HomeMy WebLinkAbout00-0530
00-0530.txt
No.11
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 30, 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 Lo Tempio
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, MAY 30, 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
May 16, 2000 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BUFFALO WATER BOARD
NO. 1
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BUFFALO WATER BOARD
IMPLEMENTATION OF METER PROGRAM
On November 30, 1992, your office issued
Water Supply Permit # 9-140200723/00001-0 to the Buffalo
Water Board for the operation of the Buffalo Water System.
Condition Number 13 of that permit requires the
implementation of a universal metering program which
should have been completed by December 31, 1999.
Unfortunately, due to many circumstances, the program was
not completed by that date and as of March 31, 2000, we
have installed meters in 22,330 properties out of 80,000
customers.
As you may know, the Buffalo Water Board contracted with
American Water Services to manage City of Buffalo
employees in the installation of meters. American and City
employees have encountered many difficulties in trying to
implement this program due to the condition of the plumbing
in many of the City's older neighborhoods. Problems have
been encountered where property owners have been forced
to expend large sums of money to alter their plumbing to
accept a meter. Many City residents simply cannot afford
these costly plumbing modifications.
We are requesting that your Department consider exempting
certain properties from this metering requirement. The Water
Board, working with Mayor Anthony Masiello and the Buffalo
Common Council will develop criteria for this exemption, and
we will work closely with your staff to confirm the exemption
policy is acceptable to you and to see to it that the
exemption policy is adhered to and not abused.
We will also establish appropriate mechanisms with the City
of Buffalo Permit Department and others to insure that any
property that receives an exemption will be required to install
a meter should the owner do any future modifications to the
plumbing system or sell or transfer the property.
We realize that much work needs to be done to allow us to
issue such exemptions so I request that you respond to us
as soon as possible. If you have any questions or if you
need any additional information, please contact Joseph
Giambra, Commissioner of Public Works for the City of
Buffalo and the Representative of the Buffalo Water Board.
Thank You for your consideration.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BUFFALO EMERGENCY SERVICES BOARD
NO. 2
AMBULANCE RESPONSE STATISTICS 1998-99
Pursuant to Chapter 72-6 of the City Charter, the
Buffalo Emergency Medical Services Board is pleased to
provide the Council with a review of ambulance response
statistics for calendar year 1998 and 1999 for the City of
Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY PLANNING BOARD
NO. 3
WNY REALTY FUNDING
1627 BROADWAY
ACCESSORY POLE SIGNS
ITEM NO. 93, C.C.P. 1/25/2000
The City Planning Board at its regular meeting held
Tuesday, April 25, 2000, considered the matter captioned
above pursuant to Section 387-19 of the Buffalo Code,
Application for billboard, ground or pole sign permits.
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The applicant seeks to erect 2 illuminated 191x614" pole
signs with an 81x71311 reader board at an overall height of
301 at a new Eckerd Pharmacy located at 1627 Broadway.
The Planning Board previously approved the site plan for
this project absent any free standing signs. The applicant
understood further review was necessary for free standing
signage and was asked to present various alternatives to the
thirty foot height request. 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 pole signs at an overall height of 181
with planting at the base of the signs.
RECEIVED AND FILED
NO. 4
A. APPLEWHITE
521-523 JEFFERSON AVE.
REZONE FROM "IR3" TO "C2"
ITEM NO. 98 C.C.P. 5/16/2000
The City Planning Board at its regular meeting held
Tuesday, May 23, 2000, considered the matter captioned
above pursuant to Section 511-126 of the Buffalo Code,
Procedures for changes and amendments.
The applicant seeks to rezone, from "R311 to "C21, two
parcels of land that about another commercially zoned
parcel the applicant owns for expansion of his retail business
in the area. Under SEQR the proposed rezoning is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to recommend approval of the
rezoning request.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 5
4445 LAKE AVE, INC.
306 DELAWARE AVE.
HUMAN SERVICE FACILITY
ITEM NO. 97, C.C.P. 5/16/2000
The City Planning Board at its regular meeting held
Tuesday, May 23, 2000, considered the matter captioned
above pursuant to Section 511-136 of the Buffalo Code, Use
permit required for human service facilities.
The applicant seeks to expand an existing human service
facility into adjacent vacant office space located at 306
Delaware Avenue. Under SEQR the proposed Human
Service Facility is considered an unlisted action which may
be studied through uncoordinated review.
The Planning Board voted to communicate a finding of no
additional concentration of similar uses within 1-i mile radius
of the site.
RECEIVED AND FILED
NO. 6
C. STEGER
532-534 ELMWOOD AVENUE.
SIDEWALK CAFE
ITEM NO. 30, C.C.P. 5/16/2000
The City Planning Board at its regular meeting held
Tuesday, May 23, 2000, considered the matter captioned
above pursuant to Section 413-59 of the Buffalo Code,
Sidewalk cafes.
The applicant seeks to encroach the right-of-way with a
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331x6l sidewalk cafes in front of the business located at
532-534 Elmwood Avenue. Under SEQR the proposed
sidewalk cafe is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to recommend approval of the
sidewalk caf6s with the following conditions:
1. No outside music is allowed
2. Closing at 11 p.m.
3. No outside trash receptacles
RECEIVED AND FILED
FROM THE BUFFALO PRESERVATION BOARD
NO. 7
TOSH COLLINS COMMUNITY CENTER CONSTRUCTION
35 CAZENOVIA PARKWAY
SEOR NEGATIVE DECLARATION
A Negative Declaration for the above-referenced project is
hereby filed with your office in accordance with Section
617.12 of the New York State Environmental Quality Review
Act.
If you should have any questions, please contact Thomas W.
Marchese, Board Secretary at 851-5029. Thank you.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 8
APPOINTMENT OF ACTING
DIRECTOR OF REAL ESTATE &
LEAVE OF ABSENCE FOR
PAM SRZEBLELUCHA
I hereby appoint Pam Grzebielucha, Administrative
Assistant in the Division of Real Estate, as Acting Director of
Real Estate effective May 15, 2000 to June 29, 2000. The
vacancy in the position of Director of Real Estate exists as a
result of the resignation of Dennis Dargavel. Pam meets the
necessary requirements for the position by possessing a
New York State Broker's License.
I hereby grant Pam Grzebielucha, by virtue of this
appointment as Acting Director of Real Estate, a leave of
absence due to promotion effective May 15, 2000 through
June 29, 21000. On June 30, 2000, Pamela Grzebielucha
will revert back to her permanent title as Administrative
Assistant, due to the changes in the Division of Real Estate
under charter revision.
Appointment Effective May 15, 2000 In the Department of
Audit and Control, Division of Real Estate to the Position of
Director of Real Estate Exempt Appointment at the
Maximum Starting Salary of $ 48,197
Pamela Grzebielucha, 182 Newfield, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 9
ADDITIONAL INFORMATION ON
FEDERAL FINANCIAL ASSISTANCE
This is to advise that a copy of the single audit of Federal,
state and local financial assistance programs received by the
City of Buffalo for the fiscal year ending June 30, 1999 has
been delivered to each Councilmember, the Common
Council Chief of Staff, the City Clerk, the Mayor and the
Budget Office.
Pursuant to amendments of Section 35 of the General
Municipal Law, which took effect January 1, 1989, Your
Honorable Body may, in its discretion, provide to the State
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Comptroller and file with the City Clerk a written response to
the findings and recommendations in this report no later than
ninety days after its receipt, or August 23, 2000.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 10
BOND CLOSEOUTS
he City of Buffalo issues bonds to provide funds to finance
the costs of various capital projects which are described in
the bond resolutions submitted to the Common Council.
When we raise capital funds by selling bonds, it is
reasonable anticipated that all of the projects will proceed
timely and binding commitments for the completion of the
projects will be entered into in a timely manner. Proceeds of
bonds not expended for the object or purpose for which the
bonds were sold must be applied to the payment of principal
and interest on such bonds (Local Finance Law - Section
165.00)
The following accounts on the attached report: 1) have a
balance too small to proceed with project, 2) have no further
commitments, 3) will not be used since project in complete,
4) have had no activity for a number of years, or 5) have
never been used.
If these accounts are closed, $125,917.08 can be used as a
resource to pay 2000-01 City debt. Also, $26,167.34 can be
used as a resource to pay future debt service.
Upon favorable action by your Honorable Body, my office will
close the bond accounts and apply the remaining resources
as set forth above.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
May 24, 2000, be received and filed; and
That the Comptroller be, and he hereby is authorized to
close the bond accounts as described on the attached
communication and apply the remaining resources as set
forth above.
PASSED
AYES -13 NOES - 0
NO. 11
BROADWAY MARKET
The Comptroller stands ready to assist the Mayor and the
Council in the financial oversight of the Broadway Market, as
outlined in my audit report of April 27th.
RECEIVED AND FILED
NO. 12
CERT OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify, pursuant to Section
42 of the Charter, that it is necessary that the sum of
$44,601 be transferred and reappropriated within Legislative,
as set forth below:
From:
10103001- Councilmember Williams
411001 - Salaries Annual25,000
10 10400 1 - Councilmember Brown
411001 - Salaries Annual15,000
10 11000 1 - Councilmember Ellington
411001 - Salaries Annual2,076
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10 111004 - Councilmember Bonifacio
458001 -Transportation450
458002 - Meals, Lodging625
458003 - Registration450
10 114004 - Councilmember Golombek
458002 - Meals, Lodging1,000
10 102001 -Legislative
412002 - Seasonal44,601
Dated: Buffalo, NY, May 8, 2000
RECEIVED AND FILED
NO. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
MISCELLANEOUS GENERAL CITY CHARGES
DEPARTMENT OF COMMUNITY DEVELOPMENT
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify, pursuant to Section
42 of the Charter, that it is necessary that the sum of
$140,000 be transferred and reappropriated from General
City Charges, as set forth below:
From:
17221008 - Miscellaneous General City Charges
480202 - Reserve Fund for Matching Grants$140,000
To:
16230006 - Division of Neighborhoods
480000 - Other Services$140,000
Dated: Buffalo, NY, May 25, 2000
RECEIVED AND FILED
NO.14
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DEPARTMENT OF AUDIT & CONTROL
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify, pursuant to Section
42 of the Charter, that it is necessary that the sum of
$48,721 be transferred and reappropriated within the
Department of Audit & Control, as set forth below:
General Fund
10442 001-41101 Audit Division - Annual Salary48,721
1044 1001 - Comptroller
411001 -Annual Salary,11,931
414001 - Longevity1,190
10441006 - 432001 - Audit Services15,600
10443001 -Accounting Division
413001 - Overtime20,000
Dated: Buffalo, NY, May 22, 2000
The
RECEIVED AND FILED
NO. 15
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF PLANNING
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter that an increase in the sum of $4,400 in the
estimates for the fiscal year beginning July 1, 1999 are
necessary in Appropriation Allotments for the Division of
Planning, to meet a contingency which could not have been
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reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from an
increase of $4,400 in the General City Revenue account
10610030-389001 - Miscellaneous not otherwise
appropriated for any other purpose. The detail of the
requirements is set forth below:
To:
1000 General Fund
16110006-454000 - Division of Planning - Advertising
$4,400
Dated: Buffalo, NY, May 9,2000
RECEIVED AND FILED
NO. 16
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
CITY REVENUE
DIVISION OF COLLECTIONS
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify pursuant to Section
41 of the Charter, that an increase in the sum of $250,000 in
the estimates for the fiscal year beginning July 1, 1998 is
necessary in Appropriation Allotments - Division of
Collections, to meet a contingency which could not have
been reasonably foreseen when the budget was adopted.
The amount of increased appropriation will be met from an
increase of $250,000 in the General Fund City Revenue
account 52510015 - 340000 Charges for Collection Services
not otherwise appropriated for any other purpose. The
details of the requirements are set forth below:
To:
52002606 - Division of Collections
432001 - Auditing Services$250,000
Dated: Buffalo, NY, May 30,2000
RECEIVED AND FILED
NO. 17
CERTIFICATE OF NEC
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS - BOARD OF
EDUCATION
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $13,946,402.13 in the
estimates for the fiscal year beginning July 1, 1999 is
necessary in Appropriation Allotments - Board of Education,
to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from a
$13,946,402.13 increase in various revenue and resource
changes (see attached) that occurred after budget adoption
account, not otherwise appropriated for any other purpose.
The details of the requirements are set forth below:
To:
100 General Fund
97-0 - Board of Education$13,946,402.13
Operation and Maintenance.
Dated: Buffalo, NY, May 25, 2000
RECEIVED AND FILED
NO. 18
CERTIFICATE OF NEC
INCREASED APPROPRIATION
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APPROPRIATION ALLOTMENTS - BOARD OF
EDUCATION
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify pursuant to Section 41 of the
Charter, that an increase in the sum of $13,946,402.13 in the
estimates for the fiscal year beginning July 1, 1999 is
necessary in Appropriation Allotments - Board of Education,
to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from an
unappropriated fund balance of $8,549,337.60 and
unanticipated state aid of $5,099,687. This portion of the
increase in the authorized spending level (O&M Budget for
99-00) will be initiated by the Board of Education. The City
will meet the remainder of the overall increase by increasing
the revenue estimates in interest earnings within accounts
10700096-397000 Unreserved Fund Balance of $14,160.13
and 10040025-361005 Interest on Investment BOE of
$283,217.40 (see attached) not otherwise appropriated for
any other purpose. The details of the requirements are set
forth below:
From:
10700096-397000 Unreserved Fund Balance$
14,160.13
10040025-489190 Interest on Investment BOE
$283,217.40
To:
17523008-489190 Transfer to Board of Education
$297,377.53
Note: This will brine the Board of Education 1999-2000
Budget from $455,351,811 to $469,298,213.
Dated: Buffalo, NY, May 26, 2000
RECEIVED AND FILED
NO. 19
CERTIFICATE OF NECESSITY
LINCREASED APPROPRIATION
PARKING VIOLATIONS BUREAU
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that
an increase in the sum of $8,000 in the estimates for the
fiscal year beginning July 1, 1999 is necessary in
Appropriation Allotments - Parking Violations Bureau -
Parking Enforcement - Rental
of Equipment to meet a contingency which could not have
been reasonably foreseen when the budget was adopted.
The amount of increased appropriation will be met from an
increase in the revenue account 10 140010-3 3 5 500 -
Parking Refund Surcharge
Revenue not otherwise appropriated for any other purpose.
The detail of the requirements is set forth below:
To:
11413 006 - Parking Violations Bureau-Parking Enforcement
444201 - Rental of Equipment$8,000
Dated: Buffalo, NY, May 25, 2000
RECEIVED AND FILED
NO. 20
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
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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 $400,000 for Bailey-Kensington Construction. The
loan will be repaid when Bond Anticipation Notes or Bonds
are issued.
From To AccountRepayment Date
1000 General 3000 Capital Projects 35320406
BAN/Bond Sale Total $400,000
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
May 24, 2000, be received and filed; and
That the Comptroller be, and he hereby is authorized to
make an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $400,000 for
Bailey Kensington Construction. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
PASSED
AYES -13 NOES - 0
NO. 21
NOTICE OF RESIGNATION - DIRECTOR OF REAL
ESTATE
I am filing this communication as notice to Your Honorable
Body that the Director of Real Estate, Dennis M. Dargavel,
has resigned from his position as of close of business day
Friday, May 12, 2000.
RECEIVED AND FILED
NO. 22
RESPONSE TO ALLOW RACE STREET RESIDENTS TO
HOMESTEAD/ACQUIRE
LAND ADJACENT TO THEIR YARDS - CONST. -
NW ACADEMY
ITEM NO. 172, C.C.P. MAY 16,2000
The above referenced item states that within the
construction of the Northwest Academy, a buffer wall will be
placed approximately 10 feet back from the Board of
Education's property line. It also states that the residents
were led to believe that they would be able to homestead or
acquire this land. This item has been referred to the
Comptroller's Office, Division of Real Estate, to inform Your
Honorable Body of the requirements for the residents to
homestead or acquire this land.
Since the property in question was acquired for a School it is
considered a capital asset and cannot be homesteaded.
Capital Assets are to be disposed of according to Article 27,
Section 513 & 514 of the City Charter; our procedures are as
follows:
1 .The Board of Education would first have to be
contacted to determine that they do not want to
hold onto this property for future use.
2.If the Board of Education is willing to abandon
this property, it would then be necessary for them
to file a communication with Your Honorable
Body requesting to transfer jurisdiction of said
property over to the Division of Real Estate for
disposition.
3.Community Development would have to be
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contacted to determine whether or not they have
any objections to the sale of said property. Our
concern would be that if some property owners
want to buy said property and others do not, the
City may end up owning a piece of property that
is landlocked and not accessible to maintain.
4.If it is determined that the property may be
released for sale and providing the prospective
purchasers have no housing code violations or
owe the city any outstanding debt, then this office
would file a communication with Your Honorable
Body requesting the abandonment and sale of
said property.
5.If the Common Council were to approve of the
abandonment, then the property owners would
have to petition the Supreme Court for the
appointment of two appraisers to appraise the
value of the City's interest in the abandoned
property (in accordance with Section 513 & 514
of the City Charter). The median figure of the two
appraisers would determine the sale price of said
property.
6.The result of the appraisal report and agreed
upon purchase price would be filed with Your
Honorable Body for final approval. If approved,
this matter would be forwarded to our Law
Department to arrange the transfer of title.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 23
SALE/LEASEBACK OF 2930-2950 BAILEY AVENUE
ITEM NO. 13, C.C.P. MARCH 21, 2000
he above referenced item was referred to the Comptroller's
Office, Division of Real Estate, for a response. In said item
Your Honorable Body is requesting the amount the city has
paid in utilities on this property and Mat the percentage is of
the total amount.
The City's Accounting Office has informed this office that the
City has paid $3,186.14 for electric for the period of 2/99 -
3/7/00. They have also paid $7,894.44 for gas services for
the period of February 1999 - January 2000.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 24
UTILITY EASEMENT
NIAGARA MOHAWK POWER CORP.
569 & 573 FOREST
The Office of the Comptroller, Division of Real Estate, has
received the attached easement agreement from Niagara
Mohawk. They are requesting our assistance in obtaining the
proposed easement agreement in conjunction with the
proposed parking lot at 569 & 573 Forest Avenue.
The Department of Public Works has indicated that they
have no objection to this easement agreement. I am
recommending that Your Honorable Body approve this
easement agreement, authorize the Corporation Counsel to
review this agreement for their approval as to form and
authorize the Mayor to execute the same.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works dated May 22, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
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authorized to enter into an easement agreement with
Niagara Mohawk Power Corp. in conjunction with the
proposed parking lot at 569 & 573 Forest Avenue. That the
Corporation Counsel be, and he hereby is authorize to
review this agreement and the Mayor be, and he hereby is
authorized to execute the same.
PASSED
AYES -13 NOES - 0
NO. 25
TEMPORARY COMMITTEE ON CITIZENS RIGHTS
I hereby appoint the following individuals to the Committee
on Citizens Rights:
Lana Benatovitch, 43 Middlesex Road, Buffalo, NY 14216
Richard Clark, 20 W. Oakwood Avenue, Buffalo, NY 14211
Rev. George Cushing, 58 Leonard Street, Buffalo, NY 14215
Loretta Renford, P.O. Box 1054, Buffalo, NY 14215
Dr. Charles Carr, Esq. U.B. Law School, Buffalo, NY 14260
Ventura Colon, 508 Niagara Street, Buffalo, NY 14201
Rosa Gibson, 103 Wohlers Avenue, Buffalo, NY 14208
Frank Mesiah, 78 Crescent Avenue, Buffalo, NY 14214
Steve McGlott, 116 Bidwell Parkway, Buffalo, NY 14222
Peter Weinmann, Esq. , 209 Huntington Street, Buffalo, NY
14214
Charley H. Fisher, III, 678 Humboldt Avenue, Buffalo, NY
14211
The purpose of this committee will be to begin functioning as
a new committee on Human Relations until such time as the
Mayor appoints the required Chartered Commission effective
after July 1, 2000.
The Chair of this temporary committee shall be U.B. Law
Professor Charles Carr. All of the other individuals have
expressed an interest in serving upon a committee and are
well qualified.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 26
NOTIFICATION SERIAL 9195-96
NOTIFICATION SERIAL #9195 NO STANDING SCHOOL
DAYS - INSTALL ON WOODWARD AVENUE, EAST SIDE
FROM A POINT 50' SOUTH OF AMHERST STREET TO A
POINT 300' SOUTH THEREFROM
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY
PROHIBITED PERIOD
Woodward Avenue, east side from a point 50' south of
Amherst Street Street to a point 300' south therefrom
8:00 a.m. - 4:00 p.m. School Days
This action is being taken to reflect existing on-street
restrictions at St. Mark's School.
NOTIFICATION SERIAL #9196
Page 12
00-0530.txt
NO STANDING SCHOOL DAYS - INSTALL
ON AMHERST STREET, SOUTH SIDE
FROM A POINT 50~ CAST OF WOODWARD
AVENUE
TO A POINT 140' CAST THEREFROM
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY
PROHIBITED PERIOD
Amherst Street, south side 8:00 a.m. - 4:00 p.m. School
Days
from a point 50' east of
Woodward Avenue
to a point 140' east therefrom
This action is being taken to provide additional needed
space for school bus loading and unloading at St. Mark's
School.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
REPORT OF BIDS
CITY HALL COMMON COUNCIL CHAMBERS
EXTERIOR SKYLIGHT & INTERIOR RESTORATION
WORK
I advertised for on April 18, 2000 and received the
following sealed formal proposals for the City Hall Common
Council Chambers, Exterior Skylight and Interior Restoration
Work, which were publicly opened and read on May 16,
2000.
New Cal Construction$ 237,000.00
Peyton Barlow$ 248,729.00
The Hadala Corp. $ 274,760.00
BRD Inc. $ 325,000.00
Gianadda Construction$ 343,300.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that New Cal
Construction, in the amount of Two Hundred Thirty Seven
Thousand and 00/100 Dollars ($237,000.00) is the lowest
responsible bidder in accordance with the plans and
specifications.
Total estimate for this work was $240,000.00.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 30334706 445100; 30336806 445100; 34321706
445100 - Division of Buildings.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 28
REPORT OF BIDS
MUSEUM OF SCIENCE
NEW FIRE ALARM & DETECTION SYSTEM
I advertised for on May 9, 2000 and received the following
sealed formal proposals for the Museum of Science, New
Page 13
00-0530.txt
Fire Alarm & Detection System, which were publicly opened
and read on May 23, 2000.
