HomeMy WebLinkAbout00-1017
00-1017.txt
No.19
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
OCTOBER 17, 2000
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie LoTempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
KAREN R. ELLINGTON - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Barbara Miller-
Williams, Chairman, Karen R. Ellington, Charley H. Fisher III,
Betty Jean Grant, Rosemarie LoTempio
CLAIMS COMMITTEE: Betty Jean Grant, Chairman,
Marc A. Coppola, Mary M. Martino, Richard Fontana and
Barbara Miller-Williams-Members
COMMUNITY DEVELOPMENT COMMITTEE: Beverly
Gray, Chairman, Byron Brown, Joseph Golombek Jr.,
Rosemarie LoTempio, Charley H. Fisher III, and Karen
Ellington-Members
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FINANCE COMMITTEE: Byron Brown, Chairman,
Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III,
Mary M. Martino, Barbara Miller-Williams-Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Rosemarie LoTempio, Byron Brown, Beverly
Gray, Dominic Bonifacio Jr., Joseph Golombek Jr.
RULES COMMITTEE: James W. Pitts, Chairman
Beverly Gray, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph
Golombek Jr., Karen R. Ellington, Richard Fontana
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Barbara Miller-Williams.
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Richard Fontana, Mary M. Martino,
James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic
Bonifacio Jr., Chairman, Karen R. Ellington, Richard
Fontana, Barbara Miller-Williams, Mary Martino, Charley
Fisher III.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 3, 2000
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Bonifacio, Brown, Coppola,
Ellington, Fisher, Fontana, Golombek Grant, Gray,
LoTempio, Martino, Pitts, and Williams - 13.
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
October 3, 2000 were approved.
2
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
FROM THE CITY PLANNING BOARD
Page 2
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NO. 1
"13. GRANT, INFO., PHOTOS - ABC HARDWARE"
ITEM NO. 66 C.C.P. OCTOBER 3. 2000
The letter and photos submitted by ABC Hardware were
referred to the Division of Citizen Services by the Office of
Strategic Planning.
The Division of Citizen Services immediately forwarded the
letter and photos to Chief Lawrence M. Ramunno of the
Buffalo Police Department.
Attached is a letter that Chief Ramunno sent to Mr. Brett C.
Begley of ABC Hardware on September 20, 2000.
The Division of Citizen Services spoke with Chief Ramunno
on Thursday, October 5, 2000 about ABC Hardware's
problems at 3336 Bailey Avenue, Buffalo, NY 14215, in
Buffalo's University Councilmanic district.
Chief Ramunno considered this situation as being
addressed, based upon the assistance offered to ABC
Hardware in his letter of September 20, 2000.
Should this item require any additional information, I am
recommending that the Council contact the Buffalo Police
Department
REFERRED TO THE UNIVERSITY DISTRICT ANTI-CRIME
TASK FORCE
NO. 2
655 MAIN ST. PARTNERS
655 MAIN STREET
BUILDING ENCROACHMENT
ITEM NO. 32, C.C.P. 10/3/2000
The City Planning Board at its regular meeting held
Tuesday, October 10, 2000, considered the matter captioned
above pursuant to Section 413-67 of the Buffalo Code,
Encroachment Regulations.
The applicant seeks to construct a 4 story building with the
first floor encroaching the right-of-way by 101 at 655 Main
Street. Under SEQR the proposed building encroachment is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve building encroachment
with the conditions set by the Buffalo Preservation Board
and the Department of public Works. The Planning Board
members were concerned that the design and site plan for
the proposed building was not required to have City-wide
design and site plan approval of the Planning Board. The
current ordinance exempts properties in Historic Districts
and certain Urban Renewal Plan areas. The Board, at a
future date, will ask the Common Council to consider an
amendment to the ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 3
OTB CORP.
2228 DELAWARE AVE.
ACCESSORY SIGN
ITEM NO. 75, C.C.P. 10/3/2000
The City Planning Board at its regular meeting held
Tuesday, October 10, 2000, considered the matter captioned
above pursuant to Section 387-19 of the Buffalo Code,
Application for billboard, ground or pole sign permits.
The applicant seeks to erect an illuminated 4211x7211
ground "ID" sign at 2228 Delaware Avenue. Under SEQR
the proposed sign is considered an unlisted action which
may be studied through uncoordinated review.
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The Planning Board voted to recommend approval of the
proposed accessory ground sign conditioned on the planting
of appropriate landscaping at the base of the sign.
RECEIVED AND FILED
NO. 4
KALEIDA HEALTH.
900 HERTEL AVE.
ACCESSORY SIGN
ITEM NO. 76, C.C.P. 10/3/2000
The City Planning Board at its regular meeting held
Tuesday, October 10, 2000, considered the matter captioned
above pursuant to Section 387-19 of the Buffalo Code,
Application for billboard, ground or pole sign permits.
The applicant seeks to erect an illuminated 6'xl2'xlO' ground
"ID" sign at 900 Hertel Avenue. Under SEQR the proposed
sign is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to recommend approval of the
proposed accessory ground sign.
RECEIVED AND FILED
NO. 5
KOSTA'S RESTAURANT
1561 HERTEL AVE.
ENCLOSED SIDEWALK CAFE
ITEM NO. 34, C.C.P. 10/3/2000
The City Planning Board at its regular meeting held
Tuesday, October 10, 2000, considered the matter captioned
above pursuant to Section 413-59, 413-67 and 511-59 of the
Buffalo Code, Sidewalk cafes, Encroachment Regulations
and Hertel Avenue District, respectively.
The applicant seeks to enclose an existing
551xl3lxl3lsidewalk caf6 at 1561 Hertel Avenue that currently
encroaches the right-of-way. Under SEQR the proposed
enclosed sidewalk cafe encroachment is considered an
unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve enclosing of the
existing sidewalk caf‚ conditioned that a mere license is
issued for the encroachment.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
LDA WATERFRONT REDEVELOPMENT PROJECT
AREA A
APPROVAL OF CONTRACT FOR SALE OF LAND
DISPOSITION PARCEL 8
The City of Buffalo Urban Renewal Agency duly
designated 50 Waterfront Circle, LLC and/or joint venture,
partnership, corporation or other legal entity to be formed as
the qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land
Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of
Article 15A of the General Municipal Law, it is now
necessary for your Honorable Body to set a date for a public
hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your
Honorable Body is willing to expedite this matter, I have
taken the liberty to prepare a Resolution together with a
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Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the disposition of the land to
the Redeveloper, which the Agency has designated as being
qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 7
NEW BUFFALO INDUSTRIAL PARK REQUEST FOR
APPROVAL OF LDA - NORTH STAR SUPPLY CO., INC.
The City of Buffalo Urban Renewal Agency duly
designated North Star Supply Co., Inc. and/or a joint
venture, partnership, corporation or other legal entity to be
formed as the qualified and eligible Redeveloper for the
subject parcel.
The Agency has also determined that the proposed Land
Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of
Article 15A of the General Municipal Law, it is now
necessary for Your Honorable Body to set a date for a public
hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your
Honorable Body is willing to expedite this matter, I have
taken the liberty to prepare a Resolution together with a
Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the disposition of land to the
Redeveloper, which the Agency has designated as being
qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 8
RENEW ROTARY RINK OPERAFING AGREEMENT
BETWEEN THE CITY OF BUFFALO AND BUFFALO
PLACE, INC. IN FOUNTAIN PLAZA
ITEM NO. 5, C.C.P. 11/23/99
Pursuant to Item No. 5, C.C.P. 11/23/99, Your Honorable
Body authorized a one (1) year operating agreement
between the City of Buffalo and Buffalo Place, Inc. for
operation of the Rotary Ice Rink located at Fountain Plaza.
This agreement was for the period of November 1, 1999
through October 31,2000.
The Department of Public Works has forwarded a letter from
Buffalo Place requesting to renew their operating agreement
to the Office of Strategic Planning/Real Estate. They are
requesting to renew their operating agreement for an
additional one-year period under the same terms and
condftions as the previous agreement. The operating
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agreement shall commence on November 1, 2000 and
expire on October 31, 2001. All other terms and payments
shall remain the same. Attached is a copy of the agreement
for review.
This office recommends that Your Honorable Body renew
their present operating agreement for an additional one- (1)
year period to commence on November 1, 2000 and expiring
on October 31, 2001. 1 am further recommending that Your
Honorable Body authorize the Corporation Counsel to
prepare the necessary documents to renew said agreement
and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
REQUEST TO LEASE 6,747 SQ. FT. OF SPACE AT 104
MARYLAND ST.
The Office of Strategic Planning, Division of Real Estate,
has received a request from Buffalo and Erie County
Workforce Development Consortium, Inc. 506 Delaware
Avenue, Buffalo, N.Y. 14202, to lease 6,747 sq. ft. of space
at 104 Maryland Street.
Attached for your review and approval is the proposed lease
agreement between the City of Buffalo and Buffalo & Erie
County Workforce Development Corporation.
I am recommending that Your Honorable Body approve the
lease agreement and that the Mayor be authorized to
execute the same.
Mrs. LoTempio Moved:
That the above communication from the Office of Strategic
Planning dated October 12, 2000, be received and filed; and
That the Director of Real Estate be, and he hereby is
authorized to enter into a lease between the City and Buffalo
and Erie County Workforce Development Consortium, Inc.,
506 Delaware Avenue, for use of 6,747 sq. ft. of space at
104 Maryland Street, commonly known as Father Belle
Community Center. That the Corporation Counsel be
authorized to prepare the necessary lease and that the
Mayor be authorized to execute the same.
PASSED
AYES -12 NOES - 0
NO. 10
REQUEST EXTENSION FOR RESPONSE STUART
ALEXANDER INFO
I respectfully request a 2-week extension in responding to
Council Item #64, C.C.P. October 3, 2000. 1 have not had
the opportunity to prepare an answer and will not have an
opportunity before the filing deadline tomorrow.
Thank you in advance for your cooperation.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 11
TRANSFER OF TITLE, URBAN HOMESTEAD
PROGRAM
299 VIRGINIA, 103.50' SW TUPPER (CITY
OWNED-VACANT LOT)
LOT SIZE: 26' X 132'
301 VIRGINIA, 78.50' SW TUPPER (CITY OWNED
-VACANT LOT) LOT SIZE: 25' X 132'
The Office of Strategic Planning has surveyed the
city-owned vacant lots at 299 and 301 Virgini~ Street, and it
has been determined that these parcels cannot be sold, and
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are not needed for public purposes.
Mr. Miguel and Mrs. Magali Hernandez residing at 590
LaSalle Avenue, Buffalo, New York 1421' have requested to
homestead 299 and 301 Virginia Street, vacant City-owned
lots. Mr. and Mrs. Hernande, intend to combine 299 and 301
Virginia in order to build a residential home. They have
provided building plan: and proof of financing to build a
model rate home.
The Division of Inspections and Division of Collections have
been contacted. There are no property code violations, taxes
or other liens owed to the City of Buffalo by the
homesteader.
We,, therefore, recommend that the city-owned vacant lots
be designated as a Homestead Property an( be transferred
to Mr. & Mrs. Hernandez on the following conditions; 1) the
specified structure be erected within twelve (12) months; 2)
the structure be occupied by the homesteader for a period of
not less than thirty-six months.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMPTROLLER
NO. 12
AUDIT & CONTROL
EXEMPT STAFF
FORFEITURE OF 2000-2001
MANDATED 3% RAISES
I am informing this legislative body that the exempt staff
from the Department of Audit & Control have voluntarily
decided to refuse the 3% raises for the 2000-2001 fiscal year
that they an otherwise entitled to pursuant to Section 24-14
(c) of the new City Charter. The persons involve from the
department are as follows:
Deputy ComptrollerMaurice Garner
Executive AssistantTony Farina
Executive Staff ManagerJeffrey Tooke
City AccountantAnne Forti-Sciarrino
City AuditorFrank Belliotti
Investment OfficerAndy SanFilippo
Secretary to ComptrollerJanice Burgstahler
Confidential Secretary to ComptrollerAnita Irene
It was originally intended that these individuals would
voluntarily refuse the mandated 3% raises fo the 2000-2001
fiscal year, especially due to the salary upgrades previously
enacted at the start of in administration. This was reflected
within the 2000-2001 budget request submitted to the Mayor
for this department. We have been informed, however,
through discussions with the Budget Office that this action
requires the filing of a communication to the Council in order
to rescind the 36/, raises otherwise mandated in the City
Charter for all exempt employees.
Therefore, on behalf of the above-named individuals, I am
requesting that the Council adopt resolution refusing the
2000-2001 salary increase for the above exempt titles.
RECEIVED AND FILED
NO. 13
AUDITED FINANCIAL STATEMENTS AND
OTHER FINANCIAL INFORMATION -
CITY OF BUFFALO ENTERPRISE FUND -
DUNN TIRE PARK
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the City of
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Buffalo Enterprise Fund - Dunn Tire Park for the period
ended March 31, 2000 and 1999 with Report of Independent
Auditors have been delivered to each to Councilmember, the
Common Council Chief of Staff, the City Clerk, the Mayor
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
ADMINSTRATION AND FINANCE
NO. 14
INTERFUND LOAN
Over the last six years, the City has provided interfund
loans from the City General Fund to The City, Board and
Enterprise Capital Projects Funds to implement financing of
the Capital Improvements Budget. The interfund loans are
repaid when the Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance
projects and we will not reenter the bond market at this time.
We are requesting that you approve interfund cash loan from
the General Fund to the City's Capital Projects Fund in the
amount of $600,000 against the 1999-2000 Capital
Improvement Budget for Citywide Parks & Playground
Improvements 99-00. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From ToAccount
Repayment Date
1000 General 3000 Capital Projects
35640206BAN/Bond Sale Total 600,000
Pursuant to the City's Capital Budget/Debt Management
Policy, the City expects to issue bonds in the amount of
$23,000,000 for City Projects during the Fiscal Year
2000/2001. Currently, there are nine (9) City Projects with
outstanding interfund loans totaling $8,550,000*, not
including this project. Future projects that can be interfund
loaned or included in the 2000/2001 debt issue will be limited
to $12,950,000.
*Please be advised that once an interfund loan has been
approved, the City is committed to the total cost of the
project regardless of the amount advanced. Also, attached is
a listing of the outstanding interfund loans approved by
Council. The total authorized on the attached list includes
the current request.
REFERRED TO TNE COMMITTEE ON FINANCE AND
COMMISSIONER OF PUBLIC WORKS
FROM THE PRESIDENT OF THE COUNCIL
NO. 15
APPOINTMENT TO THE CITIZEN'S
PLANNING COUNCIL
I am appointing the following individuals to the Citizen's
Planning Council. They are all well qualified to serve.
Jesse Schnell an Architect with Flynn Battaglia Architects,
PC Mr. Schnell resides at 460 Norwood Avenue in Buffalo.
Clinton E. Brown an Architect and Proprietor of his
Architectural Firm, resides at 408 Ashland Avenue in the City
of Buffalo.
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Robert E. Baines is the Pastor of Zion Missionary Baptist
Church and has served on various City Boards. Reverend
Baines resides at 166 East Ferry Street in the City of Buffalo.
Rev. Miguel Martinez, 206 Main Street, Buffalo, New York,
(716)895-0425
ADOPTED
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment Effective October 2, 2000 In the Department
of Assessment and Taxation to the Position of Account Clerk
Typist, Permanent Appointment at the maximum starting
salary of $27,859
Patricia A. Pinelli, 92 Midland Street, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF MANAGEMENT
INFORMATION SYSTEMS
NO. 17
CERTIFICATE OF APPOINTMENT
Appointment Effective in the Department of Management
Information Systems to the Position of Computer
Programmer, PERMANENT APPOINTMENT at the
SECOND STEP of $38,024
Michael Rivera, 53 West Ave, Buffalo NY 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS
Councilmember Brown now took his seat at 2:22 p.m.
No.18
Notification Serial #9223
Install No Parking on North Fillmore Avenue, East side
from a point 20' south of the shipping
entrance to Buffalo Technologies Corporation
to a point 80' north therefrom. (Opposite
#1600 North Fillmore - St. Augustine's Center.)
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY
North Fillmore Avenue, cast side from a point 20' south of
the shipping entrance to Buffalo Technologies Corporation to
a point 80' north therefrom. (Opposite #1600 North Fillmore -
St. Augustine's Center.)
PROHIBITED PERIOD
At all times.
This action is being taken in order to facilitate ingress and
egress of trucks at the shipping entrance for Buffalo
Technologies Corporation.
RECEIVED AND FILED
No.19
Report of Bids
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Grove Street Reconstruction
Grove St. and Hinman Intersection
Group #544
Item #126, C.C.P. 3/3/98
This is to advise Your Honorable Body that I have
advertised and received public bids on Oct. 4, 2000 f the
Grove Street Reconstruction Project - Grove St. and Hinman
Ave. Intersection - Group #544.
In obtaining bids for the above project, I have asked for bids
on a unit price basis 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 to bid. The following bids were received:
Contractor Base Bid Unit Bid
Increase
1. Janik Paving & Construction, Inc $51,166.60
$56,283.26
2. ABP Concrete Construction, Inc. $51,475.00
$56,591.66
3. Destro & Brothers Concrete Co., Inc.$55,880.00
$60,996.66
4. C. Destro Development Co., Inc. $61,595.00
$66,711.66
5. Master's Edge, Inc. $73,850.00
$78,966.66
I hereby certify that the lowest responsible bidder for the
above project is Janik Paving & Construction, Inc.
I respectfully recommend that Your Honorable Body
authorize a contract award in the amount of $56,283.26
(base bid of $51,166.60 plus [10% unit price increases]
$5,116.66 = total award $56,283.26) Funds for this project
are available in our Capital Account No. 34310506-445 100.
The engineer's estimate for this work is $50,000.00.
The attached is certified to be a true and correct statement
of the two (2) lowest bids received. Under the ( provisions of
the General Municipal Law, any of the bidders may withdraw
his bid if an award of the contract is not made by November
17, 2000. 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, Parks and Streets dated
October 5, 2000, be received and filed; and That the
Commissioner of Public Works, Parks and Streets, be, and
he hereby is authorized to award a contract for the Grove
Street Reconstruction Project - Grove Street and Himan
Intersection - Group #544 to Janik Paving & Construction,
Inc., the lowest responsible bidder, in the amount of
$56,283.26 (base bid of $51,166.60 plus [10% unit price
increase] $5,116.66 = total award $56,283.26). Funds for the
project are available in our Capital Account No.
34310506-445 100.
PASSED
AYES - 13 - NOES - 0
No.20
Change in Contract
Apollo Theater
(item #26, C.C.P. 09/05/2000
The Common Council has requested information regarding
the satellite capabilities of the operations at the Apollo
Theater.
Please be advised that at this point there are no satellite
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capabilities at BMTC at the Apollo, although the design of
the building made accommodations for the addition of
satellite dishes at some point. In the future we will consider
the inclusion of satellite capabilities as part of the overall
capital plan for the building. This may include a satellite dish
to receive specific types of programming (such as
educational programs from CPB Annenberg) and/or one that
would give us the ability to use satellite uplinks for
videoconferencing.
RECEIVED AND FILED
No.21
Change in Contract
Old First Ward Reconstruction
General Construction
I hereby submit to Your Honorable Body the following
changes for the Old First Ward Reconstruction, General
Construction, New Era Construction, Inc., C #92010038.
1 .Furnish and install a new column in the instructors
office as required by City Permit Review Office. The project,
as bid, called for the roof support beam to bear on the
existing wall of the building. In order to issue the building
permit, a column was required by the Code Review
personnel. Add $ 2,632.00
The foregoing changed results in a net increase in the
contract of Two Thousand Six Hundred Thirty Two and
00/100 Dollars ($2,632.00).
Summary: Current Contract Amount $
274,309.00
Amount of This Change Order (#2) Add $
2,632.00
Revised Contract Amount $
276,941.00
Costs have been reviewed by the Consulting Architect
(Biedny & Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable.
Funds for this work are available in CPF 30341006- Division
of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to issue a
change order to the contractor as set forth above.
Mrs. LoTempio Moved: That the above communication from
the Commissioner of Public Works, Parks and Streets dated
October 6, 2000, be received and filed; and That the
Commissioner of Public Works, Parks and Streets be, and
he hereby is authorized to issue change order No. 2, to New
Era Construction, Inc., an increase in the amount of
$2,632.00, as more fully described in the above
communication, for work relating to Old First Ward
Reconstruction, General Construction, C #92010038. Funds
for this project are available in CPF 30341006-Division of
Buildings.
