties for such position, has been filed with
the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set
forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position.
Approved As To Form
Michael B. Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
CIVIL SERVICE COMMISSION, COMMISSIONER OF
COMMUNITY DEVELOPMENT AND BUFFALO URBAN
Page 63
98-1104.txt
RENEWAL AGENCY
NO. 148
By: Beverly Gray
ESTABLISH JEFFERSON AVENUE VENDORS ROW
Whereas: In an effort to continue to market community
interest in the Jefferson Renaissance Project, special events
held were proven successful in bringing independent
vendors to Jefferson Avenue; and
Whereas: As the holiday season approaches, interested
vendors are seeking an opportunity to present their
Thanksgiving, Christmas and Kwanzaa wares to the
community; and
Whereas: In Harlem, New York a vendors' row was
established and has existed for years. This type of outdoor
business promotes and supports both the community and
local businesses; and
Whereas: On behalf of the independent vendor, this
Honorable Body is interested in establishing a Vendors Row
on Jefferson Avenue; and
Whereas: This "Vendors Row" will be set up on Jefferson
Avenue between Best and E. Ferry Streets. Interested
vendors will be able to sell their wares from November 9
through January 18, 1998; and
Now, Therefore, Be It Resolved:
That this Common Council grants permission for all
interested vendors to use the City's right-of-way on the
above stated dates and streets; and
Be it Further Resolved:
That this Common Council requests all licenses & permits
fees needed to use the City's' right-of-way be waived for all
vendors participating in this event.
REFERRED TO THE COMMITTEE ON FINANCE AND 50
WOMEN WITH A VOICE.
NO. 149
By: Mrs. LoTempio
EXCUSE COUNCIL MEMBER FRANCZYK FROM
COUNCIL MEETING
Whereas: Council Member David A. Franczyk will be out of
town on Wednesday, November 4, 1998 and will be unable
to attend the Wednesday, November 4, 1998
Common Council meeting, and
Now, Therefore Be It Resolved:
That the Common Council excuses Council Member David
A. Franczyk from attending the November 4, 1998 Common
Council Meeting.
ADOPTED
7
>
NO. 150
BY: MRS. LOTEMPIO
CITY OF BUFFALO
LOCAL LAW NO. (1998)
INTRODUCTORY NO. 13 (1998)
A LOCAL LAW amending Article Twenty-eight of the
Charter of the City of Buffalo in relation to providing a tax
Page 64
98-1104.txt
exemption for persons with disabilities and limited incomes.
BE IT ENACTED BY THE COMMON COUNCIL OF TBE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article Twenty-eight of the Charter of the
City of Buffalo, adopted pursuant to law, is hereby amended
to read as follows:
(a) That a new section five hundred and forty-seven-d be
added to read as follows:
Sec. 547-d. Persons with disabilities and limited incomes.
1. (a) Real property owned by one or more persons with
disabilities, or real property owned by a husband, wife, or
both, or by siblings, at least one of whom has a disability,
and whose income, as hereafter defined, is limited by reason
of such disability, shall be exempt from taxation by the City
of Buffalo to the extent of fifty per centum of the assessed
valuation thereof as hereinafter provided.
(b) An increase in the maximum income eligibility level
(represented in the schedule as M), shall be allowed to the
extent provided in the following schedule. The value of M
shall be the maximum income eligibility level as provided by
subsection five of this section:
ANNUAL INCOMEPERCENTAGE ASSESSED
VALUATION
EXEMPT FROM TAXATION
More than (M) but
less than (M+ $1,000)45 per centum
(M+ $ 1,000 or more) but
less than (M+ $2,000)40 per centum
(M+ $2,000 or more) but
less than (M+ $3,000)35 per centum
(M+ $3,000 or more) but
less than (M+ $3,900) 30 per centum
(M+ $3,900 or more) but
less than (M+ $4,800) 25 per centum
(M+ $4,800 or more) but
less than (M+ $5,700) 20 per centurn
(M+ $5,700 or more) but
less than (M+ $6,600) 15 per centum
(M+ $6,600 or more) but
less than (M+ $7,500) 10 per centum
(M + $7,500 or more) but
less than (M+ $8,400)5 per centum
2.For purposes of this section:
(a) "sibling" shall mean a brother or a sister, whether
related through half blood, whole blood or adoption.
