HomeMy WebLinkAbout00-0516
00-0516.txt
No. 10
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 16, 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 16, 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 2, 2000 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM DUNN TIRE PARK
NO. 1
NOTICES OF APPTS. - TEMP. /PROV. /PERM. (CC)" (#92
CCP APR. 18, 2000)
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In reference to Personnel Requisition Number
99-249, please be advised that all three appointments have
a First Class Stationary Engineer's License as required by
State and Local Law. In addition, all three appointments
have been in the same position at the stadium for numerous
years.
If you need additional information, please feel
free to call upon me.
Thank you.
REFERRED TO THECOMMITTEE ON CIVIL SERVICE.
FROM THE ENVIRONMENTAL MANAGEMENT
COMMISSION
NO. 2
IRON MOUNTAIN INC. RECORD STORAGE FACILITY
The Buffalo Environmental Management Commission
(BEMC) would like to express its strong opposition to the
proposal by Iron Mountain Inc. to expand a record storage
facility on the Buffalo River near the Bailey Avenue Bridge
through acquisition of a City-owned paper street. It is the
view of the Commission that the Iron Mountain proposal
would result in significant adverse environmental impacts, as
defined by SEQR. Therefore, the BEMC urges the City
Planning Board to either:
a)Reject the Iron Mountain Proposal if it is within the
Board's statutory authority to do so; or
b)Issue a Positive Declaration under SEQR,
indicating that the proposed record storage project may have
a significant adverse environmental impact, as defined by
SEQR, and requiring a full Environmental Impact Statement
for the Project.
Expansion of the Iron Mountain Record Storage Facility at
the proposed site near the Bailey Avenue Bridge flies in the
face of efforts to implement the Buffalo River Greenway
Plan, and to preserve wildlife habitat areas along the Buffalo
River. The New York State Department of Environmental
Conservation (NYSDEC) has identified the site selected for
the Iron Mountain Project as one of the last remaining
fragments of floodplain forest on the Buffalo River, and
among the last relatively undisturbed forest areas in the City
of Buffalo. As such, NYSDEC considers the Site to be an
important habitat area for forest bird species and a variety of
plants.
Iron Mountain's proposal may be in violation of the City's
existing 25-foot setback ordinance, and would certainly be a
violation of the 100-foot setback ordinance currently under
consideration by the Common Council. This is another
indication that the Project would move Buffalo's waterfront
development efforts away from the emphasis on
greenspace, natural areas, and public access that is
supported by broad segments of the community.
We believe that the site for the proposed Iron Mountain
facility is located in a 100-year and 500 year floodplain area.
The City should discourage commercial of residential
development on a floodplain. Siting a record storage facility
on a floodplain does not seem to make sense from a
business viability perspective, 'in addition to the serious
community and environmental impact concerns associated
with floodplain development.
The Buffalo Environmental Management Commission
believes that the Iron Mountain Project may have a
significant adverse impact on the environment, as defined by
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SEQR, because it meets the following criteria considered to
be indicators of significant adverse impact under SEQR~
The Project may result in a substantial adverse change
in water quality by replacing green space currently on
the Site with impervious paved or roofed surfaces. This
would increase the quantity of polluted stormwater
runoff entering the Buffalo River during and after
periods of heavy precipitation or snowmelt.
The Project may result in a substantial increase in
neighborhood traffic and noise levels.
The Project may increase the potential for downstream
flooding,
The Project will result in the removal of important
vegetation - one of die few floodplain forest areas in the
City.
The Project would destroy or negatively impact an
important habitat area.
The Project is in conflict with our community's current
plans and goals for the Buffalo River and the
waterfront, such as the Buffalo River Greenway Plan.
These plans and goals rightly place a high value on the
incorporation of green space, public access, and
natural areas into waterfront planning and development
Therefore, if the Planning Board lacks the statutory authority
to reject the Iron Mountain Project out-of-hand, the Board, as
lead agency under SEQR, should issue a Positive
Declaration indicating that the Project may have a significant
adverse impact on the environment, and requiring the
preparation of a full EIS before the Project is allowed to
proceed.
Finally, and most importantly, the City should refuse to sell
Iron Mountain Inc. the city-owned property it would like to
use for its record storage operation. The Common Council
should act immediately to preserve this land by designating it
as dedicated parkland, prohibiting the Iron Mountain Project
and any other proposed development from locating there.
The City, working through its Real Estate Division, should
immediately begin to work proactively with Iron Mountain Inc.
to identify, and help it acquire, an alternative site for its
proposed and existing facilities.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
FROM THE BOARD OF PARKING
NO. 3
REPORT OF PARKING INFRASTRUCTURE TASK FORCE
ITEM NO. 5 C.C.P. APRIL 4, 2000
Attach please find a projected time table for
implementation of the recommendation of the Report of
the Parking Infrastructure Task Force.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY PLANNING BOARD
NO. 4
BMHA
232-262 HEMPSTEAD AVE.
HUMAN SERVICE FACILITY
ITEM NO. 901 C.C.P. 5/2/2000
The City Planning Board at its regular meeting
held Tuesday, May 9, 2000, considered the matter captioned
above pursuant to Section 511-136 of the Buffalo Code, Use
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permit required for human service facilities.
The applicant seeks to convert residential
buildings 74,75,76 located at 232-262 Hempstead Ave. into
a human service facility for recovering alcohol and
substance mothers. The facility will be operated by
Lakeshore Behavioral Health Services. 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 concentration of similar uses within V~ mile
radius of the site.
RECEIVED AND FILED.
NO. 5
G. KONTRAS
3314 BAILEY AVE.
TAKE-OUT RESTAURANT EXPANSION
ITEM NO. 89, C.C.P. 5/2/2000
The City Planning Board at its regular meeting
held Tuesday, May 9, 2000, considered the matter captioned
above pursuant to Section 511-65 of the Buffalo Code,
Kensington Bailey District.
The applicant seeks to expand the existing
take-out restaurant by 100% with the construction of an
addition at the rear of the existing building. Under SEQR the
proposed restaurant is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the
proposed expansion of use for takeout restaurant
conditioned that the applicant seek design and site plan
approval from the City Planning Board.
RECEIVED AND FILED
NO. 6
D. TOMASELLO
620 TIFFT ST.
RECYCLING CENTER
ITEM NO. 123, C.C.P. 4/18/2000
The City Planning Board at its regular meeting
held Tuesday, November 9, 2000, considered the matter
captioned above pursuant to Section 511-67 of the Buffalo
Code, Buffalo Coastal Special Review District.
The applicant seeks to use a vacant property
located at 620 Tifft Street as an organic material staging
area. A representative of City of Buffalo Law Department
was present at the Planning Board meeting to speak about
the proposed operation. The law department indicated the
applicant has already been using the site illegally.
The Planning Board voted to deny the application
for the proposed use of 620 Tifft Street as an organic
recycling center.
RECEIVED AND FILED.
NO. 7
P. GELLMAN
20 BUFFALO RIVER
ANIMAL FEED STORAGE FACILITY
ITEM NO. 97, C.C.P. 4/4/2000
The City Planning Board at its regular meeting
held Tuesday, May 9, 2000, considered the matter captioned
above pursuant to Section 511-67 of the Buffalo Code,
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Buffalo Coastal Special Review District.
The applicant seeks to use a former grain elevator
at 20 Buffalo river as an animal feed storage facility. A
representative of City of Buffalo Law Department was
present at the Planning Board meeting to speak about the
proposed operation. The law department indicated the
operation has been ordered closed by the courts.
The Planning Board voted to receive and file the
application for the use of 20 Buffalo River as an animal feed
storage facility.
RECEIVED AND FILED.
NO. 8
EMPIRE BREWERY
621 MAIN ST.
SIDEWALK CAFE
ITEM NO. 38, C.C.P. 4/18/2000
The City Planning Board at its regular meeting
held Tuesday, May 9, 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 30'x12' sidewalk cafe at 621 Main Street. Under
SEQR the proposed sidewalk cafe is considered an unlisted
action which may be studied through uncoordinated review.
A previous sidewalk caf6 license had been granted for a
previous operator.
The Planning Board voted to recommend approval
of the sidewalk caf6 with the following conditions:
1.All required permits are obtained prior to
operating the sidewalk cafe.
2.The sound of outside music shall not emit
beyond the cafe boundaries.
3. No outside trash receptacles.
RECEIVED AND FILED.
FROM THE COMPTROLLER
NO. 9
BROADWAY MARKET ELECTRIC CHARGES
As of this date, electric arrears at the Broadway Market are
$216,412.16, representing current and past due charges on
three accounts, according to Niagara Mohawk. The city has
not reimbursed the market since January for electric bills.
The audit performed by my office and released April 27
recommended the city impose a structure to immediately
address the fiscal and managerial oversight of the market,
with the Mayor and the Council deciding the actual nature of
that oversight. Niagara Mohawk is clearly losing patience
with the overdue payments, but we must decide on a course
of action before attempting to settle on the arrears. I stand
ready to assist the administration and the Council in
formulating a long-term plan to insure fiscal stability and
accountability at the market.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 10
RESIDENCY
ITEM NO. 241, CCP 02/08/2000
I am advising the Council that Tony A. Farina will be in
compliance with city residency requirements when his
six-month waiver expires on June 6, 2000. He will provide
the required documentation to the Civil Service Commission
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by that date, as requested by the Commission in a
correspondence to Mr. Farina approving his waiver last
January.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 11
MITIGATION OF SURCHARGE FEES
DEMO OF 1435-1447 HERTEL AVE
ITEM NO. 195, CCP MAY 2, 2000
The Division of Collections would like to take this opportunity
to point out the problems inherent in the collection of the
statutory surcharge on demolitions. We agree with Council
Member Coppola that the surcharge of $5,034.00 on a
demolition costing $28,000 is exorbitant. However, we
believe it is exorbitant for all demolitions and we are
concerned with selective mitigation and/or waiving of the
surcharge and we ask that the full Common Council revisit
this issue to amend the statute.
The demolition surcharge was passed by the Common
Council in 1995 with the intent to reimburse the City for labor
costs associated with demolishing private property. When
the ordinance was proposed, the Division of Collections
provided detailed research of employee man-hours that go
into inspection, housing court proceedings, demolition
procedure, and collection of demolition charges. Based on
our research, we recommended an equitable, flat fee for
each demolition. The amount of work hours city employees
perform on each demolition is the same regardless of the
cost of demolition and is not a factor that should affect the
amount of the surcharge.
The current method of calculating the surcharge as a
percentage of the total demolition cost is unfair, particularly
for low income, inner-city residents who cannot afford the
demolition to begin with. Some property owners are billed
several hundred dollars in surcharges while others are
arbitrarily billed several thousand dollars. There are many
factors that contribute to the cost of the surcharge, including
size of the property, presence of asbestos, and luck of the
draw with respect to the number of contractors bidding. The
surcharge is never based on the amount of labor the City
expends on the demolition.
Therefore, the Division of Collections has no objection to
renegotiating the surcharge for the demolition at 1435 Hertel
Avenue from $5,034.00 to $1,500.00, provided that the
Common Council takes the appropriate steps to insure that
the demolition surcharge is fair and equitable for all
constituents.
RECEIVED AND FILED.
NO. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
ENTERPRISE FUND - SOLID WASTE
We, Anthony M. Masiello, Mayor and Anthony P. Nanula,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $98,962 be
transferred and reappropriated from Refuse Disposal
Services, as set forth below:
From:
52002606 - 442 100 Refuse Disposal Services $98,962
To:
52002806 - 443301 Machinery & Equipment Repair $17,000
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52002806 - 443302 Vehicle & Body Repair $36,602
52002806 - 443303 Vehicle Drive Train Repairs $45,36
Dated: Buffalo, NY, May 3, 2000
RECEIVED AND FILED.
NO. 13
INCREASED APPROPRIATION
FUND BALANCE DESIGNATED FOR VEHICLE
INSURANCE
RESERVE FOR MOTOR VEHICLE INSURANCE
MOTOR VEHICLE SELF INSURANCE
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 $50,000 in the estimates for the
fiscal year beginning July 1, 1999 is necessary in
Appropriation Allotments - General Fund - Miscellaneous
General City Charges -Motor Vehicle Self Insurance 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 10700096-397203 -
Reserve for Motor Vehicle Insurance derived from
10000000-253300 Fund Balance Designated for Vehicle
Insurance not otherwise appropriated for any other purpose.