PASSED
AYES - 13 - NOES - 0
No.22
City of Buffalo Traffic Safety
Educational Program Approval
of Grant - 10/1/00 to 9/30/01
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 $69,300. With this
grant, the City would enter into contract agreement with a
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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 $4,500.00
reimbursement for supplies, postage, travel, materials and
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 Avenue, Buffalo, NY
14216, to provide the serviced of the project director at a
base cost of $48,000 plus 35% fringe benefits. The director's
salary will be reimbursed by the State under the terms of the
grant. Mrs. Cartonia was chosen as the director because of
her prior experience working on similar projects and as
director of these grants for the past eight (8) 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, Parks and Streets dated
October 5, 2000, be received and filed-,and That the
Commissioner of Public Works, Parks and Streets be, and
he hereby is authorized to accept a grant from the New York
State Governor's Traffic Safety Committee and to enter into
an agreement with Ms. Francina Cartonia, 199 Virgil Ave. ,
to provide the services of the project director at a base cost
of $48,000.00 plus 35% fringe Benefits. That 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 - 13 - NOES - 0
NO.24
Permission to Engage Consultant
New Fire Station - Engine 18, Ladder 11
NE Corner Fillmore & Sycamore
I respectfully request Your Honorable Body's permission
to engage an architectural/ engineering consultant to design,
prepare construction documents, advertise and receive bids
for the construction of the proposed new Engine 18, Ladder
11 Fire Station at the NE Corner of Fillmore & Sycamore.
Funds for this work will come from the Reserve for Planning
and be transferred into the appropriate account in the
Division of Buildings.
Mrs. LoTempio Moved: That the above communication from
the Commissioner of Public Works, Parks and Streets dated
October 5, 2000 be received and filed; and That the
Commissioner of Public Works, Parks and Streets be, and
he hereby is authorized to engage an
architectural/engineering consultant to design, prepare
construction documents, advertise and receive bids for the
construction of the proposed new Engine 18, Ladder I I Fire
Station at the NE Corner of Fillmore & Sycamore. Funds for
this project are available in Reserve for Planning and will be
transferred into the appropriate account in the Division of
Buildings.
PASSED
AYES - 13 - NOES - 0
Page 12
00-1017.txt
NO. 25
Reduction in Retention
Niagara Falls Blvd.
Contract #92010039
North America Const. Co., Inc.
Item No. 426 of CCP 6/29/99
I hereby submit to your Honorable Body the following
request for a reduction in retention for the subject project.
This project is virtually complete with the exception of minor
punch list items and additional trees, which were added to
the project. Therefore, I am requesting your Honorable
Body's authorization to reduce the retention on this contract
to approximately $17,000.00. It is the opinion of our
Consulting Engineer and this Department that the retention
proposed is sufficient to guarantee completion of the
contract by December 2000. It is respectfully requested, and
I hereby recommend, that your Honorable Body authorize a
reduction in retention from approximately $117,000.00 to
$17,000.00 to North America Construction Co., Inc. Mrs.
LoTempio Moved: That the above communication from the
Commissioner of Public Works, Parks and Streets dated
October 12, 2000, be received and filed; and That the
Commissioner of Public Works, Parks and Streets be, and
he hereby is authorized to reduce the retention from
$117,000.00 to $17,000.00 to North America Construction
Co., Inc. for Niagara Falls Boulevard Contract #92010039.
PASSED
AYES - 13 - NOES - 0
NO.26
Resolution and Agreements - NYSDOT Michigan Avenue
Bridge Over Exchange Street and CSX - Conrail
PIN 5754.55 BIN 2260610
I hereby request that your Honorable Body approve a
resolution authorizing the Mayor to enter into all necessary
agreements with the New York State Department of
Transportation (NYSDOT) to design, construct and
administer this project and also endorsing the City's
commitment to this project.
In addition the City agrees to pay all necessary costs
associated with first instance funding and the Federal./N on
-Federal shares of the necessary project phases. Funds for
this purpose are available in our Capital Project Account for
Local Match of Federal Highway Projects.
Mrs. LoTempio Moved: That the above communication from
the Commissioner of Public Works, Parks and Streets dated
October 12, 2000 be received and filed; and That the Mayor
be, and he hereby is authorized to enter into all necessary
agreements with the New York State Department of
Transportation to design, construct and administer Michigan
Avenue Bridge over Exchange Street and CSX - Conrail PIN
5754.55 BIN 2260610. Funds for this project are available in
the Capital Project Account for Local Match of Federal
Highway Projects.
PASSED
AYES - 13 - NOES - 0
No.27
Temporary Roadway Easement
Squaw island
Request of
U.S. Army Corps of Engineers
Page 13
00-1017.txt
The U.S. Army Corps of Engineers have asked me to
convey to the Common Council their request that the City of
Buffalo grant to the United States of America a temporary
36-month easement for road right-of-way through Squaw
Island. The purpose of the temporary right-of-way easement
is to provide access for maintenance and repair of the Black
Rock Lock. The City of Buffalo, under a consent order with
the New York State Department of Environmental and
Conservation (NYSDEC), is presently conducting a
multiphase construction project for the closing and park
development of the former Squaw Island Landfill site. Our
project affects the same general area that would be crossed
by the right-of-way easement requested by the Corps of
Engineers. I have reviewed the proposed easement request
with our consultant engineers, Malcolm Pirnie, Inc., and find
that it will not interfere with our project. Therefore, as
Commissioner of Public Works, Parks and Recreation, I
herein recommend that Your Honorable Body authorize
myself to approve a right-of-way agreement between the
City and the United States of America.
Mrs. LoTempio Moved: That the above communication from
the Commissioner of Public Works, Parks and, Streets dated
October 6, 2000 be received and filed; and That the
Commissioner of Public Works, Parks and Streets be, and
he hereby is authorized to grant to the United State of
America a temporary 36-month easement for road
right-of-way through Squaw Island.
PASSED
AYES - 13 - NOES - 0
NO.28
FROM THE COMMISSIONER OF POLICE
M. Badger-Bethesda Full Gospel Church -
Eliminate Drug Traffic Around Church"
(978 CCP June 27, 2000]
478, CCP June 27,2000]
The Buffalo Police Department's Narcotics Division and
members of the B-District station have executed search
warrants and have made several street arrests with regard to
the above mentioned complaint. However, these efforts have
proven to be insufficient in providing a lasting solution to the
source of the problem in question: the patients from the
methadone clinic are assembling on the corner of Main and
E. Utica. This is a result of an extensive time lapse that
occurs from the time that the patients at the methadone
clinic, located on the comer of Main and Barker, receive their
methadone (morning) and the time that they are counseled
(afternoon). Accordingly, they assemble at the corner of
Main and E. Utica until their appointed time for counseling.
Consequently, this has been the cause for drug dealers from
different locations throughout the city a chance to gather in
this area and solicit the patients from the clinic (drug
addicts).
The Buffalo Police Department has discovered that this
assemblage is quite problematic for the various businesses
and the aforementioned church in that area: assaults have
taken place, drug dealing is present, and larcenies from
various establishments in the area are commonplace as a
result. A representative from the Office of the Police
Commissioner is engaging in a continuing dialogue with
Senior Pastor Michael Badger, producing a collaborative
effort in addressing this problem. They have decided that the
next step in solving this problem is to address the
Page 14
00-1017.txt
administration at the methadone clinic with regard to the
noted time lapse, affording all parties involved a chance to
contribute to a favorable and lasting solution.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION AND BETHESDA CHURCH
NO.29
J.BURKE & O-ADDL. SPEED ENF.- VAR. STS.
UNIV.BLK CLUB AREA
#111,CCP JULY 11, 2000
In response to #111 CCP July 11, 2000, please be
assured that I too share their concerns about the speeders in
this area of the city. As a result I have directed Inspector
Andrews of District E to step up traffic enforcement in this
area. In addition, I have also informed Captain Jurewicz of
the Traffic Division to assign Officers to this area for
additional enforcement.
If you have any further questions or comments about this
problem, please call E District Captain Young at 851-4416.
No.30
Drug Asset Forfeiture Checks Received
Item No. 104, CCP 2/2/88
8155-00112290 C2-00-0061
$5,908.70
8155-00112294 C2-00-0075
3,698.35
8155-00112291 C2-00-0075
1,448.35
8155-00112370 C2-00-0080
621.55
8155-00112374 C2-00-0090
4,307.45
8155-00112302 C2-00-0100
1,220.35
8155-00112304 C2-00-0102
2,495.35
8155-00112376 C2-00-0105
2,457.23
8155-00112378 C2-00-0010
526,834.63
TOTAL DEPOSIT
48,991.96
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,#20010000-389001. These
funds will be placed into one or more of the following
accounts as deemed by the Commissioner of Police:
Educational Training/Seminar Confidential Funds
Materials and Supplies Firearms and
Weapons
Communications and Computers Electrical
Surveillance
Purchase of Services Improvements
Vehicles Operating Equipment
If you have any questions regarding the above mentioned,
please contact Inspector John Brill at 851-4514.
RECEIVED AND FILED
No.31
R. Fontana - S. Lesniak & Others -
Support C.O.P.S. Satellite Station in
Page 15
00-1017.txt
New Machnica Center]
Item #77, CCP October 3, 2000
In response to the above item, please be advised that the
Department has instituted specific criteria related to
establishing C.O.P.S. Satellite Stations. The criteria include,
but are not limited to Council support in providing funds for
Vista staff, community support in providing V.I.A.B.L.E.
volunteers to staff the satellite, as well as a site location
deemed suitable by the Department. For further information,
please feel free to contact my office at your convenience.
REFERRED TO THE COMMITTEE ON FINANCE
NO.32
B. GRANT INFO, PHOTOS - ABC HARDWARE
ITEM# 66 CCP OCTOBER 3, 2000
I have reviewed the lettersent to Mayor Masiello and
Councilmember Grant by Mr. Brett Begley of ABC Hardware.
I too, am distressed at the vandalism and theft problems that
have occurred to such a solid businessman as Mr. Bigley.
Consequently, I directed Chief of Patrol Larry Ramunno to
investigate this matter. Chief Ramunno reports that he has
spoken with Inspector Andrews of E-District and the
following measures are currently being taken.
1. The Gang Suppression Unit has been directed to give
this area immediate attention.
2. CPO Gerald Smith has been sent to advise Mr. Begley
on related issues.
3. A meeting will be arranged with Mr. Begley, CPO
Smith, PO Jim Panos, and Captain Leggio to develop
ways to insure that such incidents do not occur again.
REFERRED TO THE COMMITTEE UNIVERSITY DISTRICT
ANTI CRIME TASK FORCE
No.33
Old Motorola Radio Base Stations
We are respectfully requesting your permission to trade
five (5) of our old and antiquated Motorola MSF5000 Radio
Base Stations for five (5) new Motorola Quantar Radio Base
Stations. Motorola has agreed to remove the old equipment
and credit the City $5,000.00 for each old base station,
leaving a balance of $8,006.00 payable per new station (total
order for the five (5) new will be $40,030.00).
The antiquated MSF5000 Base Stations do not have City of
Buffalo property stickers on them. We do however have the
following information pertaining to each one:
DESCRIPTION MODEL NUMBER
MSF5000 UHFRPT C74CLB7106AT
MSF5000 UHFRPT C74CLB7106AT
MSF5000 UHFRPT C74CLB7106AT
MSF5000 UHFRPT C74CLB7106AT
MSF5000 UHFRPT C74CLB7106AT
SERIAL NUMBER LOCATION
474CMWO002 2601 City Hall - BPD CH-3
474CMWO003 2601 City Hall - BPD CH-1
474CMWO004 2601 City Hall - BPD CH-2
474CMWO007 2601 City Hall - BPD CH-4
474CMWO008 2601 City Hall - BPD CH-5
Mrs. LoTempio Moved That the above communication from
the Police Department dated October 4, 2000, be received
and filed, and That the Commissioner of Police and
Administration and Finance be, and they hereby are
authorized to trade five (5) old and antiquated Motorola
MSF5000 Radio Base Stations, as listed in the above
Page 16
00-1017.txt
communication, for five (5) new Motorola Quantar Radio
Base Stations. Motorola has agreed to remove the old
equipment and credit the City $5,000.00 for each old base
station, leaving a balance of $8,006.00 payable per new
station (total order for the five (5) new will be $40,030.00
PASSED
AYES-13-NOES-0
NO.34
Certificate of Appointment
Appointment Effective: September 27, 2000 in the
Department of: Police to the Position of: Superintendent of
Fleet Maintenance Starting Salary of $ 39,806 Frank J.
Puma, Sr. 50 Coburg Street Buffalo, New
ORG. CODE/OBJECT CODE 12022001-411001
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
No.35
Comer Consent Decree and
Lakeview HOPE VI
C.C.P., 09/05/00, No. 81
You asked the Law Department questions regarding the
timing of the Comer public housing Consent Decree and the
HOPE VI Lakeview project. The Consent Decree set out a
timeline for activities known or projected as of its initial
enactment in September 1996 and its amendment (due to
the denial of full funding for the Buffalo Municipal Housing
Authority's initial HOPE VI application) in June 1997. One of
the undefined areas in the Consent Decree was Lakeview
HOPE VI. The Decree set no timetable for this particular
portion of the Decree due to the uncertainty of whether the
United States Department of Housing and Urban
Development ("HUD") would accept and fully fund the
BMHA's Lakeview HOPE VI application. Generally, the City
and the other Defendants HUD and BMHA's commitments
under the Consent Decree generally expire on June 2002,
five years from entry of the Amended Consent Decree. The
HOPE VI application process itself may have deadlines for
approvals, in particular to satisfy the various funding sources
that progress is being made, but we are not aware of them.
One deadline stated by BMHA Executive Director Sharon
West was the Empire State Development's loan application
deadline of the first week of November. According to the
Consent Decree, the City has limited obligations regarding
Lakeview and HOPE VI. The BNMA is to agree with the
Comer Plaintiffs on a Reduction and Revitalization Plan for
Lakeview, which would reconfigure and/or demolish units in
Lakeview to reduce the total number of units by 100. The
BNR-IA then submits this plan (in the form of a HOPE VI
application) to HUD for approval. Part of that application
process includes the planning approval by the City, but this
is not a condition under the Consent Decree. If HUD rejects
that application, under the Decree the BMHA agrees to
reapply. (Amended Consent Decree T 17.) The City, in turn,
"agreed to participate in this effort to revitalize the
neighborhood in which" Lakeview (and three other
developments named in the Decree) is located (Amended
Consent Decree T 17), as well as plan "systematic code
enforcement targeted to improve maintenance, stability and
economic resources of the neighborhoods surrounding"
Lakeview and the other named developments (Amended
Consent Decree T 58). Recently, counsel for the parties had
Page 17
00-1017.txt
discussions regarding the latest proposed HOPE VI
application and Plaintiffs' concern about it. Some of this
discussion included the possibility of amending the Consent
Decree again (for example, to extend its term to cover at
least the beginning of construction of the Lakeview HOPE VI
project). These discussions, however, are ongoing and are
not yet final.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
No.36
Minority Business Enterprise Committee
As discussed at the Minority Business Enterprise
Committee meeting of September 11, 2000, 1 have reviewed
ordinances and mayoral orders from Detroit, Michigan, and
ordinance from Syracuse, New York, creating either a local
resident preference (Detroit) or minority/women business
enterprise participation goals (Syracuse). I also researched
whether these orders and ordinances have been challenged
and the underlying legality of the provisions.
Detroit--Local Resident Preference
Previously, Detroit had a Minority and Women-Owned
Business participation program that was upset on Croson
grounds, Arrow Office Supply Co. v. City of Detroit, 826 F.
Supp. 1072 (E.D. Mich. 1993). Detroit's present orders and
ordinances create a race and gender neutral preference for
city residents. While this approach is constitutional from an
Equal Protection Clause challenge, it may not be lawful in
New York under the General Municipal Law. Michigan law
does not require municipalities to contract with the lowest
responsible bidder.
As stated in my April 19, 2000, letter, the New York General
Municipal Law 103 requires Buffalo to award contracts for
public works valued over $7,000 to the lowest responsible
bidder. Gen. Mun. Law 103(l). General Municipal Law
100-a states that the policy for the public bidding statutes is
for the "prudent and economical use of public monies for the
benefit of all the inhabitants of the state and to facilitate the
acquisition of facilities and commodities of maximum quality
at the lowest possible price." (Emphasis added.) Political
boundaries are not a proper bid requirement to authorize a
municipality to require successful bidders to have facilities
within their boundaries, Warren Bros. Co., Div. of Ashland
Oil & Refining Co. v. Craner, 30 A.D.2d 437, 439-40 (4th
Dep't 1968); see American Institute of Steel v. County of
Erie, 32 A.D.2d 231, 232 (4th Dep't 1969) (holding that Erie
County Legislature lacked authority to enact domestic steel
requirement for public works bids as conflicting Gen. Mun.
Law, quoting 100-a); Op. Atty. Gen. 83-46 (Inf), 1104,
1108-09 (1983); 10 Op. St. Compt. 404 (No. 7003); see also
18 Op. St. Compt. 370, 370 (1962) (No. 62-784) (opinion
that specific geographic area, here
radius from firehouse, is unwise and, if found to be
manipulative if it shuts out competition, is illegal). The
municipality may not add as an additional requirement that
the contract only be awarded to resident lowest responsible
bidders since that requirement has not been set by the New
York State Legislature, especially if the requirement's effect
is to defeat the purposes of the public bidding statutes (free
competition among various suppliers resulting in the lowest
price for the municipality). 10 Op. St. Compt. at 404 (No.
7003).
Syracuse--Minority and Women Business Participation
Page 18
00-1017.txt
Goals
Syracuse enacted its MBE/WBE program ordinance in 1991,
with a three-year sunset provision. In 1994 and 1997
Syracuse reenacted the ordinance (and now is considering
its reenactment). That city's ordinance, with 9% MBE and
6% of WBE participation goals, was enacted after a legal
challenge raised by minority contractors alleging denial of
opportunity to city contracts. The city then conducted a
Croson study, which concluded that a MBE/WBE program at
the goal percentages stated above was warranted. In 1997
and this year, Syracuse conducted further studies and found
that the goals were still warranted. Syracuse's MBE/WBE
ordinance has not been legally challenged, in part due to the
relatively low participation goals. That city (also governed by
the General Municipal Law) selects its prime contractors
from the lowest responsible bidder, using compliance with its
MBE/WBE program goals as a determinant of whether a
bidder is responsible. I have not found authority, however,
defining a "responsible" bidder under the public bidding laws
as a prime contractor which meets minority or women
business participation goals. Prime contractor bidders can
waive out of the MBE/WBE goals if they establish to
Syracuse's equivalent of its contract compliance office a
bidder's inability to retain qualified N1BE or W13E firms
despite the good faith efforts. While there is no state
statutory authorization for the ordinance, it was enacted as a
local law under Syracuse's home rule powers under the
Municipal Home Rule Law and such powers were not
expressly preempted by the state.
Syracuse's ordinance may withstand scrutiny because (1)
that city conducted studies to establish and reinforce the
need for participation goals as well as the setting the level of
the goals, (2) the goals found were low enough not to attract
opposition, (3) the sunset provision of the ordinance allows
for reexamination of the policy and its goals and makes the
goals more remedial, and (4) factually, Syracuse's poor
economy has not raised potential challengers. By adhering
to the lowest responsible bidder, Syracuse's ordinance is
consistent with the General Municipal Law public bidding
requirements.
REFERRED TO THE COMMITTTEE ON MINORITY
BUSSINESS ENTERPRISE
No.37
Arthur Osuorah
At the request of the Council President, I am writing to you
to request additional information regarding the release of
Arthur Osuorah from City service. It would help the Council
understand the circumstances leading the release of Mr.
Osuorah if you would provide a timeline detailing Mr.
Osuorah's tenure with the City and outline what actions the
Municipal Civil Service Commission took in relation to his
employment during that time. Specifically, could you address
the question of whether Mr. Osuorah's appointment was ever
approved by the Civil Service Commission. It may be helpful
if you would also provide any correspondence between the
Commission, Mr. Osuorah and his employer, the
Commissioner of Public Works. Thank you for your
cooperation in this matter. I would ask that you please file
your response with the City Clerk. However, I recommend
that you be prepared to discuss this information at the
Common Council's Civil Service Committee meeting of
October 10, 2000.
Page 19
00-1017.txt
RECIVED AND FILED
No.38
Stuart Alexander
At the request of the Council President, I am writing to you
about the nature of the City's relationship with Stuart
Alexander and his firm, Stuart Alexander and Associates.