(b) a person with a disability is one who has a physical or
mental impairment, not due to current use of alcohol or
illegal drug use, which substantially limits such person's
ability to engage in one or more major life activities, such as
caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning and working,
and who (i) is certified to receive social security disability
insurance (SSDI) or supplemental security income (SSI)
benefits under the federal Social Security Act, or (ii) is
certified to receive Railroad Retirement Disability benefits
under the federal Railroad Retirement Act, or (iii) has
received a certificate from the state commission for the blind
and visually handicapped stating that such person is legally
blind.
An award letter from the Social Security Administration or
the Railroad Retirement Board or a certificate from the state
commission for the blind and visually handicapped shall be
Page 65
98-1104.txt
submitted as proof of disability.
3. Any exemption provided by this section shall be
computed after all other partial exemptions allowed by law
have been subtracted from the total amount assessed;
provided, however, that no parcel may receive an exemption
for the same municipal tax purpose pursuant to both this
section and section four hundred sixty-seven of the Real
Property Tax Law.
4. Exemption from taxation for school purposes shall not
be granted in the case of real property where a child resides
if such child attends a public school of elementary or
secondary education.
5. No exemption shall be granted:
(a) if the income of the owner or the combined income of
the owners of the property for the income tax year
immediately preceding the date of making application for
exemption exceeds the sum of eighteen thousand five
hundred dollars. Income tax year shall mean the twelve
month period for which the owner or owners filed a federal
personal income,, tax return, or if no such return is filed, the
calendar year. Where title is vested in either the husband or
the wife, their combined income may not exceed such sum,
except where the husband or w6e, or ex-husband or ex-wife
is absent from the property due to divorce, legal separation
or abandonment, then only the income of the spouse or ex-
spouse residing on the property shall be considered and
may not exceed such sum. Such income shall include social
security and retirement benefits, interest, dividends, total
gain from the sale or exchange of a capital asset which may
be offset by a loss from the sale or exchange of a capital
asset in the same income tax year, net rental income, salary
or earnings, and net income from self-employment, but shall
not include a return of capital, gifts, inheritances or monies
earned through employment in the federal foster
grandparent program and any such income shall be offset by
all medical and prescription drug expenses actually paid
which were not reimbursed or paid for by insurance. In
computing net rental income and net income from self-
employment no depreciation deduction shall be allowed for
the exhaustion, wear and tear of real or personal property
held for the production of income;
(b) unless the property is used exclusively for residential
purposes, provided, however, that in the event any portion of
such property is not so used exclusively for residential
purposes but is used for other purposes, such portion shall
be subject to taxation and the remaining portion only shall be
entitled to the exemption provided by this section;
(c) unless the real property is the legal residence of and is
occupied in whole or in part by the disabled person; except
where the disabled person is absent from the residence
while receiving health-related care as an inpatient of a
residential health care facility, as defined in section twenty-
eight hundred one of the public health law, provided that any
income accruing to that person shall be considered income
for purposes of this section only to the extent that it exceeds
the amount paid by such person or spouse or sibling of such
person for care in the facility.
6. (a) Title to that portion of real property owned by a
cooperative apartment corporation in which a tenant-
stockholder of such corporation resides, and which is
represented by his share or shares of stock in such
corporation as determined by its or their proportional
relationship to the total outstanding stock of the corporation,
Page 66
98-1104.txt
including that owned by the corporation, shall be deemed to
be vested in such tenant-stockholder.
(b) That proportion of the assessment of such real property
owned by a cooperative apartment corporation determined
by the relationship of such real property vested in such
tenant-stockholder to such entire parcel and the buildings
thereon owned by such cooperative apartment corporation in
which such tenant-stockholder resides shall be subject to
exemption from taxation pursuant to this section and any
exemption so granted shall be credited by the appropriate
taxing authority against the assessed valuation of such real
property; the reduction in real property taxes realized
thereby shall be credited by the cooperative apartment
corporation against the amount of such taxes otherwise
payable by or chargeable to such tenant-stockholder.
7. Application for such exemption must be made annually
by the owner, or all of the owners of the property, on forms
prescribed by the State Board of Real Property Services,
and shall be filed in the Commissioner of Assessment's
office on or before the appropriate taxable status date;
provided, however, proof of a permanent disability need be
submitted only in the Hear exemption pursuant to this
section is first sought or the disability is first determined to be
permanent.
8. At least sixty days prior to the appropriate taxable status
date, the Commissioner of Assessment shall mail to each
person who was granted exemption pursuant to this section
on the latest completed assessment roll an application form
and a notice that such application must be filed on or before
taxable status date and be approved in order for the
exemption to continue to be granted. Failure to mail such
application form or the failure of such person to receive the
same shall not prevent the levy, collection and enforcement
of the payment of the taxes on property owned by such
person.