The detail of the requirements is set forth below:
To:
17221008 - Miscellaneous General City Charges
480203 - Motor Vehicle Self Insurance $50,000
Dated: Buffalo, NY, May 3, 2000
RECEIVED AND FILED.
NO. 14
CAPITAL BUDGET AMENDMENT
AUTHORIZATION FOR ADDITIONAL CAPITAL
INDEBTEDNESS
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify, pursuant to Section 359 of
the Charter, that it is necessary to authorize an increase in
indebtedness for Capital Projects Program, provided by the
Common Council prior to
July 1, 1999 for the ensuing fiscal year, by adding the
following item:
Capital Projects Department of Public Works Division of
Buildings
Complete Construction of new Jefferson Ave. Library
$1,700,000
Dated: Buffalo, NY, May 10, 2000
RECEIVED AND FILED.
NO. 15
INTERFUND LOAN
Over the last six years, the City has provided
interfund loans from the City General Fund to The City,
Board and Enterprise Capital Projects Funds to implement
financing of the Capital Improvements Budget. The interfund
loans are repaid when -the Bond Anticipation Notes or
Bonds are issued to finance these projects.
As of today, we have three 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
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Fund in the amount of $2,475,000 for Citywide Tree
Trimming and Removal, $97,500 for Delavan Armory,
Demolition, $150,000 for Renovation of Precinct #11 ("C"
District) and $100,000 for "B" District Police Building
(MainJTupper). The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account
Repayment Date Total
1000 General 3000 Capital Projects 35310106
BAN/Bond Sales $2,475,000
1000 General 3000 Capital Projects 35320106
BAN/Bond Sale 97,500
1000 General 3000 Capital Projects 35320206
BAN/Bond Sale 150,000
1000 General 3000 Capital Projects 35320306
BAN/Bond Sale 100,000
Mrs. LoTempio moved:
That the Comptroller be and hereby is authorized to
provide an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $2,475,000 for
Citywide Tree Trimming and Removal, $97,500 for Delavan
Armory, Demolition, $150,000 for renovation of Precinct
#11(C "District) and. $100,000 for "B" District Police
Building(Main/Tupper)
Passed
Ayes-13. Noes-0
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment Effective in the Department of: Audit and
Control Division of: Comptroller to the Position of:
Confidential Secretary to the Comptroller, Exempt, at the
Maximum Starting Salary of $33,000
Anita Irene
200 Summer Street
Buffalo, NY 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 17
CERTIFICATE OF APPOINTMENT
Appointment Effective 5/8/00 in the Department of Audit and
Control, Division of Data Processing, to the position of
System Analyst, Permanent, at the Intermediate Starting
Salary of $39,703.
Kenneth Sprague
154 Heath
Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
NO. 18
2930 AND 2950 BAILEY AVENUE
This is In response to your letter of April 5, 2000,
in which you requested information relative to -tax payment
history" and the "-names of 'persons remitting any such
payment(s)" for the parcels assessed as 2930 and 2950
Bailey.
A review of our assessment records Shows that
the parcels -were purchased by Dreamco Development
Corp. from the City of Buffalo, a tax exempt entity. The deed
conveying title to Dreamco -was filed in the Erie County
Clerk's Office on January 15, 1999. Since the City of Buffalo
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is exempt from real property taxes and city taxes are not
levied, tax payment history and name of the person paying
the city tax Is not applicable. However, Section 520 of the
Real Property Tax Law provides that when many person,
association or corporation not otherwise entitled to an
exemption from taxation acquires title to real -property which
Ls exempt, in whole or in part, from taxation, such property
shall be immediately subject to taxation... ." The Department
of Assessment, after receiving the appropriate, paperwork,
notifying us as to a change in ownership, notified Dreamco
Development Corp. that the exemption ($241,700 for 2930
Balley $15,700 for 29SO Bailey) has been -removed and
that the tax, which would have been imposed had there been
no exemption, will be prorated from the date of transfer,
January 15, 1999, and -added to the July 1, 2000-:2001 real
property tax and sewer rent bill. Enclosed are copies of the
notices mailed to Dreamco Development Corp.
With reference to the user fee, be advised that
Streets Sanitation is charged with implementation and
maintenance of all records relative to user fee. Please
contact Robert Battaglia, Superintendent of Street
Sanitation, 218 City Hall, Buffalo, Now York.
If you have any further questions or concerns, please call me
at 851-5745. I apologize for the delay in responding.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 19
REQUEST APPROVAL OF
CERTIFICATE OF ADJUSTED
BASE PROPORTIONS
Attached find Certificate of Adjusted Base Proportions. I am
respectfully requesting that Your Honorable Body approve
the aforementioned Certificate pursuant to Article 19 of the
Real Property Tax Law.
This Certificate was prepared by this department with the
assistance of the New York State Office of Real Property
Service, pursuant to the Real Property Tax Law and the
Rules and Regulations of the Office of Real Property
Service.
Upon approval of this Certificate, kindly direct the City Clerk
to sign, date and forward said Certificate to the New York
State Office of Real Property Service, Equalization Rate
Bureau, 16 Sheridan Avenue, Albany, New York
12210-2714. Also, kindly direct the City Clerk to furnish this
department with a copy of the approved Certificate.
Mrs. LoTempio moved:
That the Certificate of adjusted Base Proportions submitted
by the Commissioner of Assessment be and is hereby is
approved: And
That the City Clerk be and hereby is authorizes to sign, date
and forward the Certificate to the New York State Office of
Real Property Services, and to furnish a copy of the
approved certificate to the Department of Assessment
Passed
AYES-13. NOES-0.
NO. 20
REQUEST APPROVAL OF
CERTIFICATE OF CURRENT
BASE PROPORTIONS
Attached find Certificate of Base Percentages, Current
Percentages and Current Base Proportions. I am respectfully
requesting that Your Honorable Body approve the
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aforementioned Certificate pursuant to Article 19 of the Real
Property Tax Law.
This Certificate was prepared by this department with the
assistance of the New York State Office of Real Property
Service, pursuant to the Real Property Tax Law and the
Rules and Regulations of the Office of Real Property
Service.
Upon approval of this Certificate, kindly direct the City Clerk
to sign, date and forward said Certificate to the New York
State Office of Real Property Service, Equalization Rate
Bureau, 16 Sheridan Avenue, Albany, New York
12210-2714. Also, kindly direct the City Clerk to furnish this
department with a copy of the approved Certificate.
Mrs LoTempio moved::
That the Certificate of Current BASE Proportions
submitted by the Commissioner of Assessment be and it
hereby is approved; and
That the City Clerk be and hereby is authorized to
sign, date and forward the Certificates to the New York State
Office of Real Property Services and to forward a copy of the
approved Certificate to the Department of Assessment.
Passed
Ayes-13. Noes-0.
NO. 21
SALE/LEASEBACK 2930-2950 BAILEY AVENUE
ITEM 13, CCP MARCH 21, 2000
The above item was referred to the Department of
Assessment for a response. Your Honorable Body has
requested that this office "provide documentation on the
unpaid taxes and user fees owing" for the parcels assessed
as 2930 Bailey (police and fire station) and 2950 Bailey
(parking lot).
A review of our assessment records shows that
the parcels were purchased by Dreamco Development Corp.
from the City of Buffalo, a tax exempt entity. The deed
conveying title to Dreamco was filed in the Erie County
Clerk's Office on January 15, 1999. Since the City of Buffalo
is exempt from real property taxes and city taxes are not
levied, records relative to "unpaid taxes" is not applicable.
However, in the matter of Dreamco Development Corp.,
Section 520 of the Real Property Tax Law provides that
when "any person, association or corporation not otherwise
entitled to an exemption from taxation acquires title to real
property which is exempt, in whole or in part, from taxation,
such property shall be immediately subject to taxation... ."
The Department of Assessment notified Dreamco
Development Corp. that the exemption has been removed
and that the tax, which would have been imposed had there
been no exemption, will be prorated from the date of transfer
and added to the July 1, 2000-2001 real property tax and
sewer rent bill.
With reference to the user fee, be advised that
Streets Sanitation is charged with implementation and
maintenance of all records relative to user fee.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 22
NOTIFICATION SERIAL # 9192
INSTALL NO STANDING
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EXCEPT OFFICIAL POLICE VEHICLES
ON EAST FERRY STREET, SOUTH SIDE
STARTING AT A POINT 110' EAST OF FILLMORE
AVENUE
TO A POINT 180' EAST 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
East Ferry Street, south side At all times
starting at a point 110' east of Fillmore Avenue Except
to a point 180' cast therefrom Official
Police Vehicles
This action is being taken at the request of the Buffalo Police
Department in order to provide on street parking for the near
police station at Fillmore Avenue and East Ferry Street.
NOTIFICATION SERIAL #9193
REPEAT ALTERNATE PARKING - TYPE 11
SOBIESKI STREET BETWWEN
J: WALDEN AVENUE AND STANISLAUS STREET
NO PARKING (ALTERNATE - TYPE 11) - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Sobieski Street, west side 9:00 a.m. - 4:00
p.m.
between Walden Avenue and Thursday, Friday
Stanislaus Street
Sobieski Street, east side 9:00 a.m. - 4:00
p.m.
between Walden Avenue and Monday, Tuesday,
Wednesday
Stanislaus Street
This action is being taken at the request of Council President
Pitts on behalf of the Block Club leader of the street.
Alternate Parking
- Type I will be installed in place of Type II (see next serial)
NOTIFICATION SERIAL #9194
INSTALL ALTERNATE PARKING - TYPE I
SOBIESKI STREET BETWEEN
WALDEN AVENUE AND STANISLAUS STREET
NO PARKING (ALTERNATE - TYPE 1) - INSTALL
In conformity with Section 49 of Chapter 479 of the
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Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Sobieski Street, west side 4:00 p.m.
Wednesday to
from Walden Avenue to 4:00 p.m. Sunday
Stanislaus Street
Sobieski Street, east side 4:00 p.m.
Sunday to
from Walden Avenue to 4:00 p.m.
Wednesday
Stanislaus Street
This action is being taken at the request of the Council
President Pitts on behalf of the Block Club leader of the
street. Alternate
Parking - Type I will be installed in place of Type II (see
previous serial)
NOTIFICATION SERIAL #9193, 9194 WAS RECEIVED
AND FILED, NOTIFICATION SERIAL #9192 WAS
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 23
REPORT OF BIDS
CURB & SIDEWALK REPLACEMENT
CITY WIDE - 2000
GROUP #525
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
advertised and received bids May 3, 2000 for Curb &
Sidewalk Replacement - City Wide - 2000, Group #525.
In obtaining bids for the above project, I have
asked for bids on a unit price covering the various items of
work and material which will be performed. The final cost of
the work will be based on the actual measured quantities of
materials entering into the work and may be either more or
less than the total bid.
The following bids were received:
Base Bid Unit Price Increase
Tom Greenauer Dev. Inc. $624,537.50 $686,991.25
A.B.P. Concrete Constrct. Co., Inc.
$672,070.00 $734,523.75
Sicilia Construction Co., Inc. $722,005.00* $784,458.75*
P & J Construction Co., Inc. $734,050.00* $796,503.75*
Master's Edge, Inc. $748,225.00 $810,678.75
C & C Contractors, Inc. $753,415.00 $815,868.75
C. Destro Development $785,075.00 $847,528.75
M.P.J. Construction $929,725.00 $992,178.75
*Adjusted Amount
I hereby certify that the lowest responsible bidder
for the above project is Tom Greenauer Development, Inc.
I respectfully recommend that your Honorable
Body authorize a contract award in the amount of
$686,991.25 ($624,537.50 Base Bid + 10% unit price
increase $62,453.75 = Total Award $686,991.25). Funds for
this work are available in our Capital Project Infrastructure
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Account #34310506.. The engineer's estimate for this work
is $710,000.00.
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 June 16, 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 10, 2000, be
received and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to award a contract for Curb &
Sidewalk Replacement, City Wide - 2000, Group #525, to
Tom Greenauer Development, Inc., the lowest responsible
bidder, in the amount of $686,991.25 ($624,537.50 Base Bid
+ 10% unit price increase $62,453.75 = Total Award
$686,991.25). Funds for the project are available in Capital
Project Infrastructure Account #34310506.