The Council has become aware of a Consultant Service
Contract between Mr. Alexander and the Buffalo
Neighborhood Revitalization Corporation ("BNRC"). Since
Mr. Alexander is also associated with the Buffalo Municipal
Housing Authority ("BMHA") in an official capacity, in the
interests of full disclosure, the Council would like additional
information to the extent you can provide such information.
Pursuant to the Consultant Service Contract, what exactly
has Mr. Alexander done for BNRC under the direction of the
Office of Strategic Planning/Department of Community
Development? How much was he paid for his services and
how was that dollar figure determined? Has Mr. Alexander
filed any progress reports on the work he has done and
could you file those reports with the Council? Are there any
other consultant agreements with Mr. Alexander and BNRC
beyond the one that expired on July 30,2000?
Are you aware of any other agreements Mr. Alexander or his
firm may have with the BMHA or with Israel Roizman? If so,
what do those agreements entail and how much is Mr.
Alexander being compensated pursuant to those
agreements? Are you aware of any other contracts that Mr.
Alexander or his firm have with the Buffalo Board of
Education or any other City of Buffalo-affiliated agency?
Please file your response with the City Clerk. Thank you for
your cooperation.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 39
Stuart Alexander Consulting
Services Contract
Item No. 64, C.C.P., 10/3/00
You requested a response from the Law Department
regarding the continuation of the consultant services contract
between Stuart Alexander and the Buffalo Neighborhood
Revitalization Corporation ("BNRC"). Mr. Alexander currently
serves on the Board of Commissioners of the Buffalo
Municipal Housing Authority ("BMHA").
It is permissible for Mr. Alexander to contract with the BNRC.
Mr. Alexander's status as a BMHA Commissioner does not
make him ineligible. The BNRC is a separate legal entity
from the City and should not be considered a department or
subset of the City. Conversely, the BMHA is a separate
entity from the City and the BNRC. Though both entities
have housing and neighborhood-based missions, they have
different functions that do not preclude an individual from
serving both entities.
Section 30 (4) of the Public Housing Law prohibits more than
one employee of a municipality from serving on the Board at
any one time. Since Mr. Alexander is not an employee of the
City, his contract is not barred by that provision. Section 36
of the Public Housing Law prohibits members of the
Authority from having an interest in any project or property of
the Authority. If there is an interest in a project or property, it
must be disclosed to the Authority. Upon information and
belief, though the contract is with another legal entity, Mr.
Page 20
00-1017.txt
Alexander did disclose the contract to the Authority at an
open meeting of the Board.
REFERRED TO THE COMMITTEE ON COMMUNITY
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO.40
Chambless, Metro Policing-
Funeral Procession Escorts
#82 C.C.P. September 5, 2000
In response to the aforementioned item, the Department of
Permit & Inspection Services Office of Licenses has the
following questions and concerns regarding this matter. As
the New York State Vehicle and Traffic Laws govern the
rules of the road and the city cannot supercede any of these
regulations, are there any additional rules and or regulations
that the city can actually enact to effectively regulate this
industry? By regulating and or licensing this industry does
the city have any liabilities should there be any claims in
regards to this service? Can this service be provided by
non-emergency personnel, without the authority to break
traffic lights and signs? As this service is presently being
provided by the Buffalo Police Department's Traffic Division,
it is the opinion of this office that the Traffic Division could
and should provide the expertise as to rules and regulations
needed and as to whether or not there have been any
problems to date with private funeral escorts.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.41
S. Guranino, complaint of
demolition 1191 West
Item No. 10 1 C.C.P. 9/5/00
In response to the above stated Common Council
communication, I would like to supply your Honorable Body
with the following information. Upon receipt of this inquiry as
to the condition of the parcel after the razing of the structure
Building Inspector Larry Schiavone was dispatched. The
contractor in question is Topar Demolition. This contractor
was notified by Building Inspector Schiavone on July 17,
2000 of the need to re-grade this property. Building Inspect(
Schiavone had re-inspected the property on September 18,
2000. Inspector Schiavone has again notified the contractor (
the problems at this site. The Contractor has assured the
Department of Permit and Inspection Services that this
re-grading of the property will be completed in a timely
fashion. It is my sincere hope that this response satisfies
your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 42
HEATING ORDINANCE
In response to the above stated Common Council
communication I would like to supply your honorable body
with the following information. Section 238-13 E. , and F. as
listed in the attached Common Council resolution is needed
by the Examining Board of Heating and the Director of
Permit and Inspection Services to set the criteria needed to
enforce the proper disciplinary action in relation to license
infractions. We in the Department of Permit and Inspection
Services support the implementation of this ordinance
amendment and hope your Honorable Body will pass this
resolution into law. It is my sincere hope that this response
Page 21
00-1017.txt
satisfies your inquiry,
RECEIVED AND FILED
NO. 43
ORDINANCE AMENDMENT, CHAPTER 175, FEES
In reference to the above stated Common Council
communication I would like to supply your Honorable Body
with the following information. As currently written the
revision to Section 175 fees governing Chapter 66 may be
confusing when being interpreted by different individuals.
The purpose of this proposed legislation is to set a base
benchmark for if and when the permit fees are reviewed and
adjusted. This should be done in three separate categories
each listing the four- (4) separate actions that will require a
permit. The three categories should be, one for examination
of plans and permit fees, second for original installation fee
and third for annual inspection fees. Thus Chapter 175
should be amended to read as follows
Chapter 66, Air Pollution
66-11 Fuel or refuse burning plant equipment and device
permit
Examination of plans for the purpose of issuing a permit
The furnace volume of which does not exceed 25 cubic feet
or$21.00
equivalent or the BTU input per hour of which does not
exceed 1,5000,000 for each unit. $21.00
The furnace volume of which is greater than 25 cubic feet
but $26.25
not in excess of 50 cubic feet or equivalent or the BTU input
per hour of which is greater than 1,500,000 but does not
exceed
3,000,000 for each unit. $26.25
The furnace volume of which is greater than 50 cubic feet
but not in excess of 100 cubic feet or equivalent or the BTU
input per hour of which is greater than 3,000,000 but is not in
excess OF 6,000.000for each unit. $31.50
The furnace volume of which is greater than 100 cubic feet
or$42.00
equivalent or the BTU input per hour of which is greater than
6,000,000 for each unit $42.00
Original inspection for the purpose of issuing an original
Certificate of Operation
The furnace volume of which does not exceed 25 cubic feet
orequivalent or the BTU input per hour of which does not
exceed
1,5000,000 for each unit. $21.00
The furnace volume of which is greater than 25 cubic feet
but$26.25
not in excess of 50 cubic feet or equivalent or the BTU input
Per hour of which is greater than 1,500,000 but does not
exceed
3,000,000 for each unit. $26.25
The furnace volume of which is greater than 50 cubic feet
but not in excess of 100 cubic feet or equivalent or the BTU
input per hour of which is greater than 3,000,000 but is not in
excess of 6,000.000for each unit. $42.00
The furnace volume of which is greater than 100 cubic feet
or equivalent or the BTU input per hour of which is greater
than 6,000,000 for each unit $42.00
Annual Inspection for the purpose of issuing an annual
certificate of operation
The furnace volume of which does not exceed 25 cubic feet
or$21.00
Page 22
00-1017.txt
equivalent or the BTU input per hour of which does not
exceed
1,5000,000 for each unit. *$21.00
The furnace volume of which is greater than 25 cubic feet
but$26.25
not in excess of 50 cubic feet or equivalent or the BTU input
per hour of which is greater than 1,500,000 but does not
exceed
3,000,000 for each unit.$26.25
The furnace volume of which is greater than 50 cubic feet
but$31.50
not in excess of 100 cubic feet or equivalent or the BTU
input
per hour of which is greater than 3,000,000 but is not in
excess
of 6,000.000for each unit. $ 31.50
The furnace volume of which is greater than 100 cubic feet
or$42.00
equivalent or the BTU input per hour of which is greater than
6,000,000 for each unit $42.00
This approach may seem cumbersome but if and when
permit fees are adjusted to reflect the cost of doing business
today the chore of adjusting these fees will be a matter of
changing the fee portion of the ordinance. If my office can be
of help in this matter, please contact Mr. Timothy Keenan of
the Examining Board of Heating. It is my sincere hope that
this response satisfies your inquiry.
RECEIVED AND FILED
NO. 44
USED CAR DEALER 490 SENECA
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Used Car Dealer License located at 490
Seneca and find that as to form it is correct I have caused an
investigation into the premises for which said application for
a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department
and Building Inspector, I find it complies with all regulations
and other applicable laws. I have caused and investigation
by the Police Department into the moral character of Roberto
Leon. The attached thereto for Roberto Leon d/b/a Leon's
Auto Sales & Service located at 490 Seneca. This request is
submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 45
REIMBURSEMENT OF CERT OF OCCUPANCY 338
ELMWOOD
I am in receipt of your letter dated September 7, 2000 in
regards to the reimbursement of $150.00 for a Certificate of
Occupancy for the property located at 338 Elmwood Avenue
in the City of Buffalo.
Our records indicated that Building Inspector Dennis Jowsey
performed inspections on June 17, 2000 through September
5, 2000, with additional ones in between.
Because the fee covers the inspections that were performed
a refund cannot be given.
If you should have any questions please call me at
851-4945.
Sincerely,
Page 23
00-1017.txt
Gary W. Ziolkowski
RECEIVED AND FILED
NO. 46
CERTIFICATE OF APPOINTMENT
Appointment Effective October 10, 2000 in the
Department of
Permit at Inspection Services, Division of Inspections to the
Position
ofElectrical Inspector Permanent Appointment at the
Intermediate Starting Salary of $ 39,350.
Michael R_ Sullivan,198 Mariement, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 47
CERTIFICATE OF APPOINTMENT
Appointment Effective October 9, 2000 in the Department
of Community Services, Division of Substance Abuse
Services to the Position of Counselor III, Permanent
Appointment at the Intermediate
Starting Salary of $ 30,004
Karen M. Berneski, 211 Brinkman Avenue, Buffalo, NY
14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment Effective October 9, 2000 in the Department
of Community Services, Division of Substance Abuse
Services to the Position of counselor III, Permanent
Appointment at the Maximum Starting Salary of $32,762
Michele Haskins, 340 Crestwood Avenue, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
NO. 49
L.RUBIN-ERIE COUNTY/SOUTHTOWNS
SEWAGE TREATMENT AGENCY
REGIONAL INITIATIVE AND
RUBIN-ERIE COUNTY/SOUTHTOWNS
SEWAGE TREATMENT AGENCY (BSA)
ITEM #96, CCP - JUNE 27,2000
ITEM #8 1, CCP - JULY 11, 2000
The aforementioned items are tabled in the Committee on
Finance and the Council has requested that the Buffalo
Sewer Authority provide an update on the progress of the
Storm Water Management Model that we are constructing.
Please be advised that this project has been delayed and
should be completed by the end of this calendar year. Once
completed, we will provide your Honorable Body with a final
report on this project.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BUFFALO MUNICIPAL HOUSING
AUTHORITY
NO. 50
RESPONSE CONSULTANT SERVICES CONTRACT S.
ALEXANDER
ITEM 9 64, CCP, OCTOBER 3, 2000
You have requested comments and/or recommendations
conceming the above referenced item from the Buffalo
Municipal Housing Authority. Executive Director Sharon
Page 24
00-1017.txt
M. West has requested that I answer on her behalf Please
accept this letter as our response.
Commissioner Stuart Alexander disclosed to the other
members of the Board of Commissioners his intention to
enter into a contractual relationship with the BNRC before
his first contract with that agency was executed. At either the
May, 1999, or June, 1999, regular Board meeting, Mr.
Alexander informed his fellow Board members, Ms. West
and me, that he was contemplating entering into a
contractual agreement with the BNRC. He did not at that
time feet that there would be any conflict caused by this
contract, and requested my opinion. I concurred with Mr.
Alexander that his working as a consultant for the BNRC did
not present a conflict with his position as a Buffalo Municipal
Housing Authority Commissioner. Mr. Alexander's duties as
a Commissioner and his obligations under his contract did
not, and do not, appear to be in conflict in any way.
I hope that this satisfies the Council's request for information.
If it does not, or if more information is required, we will
comply with any requests promptly. Thanking you for your
attention to this matter, I remain,
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 51
$250,000 UDAG FOR THE 655 MAIN STREET PROJECT
Permission is requested of your Honorable Body to utilize
$250,000.00 of Urban Development Action Grant ("UDAG")
funds for the following activity.
A $250,000.00 UDAG loan. The term will be for a twenty five
(25) year period, at a fixed interest rate of 4%, requiring level
amortization payments of principal and interest.
The UDAG together with private funding and equity will
finance the acquisition of the building, the demolition of the
existing facility and the construction thereon of a new luxury
office building of approximately 67,000 sq. ft. The proposed
building will consist of four floors, a ground floor of
office/retail of approximately 5,000 sq. ft. and three floors of
office space of approximately 20,000 sq. ft. each. The first
floor will also have 2,000 sq. ft. of lobby. The project will also
provide on site parking for 80-85 cars.
A detailed project description is attached herewith.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 52
CCP#78-9/19/2000 Concerns-Publication-Public Hrgs.
On Local Laws,Sal. Ordinance Amendments, etc.
Since my appearance before the Council's Finance
Committee regarding my concern over the City Clerk's
obligation under the New Charter to publish public hearings
for all ordinances, salary ordinance amendments, and local
laws not immediately passed by the Council as well as use
permits and rezonings, I have received several bills which
show the increase in the cost of these ads from $130150 to
$275.00 due to this new obligation. Please see the attached
sheets which show the difference in length of the ads before
Page 25
00-1017.txt
and after the requirement as well as having to pay to
advertise in different committees in addition to the duplicate
local law ads for both the Council's and the Mayor's hearing.
In addition, whenever the Council authorizes a waiver of a
user permit fee, this creates an additional problem as we
have to absorb the cost of the advertising. Another cost that
the City Clerk has to absorb is the advertising of LDA's even
though they are initiated by the Office of Strategic Planning.
Because of budgetary constraints, I will have to ask the City
for a reappropriation of funds due to the increase in costs for
the additional ads.
However, for the present, I still would appreciate your
support in removing this obligation from the Charter by
requesting the Corporation Counsel to prepare a local law
and a subsequent referendum for petition for 2001.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 53
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
RECEIVED AND FILED
NO. 54
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
957 Elmwood Cafe Aroma Caffee
Aroma
25 letchworth Coyotes Back Street Wiley
inc
86 Ledger St The Ledger St Pub Ralph
Amoia
189 Stanislaus Miriams Pl Inc Miriam
Stewart
451 elmwood Savros Inc Savros
Malliaris
RECEIVED AND FILED
No. 55
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:
Mayor/Mayor Executive
Strategic Planning Catherine Roberts
Public Works, Streets & Parks- James Ralph,Jacqueline
Gonser
Police- Mary McGuire, Patty Jo Krolikowski
Corporation Counsel- Patricia Pancoe
Community Services- Diane Mackey Colleen Cummings
Management Information Systems Catherine Barton
RECEIVED AND FILED.
NO. 56
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:
Page 26
00-1017.txt
City Planning Board
RECEIVED AND FILED.
NO. 57
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: OCTOBER 05,2000 in the
Department of COMMON COUNCIL to the Position of
INTERN V Seasonal Appt at the flat starting salary of
$8.00/hr
M.arc Elliott-McCarthy,26 Decker St., Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 58
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
Appointment Effective: September 28, 2000 in the
Department of: Administration & Finance Division of:
Inventory & Stores to the Position of: Laborer II (Seasonal)
Appointment Starting Salary of:
$ 6.92 per Hour
Christopher A. Chimera 406 Linden Ave Buffalo, NY 14216
Appointment Effective: October 10, 2000 in the
Department of Administration and Finance, Division of
Parking Enforcement to the Position of Laborer I, Seasonal
Non-Competitive at the Flat Starting Salary of: $6.22
Jeffrey P. Salvo, 98 South Pontiac, Buffalo , NY 14206
Appointment Effective: October 3, 2000 in the Department of
Law to the Position of Intern V, Seasonal Appt at the flat
Starting Salary of $8.00/hr
Michelle Maccagnano, 229 Summit Avenue, Buffalo, NY
14214
Appointment Effective: October 16, 2000 in the Department
of Public Works, Parks and Streets to the Position of Fee
Collector, Seasonal, Non Competitive at the flat Starting
Salary of $5.15/hr
Michael Wacholwicz, 147 Barnard, Buffalo 14206
Appointment Effective: October 5, 2000 in the Department
of Public Works, Parks and Streets to the Position of Fee
Collector, Seasonal, Non Competitive at the flat Starting
Salary of $5.15/hr
Felix Rodriguez, 248 Mystic, Buffalo 14220
Appointment Effective: October 2, 2000 in the Department of
Public Works, Parks and Streets to the Position of Fee
Collector, Seasonal, Non Competitive at the flat Starting
Salary of $5.15/hr
Lori Agostino, 44 Tacoma, Buffalo 14216
Joseph Provenzano, 335 Potomac, Buffalo 14213
Appointment Effective: October 16, 2000 in the Department
of Public Works, Parks and Streets to the Position of Laborer
II, Seasonal, Non Competitive at the flat Starting Salary of
$6.92/hr
Gregory Kelly, 96 Farmer, Buffalo, NY 14207
Page 27
00-1017.txt
Appointment Effective: October 11, 2000 in the Department
of Public Works, Parks and Streets to the Position of Laborer
II, Seasonal, Non Competitive at the flat Starting Salary of
$6.92/hr
Keith R. Siler, 347 Cumberland Avenue, Buffalo, NY 14220
Appointment Effective: October 10, 2000 in the Department
of Public Works, Parks and Streets to the Position of Laborer
II, Seasonal, Non Competitive at the flat Starting Salary of
$6.92/hr
Nicole Savage, 207 West Ferry, Buffalo 14207
Glenn L. Bender, 282 Crestwood, Buffalo, NY 14216
Appointment Effective October 3, 2000 in the Department of
Public Works, Parks and Streets to the Position of Laborer II,
Seasonal, Non Competitive at the flat Starting Salary of
$6.92/hr
Stephen Rogers, 69 19th Street,Buffalo 14213
Appointment Effective: October 2, 2000 in the Department of
Public Works, Parks and Streets to the Position of Laborer II,
Seasonal, Non Competitive at the flat Starting Salary of
$6.92/hr
Christopher M. Zgoda, 101 Ullman, Buffalo, NY 14207
Glenn J. Galli, 188 Pries Avenue, Buffalo, NY 14220
Appointment Effective: October 2, 2000 in the Department of
Public Works, Parks and Streets to the Position of Rink
Attendant, Non Competitive at the flat Starting Salary of
$5.15/hr
Jason Banas, 228 Esser, Buffalo 14207
James Creahan, 96 Shenandoah, Buffalo 14220
Andrew Domino, 250 Crestwood, Buffalo 14216
Lyudmila Gladky, 19 West Lane, Buffalo 14207
Vincent Lopez, 311 Starin, Buffalo 14214
David Paul, 44 Pavonia, Buffalo 15207
Jason Sammarco, 123 Frontenac, Buffalo 14216
Anthony Vitaii, 86 Strathmore Avenue, Buffalo 14220
NO. 59
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.
Appointment Effective: October 10, 2000 in the
Department of Audit and Control to the Position of Senior
Auditor, Temporary Appointment at the Minimum Starting
Salary of $37,204
Jennifer A. LoTempio, 59 Shoshone Street, Buffalo, NY
14214
Appointment Effective: October 11, 2000 in the
Department of Management Information Systems to the
Position of Computer Programmer permanent at the starting
salary of $36,509
J. Springer, 20 Lexington Apt 3a Buffalo, NY 14222.
Appointment Effective: September 18, 2000 in the
Department of Police to the Position of Crossing Guard,
Temporary, Non-Competitive at the minimum Starting Salary
of $7.09/hr
Theresa Longo, 86 Brinton St., Buffalo, NY 14214
Ambrosia. Rosado, 148 Jersey St., Buffalo, NY 14201
Appointment Effective: October 2, 2000 in the Department of
Public Works, Parks and Streets to the Position of
Page 28
00-1017.txt
Refrigeration Plant Engineer, Temporary Appointment at the
flat Starting Salary of $6.91/hrthe Minimum Starting Salary of
$37,204
Boyer Raymond, 435 East Street, Buffalo 14207
Walter Burshtynski, 126 Bird, Buffalo 14213
Marc Mann, 35 Trobridge, Buffalo 14220
John Marchitte, 430 14th sTreet, Buffalo 14213
Joseph Marchitte, 430 14th Street, Buffalo 14213
Howard Melcher, 210 Riverside, Buffalo 14207
Encil Palmer, 19 Oregon, Buffalo 14207
Louis Lumina, 53 North Park, Buffalo 14216
Joseph Trillizio, 108 Laird, Buffalo 14207
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 60
CATHOLIC HEALTH SYSTEM-TERM OF CONTRACT IN
IND
On October 4, 2000, the Catholic Independent Practice
Association (CIPA), the organization comprised of a group of
more than 700 physicians and the Catholic Health System
(CHS) hospitals, reluctantly announced plans to end its
managed care contract with Independent Health Association
(EHA), effective January 1, 2001. This was an extremely
difficult decision to make, but one that we believe is critical to
our ability to provide our patients with the high quality care
and service they deserve.