Goodwin Electric $62,130.00
Weydman Electric$68,480.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Goodwin Electric, in
the amount of Sixty Two Thousand One Hundred Thirty and
00/100 Dollars ($62,130.00) is the lowest responsible bidder
in accordance with the plans and specifications.
Total estimate for this work was $62,000.00.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 34321606 445100 - Division of Buildings.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 23, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Museum of Science,
New Fire Alarm & Detection System, to Goodwin Electric,
the lowest responsible bidder, in the amount of $62,130.00.
Funds for the project are available in CPF 34321606 445100
- Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 29
REPORT OF BIDS
NEW LIGHTING IN GYM
SENIOR CITIZENS CENTER
OLD 1 ST WARD COMMUNITY CENTER
I advertised for on May 2, 2000 and received the following
sealed formal proposals for the New Lighting in Gym, Senior
Citizens Center, Old 1 st Ward Community Center, which
were publicly opened and read on May 16, 2000.
Goodwin Electric Corp. $29,990.00
Expressway Electric, Inc. $31,831.00
All County Electric$31,839.00
Gordon & Zoerb Electrical$34,180.00
Tunney Electric, Inc.$35,297.00
Weydman Electric, Inc. $39,190.00
Warrens Electric$39,299.00
Frey Electric Construction$42,000.00
Deltex Electric$43,117.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Goodwin Electric
Corp., in the amount of Twenty Nine Thousand Nine
Hundred Ninety and 00/100 Dollars ($29,990.00) is the
lowest responsible bidder in accordance with the plans and
specifications.
Total estimate for this work was $31,000.00.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are available in
CPF 30341006 445100 - Division of Buildings.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works dated May 16, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for New Lighting in Gym,
Senior Citizens Center, Old I" Ward Community Center, to
Goodwin Electric Corp., the lowest responsible bidder, in the
amount of $29,990.00. Funds for the project are available in
Page 14
00-0530.txt
CPF 30341006 445100 -Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 30
REPORT OF BIDS RECONSTRUCTION OF NIAGARA ST.
BETWEEN ONTARIO AND VULCAN STREETS - GROUP
#484
This is to advise Your Honorable Body that I have
advertised and received public bids on May 24, 2000 for the
Reconstruction of Niagara Street and enhancement of the
Niagara Street overlook area adjacent t the 1- 190 at
Riverside Park between Ontario and Vulcan Streets.
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
1. Catco $2.979,210.20*
2. Destro & Bros. Concrete $3,193,702.75
3. Sicar Management $3,235,044.76
4. C. Destro Development Co., Inc. $3,301,452.35*
5. Oakgrove Construction $3,632,818.50
6. Omer Construction $3,835,268.40
*Corrected Total
Total Bid Price
I hereby certify that the lowest responsible bidder for the
above project is Catco and I respectfully recommend that
Your Honorable Body authorize a contract award to Catco in
the amount of S3,128,170.71 (base bid of $2,979,210.20
plus [5% unit price increases] $148,960.51 = total award
$3.128,170.71). Funds for this project are available in our
Capital Account No. 34310606-445100.
Funding for this project is as follows:
$ 797,000 New York State Thruway Authority (N YST A)
$ 425.000 NYS/Dept. Transportation, Multi-Modal Program
$2,50,000
The engineer's estimate for this work is $3,294,3 42. 10.
Under provisions of the General Municipal Law, any of the
bidders may withdraw his bid if an award of the contract is
not made by July 10, 2000. Individual bid submissions are
available in our office for inspection and copies are available
upon request.
Permission is also requested to enter into any necessary
agreements with the NYSTA and accept funds to execute
this project.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 24, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Reconstruction of
Niagara Street overlook area adjacent to the 1- 190 at
Riverside Park between Ontario and Vulcan Streets, Group
#484 to Catco, the lowest responsible bidder, in an amount
of $3,128,170.71 (base bid of $2,979,210.20 plus [5% unit
price increase] $148,960.51 =total award $3,128,170.71).
Funds for this project are available in Capital Account No.
343 10606-445 100; and
That the Commissioner of Public Works be, and he hereby is
authorized to enter into any necessary agreements with the
Page 15
00-0530.txt
New York State Thruway Authority and to accept funds to
execute this project.
PASSED
AYES -13 NOES - 0
NO. 31
REPORT OF BIDS
REPAIR TO CITY MANHOLES - 2000
GROUP 9528
ITEM 9126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
advertised and received bids on May 17, 2000 for The
Repair to City Manholes- 2000, Group #528.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and
material which will be performed. The final cost of the work
will be based on the actual measured quantities of materials
entering into the work and may be either more or less than
the total bid. Locations for this project match our 2000
Paving List and emergency repairs on a city-wide basis as
necessary.
The following bids were received:
Base Bid
Unit Price Increase
A.B.P. Concrete Construction, Inc.$96,200.00
$105,820.00
Sicilia Construction Co., Inc.$125,280.00
$134,900.00
Tomani's Eastern Construction Co., Inc.$135,478.47
$145,098.47
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is A.B.P. Construction, Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $105,820.00 ($96,200.00 Base Bid +
10% unit price increase $9,620.00 = Total Award
$105,820.00 ). Funds for this work are in Capital Project
Account 930032106. The engineer's estimate for this work is
$ 131,000.00.
The attached is certified to be a true and correct statement
of the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by July 3, 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 dated May 18, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Repair to City
Manholes - 2000, Group #528 to A.B.P. Construction, Inc.
the
lowest responsible bidder, in an amount of $105,820.00
($96,200.00 Base Bid + 10% unit price increase $9,620.00
=Total Award $105,820.00). Funds for this project are
available in Capital Account #30032106.
PASSED
AYES -13 NOES - 0
NO. 32
REPORT OF BIDS
REPAIR TO CITY PAVEMENTS - 2000
GROUP 4529
Page 16
00-0530.txt
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
advertised and received bid on May 17, 2000 for The Repair
to City Pavements - 2000, group #529.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and
material which will be performed. The final cost of the work
will be based on the actual measured quantities of materials
entering into the work and may be either more or less than
the total bid. A list of locations is attached.
The following bids were received:
Base BidUnit Price Increase
Thomann Asphalt Paving$147,113.75
$161,825.12
Amirs Vision, Inc.$180,429.00
$195,140.37
C. Destro Development, Inc.$223,240.00
$237,951.37
Destro & Brothers Concrete Co., Inc.$226,615.00
$241,326.37
Amherst Paving, Inc.$239,915.00
$254,626.37
Falcone Construction, Inc.$350,782.50
$365,493.87
I hereby certify that the lowest responsible bidder for the
above project is Thomann Asphalt Paving, Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $161,825.12 ($147,113.75 Base Bid
+ 10% unit price increase $14,711.37 = Total Award
$161,825.12 Funds for this work are in Capital Project
Account # 30032106. The engineer's estimate for this work
is $202,000.00.
The attached is certified to be a true and correct statement
of the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by July 3, 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 dated
May 18, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award a contract for the Repair to City
Pavements - 2000, Group #529 to Thomann Asphalt Paving,
Inc., the lowest responsible bidder, in an amount of
$161,825.12 ($147,113.75 Base Bid + 10% unit price
increase $14,711.37 = Total Award $161,825.12). Funds for
this project are available in Capital Project Account
#30032106.
PASSED
AYES -13 NOES - 0
NO. 33
REPORT OF BIDS
STRIPING OF CROSSWALKS -
VARIOUS CITY STREETS -
2000
This is to advise Your Honorable Body that I have
advertised and received bids on May 17, 2000 for the
Striping of Crosswalks -Various City Streets - 2000. 1 have
asked for bids on a unit price basis covering the various
items of material and work that will be performed. The final
Page 17
00-0530.txt
cost of the work will be based on the actual measured
quantities of materials entering into the work and may either
be more or less than the total bid.
The following bids were received:
1. Accent Stripe, Inc. $94,680.00
2. Buffalo Sealer and Striping Company
$96,255.00
I hereby certify that the lowest responsible bidder for this
project is Accent Stripe, Inc. I respectfully request that Your
Honorable Body order the work, the cost thereof to be
charged to Bond Fund #34310506 in an amount of
$94,680.00 plus approved unit prices for an additional
amount of $9,468.00, for a total encumbrance of
$104,148.00. The engineer's estimate for this work is
$100,000.00.
The attached is certified to be a true and correct statement
of the bid received. The bid submission is available in our
office for inspection and copies are available upon request.
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works be, and he hereby is authorized to award
contract for the Striping of Crosswalks-Various City Streets -
2000 to Accent Stripe, Inc, the lowest responsible bidder, in
an amount of 94,680.00, plus approved unit prices for an
additional amount of $9,468.00 for a total encumbrance of
$104,148.00. Funds for this project are available in the Fund
#34310506.
PASSED
AYES -13 NOES - 0
NO. 34
CHANGE IN CONTRACT
APOLLO THEATER RENOVATION
HVAC CONTRACT
I hereby submit to Your Honorable Body the following
changes for the Apollo Theater Renovation, HVAC Contract,
John W. Danforth Co., C #91980300.
1.Furnish and install software on the City of Buffalo's
computer to enable to City to monitor and control the
mechanical systems at the Apollo from City Hall.
Add $ 2,998.00
The foregoing change results in a net increase in the
contract of Two Thousand Nine Hundred Ninety Eight and
00/100 Dollars ($2,998.00).
Summary: Current Contract Amount $
629,434.0
Amount of This Change Order (#4) $
2,998.00
Revised Contract Amount Add$
632,432.00
Costs have been reviewed by the Consulting Architect
(Robert Traynham Coles, Architect) and the Department of
Public Works and found to be fair and equitable. Funds for
this work are available in CPF 30332806 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works dated
May 15, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
Page 18
00-0530.txt
authorized to issue change order No. 4, to John W. Danforth
Co., an increase in the amount of $2,998.00, as more fully
described in the above communication, for work relating to
Apollo Theater Renovation, HVAC Contract, C #91980300.
Funds for this project are available in CPF 30332806 445
100 - Division of Buildings.
PASSED
AYES -13 NOES - 0
NO 35
BUILDINGS
CHANGE IN CONTRACT
FILLMORE FERRY POLICE PRECINCT
HVAC CONTRACT
I hereby submit to Your Honorable Body the following
changes for the Fillmore Ferry Police Precinct, HVAC
Contract, D. V. Brown & Associates, C #91993200.
1.Furnish and install a fire damper for the duct
passing
through the two-hour rated wall between rooms 145
and 147. This damper was not called for on the
contract documents.Add $ 166.00
The foregoing change results in a net increase in the
contract of One Hundred Sixty Six and 00/100 Dollars
($166.00).
Summary:Current Contract Amount
$ 168,136.00
Amount of This Change Order (#2)Add
$166.00
Revised Contract Amount $ 168,302.00
Costs have been reviewed by the Consulting Architect
(Trautman Associates) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF
30229306 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 15, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 2, to D.V. Brown &
Associates, an increase in the amount of $166.00, as more
fully described in the above communication, for work relating
to Fillmore Ferry Police Precinct, HVAC Contract,
C#91993200. Funds for this project are available in CPF
30229306 445100 -Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 36
CHANGE IN CONTRACT
LIGHTING IMPROVEMENTS
NORTH PARK LIBRARY
I hereby submit to the honorable body the following changes
for the North Park Library, Lighting Improvements, Goodwin
Electric corp., C#92010156.
1. Disconnect 100 PCB cvontaminated ballasts from
existing fixtures. Ballasts were disposed of by the C. of
Erie Add $510.00
The foregoing changer results in a net increase in the
contract of five hundred ten and 00/100 dollars ($510.00)
Page 19
00-0530.txt
Summary: Current Contract Amt. $23,100.00
Amount of This CO (#1) Add 510.00
Revised Contract Amount $23,610.00
Costs have been reviewed by the Department of Public
Works and were found to be fair and equitable. Funds for
this work are available in CPF 30336606 44510-Division of
Buildings.
I request that Your Honorable Body authorize the Comm. of
Public Works 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 dated May 22, 2000, be received and filed, and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Goodwin Electric
Corp., an increase in the amount of $510.00, as more fully
described in the above communication, for work relating to
North Park Library, Lighting Improvements, C #92010156.
Funds for this project are available in CPF 30336606 445100
Division of Buildings.
PASSED.
AYES-13. NOES-0.
NO. 37
CHANGE IN CONTRACT
PRECINCT 11 RENOVATIONS
PLUMBING WORK
I hereby submit to Your Honorable Body the following
changes for the Precinct 11 Renovations, Plumbing Work,
W. C. Roberson Plumbing & Construction Corp., C
#92010140.
1 .Provide and install new sanitary, waste and vent
system for toilet room 126. The existing system
was found to be in violation of the City's plumbing
ordinances and this correction is requested by
the City Plumbing Inspector. Add $ 2,710.75
2.Replace two (2) existing cracked china lavatories.
Add $ 211.24
The foregoing change results in a net increase in the
contract of Two Thousand Nine Hundred Twenty One and
99/100 Dollars ($2,921.99).
Summary:Current Contract Amount
$63,400.00
Amount of This Change Order (#1) Add
$ 2,921-99
Revised Contract Amount
$66,321.99
Costs have been reviewed by the Consulting Architect
(Trautman Associates) and the Department of Public Works
and found to be fair and equitable. Funds for this work are
available in CPF 30337706 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved
That the above communication from the
Commissioner of Public Works dated May 15, 2000, be
received and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to issue change order No. 1, to W.
C. Roberson Plumbing & Construction Corp., an increase in
the amount of $2,921,99, as more fully described in the
Page 20
00-0530.txt
above communication, for work relating to Precinct 11
Renovations, Plumbing Work, C #92010140. Funds for this
project are available in CPF 30337706 445100 - Division of
Buildings.
PASSED
AYES -13 NOES - 0
NO. 38
CHANGE IN CONTRACT
MAIN TUPPER POLICE PRECINCT
ELECTRICAL WORK
I hereby submit to Your Honorable Body the following
changes for the Main Tupper Police Precinct, Electrical
Contract, Tunney Electric, Inc., C #91992500.
1 . Furnish and install one (1) 4" telephone conduit from
Room 108 to the property line at Washington Street.
Add$ 4,819.00
2. Furnish and install plug mold on top of the lockers in
four (4) locker rooms with receptacles 12" on center.
This request is from the Buffalo Police Department so
that their personnel can recharge radios and other Add$
5,849.08
equipment.
The foregoing change results in a net increase in the
contract of Ten Thousand Six Hundred Sixty Eight and
08/100 Dollars ($10,668.08).
Summary: Current Contract Amount$ 365,863.00
Amount of This Change Order (#3) Add $ 10,668.08
Revised Contract Amount $ 376,531-08
Costs have been reviewed by the Consulting Architect (Foit
Albert Associates) and the Department of Public Works and
found to be fair and equitable. Funds for this work are
available in CPF 30229106 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 15, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 3, to Tunney Electric,
Inc., an increase in the amount of $10,668.08, as more fully
described in the above communication, for work relating to
Main Tupper Police Precinct, Electrical Contract, C
#91992500. Funds for this project are available in CPF
30229106 445 100 Division of Buildings.
PASSED
AYES - BONAFACIO, BROWN, COPPOLA, ELLINGTON,
FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, WILLIAMS - 11 NOES - FISHER, PITTS -2
NO. 39
CHANGE IN CONTRACT
MAIN TUPPER POLICE PRECINCT
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Main Tupper
Police Precinct, General Construction, C. Nichter, Inc., C
#91994200.
1 .Change glass type at window unit 4 (stairwell entrance
facing parking lot) to type Low E glass to prevent heat
build-up in this area. Add $ 400.00
2.Revise wall widths at Rooms 212B and 213B from single
Page 21
00-0530.txt
course structural glazed facing tile to double course
structural glazed facing tile so that both sides of the walls are
erected smooth and flush. Add$ 5,440.00
3.Furnish and install ceramic tile shower bases in Rooms
101 and 102. Shower bases were not included in the
construction documents. Add$ 1,855.00
4.Furnish and install gypsum drywall over the north, south
and west concrete block walls of the Exercise Room 218.
Add$ 1,823.00
5.Revise wall finishes in the main lobby vending area as
directed by the Project Architect. Add $ 479.00
6.Revise door jambs at overhead door #1 14A in order to
accommodate door rails and motor. Add $ 529.00
7.Furnish and install ceramic tile floors in lieu of concrete
floors in the gang shower rooms 212A and 213A. Add$
2,036.00
The foregoing change results in a net increase in the
contract of Twelve Thousand Five Hundred Sixty Two and
00/100 Dollars ($12,562.00).
Summary: Current Contract Amount$3,055,388.00
Amount of This Change Order (#6) Add$ 12,562.00
Revised Contract Amount $3,067,950.00
Costs have been reviewed by the Consulting Architect (Foit
Albert Associates) and the Department of Public Works and
found to be fair and equitable. Funds for this work are
available in CPF 30229106 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 15, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 6, to C. Nichter, Inc.,
an increase in the amount of $12,526.00, as more fully
described in the above communication, for work relating to
Main Tupper Police Precinct, General Construction,
C#91994200. Funds for this project are available in CPF
30229106 445100 Division of Buildings.
PASSED
AYES - AYES - BONAFACIO, BROWN, COPPOLA,
ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY,
LOTEMPIO, MARTINO, WILLIAMS - 11 NOES - FISHER,
PITTS -2
NO. 40
CHANGE IN CONTRACT
POOL WORK
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Pool Work, General Construction,
Patterson-Stevens Aquatech, Inc., C #91949900.
1. Marcite repairs required on the Shoshone Pool
as directed by the Erie County Health Department. Add $
13,480.00
2. Revisions to the Shoshone Pool Building due to
work being performed by Community Development.
Deduct $ 123.00
The foregoing change results in a net increase in the
contract of Thirteen Thousand Three Hundred Fifty Seven
and 00/100 Dollars ($13,357.00).
Summary:Current Contract Amount
$ 124,258.00
Page 22
00-0530.txt
Amount of This Change Order (#1) Add
$ 13,357.00
Revised Contract Amount
$ 137,615.00
Costs have been reviewed by the Department of Public
Works and were found to be fair and equitable. Funds for
this work are available in CPF 30012406 445100 -Division of
Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 22, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Patterson-
Stevens Aquatech, Inc., an increase in the amount of
$13,357.00, as more fully described in the above
communication, for work relating to Pool Work, General
Construction, C #91949900. Funds for this project are
available in CPF 30012406 445100 Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 41
CHANGE IN CONTRACT
SENECA BABCOCK COMMUNITY CENTER
ELECTRICAL WORK
I hereby submit to Your Honorable Body the following
changes for the Seneca Babcock Community Center,
Electrical Work, Warrens Electric, C #92010157.
1.Install a new electrical feed to a new kiln in the Ceramics
Room as requested by the Director of the Community
Center.
The foregoing change results in a net increase in the
contract of One Thousand Three Hundred Twenty Two and
50/100 Dollars ($1,322.50).
Add$ 1,322.50
Summary: Current Contract Amount $50,170.00
Amount of This Change Order (#1) Add $ 1,322.50
Revised Contract Amount $51,492.50
Costs have been reviewed by the Consulting Architect
(Biedny & Associates) and the Department of Public Works
and found to be fair and equitable. Funds for this work are
available in CPF 30341006 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 18, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Warrens Electric,
an increase in the amount of $1,322.50, as more fully
described in the above communication, for work relating to
Seneca Babcock Community Center, Electrical Work, C
#92010157. Funds for this project are available in CPF
30341006 445100 - Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 42
OHIO STREET LIFT BRIDGE OVER THE BUFFHLO
Page 23
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RIVER EMERGENCY BARRIER REPAIRS.
On April 5, 2000 an unknown vehicle struck and damaged
the north barrier gate of the Ohio Street Lift Bridge. Due to
the vital function of this gate to bridge operations an
emergency situation was declared. Hohl Industrial Services
Inc., who had performed similar work for the City of Buffalo
on the Michigan Avenue Lift Bridge, was called in on an
emergency basis to perform the necessary repairs. The
repair work was completed on May 9, 2000 by Hohl
Industrial Services Inc. at a cost of $11,185.01.
Funds for this work are available in the Division of
Engineering Account No. 30228106-445 100.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated May 24, 2000, be received and filed; and
That the Commissioner of Public Works be, and he hereby is
authorized to award an emergency contract for the repair of
the north barrier gate of the Ohio Street Lift Bridge to Hohl
Industrial Services, Inc., the lowest responsible bidder, in an
amount of $11,185.01. Funds for this project are available in
the Division of Engineering Account No. 30228106-445100.
PASSED
AYES -13 NOES - 0
NO. 43
NOTIFICATION OF EMERGENCY REPAIRS
PUMP MOTOR - MASSACHUSETTS AVENUE
One of two small pump motors at the Massachusetts Avenue
Pump Station broke down and was inoperable. Because this
pump is critical to providing the City with water, particularly in
our peak water demand months of June, July and August, I
determined that an emergency situation existed and
authorized Volland Electric to repair the pump motor at a
cost of $19,138.00. Funds for this work are available in
account number Org: 53008270, Object: 470001
Mrs. LoTempio Moved:
That the above communication from the
Commissioner of Public Works dated May 22, 2000, be
received and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to award an emergency contract for
the repair of the pump motor at the Massachusetts Avenue
Pump Station to Volland Electric, the lowest responsible
bidder, in an amount of $19,138.00. Funds for this project
are available account number Org: 53008270, Object:
470001.
Passed.
AYES-13. NOES-0.
NO. 44
PERMISSION TO HIRE ENGINEERING CONSULTANT
CENTRAL PARK PLAZA GATEWAY
CHALMERS STREET AND HOLDEN AVENUE
Permission is requested from your Honorable Body to hire
an engineering consultant for design, bidding, construction
and inspection of street improvements to Chalmers Street
and Holden Avenue in the vicinity of Central Park Plaza.
The construction estimate for this work is $750,000 and
engineering fees including inspection are not expected to
exceed $100,000.00. Funds for this work will be available in
a future Department of Public Works Capital Account.
Mrs. LoTempio Moved:
That the above communication from the
Page 24
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Commissioner of Public Works dated May 23, 2000 be
received and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to hire an engineering consultant for
design, bidding, construction and inspection of street
improvements to Chalmers Street and Holden Avenue in the
vicinity of Central Park Plaza. Funds for this project are
available in a future Department of Public Works Capital
Account.
Passed.
AYES-13. NOES-0.
NO. 45
PERMISSION TO HIRE CONSULTANT
CITY WIDE TREE SURVEY
URBAN RESOURCE PARTNERSHIP GRANT
Permission is requested from your Honorable Body to hire a
qualified consultant to perform a city wide tree survey.