9. Notwithstanding any other provision of law to the
contrary, the provisions of this section shall apply to real
property held in trust solely for the benefit of a person or
persons who would otherwise be eligible for a real property
tax exemption, pursuant to subdivision one of this section,
were such person or persons the owner or owners of such
real property.
Section 2. This local law shall take effect immediately.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the
Municipal Home Rule Law, that the immediate passage of
this Local Law is necessary.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
Laid on the Table
NO. 151
By: Mrs. LoTempio and Mr. Quintana
42nd Annual Allentown Outdoor Art Festival
Whereas: The Allentown Village Society, Inc. ("AVS"), has
requested permission to conduct its 42nd Annual Allentown
Outdoor Art Festival on the weekend of June 12th and 13th,
1999, and
Whereas: In 1998, a special committee, with
representatives of the AVS, Allentown businesses, the
Common Council, and the administration, was established to
review the policies governing the Allentown Art Festival, and
that committee has revised some of the policies governing
Page 67
98-1104.txt
that festival; and
Whereas: The Special Events Advisory Committee,
established pursuant to Chapter 414, Special Events, will
meet to consider the application of AVS to hold the said
42nd Annual Allentown Outdoor Art Festival; and
Now, Therefore, Be it Resolved That:
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 tire 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
Be It Further Resolved That:
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 may also select
and designate a single vendor to produce and sell Art
Festival Tshirts, 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
Be It Further Resolved That:
That radio and television broadcasts from remote
broadcast units located outside of a building normally
Page 68
98-1104.txt
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
Be It Finally Resolved:
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.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 152
BY: MR. PITTS
PROPOSED SEWER AUTHORITY CONTRACT
Whereas:The Common Council has approved a
Five (5) year agreement for the management of the Buffalo
Municipal Water Finance Authority by American Anglican
Environmental Technologies, LP; and
Whereas:Per item #65, C.C.P. October 14, 1997,
"Stop Amana Capital of Buffalo Water Collection", the
Buffalo Sewer Authority proposed to join with the 'Water
Board to utilize the services of American Anglian to collect
on delinquent sewer accounts based on water usage; and
Whereas:This Council has heard numerous
rumors that the Buffalo Sewer Authority is developing a
contract with American Anglian that is similar to the Water
Authority contract.
Now, Therefore, Be It Resolved That:
This Common Council requests that reports be filed by the
Commissioner of the Department of Public Works, the
Buffalo Sewer Authority and American Anglian indicating
whether any steps are being taken to develop a contract for
the Sewer Authority, similar to the one between American
Anglian and the Water Authority; and
Be It Further Resolved That:
This report should be filed with the Common Council, 1308
City Hall, no later than 2:00 P.M., Thursday, November 12,
Page 69
98-1104.txt
1998; and
Be It Further Resolved That:
Representatives from the Sewer Authority, American
Anglian, and the Commissioner of Public Works attend the
Committee on Finance Meeting to be held on Tuesday,
November 24, 1998 at 10:00 A.M. in the Common Council
Chamber.
REFERRED TO THE COMMITTEE ON FINANCE,
COMMISSIONER OF PUBLIC WORKS, BUFFALO SEWER
AUTHORITY AND AMERICAN ANGLICAN.
NO. 153
BY: DALE L. ZUCHLEWSKI
ORDINANCE AMENDMENT (WATER BOARD)
Whereas:The City of Buffalo has embarked on a
five (5) year Water Meter Replacement Program that will
require all City homeowners to have meters to measure their
water usage; and
Whereas:This new meter system will encourage
residents to conserve water; and
Whereas:It has come to the attention of the Water
Department that as these new meters are being installed,
the outside meter readings often differ from the inside meter
readings; and
Whereas:Based on the past inaccuracies, many
residents are now receiving large past due water bills; and
Whereas:These unexpected past due large bills
are causing great hardship to many City homeowners.
Now, Therefore, Be It Resolved That:
This Common Council requests the Corporation Counsel
to draft an ordinance amendment requiring the Water
Authority to read the inside meters of all customers at least
once a year; and
Be It Further Resolved That:
This ordinance amendment include a forgiveness of past
due water bills caused by negligence on the part of the City
of Buffalo.