The termination of our contract with IHA means that Catholic
Health System hospitals, facilities and agencies, including
Kenmore Mercy Hospital, Mercy Hospital of Buffalo, Our
Lady of Victory Hospital, Sisters of Charity Hospital and St.
Joseph Hospital, will no longer accept IHA coverage after
January 1, 2001. First, we would like to share with you the
reasons behind this decision, and then ask for your support
during this transition.
Since the termination notice does not take effect until
January 1, 2001, it is important for you to note that IHA
members have plenty of time (nearly three months) to
consider their health coverage options. This action only
applies to Independent Health members. The Catholic
Independent Practice Association and CHS also have
contracts with Univera Health Care and Community Blue,
among others, which are unaffected by this decision.
In September 1999, CHS signed a new four-year contract
with EHA to provide medical care to more than 82,000
people across Western New York. This agreement assured
that these members would be able to maintain their
relationship with CHS hospitals and our physicians. Since
forging this agreement, we have found it extremely difficult to
work with IHA and have tried repeatedly to resolve issues we
feel are in direct violation of our contract and our ability to
effectively care for our patients.
Specifically in dispute is IHA's unwillingness to provide us
with important statistical reports to which we feel we are
entitled under the terms of our contract agreement. Managed
care contracts, by their very nature, are based on
complicated formulas that spread the financial risk of
providing medical care to a specific group of patients among
hospitals, doctors and managed care providers, in this case,
Independent Health. Without the specific data we feel IHA is
obligated to provide, it is difficult to determine how well we
Page 29
00-1017.txt
are managing our patients' care based on the financial
provisions of our contract, and whether we are being
reimbursed appropriately.
Despite our exhaustive efforts to resolve these problems,
including an unsuccessful attempt at formal mediation, we
have come to believe that IHA has no intention of honoring
either the letter or spirit of our contract agreement. The final
blow came last week, when IHA informed us they were
cutting off capitation payments to CHS hospitals for the
remainder of 2000. This amounts to more than $8 million in
cash flow we had counted on to provide care. As you know,
these payments are needed to pay for medical supplies,
equipment, employee salaries and other operating costs.
We are very disappointed, but the most unfortunate
aspect of this situation is that H-IA members will need to
change health insurance plans if they wish to continue
receiving care within CHS after January 1, 2001. We saw
this before in 1998, when IHA chose to exclude the Catholic
hospitals from its Encompass 65 Medicare program for
seniors. IHA invited seniors to "vote with their feet" if they did
not agree with the decision to exclude CIPA and CHS from
their plan. Seniors responded and sent a loud and clear
message that their relationship with their physicians and the
Catholic hospitals was vitally important. Thousands chose to
switch health plans rather than lose their ability to receive
care from a Catholic health provider.
At this time, our main concern is for our patients and
minimizing the impact this decision will have on their medical
care. There is still plenty of time for our patients to consider
other health insurance plan options that include the Catholic
Health System. We are encouraging the business
community to offer open enrollment periods and/or extend
their choice of plan options for employees who wish to
change their health insurance coverage from IHA to a plan
affiliated with the Catholic Health System.
Ending our relationship with EFIA is a painful decision, but
one we firmly believe is in the best long term interest of our
patients, employees and physicians. And while this decision
may create some financial challenges for us in the coming
months, in the end we believe it is the right thing to do.
11-IA's decision to cut off capitation payments to our
hospitals is unacceptable to CIPA, CHS and the thousands
of patients who rely on us for care. We cannot and will not
jeopardize our ability to maintain quality standards.
Beyond this current situation, we remain open to the
possibility of discussions with 1HA in the future that could
re-examine the potential of a new working relationship which
is equitable and workable for both parties and which above
all assures that all our patients will continue to receive high
quality health care.
If you have any further questions, please call Dennis
McCarthy, CHS Vice President for Public Relations &
Government Affairs, at 862-1700. We ask for your continued
support as we work through this process to continue
providing the highest quality medical care to individuals and
families throughout our community.
Thank you for your understanding.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
CORPERATION COUNSEL AND HUMAN RESOURCES
NO. 61
A. BAIN-REQUEST RESTORATION OF BLOCK GRANT
FUNDING
Page 30
00-1017.txt
The African-American Cultural Center has been cut in its
Community Development Block Grant Funding for year 26. If
this allocation is left to stand it will have a devastating
negative impact on the Centers ability to deliver a much
needed service to the City of Buffalo, the Arts Community
students and especially families at risk. The Center (as you
know) has developed a wide range of educational and
artistic programs of theatre, dance and arts education,
through these programs the Center encourages participation
'in the arts and builds recognition and pride in this City's rich
cultural and artistic heritage.
The thousands of children and families that benefit by
incentives provided by the Center's afterschool programming
will be lost and their ability to serve these 'individuals will be
greatly hindered. The Centers outreach and the diversity and
number of collaboratives that have proven successful will
also suffer. One example of our diversity collaboration in this
past year was the Center jointly produced with the Irish
Classical Theater "Emperor Jones" which received rave
reviews. Any reduction in this capacity will mean years of
hard work down the drain. Please restore these efforts in the
amount of $37, 000.
In your reconsideration of the Center's budget request
please allow a quick review of the Center's past years CDBG
year 23-3, the Center received $86,637. In year 24 the
Center was granted initially were restored to 86,637.
Through the efforts and request initially $54,637 and after
review man' of Council Members Barbara Miller-Williams and
Byron Brown's 10,000 was added to Our grant for a Special
Project with Shea's Performing Arts Center, that years
allocation was for 96,637.
In the year 25 the Centers CDBG allocation was for $54,450,
this reduction in the Center's allocation was made up from a
grant-in-aid package from David Granville's office. The
Center was told that this support was to account for the lose
of CDBG monies.
In year 26, it appears that $89,000 was approved with
$46,000 designated by the mayor and $43,000 was added
by the council. However, in the final budget it appears
43,000 was deleted , and appeared as pass through monies.
If I can be of any assistance in further clanification please let
me know.
REFERRED TO THE COMMUNITY DEVELOPMENT AND
STRATEGIC PLANNNG
NO. 62
INTEREST IN HOMESTEADING 47 LAYER AVE & LIST
OF HUD PROPERTIES
At the Common Council meeting held on Tuesday,
September 19, 2000, the following item was referred to the
Committee on Community Development and to your office
for a response:
Item 496, C.C.P. September 19, 2000, "0. Jones-Interest in
Homesteading 47 Layer Avenue" & list of HUD Property
Additionally, it was requested that your office provide the
Buffalo Common Council with a list of all City of Buffalo HUD
Lots and properties.
Please review the enclosed item and file and address your
comments and/or recommendations with the Common
Council, 1308 City Hall, by 2:00 PM Thursday, September
28, 2000.
Your assistance is greatly appreciated.
REFERRED TO THE COMMITTEE ON COMMUNITY
Page 31
00-1017.txt
DEVELOPMENT
NO. 63
C. BROWN MEMBER REGISTRATION PUBLIC
COLLECTION BD OF APPEALS
I Calvin Brown 3d residing at 32 Wade Ave. respectfully
submit this letter of resignation from the Public Collection
Board of Appeals.
RECEIVED AND FILED
NO. 64
B. GRANT-CONCERN VACANT PROPERTY UNIV DIST
Please file the attached letter from Mr. Glenn R. Haffiagel
with the City of Buffalo Common Council.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, STRATEGIC PLANNII ANDDIRECTOR
OF PERMITS AND INSPECTIONS
NO. 65
B. GRAY INFO REQUESTED FROM CBO'S
Please file the attached information to be presented at the
next full Common Council meeting on Tuesday, October 17,
2000. Thank you for your assistance.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND STRATEGIC PLANNING
NO. 66
PETER GUZINSKI-INFO INDEPENDENT HEALTH
am writing to you to express my concern for the
ever-growing need of a chiropractic provider in the Lovejoy
district. At the present time, the people of your district do not
have a participating provider for chiropractic services with
Independent Health. As a chiropractor, on Clinton Street, in
the Lovejoy district, I ascertain many questions on why
Independent Health has not provided this service to the
people in the community. Unfortunately, I do not have a
logical reply. Many individuals in this district do not have the
financial means to own an automobile or ride the bus, so
they often walk or ride a bike for their transportation. In
addition, many of the senior citizens do not feet comfortable
venturing out to unfamiliar locations or where the traffic is
much more congested. Having a provider in this district can
help solve the problem of meeting the individual need for
chiropractic services in this community.
At this time, I am politely requesting an examination into
Independent Health's policy on chiropractic providers.
Having a local provider in this district would not only please,
but provide, better health services to the currently ignored
Lovejoy community.
REFERRED TO THE COMMITTEEON CIVIL SERVICE
AND DIRECTOR OF HUMAN RESOURCES AND
OPERATION COUNSEL
NO. 67
T. HAYWOOD-ADELPHIA ANNUAL REPORT
Enclosed please find three (3) copies of the Adelphia
Annual Report submitted to you on this date as per our
franchise agreement with the City of Buffalo.
As always, if you have any questions or concerns regarding
the information, please do not hesitate to contact me at
558-8590.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
Page 32
00-1017.txt
NO. 68
T HAYWOOD WATERFRONT DEV PROJECT
Dear Ms. Hooper:
I am writing in response to your letter of October 4
requesting information from Adelphia Communications
Corporation (Adelphia) regarding the waterfront development
project.
With respect to obtaining a copy of the current draft of the
memorandum of understanding between Adelphia and the
public sector, this document can be obtained through Mayor
Masiello's office. Given the City of Buffalo will ultimately be a
party to the final agreement and negotiations are still in
process, it would be appropriate for the Mayor's office to
provide you with this information at this time.
In addition, Council President James Pitts is confirmed to
attend a meeting with Mr. Rigas and other Adelphia
representatives on Thursday, October 12 at 2 PM at the
Adam's Mark. The purpose of the meeting is to present
Adelphia's draft recruitment strategy to fill the jobs committed
as part of the waterfront development project.
Council President Pitts advised us that he will be inviting
Common Council members to join him at this meeting. It is
our goal to gather input for the Adelphia plan in order to draft
the company's final recruitment strategy. We will be happy to
provide your office with a copy of the finalized plan.
Please don't hesitate to call me if you have any questions.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 69
C JOHNSON-REQ DAMAGES FROM DEMOLITION 41
PARKRIDGE AVE
This is a follow up of our recent conversation regarding
property my wife and I owned at 41 Parkridge Ave. As you
may recall, we had just received a tax bill to be paid on the
vacant lot at that address. The house caught fire in 1991 and
was demolished in early 1992 to our surprise and dismay.
Depollo Construction Company boarded the property right
after the fire. Also, at the request of the City Inspection
Department, all motor vehicles and rubble were removed
from the property.
During the next few months, neither my wife or I were
contacted about an impending demolition. The City of
Buffalo had our change of address as well as
Kensington-Bailey Housing Association. We paid all taxes,
sewer and water bills to the City of Buffalo. We informed the
City of Buffalo that we were negotiating with our insurance
company, Pawtucket Mutual. The insurance check went to
the City of Buffalo before we received it.
I continued to visit the property and made sure the property
was safe as well as secure. During the time we were trying
to settle with our insurance company we still were obligated
to pay Ken-Bailey even though they were responsible in part
for the demise of our home. On November 11,1997, 1 met
with the full Ken-Bailey Housing Loan Committee. After
meeting with the loan committee regarding further payment
on the once secure loan, the committee decided to void the
loan. My wife and I are grateful to the Ken-Bailey Loan
Committee for their fairness in this situation we found our
selves in.
The City of Buffalo as well as the Ken-Bailey Housing
Association knew that they were going to demolish our home
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and did not make a concerted and full effort to contact us
regarding the decision to demolish our property. When we
purchased the property, we understood that the house was
going to require a lot of work. We received a letter from the
Inspections Department on December 13, 1982 outlining
things that needed to be corrected on the property. We
complied fully with the directive by installing new clap
boards, all new windows, new iron railings on the upper and
lower porches, new electric service for both apartments, new
updated bathrooms, updated kitchens, all new dry wall, new
plumbing for the entire house, and new paint for the house
and garage. I spent countless hours rehabilitating the
property only to come out of it with a $17,350.92 tax bill and
nothing to show for it..
If we had not been paying our fair share of the taxes and
complying with the city housing codes, we might understand
the City's position. When our home was demolished, we did
not owe the City of Buffalo any money. Furthermore, when
our house caught the fire marshall did not declare an
emergency demolition. Yet, within a year the fire marshal]
came back and declared an emergency demolition. Our
house did not meet the criteria for an emergency demolition..
I have seen a house on Jefferson Avenue and Sycamore
Street that stood for five years with a large hole in the roof
from a fire but it was not demolished. I have seen other
city-owned buildings in far worse condition than our property
on Parkridge and yet the City took no action on those
derelict properties.
My wife and I seek $75,000 in damages from the City of
Buffalo for this act against our property including appliances,
and materials being used to rehabilitate the house.
We were traumatized by the fire itself, the City's selective
targeting of our home for demolition, and now a $17,350.92
tax bill on a vacant lot that we cannot build on or do anything
with. We would hope that no other taxpayers would have to
suffer as we still are from the loss of our home.
Thank you for any assistance you can give us.
REFERRED TO THE COMMITTEE ON CLAIMS
NO. 70
T. KEABLE-BUFFALO INDUSTRIAL DIVING COMPANY
INC. PROJECT ON KATHERINE ST CITY OF BUFFALO
My firm represents Buffalo Industrial Diving
Company, Inc. (the "Company"). The Company is engaged
in the business of providing underwater and marine
maintenance, repair and construction services.
The Company proposes to acquire approximately 5.5 acres
of land located at 10 Katherine Street in the City of Buffalo
(the "Premises"), and to then construct a 17,400 sq. ft.
facility on the Premises (the "Project") to house the
Company's offices, warehouse and fabrication and repair
facilities.
It is anticipated that the completion of the Project will result
in the creation of 13 - 20 new permanent jobs, in addition to
the 29 existing jobs that will be retained in the City of Buffalo.
The Company has requested that the Erie County Industrial
Development Agency (the "Agency") provide assistance in
financing the Project by issuing an industrial development
revenue bond.
It appears that the Premises are located within the City's
"Buffalo Coastal Special Review District." (Buffalo Charter
and Code 511-67). As a result of the Project's location
within this district, the City's Environmental Quality Review
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00-1017.txt
Act provides that the Common Council shall act as the lead
agency for review purposes with regard to the City's
oversight of the Project. (Buffalo Charter and Code 168-7).
The Agency has agreed to act as the lead agency for
environmental review purposes for both the State of New
York and the City of Buffalo throughout the duration of the
Project provided that the City consents to such designation.
Therefore, we are requesting that the City, through your
department and then by the subsequent approval of the
Common Council, approve the designation of the Agency as
lead agency for purposes for the entire Project. Enclosed for
your review, and as required for designation purposes, is a
copy of a Full Environmental Assessment Form, dated
September 19, 2000, completed by the Company.
In addition, it appears that the Project will require the
issuance of a restricted use permit (Buffalo Charter and
Code 511-67). We are in the process of preparing an
application for this permit, and will file this shortly.
The Company is anxious to proceed with the Project as soon
as possible. Accordingly, we request that the above actions
be taken with all due speed. If you should have any
questions regarding the Project or this request, please do
not hesitate to contact me.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL
NO. 71
M MCDONELL- REQ HOMESTEAD LOTS 89 & 93
GUERNSEY ST
ATTACHED LETTER AVAILABLE IN CITY CLERK'S
OFFICE
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND STRATEGIC PLANNING
NO. 72
L. MCNIGHT- PROBLEMS WITH DUMSTERS
ATTACHED LETTER AVAILABLE IN CITY CLERK'S
OFFICE
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 73
R. MUSTACHIA-PROBLEMS WITH DUMPSTERS
This letter is in regards to the resolution - Ameliorating
Problems with Dumpsters" #176 CCF, October 3. Our
association has had problems with dumping next to
dumpsters that has drawn rats. Our neighborhood has many
dumpsters at restaurants that are not emptied or, a timely
basis or are too small for the amount of garbage. -As you
know, Hertel Ave. is under construction now and the rodent
situation is greatly exacerbated by any garbage left out. We
agreed with Councilman Coppola that the dumpsters should
be labeled with the renters name so enforcement can be
exacted. I've would also like to have those restaurants that
need larger dumpsters notified by the City, and fines levied
against those who do not comply. Our rodent problem can
only be controlled by containing the garbage.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 74
B. ROWBACK
RECONSTRUCTION OF DELAWARE AVE
The completed work on this contract was accepted by this
department on May 18, 2000.
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00-1017.txt
The maintenance responsibilities for those features indicated
on the attached contract plan sheet are hereby turned over
to your agency.
Very truly yours,
RECEIVED AND FILED
NO. 75
G. OLMA COMPLAINT H. ZAPRZAL 89 LIDDELL ST.
On August 8, 2000, Mr. Heary Zaprzal of 89 Liddell Street,
Buffalo 894-6668, brought in a complaint of a Sanitation
Truck that ran over his comer property and broke up 8
sidewalk blocks and tore up his front lawn and making deep
ruts in same. Mr. Zaprza! called the Mayors Hotline, Council
Member Karen Ellington and Commissioner Sullivan On
August 10, 2000, Corporation Council was called and they
said they would send out a form for him to fill out. On August
17, 2000, Mr. Zaprzal had an estimate done, (proposal
included) On August 28, 2000, forms were received from
David Gannon 851-5909.
On September 26, 2000 a call was put in to David Gannon
and a message was left on his machine. Mr. Gannoon
returned the call and stated the Mayors Office said there was
no money in the budget for the repairs.
Mr. Zaprzal is a die-hard city resident, He and his wife have
lived on the East Side for most of their lives. They have a
beautiful. and well-maintained home on a comer lot. Now he
is talking about dumping the house for what eve,- he could
get and move out of the city. We cannot afford to loose
another conscientious resident to the suburbs. I have been
to numerous council meetings where people have been paid
for damages done by the city to their properties. I would
appreciate any attention and help in this matter.
Thank you in advance for your prompt attention. If you have
any questions or have information, contact Rose Bologna all
895-9332, in my office.
REFERRED TO THE COMMITTEE ON CLAIMS
NO. 76
NOTICE OF CLAIM ARTHUR OSUORAH
TWO COPIES of the Notice of Claim shall be made out to:
CITY OF BUFFALO
DEPARTMENT OF LAW
CLAIMS DIVISION
1132 City Hall
Buffalo, New York 14202
and shall contain the following information:
a. NAME AND ADDRESS of the claimant, and his Attorney,
IF ANY. If owner of vehicle is different than driver, please
indicate.
b. Nature of Claim. (Personnel Injury, Property Damage,
Prior fiscal year Invoice, etc.)
c. DATE TIME, WHEN, PLACE WHERE, and MANNER in
which claim arose. If an Invoice Claim, Department, Invoice
Number, Date of Invoice, Purchase Number and Requisition.
2. The Notices must be signed at the bottom and sworn to by
or on behalf of the claimant, before a COMMISSIONER OF
DEEDS or a NOTARY PUBLIC.
3. The two copies of the Claim must be served upon the
Corporation Counsel's Office personally or by CERTIFIED
MALL-RETURN RECEIPT REQUESTED OR BY
REGISTERED MAII,-RETURN RECEIPT REOUESTED
within ninety (90) days after the claim arises.
4. If the Claim is for property damage, please submit two (2)
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00-1017.txt
different estimates of repair, or copy of receipted bill(s).
Please be advised that the above instructions must be
followed or your claim will be returned to you.