Passed.
AYES-13. NOES-0.
NO. 24
REPORT OF BIDS
TREE STUMP REMOVAL-CITY WIDE
GROUP #526
ITEM NO. 126, CCP 3/3/98
This is to advise your Honorable Body that I have
advertised and received bids May 3, 2000 for Tree Stump
Removal - City Wide, Group #526.
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 maybe either more or
less than the total bid. (List of locations are attached) The
following bids were received:
Base Bid Unit Price Increase
Birch Grove Landscaping, Inc.
$46,900.00 $51,590.00
Eastwood Industries, Inc. $59,750.00 $64,440.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is Birch Grove Landscaping, Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $ 51,590.00 ($46,900.00 Base Bid +
10% unit price increase $4,690.00 = Total Award $51,590.00
). Funds for this work will be available in future Capital
Project Account as per the 2.5 million dollar amendment to
the 99-00 Capital Budget. The engineer's estimate for this
work is $40,000.00.
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 June 16, 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 10, 2000, be
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received and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to award a contract for Tree Stump
Removal, City Wide - 2000, Group #526, to Birch Grove
Landscaping, Inc., the lowest responsible bidder, in the
amount of $51,590.00 ($46,900.00 Base Bid + 10% unit
price increase $4,690.00 = Total Award $51,590.00). Funds
for the project are available in future Capital Project Account
as per the 2.5 million-dollar amendment to the 99-00 Capital
Budget.
Passed.
Ayes-13. Noes-0.
NO. 25
CHANGE IN CONTRACT
O'KELL SHELTER HOUSE
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the O'Kell Shelter House, General Construction,
Peyton Barlow Co., C #92010013.
1 .Locate building approximately 120'west of the position
indicated on the contract documents to facilitate the
layout of the proposed new South Buffalo Community
Center/School/Library. Additional costs are for the
removal of existing foundation walls and the addition
of concrete walk/drive. Add $ 3,642.00
2.Additional project expenses incurred to construct this
new facility during winter conditions. Expenses include
heaters, propane, temporary enclosures, insulation,
and generator rental. This project was originally
scheduled to start in August of 1999 but was delayed
until December of 1999 to coordinate with the South
Buffalo Community Center/School/Library Master Plan
layout. This was done to complete the work before
This year's baseball season. Add$ 9,864.00
The foregoing change results in a net increase in the
contract of Thirteen Thousand Five Hundred Six and 00/100
Dollars ($13,506.00).
Summary: Current Contract Amount $ 237,523.00
Amount of This Change Order (#3) Add $ 13,506.00
Revised Contract Amount $ 251,029.00
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 30341506 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 3, 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
Peyton Barlow Co., an increase in the amount of
$13,506.00, as more fully described in the above
communication, for work relating to O'Kell Shelter House,
General Construction, C #92010013. Funds for this project
are available in CPF 30341506 445100 -Division of
Buildings.
Passed
AYES-13. NOES-0.
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NO. 26
CHANGE IN CONTRACT
PRECINCT 11 RENOVATIONS
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for Precinct 11 Renovations, General Construction,
Summit Construction Group, C #92010135.
1 Install insulated glazing in lieu of bullet resistant
glazing located in the upper portion of the window
type W1. The change in the upper glazing is
recommended by the manufacturer due to the
heavy weight that may damage the window. Deduct $
1,296.75
2. Install a fire rated hollow metal door in lieu of
an insulated fiberglass reinforced polyester (FRP)
door between the Vestibule #129 and the Garage
#128. We cannot obtain on FRP door with the
required fire rating. Deduct $ 264.00
The foregoing change results in a net decrease in the
contract of
One Thousand Five Hundred Sixty and 75/100 Dollars
($1,560.75).
Summary: Current Contract Amount $ 541,630.00
Amount of This Change Order (#3) Deduct $ 1,560.75
Revised Contract Amount $ 540,069.25
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 April 14, 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
Summit Construction Group, a decrease in the amount of
$1,560.75, as more fully described in the above
communication, for work relating to Precinct I I Renovations,
General Construction, C#92010135. Funds for this project
are to be credited to CPF 30337706 445100 -Division of
Buildings.
Passed
Ayes-13. Noes-0.
NO. 27
240 SCOTT STREET
HANDICAP RAMP WITHIN CITY
RIGHT OF WAY
Mr. Fred Choi, of Kiewit Construction Company, acting as
agent for Level 3 Communications, owners of the property
located at 240 Scott Street, has requested permission to
install a handicap ramp which would encroach City right of
way at said address. The proposed ramp would measure 21
feet in length and project a maximum of 6 feet from the
building face into City right of way.
The Department of Public Works has reviewed Mr. Choi's
request pursuant to Chapter 413-59.1 (Handicapped Access
Ramps) of the City Ordinances and has no objection to Your
Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation
Page 16
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provided the following conditions are met:
1 . That the applicant obtain any and all other City of Buffalo
permits necessary for installation.
2.That the ramp be installed exactly as shown on plans
submitted to and approved by the Department of Public
Works, Division of Buildings.
3.That the ramp be constructed so as not to be
permanent in nature.
4.That the applicant supply the Department of Public
Works with a $5,000 construction in street bond of certificate
of insurance which will indemnify and save harmless the City
of Buffalo against any and all loss and damage arising out of
the construction, maintenance, use and removal of said
ramp.
Mrs. LoTempio Moved:
That the above communication from the
Department of Public Works dated May 9, 2000, be received
and filed; and
That the Commissioner of Public Works be, and
he hereby is authorized to issue a "mere license" to Mr. Fred
Choi, of Kiewit Construction Company, acting as agent for
Level 3 Communications, owners of property located at 240
Scott Street, to install a ramp, which would encroach city
right-of-way at said address, subject to the conditions as
listed above.
Passed.
AYES-13. NOES-0.
NO. 28
MITIGATION OF SURCHARGE-1435 - 1447 HERTEL
ITEM NO. 195, C.C.P. 5/2/00
The referenced item was referred to this department for
comment. The surcharge referred to in Councilmember
Coppola's resolution is issued by the Department of
Community Development, Division of Demolitions. The
Department of Public Works has no involvement in issuing
this fee nor do we have any involvement of the demolition of
this structure. I therefore do not make any recommendation
on abating this surcharge.
RECEIVED AND FILED.
NO. 29
C. MOORE CONCERNS PHASE VI
ENERGY MANAGEMENT PROJECT
ITEM NO. 76, C.C.P. 5/2/00
The referenced item was referred to this department for
response. Mr. Moore's contention that Candela Systems of
Somers, NY, has been awarded a contract for Phase VI of
the Energy Management Project for the City of Buffalo is not
entirely correct. The City's contract for this work has been
awarded to Sempra Energy. Sempra is purchasing materials
from Candela Systems. When a contractor is hired to
perform the work, that work will be done by a master
electrician in accordance with all City Ordinances.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 30
532-534 ELMWOOD AVENUE-,
REQUESTS PERMISSION TO INSTALL
SIDEWALK CAFE
Mr. Craig Steger, owner of The Blue Moon Cafe, located at
532-534 Elmwood Avenue, has requested permission to
install a sidewalk cafe which would encroach City right of
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way at said address. The proposed cafe would measure
thirty-three (33') in length and project six feet (6') from the
building face into City right of way.
The Department of Public Works has reviewed Mr. Steger's
application pursuant to Chapter 413, Section 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-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 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 BOARD
NO. 31
CERTIFICATE OF APPOINTMENT
Appointment Effective: 5/8/00 in the Department of Public
Works
Division of Engineering to the Position of Electrician,
Provisional Appointment, at the: Intermediate starting salary
of $26,756.
David R. Warden
428 Herkeimer St.
Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 32
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 8, 2000 in the Department of
Public Works
Division of Engineering to the Position Of Electrician,
Provisional, Promotion, at the Maximum Starting Salary of
$29,278.
Richard L. Fontana
1809 Niagara St.
Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 33
CERTIFICATE OF APPOINTMENT
Appointment Effective May 8, 2000 in the Department of
Public Works,
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Division of Engineering to the Position of Investigator,
Provisional Appointment at the Intermediate Starting Salary
of $32,025.
Daniel Lombardo
669 Potomac Ave.
Buffalo, NY 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 34
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 8, 2000 in the Department of
Public Works, Division of Engineering to the Position of
Junior Engineer, Provisional, Appointment at the Maximum
Starting Salary of $38,395.
William Moss
248 Dearborn St.
Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 35
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 8, 2000 in the Department of
Public Works, Division of Engineering to the Position of
Traffic Signal Specialist Provisional Appointment at the
Maximum Starting Salary of $30,708.
Michael Agostino
44 Tacoma Ave.
Buffalo, NY 14216
Roosevelt Thomas
406 Bird Avenue
Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
NO. 26
ERIE CO. TAKEOVER-CENTRAL BOOKING, ETC.]
ITEM # 182, CCP JUNE 29, 1999]
This correspondence is in your recent request for an update
regarding "Erie Co. Takeover - Central Booking, etc." (182
CCP June 29, 1999).
Initial meetings have been held which included
representatives from the Buffalo Police Department, The
Erie County Sheriffs Office, and the Cheektowaga Police
Department. This group discussed the overall feasibility of
an Erie County takeover of Central Booking as well as took a
tour of prospective space which may be available in the Erie
County holding center on Delaware Avenue.
During the discussions, it was noted that a variety of issues
need to be reviewed and specific agreements regarding
these issues need to be reached prior to any plan for
implementation. Several of these issues may have different
resolutions for each municipality. These issues include but
are not limited to: transportation of prisoners to the holding
center for booking; the storage and responsibility for prisoner
property; ownership and responsibility for arrest records and
bookings; transportation of arrested persons to court for
arraignment; personnel needed for this operation.
Although potential physical space has been identified, a
rearrangement of current functions within the holding center
must take place in order to accommodate a booking center,
The Sheriffs Department is of the opinion that this can be
accomplished if it can consolidate with the County Jail in
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Alden. This potential consolidation may have to be approved
by a public referendum in November.
Because this is a radical change from the way arrested
persons are currently processed within Erie County, The
Sheriffs Department will be seeking additional input from the
Chiefs of Police throughout Erie County so that once a plan
is implemented, it will meet the needs of all the Police
Agencies in Erie County,
The representatives from The Buffalo Police Department, the
Erie County Sheriffs Department, and the Cheektowaga
Police Department agree that this project shows great
promise. However, a great amount of detailed planning
needs to be done before the concept can be presented for
approval and finally implemented.
I would estimate that due to the possibility of a public
referendum to consolidate functions within County
government and therefore make the physical space available
and the number of issues to be resolved, under ideal
circumstances this process will more than likely take the rest
of this calendar year.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 37
INFORMATIONAL DISPOSITION OF COMPUTER UNDER
ICOPS GRANT
The Department was involved in a problem-solving
partnership grant whereby they attacked the problem of
prostitution in the "B" District.
Part of the collaborative group was the Allentown
Association. Under this grant, federal funds were utilized to
purchase a computer including standard and mapping
software, monitor and printer which assisted the community
center in addressing community concerns, especially while
working with the Prostitution Task Force. Since the grant has
now officially ended and the City has received their full share
of funding, ($145,407), we want to officially turn the
equipment over to the Allentown Association, which has
been our standard practice when we have purchased
equipment for a community entity under a grant. Upon your
approval, we will forward a letter to Allentown to officially
remove the City of Buffalo stickers attached to this
equipment when it was originally brought to them. Once the
stickers are returned, we will take them off the City's
inventory list. The Allentown Association has assured us that
this computer equipment will continue the work of the
Prostitution Task Force, and in addition, will be utilized to
assist with other neighborhood programs to the benefit of
residents within the Allentown community.
If you have any questions please feel free to contact
Maureen Oakley of our Department at ext. 4475 or Kathy
Toepfer who is the Executive Director of Allentown
Association at 881-1024.
Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 38
PERMISSION TO ACCEPT VARIOUS GRANTS
AWARDED TO
DEPARTMENT LISTED BELOW AND APPROVAL FOR
APPROPRIATE
INTERFUND CASH LOANS)
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See Attached Document in City Clerk's Office- Unable to
Scan.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 39
TEMPORARY APPT - MOTOR EQUIPMENT
MAINTENANCE SUPERVISOR I
In response to correspondence dated April 24, 2000; due to
the expiration of the Civil Service List for this position, the
announcement for the above named position was posted on
October 8., 1999 for the period of ten (10) business days per
the collective bargaining agreement between the City of
Buffalo and Local 264 members. Applications were received
and reviewed by the Department. According to the
specifications for this temporary appointment to the position
the most senior qualified candidate was chosen. This
individual is Motor Equipment Mechanic, David Botticello.
A photocopy of the original posting is enclosed with this
correspondence for your convenience.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
NO. 40
S.E.M.O. GRANT
The Disaster Preparedness Office has received a $24,000
grant from the NYS Emergency Management Office
(SEMO). These funds will be used to fund a pilot program for
Corporate Emergency Access, a program administered by
Business Network of Emergency Resources (BNET). Any
remaining funds will be used to advertise and support the
program.
If you have any further questions, please feel free to contact
me.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
NO. 41
REVIEW APPOINTMENT OF MEMBER TO
THE BOARD OF PARKING
C.C.P., 4/18/00, NO. I
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of April 26, 2000) that the following appointee to
the Board of Parking has no outstanding debts to the City:
Michelle Mazzone
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 42
REVIEW REAPPOINTMENT OF MEMBERS
TO THE BOARD OF PARKING
CCP., 4/18/00, NO. 2
The Corporation Counsel conferred with the
Division of Collections and reports (as verified by that
Division as of April 26, 2000) that the following appointees to
the Board of Parking have no outstanding debts to the City:
Catherine T. Wettlaufer
R. Maura Cohen
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
Page 21
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NO. 43
AMEND LEASE AGREEMENT
GRASSROOTS GARDENS OF BUFFALO
ITEM # 12, 5/2/95
In the above referenced item Your Honorable
Body authorized a lease agreement between the City of
Buffalo and Grassroots Gardens of Buffalo. The City of
Buffalo leases certain city owned vacant lots to Grassroots
Gardens for the purpose of combating community
deterioration by designing, developing, establishing and
supporting vegetable, fruit and/or flower gardens.
Grassroots Gardens has been assisting other
Community based non-profit organizations with the
designing and development of gardens in their areas.
Grassroots Gardens has requested that the lease be
amended to include the following city owned vacant lots:
ADDRESS SPONSOR
395 Vermont Connecticut St./ New West Village
Block Club
Contact: Suzanne Pilon
43 17th Street 14213
383 Massachusetts The Massachusetts Avenue Project
Contact: Diane Picard
378 Massachusetts 14213
607 Grant Grant Street Resident & Business
Coalition Block Club
Contact: Melanie Nowicki
205 Grant Street 14213
20 Orton Kleinhans Community Association
Contact: Chris Brown
34 Orton Place 14201
498 Northampton Community Action Information Center
Contact: Rosa Gibson
103 Wohlers 14208
526 Northampton Community Action Information Center
Contact: Rosa Gibson
103 Wohlers 14208
31 & 33 Shields New Faces Coming/Indiginous Women/
WSNHS
Contact: Chandra Maracle
I am recommending that Your Honorable Body
approve the request of Grassroots Gardens, Inc. to amend
the lease agreement to include the above properties. I am
further recommending that the Corporation Counsel prepare
the necessary documents to amend the lease agreement
and that the Mayor be authorized to execute the same.
Mrs. LoTempio Moved:
That the above communication from the
Commissioner of Community Development dated May 11,
2000, be received and filed; and
That the Commissioner of Community
Development be, and he hereby is authorized to amend the
lease agreement between the City and Grassroots Gardens,
Inc. to include the above properties. That the Corporation
Counsel prepare the necessary documents to amend the
lease agreement and that the Mayor execute the same.
Passed
AYES-13. NOES-0.
NO. 44
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD
PROGRAM COLD SPRINGS - 2000 NEW HOUSING
Page 22
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PROJECT HOME FUNDS - $650,000
Please note that this honorable body has received
a companion item for the approval of the allocation of Six
Hundred Fifty Thousand and 00/100 Dollars ($650,000.00);
Four Hundred Fifty Thousand and 00/100 Dollars ($450,000)
of HOME Funds to provide for eighteen (18) acquisition
subsidies, in the amount of Twenty-five thousand and 00/100
Dollars ($25,000.00) and One Hundred Thousand Dollars
($100,000.00) allocated for rehabilitation of existing home
within the Project Area.
All such funds shall be made available to families
with total household incomes not exceeding 80% of the area
medium income as approved by HUD. In addition to the
subsidies for new construction and existing structures the
balance of funds shall be utilized for development cost as
well as neighborhood improvements, including but not
limited to unforeseen site costs, sidewalks tree plantings,
neighborhood signage and related development costs.
Therefore, I respectfully request that the Common
Council approve the allocation of $650,000 in HOME funds
to the Buffalo Neighborhood Revitalization Corp, for the
previously stated HOME eligible expenses, to support the
Cold Springs 2000 project.
Mrs. Lotempio moved
That the Commissioner of Community Development
be and hereby is authorized to release $650,000 in HOME
funds to the Buffalo Neighborhood Revitalization Corporation
to support the Cold Springs 2000 project
Passed
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 45
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD
PROGRAM
REDEVELOPER DESIGNATION AND "LDA" APPROVAL
COLD SPRINGS - 2000 NEW HOUSING PROJECT
BURKE BROTHERS CONSTRUCTION, INC., (THE
"REDEVELOPER")
The Department of Community
Development has received a correspondence from Burke
Brother Construction, Inc. (the "Redeveloper") requesting
City of Buffalo's Common Council approval and designation
as the Redeveloper of eighteen (18) new housing units to be
constructed on vacant lots, currently owned by the City of
Buffalo, located in the Masten Council District; as set forth
on the attached property site list (the "Project Area").
The Redeveloper proposes the marketing and
construction of eighteen (18) detached single family housing
units receiving subsidies as well as market rate single family
housing units. Qualified new housing purchaser's shall be
afforded the opportunity of selecting a new housing unit from
the attached model Est. The proposed models shall be
marketed at base prices ranging from $79,900 (Lakeview) to
$ 102,600 (Angela).
In addition to the eighteen units receiving a
subsidy buildable lots located within the Project Area shall
be made available to parties not qualifying for the subsidies
in accordance with the income guidelines established by the
U.S. Department of Housing and Urban Development
("HUD") for the construction of a market rate housing units in
the Project Area. All new housing units will contain at least a
single garage.
Page 23
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Accordingly, attached is the proposed Contract for
Sale of Land For Private Redevelopment (the "LDA"), which
has been negotiated, for your approval together with the
appropriate Resolution authorizing the LDA.
Therefore, I respectfully request that the Common
Council approve the designation of Burke Brothers
Construction, Inc. and/or corporation, partnership, joint
venture and/or other legal entity to be formed thereby as the
Redeveloper as well as accept and approve the LDA and the
said resolution.
Mrs. LoTempio moved:
That the Common Council does hereby approve the
designation of Burke Brothers Construction Inc. and/or
corporation, partnership, joint venture and/or other legal
entity to be formed, thereby as the Redeveloper and does
hereby approve the Land Disposition Agreement, and
resolution for the Cold Springs-2000 New Housing Project,
subject to the rectification of problems identified in the
Ellicott District on the list provided by Councilmember
Williams.
Passed
Ayes-13. Noes-0.
NO. 46
FIFTH CHANGE IN CONTRACT 91994800 ALLENDALE
THEATER - INTERIOR RENOVATION - GENERAL
During the construction of the above project, certain items
that were unforeseen at the time the bids were let required
attention. Also the work on the adjacent building to be used
for dressing facilities is now able to proceed. Therefore, we
recommend that the following changes be made to Contract
91994800 with Gianadda Construction:
Bonds & Insurances for city funded work. Add $ 2,044
Masonry package as required by drawings. Add $20,305
Hardware as required. Add $ 2,900
Other general construction work required will be ordered and
paid for by the Theater of Youth, at no cost to the City of
Buffalo.
Contract Summary:
Original Contract Amount$279,888.00
Change Order No. 15,404.85
Change Order No. 213,823.25
Change Order No. 3123,613.00
Change Order No. 417,913.00
Change Order No. 5
(This Increase)25,249.00
New Contract Amount$465,891.10
These costs have been reviewed and approved by
Foit-Albert Associates, Project Architectural Consultants.
Funds for this extra work are available in Munis Org. Code
34640106.
I recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a
change order to Gianadda Construction, as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 11, 2000, be received
and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 5, to
Gianadda Construction, an increase in the amount of
$25,249.00, as more fully described in the above
communication, for work relating to Allendale Theater,
Page 24
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Interior Renovation, General. Funds for this project are
available in Munis Org. Code 34640106.
PASSED
AYES -13 NOES - 0
NO. 47
HOME FUNDS
674 WOODLAW
The developer has met all criteria outlined; i.e. current City
tax, County tax, and water bills before-after appraisals; copy
of mortgage/deed; contractor's work write-up; H.O.M.E.
Renta Rehab application.
Mr. Collier has been approved for a loan in the amount of
$11,500 at 4% for 15 years The monthly payment will be
$85.09.
OWNERS
Ms. Betty Collier, 674 Woodlawn, Buffalo, New York
BUDGET
$1,500 Soft Costs
$10,000 Construction
$11,500Total
The property is located near the intersection of Fillmore and
Woodlawn. The property I located adjacent to the Fillmore
Avenue Commercial Strip Development. There are two units
I this project, one owner occupied and one rented to low to
moderate income tenants.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Community Development dated May 11, 2000, be received
and filed; and
That the Commissioner of Community Development be, and
he hereby is authorized to release the amount of $11,500 of
HOME Funds at 4% for 15 years to Ms. Betty Collier for 674
Woodlawn.
PASSED
AYES -13 NOES - 0
NO. 48
INFO FISCAL YEAR 2000 CONSOLIDATED PROGRAM
SUBDIVISION
This letter is in response to your letter dated April 19, 2000
regarding the FY 2000 Consolidated Program Submission
and related annual "CAPER" report. The City s specifically
requests:
1.That the program year be changed from May first to July
first starting with year 26 Consolidated Plan submission (July
1, 2000).
2.That the City be approved for submitting an interim three
year Consolidated Plan in order that a new five year plan
can benefit from the 2000 census as that data becomes
available.
3.That the revised time table for submitting an interim
Consolidated Plan 2000 -2002 with Annual Action Plan for
July 1, 2000 - June 30, 2001 is as follows:
April 27 - May 30, 2000, Common Council Deliberates Over
Consolidated Plan Year 26 Budget.
June 1 - June 22, 2000, Preparation Of Final Draft
Consolidated Plan.
June 23 - July 24, 2000, Formal Public Review Of Plan.
July 25 - August 4, 2000, Final Interim Three Year
Consolidated Plan Is Prepared.
August 7, 2000, Submit Interim Three-Year Consolidated
Plan To HUD. Please note that this period is not in
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conformance with HUD requirements of plan delivery 45
days before start of program year
In successive years the schedule for submission will be as
follows:
August 1 - October 31, Application Process for Consolidated
Plan Funding. Includes Public Outreach, Public Hearing, and
End of October Deadline for Funding Application Requests.
December 1 - December 30, Common Council Review Of
Draft Consolidated Plan Document
February 1 - March 15, Common Council Deliberates Over
Draft Consolidated Plan Annual Budget.
March 16 - March 30, Prepare Draft Consolidated Plan and
Budget.
April 1 - April 30, Formal Public Review Of Draft Plan.
May 1 - May 14, Final Annual Consolidated Plan Is
Prepared.
May 15 Annual Consolidated Plan Is Submitted To HUD 45
Days Prior to Start of Program Year In Compliance With
HUD Requirements.
4.In conclusion, the City will comply with the delivery of an
acceptable annual performance report (CAPER) in
accordance with 24 CFR Part 91 of the Consolidated Plan
regulations. We anticipate that changing of the program year
start date will mean a change in the performance report July
30 deadline to September 30. Please advise.
If you have any questions regarding this letter, please
contact Chuck Thomas Division of Planning, Comprehensive
Planning Section at 851-4901.