ADOPTED
NO. 154
By: Mr. Zuchlewski
Reconstruction of Vulcan Street
Whereas:The portion of Vulcan Street, between
Kenmore Avenue and Tonawanda Street, rests on the Town
of Tonawanda and Buffalo borders; and
Whereas:It has come to the attention of this
Council that there are obvious road problems present on this
section of Vulcan Street; and
Whereas:These problems include the lack of
curbs and sewers; sidewalks in deplorable condition; and
Vulcan Street being much higher than the adjoining
residential streets; and
Whereas:Many residents have expressed concern
over the hazards of the present road conditions and the
danger is poses to pedestrians, motor vehicles and bicycles
using this road; and
Whereas:Because of the road conditions, this
area is a blemish to the community and a poor picture of
Buffalo to people entering the City;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby
Page 70
98-1104.txt
requests the Department of Public Works to contact the
Town of Tonawanda to open discussions on the
reconstruction of Vulcan Street.
Adopted
NO. 155
BY: COUNCILMEMBER DALE ZUCHLEWSKI &
COUNCILMEMBER AL COPPOLA
103RD ANNUAL RUNNING OF THE FORD MOTOR CO.-
TURKEY TROT)
Whereas:The Delaware Family YMCA is
requesting permission to hang a banner over Delaware
Avenue to promote the annual running of the Ford Motor
Co.- YMCA Turkey-Trot; and
Whereas:This year marks the 103rd annual event;
and
Whereas:To publicize the event, organizers have
requested permission to display a banner across Delaware
Avenue at the north side of Gates Circle from light pole # 55
and an unnumbered pole directly across the street; and
Whereas:Sponsors of the event are interested in
hanging this banner from October 28, 1998 until November
30, 1998; and
Now, Therefore, Be It Resolved:
That the sponsors follow the guidelines set forth by the
Department of Public Works for the installation of a street
banner; and
Resolved:
That approval is granted to erect this banner from October
28th through November 30th.
Passed
AYES-12, NOES-0
NO. 156
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 Reverend John P. Kee By Councilmember
Pitts
Felicitation for Buffalo Academy of Visual and Performing
Arts By Councilmember Kavanaugh Felicitation for Arts
Council of Buffalo and Erie County By Councilmember Pitts
Felicitation for Bishop Robert L. Sanders and First Lady
Janice Sanders By Councilmembers Pitts & Gray
Felicitation for mount Calvary Baptist Church By
Councilmember Pitts
Felicitation for Paul L. Batchelor Day By Councilmember
Gray, Miller-Williams, Pitts & Brown
ADOPTED.
NO. 157
BY: MR. ZUCHLEWSKI
APPOINTMENTS
COMMISSIONERS OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31,1998 conditional upon the person so appointed certifying
Page 71
98-1104.txt
under oath to their qualifications and filings same with the
City Clerk:
Debra L. Engelskirger
Andrea J. Wiacek
ADOPTED
NO. 158
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:
Catherine Santora
Gina M.McRoy
Lori K. Johnson
Carole R. Grenauer
Kathleen C. Borowiak
ADOPTED
NO. 159
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:
Charles L. Michaux,III
Judith C. Chrosniak
Kevin M. Kelley
Gerald A. Chwalinski
Christine A. Lehner
Helen M. Wagner
Carol Ann Nowak
Ruth O'Leary
Susan M. Brennan
Alice A. Radka
Tracey M. McNerney
Louis A. Fumerelle
John Verbocy
Dale Zuhlewski
Wendy S. Eshborn
Brenda Sciotino
Kaaren Luparello Lynch
Mary Lou Hooper
Michael A. Williams
Lisa M.Collin
Maria Sartane-Claude
Evelyn J. Juncewitz
Mildred Castro
Mark J. Jaskula
Mary H. Agnello
Mildred L. Bishop
Shirley Bonanducci
Frances V. Boles
Leonard Brooks
Paul W. Buchanan
Page 72
98-1104.txt
Anne L. Celano
Cathleen D. Chojnacki
Janet T. Cochrane
Patrice J. Colpoys
June M. Cotter
Elaine De Franks
Christine A. Dibble
Linda L. Drake
Maxine D. Emmons
Karen L. Fritsch
Marguerite A. Galante
Elizabeth V. Ganci
Francine Giumento