The Buffalo Green Fund has secured a $75,000 grant from
the United States Department of Agriculture for Phase I of
this project. The City is required to provide matching funds
for the grant in the amount of $60,000.00, that will be
available in a future capital project account related to the
$2.5 Million Dollar 1999-2000 Capital Budget Amendment.
Permission is also requested for our department to enter into
any agreements with the U.S. Department of Agriculture
and/or the Buffalo Green Fund and transfer/accept funds as
needed to execute the grant and complete the proposed city
wide tree survey.
Mrs. LoTempio Moved:
That the above communication from the
Commissioner of Public Works dated May 24, 2000 be
received and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to hire a qualified consultant to
perform a city wide tree survey. That the Commissioner of
Public Works be, and he hereby is authorized to enter into
any agreements with the U.S. Department of Agriculture
and/or the Buffalo Green Fund and transfer/accept funds as
needed to execute the grant and complete the proposed city
wide tree survey.
Passed.
AYES-13. NOES-0.
NO. 46
621 MAIN STREET
REQUESTS PERMISSION TO
INSTALL AWNING
Mr. Michael Hodgdon, owner of The Empire Brewing
Company, located at 621 Main Street, has recently received
permission from Your Honorable Body to install a sidewalk
cafe within City right of way at said address (C.C.P.#146 of
May 16, 2000). Mr. Hodgdon now requests permission to
install an awning over a portion of the cafe. The proposed
awning would measure 45 feet in length, 5 feet in height and
project 5 feet from the building face,
The Department of Public Works has reviewed this
application pursuant to Chapter 413-56 (Awnings, Canopies
and Marquees) of the City Ordinances and has no objection
to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation
provided the following conditions arc met:
1.That the applicant obtain any and all other City of
Page 25
00-0530.txt
Buffalo permits necessary for said installation.
2.That the awning be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works Division of Buildings.
3.That the applicant supply the City of Buffalo with a five
thousand dollar construction in street bond or certificate
of insurance which will indemnify and save harmless
the City of Buffalo against any and all loss and damage
arising out of the construction, maintenance, use and
removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 47
1855 HERTEL AVENUE
REQUESTS PERMISSION TO INSTALL
SIDEWALK CAFE
Mr. Ronald R. Cauley, owner of The Lone Star Fajita Grill,
located at 1855 Hertel Avenue, has requested permission to
install a sidewalk cafe which would encroach City
right-of-way at said address. The proposed cafe would
measure twelve feet (12') in length and project five feet (5')
from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Cauley's
application pursuant to Chapter 413-59 (Sidewalk Cafes) of
the City Ordinances and has no objection to Your Honorable
Body authorizing the Commissioner of Public Works to issue
"Mere License" for said sidewalk cafe provided the following
conditions are met:
1. That the applicant obtain 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, Division of Buildings.
3.That the sidewalk cafe does not exceed twelve feet
(12') in length or extend more than five feet (5') from
the building face.
4.That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or
public sidewalk.
5. That the sidewalk cafe be completely removed from
City
right-of-way from November 15 to April I each year.
6.That the applicant be assessed the annual fee of $1.35
per square foot of City right-of-way occupied by said
sidewalk cafe as described in Chapter 413, Article IX,
Section 59 (Sidewalk Cafes) of the City Ordinances.
7.That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond
or certificate of insurance which will indemnify and
save harmless the City of Buffalo against any and all
loss and damage arising out of the construction,
maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOA RD
NO. 48
3057 MAIN STREET
REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE
Mr. John Lynch, of Cloud Nine Bar and Restaurant, located
at 3057 Main Street, has requested permission to install a
sidewalk cafe, which would encroach City right-of-way at
said address. The proposed cafe would measure thirty-nine
Page 26
00-0530.txt
feet (39') in length and project nine feet (9') from the building
face into City right-of-way.
The Department of Public Works has reviewed Mr. Lynch's
application pursuant to Chapter 413-59 (Sidewalk Cafes) of
the City Ordinances and has no objection to Your Honorable
Body authorizing the Commissioner of Public Works to issue
a "Mere License" for said sidewalk cafe provided the
following conditions are met:
1. That the applicant obtain 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, Division of Buildings.
3.That the sidewalk cafe does not exceed thirty-nine feet
(39') in length or extend more than nine feet (9') from
the building face.
4.That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or
public sidewalk.
5. That the sidewalk cafe be completely removed from
City
right-of-way from November 15 to April 1 each year.
6.That the applicant be assessed the annual fee of $1.35
per square foot of City right-of-way occupied by said
sidewalk cafe as described in Chapter 413, Article IX,
Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five
thousand
dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss
and damage
arising out of the construction, maintenance, use and
removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 49
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 15, 2000 in the Department of
Public Works, Division of Engineering, to the Position of
Assistant Engineer
Permanent Promotion, at the: Intermediate Starting Salary
of: $ 39,579.00,
Steven J. Stepniak
152 Dorrance Ave.
Buffalo, NY 14218
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 50
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 23, 2000 in the Department of
Public Works, Division of Engineering to the Position of
Bridge Operating Engineer, Permanent, at the Intermediate
Starting Salary of: $ 25,462
David J. Earl
30 Parchment Road
Buffalo,NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
Page 27
00-0530.txt
NO. 51
B. GRANT - VANDALISM IN UNIVERSITY DISTRICT)
RES #82 C.C.P. MAY 16,2000)
E District personnel have been directed to monitor
complaints of vandalism in the Main Street/LaSalle area. In
addition, District personnel have increased patrols in the
area between 12:00 AM - 4:00 AM and are instituting strict
enforcement procedures relating to violations observed in
the area.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 52
DRUG ASSET FORFEITURE CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00111767245D-BF-33452 $ 1,334.67
8155-00111638C2-00-0003 938.35
8155-00111680245D-BF-34415 687.08
8155-00111688245D-BF-34415 760.95
8155-00111803C2-98-0059 2,034.00
8155-00111765C2-99-0076 739.56
8155-00111726C2-99-0086 282.00
8155-00111717C2-99-0086 9,792.00
8155-00111731C2-99-0086 2,280.00
8155-00111788C2-99-01 13 ) 626.95
8155-00111786C2-99-0114 636.55
8155-00111737C2-00-0031 5,336.03
8155-00111812C2-00-0046 615.23
8155-00111797C2-00-0048 5316.03
8155-00111792C2-00-0048 4,100.03
8155-00111794C2-00-0048 13,511.03
8155-00111791C2-00-0050 819.74
8155-00111769245D-BF-33452 1,334.82
TOTAL DEPOSIT 46,365.02
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.
FROM THE CORPORATION COUNSEL
NO. 53
REVIEW APPOINTMENT OF MEMBERS TO THE
BUFFALO BOARD OF ETHICS C.C.P., 5/2/00, NO. 1
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Page 28
00-0530.txt
Division as of May 10, 2000) that the following appointee to
the Buffalo Board of Ethics have no outstanding debts to the
City:
Richard T. Sullivan
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 54
REPORT OF BIDS
JOHNNIE B. WILEY SPORTS PAVILION
As authorized by Your Honorable Body Item No.
57 C.C.P. 7/13/99, 1 asked for and received the following
bids for the Renovation for Offices Johnnie B. Wiley Sports
Pavilion which were opened and publicly read on May 16,
2000:,
General ConstructionBased Bid
Wilsandra Construction Co., Inc.$369,000
300 Camden Avenue
Buffalo, New York 14216
Miller Enterprises, Inc.$377,000
12 Newfield Street
Buffalo, New York 14207
The C.H. Byron Co., Inc.$451,000
100 James Avenue
Tonawanda, New York 14150
The Hadala Corp.$461,000
325 Grote Street
Buffalo, New York 14207
C. Nichter, Inc.$587,000
30 Wildwood Drive
Lancaster, New York 14086
Architect's Estimate$330,000
Plumbing
M.K.S. Plumbing Corp. $55,394
19 Ransier Drive
West Seneca, New York 14224
C & L Plumbing, Inc.$57,000
79 Sheldon Avenue
Depew, New York 14043
Numarco, Inc.$68,000
1021 Maple Road
Elma, New York 14059
W.C. Roberson Plumbing &
Construction, Corp. $74,641
602 E. Delavan Avenue
Buffalo, New York 14211
H & M Plumbing & Mechanical
Contracting$78,393
1425 Military Road
Kenmore, New York 14217
Elmwood Plumbing, Inc. $79,000
P.O. Box 604
414 West Ferry Street
Buffalo, New York 14213
Architect's Estimate$30,000
Heating Ventilation and Air Conditioning
W.C. Roberson Plumbing &
Construction Corp. $49,900
602 E. Delavan Avenue
Buffalo, New York 14211
Architect's Estimate $66,000
Page 29
00-0530.txt
Electrical
Weydman Electric, Inc. $62,500
747 Young Street
Tonawanda, New York 14150
Frey Electric Construction
Co., Inc. $64,800
1300 Military Road
Buffalo, New York 14217
Architect's Estimate$68,000
I hereby certify that the foregoing is a true and
correct statement of all bids received and that the following
firms are the lowest responsible bidders in accordance with
the plans and specifications.
General Construction - Wiisandra Construction
Company, Inc., $369,000; Plumbing - MKS Plumbing Corp.,
$55,394; HVAC - W.C. Roberson Plumbing & Construction
Corp., $49,900; Electrical - Weydman Electric, Inc., $62,500.
The four contracts total $536,794 for the proposed new
offices.
I recommend that Your Honorable Body authorize
the Commissioner of Community Development to order the
work on the basis of the low bids. Funds for this work are
available in Munis Org 30022406.
Mrs. LoTempio moved:
That the above communication from the
Commissioner of Community Development dated May 16,
2000, be received and filed; and
That the Commissioner of Community
Development be, and he hereby is authorized to award
contracts for the Renovation for Offices Johnnie B. Wiley
Sports Pavilion, to the lowest responsible bidders, for
General Construction to Wilsandra Construction Company,
Inc., in the amount of $369,000; for Plumbing to MKS
Plumbing Corp, in the amount of $55,394; for HVAC to W.C.
Roberson Plumbing & Construction Corp., in the amount of
$49,900; for Electrical to Weydman Electric, Inc., in the
amount of $62,500. Funds for the project are available in
Munis Org. 30022406.
PASSED.
AYES-13. NOES-0.
NO. 55
SCHILLER PARK PAVILION - REPORT OF BIDS
Having received permission, Item #60, C.C.P. 2103~98,to
execute the
master plan for Schiller Park, I hereby request permission to
take bids for the above project; and have asked for, received
and publicly opened the following bids on May 16, 2000 for
Schiller Park Pavilion:
I hereby certify that the foregoing is true and
correct statement of the bids received and that the following
firms are the lowest responsible bidders in accordance with
the plans and specifications. Award for General Construction
shall for the base bid plus alternates 2 and 3. All other
awards shall be for the base bids only.
I recommend the Your Honorable Body authorize
the City to order the work on the basis of the combined
lowest, responsible bid. Funds are available in the City Wide
Parks and Playground Bond Fund Account #35640206.
Mrs. LoTempio Moved:
That the above communication from the
Page 30
00-0530.txt
Commissioner of Community Development dated May 23,
2000, be received and filed-, and
That the Commissioner of Community
Development be, and he hereby is authorized to award
contracts for Schiller Park Pavilion, to the lowest responsible
bidders, for General Construction to Man O'Trees, in the
amount of $205,886; for Plumbing Work to W.C. Roberson,
in the amount of $31,435; for Electrical Work to Goodwin
Electric, in the amount of $20,400. Funds for the project are
available in the City Wide Parks and Playground Bond Fund
Account #35640206.
Passed.
AYES-13. NOES-0.
NO. 56
MONTHLY REPORTS OF LICENSES ISSUED IN
FEBRUARY AND APRIL 2000
I am respectfully submitting the enclosed report
of licenses issued in the months of February and April
2000 by the Department of Inspections, Licenses and
Permits.
RECEIVED AND FILED.
NO. 57
C. MOORE, IBEW LOCAL # 41 CONCERNS- CANDELA
SYSTEMS-PHASE VI
ENERGY MANAGEMENT PROJECT
ITEM NO. 80, C.C.P. 5/2/2000
In reference to the above stated Common Council
Communication I would like to supply your Honorable Body
with the following information. As the Department of Public
Works let out this project for bid. We in the Department of
Community Development will issue an electrical permit for
any and all electrical work performed in the City of Buffalo.
To obtain an electrical permit the electrical contractor
performing the work must be in possession of a current
master electrician's license. In the future to avoid situations
such as these, we suggest that the Department of Public
Works place a clause in their bid document "boiler plate" that
any and all work performed by any contractor have proper
licensing and obtain the necessary permits prior to the
commencement of work. It is my sincere hope that this
response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 58
RESPONSE - HOMESTEAD OR PURCHASE
185 COIT STREET
The above referenced item is a request from Mr.
Michael A. Threat of 187 Coit Street, to purchase or
homestead 185 Coit Street.
I have asked the Director of In-Rem Properties to
contact Mr. Threat and follow-up on his request.
The results of negotiations will be filed with Your
Honorable Body for consideration.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 59
USED CAR DEALER
59 STANISLAUS
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
Page 31
00-0530.txt
application for a Second Hand Dealer License located at 59
Stanislaus and find that as to form it is correct. I have
caused an investigation into the premises for which said
application for a Second Hand 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 Robert Bourkney. The attached
thereto for Robert Bourkney d/b/a Robs Affordable Tires
located at 59 Stanislaus. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 60
USED CAR DEALER
1739 WILLIAM
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Second Hand Dealer License located at
1739 William and find that as to form it is correct. I have
caused an investigation into the premises for which said
application for a Second Hand 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 Dominic DiCioccio. The attached
thereto for Dominic DiCioccio d/b/a Mr. Lube of Buffalo Inc.
located at 1739 William. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 61
W. SILVAS -REQ. SUSPENSION TOO USE HARD PIPE
HVAC DUCTWORK HAMPTON
INN PROJECTS
ITEM NO. 84, C.C.P. 5/2/00
In response to the above stated Common Council
communication I wish to supply your Honorable Body with tl
following information. Section 238 of the Ordinances of the
City of Buffalo govern the types and material used in the
delivery of heat in warm air heating systems. Section
238-27D. states the conditions that must be met when
installing flex duct on any heating installation. Section
238-27 B states where the use of galvanized iron ductwork is
required places of "dwelling". Section 238-27 C states that
"places of dwelling include "multiple dwellings". Hotels a
considered multiple dwellings. When this ordinance was
originally drafted, the intent was not to allow the use of flex
type duct in residential dwelling units. This product is subject
to physical damage when installed in a basement or attic a
house. If this ductwork is installed in a manner that will
provide for protection from physical damage, we have r
objection to the installation of this product on this project. It is
my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 62
WAIVE PERMIT FEES HANDICAPPED RAMPS
ITEM NO.207, C.C.P. 5/2/2000
In response to the above stated Common Council
communication I wish to supply your Honorable Body with
Page 32
00-0530.txt
the following information. As a matter of law, the Department
of Community Development, Division of Inspection Licenses
and Permits collects a fee for all permit and license
categories. Any improvement exceeding seven hundred and
fifty dollars ($750.00) in value requires a building Permit. In
the case of handicapped ramp installation, it is imperative
that a Building Permit is issued for their installation. The
Building Permit triggers the inspection process that assure
proper installation of these handicapped facilities. The
waiver of any fee is considered a gift of public funds. If a
hardship does indeed exist for a family or individual wishing
to install a handicapped ramp, it is the decision of your
Honorable Body in which situations the fees may be waived.
It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 63
CERTIFICATE OF APPOINTMENT
Appointment Effective May 11, 2000 in the Department of
Community Development, Division of Inspections, Licenses
and Permits, to the Position of
Electrical Inspector, Temporary, at the Intermediate Starting
Salary of $38,204.
David Gilmour
29 Carlyle
Buffalo, NY14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF STREET SANITATION
NO. 64
RESPONSE TO # 15 9 C. C.P., MAY 16, 2000, "INCREASE
HEAVY TRASH PICK-UP
FREQUENCY"
The Department of Street Sanitation currently
provides curbside pick-up of heavy trash in the
following manner:
1.2 pieces of heavy trash can be placed
at the curb each week with regular
trash and recycling;
2.2 large trash collections are held each
year in the Spring and the Fall; and
3.Residents are allowed to bring up to
2,000 pounds of household trash to
the City's East Side Transfer Station
each year.
In order to increase heavy trash collections we would have
to suspend lot cleaning, lot cutting, and brooming. These
activities are conducted in the 9 week summer period
between the large trash collections.
The Department has found that the amount of illegal
dumping, and the sheer volume of trash has been
significantly decreased under our current collection program.
If we were to change at this point, there would be other
adverse impacts realized by decreasing the other services
we provide.
In terms of the promotion of the collection services, our
Department has done interviews on public access cable
stations, sent out notices in the user fee bills and public
service announcements in the Buffalo Evening News. In
addition, we have kept the same schedule from year to year
so that residents know approximately when the trash season
begins and ends. We can make additional brochures
Page 33
00-0530.txt
available to the council, as we do with senior centers, block
clubs, and other opportunities to promote our services. If you
have any specific suggestions, please contact me so that we
might investigate these additional opportunities.
We believe that our Department does a better job than has
been done in the past in, terms of collecting trash, since we
have made the collection system changes when the Masiello
Administration first took office. We are open to discussing
new ideas regarding the services that we provide. However,
at this time I do not believe that there is an opportunity to
increase the heavy trash collection services at this time.
What we can do is further investigate the use of video
cameras in areas where illegal dumping is prevalent to
identify those people that are dumping materials illegally.
This would help to improve the cleanliness of the City, as
identified in the Council's request.
If you should have any further questions, please contact me
at 851-5949. Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 65
SOLID WASTE USER BILL
Enclosed is a copy of the Solid Waste User Fee bill that is
sent to properties in the City of Buffalo. As you can see
under LATE CHARGE it states "a processing charge of
$5.00 shall be added to each quarterly payment not received
within 30 days of the respective billing date." The
explanation goes on in bold letters, "PAYMENT MUST BE
RECEIVED BY, NOT MAILED BY, THE END OF THE
BILLING MONTR"
This is all very well explained and should cause little if any
confusion. If Mr. Rosenberg had tried to call this office after
the first indication of trouble this problem could have been
solved.
A copy of Mr. Rosenberg's payment history is also attached
with late payments highlighted.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 66
CERTIFICATE OF APPOINTMENT
Appointments Effective: May 22, 2000 in the Department of
Street Sanitation to the Position of Heavy Equipment
Operator (Permanent)
at the Intermediate Starting Salary of: $28,840.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Robert L. Kozak
183 Pineridge Rd.
Buffalo, NY 14225
Peter Nicosia
1310 Amherst Street
Buffalo, NY 14216
Eugene A. Kelsey
45 Shoreham Parkway
Buffalo, NY 14216
NO. 67
CERTIFICATE OF APPOINTMENT
Appointments Effective: May 22, 2000 in the Department of
Street Sanitation to the Position of Heavy Equipment
Operator, Permanent, at the Maximum Starting Salary of $
30,708.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Joseph F. Szafranski
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93 Gordon St.
Buffalo, NY 14224
Michael M. Skowron
87 Alpine Place
Buffalo, NY 14225
Anthony J. Serio
71 Spruce
Buffalo, NY 14226
William J. Deschenes
98 Laurentian Drive
Cheektowaga, NY 14225
Martin A. Furmanek
12 Birchwood
Cheektowaga, NY 14227
NO. 68
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 22, 2000 in the Department of
Street Sanitation to the
Position of Heavy Equipment
Operator (Permanent)
Permanent, at the Maximum Starting Salary of $30,708.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
John J. Miceli
410 Massachusetts
Buffalo, NY 14213
Michael J. Moran
314 Ideal Street
Buffalo, NY 14206
Sam DeSabio
62 Hartwell Road
Buffalo, NY 14216
Richard E. Chmiel, Jr.
76 Vandalia Street
Buffalo, NY 14204
Harrison Mullen, Jr.
413 Riley
Buffalo, NY 14208
Joseph P. Sammarco
123 Frontenac Avenue
Buffalo, NY 14216
Terrence J. Sullivan
331 Woodside Avenue
James J. Tronolone
6 Sandrock Road
Buffalo, NY 14207
Irving L. Fowler
208 Best Street
Buffalo, NY 14209
Gyrone McCoy
202 Hamlin Road
Buffalo, NY 14208
Cruciano G. Monteleone
122 Albany Street
Buffalo, NY 14213
Daryl Oliver
673 Fulton Street
Buffalo, NY 14210
Donald R. Palmer
31 Philadelphia
Buffalo, NY 14207
Jerry Rowe
25 Ada Place
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Buffalo, NY 14208
NO. 69
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 15, 2000 in the Department of
Street Sanitation to the position of Truck Driver, Provisional,
at the Maximum Starting Salary of $28,317.
Sean F. Carney
118 Ryan Street
Buffalo, NY 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 70
PERMIT FEES
RESPONSE - CITY PERMIT FEES (A&F)
#186 CCP 12/14/99; #68, CCP 12/28/99
As you are no doubt aware, the Buffalo Niagara Partnership
has volunteered to create a task force that will lead a study
of permit fees at no cost to the City. The task force will be
finalized this month, and the study will be in process for 2-3
months, with recommendations coming back to the City at
the end.
The Mayor is fully in support of the Partnership's work, and
Administration and Finance will be included in the study
group. We are concerned that the overall effect of the
changes be as revenue neutral as possible, as otherwise the
City budget will be out of balance and/or we will need to
increase our dependence on the property tax, which
because of reval will be a decreasing source of revenue.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 71
WAIVE PERMIT FEES-HANDICAPPED RAMPS
ITEM #207, C.C.P. MAY 2,2000
There is no permit fee for Handicapped Ramps.
Permit fees are based on cost of construction, not what is
being constructed. Fees for construction of miscellaneous
structures start at a value of $750 and go up for each $1,000
thereafter.
If your resolution is concerning Handicapped Lifts,
that is regulated by State Law. Contractors are licensed by
the City however to do inspections.
In addition, handicapped ramps can be covered
under the City's encroachment law if the ramp encroaches
on City owned property. The rates for encroachments were
just recently lowered.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 72
BRODERICK PARK CONCESSION
Mr. William Shylo, concessionaire under contract
with the city, informed us that he cannot undertake both of
his waterfront concession operations for the 2000 season.
[attached is copy of his letter.