RECEIVED AND FILED
NO. 49
RESTAURANT DANCING CLASS IV 386 AMHERST
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for Restaurant Dancing Class IV for Spanky's
located at 386 Amherst and find that as to form it is correct. I
have caused an investigation into the premises for which
said application for Restaurant Dancing Class IV is being
sought and according to the attached reports from the Fire
Department and the Building Inspector, I find it complies with
all regulations and other applicable laws. I have caused an
investigation by the Police Department into the moral
character of Richard J. Stoddard Jr. d/b/a Spanky's at 386
Amherst. This request is submitted for your consideration
and whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 50
RESTAURANT DANCING CLASS IV 2580 MAIN
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for Restaurant Dancing Class IV for Caffee's
Jazz Club located at 2580 Main and find that as to form it is
correct. I have caused an investigation into the premises for
which said application for Restaurant Dancing Class IV is
being sought and according to the attached reports from the
Fire Department and the Building Inspector, I find it complies
with all regulations and other applicable laws. I have caused
an investigation by the Police Department into the moral
character of Aubrey Caffee d/b/a Chaffee's Jazz Club at
2580 Main. This request is submitted for your consideration
and whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
Page 26
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NO. 51
RESULTS OF NEGOTIATIONS
1018 LAFAYETTE, 400.50' W MAIN
VACANT LOT: 48' X 235'
ASSESSED VALUATION: $7,400.
The Department of Community Development,
Division of In-Rem Properties, has received a request to
purchase 1018 Lafayette from Mr. Laurence W. Franz on
behalf of Canisius College, 2001 Main Street, Buffalo, New
York, 14208. Canisius College intends to use the property
for parking for the Delavan Townhouse Project.
The Department of Community Development and
the Division of Collections have no objection to the sale.
There are no building code violations, taxes or other liens
owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by Thomas P. Tighe of R. W. Bronstein, 3666
Main Street, Buffalo, New York 14226. He has estimated the
value of the parcel to be Fifteen Thousand Dollars ($15,000).
The Division of In-Rem Properties concurs with the
appraisers estimate of value.
The results of our negotiations are that Mr.
Laurence Franz of Canisius College has agreed and is
prepared to pay Fifteen Thousand Dollars ($15,000) for the
subject property. He has also agreed to pay for the cost of
the appraisal, transfer tax, recording fee's and cost of the
legal description.
I am recommending that Your Honorable Body
approve the sale of 1018 Lafayette to Canisius College for
Fifteen Thousand Dollars ($15,000). I am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mrs. Lotempio moved:
That the Commissioner of Community Development
be and he hereby is authorized to accept the offer of
$15,000 by Mr. Lawrence W. Franz on behalf of Canisius
College 2001 Main Street, Buffalo New York 14208 for the
Purchase of 1018 Lafayette;and
That the purchaser shall pay the cost of the appraisal,
transfer tax recording fees and the cost of the legal
descriptions, and
That the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be
authorized to execute the same.
Passed
Ayes-13. Noes-0.
NO. 52
RESULTS OF NEGOTIATIONS
188 ORANGE, 1171 S OF HIGH
VACANT LOT: 301 X 1001
ASSESSED VALUATION: $1,400
The Department of Community Development,
Division of In-Rem Properties, has received a request to
purchase 188 Orange Street from Mr. Cornell T. Baines, 182
Orange Street, Buffalo, New York 14204. Mr. Baines owns a
two family home at 182 Orange Street, which is adjoining to
188 Orange Street. His intentions are to use the property for
additional yard space.
The Department of Community Development and
Division of Collections have no objections to the sale. There
Page 27
00-0516.txt
are no outstanding taxes, building code violations, or other
liens owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by R. W. Bronstein of R.W. Bronstein
Corporation, 3666 Main Street, Buffalo, New York 14226. He
has estimated the value of the property to be One Thousand
Dollars ($1,000). The Division of In-Rem Properties concurs
with the appraisers estimate of value.
The results of our negotiations are that Mr. Cornell
Baines has agreed and is prepared to pay One Thousand
Dollars ($1,000) for the subject property. He has also agreed
to pay for the cost of the appraisal, transfer tax, recording
fees and cost of the legal description.
I am recommending that Your Honorable Body
approve the sale of 188 Orange Street in the amount of One
Thousand Dollars ($1,000). 1 am further recommending that
the Corporation Counsel prepare the necessary documents
for the transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 53
SECOND CHANGE IN CONTRACT 91995000
ALLENDALE THEATER INTERIOR RENOVATION -
ELECTRICAL
During the construction of the above project,
certain items that were unforeseen at the time the bids were
let required attention. Therefore, we recommend that the
following changes be made to Contract 91995000 with
Tunney Electric, Inc.:
1.) Supply and install eight wall sconce fixtures in main
theater area. Add $ 2,880.00
2.) Lower four smoke detectors in lobby area. Add 197.00
3.) Move strobes/AV's in the restrooms Add 168.00
4.) In lieu of the installation of the G25 globes, install an
additional circuit breaker, power and connection for the unit
No Charge
heater not shown on plans.
5.) Add two 3-way switches and wiring on the stage. Add
328.00
6.) A) Move the remote test switches and thermostat on
the mezzanine
B) Repair fire alarm conduit and wiring in restroom
area Add 420.00
7) Mount smoke heads, run power wiring, conduit and
interconnect for fire shutter doors. Test system and reset
Add 1,004.00
8.) Add six-3 pole breakers to DMX Panel and install addl
blank Plates in theater area. Add 881.00
9.) Add an additional DMX Subpanel and additional DMX
conduit. Add 1,125.00
10.) Install a 3-head floodlight over loading dock door. Add
150.00
11.) Install noise reducing pads under transformer, rewire
line and load circuits in transformer. Relocate light for sound
proofing wall and add additional "A" fixtures in Eaton
Building. 3,850.00
12.) Relocate a small load center to allow the installation of
more DMX panels. 190.00
Total Add $11.193.00
Contract Summary:
Original Contract Amount $ 86,910
Change order No. 1 $ 20,325
Page 28
00-0516.txt
Change Order No. 2 $ 11,193
New Contract Amount $118,428
Foit-Albert Associates, Project Architects have
reviewed and approved all of these costs. Funds for this
extra work are available in MUNIS 34640106.
I recommend that Your Honorable Body authorize
the Commissioner of Community Development to issue a
change order to Tunney Electric, Inc. as outlined above.
Mrs. LoTempio moved:
That the above communication from the
Commissioner of Community Development dated May 8,
2000, be received and filed; and
That the Commissioner of Community
Development be, and he hereby is authorized to issue
change order No. 2, to Tunney Electric, Inc., an increase in
the amount of $11,193, as more fully described in the above
communication, for work relating to Allendale Theater,
Interior Renovation, Electrical, Contract 91995000. Funds for
this project are available in Munis 34640106.
Passed
Ayes-13. Noes-0.
NO. 54
SECOND HAND DEALER 110 ELMWOOD
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 110
Elmwood 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 James Fisch. The attached thereto for James
Fisch d/b/a Eaton Galleries located at I 10 Elmwood. This
request is submitted for your approval or whatever action
you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 55
SECOND HAND DEALER 3139 BAILEY
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
3139 Bailey 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 Leonard Gower. The attached thereto
for Leonard Gower d/b/a Salvation Army Thrift Store located
at 3139 Bailey. This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 56
USED CAR DEALER
795 BAILEY
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
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00-0516.txt
application for a Used Car Dealer License located at 795
Bailey and find that as to form it is correct. I have cause an
investigation into the premises for which said application for
a Second Hand Dealer License is being sought an according
to the attached reports from the Zoning Office, Fire
Department and Building Inspector, I find it compliance with
all regulations and other applicable laws. I have caused and
investigation by the Police Department into the moral
character of David Baran. The attached thereto for David
Barau-an d/b/a Daved's Auto Center located at 79 Bailey.
This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 57
W. SILVAS -REQ. SUSPENSION TOO USE HARD PIPE
HVAC DUCTWORK HAMPTON INN PROJECTS
ITEM NO. 84 CCP 5/2/00
In response to the above stated Common Council
communication I wish to supply your Honorable Body with
the 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 are
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 of
a house. If this ductwork is installed in a manner that will
provide for protection from physical damage, we have no
objection to the installation of this product on this project. It is
my sincere hope that this response satisfies your inquiry.
RECEIVED AND FILED.
NO. 58
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 1, 2000 in the Department of
Community Development, Division of Inspections, Licenses
and Permits, to the Position of Building Plan Inspector,
Provisional, Appointment at the: Maximum Starting Salary of:
$ 42,533.
Mario Sirianni
694 Tacoma
Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 59
CERTIFICATE OF APPOINTMENT
Appointment Effective May 1, 2000 in the Department of
Community Development, Division of Inspections, Licenses
and Permits, to the Position of Electrical Inspector,
Permanent, Appointment, at the Intermediate Starting Salary
of. $ 38,204.
James P. Dunphy
156 Bloomfield Ave.
Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF STREET SANITATION
Page 30
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NO. 60
GRASS CUTTNG INVOICE TRANSFERS
In accordance with Chapter 341, Article I of the City
Ordinance, I am herewith attaching a list of parcels of land in
the City of Buffalo owners or persons having charge of such
lands and the cost of cutting grass, weeds on these
properties by the Department of Street Sanitation during the
months of June through October.
The Department of Street Sanitation is requesting that the
following invoices be abated and the Commissioner of
Assessment place the Charge(s) on the Local tax rolls.
1999 Total - $28,508.00
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 61
APPT.-PARKING ENF OFFICER (INTER) (A&F)
#65 CCP APR 18, 2000
Nicole L. Bongiovanni was selected from the Civil Service
list for this title. She started in a temporary capacity
September 7, 1998 replacing the permanent incumbent,
Lonny Laska, who was on a leave of absence while
attending the Police Academy.
The position became permanent when Lonny Laska was
appointed as a Police Officer. At that time we requested a
list of eligible candidates from Civil Service and appointed
Ms. Bongiovanni from that list.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 62
APPT LEGAL AIDE ADM ADJ
Appointment Effective May 3, 2000 in the
Department of Administration and Finance Division of
Administrative Adjudication to the Position of Legal Aide to
the Bureau of Administrative Adjudication
Provisional Appointment at the Maximum Starting Salary of $
27,048
Susan C. LoVallo, 12 Wellington Road, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 63
APPT PERSONNEL SPECIALIST I PROV. INTER
Appointment Effective April 25, 2000 in the Department of
Administration & Finance, Division of Civil Service to the
Position of Personnel Specialist I, Provisional Appointment
at the intermediate Salary of $34,151
Carolyn A. Lenczyk, 129 Walter St., Buffalo, NY 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 64
RESPONSE TO AUDIT - HSPR GOLF
IRRIGATION/SPRINKLER COST ESTIMATES
ITEM NO. 32, C.C.P. APRIL 4, 2000
Council has asked that I respond to the above-referenced
matter.
This item was not included in our Department's budget
request. Council asked me in March, to seek estimates for
the watering system for our golf courses.
The Department of Public Works responded to Council on
April 18, 2000, well beyond the deadline for Departmental
Page 31
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submissions to the Budget office.
Each Department is asked to submit a prioritized list of
projects to the Citizens Advisory Committee for their review
and recommendations to the Mayor. Our prioritized list did
not include a golf course watering system.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 65
PERMISSION TO ENTER INTO AN AGREEMENT -
BUFFALO OLMSTED PARKS CONSERVANCY
DELAWARE PARK DELI
ITEM NO. 67, C.C.P. APRIL 18, 2000
Council had previously authorized our Department to enter
into an agreement with Buffalo Olmsted Parks Conservancy
(B.O.P.C.) to operate the concession stand in Delaware
Park. The item before you is the actual negotiated contract.
As discussed previously, with Council, the successful
operation of Concession stands in the City of Buffalo has
become increasingly difficult. Potential bidders must bid high
to insure a successful bid and then return at the end of the
season for some sort of abatement because they can't make
the rent payment. Council will recall that the Deli at Delaware
concessionaires approached the Council for a full year's rent
abatement because of the baseball diamond construction.
The following year, they gave up the stand.
The B.O.P.C., a 501 C-3, not for profit corporation, made a
proposal to the City to run the stand at a $ 1.00 per year.