Ann Marie S. Hawes
Debra L. Hogan
Judith C. Ivey
LaShawn Jones
Joanne M. Karamanos
Kathleen M, Korkuc
Henry A. Kornik
Robert J. Koscianski
Patricia S. Lavin
Edna M. Lovegrove
Paul J. Maloney
Dean Mann
Beverly A. Marino
David P. Masse
F. Michael McGee
Douglas W. Mercer
Susan A. Miranda
Denise Napora
Joy A. Peterson
Leonard M.Potwona
Marlene A. Prather
John L. Reville
William A. Rogers
Paul J. Sorrentino
Louis L. Strauss
David L. Suttell
Elaine M. Szemantowicz
Patricia S. Thomas
Mari Van de Water
Ann M. Vedella
Diane E. Walker
John W. Weidmann
Joseph B. Wolf
Diane M. Zigrossi
Coletta M. Zubler
Carol R. Johnston
Louise 0. Cerrone
Christine.A. Trojan
Mildred Zaccagnino
Marcia A. Ziomek
Sandra L. Maciejewski
Nina Lee Jok
Karen E.Mahony
Shirley P. LaDuca
Nancy A. Waterman
Gary W. Waldman
Maria Thomas
Amy Thill
Scott R. Smith
John C. Skillicorn
Page 73
98-1104.txt
Lydmia V. Santiago
Robert R. Sanford
Patricia L. Saia
Stuart R. Rubin
Teri Jo RItz
Carmen P. Perez
Molly Orrange
Michelle Olszowy
Maureen A. O'Connell
Vernon L. Noble
Jill Monacelli
Inez C. Mirco
Marion L. McElligott
Mark Marcinkiewicz
Sharon levy
Julie L. Kretzer
Tom A. Jusko .
Anthony G. House
Violet B. Hall
Vincent S. Guarino
Gerald P. Fronckoviak
Timothy P. Collins
Christopher C. Clark
Ricard A. Carter
Catherine Carbone
William C. Bannister
Marilyn Archer
ADOPTED.
UNFINISHED BUSINESS
NO. 160
BOND RES. - $100,000 - PKG. WHRD FACILITY
(NO. 147, C.C.P., OCT. 20,1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Ms. Gray
CARRIED
Mrs. LoTempio now moved approval at the above item.
Seconded by Mr. Brown
PASSED
AYES-12, NOES-0
NO. 161
BOND RES. - $75,000 - LAND ACQ. WHRD FACILITY
(NO. 148, C.C.P., OCT. 20,1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Ms. Gray
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Manley
PASSED
AYES-12, NOES-0
NO. 162
BOND RES. - $500,000 - TRAFFIC CALMING PROJECTS
Page 74
98-1104.txt
(NO. 158, C.C.P., OCT. 20,1998)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Ms. Gray
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Ms. Kavanaugh
PASSED
AYES-BROWN, COPPOLA, FONTANA, HELFER,
KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA,
WILLIAMS, ZUCHLEWSKI.
NOES-GRAY, PITTS.
NO. 163
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 Tues. Nov. 10, 1998 at 9:30 o'clock A.M.
Finance Tues. Nov. 10, 1998 following Civil Service
Legislation Tues. Nov. 27, 1998 at 2:00 o'clock P.M.
Community Development Thurs. Nov. 12, 1998 at 11:00
o'clock A.M.
Committee on Education Wed. Nov. 25, 1998 at 2:00
o'clock P.M. in Room 1417.
Ancillary Meetings
Special Committee on Taylor Law Impasse will be meeting
on Friday, November 6, 1998 at 2:00 P.M. in Rm. 1417.
Special Committee on Police Oversight will be meeting on
Thursday, November 5, 1998 at 2:00 P.M. in Council
Chambers.
Special Committee on Municipalization of Electrical Services
will be meeting on Wednesday, November 18, 1998 at 2:00
o'clock P.M. in Room 1417.
Special Committee on Budget will be meeting on
Wednesday, November 18 1998, at 9:00 A.M. in Room 1417
City Hall.
Gretchen A. Pound
Council Reporter
NO. 164
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Quintana
the Council adjourned at 3:09 PM
CHARLES L. MICHAUX, III
CITY CLERK
BOARD OF POLICE AND FIRE PENSION
PROCEEDINGS #9
MAYOR'S OFFICE - 201 CITY HALL
OCTOBER 29, 1998
Page 75
98-1104.txt
Present- James W. Pitts, Council President; Anthony M.
Masiello, Mayor, Joel A. Giambra, Comptrolier-3
Absent: None
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll fiDr the Fire Pension
Fund for the month of October 1998 amounting to
$24,293.43, 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
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of October 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-S. Noes-0.
No. 3
On motion by Mr. the City of Buffalo Police and Fire Pension
Board Meeting adjoumedatll:10a.m.
Page 76