THE LAW PROVIDES THAT NO ACTION SHALL BE
MAINTAINED AGAINST THE CITY OF BUFFALO TO
RECOVER MONEY DAMAGES UNLESS, PREVIOUS TO
THE OCCURRENCE RESULTING IN DAMAGE TO
PERSON OR PROPERTY, WRITTEN NOTICE OF THE
EXISTENCE OF A DANGEROUS CONDITION WAS
ACTUALLY GIVEN TO THE CITY CLERK OF THE CITY OF
BUFFALO AND THE CONDITION WAS NOT CORRECTED
WITHIN A REASONABLE TIME THEREAFTER.
PLEASE MAKE A COPY OF THE NOTICE OF CLAIM FOR
YOUR RECORDS. WHEN CALLING REGARDING YOUR
CLAIM, PLEASE REFER TO THE DATE OF LOSS AND
THE DATE YOUR CLAIM WAS MAILED TO THE CLAIMS
OFFICE. PLEASE MAKE A COPY OF ALL ESTIMATES
AND RECEIPTED BILLS FOR YOUR RECORDS.
CLAIMANTS ARE RESPONSIBLE FOR ALL BILLS
PENDING THE INVESTIGATION AND FINAL
DETERMINATION OF A CLAIM.
REFERRED TO THE COMMITTEE ON CLAIMS, THE
COMMISSIONER OF HUMAN RESOURCES, THE
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS AND THE BUFFALO EVENING NEWS
NO. 77
CONCERNED CITIZENS AGAINST POLICE ABUSE-
SHOOTING AT SCHOOL# 61
SHOOTING THAT PENETRATED SCHOOL WINDOWS AT
#61 ON SEPTEMBER 23, 2000
I am deeply disturbed about the state of Buffalo School
Children's education, the educational system, and our
children's safety while in school, riding and walking to and
from school, and the supposedly safe zones near and
around schools
This latest episode that involved external feuding and
compromised our children's safety is most troubling. While
many of us adults are not surprised by these chain of events
# 61 is typical of incidents that have been expected. We
request that a community meeting to discuss the possible
issues of these mishaps,
The area, Grider -Leroy, and Kensington has been a
potential hot bed for trouble and is not new to anyone living
near these streets, Drugs are common to the area as well as
the sales and usage, My question is who's accountable9 It is
a windowpane of dangerous happenings,
How many police reports have been made on incidents in
this area since the inception of this Early Childhood Center?
What meetings have been held on safety and issues
affecting this area?
How has parental involvement been?
Are there police foot patrols around this school and area?
If not why not?
What has been done to make and ensure that the am is
childproof and safe?
Who are the community organizations around that seek out
unsafe homes and absentee landlords?
What are the ages of renters and source of revenue?
Am there many residents receiving public assistance?
Who inspects tenants houses and ensures that the homes
are worth the rent charged?
What percentage of the renters are substance abusers
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00-1017.txt
criminals, are these persons under case management
Who is protecting these people from themselves as
addicted?
Who is responsible to protect our children?
It is important that a plan is devised by a host of people to
make sure that these incidents are minimized if not
alleviated totally. Since substance abuse infects and affects
a whole way of safe living, it is doubtful that any community
will ever be totally safe. But we can all work together to try.
Parents must be diligent. We must stop the drug influx and
corruption that permeates all points of the judicial system,
Caregivers must be thoroughly investigated and periodically
checked for substance abuse. This must include teachers,
staff and law enforcement personnel. I would suggest there
be inclusion of a multi- drug task force to work on this
problem as well. Federal, County, and BPD. We cannot
ignore the fact that even law enforcement has some abusing
drugs and corrupt. Therefore the gatekeepers may be a
source of the problems.
It will be too late to suffer a needless fatality. We must work
expeditiously today. We must stop the politics.
We also request an in-depth investigation into the
transferring of Inspector Gaspar of the Internal Affairs
Division of BPD
REFERRED TO THE COMMITTEE ON EDUCATION, THE
BOARD OF EDUCATION AND THE COMMISSIONER OF
POLICE
NO. 78
AMELIORATING PROBLEMS WITH DUMPSTERS
In response to your request for feasible methods of
identifying the users of dumpsters within the City of Buffalo,
note the following. All containers supplied to our commercial
customers have our logo and usually our telephone number
(716-614-3333) in clear view on one or more sides of the
container. Should the City require information as to whom is
utilizing a particular container, kindly contact our office,
identify by location the container and we will be able to
provide proper identification as to who the user is.
With respect to lockable containers, we are able to arrange
for all containers to have lockable lid arrangements.
Internally, we have notified our service shop that any and all
permanent customer containers located in the City, must be
lockable.
Please contact my office (614 3360) with questions.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 79
ERIE COUNTY ENVIRONMENTAL MANAGEMENT
COUNCIL
GREEN DESIGN RESOLUTION FOR ADELPHIA
COMMUNICATIONS BUILDING
On September 19, 2000, the Erie County Environmental
Management Council (ECEMC) passed the attached
resolution calling on Adelphia Communications, the County
of Erie, the City of Buffalo and the State of New York to work
together to ensure that the new Adelphia Communications
building will be designed and constructed according to the
principles of environmentally sustainable "green" building
design. The resolutions details the merits of going green -
which include environmental benefits (to the natural
environment and to the indoor human working environment),
long term economic benefits, and significant public relations
Page 38
00-1017.txt
benefits to Adelphia, the Western New York region and the
State of News York.
The ECEMC would appreciate a would often response to
this resolution from all parties.
We would also appreciate full participation by all parties in
the upcoming Green Building Design Workshop, being
organized by the ECEMC in cooperation with the County and
City, scheduled for Wednesday, November 15. More
information on this workshop will follow shortly. This
workshop is intended to speak to the opportunities for green
design as applied to all major public and private construction
projects in the future. The numerous benefits described in
the Adelphia building resolution would apply to all other
projects as well. Thank you.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
PETITIONS
NO. 80
A. R. ROWELL, JR. USE 101 GREAT ARROW FOR A
POLE
SIGN. (HRG. 10/24/00)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF STRATEGIC
PLANNING, AND CORPORATION COUNSEL.
NO. 81
T. TATTARO OPPOSE CONVERSION/EXPANSION OF
PROPERTY IN AREA OF GROVES CLEVELAND HIGH
FOR PARKING LOT EXPANSION FOR NON-
RESIDENTIAL USE
Attached is a copy of a petition we have secured in
opposition to the proposed conversion and expansion of an
undeveloped lot at the North East corner of Normal Avenue
and York Street. For use as a parking lot. We oppose the
conversion of any viable housing units to non residential use.
We oppose the use of block (Grant or neighborhood
beatification funds for projects that benefit the school boards
property and not the neighborhood as a whole.
As these signatures were secured it became apparent that
the majority of the residents, both property owners and
tenants alike that would be most impacted by this project, felt
that removing 5 properties most of which are multiple unit
structures and within code specifications from the tax rolls
when the city is in such Dior need of revenue is the wrong
approach. The addition of a fence surrounding this project
that would deny public access parking would also add to the
blight. The proposed green space slated for the internal
perimeter would also require additional funds to provide
maintenance and upkeep at a time when the school board is
already in a financial crises and doing less than Admirably in
maintaining their existing property.
We hereby request your support in opposing this plan and
request that you advance this petition to the parties that
share an interest in this proposal. Please feel free to contact
us at your convenience should the need arise.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
STRATEGIC PLANNING
NO. 82
M. BOYD-OPPOSE CONVERSION OF MLK JR PARK
INTO FISHING POND
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00-1017.txt
Please file the attached information to be presented at the
next full Common Council meeting on Tuesday, October 17,
2000. Thank you for your assistance.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
REGULAR COMMITTEES
CIVIL SERVICE
(BARBARA A. MILLER-WILLIAMS, CHAIRPERSON)
NO. 83
TEMP. WAIVER-RESIDENCY REQ. (CSC)
(CCP#71-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 84
APPOINT HEAD TELLER (INTER) (A&F)
(ITEM NO. 5 1 -C.C P. OCT. 3, 2000)
That Communication 5 1, Oct. 3, 2000 be received
and filed and the provisional appointment of Carmen LoVullo
stated above at the intermediate salary of $30,596.36
effective on September 15, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 85
APPOINTMENT
EXTERMINATOR (INTER) (PW)
(ITEM NO. 39-C.C.P. OCT. 3, 2000)
That Communication 39, Oct. 3, 2000 be received and
filed and the permanent appointment of Robert Licata stated
above at the intermediate salary of $25,052 effective on
September 18, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 86
NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C.CLK.)
(CCP#63-OCT. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
FINANCE
(BYRON W. BROWN, CHAIRMAN)
NO. 87
RESULTS OF NEGOTIATIONS - 1644 AND 1646
GENESEE STREET (ITEM NO. 17, C. C.P., SEPT. 19,
2000) (ITEM NO. 110, C.C.P., OCT. 3, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Brown moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 88
L. LIVINGSTON - PURCHASE 762 E. AMHERST STREET
(ITEM NO. 73, C.C.P., OCT. 3, 2000)
That the Common Council does hereby request the Office
of Strategic Planning, Division of Real Estate, report back to
this Council on the feasibility of transferring the property
located at 762 E. Amherst Street to Larry P. Livingston,
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00-1017.txt
property owner at 760 E. Amherst Street.
PASSED
AYES -13 NOES - 0
NO. 89
B. WILLIAMS-C. GULLEN-OVERGROWN WEEDS-L.
TERRACE ST.
(CCP#100-SEPT. 19, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 90
OVERGROWN WEEDS-LOWER TERRACE ST. (CIT.
SVS.)
(CCP#4-OCT. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 91
SALE/LEASE BACK-1731-33 SENECA ST./487
SOUTHSIDE PKWY. (COMPT.)
(CCP#21 -JULY 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 92
IMPACT OF NIMO SALE TO NAT GRID GROUP PLC ON
COB(#122 9/5)
CCP# 138 OCT 3, 00
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 93
CERT. PROC.-ENVIR. TIRE-102 RAPIN PLACE
(ASSESS/TAX)
(CCP#34-SEPT. 19, 00)
That the above item be and the same hereby is received
and filed.
A letter from J. Manch on this item is on file in the City
Clerk's office.
Mrs. LoTempio moved:
That the Corporation Counsel be and he hereby is
authorized to settle the 2000-2001 certiorari proceeding on
102 Rapin place by reducing the Assessment from $433,000
to $120,000
PASSED
AYES -13 NOES - 0
NO. 94
CENTRALIZED CIT. INF /REF SYSTEM
(CCP#227-SEPT. 19, 00)
That the above item be and the same hereby is received
and filed,
ADOPTED
NO. 95
CENTRALIZED CIT. INF /REF SYSTEM (CIT. SVS.)
(CCP# I -OCT. 3, 00)
That the above item be and the same hereby is received
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00-1017.txt
and filed,
ADOPTED
NO. 96
COMPLAINTS (CIT. SVS.)
(CCP#2-OCT. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 97
J. SUFFOLETTO, PETITION TO USE 2228 DELAWARE
AVENUE - GROUND SIGN
(ITEM NO. 75, C. C. P., OCT. 3, 2000)
That after the public hearing before the Committee on
Legislation on October 10, 2000, the petition of J. Suffoletto,
agent, for permission to use 2228 Delaware Avenue for a
ground sign be, and hereby is approved on the condition that
appropriate landscaping be provided at the base of the sign.
PASSED
AYES -13 NOES - 0
NO. 98
B, BAUMKER, PETITION TO USE 900 HERTEL AVENUE -
ILLUMINATED GROUND SIGN
(ITEM NO. 76, C.C.P., OCT. 3, 2000)
That after the public hearing before the Committee on
Legislation on October 10, 2000, the petition of B. Baumker,
agent, for permission to use 900 Hertel Avenue for an
illuminated ground sign be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 99
T. GORES, USE 1660 NIAGARA ST.-BILLBD. (HRG,
1/5)(#142,3/29)(4111,3/9)(#80,12/29)
(ADPT.DISCHARGE-DENIED)(ADOPT
RECONSIDERATION
CCP#258-7/25/00)
(CCP#140-SEPT. 19, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 100
T. GORES, USE 1660 NIAGARA ST.-(STRAT. PI.)
(CCP#14-OCT. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
No.101
Amending the City Charter
(Item No. 54, C.C.P., Oct. 3, 2000)
That the Corporation Counsel be, and he hereby is
authorized to prepare a Local Law to make the appointments
to the Charter as proposed by the Commission on Citizens
Rights and Community Relations.
ADOPTED
NO.102
Notif Serials #9221 (PW)
Page 42
00-1017.txt
(CCP#21 -Oct. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.103
Rem.-"Free of Charge" Pkg.-Meters for Disabled
Permits (PW)(#27,5/2) (CCP# I 66-July 2 5, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.104
Rem.-"Free of Charge" Pkg.- At Meters, etc.- Amended
(PW)(936,7/1 1) (CCP#167-July 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.105
Req. Traffic Signal-Intersection of Kensington/Poultney
Avenues (Hrg. 9/26) (CCP#46-Sept. 5, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.106
B. Grant-Petition Supp. Re-install-Traf. Light-
Kensington/Poultney (#80,6/13) (CCP#l 54-July 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.107
Req. for Traffic Signal
Installation-Intersection-Kensington/Poultney
(PW)
(CCP#38-Mar. 21, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.108
B. Nowak-SEQRA Compliance Concerning Var. Proj.
(#98,6/29)
(CCP#165-July 27, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.109
Jefferson Avenue at East Utica Street - Newsstand
within Right of Way (Item No. 3 1, C.C.P., June 27, 2000)
(Item No. 157, C.C.P., July 11, 2000)
(Item No. 175, C.C.P., Sept. 19, 2000)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO.110
Restaurant Dancing Class III - 120 Church Street
(Item No. 47, C.C.P., Oct. 3, 2000)
That pursuant to Chapter 150 of the City Code, the
Page 43
00-1017.txt
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Restaurant Dancing Class III
license to Robert W. Bahr, Jr., d/b/a Tiffany Rose, located at
120 Church Street.
PASSED
AYES - 13 - NOES - 0
NO.111
Enclose Existing Cafe - 1561 Hertel Avenue
(Item No. 34, C.C.P., Oct. 3, 2000)
That the Commissioner of Public Works, Parks and
Streets be, and he hereby is authorized to issue a "mere
license" to Mr. Elias Pozantidis, owner of Kosta's
Restaurant, located at 1561 Hertel Avenue, to enclose an
existing sidewalk cafe, which would encroach city
right-of-way at said address, subject to the following
conditions:
I .That the applicant obtains any and all other City of Buffalo
permits
necessary.
2.That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Public Works, Parks and Streets, Division of Inspections and
Permits.
3.That the addition does not exceed fifty feet (55') in length
or project more than thirteen feet (13') from the building face
into City right-of-way.
4.That the applicant be responsible for relocation of any
underground utilities effected by the installation of said
addition.
5.In the event that the Commissioner of Public Works, Parks
and Streets determines the encroachment must cease as a
result of factors effecting the health, safety and welfare of
the public, or the needs of the City, the Commissioner of
Public Works, Parks and Streets may order the immediate
removal of said encroachment as described in Chapter
413-67 (E) of the City Ordinance.
6.That because the addition will remain within City
right-of-way the entire year as opposed to a seasonal caf6,
the applicant is assessed the annual fee of five dollar ($5.00)
per square foot of City right-of-way occupied by the
encroachment as described in Chapter 413-67 (G) of the
City Ordinances.
7.That the applicant supply the City of Buffalo with a ten
thousand dollar ($10,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss or
damage arising out of the construction, maintenance, use
and removal of said addition to the restaurant.
PASSED
AYES - 13 - NOES - 0
NO.112
Secondhand Dealer - 40 Allen Street
(Item No. 48, C.C.P., Oct. 3, 2000)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO.113
Secondhand Dealer - 74 Allen Street
(Item No. 49, C.C.P., Oct. 3, 2000)
That pursuant to Chapter 254 of the City Code, the
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Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Secondhand Dealer License
to Loretta Evans d/b/a The Dressing Room, located at 74
Allen Street.
PASSED
AYES - 13 - NOES - 0
NO.114
Used Car Dealer - 932 Hertel Avenue
(Item No. 50, C.C.P., Oct. 3, 2000)
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Used Car Dealer License to
Steven Heilig d/b/a Autobahn Repairs LTD, located at 932
Hertel Avenue.
PASSED
AYES - 13 - NOES - 0
NO.115
M, Schroder & O-Petition-Haz. Cond. -Coolidge Road
(CCP# I 12-July 11, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.116
Restoration of Newly Paved Streets in the
Fillmore Leroy Area
(Item No. 249, C.C.P., July 25, 2000)
That the Department of Public Works, Parks and Streets
have the parties responsible for the damage to the streets in
the Fillmore Leroy Area, paved in 1999, restored to their
original conditioned in this paving season (2000).
ADOPTED
NO.117
Scrap Processor - 267 Marilla
(Item No. 68, C.C.P., Sep. 5, 2000)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO.118
B. Grant, L. Davidson, Haz. Cond.-220 Berkshire
(CCP#89-Sept. 19, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.119
Trees-220 Berkshire (At Comstock) (PW)
(CCP#38-Oct. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.120
B. Grant, Info Photos-ABC Hardware
(CCP#66-Oct. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
Page 45
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NO.121
B. Grant, Var. Complaints-Univ. Dist.
(CCP#67-Oct. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.122
Speeding and Loud Music on Best St. (Pol.)
(CCP#44-Oct. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
Community Development
(Beverly A. Gray, Chairperson)
NO.123
Res. to Green Gold Eco. Ind. Dev. Designation (BERC)
(CCP#45-Nov. 3, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.124
Green Gold Site Design-Economic Industrial Dev. (CD)
(CCP#44-Jan. 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.125
1999 State of the Environment Report
(Item No. 6, C.C.P., Apr. 4, 2000)
That the Buffalo Environmental Management
Commission's 1999 State of the Environment Report, be and
hereby is approved.
ADOPTED
NO.126
Consulting Agree.-Niagara Consulting Group Inc. (CD)
(CCP#48-Feb. 8, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 127
STATUS AGREE.-NIAGARA CONSULTING GROUP, INC.
(STRAT. PL.)
(CCP# 10-JULY 25, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 128
HOMESTEADING PROCESS
(ITEM NO. 256, C.C.P., JULY 25, 2000)
That this Common Council requests the Office of
Strategic Planning, Division of Real Estate to begin
preparing a brochure that will include all pertinent
information regarding the homesteading process to be
distributed city-wide.
That copies of this resolution be sent to the
Coordinator of Strategic Planning and that a brochure be
prepared and presented to this Council by no later than
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November 14, 2000
ADOPTED
NO. 129
TRANSFER OF TITLE, URBAN HOMESTEAD - 240
FIFTEENTH STREET
(ITEM NO. 11, C.C.P., OCT. 3, 2000)
That the city-owned property commonly known as
240 Fifteenth Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Mr. David
Figueroa, residing at 242 Fifteenth Street, in the amount of $
1. 00 (One Dollar), and all costs of transfer, on the condition
the property is cleared and improved within six (6) months
and maintained in a sanitary manner.
Passed.
AYES-13. NOES-0.
NO. 130
TRANSFER OF TITLE, URBAN HOMESTEAD - 265
HERMAN
(ITEM NO. 12, C.C.P., OCT. 3, 2000)
That the city-owned property commonly known as
265 Herman, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to Ms. Edna
Narain, residing at 260 Guilford, in the amount of $1.00 (One
Dollar), and all costs of transfer, on the condition the
property is cleared and improved within six (6) months and
maintained in a sanitary manner.
Passed.
AYES-13. NOES-0.
NO. 131
M. JACKSON-COMM. SPRINGBOARD INC. (STRAT. PL.)
(CCP#7-OCT. 3, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
EDUCATION
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 132
P. FREEMAN & O-SUPP. HS FTBALL TEAMS PART. IN
SECT. FTBALL. PLAY (#72,4/18)
(CCP#203-SEPT. 19, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 133
CLOSING OF CORNERSTONE ACADEMY
(CCP#208-MAY 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 134
CATHOLIC CENTRAL SCHOOL FOR ST. SIGNAGE
CCP#207-SEPT. 19, 00
That the above item be and the same hereby is received and
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filed.
ADOPTED.
NO. 135
J. STEINHART, SUPP. NAMING CITY HNRS. IN HONOR
OF DR. LYDIA T. WRIGHT
(CCP#99-SEPT. 19, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
SPECIAL COMMITTEES
MINORITY BUSINESS ENTERPRISE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 136
K. BOCHMANN-PUBLIC PAT. IN EST. AN OVERALL DBE
GOAL
(CCP#91-SEPT. 5, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 137
By: Mr. Bonifacio, Jr.