Therefore, we immediately (on May 4, 2000)
requested General Services to prepare to re-bid this location
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in order to have a concession open,
Note - the concessionaire at this site is responsible to
maintain the public bathrooms located in the
concession stand building.
Mrs. LoTempio moved:
That the Commissioners of Human Services, Parks and
Recreation and General Services be an hereby are
authorized to Re-Bid the Broderick Park Concession contract
PASSED
AYES 13. .NO-0
NO. 73
DELAWARE PARK CONCESSION BIDS
General Services is in the process of obtaining
bids for the operation of the Delaware Park Concession for
June, July, August and September of 2000, and for the full
season in 2001 [April through September] with a two year
option [standard contract length]. General Services is
proceeding based on previous Council "permission to bid"
passed November 30, 1999, Item 60.
Bidders will be notified that the 2000 payment will
be prorated based on a full year [2001) bid, reduced by the
actual number of months the concession stand is in
operation this year.
RECEIVED AND FILED.
NO. 74
DELAWARE PARK CONCESSION
Since the Council's rejection of the Olmsted Parks
Conservancy's proposal to operate the Delaware Park
Concession, my office has inquired into the feasibility of new
formal bids. Because of formal advertisement requirements
the Department of General Services advises us the bidding
process will be a lengthy one. General Services also advised
they have numerous fiscal year end purchasing obligations.
A completed set of bids would open at the earliest
July 15th. The Council would need to approve the successful
bidder moving the opening of the stand to sometime in
August. A new vendor needs time to set-up the operation
according to their needs and obtain necessary permits
[health department], ensure electrical/plumbing equipment,
and fixtures are in working order.
In the interest of having the stand open this
season we contacted the second high bidder from the 1998
formal bid list. The high bidder, Mr. Gerald Sansonese, was
awarded a two year contract with a two year option. The
second high bidder is "The Squeeze Shoppe", Mr. Daniel
Santasiero and Kathleen Ciocca. Attached is a copy of a
letter land menu] from Mr. Santasiero expressing his interest
in operating the stand should it become available.
Mr. Santasiero is willing to undertake the
operation of the stand for the 2000 season provided he can-
open by June 22, the date of Corporation Challenge Run in
Delaware Park. Upon his inspection of the stand he
determined that he will need to install equipment and make
electrical and plumbing improvements. Estimated cost is
$1,000. Mr. Santasiero would also like to paint the exterior
stand in his company's colors. In light of the necessary
improvements needed, the prorated rent proposed by Mr.
Santasiero is $3,000 for the current year.
Mr. Santasiero will only agree to make this
expenditure of his time and money if there is a contract that
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allows for a one year option for the year 2001-annual rent of
$6,000. per his original 1998 bid.
We feel that this type of an operation is an excellent "fit" for
the Delaware location and indeed, the stand itself. We are
submitting the proposal in the interest of providing Delaware
Park users a refreshment stand for this summer season,
which also benefits the City of Buffalo. All records from the
1998 original formal bids including "The Squeeze Shoppe"
proposal are on file in our office.
Mrs. LoTempio moved:
That the Commissioners of Human Services, Parks and
Recreation be and he hereby is authorized to award the
Delaware Park Concession Contract to Mr. Daniel
Santasiero and Kathleen Ciocca a/k/a "The Squeeze
Shoppe" the second highest bidder due to the emergency
conditions existing at the Park.
PASSED
AYES -12 NOES - 0
NO. 75
RENTAL FEES FOR THE CAZENOVIA PARK CASINO
ITEM NO. 206, C. C.P. MAY 2, 2000
Council has asked that I respond to the above-referenced
matter.
Any use of the Cazenovia Park Casino outside of
regular working hours entails overtime costs bome by the
Department of Human Services, Parks and Recreation. The
Department has always been willing to support various
events that have public benefit; eg. fundraisers for charities,
walkathon registration, various local group picnics etc.
However, since all rental fees were waived for
the 1999 season, we have had many requests for birthday
parties, bowling parties, first communion parties, etc. which
we feel does not meet the criteria of "public benefit" since
public dollars (overtime) must be used to support the private
uses.
We would suggest the following
1The $125.00 rental fee be reinstated for all private uses
of the Cazenovia Casino.
2The Council should authorize the Commissioner to
waive fees for the use of the Cazenovia Casino for any
request that is open to the public and, has some public
benefit.
3Or, after reinstatement of the fee, require the
Commissioner of Human Services, Parks and Recreation to
submit all requests to the Council for their waiver
authorization.
We strongly believe that use of park facilities
enhances the quality of life for our citizens and will continue
to support initiatives that benefit the general public.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 76
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 23, 2000 in the Department of
Parks- Human Services, Division Of Parks, to the Position of
Park Utility Worker, Permanent Promotion at the
Intermediate Starting Salary of: $ 27,596.00
Mark Scanlon
17 Choate
Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
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FROM THE BUFFALO MUNICIPAL HOUSING
AUTHORITY
NO. 77
REVISED REVITALIZATION PLAN FOR LAKEVIEW
HOMES
The Buffalo Municipal Housing Authority is pleased to
re-submit for your information our "REVISED" HOPE VI
Revitalization Plan for Lakeview Homes.
As you may be aware, the BMHA, with the aid of Roizman
Development, Inc. has altered the overall plan based upon
comments from HUD, New York State and local officials.
The HOPE VI development will occur in three phases, as
follows:
PHASE I Lakeview Senior and Family Homes - This will
comprise 138 newly constructed units located on off-site
parcels adjacent to the Lakeview Homes public housing
development. It includes 74 units for the elderly and persons
with disabilities in a four-story elevator-building,
and 40 duplex/townhouse units on the 3.5 1ñ acre Hudson
Street Linear park. The remaining 24 units will be
duplexes and townhouses, which will be constructed off
site, on vacant lots, and on lots cleared of blighted houses
and incompatible uses, along Trenton and Hudson Streets
at the eastern edge of Lakeview Homes. These new
residential units will be directly targeted to Lakeview
Homes elderly residents and families. No demolition or
relocation of existing Lakeview Homes residents will be
required to be undertaken during this phase of
development.
PHASE II Lakeview Homes - Phased relocation of
approximately
.314 residents and demolition of 666 substandard housing "
units on the Lakeview Homes site and the redevelopment of
one hundred sixty (160) new single family rental units
on the Lakeview Homes site and the redevelopment of
one hundred sixty (160) new single family rental townhome
and duplex-type units on the original Lakeview Homes site.
Also in Phase 11, the existing Father Belle Community
Center
will be rehabilitated and expanded to 30,000 square
feet to accommodate the New Lakeview Community
Resource Center, which will serve as a focal point for the
community and the principal venue for supportive services
and self-sufficiency programming. Lastly, in order to comply
with the Comer v. Cuomo consent decree, the BMHA has
requested as additional 172 Section 8 certificates to be used
to relocate Lakeview residents into areas with lower
concentrations of low income persons.
PHASE III Lakeview Scattered Homes - One hundred sixty
(160)
dwelling units, including one hundred twenty-two (122)
new rental homes (Phase IIIA) and thirty eight (38) units
for home ownership (Phase 111B), will be built on
scattered sites in the Lower West Side neighborhood
surrounding Lakeview. The City of Buffalo will provide
resources and code enforcement programs to assist in
developing the home-ownership sub-phase. This will
-repair" the surrounding neighborhood and provide a
transition between the site and the wider Lower West Side
community.
The proposed "REVISED" Revitalization Plan
incorporates three distinct changes to the plan which was
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originally submitted to your for approval on April 30, 1998.
The changes include:
1.The on-site and off-site developments have
been consolidated by assigning the full scope
of development responsibilities to Roizman
Development, Inc., which is fully capable of
meeting all the goals of the plan.
2.Through direct consultation with Lakeview
residents, local and state officials, it was
agreed to move forward with full demolition of
the Lakeview Homes public housing site,
instead of partial demolition as was
previously proposed.
3.After repeated negotiations among all
involved parties, including State agencies
and officials, it was agreed that 9% LIHTC
will not be used for this HOPE VI
development. Instead, Roizman
Development, Inc., has created a financing
structure which utilized tax exempt bonds,
with 4% "as of right" tax credits along with
other State and local funding sources to fully
complete
the Lakeview Homes/Lower West Side
Neighborhood HOPE VI Revitalization Plan.
In conclusion, I submit herein one (1) original of
the "REVISED" Lakeview Homes/Lower West Side
Neighborhood Revitalization Plan for your review and
approval.
We are available to answer any questions you or
your staff may have regarding the enclosed.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
FROM THE CITY CLERK
NO. 78
CERTIFICATE OF APPOINTMENT
Appointment Effective May 30, 2000 in the Department of
City Clerk, to the position of Data Entry Operator,
Temporary, Appointment, at the Intermediate Starting Salary
of $27,970.
Wendy A. Nobile
62 Clayton St.
Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 79
CERTIFICATE OF APPOINTMENT
Appointment Effective June 5, 2000 to the Position of
Council Clerk,
Permanent, Promotion, at the Maximum Starting Salary of:
$36,960
Laura Rucinski
115 Dempster St.
Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 80
RECALL ITEM FROM MAYOR
At the request of the Majority Leader, Rose LoTempio and
the Corporation Counsel, I am asking that Item# 7 from the
special session of May 22, 2000 be recalled.
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It will be resubmitted with the correct information at a later
date.
Your prompt attention in this matter is greatly appreciated.
RECEIVED AND FIILED.
NO. 81
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
Memorial Auditorium
RECEIVED AND FILED
NO. 83
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance
submitted for the following individuals in the various
departments listed below:
Charles Long-Division of Engineering, Dept. of Public Works
RECEIVED AND FILED.
NO. 83
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying
for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address Business NameOwner's Name
Main Street TGIF Dynamic Rest
Operations
3057 Main HA HA HA The City Bar
241 Ashley Four in the Morning Robert Kuntz
1567 Genesee St 3 Aces Inc. Frederick Franklin
RECEIVED AND FILED
NO. 84
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:
Common Council-Susan Brennan
Public Works-Alberta Hollis
Police-Brian Winnie, Elouise Tomlin Michele Pieri, Eileen
Mahoney
Fire- Patricia Shea , Eddie Williams
Community Development-Matthew Baudo
Street Sanitation-Richard Fontana, Charles Loubert
Administration and Finance-Vincent Miranda, Wendy
Nobile
Human Services, Parks/Recreation-Deidre Cotter
RECEIVED AND FILED.
NO. 85
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:
X City Planning Board
RECEIVED AND FILED.
NO. 86
APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
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I transmit herewith appointments made in the
Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective May 15, 2000 in the Department of
Executive, Division of Mayor, to the position of Intern I,
Seasonal, Non-Competitive, at the Flat Salary of $7.00 per
hour.
Alexis Klosterman-Nyhuis
55 Whitney Pl.
Buffalo, NY 14201
Appointment Effective May 22, 2000 in the Department of
Mayor's Office, Division of Mayor's Summer Youth & Intern
Program, to the position of Intern IV, Seasonal, Non-
Competitive, at the flat starting salary of $6.00 per hour.
Sean Ryan
628 West Ferry
Buffalo, NY 14222
Appointments Effective June 1, 2000 in the Department of
Executive, Division of Mayor, to the position of Intern IV,
Seasonal, Non-Competitive, at the flat starting salary of
$6.00/hr.
Damali Brown
201 Minnesota Ave.
Buffalo, NY 14214
Haven Dove Hampton
2 North Parade Ave.
Buffalo, NY 14211
Timothy Hart
91 Portland St.
Buffalo, NY 14220
Nicholas Heidinger
172 Alabama St.
Buffalo, NY 14204
Nicholas Kelly
343 Hampshire St.
Buffalo, NY 14213
Christopher Lazarus
11 Linwood Ave., Apt. 5I
Buffalo, NY 14209
Armond Lofton
372 Roslyn St.
Buffalo, NY 14215
Patrick Spitler
438 Woodward Ave.
Buffalo, NY 14214
Melissa Zizzo
181 Newfield Ave.
Buffalo, NY 14207
Erica Pollak
562 Parkside Ave.
Buffalo, NY 14216
Nicole Savage
207 West Ferry St.
Buffalo, NY 14207
Maureen Smith
14 Brost Drive
Buffalo, NY 14220
Jennifer Vigiano
193 Downing St.
Buffalo, NY 14220No. 87
NO. 87
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NOTICES OF APPOINTMENTS -
SEASONAL/FLAT
I transmit herewith certificates received by me,
reporting seasonal and flat salary appointments
made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF HUMAN SERVICES, PARKS
AND RECREATION
Appointment Effective: May 29,2000, in the
Department of Human Services, Division of
Recreation to the Position off Laborer Il, Seasonal
Non Competitive at the:Flat Starting Salary of $
6.92/hr
Lyndell Lipscomb, 56 Fosdick Buffalo 14209
Jose Ramirez, 204 Bird, Buffalo, NY 14213
Brian Carr, 160 Tuscarora, Buffalo, 14220
Jeffrey Logal, 55 Virgil, Buffalo 14216
Kevin Young, 59 Weber, Buffalo 14215
Corey Krug, 153 Shenandoah, Buffalo 14220
Kevin O'Neil, 866 Abbott, Buffalo 14220
James Wilkinson, 83 Philadelphia, Buffalo 14207
DEPARTMENT OF PUBLIC WORKS
Appointment Effective: May 22, 2000, in the
Department of Public Works, Division of Engineering
to the Position Of Laborer I, Seasonal,
Non-Competitive at the Flat Starting Salary of: $ 6.22
hr.
Miguel Virella, 306 Vermont St., Buffalo, NY14213
DEPARTMENT OF STADIUM AND AUD
Appointment Effective: 5/17/00 in the Department of
Stadium & Auditorium, Division of 1-Dunn Tire Park
to the Position of Laborer I, Seasonal,
Non-Competitive at the Flat Starting Salary of:
$6.22/hr
Virgenmina Puyarena, 1697 South Park Avenue,
Buffalo, 14220
Evelyn Melendez, 368 Marilla Street, Buffalo, 14220
John Thiry, 1030 1/2 West Avenue, Buffalo, 14213
DEPARTMENT OF STREET SANITATION
Appointment Effective: May 19, 2000 in the Department of
Street Sanitation, Division of Seasonal Laborer II, Seasonal,
Non-Competitive
at the flat Starting Salary of $6.92/hr
Philip P. Pugh, 35 Archer Street, Buffalo, NY 14210
Appointment Effective May 18, 2000, in the Department of
Street Sanitation, to the Position of Seasonal Laborer Il,
Seasonal, Non Competitive
At the flat Starting Salary of $6.92/hr
Jonathan Feinstein, 462 Bird Avenue, Buffalo, NY 14213
Joseph A. Slomba, 190 O'Connell Avenue, Buffalo, NY
14210
Appointment Effective: May 27, 2000 in the Department of
Street Sanitation, Division of Seasonal Laborer II, Seasonal,
Non-Competitive
at the flat Starting Salary of $6.92/hr
Leonard P. Wachowski, 1310 Bailey Avenue, Buffalo, NY
14206
NO. 88
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
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departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment Effective: 04/12/00 in the Department of
Administration & Finance Division of Treasury to the Position
of Teller, Temporary Appointment
at the 1st step of $25,550.00
Irene D'Orlando, 112 Gibson,Buffalo NY 14212
DEPARTMENT OF AUDIT AND CONTROL
Appointment Effective May 22, 2000, in the Department of
Audit and Control, Division of DATA PROCESSING
to the Position of Computer Programmer, Temporary
Appointment at the minimum Starting Salary of $35,446/yr
Susan Brennan ,273 East St, BUFFALO, NY 14207
DEPARTMENT OF STREET SANITATION
Appointment Effective: May 15, 2000 in the Department of
Street Sanitation to the Position of Truck Driver
Provisional Appointment at the: Minimum Starting Salary of
$25,423
Michael J. Ryan, 93 Mineral Spring Road, Buffalo, NY
14210
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIALCOMMUNICATIONS
NO. 89
L. BEAHAN VAR ISSUES COAL BURNING ELTRICAL
POWER
Regarding: 1. Coal smoke pollution of Buffalo, NY by
Canada's Nanticoke electric power plant.
2.Current negotiation of the Ozone Annex to the
Canada-United States Air Quality Agreement.
Dear Common Council President Pitts,
Our city and region are situated just 63 miles downwind of
the largest coa lburning electrical power generation plant in
North America, Nanticoke, on the north shore of Lake Erie
in Ontario, Canada.
Canada's emission standards for smog and
ozone-producing nitrous oxide (NOx) in coal smoke allows
this plant to spew three times as much of these illness -
producing, lung-irritating pollutants as do U.S. standards.
Canada has not required Nanticoke to equip itself with the
catalytic scrubbers in use at virtually all coal-burning plants
in the U.S., for the removal of NOx from smoke.
As a result, Buffalo suffers 5 to 15 days each year when
ground level ozone in smog is so intense that asthmatic
children and anyone with lung conditions like emphysema
must stay indoors to avoid exposure to it. There are
neighborhoods near Buffalo's waterfront where the rate of
asthma is four times the national average.
In an attempt to control cross-boundary smog, the United
States and Canada are negotiating an NOx and VOC
(volatile organic compound) annex to our Clean Air and
Clean Water treaty. Negotiators have pledged to reach an
agreement by the end of year 2000 and possibly before
U.S. elections. Insiders say that negotiators are ready to
walk away with a handshake-agreement to study the issue.
The Niagara Group of the Sierra Club has therefore passed
the following resolution, which calls upon you and other local
officials to speak out on these negotiations and ask that our
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00-0530.txt
federal government ensure the Nanticoke and other
Canadian power plants meet the same emissions standards
as American plants.
Do not allow these negotiators off the hook while Buffalo
stifles. Insist that Canada, which has always blamed the U.S.
for polluting, live up to the demands they make on us.
The wind that pours down Lake Erie should be allowed to
cleanse and refresh Buffalo once again. It should not
continue to be a toxin-filled Canadian sewer forcing
Buffalonians into hospitals.
REFFERRED TO THE COMMITTEE ON LEGISLATION
AND THECORPORATION COUNSEL
NO. 90
K. COFER-SUPPORT CANAL SLIP PLAN
I'm writing to express my support of the Empire State
Development's Inner Harbor Project with it's Canal Slip Plan
that will afford area residents opportunity to experience the
waterfront by way of the wheelchair and handicapped
access. This is a valuable addition that will ensure equal
access to all community members and I applaud this design.
Chautauqua Striders has experienced the pleasure of a trip
on the Excalibur. The possibility of access being cut off from
residents that are disabled would be a tragedy for the
greater Buffalo and Southwestern New York area. I urge you
to continue with your plans to keep this new Inner Harbor
Project access available for everyone.
RECEIVED AND FILED
NO. 91
COMM VOICE ORG-INFUSE AFRICAN & AFRICAN
AMERICAN CONTENT INTO SCHOOL CURRUICULOM
he Community Voice Organization Inc. is asking that your
office support the following Resolution on behalf of the
African American community. This resolution is regarding the
need to continue the implementation of the 1986-87 School
District's policy to Infuse African and African American
Content into its Curriculum in all grades and all subjects.
Background
In 1986 the Buffalo School District enrolled about 48,000
pupils, of which roughly 52% were African American. In
contracts, less then 1/5 of the teachers in the District were
African Americans. In fact the District was under a court
desegregation order to increase the percentage of African
American teachers to at least 21 percent.
The impetus for developing the African/African American
Curriculum Content Infusion Policy began during the
1986-87 school year when the District gained national
attention because of its magnet school program. The
Superintendent of schools appointed two special task forces
to address the issues of, 1.) Handicapping Conditions, which
focused on the high numbers of African American students
in Special Education, and 2.) The Task Force on
Suspensions, which focused on the high rates of formal
school suspension for African American males.
Both Task Forces independently recommended that African
and African-American curriculum content be taught in all
subject areas and at all grade levels. The Task Force On
Handicapping Conditions included in its report that, " The
Study of African Civilization and African American History in
all curricular areas (Literature, art, math, Science, social
studies, music) and how the contribution from African
civilization impacts on today's world." The Task Force On
Suspension stated that, "African and African American
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History are a must in terms of their educational, social and
moral value for all students. Such course offerings should
span the entire curriculum and not be limited to Social
Studies and Language Arts classes."
Following these recommendations, during the 1987-88
school year, an advisory committee was formed and a
consultant retained by the District to develop an approach for
implementation of the Curriculum Infusion Policy (CIP). The
Consultant resigned within one year citing problems with the
District's Administration. During the 1988-89 school year
each teacher in the District was given a curriculum guide and
monthly in service training was provided. In January 1990,
two pre-K through grade 8 elementary schools began
building-wide implementation of the CIP as Pilot sites.
Training and Professional Support for Teachers was
provided through paid weekly in-services training. Also,
weekly lectures were provided for teachers by a consultant
retained by the District. Yet, the CIP implementation was not
successful. Today, even though the need for CIP remains,
the impetus has been completely lost.
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE BOARD OF EDUCATION AND CORPORATION
COUNSEL
NO. 92
E. CUDNEY CURB SIDEWALK TREE AT 185 WHITHALL
AVE
I would like to bring the following matter to your attention.
Since 1998, I have brought to the City of Buffalo's attention a
hazardous condition located on the G-,~'s property directly in
front of my residence at 185 VVhitehall Ave. located in the
City of Buffalo.
Upon receipt of my complaint of the hazard, the City
investigated the situation and in a follow up letter from the
City of Buffalo it clearly states "the damaged curb and
sidewalk is caused by the growth of tree roots".
In my opinion, if damage is caused by something and in
order to properly repair and resolve the reoccurrence one
must take care of whatever is causing it in the first place. In
this case, the city followed up with the fact that the tree roots
caused the damage, (which are attached to the tree). I will
not get to depth on tree growth, but if something is
preventing it from growing eventually, it will die.
So at this point (12/16/98), we now have a lifted sidewalk, a
damaged curb with sharp edges and a tree that cannot grow
In addition, the City responding that it will be taken care of at
the earliest possible opportunity.
On October 25, 1999, the "City owned" tree broke of at the
base and landed on in vehicle causing S4,48-7.86 in
damages. Fortunately, there were no personal injuries. I filed
a claim with the City of Buffalo for rii1% S500.00 deductible
and $93.62 car rental during the time of repairs. Money out
of my pocket for damaged caused b% the city tree.
On February 7, 2000, I sent another letter to the City
explaining my continued concern of the hazardous condition,
which still remains in front of my property. I have enclosed a
copy for you.