This plan was submitted and approved by the Council.
The B.O.P.C. is a partner with the City. Our combined
mission is to preserve, protect and restore Olmsted's legacy.
Any profits from the operation of the stand will become an
investment in our Park system.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BOARD OF EDUCATION
NO. 66
CORNERSTONE MANOR MEETING
I received your letter in regarding Cornerstone Manor
(Items #79 and #208) requesting a response by May 11,
2000. The Buffalo Public School staff has been working on
this issue since March.
There will be a meeting to discuss Cornerstone Manor on
Friday, May 19, 2000 in Room 702 City Hall.
Representatives from the Board, the State, the County and
Cornerstone Manor will be in attendance.
I would like to send a response to the Education Committee
after that meeting. I would also ask that the Committee
reschedule these items for a later date. Please advise.
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE BUFFALO MUNICIPAL HOUSING
AUTHORITY
NO. 67
APPROVAL OF MEMORANDUM OF AGREEMENT
BETWEEN BMHA AND LOCAL 17, INTERNATIONAL
UNION OF :OPERATING ENGINEERS
We respectfully request that your Honorable Body
consider and approve the attached Memorandum of
Agreement between the BMHA and Local 17, International
Union of Operating Engineers, Boiler Plant Personnel.
The Memorandum of Agreement amends the existing
contract between the parties and provides a successor
Page 32
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Agreement for the period July 1, 1998 through June 30,
2002. Acceptance of the Contract was reached after a
prolonged period of negotiations between the parties.
The Agreement reflects a 3% (three percent) or $1,200
increase in salary effective July 1, 1998, a 3% (three
percent) or $1,200 increase in base salary effective July 1,
1999, a 3% increase in base salary effective July 1, 2000
and a 3% increase in base salary effective July 1, 2001.
The Board of Commissioners of the Authority approved the
attached Memorandum of Agreement at their regular Board
Meeting of April 20, 2000. A certified extract of the minutes
of this meeting is attached.
In addition to the wage adjustments, the following are the
highlights of the negotiated Agreements:
WAGES
07/01/98 - 3% OR $1200.00 increase (Retroactive effective
7/l/98) 07/01/99 - 3% or $1200.00 increase (Retroactive
effective 7/l/99) 07/01/00 - 3% increase (Effective 7/l/00)
07/01/01 - 3% increase (Effective 7/1/01)
SAFETY SHOES & WORK CLOTHING
Retroactive to 7/l/98 - $100.00 for uniform & shoe allowance.
Retroactive to 7/l/99 - $100.00 for uniform & shoe allowance.
Effective 7/l/00 - $85.00 for purchase of steel toe safety
shoes. $100.00 for start-up uniform and $100.00 uniform
allowance. Effective 7/l/01 - $100.00 for uniform purchase &
$85.00 for steel toe safety shoes.
The above stated amounts for work clothing & safety shoes
shall continue each subsequent year thereafter.
SHIFT DIFFERENTIAL
Junior Housing Project Engineers & Senior Housing Project
Engineers shall receive a shift differential of $30 differential
for any shift other than the day shift.
SICK LEAVE BANK
Any member who voluntarily leaves the sick bank shall not
be allowed to rejoin for 3 years. To rejoin Must pay the
required 3 day entry
PERFECT ATTENDANCE
Employees with perfect attendance from 9/15 through 5/31
shall receive 5 days pay beginning 9/15/99.
ON-CALL PAY
Chief & Assistant Chiefs shall receive 4 hours pay at straight
time rate per week they are on-call. On-call duty shall be-
assigned on a rotating basis, 24 hours a day 7 days a week.
If required to work on site, 4 hours pay at overtime rate will
be paid.
HOURS OF WORK
Chiefs & Assistant Chiefs hours are Monday through Friday
8 AM - 4 PM.
SHIFTS
Assistant Chief shall cover shift in absence of a Senior
Engineer only at district to which the Assistant Chief is
assigned for no more than 3 days in any period.
VACATION
Chiefs & Assistant Chiefs shall be allowed 2 weeks vacation
during heating season.
METHOD OF RECALL PROCEDURE
Remove transferred from language.
TRANSFERS
For transfers of less than 2 weeks, employees may be
assigned to other sites without the 5 day notice as long as it
does not interfere with their shift, days of work or days off.
MEDICAL HEALTH BENEFITS
Employees hired after January 1, 2001 shall contribute
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$80.00 per month for family coverage or $40.00 per month
for single coverage.
If this Memorandum of Agreement is approved by your
Honorable Body and the Mayor, it must then be submitted to
the New York State Division of Housing and Community
Renewal for their consideration and concurrence.
The New York State Division of Housing and Community
Renewal requires that your approval of these items include a
specific acknowledgment that the operating costs of the
Authority's State sponsored Public Housing Progran-4 may
incur increases that the City of Buffalo under the loan and
subsidy contract must fund in addition to any deficit the
Authority may incur in its State sponsored operation.
It is anticipated that the net dollar costs of this Agreement
including salary schedules for approximately 29 BMHA
employees would total approximately $189,410 for four
years. The State portion for the four year period would total
approximately $32,200.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 68
STATE ECONOMIC DEVELOPMENT ZONES
The BERC has continually petitioned for and made
numerous inquiries at meetings and via telephone to the
State regarding the potential for increasing the size or
adding an additional zone within the City of Buffalo.
Recently, a joint request from the Mayor, Council President
and Council Majority Leader was submitted to the State
regarding this request (attached). The State has continually
indicated that existing EDZ's cannot be expanded and has
only recently, based on our inquiries, indicated to the BERC
that more than one zone per city would be allowed (with the
exception of New York City). New zones must be included in
the State budget legislation; no new zones have been added
in the last two- (2) years. Six (6) new zones are included in
this year's State budget legislation and the State has
indicated that we are eligible to submit an application for a
new zone this year.
The State required reporting form for EDZ certified
companies (attached) does not request information on the
residency or ethnic background of employees. However, we
are in the process of sending letters to all EDZ certified
companies in the City of Buffalo requesting this information.
The following companies have received Workforce
Development Grants from the BERC:
1.Pallet Pallet, Inc. Total workforce: 45; City residents: 33;
Minority employees: 65%; Low-tomoderate income
employees: 100%
2. Digicon. Total workforce: 85; City residents: 27.
Attached for your information are:
1. . A list of M/WBE companies with EDZ certification.
2. A complete list of all EDZ companies certified in the City
of Buffalo and the pertinent information they are required to
submit. The Council District is not required by the State; the
EDZ Coordinator has begun the process of compiling and
recording this information to provide to the Common Council.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
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NO. 69
"ADELPHIA DISCOUNT - SENIOR CITIZEN DISCOUNT"
RESOLUTION # 2KP CCP MAY 2, 2000
This office concurs with the sentiments expressed in the
aforementioned resolution about the Adelphia requirement
that people who are requesting the senior citizen discount
must apply in person at an Adelphia office. We have also
asked Adelphia to change their policy to allow for some
accomodation for people who have a physical handicap or
some other problem with mobility, and company officials
have informed us that they will do so.
We have also requested that Adelphia increase its efforts to
inform the public about the availability of this discount,
through a bill insert and/or a spot that would be broadcast on
the cable system. Again, company officials said that they will
make such an effort.
REFERRED TO THE SPECIAL CMMITTEE ON
TELECOMMUNICATIONS
NO. 70
DISPOSITION OF RECORDS
Attached please find the following disposition of records from
the following departments:
City Clerk
Assessment
Senior Citizens
Streets
RECEIVED AND FILED
NO. 71
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance
submitted for the following individuals in the various
departments listed below:
Donna Gerst-Lentini, HSPR
RECEIVED AND FILED.
NO. 72
LIQUOR LICENSE APPLICATIONS
ADDRESSBUSINESSOWNER
16 Allen StJoey's on AllenGail A.
King
389 Forest StDaloisio EntAndrew
Daloisio
2127 Genesee St2127 Genesee StWilliam
Lauen
643 Main StBijou GrilleMCM
Tropheys
RECEIVED AND FILED
NO. 73
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:
ComptrollerJohn Rine
PoliceGwendolyn Williams
Deborah Daniel
Community Development-Timothy Keenan
Michael Dickman
Robert Katilus
RECEIVED AND FILED.
Page 35
00-0516.txt
NO. 74
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:
Ethics
X Buffalo Sewer Authority
X City Planning Board
RECEIVED AND FILED.
NO. 75
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to
the position of Council Intern.
ADOPTED.
Appointment Effective: April 24, 2000 in the Department of
Common Council Division of to the Position of Intern IV
Seasonal Non-Competitive at the: Flat Starting Salary of $
8.00/hr
Darien Pratchett, 213 Mills Street, Buffalo, NY 14211
Appointment Effective: April 27, 2000 in the Department of
Common Council Division of to the Position of Intern IV
Seasonal Non-Competitive at the: Flat Starting Salary of $
8.00/hr
Patrica Doctor, 354 Parkridge, Buffalo, NY 14215
Appointment Effective: April 24, 2000 in the Department of
Common Council Division of to the Position of Intern V
Seasonal Non-Competitive at the: Flat Starting Salary of
$10.00
Janate S. Ingram, 346 Guilford Street, Buffalo, NY 14211
Irma E. Lorenzo, 21 Centennial Walk, Buffalo, NY 14201
Appointment Effective: April 24, 2000 in the Department of
Common Council Division of to the Position of Intern III
Seasonal Non-Competitive at the: Flat Starting Salary of $
6.00/hr
Amina R. Zinnerman, 53 Marigold, Buffalo, NY 14215
NO. 76
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
DEPARTMENT OF ASSESSMENT
Appointment Effective May 9, 2000 in the Department of
Assessment to the Position of Clerk Seasonal Appointment
at the Flat Starting Salary of $5.20/hour
Patricia A. Baudo, 30 Cunard Road, Buffalo, NY 14216
Joseph M. Baudo, 30 Cunard Road, Buffalo, NY 14216
DEPARTMENT OF HUMAN SERVICES
Appointment Effective May 5, 2000 in the
Department Of Human services, Division of Parks to the
Position of Fee Collector Seasonal Non competitive at the
FLat Starting Salary of: $5.15/hr
Stephen Scanlon,57 Mariemont, Buffalo, NY 14220
Raymond Wilson, 58b Dundee, Buffalo, NY 14220
Appointment Effective April 28, 2000 in the
Department Of Human services, Division of Parks to the
Position of Fee Collector Seasonal Non competitive at the
FLat Starting Salary of: $5.15/hr
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Robert Fay, 12 Augusta Street, Buffalo 14220
Neil McKeague, 417 McKinley Pkwy. Buffalo 14220
Daniel Wachowicz, 81 Barnard, Buffalo 14206
Appointment Effective: May 2,2000 in the Department of
Human Services Division of Parks to the Position of Laborer
II, Seasonal, Non competitive at the flat starting salary of
$6.92/hr
Michael Wachowicz, 147 Barnard, Buffalo 14206
DEPARTMENT OF PUBLIC WORKS
Appointment Effective May 9, 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/hour
Brian Bruyee, 391 Hewitt Avenue, Buffalo 14215
on tor the
Appointment Effective: May 3, 2000 in the
Department of public Works Division of Engineering to the
Position of Laborer I Seasonal Non-competitive at the Flat
starting Salary Starting Salary of $6.22/hr
James Dempsey, 190 Meloose St., Buffalo, NY 14210
James LaGrand, 48 Glenwood Ave., Buffalo, NY 14208
DEPARTMENT OF STADIUM & AUD
Appointment Effective 5/8/00 in the Departmentof
49-Stadium and Auditorium Division of 1-Dunn Tire Park
to the Position of Laborer I
Seasonal Non-Competitive at the Flat Starting Salary of:
$6.22
Wanda Barnes, 115 Pooley Place, Buffalo, 14213
Edna LaBoy, -[:517 Fourth Street, :Buffalo, 14201
DEPARTMENT OF STREET SANITATION
Appointment Effective May 3, 2000, in the Department of
Street Sanitation to the Position of Seasonal Laborer II
Seasonal Non-Competitive at the Flat Starting Salary of
$6.92
George F. Barnes, 504 Norfolk, Buffalo, NY 14215
Appointment Effective May 8, 2000, in the Department of
Street Sanitation to the Position of Seasonal Laborer II
Seasonal Non-Competitive at the Flat Starting Salary of
$6.92
Anthony L. Brown, 114 Bennett Village Terrace, Buffalo, NY
14214
NO. 77
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT AND CONTROL
Appointment effective May 8, 2000 in the Department of
AUDIT AND CONTROL, Division of DATA PROCESSING to
the Position of COMPUTER OPERATOR, Permanent at the
minimum Starting Salary of: $30246
JOHN RINE, 1130 WEST AVE, BUFFALO, NY 14213
DEPARTMENT OF FIRE
Appointment effective May 1, 2000 in the department of
Fire Division of Communication to the position of Emergency
Services Fire Dispatcher permanent Non-Competitive
Appointment at the Starting salary of $25,146
Susan Sumbrurn, 19 Rutland, Buffalo, 14220
Alison Wilson, 328 Dewey Avenue, Buffalo, 14214
Page 37
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Laura Kazmierczak, 42 Brisco Avenue, Buffalo, 14211
Lynda Hughes-Davis, 344 Hewitt Avenue, Buffalo, 14215
Mary Sterlace, 41 Kimberly Street, Buffalo, 14220
Sherry Sapar, 114 Alabama Stret, Buffalo, 14204
DEPARTMENT OF HUMAN SERVICES
Appointment Effective: May 9, 2000, in the Department of
Human Services, Parks and Recreation, Division of Youth to
the Position of Community service Liaison, Provisional at the
Starting Salary of $ 18,500.00l
Carmen Torres, 397 Military Road, Buffalo, 14207
DEPARTMENT OF LAW
Appointment effective 2/28/00 to the position of Assistant
Corporation Counsel II, Temporary Non-Competitive at the
minimum Starting Salary of $51,524.00
Craig D. Hannah, 351 Winslow Avenue. Apt. #2, Buffalo,
NY 14211
DEPARTMENT OF POLICE
Appointment Effective: May 10, 2000in the Department
of Police to the Position of: Cellblock Attendant Contingent
Permanent Appointment at the Minimum Starting Salary of $
24,331
Joseph L. Oroszi, 68 Turner Avenue, Buffalo, New York
14220
Appointment Effective May 8, 2000, in the Department of
Police To the Position of Crossing Guard Temporary
Non-Competitive at the Minimum Starting Salary of 6.09/hr
Brandy Esford, 60 Strathwre Ave., Buffalo, NY 14220
DEPARTMENT OF PUBLIC WORKS
Appointment Effective: May 8, 2000 in the Department of
Public works Division of Engineering to the Position of
Engineering Inspector Provisional Appointment at the
Minimum
Jeffrey Zirnheld, 655 Amherst 8t., Buffalo, NY 14207
NO. 78
APPOINTMENTS-TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per
contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
AMENDED FORM
Appointment Effective May 8, 2000 in the Department of
AUDIT AND CONTROL, Division of DATA PROCESSING to
the Position of COMPUTER OPERATOR PROVISIONAL at
the MINIMUM Starting Salary of $30246
JOHN RINE, 1130 WEST AVE, BUFFALO, NY 14213
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 79
RESPONSE SR CITIZEN DISCOUNT ON CABLE TV
Dear Adelphia Customer!