ALLENTOWN ASSOCIATION REQUEST TO WAIVE
FEES ASSOCIATED WITH BANDSHELL USAGE
Whereas: Allentown merchants and business leaders will be
hosting an Oktoberfest/Halloween celebration for Allen
Street which will take
place on the North side of Allen Street at the intersection of
College Street adjacent to the Holley Farms Deli parking lot;
and
Whereas: This Oktoberfest/Halloween celebration will be
held on Saturday, October 21, 2000 from 3: 00 p.m. to 9: 00
p.m. - and
Whereas: Allentown Association has requested use of the
City of Buffalo Bandshell through the Department of Public
Works, Parks and
Streets for usage on October 21, 2000; and
Whereas: The bandshell will serve as the main stage area
for live
performance artists and bands such as the Frankfurters
German
band;and
Whereas: Allentown Association kindly requests that the
fees associated with usage of the Bandshell be waived due
to their Not-for-Profit status; and
Whereas: The Oktoberfest/Halloween celebration will serve
as a fundraiser for the Coit House Restoration Project, which
is the city's oldest extant house owned by the Allentown
Association located at 414 Virginia Street-,
Now, Therefore, Be It Resolved:
That this Common Council approves the waiving of fees
associated with the use of the City of Buffalo bandshell for
the Oktoberfest/Halloween celebration on October 21, 2000,
pursuant to the condition set forth by the Department of
Public Works.
PASSED
AYES-13. NOES-0.
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00-1017.txt
NO. 138
By: Mr. Bonifacio, Jr.
WEST SIDE BUSINESS AND TAXPAYERS REQUEST TO
WAIVE FEES ASSOCIATED WITH BANDSHELL USAGE
Whereas: West Side Business and Taxpayers Association
will be hosting their 26h Annual Santa Claus Parade which
will take place on
Grant Street at the corner of Grant and Auburn; and
Whereas: The Santa Claus Parade will be held on Sunday,
November 5, 2000 from 1: 00 p. m. to 3:00 p. m.; and
Whereas: The West Side Business and Taxpayers
Association has requested use of the City of Buffalo
Bandshell through the Department of Public Works, Parks
and Streets for usage on November 5, 2000 and
Whereas: The bandshell will serve as the main stage area
for a reviewing panel and announcers of the parade; and
Whereas: The West Side Business and Taxpayers
Association kindly
requests that the fees associated with usage of the
Bandshell be
waived due to their Not-for-Profit status; and
Whereas: The Santa Claus Parade will serve as a
fundraiser to help provide toys to needy children and will kick
off the U.S. Marine Corps
Toys for Tots event;
Now, Therefore, Be It Resolved:
That this Common Council approves the waiving of fees
associated with the use of the City of Buffalo bandshell for
the Santa Claus Parade on November 5, 2000, pursuant to
the condition set forth by the Department of Public Works,
Parks and Streets.
PASSED.
AYES-13. NOES-0.
NO. 139
Mrs. Martino was excused from further attendance at the
council
meeting.
ADOPTED
NO. 140
BY: MR. BROWN
BOND RESOLUTION
$500,000 BONDS
HOPE VI STREET IMPROVEMENTS -
PHASE I
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$500,000 General Improvement Bonds
of said City, to finance the cost of HOPE
VI Street Improvements - Phase 1, at
the estimated maximum cost of
$500,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (the "City"), is hereby authorized
and directed to issue General Improvement Bonds of the
City in the principal amount of Five Hundred Thousand
Page 49
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Dollars ($500,000), pursuant to the provisions of the Charter
of the City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the
"Law") to finance the cost of the reconstruction of Hudson
Street (Thruway-Busti), Park Road (Efner-Trenton), Trenton
and Efner Street whether or not including sidewalks, curbs,
gutters, drainage, landscaping, grading or improving the
rights of way or improvements in connection therewith. The
estimated maximum cost of said class of objects or purposes
for which the bonds authorized by this Bond Resolution are
to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $500,000, as set forth in
the duly adopted Capital Improvements Budget of the City
for fiscal year 2000-01, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this Bond Resolution, or any bond anticipation notes
issued in anticipation of the sale of said bonds, shall be
deposited in the Capital Projects Fund to the credit of the
Department of Public Works, "HOPE IV Street Improvements
- Phase I", Bond Authorization Account No. 3000-32, and
shall be used for the class of objects or purposes specified in
Section I of this Bond Resolution.
Section 3. The City intends to finance the costs or a portion
of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be
incurred by the City, pursuant to this Bond Resolution, in the
maximum amount of $500,000. This Bond Resolution is a
declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.15 0-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
Bond Resolution are to be issued within the limitations of
Section 11.00 a. 20.(c) of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this Bond Resolution or any bond anticipation
notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this Bond
Resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds and the renewals of
said notes shall contain the recital of validity prescribed by
Section 52.00 of the Law. Said bonds and said notes shall
be general obligations of the City payable as to both
principal and interest by a general tax upon all the taxable
real property within the City without limitation as to rate or
amount. The faith and credit of the City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by the City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds
authorized by this Bond Resolution or any bond anticipation
notes issued in anticipation of the sale of said bonds may be
contested only if.
(a) such obligations are authorized for
an object or purpose for which the City is not authorized to
expend money, or
(b) the provisions of law which should
be complied with at the date of the publication of this Bond
Page 50
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Resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in
violation of the provision of the constitution.
Introduced: October 17, 2000
LAID ON THE TABLE.
NO. 141
BOND RESOLUTION
BY: MR. BROWN
$980,000 BONDS
RECONSTRUCTION OF CLINTON STREET
UNDERPASS
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$980,000 General Improvement Bonds
of said City, to finance the cost of
Reconstruction of Clinton Street
Underpass, at the estimated maximum
cost of $980,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York (the "City"), is
hereby authorized and directed to issue General
Improvement Bonds of the City in the principal amount of
Nine Hundred Eighty Thousand Dollars ($980,000), pursuant
to the provisions of the Charter of the City and the Local
Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law") to finance the
cost of the reconstruction of the Clinton Street underpass of
stone, concrete, or steel or of a combination of two or more
of these materials, including the lowering of Clinton Street at
Babcock Street and Fillmore Avenue in connection with an
agreement with Norfolk Southern Railroad to raise and
replace the bridge structure. The estimated maximum cost of
said class of objects or purposes for which the bonds
authorized by this Bond Resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $980,000, as set forth in the duly
adopted Capital Improvements Budget of the City for fiscal
year 2000-01, as amended.
Section 2. The proceeds of the sale of
the bonds authorized by this Bond Resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, "Reconstruction of
Clinton Street Underpass", Bond Authorization Account No.
3000-32, and shall be used for the class of objects or
purposes specified in Section 1 of this Bond Resolution.
Section 3. The City intends to finance
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $980,000.
This Bond Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Page 51
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Section 4. The following additional
matters are hereby determined and
stated:
(a) The period of probable usefulness
applicable to the class of objects or purposes for which the
bonds authorized by this Bond Resolution are to be issued
within the limitations of Section 11.00 a. 10 of the Law, is
twenty (20) years.
(b) Current funds are not required by
the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this Bond Resolution or
any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized
by this Bond Resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity
prescribed by Section 52.00 of the Law. Said bonds and said
notes shall be general obligations of the City payable as to
both principal and interest by a general tax upon all the
taxable real property within the City without limitation as to
rate or amount. The faith and credit of the City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by the City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds
authorized
by this Bond Resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be
contested only if:
(a) such obligations are authorized for
an object or purpose for which the
City is not authorized to expend
money, or
(b) the provisions of law which should
be copied with at the date of the
publication of this Bond Resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in
violation of the provision of the
constitution.
Introduced: October 17, 2000
LAID ON THE TABLE.
NO. 142
By: Mr. Brown:
BOND RESOLUTION
$2,000,000 BONDS
INFRASTRUCTURE IMPROVEMENTS
(RESTORATION OF VARIOUS
INFRASTRUCTURES)
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$2,000,000 General Improvement
Bonds of said City, to finance the cost of
Infrastructure Improvements
(Reconstruction of Streets), at the
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estimated maximum cost of $2,000,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York (the "City"), is
hereby authorized and directed to issue General
Improvement Bonds of the City in the principal amount of
Two Million Dollars ($2,000,000), pursuant to the provisions
of the Charter of the City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law") to finance the cost of various
infrastructure improvements, including street resurfacing,
curb and sidewalk replacement, pavement markings,
landscaping, gutter improvement, grading, drainage and
signage. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this
Bond Resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof,
is $2,000,000, as set forth in the duly adopted Capital
Improvements Budget of the City for fiscal year 2000-01, as
amended.
Section 2. The proceeds of the sale of
the bonds authorized by this Bond Resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works "Infrastructure
Improvements (Restoration of Various Infrastructures)",
Bond Authorization Account No. 3000-32, and shall be used
for the class of objects or purposes specified in Section I of
this Bond Resolution.
Section 3. The City intends to finance
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$2,000,000. This Bond Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional
matters are hereby determined and
stated:
(a) The period of probable usefulness
applicable to the class of objects or purposes for which the
bonds authorized by this Bond Resolution are to be issued
within the limitations of Section 11.00 a. 20.(d) of the Law, is
fifteen (15) years.
(b) Current funds are not required by
the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this Bond Resolution or
any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized
by this Bond Resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity
prescribed by Section 52.00 of the Law. Said bonds and said
notes shall be general obligations of the City payable as to
both principal and interest by a general tax upon all the
taxable real property within the City without limitation as to
rate or amount. The faith and credit of the City are hereby
irrevocably pledged for the punctual payment of the principal
Page 53
00-1017.txt
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by the City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds
authorized by this Bond Resolution or any bond
anticipation notes issued in anticipation of the sale of said
bonds may be contested only if:
(a) such obligations are authorized for
an object or purpose for which the City is not authorized to
expend money, or
(b) the provisions of law which should
be complied with at the date of the publication of this Bond
Resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in
violation of the provision of the constitution.
Introduced: October 17, 2000
LAID ON THE TABLE.
NO. 143
By: Mr. Brown
BOND RESOLUTION
$4,600,000 BONDS
RECONSTRUCTION OF GENESEE STREET
(BAILEY AVENUE TO EAST CITY LINE)
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$4,600,000 General Improvement
Bonds of said City, to finance the cost of
Reconstruction of Genesee Street
(Bailey Avenue to East City Line)
including water and sewer line
replacement, at the estimated maximum
cost of $4,600,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York (the "City"), is
hereby authorized and directed to issue General
Improvement Bonds of the City in the principal amount of
Four Million Six Hundred Thousand Dollars ($4,600,000),
pursuant to the provisions of the Charter of the City and the
Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law") to
finance the cost of the reconstruction of Genesee Street,
including water and sewer line replacement, from Bailey
Avenue east to the City line whether or not including
sidewalks, curbs, gutters, drainage, landscaping, grading or
improving the rights of way or improvements in connection
therewith. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this
Bond Resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof,
is $4,600,000, as set forth in the duly adopted Capital
Improvements Budget of the City for fiscal year 2000-01, as
amended.
Section 2. The proceeds of the sale of
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00-1017.txt
the bonds authorized by this Bond Resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, "Reconstruction of
Genesee Street (Bailey Avenue to East City Line)", Bond
Authorization Account No. 3000-32, and shall be used for
the class of objects or purposes specified in Section I of this
Bond Resolution.
Section 3. The City intends to finance
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$4,600,000. This Bond Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional
matters are hereby determined and
stated:
(a) The period of probable usefulness
applicable to the class of objects or purposes for which the
bonds authorized by this Bond Resolution are to be issued
within the limitations of Section 11.00 a. 91 of the Law, is
fifteen (15) years.
(b) Current funds are not required by the
Law to be provided as a down payment prior to the issuance
of the bonds authorized by this Bond Resolution or any bond
anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized
by this Bond Resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity
prescribed by Section 52.00 of the Law. Said bonds and said
notes shall be general obligations of the City payable as to
both principal and interest by a general tax upon all the
taxable real property within the City without limitation as to
rate or amount. The faith and credit of the City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by the City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds
authorized by this Bond Resolution or any bond anticipation
notes issued in anticipation of the sale of said bonds may be
contested only if-
(a) such obligations are authorized for
an object or purpose for which the City is not authorized to
expend money, or
(b) the provisions of law which should
be complied with at the date of the publication of this Bond
Resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, the date
of such publication, or is commenced within twenty days
after the date of such publication, or
(c) such obligations are authorized in
violation of the provision of the constitution.
Introduced: October 17, 2000
LAID ON THE TABLE
NO. 144
By: Mr. Brown
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00-1017.txt
BOND RESOLUTION
$5,175,000 BONDS
SOUTH PARK AVENUE LIFT BRIDGE
REHABILITATION
ACCOUNT 3000-32
Bond Resolution of the City of Buffalo,
New York, authorizing the issuance of
$5,175,000 General Improvement
Bonds of said City, to finance the cost
of the South Park Avenue Lift Bridge
Rehabilitation, at the estimated
maximum cost of $5,175,000.
The Common Council of the City of
Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two-thirds of all the
members of said Common Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Eric, New York (the "City"), is
hereby authorized and directed to issue General
Improvement Bonds of the City in the principal amount of
Five Million One Hundred Seventy Five Thousand Dollars
($5,175,000), pursuant to the provisions of the Charter of the
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law")
to finance the cost of complete mechanical inspection and
component replacement including work on lift span,
sub-structure electrical and cables. The estimated maximum
cost of said class of objects or purposes for which the bonds
authorized by this Bond Resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $5,175,000, as set forth in the duly
adopted Capital Improvements Budget of the City for fiscal
year 2000-01, as amended.
Section 2. The proceeds of the sale of
the bonds authorized by this Bond Resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the
credit of the Department of Public Works, "South Park
Avenue Lift Bridge Rehabilitation", Bond Authorization
Account No. 3000-32, and shall be used for the class of
objects or purposes specified in Section I of this Bond
Resolution.
Section 3. The City intends to finance
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$5,175,000. This Bond Resolution is a declaration of Official
Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional
matters are hereby determined and
stated:
(a) The period of probable usefulness
applicable to the class of objects or purposes for which the
bonds authorized by this Bond Resolution are to be issued
within the limitations of Section 11.00 a. 10 of the Law, is
forty (40) years.
(b) Current funds are not required by
the Law to be provided as a down payment prior to the
issuance of the bonds authorized by this Bond Resolution or
any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
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Section 5. Each of the bonds authorized
by this Bond Resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity
prescribed by Section 52.00 of the Law. Said bonds and said
notes shall be general obligations of the City payable as to
both principal and interest by a general tax upon all the
taxable real property within the City without limitation as to
rate or amount. The faith and credit of the City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by the City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds
authorized by this Bond Resolution or any bond anticipation
notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) such obligations are authorized for
an object or purpose for which the City is not authorized to
expend money, or
(b) the provisions of law which should
be complied with at the date of the publication of this Bond
Resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in
violation of the provision of the constitution.
Introduced: October 17, 2000
LAID ON THE TABLE.
NO. 145
By: Mr. Brown
DISCHARGE FROM THE FINANCE COMMITTEE -COM.
19, CCP SEPTEMBER 19, 2000 "RESULTS
NEGOTIATIONS-301 LOUISIANA (STRAT, PL.)"
Whereas:Com.19, CCP September 19, 2000,
"Results Negotiation-301 Louisiana (Strat. Pl.)" is presently
before the Committee on Finance; and
Whereas:It is no longer necessary for this item to
be considered by that committee.
Now, Therefore, Be It Resolved:
That this Common Council does hereby
discharge the Committee on Finance
from further consideration of Com. 19,
CCP September 19, 2000, "Results
Negotiation-301 Louisiana (Strat. Pl.)",
and said item is now before the Council.
ADOPT DISCHARGE; PASSED.
AYES-12. NOES-0.
NO. 146
By: Mr. Brown
FORFEITURE OF 2000-2001 MANDATED 3% RAISES
FOR AUDIT & CONTROL EXEMPT STAFF
WHEREAS:The exempt staff from the Department
of Audit and Control intended to forego the annual mandated
raise for FY 2000-2001 in light of the pay raises instituted in
January 2000; and
WHEREAS:The exempt staff from the Department
of Audit and Control voluntarily foregoing this annual
mandated raise for FY 2000-2001 are: Deputy Comptroller
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Maurice Garner, Executive Assistant Tony Farina, Executive
Staff Manager Jeffrey Tooke, City Accountant Anne
Forte-Sciarrino, City Auditor Frank Belliotti, Investment
Officer Andy SanFilippo, Secretary to the Comptroller Janice
Burgstahler, and Confidential Secretary to the Comptroller
Anita Irene; and
WHEREAS:The City Charter mandates in Sec.
24-14(c) that "Whenever the base salary of permanent
full-time employees of any other department who are
members of local 650 is increased pursuant to collective
bargaining, the salary of exempt employees of that
department shall be increased by the same percentage
dollar amount received by such non-exempt employees of
that department"; and
WHEREAS:The Council can otherwise provide that
Section 24-14 shall not apply to those exempt employees of
the Department of Audit and Control by the enactment of a
resolution.
NOW, THEREFORE, BE IT RESOLVED:
That the exempt employees of the Department of Audit and
Control Deputy Comptroller Maurice Garner, Executive
Assistant Tony Farina, Executive Staff Manager Jeffrey
Tooke, City Accountant Anne ForteSciarrino, City Auditor
Frank Belliotti, Investment Officer Andy SanFilippo,
Secretary to the Comptroller Janice Burgstahler, and
Confidential Secretary to the Comptroller Anita Irene shall
not receive the percentage salary increase provided by the
Local 650 collective bargaining agreement pursuant to
Section 24-14 (c) of the Charter for fiscal year 2000-2001.
AND, BE IT FURTHER RESOLVED:
That this resolution shall retroactively take effect from July 1,
2000.
PASSED.
AYES-12. NOES-0.
NO. 147
By: Mr. Brown
IRS TAXABLE GUIDELINES
Whereas: A software package known as MUNIS, an
acronym for Municipal Information System, was purchased
by the City of Buffalo; and
Whereas: This product is supposed to help municipalities
and school districts manage payrolls, budgets, general
ledger, accounts payable, accounts receivable, and other
tasks; and
Whereas: It has been brought to the attention of this Council
that currently, the system's IRS guidelines for City
employees who receive retroactive and overtime pay have
been taxed at 42%; and
Whereas: It has been stated, that there is an alternate
formula that will enable the MUNIS System to set up its
financial system so employees are not charged 42% on
similar earnings;
Now, Therefore, Be It Resolved That:
This Common Council requests that the Comptroller file with
this Council a full report, outlining the new IRS guidelines for
City of Buffalo employees and the impact of the
implementation of this new system; and
Be It Further Resolved That:
This Council hereby requests that the Division of Data
Processing provide this Council with a detailed report on the
existence of this formula and its ability to function in City
Payroll. This Council would also like suggestions on any
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other alternatives to alleviate this burden to City employees;
and
Be It Finally Resolved:
That both reports be filed with this Council by 2:OOPM,
Thursday, October 26, 2000.
REFERRED TO THE COMMITTEE ON FINANCE,
COMPTROLLER, BOARD OF EDUCATION, THE
COMMISSIONER OF HUMAN RESOURCES AND THE
CORPORATION COUNSEL
NO. 148
By: Mr. Brown
WAIVER OF USER PERMIT FEE -FLARE-307 LEROY
AVENUE
Whereas: Fillmore Leroy Area Residents (FLARE), located
at 307 Leroy Avenue, a not-for-profit organization dedicated
to servicing the community with much needed housing and
human services; and
Whereas: Flare has received an allocation for signage to
notify area residents of it's location and to promote various
neighborhood events; and
Whereas: In order to complete the process of posting the
sign there is a $275.00 user permit fee; and
Whereas: FLARE does not have $275.00 allocated in their
budget for this expense.
Now Therefore Be It Resolved: That this Common Council
requests that the $275.00 user permit fee be waived.
PASSED.
AYES-12. NOES-0.
NO. 149
By: Marc A. Coppola
APPOINTMENT OF LEGISLATIVE ASSISTANT
Whereas: Caroline Kooshoian of 404 Woodbridge Avenue,
Buffalo 14214 has resigned from her position as Legislative
Assistant d1fective at the close of business on November 1,
2000; and
Whereas: Michael Agostino of 335 Commonwealth Avenue,
Buffalo 14216 has been working as an Intern in the
Delaware District Council office since April 2000; and
Whereas- He is well qualified and will be an asset to the
Common Council's Delaware District office;
Now, Therefore, Be It Resolved:
That Michael Agostino be appointed as Legislative Assistant
in the Delaware District Common Council office.- effective as
of November 2,. 2000.