On 4/25/00 I received a letter from City of Buffalo
Department of Law indicating they have denied our Claim for
damages and reimbursements on the basis that we did not
notify the City regarding the condition prior to the tree falling
on my vehicle and causing damage. In defense of this, upon
the City's initial investigating they became aware of the tree
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roots which is recorded in their letter dated 12/16/98 and
should serve as prior notification of an "alleged condition" as
require per Sec. 362 EN (1) Conditions Precedent to Action
a outlined in the City of Buffalo code book. Therefore, I
should receive full payment of the claim filed with the City
Because of a telephone call I placed with the City
Department of Law, upon further re-new they are going to
reconsider my claim and have offered to pay me 50% of the
original claim. Although I would prefer to total amount of
claim, I accepted their offer and they would resubmit it to the
Common Council For approval I strongly believe I am
entitled to the full claim originally submitted.
I want to go on record that at this point the hazardous
condition still exists and needs to be rectified. Which
includes, curb and sidewalk replacement and removal of the
tree stamp.
I know the City has a lot of upkeep in the areas and
constantly asks for volunteers to help out were they can and
as a past four year volunteer for Brush Up Buffalo I can
attest to the constant upkeep of our areas. -\s far as the City
saying, they have included the location on their list for
replacement at the earliest opportunity", I reel two years is
more than sufficient to complete this work. If there is
anything, you can do to expedite this matter it would be
greatly appreciated. Not only do my children play in the area
there are neighboring children and residents that
consistently play and use the sidewalk directly in front of my
residence. Someone eventually will get hurt.
Again, if there is anything you can do to help get this
repaired it would be greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE THE
COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF HUMAN SERVICES, PARKS AND
RECREATION AND THE CORPORATION COUNSEL
NO. 93
COLLEEN CUMMINGS-MEMBER LIST - WORKFORCE
INVESTMENT BOARD
Please find the enclosed list of newly appointed
Workforce investment Board (WIB) members as per the April
13 request of the Council's Community Development
Committee.
The two remaining issues: budget and personnel lists, have
not yet been determined. I will inform your office as soon as I
have information to forward.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 94
R. DZENIS-EMPIRE STATE DEV.-DSEIS INNER HARBOR
DEV. PROJECT
Attached is an amendment to item# 81 of Common
Council meeting May 16, 2000. R. Dzenis
Empire State Development DSEIS Inner Harbor Dev.
Project.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 95
L. FRANZ-
"RESULTS NEG.- 1018 LAFAYETTE"
Canisius College desires to purchase 10 18 Lafayette to
provide parking for a student townhouse development which
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is projected to begin construction this August, to be
completed by August 2001.
The original plan, as shown on the enclosed drawing for I 15
beds and 59 parking spaces, has been reviewed and
approved by the City Planning Board. This phase of the
project did not require the use of 10 18 Lafayette for parking.
The original plan has been revised and is illustrated in the
enclosed drawing for 196 beds and 91 parking spaces which
will be submitted to the City Planning Board shortly. This
plan will utilize 10 18 Lafayette for parking as well as two
adjoining lots that are being purchased from a private owner.
Please call my office, 888-2480, if further information is
needed or if my appearance at a Council meeting would be
helpful.
RECEIVED AND FILED
NO. 96
J. GENCO-BUSINESS PLAN FOR BROADWAY MARKET
In response to request Broadway Market Board of Directors.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 97
B. GRANT INFO ON TRAFFIC MAIN/LASALLE
Please file this letter regarding the traffic situation on Main
Street and LaSalle
Dear Councilmember Grant:
I wish to file a complaint against the traffic situation on Main
Street and LaSalle Avenue.
Because of the construction of the new homes in the area,
there is an obstruction reaching into Main Street, causing
traffic to narrow down to one lane. This causes a traffic back
jam extending down Main Street for several blocks. Not only
does this slow down traffic to a crawl, it causes motorists to
contend with those impatient drivers who choose not to
follow the lane restrictions, but speed up and enter unsafe
lanes on both the right and left, and then sharply cut in
without regard to other drivers.
I have never seen workers doing anything on this site. It
would seem to me that if the construction managers knew
they were causing such severe traffic problems, they would
make every effort to expedite the work they are doing so that
a normal traffic pattern could resume. I do not see this
happening.
I would appreciate any assistance you can give in this
matter-as I am sure would every other motorist who must
travel this route.
REFERRED TO THE CONDIITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 98
B. GRANT CONCERNS NEWBURGH ST
Enclosed please find a copy of a letter from a "anonymous
constituent" from the University District in reference to
problems on Newburgh Street near East Delevan. In addition
to this letter, this office has received numerous complaints
about this specific area of Newburgh Street.
Please file this information with the City of Buffalo Common
Council.
If you have questions, or need additional information, please
do not hesitate to contact me at my office.
I AM SORRY THAT I HAVE TO REMAIN ANONYMOUS
BECAUSE OF MY CHILDREN. I AM A
6 YEARHOME OWNER AND NEWBURG ST. BETWEEN
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EAST DELEVAN AND PROCTOR AND
I CAN TELL YOU I AM VERY DISAPPOINTED IN THE WAY
THINGS HAVE TAKEN A TURN IN
ON THE STREET. A FEW YEARS AGO I WROTE MS.
KLINKO A LETTER TELLING HER ABOUT
GANG ACTIVITY IN THE VICINITY OF 312 NEWBURG
AND HOW THE GANG OF THUGS WERE
HANGING IN FRONT OF A ELDERLY WIDOW'S HOME
AND THE PROBLEM WAS RESOLVED
QUICKLY. YESTERDAY EVENING MAY, 22 THERE WAS
A DRIVE BY SHOOTING ON MAIN ANI
RILEY, 2 YOUNG MEN WERE SHOT, ONE IN THE HEAD
AND ONE IN THE ARM, I UNDERSTAN]
THEIR INJURIES ARE NOT LIFE THREATENING. THE 2
SUSPECTS WERE FROM 312-314
NEWBURG ST. WERE ARRESTED FOR THE SHOOTING.
THESE MEN ARE THE SONS OF LEON
JONES(ONE OF MOST NOTORIOUS DRUG DEALERS IN
BFLO. ONLY TO BE OUT RANK
BY THE INFAMOUS DONALD SLY GREEN WHO WAS
RESPONSIBLE FOR THE HUGH CRACK
I SAW HOW THE JONES CREW DESTROYED MONTANA
ST. IN THE 701S AND IF COMMUNITY
ACTIVIST AND OUR COUNCILPEOPLE DO NOT REACT
SWIFLTY TO THIS INFORMATION, THE
SAME THING WILL HAPPEN IN THE UNIVERSITY
DISTRICT AND NEWBURG BECAUSE IT HAS
ALREADY BEGIN. I MYSELF AM THINKING SERIOUSLY
ABOUT SELLING AND MOVING INTO
A QUIETER NEIGHBORHOOD. LOUD OBSCENE MUSIC
IN CARS PULLING UP IN FRONT OF
HOMES AND KEEPING THE MUSIC SKY HIGH WHILE
WAITING FOR WHOMEVER THEY CAME
TO PICK UP, DROPPING TRASH OUT OF THE CARS,
HORNS BLOWING ALLNIGHT. IF I DEC
TO STAY ,I WOULD LIKE SOME RESULTS
ANPIALSO 385 NEWBURG AND MAYBE 381
NEWBURG(BROWN DOUBLE HOUSE(RENTERS).
SHOULD BE WATCH CLOSELY FOR DRUG
DEALERS, MAYBE THE POLICE SHOULD BE MORE
VISUAL, THEY RARELY PATROL THE AREA
I CAN UNDERSTAND WHY BECAUSE OF THE PREVIOUS
STATUS CONCERNING THE
NEIGHBORHOOD , WHEM IT WAS QUIET AND DID NOT
NEED POLICING, HOWEVER IT DOES
NOW. IWOULD LIKE TO BECOME INVOLVED IN
PRESERVING THE NEIGHBORHOOD WITH
DECENT WORKING PEOPLE AND PLAN ON ATTENDING
THE NEXT MEETING INVOLVING
THE.NEIGHBORHOOD. BUT FOR NOW I AM TELLING
YOU WHAT'S GOING ON AND MAYBE IT
CAN BE RECTIFIED. BECAUSE WHEN I ARRIVE HOME
MONDAY NEWBURG AND EAST
DELEVAN WAS SWARMING WITH POLICE AT THE JONE
'S HOMEMOUD TURQUOISE) HOUSE
FEW DOORS FROM THE CORNER, WITH POLICE AND
THEY DID MAKE AN ARREST THERE
THEY WERE ALSO SEARCHING FOR DRUGS THAT
WERE SUPPOSINGLY THROWN FROM THE
WINDOW. BUT THIS HOUSE BEARS WATCHING IF YOU
CARE ANYTHING ABOUT
PRESERVING AND THE NEIGHBORHOOD AND THE
OTHER 2 HOUSES ALSO.
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REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
NO. 99
B. GRANT INFO ABANDONED TIRES
Dear City Clerk:
Please file the article 'State will try new approach to get rid of
old tires' with the Buffalo Common Council.
This information is being provided to all Councilmembers to
supplement Resolution # 114 regarding proper disposal of
abandoned tires. Councilmember Grant believes that this
additional information will support her stand that the Buffalo
Department of Sanitation should remove old abandon tires at
frequent intervals.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 100
B GRAY-CONCERN DEMOLITION OF 14 MOHICAN ST.
Dear Councilmember Gray:
My name is Ms. Gloria White, I presently reside at 507 E.
Ferry Street. Last year I came to your office regarding the
demolition of a house at 14 Mohican Street. I tried
desperately to stop this process but was unable to prevent it
from being demolished. The city did demolish the house on
June 22, 1999.
I also owned a motor vehicle that was destroyed by the City
in the process of tearing down the house. The truck was in
the back yard near my garage. I was making repairs to the
truck at the time, that costs me approximately $600.00 aside
from the sentimental value of (S1,000.00) and the estimated
Kelley Blue Book Value of $1,640.00.
I am requesting the City of Buffalo be liable for the lost of my
truck, because I was not notified that the demolition of 14
Mohican was not halted.
REFERRED TO THE SPECIAL COMMITTEE ON CLAIMS
NO. 101
B. GRAY JEFFERSON AVE BUS DISTRICT
Please file that attached information in the appropriate
committee. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 102
PROBLEM DELI STORES IN HAMLIN PARK
All these properties appears to have illegal activities on or
near them.
1) 281 East Delavan Avenue--- HOLLY FARMS /corner of
Pansy P1.
2) 432-436 East Ferry Avenue--- HOLLY FARMS /corner
of Worhlers
3) 1423 Jefferson Avenue --TARGET /corner of
Woodlawn Ave
4) 1614 Jefferson Food Mart /corner of Northland Ave
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION AND THE COMIMISSIONER, OF
POLICE, THE DIRECTOR OF INSPECTIONS AND SAVE
OUR CITIES
NO. 103
HEADWAY FOR BRAIN INJURED, INC. SUPP
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EXCALIBUR
This letter is to support Excalibur Leisure Skills Center's
operation of a wheelchair accessible vessel on Lake Erie
and it's continued service. The boat known as Excalibur has
provided hundreds of opportunities for people with
disabilities to enjoy boating on the water. The Buffalo Inner
Harbour Waterfront Project will hopefully help this to
continue.
The key to excalibur's participation in this project is the
wheelchair access provided by Empire State Development's
proposed floating docks located along the Canal Slip.
Headway for Brain Injured, Inc. supports this proposed
building of docks. Empire State's Development's design,
clearly supports the ability to provide access from land to
water and water to land with its inter-locking Landside and
Maritime activities. Many of Headway's members would
therefore have better access to this valuable leisure
opportunity if this design is implemented.
Thank you for your time and attention.
Sincerely,
RECEIVED AND FILED
NO. 104
J. LAUCK-REQUEST TO ACQUIRE 8 PEORIA
I was advised by Councilman Joe Golombeck's office to
contact your office in regard to purchasing the empty lot next
to me. I live at 12 Peoria Street and the house that was torn
down was 8 Peoria. I am interested in purchasing the lot and
would like information on how to proceed with this
acquisition.
Enclosed please find the three duplicate copies, one for
each department involved in this purchase.
I appreciate any help you can give me with this.
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE DIRECTOR OF
REAL ESTATE
NO. 105
J. LORIAO-INTERNATIONAL MARKETPLACE
CONCERNS OVER CRIME RATE
Attached correspondence regarding increase in crime rate
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
NO. 106
GARY F. MOONEY-CONCERNS ETC UTILIZING AUDIO
OUTLETS IN CHAMBERS
Please find the attached letters that address a discipline
problem within the jurisdiction of your council. I bring this
item to your attention as a courtesy prior to affecting action.
RECEIVED AND FILED
NO. 107
G. NELSON-CONCERNS WITH PERMANENT CIVIL
SERVICE PLACEMENT
Thank you so much for taking the time to speak to me last
week regarding my frustration with the amount of time it is
taking to obtain permanent placement.
As you know, Mr. Sullivan, it has been well over a year since
we sat down to discuss my Civil Service Examination
placement and, the options that were available to me. At the
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time of that meeting I was led to believe that placement
would take only a couple of weeks. Since that meeting,
everyone on the promotional list, with the exception of
myself have been given temporary equipment operator titles.
During the meeting, you told me, that you were waiting for a
PR Number and, over a year later there have been several
positions filled and vacated. There are even several
positions available right now. I would just like to clarify with
you, exactly when you think that I will be slotted into one of
these positions.
Again, thank you for speaking to me last week and, I look
forward to receiving written clarification from you on this
matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
AND THE CIVIL SERVICE COMMISSION
NO. 108
T. ROTHAUS-BROADWAY MARKET MATTERS BFLO
PARTNERSHIP
I am writing in response to the request dated May 17, 2000
for "(t)he details of your management arrangement with the
Buffalo Niagara Partnership. "
At the April 25 th, 2000 meeting of the Board of Directors,
the Buffalo Niagara Partnership was asked to review the
existing documents regarding the financial status of the
Broadway Market and to develop a long-term business plan.
This was a pro bono request and there is no formal
management arrangement between the Broadway Market
and the Buffalo Niagara Partnership.
If I can answer any further questions, please do not hesitate
to call me at 893-0705.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 109
A. SCHILLACI-CONCESSION AT DELAWARE PARK
Dear Councilmember Pitts:
Last Fall, the Buffalo Olmsted Parks Conservancy and Parks
Commissioner Dan Durawa began to discuss the concession
operation at Delaware Park. At that time, Commissioner
Durawa felt there was a real possibility that the operators of
the stand would not renew their lease, and the
Commissioner felt there might bean opportunity to
make the stand successful.
Through the years, there have been many problems that
have plagued the concession stand at Delaware Park. These
problems have included unreliable hours of operation,
inconsistent quality and excessive costs of merchandise
sold.
These problems were the result, not of intentional
mismanagement, but rather, of a lack of sufficient
information to inform the bidding process. Under the city's
current bid structure, the stand is leased to the highest
bidder, yet there are no books to review to determine the
stand's true profit capability. Operators bid on optimistic
supposition, and history has shown that once they take over
the stand, they cannot meet their rent requirements and park
users suffer.
In addition, while running the stand, operators have often
priced themselves out of the market, charging too much per
item, in an attempt to increase their dollar intake. For
example, a tuna fish sandwich at The Deli at Delaware last
year cost $4.25. A tuna fish sandwich at The Courtyard Cafe
near City Hall $3.50.
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Despite the city's best efforts, and a negotiated annual rent
of $9,600 ($19,200 total), over the past two years, only
$6,300 was paid for the lease of the concession space.
These funds were paid into the general fund.
From our initial conversations with Commissioner Durawa, it
became clear to us that what was needed to insure
successful operation of the stand was a true picture of what
the stand could produce revenue-wise. We also believed
that the stand could serve a double function of a concession
stand and information center for the park.
On December 14, 1999, after learning that indeed the
operators of the concession stand would not be renewing
their lease, the Buffalo Olmsted Parks Conservancy wrote
Commissioner Durawa. Our proposal was to take over the
operations of the concession stand, leasing it for $1 a year
and subcontracting it to a qualified business, based not on
the highest bid, but rather on the business that could provide
the most comprehensive service, at a fair price, to park
users.
The Council approved this arrangement. The law department
began developing the formal agreement and the
Conservancy began to search for an operator that would be
willing to conduct market research on our behalf. Our plan
was to hire a businessman who would keep records of the
number of sales and what was sold, and who would allow us
to review his books on a regular basis. At the end of the
season, we would then have a baseline of what the
concession stand could produce, recommended hours of
service, and realistic figures to put into a RFP for the
following year.
In addition, we were looking for a businessman whose
operation would fulfill our vision of the stand as an
information center for the park. We wanted a brochure rack
at the stand, the staff educated about forthcoming park and
area cultural events, and staff familiarity with the importance
of Frederick Law Olmsted.
In return for what we understood to be above and beyond
the responsibilities of most concessionaires, the
Conservancy was willing to enter into a percentage
agreement with the operator, not charging them rent, but
instead splitting the profits on a percentage basis. We also
committed to putting any profits the Conservancy received
directly into park improvements.
We have since come to learn that the Common Council has
reservations about this previously approved relationship. The
Conservancy understands and appreciates the Council's
concerns about decreasing city dollars and increasing city
needs. While our profits were indeed going to directly benefit
the city, by having any profits the Conservancy received
going directly into park improvements as opposed to the
general fund, the Conservancy also acknowledges the
Council's desire to control where dollars are allocated.
Therefore, in the best interests of the park users and to allow
for the Council to make the necessary arrangements to open
the concession stand at the earliest possible date, the
Conservancy respectfully withdraws its offer to take over the
concession stand at Delaware Park.
If we may be of assistance to the Council in forwarding our
vision of the concession stand as an information center for
the park by providing brochures, training, etc. to the future
concessionaire, we would be more than happy to do so.
RECEIVED AND FILED
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NO. 110
M STROUD PRESERVE ERIE CANAL SITE
Attached correspondence from M. Stroud regarding
preserving the Erie Canal Site.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 111
J. TOMASULO-WEST SIDE TAXPAYERS ASSOC
RETURN OF POLICE PRECINCT
Attached Correspondence regarding return of Police
Precinct.
REFERRED TO THE COMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
PETITIONS
NO. 112
A. PARIS, PARADISE OPPORTUNITIES, USE 119 MILLS
STREET-HUMAN SERVICES FACILITY (HRG. 6/6)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF COMMUNITY
DEVELOPMENT, AND CORPORATION COUNSEL.
NO. 113
P. STRADA, AGENT, USE 217 PORTER AVENUE FOR
AN
ILLUMINATED POLE SIGN. (HRG. 6/6)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF COMMUNITY
DEVELOPMENT, AND CORPORATION COUNSEL.
NO. 114
J. VANMEER & O-SUPPORTING DOCUMENTS REVERSE
TRAFFIC DIRECTION ON A PORTION OF BIRD AND
CLAREMONT AVENUES
Please file these supporting documents in
connection with the Resolution to Reverse Traffic Direction
on a portion of Bird and Claremont Avenues
REFERRED TO THE COWITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 115
L WEATHERBEE & O-SUPPORT CHANGING MALSCH
ST FROM TWO WAY TO ONE WAY TRAFFIC
Please file these supporting documents in connection with
the Resolution to Change Malsch Street from two way to one
way traffic.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
REGULAR COMMITTEES
CIVIL SERVICE
(BARBARA A. MILLER-WILLIAMS, CHAIRPERSON)
NO. 116
APPOINTMENT
LEGAL AIDE TO BUREAU OF ADM. ADJ. (MAX) (A&F)
(ITEM NO. 62-C.C.P. MAY 16,2000)
That Communication 62, May 16, 2000 be received and
filed and tile provisional appointment of Susan C. LoVallo
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stated above at the maximum salary of $27,708 effective on
May 3, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 117
APPOINTMENT
PERSONNEL SPECIALIST I (INTER) (A&F)
(ITEM NO. 63-C.C.P. MAY 16, 2000)
That Communication 63, May 16, 2000 be received and
filed and the provisional appointment of Carolyn A. Lenczyk
stated above at the intermediate salary of $34,181 effective
on April 25, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 118
APPOINTMENT
MOTOR EQUIP. MAINT. SUPV. (INTER) (POL)
(ITEM NO. 50-C.C.P. APR. 18, 2000)
That Communication 50, Apr. 18, 2000 be received and
filed and the temporary appointment of David J. Botticello
stated above at the intermediate salary of $30,434 effective
on April 10, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 119
APPOINTMENT
PARKING ENF OFFICER (INTER) (A&F)
(ITEM NO. 65-C.C.P. APR, 18, 2000)
That Communication 65, Apr. 18, 2000 be received and
filed and the permanent appointment of Nicole L.
Bongiovanni stated above at the intermediate salary of
$23,664 effective on April 7, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 120
RESPONSE-APPT. PARKING ENF OFFICER (INTER)
(A&F)
(CCP#61 -MAY 16, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 121
APPOINTMENT
CONFIDENTIAL SECY. TO COMPTROLLER (MAX)
(COMPT.)
(ITEM NO. 16-C.C.P. MAY 16,2000)
That Communication 16, May 16, 2000 be received and
filed and the exempt appointment of Anita Irene stated
above at the maximum salary of $33,000 effective on April
12, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 122
APPOINTMENT
SYSTEM ANALYST (INTER) (COMPT)
(ITEM NO. 17-C.C.P. MAY 16, 2000)
That Communication 17, May 16, 2000 be received and
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00-0530.txt
filed and the permanent appointment of Kenneth Sprague
stated above at the intermediate salary of $39,703 effective
on May 8, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 123
APPOINTMENT
ELECTRICIAN (INTER) (PW)
(ITEM NO. 31 -C.C.P. MAY 16, 2000)
That Communication 31, May 16, 2000 be received and
filed and the Provisional appointment of David R. Warden
stated above at the intermediate salary of $26,756 effective
on May 8, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 124
ELECTRICIAN(MAX)(PW)
(ITEM NO 32 CCP MAY 16, 2000)
That Communication 32 May 16, 2000 be received and
filed and the provisional promotion of Richard Fontana
stated above at the maximum salary of $29,278 effective on
May 8, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 125
APPOINTMENT
INVESTIGATOR (INTER) (PW)
(ITEM NO. 33-C.C.P. MAY 16, 2000)
That Communication 33, May 16, 2000 be
received and filed and the provisional appointment of Daniel
Lombardo stated above at the intermediate salary of
$32,025 effective on May 8, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 126
APPOINTMENT
JUNIOR ENGINEER (MAX) (PW)
(ITEM NO. 34-C. C. P. MAY 16, 2000)
That Communication 34, May 16, 2000 be
received and filed and the provisional appointment of William
Moss stated above at the maximum salary of $38,395
effective on May 8, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 127
APPOINTMENTS
TRAFFIC SIGNAL SPECIALIST (MAX) (PW)
(ITEM NO. 35 -C.C.P. MAY 16, 2000)
That Communication 35, May 16, 2000 be
received and filed and the provisional appointment of
Michael Agostino and Roosevelt Thomas stated above at the
maximum salary of $30,708 effective on May 8, 2000 is
hereby approved.