Thank you for your recent telephone inquiry regarding our
new Senior Citizen 20% Discount. Enclosed you will find all
the necessary information to apply for the discount.
To qualify for the discount you must:
1% Be 65 years or older
Be the head of the household in an Adelphia Cable area
Your gross annual combined household income must not
exceed $12,000 per year
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To apply for the Senior Citizen 20 % Discount, please mail
the. following information to one of our local Adelphia offices
listed below.
Proof of age (examples: drivers license, birth certificate, or
senior citizen I.D. with picture)
Proof of residency (example: deed, lease, utility bill)
Proof of income (example: income tax return or 1099 tax
return, social security
disability -statement or supplemental social security income
statement, or social services benefit statement or award
letter.
If you have any questions regarding the discount please call
us at 827-9444 and our Customer Service Representatives
will be happy to help you.
Adelphia Office Locations
Amherst Angola Buffalo
978 Maple Road 8535 Erie Road 355 Chicago Street
East Aurora Lancaster Orchard Park
1841 Lapham 1700 Commerce Pkwy 4211 North Buffalo
Street West Seneca
789 Indian Church Road
REFERRED TO THE SPECIAL COMMITTEE
ONTELECOMMUNICATIONS
NO. 80
ERIE COUNTY LEGISLATURE
SUPPORT EXCALIBUR LEISURE SKILLS CENTER INC
I am pleased to support Excalibur Leisure Skills
Center, Inc. in their participation of the Buffalo Inner Harbour
Waterfront Project. Excalibur Leisure Skills Center, Inc. is a
charitable organization that provides waterfront access to the
disabled and disadvantaged residents of our area.
It is important that free and open handicapped public access
to the lake not be compromised.
Thank you for your consideration in this matter.
RECEIVED AND FILED
NO. 81
EMPIRE STATE DEVELOPMENT
DSEIS-INNER HARBOR DEV PROJECT
I am hereby transmitting, for filing in your office, five
copies of the Draft Supplemental Environmental Impact
Statement (DSEIS) for the Buffalo Inner Harbor
Development Project.
The DSEIS was prepared pursuant to the National
Environmental Policy Act (NEPA) Pursuant to: The National
Environmental Policy Act (NEPA) of 1969 as amended, 42
USC 4332(2)(C); the regulations of the Council on
Environmental Quality (CEQ), 40 CFR 15001508; National
Historic Preservation Act of 1966, 16 U.S.C. 470(f); Section
4(f) of the Department of Transportation Act of 1966, as
amended, and the regulations implementing such statutes as
modified by the orders of William M. Skretny, United States
District Judge for the Western District of New York, dated
March 31, 2000 and April 11, 2000.
The Federal Transit Administration (FTA), as lead agency
under NEPA, filed the DSEIS with the U.S. Environmental
Protection Agency (EPA) and has initiated a condensed
public comment period from May 10, 2000 to May 31, 2000
pursuant to the aforementioned court orders.
A public hearing on the DSEIS will be held by the FTA at the
Erie Community College City Campus on May 24, 2000 from
7:00 - 9:00 PM. The attached public information flyer
Page 39
00-0516.txt
includes details of what's available for review and
information on the public hearing.
Sincerely,
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL
NO. 82
B. GRANT VANDALISM IN THE UNIVERSITY DISTRICT
Dear Councilwoman Grant,
My name is Joseph DiVincenzo and I have been the
business owner of Broadway Joes Bar 3051 Main Street for
26 years. In the last two years there has been continuous
vandalism around the corner of the bar on LaSalle Ave. In
the last twelve months the vandalism has increased to
unacceptable proportions. Windows have been smashed,
and tires are being slashed on Tuesday, Thursday, Friday,
and Saturday nights. This now happens on the average of
every other week. The exact times are not known, but we
estimate between 12:00 and 4:OOAM. There have been
over 40 incidents this year alone we appreciate what our
representatives and police have been doing all along. These
problems are not only punishing many innocent victims but
they now are impacting my business. I would like to see a
police presence established, perhaps a parked police car on
LaSalle Avenue. They could wait for other police calls from
that point. This would establish a police presence in order to
discourage vandals.
Thank you for any consideration in this serious matter.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION ,THE COMMISSIONER OF POLICE
AND THE CORPORATION COUNSEL
NO. 83
REQUEST TO WAIVE BUILDING PERMIT FEE AND
ELECTRICAL PERMIT FEE
Dear Mr. Michaux:
Work on Shea's Performing Arts Center's Pearl Street
fagade restoration and electrical upgrades is about to
commence. In order to keep this project within budget, it is
respectfully requested that the Common Council waive the
building permit fee and electrical permit fee. Please be
advised that we are requesting that only the fee be waived.
All permits will be obtained. The permit fees are estimated to
total approximately $20,000.00.
Thank you for your consideration.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 84
LACK OF INFO BUDGET PROCESS
Dear Council President Pitts:
I write regarding the ongoing budget process.
I am deeply concerned about the lack of information given to
the Council on the proposed budget. As someone who has
worked in both the County Legislature and the New York
State Assembly, I have been involved, at least tangentially,
in budget processes. Legislatures at both the county and the
state level are provided much more materials than we have
been provided.
I am not certain how to best address these concerns. As our
leader, I wanted you to understand my disappointment and
concern. Hopefully, with your wisdom we can at least make
this year's budget process the exception and, in the future,
reform our internal issues.
Page 40
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Thank you for your attention.
RECEIVED AND FILED
NO. 85
SUPPORT ADOPTION OF BUFFALO ARTS COMMISSION
Dear Common Council Member:
We, the City of Buffalo cultural community, request that
you,
members of the Common Council, adopt the Buffalo Arts
Commissioner and Cultural Funding Advisory Committee
recommendations for the 2000/2001 fiscal year as a
minimum. Their recommendations, which total
$1,051,600, accurately represent not only the financial
need of Buffalo's cultural agencies, but also the quality and
effectiveness of the services a programs offered to the
residents of our city. Buffalo's arts and cultural organizations,
most of which are recognized nationally and several
Internationally, have a positive affect on Buffalo In several
ways:
*They expand and enrich the education of our children.
*They contribute to the stabilization of our communities.
*They offer performances and exhibitions which generate
large
sources of income the city by attracting highly sought after
tourism dollars.
*They brighten Buffalo's visibility, with highly recognized arts
and
culture programs.
*They circulate the funds they receive back Into the
community. Our organizations patronize local printing
companies for everything from handbills, to posters and
programs. They also patronize local lum9er suppliers to build
stages and sets, restaurants and catering services for
Nening receptions, office supply stores, hotels and car rental
agencies, photographers and more. The estimated Impact
the arts have on our fast Inn region Is over $100,000,000.
We look to the Common Council to express confidence In
the recommendations of the Funding Committee by
accepting its recommendations as a minimum and positively
enhancing the quality of life within our city.
Sincerely,
Lorna Hill
RECEIVED AND FILED
NO. 86
AMERICAN BROADBAND-APPLYING COMPETITIVE
CABLE TV FRANCHISE
Dear Mr. Tarapacki
American Broadband, Inc. is an emerging communications
company focused on providing facilities based,
next-generation broadband communications and media
services to residential and business customers in
communities like yours. As president of American
Broadband, Inc.(ABI), I am taking this opportunity to
introduce myself and my company to you and to initiate the
process of applying for a competitive cable television
franchise in Buffalo.
As you may know, it is just recently, as ABI and others have
begun establishing networks capable of providing a full suite
of broadband services, that the opportunity for local officials
to bring real competition to their community has materialized.
American Broadband intends to offer consumers a
competitive choice for their cable television, Internet access
Page 41
00-0516.txt
and local and long distance telephone services. It will also
mark the transition to the next generation of digital
broadband applications and services made possible by the
convergence of information, media and telecommunications
networks.
Attached is a more detailed description of our company and
the network and services American Broadband will be
offering.
I would appreciate it if you could provide us with any
information, documents or forms we might need, as well as a
description of the procedures we need to follow, to submit an
application to the City of Buffalo for a competitive cable
television franchise. It would also aid us in the preparation of
an application if you could provide us with copies of the
City's existing cable television franchise agreement with
Buffalo, their current rate card and channel line-up, and any
other City ordinances or regulations that effect
facilities-based providers of cable and telecommunications
services.
Our goal is to become the premier provider of broadband
services to the medium size markets across the country. Our
combination of industry knowledge, operating experience
and strategic financial partners will allow us to attain our
goal, and to bring the most sophisticated network
technologies and services to your community. Not only will
local residents experience the many benefits of a
competitive telecommunications marketplace, but ABI's
network and services will foster economic development and
ensure that no city or region in the country has a more
sophisticated telecommunications infrastructure. As we enter
the 21st century, there may be no more important factor in
maintaining a healthy economy and attracting new
employment opportunities to your community.
I will contact you in the next few days to follow up on this
letter and to answer any questions you might have regarding
this exciting new opportunity to bring competition, choice and
new broadband services to the residents and businesses in
your community.
In the meantime, if you have any questions, please do not
hesitate to contact me at 781-505-9820.