ADOPTED.
NO. 150
By: Ms. Ellington
UNKEMPT LOTS AND EYESORE PROPERTIES IN THE
FILLMORE DISTRICT
Whereas: January 1, 2000 marked a major change in the
Fillmore Council District. It was the first change of leadership
in well over a decade. The Fillmore Council District is
currently undergoing many new, exciting, and long awaited
changes; and
Whereas: Many new and existing block clubs are being
formed and strengthened; plans are underway for a Fillmore
District Master Plan; and
Whereas: Every blighted house and unkempt lot is being
investigated to for ownership of the property; and
Whereas: As a result of the initial investigation, it was found
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that a large number of the abandoned eyesores and
unkempted lots in the Fillmore District belong to the Buffalo
Neighborhood Revitalization Company, a city entity;
Now, Therefore, Be It Resolved:
That this Common Council requests that Joseph Ryan,
Commissioner, Office of Strategic Planning, file with this
Council a full report, outlining why so many of the blighted
properties located in the Fillmore District are owned by the
City of Buffalo, and are in deplorable condition; and
Be It Further Resolved:
That this report be filed with the Common Council, 1308 City
Hall, by 2:00 PM, Thursday, October 26, 2000; and
Be It Finally Resolved:
That Commissioner Ryan be requested to attend the next
meeting of the Committee on Legislation(sic) to be held on
Tuesday, October 24, 2000.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF STRATEGIC PLANNING.
NO. 151
By: Ms. Ellington
ELIMINATE THE ADAM MICHIEWICZ LIBRARY/BAR AS
A POLLING PLACE
Whereas: On September 12, 2000, at the Adam Michiewicz
Library/Bar an Erie County Legislator allegedly approached
two female, African-American Election Inspectors, and
demanded that they give him the results of the election to
which he was not entitled; and
Whereas: Upon refusing to relinquish the election results to
said Erie County Legislator, he allegedly proceeded to
physically remove them from the position of the Election
Inspectors, and did cause the results to be his ultimate
arrest, as well as full news coverage of this incident; and
Whereas: The aforementioned Erie County Legislator
allegedly threaten to strike the Election Inspectors and
allegedly subject them to physical contact, as well
as verbal abuse because of their race and/or color; and
Whereas: Said Erie County Legislator was allegedly acting
under the influence of alcohol, which has been clinically
proven to impair ability and result in the loss of reasoning
and memory regarding a persons' actions while under
the influence of alcohol; and
Whereas: This Common Council finds that the effects of
alcohol consumption, as demonstrated by the incident at the
Adam Michiewicz Library/Bar on September 12, 2000, if true,
probably had some causative effect on the
alleged vocal racist behavior of the Erie County Legislator;
and
Whereas: While the Erie County Legislator involved in the
above referenced incident has yet to be determined guilty or
innocent by a court of law, it is the belief of this Common
Council that a building which houses an
operating bar is an inappropriate location for a polling place;
and
Whereas: This Common Council finds that it is reasonable
to infer that neither the consumption of alcohol, nor the
atmosphere of a bar room is the appropriate place for the
election process; and
Whereas: This Common Council finds that the mere
adverse publicity and lingering negative racial overtones and
perceptions (be they true or false) about this
location, has a chilling effect on the desire of some minorities
and women to vote at this location;
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Now, Therefore, Be It Resolved:
That the polling place currently located at the Adam
Michiewicz Library/ Bar be relocated to a more appropriate
location, such as the Broadway Market, or some other more
suitable location, which is free of bias and or the perception
of bias.
ADOPTED
NO. 152
BY: Ms. Ellington
FIRES IN THE FILLMORE COUNCIL DISTRICT
WHEREAS: There have been numerous fires in the Fillmore
Council District; and
WHEREAS: An unusually large number of these fires have
been classified as arsons; and
WHEREAS: These fires, most of which are set in vacant or
abandoned private structures not only cause damage to said
property, but they also endanger the property and lives of
those who live nearby; and
WHEREAS: These fires put the lives and safety of our
valiant fire fighters at risk, threatening the well being,
happiness and stability of the fire fighter's families; and
WHEREAS: These fires also put the adequacy and
sufficiency of our fire fighting capabilities and equipment to
the test; and
WHEREAS: In addition, a substantial financial burden is
borne by property owners as the vast majority of these
properties either did not have fire insurance in the first
instance, or ceased to be covered with fire insurance; and
WHEREAS: Property owners are further burdened by loss
of fire insurance coverage if and when an insurance
company becomes aware that there is a long term vacant or
abandoned house next door to one of its' insured properties;
and
WHEREAS: The Fillmore Councilimember has been
conducting fire prevention and fire protection meetings in the
Fillmore District, with the capable and cooperative
assistance of our Fire Department, yet these efforts are not
enough;
THEREFORE BE IT RESOLVED:
That the Commissioners of the City of Buffalo's Fire
Department, Police Department and Inspections and Permits
Department (relative to demolition) meet with the Fillmore
District Councilmember within the next two weeks to develop
a comprehensive and coordinated fire prevention and fire
protection plan, to address this problem that has risen to
urgent proportions in the Fillmore District; and
BE IT FURTHER RESOLVED:
That this Common Council requests that the Commissioner
of Fire conduct an immediate assessment of the man power,
equipment and other fire fighting assets within the Buffalo
Fire Department; and
BE IT FINALLY RESOLVED:
That this report be filed by October 26, 2000 to further
ensure the effectiveness and efficiency of fire fighting
operations in the Fillmore District, and the health and safety
of our valiant fire fighters.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF
PERMIT AND INSPECTIONS SERVICES AND THE
DIRECTOR OF LICENSES AND PERMITS.
NO. 153
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By: Ms. Ellington
RESIDENCY REQUIREMENTS FOR CITY OF BUFFALO
EMPLOYEES AS RELATED TO MR. GREGORY NELSON
Whereas: The City of Buffalo has a residency requirement
for all persons appointed to service by the Civil Service
Commission; and
Whereas: Mr. Gregory Nelson was appointed to the position
of Equipment Operator in the City of Buffalo Department of
Public Works, Parks and Street on August 28, 2000 and
listed his address as 92 Wasmuth Avenue, Buffalo, New
York 14211; and
Whereas: A letter of congratulations sent to Mr. Nelson at 92
Wasmuth Avenue from the Fillmore District Office was
returned as undeliverable; and
Whereas: Upon visiting the address of 92 Wasmuth Avenue,
Councilmember Karen R. Ellington found said property to be
boarded up; and
Whereas: Ninety-two (92) Wasmuth Avenue is clearly not
the current residence of Mr. Gregory Nelson;
Now, Therefore, Be It Resolved:
That this Common Council requests that the Civil Service
Commission further investigate this matter to ensure that Mr.
Gregory Nelson does in fact meet the residency requirement
for city employees; and
Be it Further Resolved:
That the Civil Service Commission furnish this Common
Council with the proper rules, regulations and procedures for
ensuring that appointees to Civil Service positions meet and
continue to satisfy residency requirements, as well as the
rules, regulations and procedures for updating residency
information on various appointees.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE COMMISSIONER OF HUMAN RESOURCES AND
THE CIVIL SERVICE COMMISSION
NO. 154
By: Mr. Fisher
TO DETERMINE WHETHER CREATION OF THE
BUFFALO LIBRARY BOARD IS FEASIBLE
Whereas: Buffalo & Erie County Public Library (BECPL)
Board began in 1953 as a Buffalo Library system, funded
and administered by the City of Buffalo; which nurtured
libraries outside of Buffalo by giving them the advantages of
being part of the larger, more established Buffalo system,
through legal contracts with that system; and
Whereas: The Buffalo & Erie County Public Library system
has grown to 52 library units with 24 Boards of trustees in
the year 2000, encompassing 37 contracting branches with
23 contracting boards outside of Buffalo and 15 branches in
Buffalo with no board and no contract; and
Whereas: In the year 2000, Buffalo & Erie County Public
Library Board is no longer a Buffalo system, but an Erie
County system, funded by the County, with an Erie County
board of trustees-, and
Whereas: The existing constraints governing the 37 libraries
outside of the City of Buffalo, seem to have the advantage of
choosing their own boards representing their respective
communities. These Boards often establish policies for the
finding and administration of the libraries. This provides an
advantage where community input is attuned to the needs
for the library services. An advantages that is clearly missing
from the City of Buffalo.
Whereas: The Association of Contracting Trustees (ACT)
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further represents these 37 libraries outside of Buffalo, while
Buffalo libraries have no such representation; and
Whereas: The 15 Buffalo libraries are the only libraries
without a legal and binding contract which gives them the
rights and responsibilities under such a contract.
Be It Resolved:
That the Corporation Council determine whether the creation
of the Buffalo Library Board is feasible. If feasible, a Board of
trustees be formed for the 15 Buffalo libraries within the
Buffalo & Erie County Public Library system and that the
Buffalo Board of trustees be given a contract with BECPL
system with full advantages of the rights and responsibilities
of such a contract, including membership in ACT, and from
Erie County.
Be It Finally Resolved:
That the Legislation Committee hold a public hearing and
invite representatives from the Buffalo & Erie County Public
Library Board, Save Our Library Coalition and the Board of
Block Clubs of Buffalo and Erie County.
ADOPT FINAL RESOLVE AND THE REMAINDER TO THE
COMMITTEE ON LEGISLATION AND THE
CORPORATION COUNSEL
NO. 155
By: Mr. Fontana
ERICSON BLOCK CLUB
Whereas: The members of the Ericson Street Block Club
have, in an attempt to assist their community, been working
to support their neighbor Mr. Clayton Howell of Ericson
Street; and
Whereas: Mr. Howell is a senior citizen, who is a disabled
veteran, that has had great difficulties entering and exiting
his home because of his need to use a wheelchair; and
Whereas: Mr. Howell's only means in and out of his home is
via a front porch with stairs; and
Whereas: Mr. Howell has been dropped and injured
because of the inaccessibility difficulties; and
Whereas: Mr. Howell has been unable to modify his home
to be more accessible for over ten years due limited funds
and to lack of support or advocacy of his needs; and
Whereas: The Block Club members have successfully
fought to assist Mr. Howell through the Veterans
Administration by receiving a wheelchair lift for the entrance
of Mr. Howell's home; and
Whereas: Additionally, Home Depot has generously
volunteered to donate supplies and labor towards the
installation of the wheelchair lift and home safety; and
Whereas: The permit fees for the wheelchair lift are
excessive for Mr. Howell who lives on a fixed income: and
Therefore Be It Resolved:
That the Common Council waives all fees associated with
the installation of the wheelchair lift.
PASSED
AYES-12. NOES-0.
NO. 156
By: Mr. Fontana
IRON MOUNTAIN NEGATIVE DECLARATION
Whereas: Iron Mountain Records Management, Inc.
("IMRM") has sought Common Council approval for the
purchase of a .59 acre portion of an unimproved paper street
known as Old Bailey (the "Parcel"), for use in connection
with a proposed 62,000 sq. ft. expansion at 98 Bailey
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Avenue, adjacent to IMRM's existing records
storage facility located at 100 Bailey Avenue, Buffalo, New
York.
Whereas: In connection with said expansion IMRM has
sought City-Wide Site Plan approval from the City Planning
Board and Common Council including, among other things,
a Restricted Use Permit pursuant to the Buffalo Coastal
Special Review District requirements;
Whereas: The Common Council considered IMRM's
application materials, Full Environmental Assessment Form,
public comments received during public hearings and other
relevant documentation in light of the environmental criteria
prescribed by the New York State Environmental Quality
Review Act (SEQRA);
Whereas: The Common Council previously determined
pursuant to Article 8 of the State Environmental
Conservation Law that IMRM's proposed addition will not
result in any significant adverse environmental impacts as
set forth in the Negative Declaration of Item No. 78, C.C.P.,
July 25, 2000;
Whereas: The City of Buffalo's regulations supplementing
SEQRA at City Code Chapter 168 provide that both the sale
of a parcel of less than 50 acres and the abandonment of an
unimproved paper street are considered to be Type 11
actions exempt from SEQRA review;
Whereas: However, Chapter 168 includes a list of Type I
actions for which there is a rebuttable presumption that an
Environmental Impact Statement (EIS) should be required,
which Type I list includes, among other things, any action
which takes place within a 100 year floodplain and which
requires (1) Planning Board approvals; or (2) involves a 50%
or greater expansion of a commercial facility;
Whereas: IMRM's application for City-Wide Site Plan
Approval constitutes a Type I action due to the
aforementioned criteria, which fact was inadvertently
overlooked when IMRM's project was classified as "unlisted"
for purposes of the Council's July 25, 2000 Negative
Declaration;
Whereas: Th e Common Council wishes to amend its July
25, 2000 Negative Declaration to reflect that IMRM's action
constitutes a Type I action and to clarify the reasons for the
Common Council's determination that an EIS for this project
need not be prepared under all of the facts and
circumstances;
Now, Therefore, Be it Resolved:
That the Common Council hereby adopts the attached
Amended Negative Declaration reflecting that IMRM's
proposed addition constitutes a Type I action and clarifying
the Council's determination that the undertaking of this
action will not constitute an action posing a significant
adverse effect on the environment and that no EIS is
necessary in connection with E\4RM's proposed warehouse
expansion project,
Mr. Fontana made a motion to adopt said item. Seconded
by Mr. Coppola.
LOST.
AYES-BONIFACIO, COPPOLA, FONTANA, GOLOMBEK,
LOTEMPIO AND PITTS-6. NOES-BROWN, ELLINGTON,
FISHER, GRANT, GRAY & WILLIAMS-6.
NO. 157
By: Mr. Fontana
SET PUBLIC HEARING
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NEW BUFFALO INDUSTRIAL PARK
LDA APPROVAL -NORTH STAR SUPPLY CO., INC.
2.29 ACRE PORTION - PARCEL # 5
WHEREAS, North Star Supply Co., Inc. and/or
other legal entity to be formed (herein referred to as the
"Redeveloper") has been duly designated as qualified and
eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban
Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal
Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the disposition of a 2.29 acre
portion of Parcel # 5 in the New Buffalo Industrial Park,
and
WHEREAS, the terms of said Land Disposition
Agreement have been approved by the City of Buffalo
Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement
has been forwarded by the City of Buffalo Urban Renewal
Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal
Law; and
NOW, THEREFORE, BE IT RESOLVED:
THAT, the City Clerk be and is hereby directed
to publish the attached Notice of Hearing in the Buffalo
News no later than the 21st day of October, 2000.
THAT, this Common Council will hold a public
hearing on the proposed agreement, on the 31st day of
October, 2000.
ADOPTED.
NO. 158
By: Mr. Golombek
WAIVE ASSOCIATED FEES - PFC GRABIARZ SCHOOL
OF EXCELLENCE GRAND OPENING
Whereas: On Thursday November 53, 2000, the PFC
Grabiarz School of Excellence will hold a Grand Opening
celebration; and
Whereas: Among the activities planned for the event is a
parade down Military Road honoring PFC William Grabiarz, whose supreme
sacrifice during World War II earned PFC Grabiarz the Medal of Honor; and
Whereas: To make the event a success, several permits will
be required, as many of the activities will be funded through
private sources, a waiver of all applicable fees would free
already limited funds.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo waives all
permit fees associated with the PFC William Grabiarz School
of Excellence Grand Opening Celebration.
PASSED
AYES-12. NOES-0.
NO. 159
By: Mrs. Grant
ESTABLISHING A SUPERMARKET ON THE WILLIAM
GAITER PARKWAY NEAR KENSINGTON AVE.
Whereas: The University District is home to over 30,000
individuals many of whom do not drive; and
Whereas: The closing of the Tops Market on Genesee
Street near Bailey Avenue in the Lovejoy District, has left the
area without an adequate supermarket; and
Whereas: The University District also encompasses a large
young-family oriented housing complex known as Kenfield
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Langfield homes and whose residents major mode of
mobility is public transportation; and
Whereas: Many of these residents encounter hardships of
distance, time and money when they have to utilize
supermarkets in suburban and outlying areas and;
Whereas: There is a large parcel of land owned by BERC
near Kensington Avenue and the William Gaiter Parkway
that could be utilized as the site for a supermarket.
Now, Therefore, Be It Resolved:
That a study be implemented to research the feasibility of
locating a supermarket on the site.
Be It Further Resolved:
That this resolution be forwarded to Strategic Planning,
Mayor Masiello, the Committee on Community Development
and BERC.
Be It Finally Resolved:
That once a study is completed, the results be dispatched to
the Mayor, The Common Council, BERC and other proper
authorities.
REFERRED To THE COMMITTEE ON COMMUNITY
DEVELOPMENT , COMMISSIONER OF STRATEGIC
PLANNING, MAYOR, AND BERC
NO. 160
By: Mrs. LoTempio
WAIVE LICENSE AND PERMIT FEES - HABITAT FOR
HUMANITY
Whereas: Habitat for Humanity has a stellar reputation as a
not-for-profit housing organization; and
Whereas: Their volunteer work force continues to rehab
older houses and build new ones; ever advancing their
mission to increase home
ownership and property tax revenue for the City, all the while
strengthening our communities; and
Whereas: Ninety-six cents of every dollar Habitat for
Humanity spends is strictly directed to construction
expenses; and
Whereas: As a measure of partnership and commitment,
Habitat for Humanity has requested that the City waive all
license permit fees for 2000-2001; and
Whereas: The City of Buffalo, especially this Common
Council, seeks to maintain and encourage such valuable
partnerships by increasing
our support to all causes aimed at strengthening and
revitalizing
our City's neighborhoods;
Now, Therefore Be It Resolved That:
This Common Council Waive all 2000-2001 housing and
construction license and permit fees for Habitat of Humanity
of Buffalo in order to promote the goal of increasing home
ownership.
PASSED
AYES-12. NOES-0.
NO. 161
By: Mmes. LoTempio, Martino, Gray and Messrs. Brown,
Fisher & Fontana
HOME RULE MESSAGE IN SUPPORT OF A02599 ON
PIERCING OR BRANDING THE BODIES OF MINORS
Whereas: There has been a major increase in body piercing
and tatooing in our society in the last several years; and
Whereas: While sober adults are free to adorn their bodies
as they see fit, the matter gets complicated when those who
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are underage or intoxicated are making irreversible
decisions about their bodies; and
Whereas:Serious public health concerns are raised as
both tatooing and piercing carry the risk of infection and
disease transmission, and
Whereas: According to the federal Centers for Disease
Control, medical complications arising from body piercing
actually appear to be greater than those for tattooing, and
Whereas: Many tattooists and body piercers are not trained
health care practitioners, a factor that greatly increases the
risks involved: and
Whereas: Currently, Section 260.21 of the Penal Law
classifies tattooing a child under 18 a Class B misdemeanor:
and
Whereas: There are no provisions on piercing those under
18, or piercing or branding people who are intoxicated, and
Whereas: Assembly bill A02599, would make body piercing
or body branding. on a child less than 18 years of age, a
Class B misdemeanor., and would add penalties for
branding or piercing the body of a person who is intoxicated,
and
Whereas: A02599 exempts ear piercing along with cases
where there is parental consent. where the minor is
emancipated, or where the piercing is part of a religious
observance; and
Whereas: Legislation similar to A02599 has been enacted in
Alabama and introduced in Ohio and Pennsylvania, and
Whereas: Several bills similar to A02599 have been
introduced in the NYS Legislature in the past, but have
languished, leaving the children of New York State
vulnerable to hepatitis and other deadly infections-,
Now, Therefore, Be It Resolved That:
The Buffalo Common Council supports A02599,
memorializes the NYS Senate to introduce and pass
companion legislation, and urges the Governor to sign this
legislation; and
Be it Further Resolved That:
The City Clerk be directed to forward certified copies of this
memorialization to Governor Pataki. to the Clerk of the
Assembly, the Secretary of the Senate and to the members
of the Western New York Legislative delegation.
ADOPTED.
NO. 162
By: Mrs. Martino
WAIVE FEES FOR CAZENOVIA PARK CASINO
Whereas: On October 30, 2000, from 7:00 p.m. to 9:30 p.m.
the South Buffalo Block Club will host their Second Annual
Haunted Hayride at Cazenovia Park; and
Whereas: The South Buffalo Block Club will be using the
Cazenovia Park Casino to serve cider and doughnuts to the
children; and
Whereas: The South Buffalo Block Club is a non-profit
group with a limited budget; and
Whereas: To announce this special event, the South Buffalo
Block Club is requesting that a waiver be granted for utilizing
the Cazenovia Park Casino for their Second Annual Haunted
Hayride;
Now, Therefore, Be It Resolved: That the Common Council
of the City of Buffalo waives all fees associated with the use
of Cazenovia Park Casino for the South Buffalo Block Club
to hold their Second Annual Haunted Hayride on Monday,
October 30, 2000 from 7:30 p.m. to 9:30 p.m.