PASSED
AYES-13. NOES-0.
NO. 128
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TEMP. -APPT. -MOTOR EQUIP. MAINT, SUPV. I (INTER)
(POLICE)
(CCP#13 -MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 129
APPOINTMENT
BLDG. PLAN INSPECTOR (MAX) (CD)
(ITEM NO. 58-C.C.P. MAY 16, 2000)
That Communication 58, May 16, 2000 be
received and filed and the provisional appointment of Mario
Siranm stated above at the maximum salary of $42,533
effective on May 1, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 130
APPOINTMENT
ELECTRICAL INSPECTOR (INTER) (CD)
(ITEM NO. 59-C.C.P. MAY 16, 2000)
That Communication 59, May 16, 2000 be
received and filed and the permanent appointment of James
P. Dunphy stated above at the intermediate salary of
$38,204 effective on May 1, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 131
S. HOYT-INTRO. LEG.-CHG. RESIDENCY
WAIVER-POLICE/FIRE EMPLOYEES
(CCP#87-MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 132
RESPONSE-IST CLASS STAT. ENGR.-NOTICES OF
APPTS. (DUNN TIRE PK.)
(CCP#1-MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 133
MEMORANDUM OF AGREEMENT - BMHA LOCAL 17,
INTERNATIONAL
UNION OF OPERATING ENGINEERS
(ITEM NO. 67, C.C.P., MAY 16, 2000)
That the Memorandum of Agreement between the
Buffalo Municipal Housing Authority and Local 17,
International Union of Operating Engineers representing
Boiler Plant Personnel of the BMHA, for the period July 1,
1998 through June 30, 2002; effective April 20, 2000, be and
hereby is approved and ratified; and
This approval is given in recognition that the
operating costs of the BMHA's State sponsored Public
Housing Program may incur increases that the City of
Buffalo must fund under the loan and subsidy contract in
addition to any deficit the BMHA may incur in its State
sponsored operation.
Passed.
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AYES-13. NOES-0.
NO. 134
NOTICE OF APPT. -TEMP./PROV. /PERM. (CC)
(CCP#77-MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 135
NOTICE OF APPT.-TEMP./PROV./PERM. (CC)
(CCP#78-MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
FINANCE
(BYRON W. BROWN, CHAIRMAN)
NO. 136
CHANGE ORDERS (CD)
(CCP#45-FEB. 8, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 137
CHANGE ORDERS- RECAP (PW)
(CCP#14-FEB. 22, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 138
CHANGE IN CONTRACT - PETROLEUM BULK STORAGE
COMPLIANCE, UPGRADE
PHASE II-1 POLICE GARAGE, STREETS GARAGE,
ENGINE 25
(ITEM NO. 24, C. C.P., MAY 2, 2000)
That the Cornmissioner of Public Works be, and
he hereby is authorized to issue change order No. 3, to
Tyree Organization, Ltd., C #92010114, an increase in the
amount of $172,682.59, as more fully described in the above
communication, for work relating to Petroleum Bulk Storage
Compliance, Upgrade - Phase 11-1, Police Garage, Streets
Garage, Engine 25, C#92010114. Funds for this project are
available in CPF 34320106 445100 -Division of Buildings.
Passed
AYES-13. NOES-0.
NO. 139
RESULTS OF NEGOTIATIONS - 20 WEST AVENUE
(ITEM NO. 52, C.C.P., MAR. 21, 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. 140
RESULTS OF NEGOTIATIONS - 210 RILEY STREET
(ITEM NO. 53, C.C.P., MAR. 21, 2000)
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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. 141
RESULTS OF NEGOTIATIONS - 188 ORANGE STREET
(ITEM NO. 52, C.C.P., MAY 16, 2000)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Brown Moved:
That the offer from Mr. Cornell T. Baines, residing
at 182 Orange Street, in the sum of One Thousand Dollars
($1,000.00) for the sale of 188 Orange Street, be and is
hereby accepted; and
That the appraisal requested by the City of Buffalo
shall be paid by the purchaser; and
That the transfer tax, recording fees and cost of
legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to
prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the offer was
submitted.
Passed.
AYES-13. NOES-0.
NO. 142
RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET
(ITEM NO. 57, C.C.P., DEC, 28, 1999)
(ITEM NO. 114, C.C.P., MAY 16, 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. 143
REPORT OF AUCTION - 2002 FILLMORE AVENUE
(ITEM NO. 62, C. C. P., JULY 13, 1999)
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. 144
BROADWAY MARKET FINANCIAL ISSUES
(CCP#156-FEB. 22, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 145
BROADWAY MKT. ELECTRIC CHARGES (PW)
(CCP#2I -MAY 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 146
BROADWAY MKT. ELECTRIC CHARGES (COMPT.)
Page 59
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(CCP#9-MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 147
E. WOZNIAK, POLISH COMM. CTR., COMMENTS ON
ORGANIZATION
(CCP#88-MAY 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 148
POLISH COMMUNITY CENTER - REPORT OF BIDS
(ITEM NO. 44, C.C.P., MAY 2, 2000)
That the Commissioner of Community
Development be, and he hereby is authorized to award a
contract for Polish Community Center, to Q & M
Conti-acting, the lowest responsible bidder, in the amount of
$10,973.00. Funds for the project are available in M1JNIS
ORG #30331606.
Passed.
AYES-13. NOES-0.
NO. 149
RESPONSE-AUDIT-HSPR
GOLF/IRRIGATION/SPRINKLER COST ESTIMATES (PW)
(CCP#32-APR. 4, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 150
RESPONSE-AUDIT-HSPR
GOLF/IRRIGATION/SPRINKLER COST ESTIMATES
(HSPR)
(CCP#64-MAY 16, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 151
P. MEIDER-WATER METER PROBLEMS
(CCP#89-MAR. 21, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 152
RESPONSE-E. SAUNDERS-INCREASE IN WATER
RATES (PW)
(CCP#42-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 153
A. E. SAUNDERS-INCREASE IN WATER RATES (BSA)
(CCP#73-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
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NO. 154
G. BEERS-CONCERNS-WATER METER PROGRAM
(CCP#94-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 155
E. MCDONALD-REQ. KEEPING FLAT RATE FOR WATER
USAGE
(CCP# I 12-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 156
M. SCHULTZ-CONCERNS-WATER METER PROGRAM
(CCP# I 18-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 157
APOLLO TILE PROJECT
(ITEM NO. 98, C.C.P., APR. 18, 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. 158
PERM.-ACCEPT VAR. GRANTS AWARDED/APPR.
INTERFUND CASH LOANS (POL)
(CCP#38-MAY 16, 00)
That the above item be and the same hereby is referred to
the Committee on Police Reorganization.
ADOPTED
NO. 159
RENEGOTIATE LEASE - BUFFALO SOCIETY OF
NATURAL SCIENCES
(ITEM NO. 11, C.C.P., MAY 2, 2000)
That the Comptroller be, and he hereby is authorized to
renegotiate the lease between the City and the Buffalo
Society of Natural Sciences, for the use of 1020 Humboldt
Parkway for a term commencing May 1, 2000 and expiring
on April 30, 2005. That the Corporation Counsel be, and he
hereby is authorized to prepare the necessary documents to
renew said lease and that the Mayor be authorized to
execute the same.
PASSED
AYES -13 NOES - 0
NO. 160
M. COLEMAN, EMPIRE STATE DEV., SKYWAY
LIGHTING
(CCP#70-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Community Development.
ADOPTED
NO. 161
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D. STEBBINS, BERC, LETTER TO EMPIRE STATE
DEV.-SKYWAY LIGHTING (#119,4/1)
(CCP# 186-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Community Development.
ADOPTED
NO. 162
INFO. - DISPOSITION OF COMPUTER UNDER ICOPS
GRANT
(ITEM NO. 3 7, C. C.P., MAY 16, 2000)
That the Commissioner of Police, be and he hereby is
authorized to transfer computer equipment to the Allentown
Association as a result of their partnership grant, and
That the Commissioners of Police and General Services
remove computer equipment from the city inventory list for
the grant.
PASSED
AYES -13 NOES - 0
NO. 163
PERM. TO ENTER INTO AGREE.-BFLO. OLMSTEAD
PKS. CONSERV.-DELI PK, DELI (467-4/18)
(CCP# 117-MAY 16, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 164
PERM.-ENTER INTO AGREE.-BFLO. OLMSTEAD PKS.
CONSERV. -DELAWARE PK. DELI (HSPR)
(CCP#65-MAY 16, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 165
RHONDA FREDERICK, PETITION TO USE 306
DELAWARE AVENUE - HUMAN SERVICES FACILITIES
(ITEM NO. 97, C. C.P., MAY 16, 2000)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on
Legislation on May 23, 2000, the petition of Rhonda
Frederick, agent, for permission to use 306 Delaware
Avenue for Human Services Facilities be, and hereby is
approved.
PASSED
AYES -13 NOES - 0
NO. 166
M. KONTRAS, PETITION TO USE 3314 BAILEY AVENUE
- TAKE OUT RESTAURANT/STORE
(ITEM NO. 89, C. C.P., MAY 2, 2000)
(ITEM NO. 124, C. C.P., MAY 16, 2000)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on
Legislation on May 9, 2000, the petition of M. Kontras, agent,
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for permission to use 3314 Bailey Avenue for an addition to
take out restaurant/store be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 167
S. HOPKIN, PETITION TO USE 1627 BROADWAY - POLE
SIGNS
(ITEM NO. 93, C.C.P., JAN. 25, 2000)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on
Legislation on February 1, 2000, the petition of S. Hopkin,
agent, for permission to use 1627 Broadway for pole signs
be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 168
CREATION OF SPECIAL ZONING DISTRICT - FILLMORE
AVENUE -BEST TO MAIN STREETS
(ITEM NO. 206, C.C.P., APR. 18, 2000)
(ITEM NO. 176, C.C.P., MAY 16, 2000)
That the Division of Planning draft the appropriate zoning
legislation to institute a special zoning district along Fillmore
Avenue from Best to Main Streets; and
That certified copies of this resolution be sent to the
Department of Community Development, the Division of
Planning, the Buffalo Economic Renaissance Corporation,
the Office of Urban Initiatives and the Black Chamber of
Commerce.
ADOPTED
NO. 169
APPOINTMENT MEMBER TO THE BOARD OF PARKING
(ITEM NO. 1, C.C.P., APR. 18, 2000)
That the appointment as a member of the Board of Parking
of Michelle Mazzone, for a term commencing immediately
and expiring on March 31, 2000, be and it hereby is
approved.
PASSED
AYES -13 NOES - 0
NO. 170
REVIEW APPT.-MEMBER-BD. OF PKG. (LAW)
(CCP#41 -MAY 16, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 171
HRG. ON EMERG. MED. SVS. IN COB
(CCP#130-OCT. 19,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 172
ORDINANCE AMENDMENT - CHAPTER 180 - FIREARMS,
ARROWS AND OTHER WEAPONS
(ITEM NO. 166, C. C.P., MAY 16, 2000)
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That the Ordinance Amendment as contained in Item No.
166, C.C.P., May 16, 2000, be and the same hereby is
approved.
PASSED
AYES -13 NOES - 0
NO. 173
GUN SAFETY LEGISLATION (MAYOR)
(CCP#3-APR. 18, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 174
T. CHILDERS & O-OPPOSE FREY'S TO BUILDING
LOADING DOCK-STANTON ST.
(CCP#70-FEB. 22, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 175
REQ. ASSESS. OF FIREFIGHTING EQUIP. FROM BFLO.
FIRE DEPT.
(CCP# 113 -JAN. 11, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 176
ASSESSMENT OF FIREFIGHTING EQUIP. FROM BFLO.
FIRE DEPT. (FIRE)
(CCP#52-APR. 18, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 177
D. CHRISMAN-ACCESSIBILITY OF CITY OF BUFFALO
LIBRARIES
(CCP#82-MAR. 7, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 178
D. CHRISMAN, BFIO & ERIE CO. PUBLIC LIB.-CLOSING
OF BUFFALO LIBRARIES
(CCP#69-APR. 4, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 179
B. MAY-KEEP FAIRFIELD LIBRARY OPEN
(CCP#87-APR. 4, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 180
RESPONSE-B. GRANT-2950 BAILEY AVE. (COMPT)
(CCP#12-MAY 2, 00)
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That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 181
R. FONTANA, ILLEGAL PIT BULL FIGHTING
(CCP#103-APR. 18, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 182
RESTAURANT DANCING CLASS II - 1683 MAIN STREET
(ITEM NO. 123, C.C.P., MAY 2, 2000)
That pursuant to Chapter 150 of the City Code,
the Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant a Restaurant Dancing Class 11
license to Thomas Higgins, d/b/a The Grinds, located at
1683 Main Street.
Passed.
AYES-13. NOES-0.
NO. 183
RESTAURANT DANCING CLASS III - 45 WEST
CHIPPEWA
(ITEM NO. 54, C.C.P., MAY 2, 2000)
(ITEM NO. 148, C.C.P., MAY 16, 2000)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 184
RESTAURANT DANCING CLASS IV - 3 86 AMHERST
STREET
(ITEM NO. 49, C. C.P., MAY 16, 2000)
That pursuant to Chapter 150 of the City Code,
the Director of Inspections,
Licenses and Permits be, and he hereby is authorized to
grant a Restaurant Dancing
Class IV license to Richard J. Stoddard Jr., d/b/a Spanky's,
located at 386 Amherst Street.
Passed.
AYES-13. NOES-0.
NO. 185
RESTAURANT DANCING CLASS IV - 2580 MAIN STREET
(ITEM NO. 50, C.C.P., MAY 16, 2000)
That pursuant to Chapter 150 of the City Code,
the Director of Inspections,
Licenses and Permits be, and he hereby is authorized to
grant a Restaurant Dancing
Class IV license to Aubrey Cafee, d/b/a Chafee's Jazz Club
located at 2580 Main Street.
Passed.
AYES-13. NOES-0.
NO. 186
SECOND HAND DEALER - 110 ELMWOOD AVENUE
(ITEM NO. 54, C.C.P., MAY 16, 2000)
That pursuant to Chapter 254 of the City Code,
the Director of Inspections, Licenses and Permits be, and he
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hereby is authorized to grant a Second Hand Dealer license
to James Fisch, d/b/a Eaton Galleries located at 110
Elmwood Avenue.
Passed.
AYES-13. NOES-0.
NO. 187
SECOND HAND DEALER - 3139 BAILEY AVENUE
(ITEM NO. 55, C.C.P., MAY 16, 2000)
That pursuant to Chapter 254 of the City Code,
the Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant a Second Hand Dealer license
to Leonard Gower, d/b/a Salvation Army Thrift Store located
at 3139 Bailey Avenue.
Passed.
AYES-13. NOES-0.
NO. 188
USED CAR DEALER - 50 SYCAMORE STREET
(ITEM NO. 47, C. C.P., APR. 4, 2000)
(ITEM NO. 13 5, C. C. P., MAY 2, 2000)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 189
USED CAR DEALER - 795 BAILEY AVENUE (ITEM NO.
56, C.C. P., MAY 16, 2000)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana Moved:
That pursuant to Chapter 254 of the City Code, the
Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant a Used Car Dealer License to
David Baran d/b/a Daved's Auto Center, located at 795
Bailey Avenue.
Passed.
AYES-13. NOES-0.
NO. 190
USED CAR DEALER - 1671 GENESEE STREET
(ITEM NO. 52, C.C.P., FEB. 8, 2000)
(ITEM NO. 14 1, C. C.P., MAY 16, 2000)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 191
USED CAR DEALER - 2129 FILLMORE AVENUE
(ITEM NO. 57, C.C.P., MAR. 21, 2000)
(ITEM NO. 142, C. C.P., MAY 16, 2000)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana Moved:
That pursuant to Chapter 254 of the City Code,
the Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant a Used Car Dealer License to
Demetrius Gray d/b/a Dewey's Auto Sales, located at 2129
Fillmore Avenue.
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Passed.
AYES-BROWN, COPPOLA, ELLINGTON, FISHER,
FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, WILLIAMS-12.
NOES-1.
NO. 192
W. SILVIS, REQ. SUSPENSION - HAMPTON INN &
SUITES - 220 DELAWARE AVENUE
(ITEM NO. 84, C. C.P., MAY 2, 2000)
That the Common Council does hereby authorize
the use of "flex duct" by Benderson Development Company,
Inc. for the Hampton Inn & Suites project at 220 Delaware
Avenue only.
Passed.
AYES-13. NOES-0.
NO. 193
DISCH. LEG. COMM.-W. SILVAS, SUSP.-USE HARD PIPE
HVAC-HAMPTON INN
(CCP#84-5/2/00)
(CCP#170-MAR. 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 194
HAMLIN PK. RESIDENTS-DENY PAGER/RETAIL SALES
SERVICE-278-280 E. DELEVAN
(CCP#92-MAY 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 195
NOTIF SERIALS #9192 (PW)
(CCP#22-MAY 16, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 196
SIDEWALK CAFE - 532-534 ELMWOOD AVENUE
(ITEM NO. 30, C.C. P., MAY 16, 2000)
That the Commissioner of Public Works be, and
he hereby is authorized to issue a 4C mere license" to Mr.
Craig Steger, owner of The Blue Moon Cafe, located at
532-534 Elmwood Avenue, to install a sidewalk cafe, which
would encroach city right-of-way at said address, subject to
the following conditions:
1. .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, Division of Buildings.
3.That the sidewalk cafe does not exceed
thirty-three feet (33') in length or
extend more than six feet (6') from the
building face.
4.That no portion of the sidewalk cafe be
permanent in nature or
permanently affixed to the main building
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or public sidewalk.
5.That the sidewalk cafe be completely
removed from City right-of-way
from November 15 to April I each year.
6.That the applicant be assessed the
annual fee of one dollar and thirty cents
($1.30) per square foot of City
right-of-way occupied by said sidewalk
cafe
as described in Chapter 413, Article IX,
Section 59 (Sidewalk Cafes) of the
City Ordinances,
7.That the applicant supply the City of
Buffalo with a five thousand dollar
($5,000.00) construction in street bond
or certificate of insurance which
will indemnify and save harmless the
City of Buffalo against any and all loss
or damage arising out of the
construction, maintenance, use and
removal of
said sidewalk cafe.
8.That the sidewalk caf6 close by 11:00
p.m.
9.That there be no outside music at the
sidewalk caf6.
10.That there be no outside trash
receptacles at the sidewalk caf6.
Passed.
AYES-13. NOES-0.
SPECIAL COMMITTEES
COMMITTEE OF THE WHOLE
(JAMES W. PITTS, CHAIRMAN)
NO. 197
COMMON COUNCIL BUDGET HRG. SCHEDULE (CCP)
(CCP#15-APR. 20, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 198
INCR. PAY-CITY ELECTION INSPECTORS
(CCP#164-APR. 29, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.199
DEBT. SVS. SCH.-PKG. RAMPS INC. & EXP. ST. (BD. OF
PKG.)
(CCP#4-MAY 12, 00)
That the above item be and the same hereby
ADOPTED
NO. 200
RPT. OF MERIT SYSTEM ADM. FOR BFLO. CIVIL
SERVICE COMM.
(CCP#47-MAY 4, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
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NO. 201
ARTS COMM. -2000-2001 -ARTS & CULTURAL FUNDING
(CCP#4-APR. 18, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 202
MAYOR/COUNCIL-SUPP. EXP.-EDZ ZONE (MAYOR)
(CCP#2-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 203
ALLEYWAY THEATRE-REQ.
FUNDS-REPAIRS/IMPROVEMENTS
(CCP#69-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 204
S. ESSEX-READ/SEED LITERACY PROGRAM
(CCP#73-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 205
B. GRANT, PETITIONS PROTESTING INC. OF SEWER
RATES
(CCP#76-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 206
COMPLETE ACCTG.-COSTS/REV. ASSOC. GARBAGE
FEE
(#158, 2/22)
(CCP#155-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 207
GARBAGE USER FEE-LOW INC. SR. CITIZENS (#238,
2/8)
(CCP#L 56-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 208
ACCTG. OF GARBAGE USER FEE (A&F) (#5 9, 3/2 1)
(CCP# 15 7-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 209
PETITIONS-SUPP. LOW INC. SR. EXEMPT. FRM USER
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FEE
(# 187, 3/7)
(CCP#1 58-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 210
PET. -SUPPORT LOW INC. SR. EXEMPTIONS (#200, 3/2
1)
(CCP# 159-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 211
PET.-SUPPORT LOW INC. SR. EXEMPTIONS (4202, 4/4)
(CCP# 160-MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 212
PET.-SUPPORT LOW INC. SR. EXEMPTIONS (#218, 4/18)
(CCP# 161 -MAY 2, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 213
A. SCHILLACI-BFLO, OLMSTEAD PARKS-SUPP. PKS.
DEPT. MAINT. BUDGET
(CCP#94-MAY 16, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
RESOLUTIONS
NO. 214
BY: MR. BROWN:
BOND RESOLUTION
$24,448,000 BONDS
RECONSTRUCTION OF MAIN STREET
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $24,448,000 General
Improvement Bonds of said City, to finance the cost of the
partial reconstruction of Main Street in the City, at the
estimated maximum cost of $24,448,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City"), is hereby
authorized and directed to issue General Improvement
Bonds of said City in the principal amount of Twenty-Four
Million Four Hundred Forty-Eight Thousand Dollars
($24,448,000), pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the
"Law"); to finance the cost of the partial reconstruction of
Main Street from Bailey Avenue to Kensington Avenue, in
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the City. The estimated maximum cost of said specific object
or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $24,448,000,
as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in
the Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Reconstruction of
Main St. (Bailey to Kensington)", Bond Authorization Account
No. 3000-31, and shall be used for the purpose specified in
Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$24,448,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the
specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of
Section 11. 00 a. 20 of the Local Finance Law, is fifteen (15)
years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
be general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, may be contested only
if:
(a)such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)the provisions of law which should be complied
with at the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c)such obligations are authorized in violation of the
provisions of the constitution.