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PASSED
AYES-12. NOES-0.
NO. 163
By: Mr. Pitts
CITY OF BUFFALO
LOCAL LAW NO. (2000)
INTRODUCTORY NO. 11 (2000)
A LOCAL LAW amending Article Eighteen of the Charter of
the City of Buffalo in relation to creating a Community
Access Television Advisory Board.
BE IT ENACTED BY THE COMMON COUNCIL
OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article Eighteen of the Charter of
the City of Buffalo, adopted pursuant to law, is hereby
amended as follows:
Sec. 18-62. Community Access Television Advisory Board.
There is hereby established a community access
television advisory board to provide guidance to the Division
of Telecommunications, Utilities and Franchises on
administering the City's public access channel and the
municipal telecommunications center.
See. 18-63. Composition and Qualifications,
A. The Board shall be comprised of seven (7) members,
four (4) of whom shall be appointed by the Common Council
for two (2) year terms and three (3) of whom shall be
appointed by the
Mayor for three (3) year terms. Any cable franchisee within
the City may maintain one (1) ex officio member to the
Board.
B. Members of the Board shall possess training or
experience in the areas of television production, advanced
communications technology, telecommunications law or
policy, finance, public administration and other related areas.
All of whom shall be residents of the City,
representing the diversity of the City as a whole.
C . Employees of the City and employees of any cable
ftanchisee (excepting the ex officio member) are not eligible
for membership to the Board.
Sec. 18-64. Duties and Powers.
The duties of the Community Access Television Advisory
Board shall be to:
(a)Adopt policies for the administration of
the public access television channel and the operation of the
municipal telecommunications center,
(b)Assist in the resolution of disputes and
complaints regarding the enforcement of public access
television policy,
(c)Make recommendations regarding the
planning and budgetary needs for the municipal
telecommunications center; d
(d)When requested, provide advice and
guidance to the Division of Telecommunications Utilities and
Franchises regarding the utilization of the educational and
governmental access channels.
Sec. 18-65. Meetings.
The Board shall meet at least once per month or
more as the Board deems necessary. A majority of the
Board shall constitute a quorum for the transaction of
business.
Section 2. Insofar as the provisions of this local
law are inconsistent with the provisions of any other local law
or act, the provisions of this local law shall be controlling.
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Section 3.This local law shall take effect
immediately.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS.
NO. 164
By: Mr. Pitts
ORDINANCE AMENDMENT
CHAPTER 116 - BURIALS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 116-3 3 of Chapter 116 of the Code of the City
of Buffalo be amended to read as follows:
116-33. Permit required for conveyance of dead bodies;
return of coupon.
A. No captain, agent or person having charge of or attached
to any ferry boat, sailing or other vessel nor any person in
charge of any vehicle or public or private conveyance shall
convey or allow to be conveyed therein, by any means
aforesaid, nor shall any person convey or allow to be carried
or conveyed in any manner, from or in the City of Buffalo, the
dead body of any human being or any part thereof without a
permit therefor from the Department of Health; and the
proper coupon for that purpose attached to such a permit,
when issued, shall be preserved and returned to the
Department in accordance with its regulations by the proper
officer or person on such boat or vessel and the proper
person in charge of any train of cars or vehicles on which
any such body may be carried from said city.
B. Any undertaker wishing a police escort for a funeral burial
procession may apply to the Police Department Traffic
Bureau for such escort. Funeral escort service will be
provided based
on the availability of police officers on that particular day.
Fees for such service will be as outlined in Chapter 175,
Fees.
C. Subject to collective bargaining and the restrictions of the
Vehicle and Traffic Law, the Police Department is authorized
to prepare rules and regulations for the orderly and lawful
provision of private funeral escort services in the City of
Buffalo.
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION; THE
POLICE BENEVOLENT ASSOCIATION, AND THE
COMMISSIONER OF POLICE.
NO. 165
By: Mr. Pitts
SET PUBLIC HEARING-655 MAIN STREET PROJECT-
UDAG LOAN
WHEREAS: The Housing and Community
Development Act of 1977 authorized the Department of
Housing and Urban Development to offer Urban
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Development Action Grants for community and economic
development projects that are unable to secure adequate
private financing, and "But For" the UDAG the project could
not be completed; and
WHEREAS: The proposed 655 Main Street Project
Urban Development Action Grant requires the approval of
the local governing body.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON
COUNCIL OF THE CITY OF BUFFALO:
1. That this Common Council will conduct a Public
Hearing regarding the UDAG loan for the 655 Main Street
Project before the Community Development Committee on
October 25, 2000, at 10:00 a.m. in the Common Council
Chambers; and
2. That the City Clerk is hereby directed to publish a
notice similar to the attached and marked "Notice of
Hearing" in the Buffalo News and the City Record no later
then the 18"' day of October 2000.
ADOPTED.
NO. 166
BY: Mr. Pitts
UDAG FUNDS 1655 MAIN PARTNERS - FOR THE
CONSTRUCTION OF A MIXED USE BUILDING AT 655
MAIN STREET (FORMER MCDONALDS BUILDING)
WHEREAS, the Housing and Community Development
Act of 1977 authorizes the United States Department of
Housing and Urban Development to offer Urban
Development Grants to provide assistance to distressed
cities and urban counties to stimulate new or increased
private investment for the purpose of revitalizing local
economies; and
WHEREAS, The United States Department of Housing
and Urban Development has published rules and regulations
governing the eligibility requirements and administration of
Urban Development Action Grants and that this department
will soon be considering transferring $250,000.00 of the
unused $500,000.00 Ruslander and Son's Inc, UDAG to
assist in funding this project; and
WHEREAS, The City of Buffalo satisfies all the
eligibility criteria established by the United States
Department of Housing and Urban Development; and
WHEREAS, Use of UDAG funds for this Project will
provide the mechanism through which this local
development team will invest more than $8.3 Million of
private funds and equity to development this Project, which
has an abandoned McDonalds fast food restaurant located
at its center. The building has fallen into disrepair and has
recently become the target of random vandalism. In its
current state, the site is a significant source of blight and is
deterring the redevelopment of surrounding parcels. Upon
completion of the Project, it is anticipated that 100 jobs will
be created over the next three (3) years, and 120 retained.
WHEREAS, A subsequent request will be submitted to
the Department of Housing and Urban Development, under
separate cover, asking their approval to transfer the
remaining $250,000.00 of the unused Ruslander and Son's
Inc. UDAG to provide a financial mechanism to assist in the
expansion needs of neighborhood based business who will
be assisted by the Small Business Resource Center at the
Apollo Theater.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMON COUNCIL OF THE CITY OF BUFFALO:
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1 .That the Mayor be and he is hereby authorized, on behalf
of the City, to execute and file application to the United
States Department of Housing and Urban Development for
Urban Development Action Grant assistance.
2. That the Mayor be further authorized to enter into all
necessary agreements with the Federal grantor agency to
assure the prompt and expeditious implementation of the
project grant.
3. That the Mayor, or his duly authorized and appointed
representative, is hereby authorized to execute such other
materials or take such other action as may be necessary to
effectuate the purpose of this grant, and this resolution.
4. That all repayment monies received by the City under
such Urban Development Action Grant shall credited to the
Buffalo Economic Renaissance Corporation to be re-loaned
for economic development activities.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 167
BY: Mr. Pitts
LAKEVIEW HOPE VI REVITALIZATION PLAN
WHEREAS: The original Revitalization Plan for the
Lakeview Homes was approved by the Buffalo Common
Council in July, 1998 and was comprised of three steps
known as Part A Phase 1, Part A Phase 11, and Part B; and
WHEREAS: In May, 2000, the Buffalo Municipal
Housing Authority resubmitted to the Common Council a
revised HOPE VI Revitalization Plan for Lakeview Homes;
and
WHEREAS: The original plan previously submitted
to the Common Council called for the demolition of only 100
existing units in Lakeview; and
WHEREAS: In August, 2000, the Buffalo Municipal
Housing Authority submitted another "revised" HOPE VI
Revitalization Plan for Lakeview Homes to the Common
Council, requiring the demolition of all the existing 666 units
in Lakeview, a change reported to have been requested by
the United States Department of Housing and Urban
Development, and concurred with by the State of New York;
and
WHEREAS: The Buffalo Municipal Housing
Authority has requested the Council's approval for the
revisions to Phases 11 and III of the Revitalization Plan by
November 1, 2000; and
WHEREAS: Only Phase I of the present Lakeview
Revitalization Plan has been approved by funding sources
and the attorneys representing the tenants in the Comer vs.
Cisneros legal case. Phase H, III and IV are still being
negotiated to protect the tenants relocation interests; and
WHEREAS: Only Phase I of the Revitalization
Plan is ready to proceed. This phase does not require any
demolition of existing buildings nor the displacement of any
tenants. Funding for Phases 11, 111 and IV has not been
determined nor is it certain. This is a major consideration of
the attorneys in the Comer Settlement; especially as it
relates to the tenants relocation and the potential overall
success of the Revitalization Plan; and
WHEREAS: Given the history of revisions to the plan,
unsettled negotiations with the attorneys in the Comer vs.
Cisneros case, and the uncertain funding of Phases 11, III
and IV, it is advisable for the Common Council to consider
approving the Lakeview Revitalization Plan on an
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incremental basis instead of all at once as requested by the
Buffalo Municipal Housing Authority.
NOW THEREFORE BE IT RESOLVED THAT:
The Common Council approve only Phase I of the current
Lakeview Revitalization Plan.
FURTHER BE IT RESOLVED THAT: All
subsequent plans be submitted to the Common Council
separately as they are funded and approved pursuant to the
Comer vs. Cisneros Settlement Case.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 168
By: Mrs. Miller-Williams
SET PUBLIC HEARING
WATERFRONT REDEVELOPMENT
PROJECT NYR-35 - AREA A
DISPOSITION PARCEL 8
WHEREAS, 50 Waterfront Circle, LLC and/or
other legal entity to be formed (herein referred to as the
"Redeveloper") has been duty designated as qualified and
eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban
Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal
Agency and the Redeveloper has negotiated a Land
Disposition Agreement for the disposition of Parcel 8 in the
Waterfront Redevelopment Project NYR - 35 Area A; and
WHEREAS, the terms of said Land Disposition
Agreement have been approved by the City of Buffalo
Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement
has been forwarded by the City of Buffalo Urban Renewal
Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law;
and
WHEREAS, Article 15A of the "General
Municipal Law" requires that the disposition of land in an
Urban Renewal Project may be approved only after a public
hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to
publish the notice attached hereto and marked "Notice of
Hearing" in the Buffalo News, no later than the 2 1 " day of
October 2000.
2. That this Common Council will conduct a
Public Hearing on the matter stated in said "Notice of
Hearing" at 2:00 P.M. in the Council Chambers on the 31st
of October 2000.
ADOPTED
NO. 169
By: Ms. Miller-Williams and Ms. Gray
CITY OF BUFFALO
LOCAL LAW NO. _ (2000)
INTRODUCTORY NO. 12 (2000)
A LOCAL LAW amending the Charter of the City of Buffalo in
relation to the transit mall service district.
BE IT ENACTED BY THE COMMON COUNCIL
OF THE 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 as
follows:
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28-56. Vacancy and Parking Information Statement.
On or before [November first] March first in each
year, the owners of real property located within the transit
mall service district established pursuant to chapter 673 of
the laws of 1983 of the state of New York shall file with the
department of assessment and taxation a statement,
subscribed and verified by the owner or his agent, containing
the following information:
(a) The name of the owner;
(b) The address and description of the property:
(c) The amount of vacant rentable space, excluding
common areas, unimproved areas, and areas not designed
for occupancy, in square feet; and
(d) The amount of space, in square feet, which is
used for residential parking, employee parking or
unrestricted parking.
In the event of failure of the owner of any above
described property to file such statement, there shall be a
presumption that such property does not have vacant
rentable space, and than space used for parking, if any, is
used for commercial parking, and the department shall
prepare and complete the transit mall service charge roll in
accordance with such presumption(s).
28-57. Preparation of Annual Transit Mall Service Charge
Roll.
The department of assessment and taxation shall
prepare and complete the annual transit mall service charge
roll on or before [December I] April I in each year, stating the
following information:
(a)The full and true value of all lands and
improvements within the transit mall service
district;
(b)The name of the owner of each
property; address and description of the property;
total lot square footage; total gross building
square footage including total floor
square footage based on exterior
building dimensions, exclusive of the
attic(s) and
below surface floors which are
unrentable or not designed for
occupancy; and the
percentage of space devoted to each of
the following categories of uses:
(i) Restaurant;
(ii) Retail;
(iii)Entertainment;
(iv)Hotel or motel;
(v)Wholesale;
(vi)Industrial or
manufacturing;
(vii)Storage or
warehouse;
(viii)Charitable;
(ix)Educational;
(x)Religious;
(xi)Residential;
(xii)Vacant rentable
space, excluding
common areas,
unimproved areas
or areas not
designed for
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occupancy; and
(xiii)Office or other uses
not otherwise provided for by
this section.
Usages of less than five percent shall be apportioned to the
predominant usage of the property.
No service charge on real property shall be invalid
by reason of any error or omission in naming the owner or
owners on said roll, and no service charge upon lands
described by reference to the commissioner's maps and
surveys shall be invalid by reason of any error in the
description of said land, if it is sufficiently definite to locate
said land upon said maps and surveys.
28-58. Notice of Completion.
On or before [December tenth] April ten in each
year, the department shall publish notice in the publication
designated by the council that such roll has been completed.
On or before the date of publication, the department shall
serve a notice upon the persons whose names are entered
on the roll or on their registered agents. Such service shall
be as follows: by deposit in the post office of the city,
postage prepaid; directed to the names and addresses of the
owner, mortgagee or agent if shown in the registration book
kept pursuant to section 28-4 of the Buffalo city charter; in all
other cases, the name of the owner and the address, if any,
appearing on the department's maps or records, and if no
address appears there, then with the address Buffalo, New
York. Such notices so published and served shall be dated
the same day as the publication, and state that the roll,
naming it, will remain in the department's office open for
inspection and revision on or before [December 31] April 31
in each year, and that objections may be filed with the
department within such time period.
28-59. Grievances.
(a)Any person conceiving himself
aggrieved may file with the department objections to the roll.
Such objections must be filed on or before [December 31]
April 30 in each year; be in writing, subscribed and verified
by the objector or his or her agent having knowledge of the
facts; state the grounds of objections; and specify a name
and address for future notices relating to the objections. The
department shall examine any such objections so far as they
relate to the roll and, if justified in the department's judgment,
shall correct any error giving written notice of its decision to
the objector on or before [January thirty-first] May thirty-first.
Provided, however, that any grievance filed concerning the
information described in subsection (a) of section 28-57 shall
be deemed a grievance filed pursuant to section 28-33 of
this charter and shall be governed by section 28-33 and
other applicable laws.
(b)In the event that a grievance concerns
the subject matter described in subsection (b) of section
28-57, and such grievance is determined not to be justified in
the department's judgment, the objector may, by written
notice to the department on or before [February tenth] June
tenth, demand a hearing before the service charge review
board. The service charge review board shall have no
jurisdiction over subject matter described in subsection (a) of
section 28-57.
(c)Within twenty days after receipt of
demand for hearing, the service charge review board shall
hear and determine said objection. The objector shall be
notified of the time and place of the hearing by regular mail
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postmarked at least four business days prior to said hearing.
(d)The service charge review board may
administer oaths, take testimony and hear proofs in regard to
any objection described in subsection (b). The board may
require the person whose real property is assessed, or his or
her agent or representative, or any other persons, to appear
before the board and be examined, and to produce any
papers relating to the service charge roll. Minutes of the
examination of every person examined upon the hearing of
any objection shall be taken and filed in the office of the city
clerk.
(e)The service charge review board shall
make a decision by majority vote concerning each objection
and shall notify the department of assessment and taxation
and the objector of said decision on or before [March first]
July first . Failure to notify the objector shall not affect the
validity of the assessment.
(f)The department shall make such
changes to the transit mall service charge roll as are
necessary to conform to the decision of the board.
(g)Correction of clerical errors, omissions
or unlawful entries on the transit mall service charge roll may
be made in accordance with article five of the real property
tax law; provided, however, that with regard to correction of
the information described in subsection (b) of section 28-57,
the powers and duties of the board of assessment review
shall be deemed the powers and duties of the service charge
review board for the purposes of this section.
28-60. Completion of Roll; Notice; Delivery.
The department shall review, correct and complete
the service charge roll on or before [March first] July 15 in
each year. The department shall make two copies of the
corrected service charge roll, and attach to each copy a
certificate that they are correct copies of the roll on file in the
department's office. The department shall publish notice of
completion in the council designated publication(s) on or
before [March first] July 15 in each year, which notice shall
state that the service charge roll has been finally completed
and may be seen and examined at the department of
assessment and taxation office during the ten days following
publication. The department shall deliver one copy of the
service charge roll to the clerk of the legislature of Erie
county on or before September first. The original service roll
shall be retained by the department of assessment and
taxation and said roll and the copy of the roll delivered to the
clerk of the legislature of Erie county shall be the service
charge roll of the city and the transit mall district of the city
for city, county and state purposes.
28-61. Presumption of Regularity.
The annual transit mall service charge roll, when
advertised pursuant to section 28-60, shall be presumptive
evidence that all the previous proceedings were regular and
according to law.
28-62. Service Charge Review Board.
There is hereby created a service charge review
board to consist of five qualified electors of the city of
Buffalo. Three members of the board shall be appointed by
the mayor and two shall be appointed by the president of the
common council. The members of the board shall be
appointed from a list of not less than twelve nominees of the
Downtown Buffalo Management Corporation, and must be
knowledgeable about the operation of downtown buildings.
Not more than three members shall be directors or officers of
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Buffalo Place, Inc. The terms of office of members of the
board shall be five years.
Section 2. Insofar as the provisions of this local law are
inconsistent with the provisions of any other local law or act,
the provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
NOTE: Matter in brackets [] to be deleted; matter underlined
is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 170
By Mrs. Williams
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitations and In Memoriam
Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for BUFFALO ASSOCIATION OF BLACK
SOCIAL WORKERS
By COUNCIL PRESIDENT PITTS AND CITY CLERK
MICHAUX III
Felicitation for ST JOSEPH UNIVERSITY CHURCH
By COUNCIL PRESIDENT PITTS AND
Felicitation for RICHARD SMALLWOOD & VISION
By ALL COUNCILMEMBERS & CITY CLERK MICHAUX III
Felicitation for ELLA E ROBINSON AND THE NEW
BEGINNING CHORALE ENSEMBLE
By ALL COUNCIL MEMBERS
Felicitation for QUINTON SMITH
By COUNCIL PRESIDENT PITTS, COUNCIL MEMBER
WILLIAMS ANE CITY CLERK MICHAUX III
Felicitation for ROBERT PLATEK
By Councilmembers ELLINGTON, BONIFACIO JR,FISHER
III, BROWN AND COUNCI PRESIDENT PITTS
Felicitation for MATTHEW BEMBEN
By Councilmembers ELLINGTON, COPPOLA, BONIFACIO,
FISHER III, BROWN, & CITY CLERK MICHAUX III
Felicitation for REVEREND DOCTOR PAUL F THOMASON
By COUNCIL PRESIDENT PITTS & CITY CLERK
MICHAUX III
ADOPTED.
UNFINISHED BUSINESS
Y
NO. 171
BOND RESOLUTION-$ 780,000-FIRE-FIGHTING
VEHICLES/APPARATUS
(#174 -C.C.P., OCT. 3, 2000)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Ms. Grant.
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Bonifacio.
PASSED
AYES-12. NOES-0.
NO. 172
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Council Chambers, 13th Floor, City Hall, Buffalo, New
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York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, October 24, 2000 at
9:30 o'clock A.M.
Committee on Finance Tuesday, October 24, 2000 following
Civil Service
Committee on Legislation Tuesday, October 24, 2000 at
2:00 o'clock P.M.
Committee on Comm. Dev. Wed., October 25, 2000 at 10:00
o'clock A.M.
NO. 173
AJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Coppola,
the Council adjourned at 4:30 P.M.
CHARLES L. MICHAUX,
I
I
I
CITY CLERK
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