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Introduced: May 30, 2000
LAID ON THE TABLE
NO. 215
BY: MR. BROWN
REQUEST NEW YORK STATE DEPARTMENT OF
HEALTH TO INVESTIGATE HIGH
INCIDENCE OF LUPUS AROUND 858 E. FERRY
STREET AND THE DELAVAN-GRIDER
INDUSTRIAL CORRIDOR
Whereas:Res 205 "Concerns Regarding
Hazardous Waste at 858 East Ferry Street" CCP April 18,
2000, brought before this Common Council, questions about
the environmental and health-related impact of hazardous
waste sites inthe Delavan-Grider Industrial Corridor;
and
Whereas: While the Delavan-Grider Industrial Corridor is
zoned for industrial use, it is also located in an area of the
City that is now densely populated; and
Whereas: Some of the now abandoned sites, were once
vibrant industrial locations in decades past, when
environmental guidelines for the use, and disposal, of
hazardous materials were less stringent; and
Whereas: At least 11 cases of Lupus have been reported
within the quadrant of City blocks bordered by:
Fillmore Avenue and East Ferry Street
Fillmore Avenue and East Delavan Avenue (Up to
Appenheimer Ave.)
East Delavan Avenue and Chelsea Place
Chelsea Place and East Ferry Street
Whereas: Given that a particularly high number of cases
have occurred on Moselle Street, there is sufficient reason to
conduct an investigation of the impact of sites, used for
industrial purposes, on the health of citizens within this area
of the City;
Now, Therefore, Be It Resolved:
That this Common Council requests that the New York State
Department of Health and Erie County Heath Department
perform environmental testing designed to investigate the
origin of these incidences of Lupus in further detail; and
Be It Further Resolved:
That the New York State Department of Health and the Erie
County Health be requested to provide a written report of
their findings to this Common Council; and
Be It Finally Resolved:
That certified copies of this resolution be sent to the New
York State Department of Health, the New York State
Department of Environmental Conservation, the Erie County
Department of Public Health and the Department of
Community Development.
ADOPTED
NO. 216
BY: MR. BROWN
DISCHARGE FROM THE FINANCE COMMITTEE -
RES. 160, CCP MAY 16, 2000 - "INCREASED
APPROP.-MOTOR VEHICLE SELF INSURANCE"
Whereas: Res. 160, CCP May 16, 2000 "Increased
Approp.-Motor Vehicle Self Insurance" 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:
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This Common Council does hereby discharge the
Committee on Finance from further consideration of Res.
160, C.C.P. May 16, 2000 Increased Approp.-Motor Vehicle
Self Insurance" and said item is now before the Council.
PASSED
AYES -13 NOES - 0
NO. 217
BY: MR. BROWN
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common
Council, the sum of $44,601 be and the same is hereby
transferred within Legislative and said sum is hereby
reappropriated as set forth below:
From:
10 103 00 1 - Councilmember Williams
411001 - Salaries Annual$25,000
10 10400 1 - Councilmember Brown
411001 - Salaries Annual$15,000
10 11000 1 - Councilmember Ellington
411001 - Salaries Annual$2,076
10111004 - Councilmember Bonifacio
458001 -Transportation$ 450
458002 - Meals, Lodging$ 625
458003 - Registration$ 450
10 114004 - Councilmember Golombek
458002 - Meals, Lodging$ 1,000
To:
10102001 - Legislative
412002 - Seasonal$44,601
PASSED
AYES -13 NOES - 0
NO. 218
BY: MR. BROWN
TRANSFER OF FUNDS
MISCELLANEOUS GENERAL CITY CHARGES
DEPARTMENT OF COMMUNITY DEVELOPMENT
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $140,000 be and the same is
hereby transferred from General City Charges and said sum
is hereby reappropriated as set forth below:
From:
17221008 - Miscellaneous General City Charges
480202 - Reserve Fund for Matching Grants$140,000
To:
16230006 - Division of Neighborhoods
480000 - Other Services$140,000
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 219
BY: MR. BROWN
TRANSFER OF FUNDS
DEPARTMENT OF AUDIT & CONTROL
That pursuant to section 42 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the sum of $48,721 be and the same is
hereby transferred within the Department of Audit & Control
and said sum is hereby reappropriated as set forth below:
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From:
General Fund
10442001-41101 Audit Division -Annual Salary$48,721
To:
1044 1001 - Comptroller
411001 - Annual Salary$11,931
414001 - Longevity$ 1,190
10441006 - 432001 - Audit Services$15,600
10443 001 -Accounting Division
413001 - Overtime$20,000
PASSED
AYES -13 NOES - 0
NO. 220
BY: MR. BROWN
INCREASED APPROPRIATION
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF PLANNING
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Division of
Planning be and the same hereby is increased in the sum of
$4,400.
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
10610030-389001 Miscellaneous $4,400
To meet the increased appropriation as set forth below:
To:
1000 General Fund
16110006-454000 - Division of Planning - Advertising
$4,400
PASSED
NO. 221
BY: MR. BROWN
INCREASED APPROPRIATION
CITY REVENUE
DIVISION OF COLLECTIONS
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Division of
Collections be and the same hereby is increased in the sum
of $250,000
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
Revenue City
52510015-340000 - Charges for Collection Services
$250,000
To meet the increased appropriation as set forth below:
52002606 - Division of Collections
432001 -Auditing Services$250,000
PASSED
AYES -12 NOES - 0
NO. 222
BY: MR. BROWN
LNCREASED APPROPRIATION
PARKING VIOLATIONS BUREAU
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
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current fiscal year for Appropriation Allotments - Parking
Violations Bureau - Parking Enforcement - Rental of
Equipment be and the same hereby is increased in the sum
of $8,000.
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
From:
10140010-335500 - Parking Refund Surcharge Revenue
$8,000
to meet this increased appropriation as set forth below:
To:
11413006 - Parking Violations Bureau-Parking Enforcement
444201 - Rental of Equipment$8,000
PASSED
AYES -12 NOES - 0
NO. 223
BY: MR. BROWN
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS - BOARD OF
EDUCATION
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Board of
Education be and the same hereby is increased in the sum
of $13,946,402.13. This brings the Board of Education
1999-2000 Budget from $455,351,811 to $469,298,213.
FROM:
That, the comptroller be and hereby is authorized and
directed to increase the revenue and resource estimates of
account:
Various revenues & resources due to Board of Education
$13,946,402.13
TO:
100 General Fund
97-0 - Board of Education
Operation and Maintenance$13,946,402.13
PASSED
AYES -12 NOES - 0
NO. 224
BY: MR. BROWN
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS - BOARD OF
EDUCATION
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the appropriation in the budget for the
current fiscal year for Appropriation Allotments - Board of
Education be and the same hereby is increased in the sum
of $13,946,402,13. The amount of increased appropriation
will be met from an unappropriated fund balance of
$8,549,337.60 and unanticipated state aid of $5,099,687.
This portion of the increase in the authorized spending level
(O&M Budget for 99-00) will be initiated by the Board of
Education. The City will meet the remainder of the overall
increase by increasing the revenue estimates in interest
earnings within accounts 10700096-397000 Unreserved
Fund Balance of $14,160.13 and 10040025-361005 Interest
on Investment BOE of $283,217.40 (see attached) not
otherwise appropriated for any other purpose. This brings
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the Board of Education 19992000 Budget from
$455,351,811 to $469,298,213.
FROM:
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimates of accounts:
10700096-397000 Unreserved Fund Balance$
14,160.13
10040025-489190 Interest on Investment BOE
$283,217.40
TO:
17523008-489190 Transfer to Board of Education
$297,377.53
Note: This will bring the Board of Education 1999-2000
Budget from $455,351,811 to $469,298,213.
PASSED
AYES -12 NOES - 0
NO. 225
BY: MR. BROWN, MS. GRANT, MR. FISHER
WAIVER OF INSURANCE REQUIREMENT AND
PERMIT FEES FOR CHILDREN'S JOURNEY INNER CITY
YOUTH CLUB
Whereas: The Children's Journey Inner City Youth Club has
been in existence since 1988; and
Whereas: Since 1994, the Children's Journey Inner City
Youth Club has sponsored a summer basketball league, in
Glenny Park, serving 288 youth ranging from ages 8 to 18;
and
Whereas: The Masten District Council Office has made an
allocation of Community Development Block Grant funds to
sponsor this basketball league; and
Whereas: All fees charged to participants are used to offset
the cost of league; and
Whereas: In the past 6 years of the event, there has never
been a serious injury, or negative incident, during the
conduct of the league;
Now, Therefore, Be It Resolved:
Be It Further Resolved:
That all permit fees applicable to this basketball league be
waived
by this Common Council.
PASSED
AYES -12 NOES - 0
NO. 226
BY: MR. BROWN AND MS. GRANT
REVISE RES 165 "TRAILBLAZER SIGN - BISHOP
ANDERSON" CCP MAY 16, 2000
Whereas: Res 165 "Trailblazer Sign - Bishop Anderson"'
CCP May 16, 2000, was adopted by this Common Council;
and
Whereas: The Masten District Councilmember, and the
University District Councilmember, have requested that this
resolution be revised as follows;
Now, Therefore, Be It Resolved:
That the 5th Whereas be revised to read that Bishop LeRoy
Anderson will be retiring from the pastorate of Prince of
Peace Church of God in Christ on June 18, 2000, leaving
behind him a standard of excellence and commitment of
service to humanity; and
Be It Further Resolved:
That the 1st Resolve be revised to read that the Department
of Public Works be authorized to install trailblazer signs,
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along Kensington venue, from Fillmore Avenue to Bailey
Avenue, designating the route as "Bishop LeRoy Robert
Anderson Boulevard.
PASSED
AYES -12 NOES - 0
NO. 227
BY: MR. COPPOLA
CHANGE TIME RESTRICTIONS ON PARKING
METERS THROUGHOUT BUFFALO
Whereas: Buffalo lawmakers have animated the growth of
the city by
encouraging potential proprietors to open new businesses
throughout;
and
Whereas:This effort is being steadily rewarded through the
recent investments of several businesses in the downtown
area (including restaurants and bars that get much of their
business from people who come in after work), as well as in
each of the nine districts that make up Buffalo;
and
Whereas: The consumers necessary for the success of
these businesses are being driven away by unnecessary
parking tickets because parking meters, require payment
until 6:00pm; and
Whereas:Ticketing of consumers by the city vies directly
with the city's need to actively support more businesses and
consumers;
Now, Therefore, Be It Resolved:
That The Department of Public Works assess the situation
and devise an ordinance whereby The Division of Parking
Enforcement adjusts the required paying period for Buffalo's
parking meters from the current time of 6: OOpm to the
desired time of 5: 00pm.
Be It Further Resolved:
That Chapter 479, Section 33, Subsection 16 (page 25) of
The City of Buffalo Traffic Ordinance be modified to reflect
this change and to therefore read: 'Unless the council shall
by resolution provide otherwise, the hours during which
parking meters shall be in use shall be from 8:00am to
5:00prn, except on Sundays and the following legal holidays:
New Year's Day Memorial Day, Fourth of July
Labor Day, Thanksgiving Day and Christmas Day."
REFERRED TO THE COMMITTEE ON LEGISIATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 228
BY: MR. COPPOLA, MR. GOLOMBEK, MR. FISHER
REQUEST FOR INFORMATION REGARDING
ALTERNATE TYPE
I PARKING
IN THE DELAWARE DISTRICT
Whereas:A Resolution requesting that Alternate Type I
Parking Signs be changed from reading"No Parking 4:00prn
Wednesday to 4:00prn
Sunday and 4:00pm Sunday to 4:00prn Sunday" to reading
"No Parking 7:00 pm Monday to 7:00prn Thursday and
7:00pm Thursday to 7:00prn Monday" has been previously
submitted to this council, and
Whereas:Constituents and business owners in The
Delaware District have been particularly interested in the
approval of this change because it would provide more
freedom to consumers and residents fettered by the current
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restrictions; and
Whereas:People who work until 4:00 pm or later, who (in the
interest of supporting the city and of conserving energy and
mitigating air pollution) leave their cars on the street and
commute to work by
public transportation, or who go away for the weekend are
unfairly
and unnecessarily penalized by parking tickets,
Now, Therefore, Be It Resolved:
That The Department of Public Works provide a list of all
streets with Alternate I Type Parking Signs in The Delaware
District.
Be It Further Resolved:
That The Department of Public Works also provide a cost
estimate of changing the Alternate I Type Parking Signs in
The Delaware District to read "No Parking 7:00prn Monday
to 7:00prn Thursday and 7:00prn Thursday to 7:00pm
Monday."
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 229
BY: MR. COPPOLA
2000 GREATER BUFFATO ITALIAN HERITAGE AND
FOOD FESTIVAL
Whereas:The North Buffalo Community Development
Corp.. Hertel - North Buffalo Business Assn.. and the West
Side Business and Taxpayers Assn., Inc. have requested
permission to. again. jointly conduct the Great Buffalo Italian
Heritage and Food Festival from July 12 through 16. 2000,
on Hertel Avenue. and
Whereas: These Groups are also requesting that Hertel
Avenue be closed to vehicular traffic between Crestwood
and Tennyson Avenues during the above dates. and that
cross streets between Colvin and Delaware Avenues. and
also Linden and Tacoma between Colvin and Delaware
Avenues. be designated festival areas. and
Whereas: This festival will be a major expression of Italian
Heritage which includes culture customs and foods and will
once again attract people from hundreds of miles away.
Now. Therefore, Be It Resolved:
The North Buffalo Community Development Corp., Hertel -
North Buffalo Business Assn., and the West Side Business
and Taxpayers Assn. Inc. are hereby granted permission to
jointly conduct the 2000 Greater Buffalo Italian Heritage and
Food Festival subject to the following conditions:
(A) The festival shall be conducted on Hertel Avenue from
July 12 through July 16. 2000, between the hours of 10:00
am and 10:00 pm with Monday. July 10 from 6:00 pm and
Tuesday. July 11 to be used only, as set-up days, and
Monday.- June 17. 2000 to be used only as a breakdown
day with traffic to recommence by 6:00 am of that day
(B) Hertel Avenue, between Crestwood and Tennyson
Avenues. shall be closed to vehicular and bicycle traffic and
dogs and other animals shall be prohibited during the
festival. In addition, cross streets bounded by Colvin. Linden.
Delaware. and Tacoma Avenues. including those boundary
streets- shall be part of the festival area subject to its rules
and regulations. Permittees with the cooperation of and at
the direction of the Police Department will furnish and locate
barriers to be placed at the beginning time of the festival and
to be removed at the end of the festival
(C) That the city-owned residential area parking lot, located
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behind I 180 Hertel shall be closed to general use and shall
be reserved solely for those residents of Hertel Avenue
residing within the festival area. and this restriction shall be
enforced strictly by the city and festival committee.
(D) That the festival committee be, and hereby is. authorized
to erect appropriate banners and fittings on street lamp posts
on Hertel Avenue from the eastern side of Colvin to the
westerly side of Delaware. and a banner across Hertel at
Tennyson and at Crestwood- all within the conditions
specified by the Department of Public Works:
(E)Permittees shall furnish to the City of Buffalo
proper liability insurance as determined by the Special
Events Committee and Corporation Counsel:
(F)Permittees shall assure complete responsibility for
removing barriers, pernnants. decorations. barricades.
stands, equipment and any trash or debris in the area arising
out of the festival:
(G) Permittees shall assume complete responsibility for
conducting the festival in compliance with all laws and
ordinances applicable. and with all directives of the various
city departments, including Police. Fire. Street Sanitation,
Transportation. and Public Works:
(H) Permission is hereby granted for the above under such
terms and conditions so as to protect the interest of the City
of Buffalo, as set forth by the Special Events Committee.
REFERRED TO THE COMMITTEE ON FINANCE AND
THE SPECIAL EVENTS COMMISSION
NO. 230
BY:MR. FISHER, MS. WILLIAMS, MS GRAY, MS GRANT
MEMORIALIZE THE BUFFALO BOARD OF EDUCATION
TO PROVIDE THE NECESSARY RESOURCES TO
EFFECTIVELY IMPLEMENT THE AFRICAN AMERICAN
CURRICULUM CONTENT INFUSION POLICY
Whereas:In 1986, the Buffalo Board of Education
officially instituted the African American Curriculum Content
Infusion Policy; and
Whereas: The primary goal of the program was to develop,
implement and evaluate a comprehensive multicultural
curriculum in the Buffalo Public Schools; and
Whereas: An anticipated positive outcome of a successful
multicultural program is students will learn about,
understand, appreciate and value their own cultures
and cultures of others; and
Whereas: Another anticipated benefit is that students will be
made aware of and able to evaluate the cultural assumptions
that underlie our individual beliefs and influence individual
actions; and
Whereas: Another anticipated benefit is students will have a
greater awareness and appreciation of the contributions and
roles of all ethnic groups to the development of civilization;
and
Whereas: Another anticipated benefit of an effective
multicultural curriculum policy is that students will
demonstrate positive self esteem through a greater
understanding of their own cultural heritage and its
complementary relationship with other cultures; and
Whereas:Despite the stated policy of the Buffalo Board of
Education, adequateresources have not been
made available for the effective implementation of the
African American Curriculum Content Infusion Policy; and
Whereas: When the notable authority on African American
curriculum, Dr. Asa Hilliard, met on numerous occasions with
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the Buffalo Board of Education, administrative staff and
teachers, during the early 1990's, to implement the program,
there were many obstacles and objections to the initiative;
and
Whereas: Funding for the program has been inconsistent
and unreliable and there is only one staff person designated
to supervise and implement the program district wide.
Now, Therefore, Be It Resolved:
This Common Council requests the Buffalo Board of
Education to effectively implement its stated African
American Curriculum Content Infusion Policy.
Be It Further Resolved:
This Council requests the Buffalo Board of Education to
allocate the necessary resources, including adequate
staffing levels, to ensure effective implementation.
Be It Further Resolved:
This Common Council requests the Buffalo Board of
Education to communicate to all employees of the district,
most importantly teachers and principals, its full support of
the African American Curriculum Content Infusion Policy and
its desire to see all employees support it in whatever way
that is appropriate for their particular position.
Be It Further Resolved:
This Common Council requests members of the Buffalo
Board of Education, Superintendent of Schools and any
relevant staff member to appear before the Council during
the next Education Committee to update the Common
Council on the current status of the African American
Curriculum Content Infusion Policy.
Be It Finally Resolved:
The City Clerk shall send certified copies of this resolution to
the members of the Board of Education, the Superintendent
of the Buffalo Public Schools and the State Commissioner of
Education.
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE BOARD OF EDUCATION AND THE CORPORATION
COUNSEL
NO. 231
BY: MR. FONTANA
SALE OF PORTION OF OLD BAILEY AVENUE
Whereas: Iron Mountain is a multi-billion dollar records
management company; and
Whereas; Iron Mountain is the worlds largest records
management company headquarter in Boston
Massachusetts with their Western New York HQ's at 100
Bailey Avenue;
and
Whereas: Iron Mountain employs twenty-eight people from
its Bailey Avenue site eighteen of which are City of Buffalo
residents making $10-$20 per hour; and
Whereas: Iron Mountain has grown considerably during the
last year through mergers and acquisitions and proposes to
expand their Bailey Avenue site resulting potentially in the
hiring of fifteen employees; and
Whereas: Iron Mountain is requesting that the City of Buffalo
sell at fair marketvalue a paper street known as old Bailey
Avenue so they begin their expansion on the site and on
adjacent property they own; and
Whereas: The Friends of the Buffalo River have raised
concerns about Iron Mountain Expansion on the land
adjacent to the Buffalo River; and
Whereas: Iron Mountain pledges to beautify and landscape
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area around their expansion enhancing the overall look of
the area; and
Now therefore be it resolved:
That the Common Council authorizes the Division of Real
Estate and the Law Dept. to negotiate the sale of a portion of
old Bailey Avenue to Iron Mountain. Based upon the
following conditions included in the sale agreement.
1. That the City's deeding of a portion of Old Bailey Avenue
includes a "right of first refusal" for the entire Iron Mountain
parcel at such time that the property is sold.
2. That any change of use by Iron mountain must be
approved by the City through review by the Environmental
Management Commission and Planning Board of advisory
bodies to the Common Council and the Mayor.
3.That there be provision of public access to the River at the
site, so as to replace that potential access lost by the
conversion of Old Bailey Avenue to private use.
4. The redesign of the project to move the comer of the
proposed building nearest the river to a distance of at least
40 feet from the River.
5. The installation and maintenance by Iron Mountain of
appropriate and durable enhanced landscaping along the
building setback from the river, at the front facing Bailey
avenue and at the side building bordering the public access
path noted in item # 3.
PASSED
AYES -13 NOES - 0
NO. 232
BY: MR. FONTANA
DISCHARGE FROM THE LEGISLATION COMMITTEE
-COM. 46, CCP APR. 4, 2000 - "USED CAR DEALER-
1120 MAIN ST. (CD)
Whereas Com. 46, CCP Apr. 4, 2000 "Used Car Dealer- I
120 Main St. (CD)"is presently before the Committee on
Legislation; 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 Legislation from further consideration of Com.
46, C.C.P. Apr. 4, 2000,"Used Car Dealer- 1120 Main St.
(CD)", and said item is now before the Council.
PASSED
AYES -13 NOES - 0
NO. 233
BY: MR. GOLOMBEK
CHANGE MAISCH STREET FROM TWO WAY TRAFFIC
TO ONE WAY TRAFFIC
Whereas: Malsch Street is a small residential street,
currently with two way traffic, that runs between Esser and
Eckhert Avenues in the City of Buffalo's North District. There
are currently a total of 13 Homes on the entire street; and
Whereas: There is a sharp bend at the halfway down the
length of the street, the bend is severe enough that when
cars travelling from opposite directions meet at this bend one
must back up a significant distance so that the other car may
pass through the bend; and
Whereas: The two streets that Malsch street runs between
have their own intersection, therefore changing Malsch to a
one way street running form Esser Street north to Eckhert
Avenue would cause no problems for either of the streets
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residents; and
Whereas: The block club in the area has canvassed the
area with a petition which shows an overwhelming support,
signatures from 12 of the 13 homes, to make Malsch Street
a one way street; and
Now, Therefore, Be It Resolved:
That the Buffalo Common Council does hereby request
Public Works analyze the traffic on MaIsch Avenue and file,
by 2:OOPM Thursday, June 8th 2000, their findings with this
Council. The report needs to include the residents and
pedestrians safety concerns; and
Be It Further Resolved:
That this Honorable does hereby request that the
Department of Public Works to file, by 2:OOPM Thursday,
June 8th 2000, their response as to any concerns they
foresee with honoring the residents request to change the
direction of traffic on the above named streets; and
Be It Finally Resolved:
That Public Works, if finding that such a change in traffic flow
is appropriate, does proceed with the necessary signage for
this change.
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 234
BY: MR. GOLOMBEK
SUBARU BUFFALO 4 MILE CHASE
Whereas: Organizers of the 20'h annual Subaru Buffalo 4
Mile Chase have requested permission to conduct their
annual race on Saturday, July 15'h along Elmwood
Avenue,and
Whereas: in the past there have been problems with various
individuals and/or vendors setting up and selling
inappropriate wares, and
Whereas: through the sale of inappropriate wares illegal
vendors profit while neighborhoodmerchants suffer
adversely from the competition, and
Whereas: neighborhood merchants would not be expected
to have a permit and would be allowed to sell their goods as
they normally would on a daily basis,
Now, Therefore, Be It Resolved:
That the area bounded by Forest to St. James and
Richmond to Delaware be a designated area in which
neighborhood merchants are allowed, as always, to sell their
wares and that illegal vendors be prohibited from soliciting
during this event.
REFERRED TO THE COMMITTEE ON FINANCE, THE
SPECIAL EVENTS COMMITTEE AND THE
CORPORATION COUNSEL
NO. 235
BY: MR. GOLOMBEK
SUBARU BUFFALO 4 MILE CHASE BANNER
Whereas: Organizers of Subaru Buffalo 4 mile Chase will
be sponsoring this race which will be held on Saturday, July
15th, and
Whereas:this year marks the 200' annual run, and
Whereas:to publicize the event, the Race Director has
requested permission to display a banner across Elmwood
Avenue from 946 Elmwood Avenue to 951 Elmwood
Avenue,and
Whereas: the period the banner would be on display would
be from June 17th through July 15th, 2000
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Now, Therefore, Be It Resolved:
The sponsors of the Subaru Buffalo 4 Mile Chase be granted
permission to hang a banner on Elmwood Avenue from June
17'h through July 15th, 2000
REFERRED TO THE COMMITTEE ON FINANCE, THE
SPECIAL EVENTS COMMITTEE AND THE
CORPORATION COUNSEL
NO. 236
BY: MR. GOLOMBEK
REVERSE TRAFFIC DIRECTION ON A PORTION OF
BIRD AND CLAREMONT AVENUES
Whereas: The couple of blocks on both the West and East
sides of Elmwood Ave is an area known to its residents as
the Elmwood Village. This area is full of beautiful homes
occupied by homeowners ranging in age and family size;
and
Whereas:The population density in this area is an essential
part of the pedestrian traffic that supports the vibrant
Elmwood Ave. commercial strip; and
Whereas:The vehicle traffic flow into this neighborhood from
Elmwood and Forest Avenues has increased steadily over
the years. The amount of traffic is currently at a point where
the combined negative impact on the residents safety, and
the constant 7:00 AM to 4:30 AM noise from cars and trucks
has caused many families to move out of the area; and
Whereas:The block clubs in the area have canvassed the
area with petitions which show an overwhelming support to
reverse the direction of traffic of Bird Ave between Elmwood
and Richmond Avenues and reverse the traffic direction on
Claremont Ave. between Potomac and Forest Avenue
Now, Therefore, Be It Resolved:
That the Buffalo Common Council does hereby request
Public Works analyze the traffic patterns on Bird and
Claremont Avenue's and file, by 2:OOPM Thursday, June 8
2000, their findings with this Council. The report needs to
include the levels of traffic at various times of the day as well
as the residents and pedestrians safety concerns; and
Be It Further Resolved:
That this Honorable does hereby request that the
Department of Public Works to file, by 2:OOPM Thursday,
June e 2000, their response as to any concerns they foresee
with honoring the residents request to change the direction
of traffic on the above named streets; and
Be It Finally Resolved:
That Public Works, if finding that such a change in traffic flow
is appropriate, does proceed with the necessary signage for
this change.
REFERRED TO THE COITIITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 237
BY: BETTY JEAN GRANT MR. BROWN
PROPER DISPOSAL OF ABANDONED TIRES.
Whereas: Many streets and vacant lots are being used as
illegal dumping grounds for abandoned tires; and
Whereas:The City of Buffalo does not have a set policy of
picking up those abandoned tires; and
Whereas:Citizens can haul these tires away at their own
expense, to a city owned facility, however, many citizens do
not utilize this privilege; and
Whereas:These abandoned tires create an odorous, unsafe
and hazardous condition that is a proven haven for rodents,
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skunks and other pests.
Therefore, be it resolved that: The Department of Sanitation
institute a policy of hauling away these abandoned tires at
frequent intervals or at least on a monthly basis; and
Be it further resolved that: This policy takes effect
immediately to rid the city of the eyesore of abandoned tires,
and;
Be it finally resolved that: The Department of Sanitation
appear before the City of Buffalo Common Council to
address this issue.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMISSIONER OF STREET SANITATION
NO. 238
BY: MRS. LOTEMPIO
CITY OF BUFFALO
LOCAL LAW NO. _ (2000)
INTRODUCTORY NO. 6 (2000)
LOCAL LAWamending Article Sixteen of the Charter
of the City of Buffalo in relation to the amending the
qualifications of the Commissioner of Community Services.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article Sixteen of the Charter of the City of
Buffalo, adopted pursuant to law, is hereby amended as
follows:
Sec. 16-3. Qualifications.
The commissioner of community services shall be a person
who has either (a) a college degree and demonstrated
executive, supervisory and administrative ability with at least
five years experience in government or human or community
services; or (b) an equivalent combination of training,
education and experience sufficient to indicate ability to
perform the duties of the office.
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 on July 1, 2000.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is
new.
LAID ON THE TABLE
NO. 239
BY: MS. LOTEMPIO AND MS. ELLINGTON
CONDITIONALLY APPROVE CITY PAYMENT OF
BROADWAY MARKET ELECTRIC BILLS
Whereas:The Broadway Market currently finds
itself in a major financial crisis which threatens the Market's
ability to continue serving the many people who have grown
to love the Market's unique shopping experience; and
Whereas:After a thorough audit, recently completed by the
Comptroller's office, it is evident that the current fiscal crisis
is due to long time mishandling of funds and questionable
spending practices by the present Broadway Market Board;
and
Whereas:According to the last report filed by the City's
Commissioner of Public Works the Broadway Market's
electric bills (arrears and Current) are in excess of $215.000,
and
Whereas:Based on the recommendation of the City
Comptroller. it is evident that in formulating a long-term plan
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to insure fiscal stability and accountability at tile Broadway
Market the City must impose a structure that will immediately
address the fiscal problems at the Market; and
Whereas:The City of Buffalo stands strong in supporting the
stabilization of the Broadway Market, but has come to the
conclusion that the existing Broadway Market Board is not
capable of solving the Market's problems.
Now, Therefore. Be It Resolved:
That this Common Council authorizes the Commissioner of
Public Works to pay the Broadway Market's electric bills on
the condition that the current directors of the Broadway
Market Board resign.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF PUBLIC WORKS AND THE MAYORS
OFFICE
NO. 240
BY: MS. MARTINO
WAIVE PERMIT FEES FOR ST. AMBROSE
PARISH PICNIC
Whereas: St. Ambrose Parish, located at 65 Ridgewood
Road, will be holding its first annual Parish Picnic on
Saturday, August 26, 2000, and
Whereas: This is the first summer the Parishioners of St.
Ambrose (yet together to participate in outdoor activities as
part of their Parish Picnic:, and
Whereas:Residents of all ages eqjoy good food, lots of
games, and plenty of camaraderie.
and
Whereas: A "bike parade" will kick things off early in the
morning along with bicycle safety demonstrations sponsored
by the Buffalo Police Athletic League.
Now, Therefore, Be It Resolved:
That the Common Council waive any permit and street
closing fees required by St. Ambrose Parish for their first
annual Parish Picnic on August 226. 2000: and
Be It Further Resolved:
That notification of this fee waiver and street closing be
forwarded to the Department of Public Works, Streets,
Traffic Engineering. and the Buffalo Police and Fire
Departments and to St. Ambose Parish.
PASSED
AYES -13 NOES - 0
NO. 241
BY: MS. MARTINO
WAIVE PERMIT FEES FOR SUSAN LANE COMMUNITY
ASSOCIATION
Whereas: The Susan Lane Community comprises the full
length of Susan Lane in South Buffalo. Their main goal is to
maintain the natural charm of the area by neighborhood
beautification and by having regular meetings where
everyone can discuss community concerns and keep up with
current issues in the area: and
Whereas: Every summer the residents of Susan Larie hold
their annual block party. They are always overwhelmingly
successful; and
Whereas: Residents of all ages enjoy good food. lots of
games, and plenty of good camaraderie, and
Whereas: The third annual block party is scheduled to take
place on Saturday, July 15, 2000, with a rain date of July 16.
2000,
Now, Therefore, Be It Resolved:
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That the Common Council waive any Block Party permit and
street closing fees required by the residents of Susan Lane
for their block party oil July, 15, 2000, with a rain date of July
16, 2000, and
Be It Further Resolved:
That notification of this fee waiver and street closing be
forwarded to the Department of Public Works. Streets.
Traffic Engineering, and the Buffalo Police and Fire
Departments.
PASSED
AYES -13 NOES - 0
NO. 242
BY: MR. PITTS
ORDINANCE AMENDMENT
CHAPTER 361 - RECORDS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 361-8 of Chapter 361 of the Code of the City of
Buffalo be amended to read as follows:
361-8. Payment of fees; exceptions.
A. The City Clerk is entitled to receive, on behalf of the city,
for services specified in this section, except where another
fee is allowed therefor by statutory provision, the fees as
provided in Chapter 175, Fees, to be paid in advance to be
deposited by him with the City Treasurer:
(18) For furnishing copies of blueprints.
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 243
BY: MR. PITTS
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 361, Records
361-8, Filing of certain papers or records
For furnishing copies of blueprints $1.92 per square
foot
It is hereby certified, pursuant to Section 34 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 244
BY: MR. PITTS
NEW AREA CODE FOR WESTERN NEW YORK
Whereas: The New York State Public Service Commission
recently instituted a proceeding to consider how to best
introduce a new area code in Western New York;and
Whereas: The PSC suggested one of three options: creating
a new "Overlay" area code for all new telephone customers;
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creating a "Split" that would divide the current 716 into two
area codes; and creating a "Split" that would divide 716 into
three area codes; and
Whereas: The City of Buffalo had asserted that there was no
need for a new area code in Western New York, provided
that an effort was made to update and enhance the system
used to distribute telephone numbers; and
Whereas: If a new area code were to prove to be necessary,
the City advocated for a two-way split, with Erie, Niagara,
Chautauqua and Cattaraugus counties keeping the 716
designation; and
Whereas: Following the completion of the proceeding, the
PSC ordered a two way split, with Buffalo and the western
counties keeping 716; however, because of the
effectiveness of number conservation measures the
implementation date for the new area code has been pushed
back by a year to 2002;
Now, therefore be it resolved:
That this Common Council expresses its appreciation to the
New York State Public Service Commission for carefully
reviewing the facts in the 716 proceeding and for choosing
the option that makes the most sense for a majority of
businesses and consumers in the affected area; and
Be it further resolved:
That the Council also expresses its appreciation to the many
local residents who worked to convince the PSC that this
was the best alternative, including the Mayor, County
Executive and Congressman Jack Quinn; and
Be it finally resolved:
That the Council urges the PSC to continue its efforts to
improve the system of assigning telephone numbers, with
the hope that it still might be possible to avoid splitting the
716 area code.
ADOPTED
NO. 245
BY: JAMES W. PITTS
DESIGNATION OF SCHOOL OF PERFORMING ARTS
ACADEMY
JUNIOR HIGH SCHOOL BAND
WHEREAS: The Buffalo Public School Music Department
recently held its annual Music Collage 2000 at the Shea's
O'Connell Theatre. This event showcased the varied musical
talents of the schools' students; and
WHEREAS: The Collage under the direction of the Music
Director for the Board of Education Kevin Kazmierczak
provided an unprecedented occasion for students, parents
and teachers to be entertained by City of Buffalo youth who
are the best and brightest musically; and
WHEREAS: An excellently organized program provided a full
array of bands, ensembles, dance, speeches and singing.
Such a proud moment was fitting for the beautiful and newly
renovated downtown theatre; and
WHEREAS: While all of the performances of the schools
represented were excellent, the School of Performing Arts
Academy Junior High School Band provided an especially
talented and powerful performance.
NOW THEREFORE BE IT RESOLVED THAT: The Common
Council provides its congratulations to Superintendent
Canedo, Mr. Kazmierzak, the members of the Board of
Education, parents, teachers and students for a wonderfully
successful Music Collage 2000.
FURTHER BE IT RESOLVED THAT: As a result of this
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successful event and its especially talented performance, the
Common Council hereby designates the School of
Performing Arts Academy Junior High School Band as its
official Ceremonial Band for the Year 2000/2001.
ADOPTED
NO. 246
BY: MR. PITTS
EXCUSE COUNCIL MEMBER MARTINO
Ms. Martino is hereby excused from further attendance at
the Common Council Meeting.
ADOPTED
NO. 247
BY: MESSERS PITTS AND COPPOLA
TRANSPORTATION STUDY MARTIN LUTHER KING
EXPRESSWAY
(FORMER KENSINGTON EXPRESSWAY)
WHEREAS: The Kensington Expressway a.k.a. Martin
Luther King Expressway was built in the late fifties and early
1960's as part of the Federal Highway Act; and
WHEREAS: The Expressway is poorly maintained and still
has the same size and traffic capacity today; and
WHEREAS: Faster cars and increased vehicular traffic has
exposed the limitations of the current roadway. Congestion
has resulted because of insufficient lanes and dangerous
conditions have resulted at various exits; and
WHEREAS: Consistently, there are very serious vehicular
accidents occurring on the expressway. These mishaps
seem to occur daily particularly at rush hour in the mornings
and evenings, serious personal injury and even death is
common; nd
WHEREAS: The Expressway is poorly policed for speeding
traffic and other violations. Recently, a rash of windshield
breakings have occurred as a result of rocks being thrown at
cars traveling along the roadway; and
WHEREAS: Any empirical survey of drivers who use the
Expressway will reveal a harrowing experience and a
conclusion that the Expressway needs to be redesigned to
increase safety and efficiency; and
WHEREAS: The State of New York and the Federal
government have conducted a number of studies to upgrade
the various thruways and highways in the Western New York
area. This has resulted in extensive repairs and redesign of
the New York State Thruway; and
WHEREAS: No such study has occurred for the Martin
Luther King Expressway. Such an effort will be timely today
and save lives; and
WHEREAS: The City's Department of Public Works has
worked with the State Department of Transportation and
Federal government to develop city thoroughfare and
roadway improvements.
NOW THERFORE BE IT RESOLVED THAT: The Common
Council requests the Commissioner of Public Works to
develop a proposal to be submitted to the New York State
Department of Transportation and Federal government for
the redesign and repair of the Kensington a.k.a. Martin
Luther King Expressway.
BE IT FURTHER RESOLVED THAT: The Common Council
hold a Public Hearing to solicit comments and support for
such a study.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE NYS
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DEPT OF TRANSPORTATION
NO. 248
BY: MS. BARBARA MILLER-WILLIAMS
MISSIONARY CHURCH OF CHRIST REQUEST TO WAIVE
FEES
Whereas:On June 10, 2000, the Missionary Church of Christ
along with the Hispanic Pastors of Western New York will
host a "Youth March Against Crime, Violence and Drugs";
and
Whereas:This march will show a diversity amongst its
participants and encourage City of Buffalo residents to seek
enjoyable family entertainment as an alternative to the
violence that plague communities throughout the city; and
Whereas:The Missionary Church of Christ has requested
use of the City of Buffalo Bandshell from the Department of
Human Services, Parks and Recreation for usage on June
10, 2000; and
Whereas:The City of Buffalo's Human Service, Parks and
Recreation Department has made this portable staging
available to various event sponsors over the years; and
Whereas:The bandshell will serve as the main stage area
for the event speakers and youth participants that will
provide words of encouragement and live performances for
those in attendance; and
Whereas:The Missionary Church of Christ kindly requests
that the fees associated with usage of the bandshell be
waived due to their Not-for-Profit status; and
Whereas:This March will be a show of cause and support
and not a means of fundraising;
and
Now, Therefore, Be It Resolved:
That this Common Council approve the waiving of fees
associated with the use of the City of Buffalo Bandshell for
the "Youth March Against Crime, Violence and Drugs" on
June 10, 2000.
PASSED
AYES -13 NOES - 0
NO. 249
BY: MS. BARBARA MILLER-WILLIAMS
PERMISSION TO DISPLAY BANNERS FOR BLUES
FESTIVAL
Whereas: The Lafayette Blues Room will hold their Annual
Blues Festival on July 22, 2000 on Washington Street
between Clinton and Eagle Streets; and
Whereas To promote this festival of Music, the Blues room
has requested permission to display a banner on
Washington Street between Clinton and Eagle Streets; and
Whereas: The organizers would like to display the banner
from July 7, 2000 through July 24,2000;and
Now, Therefore, Be It Resolved:
That this Common Council grants permission to
Entertainment Association of WNY a.k.a. the Blues Room, to
display a banner recognizing their Annual Blues Festival
pursuant to the conditions established by the appropriate
departments in the City of Buffalo and violate no existing
laws or ordinances.
PASSED
AYES -13 NOES - 0
NO. 250
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BY: MS MILLER-WILLIAMS
SALARY ORDINANCE AMENDMENT
04 - COMPTROLLER
1042 -AUDIT
1043 -ACCOUNTING
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 04 -Comptroller, 1042 - Audit and
1043 - Accounting which reads:
1042 - AUDIT
3Supervising Auditor $ 40,404 - s$47,314
1043 ACCOUNTING
3Supervising Accountant $ 40,404 - $ 47,314
Is hereby amended to read:
1042 - AUDIT
2 Supervising Auditor$ 40,404 - $ 47,314
1043 - ACCOUNTING
4Supervising Accountant$ 40,404 - $ 47,314
$ 40,404 - $ 47,314
We, ANTHONY R. NANULA, COMPTROLLER and JAMES
B. MILROY, Ph.D., DIRECTOR BUDGET, hereby certify
that the above change is necessary for the proper conduct,
administration a perfon-nance of essential services of that
department. We recommend that the compensation for
position be fixed at the respective amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission,
and said Commission has approved and certified the
position title set forth in the foregoing ordinance as being the
appropriate Civil Service title for the proposed position.
ANTHONY R. NA ULA
COMPTROLLER
APPROVED AS TO FORM
Corporation Counsel
05/22/00 ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 251
BY MRS. WILLIAMS
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for 7TH ANNUAL MINISTERS COUNCIL
By Councilmember Pitts, Michaux III
Felicitation for Mrs. Yvonne Hargrave
By Councilmember Pitts, Michaux III
ADOPTED.
NO. 252
BY: BARBARA A. WILLIAMS
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
commissioner of Deeds for the term ending December
31,2000, conditional upon the person so appointed certifying
under oath to their qualifications and filing the same with the
City Clerk:
LUCILLE P. MARTIN A.J. BRIGGS DORIS FAULKNER
BRENDA E. MARSHALL SAMUEL J. SMITH DAVID
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A.,COLLINS DONALD L. SHERRY ADA L. DEANS
PAMELA A. DEANS .ROSCOE GARNER LAMONT
A.'SINGLETARY KENNY WILLIAMS ELLIS M. WOODS
WILLIE E. HOHNSON EMIN E. EGRIN LAMONT E.
BURLEY,SR. NEREIDA FIGUEROA NANCY AYALA DELIA
GOMEZ LOURDES IGLESIAS ANTOINETTE GUERCIO
MARK A. PASTERNAK' CALVIN L. JOHNSON -CHERYL E.
DUBLIN GREGORY D.. YOUNG FREDERIC J. TINCH
GREGORY T- TUCKER,SR. CATHY KENNEDY
ADOPTED.
NO. 253
BY: BARBARA A. WILLIAMS
APPOINTMENTS
CONUDSSIONERS OF-DEEDS
REQUIRED FOR THE PROPER PERFORMANCE OF
PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2000, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
Clerk
ANNMARIE P. BARNES
BETTY J. MURAWSKI
ROBIN L. DMOCHOWSKI
VINCENT J. LOVALLO
PETER K. CUTLER
PETER J. SAVAGE
THOMAS E. GLEED
JUAN PHILLIPS
BERNADETTE TAYLOR
MAUREEN DANAHY
GRETCHEPJKRIEGER
SUSAN ANDERSON
LANETTE BOULWARE
ALEXIS KLOSTERMAN-NYHUIS
MARTIN J. LAFALCE
ADOPTED
NO. 254
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13 1h Floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Civil ServiceTuesday, June 6,
2000 at 9:30 o'clock A.M.
Committee on FinanceTuesday, June 6,
2000 following Civil Service
Committee on LegislationTuesday, June 6,
2000 at 2:00 o'clock P.M.
Committee on Comm. Dev.Wednesday, June
7, 2000 at 10:00 o'clock A.M.
Special Committee :
Police ReorganizationWednesay, June 7,
2000 at 2:00 o'clock P.M.
in Room 1417.
NO. 255
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms. Gray,
the Council adjourned at 4:30
CHARLES L. MICHAUX, III
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CITY CLERK
PENSION
Board of Police and Fire Pension Proceedings #5
Council President's Office - 1315 City Hall May 25, 2000
Present: Anthony M. Masiello, Mayor; Anthony Nanula,
Comptroller-2 Absent: James W. Pitts, Council
President-I The Journal of the last meeting was
approved.
NO. I
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of May 2000 amounting to $19,205.69,
and respectfully request that checks be drawn to the order of
the persons named herein for the amounts stated. Adopted
Ayes-2. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of May 2000 amounting to
$20,957.00, and respectfully request that checks be drawn
to the order of the persons named herein for the amounts
stated. Adopted. Ayes-2. Noes-0.
NO. 3
The following annuitant was cancelled from the Police
Pension Fund Payroll:
Elsie RebhanDied4/24/00.
Received and Filed.
NO. 4
On motion by Mr. Masiello, the City of Buffalo Police and
Fire Pension Board Meeting adjourned at 11:10 a.m.
Page 92