I look forward to pursuing your possible interest in the
services American Broadband can bring to Buffalo.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 87
S HOYT INTRODUCE LEGISLATION CHANGING
RESIDENCY WAIVER FOR POLICE & FIRE DEPT
EMPLOYEE
I know there has been a renewed discussion about the need
for residency requirements for city employees. I simply
wanted to remind you of my strong support of this issue, as
evidenced by the attached press release.
I look forward to working with you on this and other important
ways we can work together to improve our great city.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 88
HUD INFO ABOUT PROGRAMS
This correspondence provides the information requested
by various members of the Buffalo Common Council during
the meeting held on March 29, 2000.
On April 6, 2000, Michele Bernier hand delivered twelve
Page 42
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copies of the model Asset Control Agreement and HUD's
SuperNOFA guidebook; one for each member of the
Council.
Enclosed with this letter is an exhibit which provides the
contact points for each type of complaint that might occur
with regards to RUD's Real Estate Owned (REO) Properties.
As mentioned during the meeting, HUD contracts with First
Preston Foreclosure Specialists to manage the maintenance
and marketing of all of HUD's REO Properties. First Preston
has corporate, regional and local offices we work with, as
follows:
CORPORATEREGIONAL OFFICE:LOCAL
OFFICE
OFFICES:Nancy Kay(MAINTENANCE
Nancy RichardsRegional District DirectorONLY)
Chief Exec OfficerFirst Preston Terry LaSalle
First Preston475 Sentry Pkwy suite First Preston
5040 Addison Circle, 4th50004560 Bailey Avenue
Floor Blue Bell, PA 19422 Amherst, NY 14226
Addison, TX 75001484-530-1905 or 0700 716-833-5850
972-419-5401
To perform the duties under its M&M Contract, First Preston
subcontracts with many local businesses to perform such
work as lawn maintenance, snow plowing, clean out and
board ups, general home improvement, demolition services,
and marketing. The list of these contractors varies
depending on the season, performance and capacity to
handle the workload. In addition, both HUD and First Preston
hire 'inspectors to perform initial, ongoing and supervisory
inspections throughout the period HUD has title to the
property. For instance, First Preston orders the initial
inspection to determine the degree of work and clean out
needed to properly secure the(property. In addition, this
inspection can also be used to provide input on the condition
of the property to determine it's marketability. HUD staff
could also be required to perform an inspection of any given
property a, a way of supervising First Preston's performance.
HUD and First Preston also hire independent contractors to
perform additional supervisory and quality control
inspections. Again, often these contractors change due to
capacity and performance. Therefore, we cannot provide the
names of the many subcontractors and inspectors
because they may change at any given time. As a means of
monitoring the individuals with access to HUD's properties,
and included as a condition of HUD's contract with First
Preston, HUD requires a sign-in log sheet t be maintained at
the entrance of each property- This record allows HUD and
First Preston to monitor the subcontractors, real estate
brokers, HUD staff and others that have been in the
property. Therefore, if you need to know who might be
working in a specific area or had access to a given property
at a specific point in time, you can contact the local First
Preston office to have them check the sign-in log sheet.
Through the recent quarterly meetings we have been holding
with city officials, community organizations and local elected
officials we understand the emphasis the City's Consolidated
Plan has on managing and demolishing vacant properties.
To this end we have identified four ways the City can either
control or access I-IUD's REO inventory to meet the needs
of each neighborhood. Following is a description of each
method:
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Asset Control Agreement (ACA) - An ACA is an
agreement between HUD and the City which can identify
specific neighborhoods, down to the street level, that will be
targeted for control. In the targeted areas, the City would
agree to accept all REO property that comes into the area.
The City must purchase the properties that come into the
inventory during the term of the ACA. The purchase price is
dependent upon the degree and cost of rehabilitation
needed to bring the property's condition to code. Or, should
the cost of rehabilitation be prohibitive, the City could
recommend to HUD that the property be demolished at
FRJD's expense and the property's purchase price be
adjusted accordingly. The benefits of the ACA are the ability
of the City to control all HUD's REO properties in a targeted
area. Such an agreement can be used effectively where the
City has already targeted major housing initiatives or has
interest in establishing a wide scale housing rehabilitation or
first-time homebuyers program. Also, this agreement
guarantees the City possession of all properties in a targeted
area without competition.
Good Neighbors Initiative - This is a new initiative that was
implemented today, May 1, 2000. Enclosed is information
that describes how local governments can use the programs
along with a list of eligible properties. This information is
available on HUD's website at www.hud.gov. Basically, this
program allows local governments to purchase REO
properties for $1 that have been for sale by HUD for over six
months. The local governments would then use the
properties for local housing rehabilitation initiatives, first-time
homebuyer programs, sell them or recommend them for
demolition. If demolition is warranted, FIUD would pay for
the cost of demolition. As this initiative is implemented, I'm
sure there will be more information and properties available.
We would be happy to work with city officials, as we have in
the past, on training their staff on how to access these
properties through our automated systems on the HUD
website.
HUD's REO Acquisition Program - RM's REO properties
are continuously for sale to local governments, non-profit
organizations, investors and the public. Under this basic
acquisition program, local governments can register with
HUD to obtain first bidding rights on properties in specific
areas identified by the City, The local government's
application would register the designated areas of interest by
zip code. The Department will then hold all future
uninsurable properties it receives in the designated areas for
five days, during which registered cities or non-profits can
reserve them. If more than one entity indicates a desire to
reserve a property, a lottery i~ then held to select the
potential buyer. The price for these properties is set at the
appraised value minus any applicable discounts. The
advantage of this method is that it allows the City to "pick
and choose" which areas to target and specifically which
properties to acquire on a case-by-case basis.
City of Buffalo $5,000 Threshold - Recently HUD and the
City noticed that certain out-of-state investors were
purchasing 8 to 12 properties at a time, each with a list price
ranging from $188 to little more than $2,000. The City
alleges that these potential investors may only be interested
in salvaging the properties with no further plans for
renovation. Due to this disturbing trend, HUD has instructed
First Preston to take all properties with a list price of $5,000
or less off the market until they can be reevaluated for their
Page 44
00-0516.txt
marketability. For those properties with no redeeming value,
HUD will demolish them and offer the vacant properties for
sale. For those properties determined to be marketable,
ITUD will list them for sale.
As you can see, each of the four methods described above
includes a demolition component. The Department is
confident that we can meet the needs of the City through this
combination of programs. In addition, we know the City's
housing plans and special first-time homebuyer initiatives
can benefit by them as well Through our regularly scheduled
quarterly meetings and other special meetings we hold with
City Officials we can work closely to ensure that HUD's
programs achieve the desired affects. The next quarterly
meeting will be scheduled for the latter part of May, 2000.
We will include all the members of the Council in our
notification of the meeting.
Contact me at 551-5733 if any of this information needs
clarification or if additional questions arise.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 89
BAILY AMHERST DISTRICT MGMT ASSOC 2000-2001
BUDGET
I am enclosing the Bailey-Amherst District Management
Association 2000-2001 Budget to be submitted to the next
Common Council meeting, as required under this District's
tax district agreement with the City of Buffalo.
Please feel free to contact me if there are any questions.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 90
SEQR NEW CONVENTION CENTER
STATE ENVIRONMENTAL QUALITY REVIEW
POSITIVE DECLARATION
DETERMINATION OF SIGNIFICANCE
NOTICE OF INTENT TO PREPARE A DRAFT EIS
This notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the NYS
Environmental Conservation Law.
Date: April 25, 2000
TO: INVOLVED AGENCIES:
LEAD AGENCY: Erie County Department of Public Works
NAME OF ACTION: New Buffalo Convention Center
LOCATION: Main Street, between Huron Street and
Broadway
City of Buffalo, Erie County
SEQR STATUS: Type I
PROJECT NUMBER: C617-00-193
DESCRIPTION OF ACTION:
Construction of a new 400,000 gross square foot convention
center (with a 125,000 square foot main exhibit hall) on an
-acre site in downtown Buffalo, New York. The site is
generally bounded by Main Street on the west, Huron Street
on the north, Elm Street on the east, and Broadway on the
south. Included in the action is the construction of a
minimum 1250-space parking facility within the boundaries
of the site.
Reasons for Supporting this Determination:
Impact on Land
The proposed action will require the acquisition of up to 64
parcels, most of which contain buildings varying from I to 6
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stories in height. Demolition of these buildings would be
required.
In addition, an existing 600-car parking ramp would be
demolished, and a minimum of 1250 parking spaces would
be incorporated into the convention center building program.
Impact on Aesthetic Resources
The proposed action would require the demolition of
numerous existing buildings, and the construction of a
contemporary structure. Existing streetscapes would be
altered.
Impact on Historic and Archaeological Resources
The proposed action is near Shea's Buffalo Theater, a
building listed on the National Register of Historic Places. It
is also near several sites and districts eligible for listing on
the Register, including the Niagara Mohawk Building, Buffalo
Savings Bank, Bergers Building, Brisbane Building,
Lafayette Hotel, Soldiers and Sailors Monument in Lafayette
Square, Market Arcade and Theater Historic District.
In addition, downtown Buffalo in general has the potential to
contain potentially-significant archaeological and cultural
resources.
Impact on Transportation
The proposed action includes the restoration of vehicular
traffic on Mohawk Street between Pearl and Washington
Streets, and the closing of Mohawk Street between
Washington and Ellicott Streets.
Impact on Community Growth and Character
The proposed action is anticipated to result in the direct
creation of 100 full-time jobs, and is expected to indirectly
impact job creation in hotel, restaurant, retail, and
tourist-service sectors.
Occupants of existing buildings to be acquired and
demolished will be affected by the proposed action.
Relocation of these occupants will be required. Attempts will
be made to relocate these occupants in downtown Buffalo as
much as possible.
This decision has been determined by the Erie County
Department of Public Works on April 25, 2000. All facts and
findings of this review are on file at the Department of
Environment and Planning, 10th Floor, Rath Building, 95
Franklin Street, Buffalo, NY 14202. These files may be
examined by the public between the hours of 9:30 a.m. and
4:30 p.m. of any normal operating day.
Written comments may be submitted to the Review
Coordinator the same address.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 91
LEASE AGREEMENT CITY & BROADWAY MARKET
MNGT 999 BROADWAY
Lease Agreement dated June 9, 1998 by and
between City of Buffalo and Broadway Market Management
Corp. relating to the property at 999 Broadway, Buffalo, New
York (the "Lease Agreement")
Our File COR0137
Please be advised that the undersigned is counsel to the
Broadway Market Management Corporation, the Tenant
under the above referenced Lease Agreement.
At a meeting of the Board of Directors held on Tuesday, May
2, 2000, certain amendments to the By-Laws of the
Broadway Market Management Corporation were adopted. A
copy of the By-Law change is attached hereto. Pursuant to
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Section 9 of the Lease Agreement, By-Law changes shall
not be effective until approved by the Common Council,
which approval shall not be unreasonably withheld or
delayed. Accordingly, please let this serve as the formal
request of the Broadway Market Management Corporation
for approval of the By-Law change attached hereto. I would
appreciate if you would arrange for this matter to be placed
on the agenda for a Common Council meeting in the near
future. Should you have any questions, or require any
additional information, please do not hesitate to call me.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 92
UPDATING SECTIONS OF RULES FOR THE CLASSIFIED
CIVIL SERVICE
Please file t1p attached information from the Municipal
Civil Service Commission regarding: Updating sections of
the Rules for the Classified Civil Service of the City of
Buffalo" discussion on the Council Agenda.
Thank you for your assistance in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 93
M. THRUST ACQUISITION/HOMESTUDY 185 COIT
I am writing to inform you that I am interested in
purchasing or homesteading Lot # 18 5 Coit Street, Buffalo,
New York 14212, that is adjacent to my property of 187 Coit
Street. I look forward to hearing from you on any further
information that I made need in order to acquire or
homestead the acquisition of Lot # 18 5. Thank you so much
for your time and I will look forward to hearing from you soon
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
NO. 94
A. SCHILLACI-SUPPORT PARKS DEPT MAINTENANCE
BUDGET
Economic development, quality of life, vibrant
neighborhoods, decreased utility costs, and a more
environmental-friendly city are important initiatives the
Common Council addresses on a regular basis. Yet, there is
one community asset that provides all of these important
attributes that has been historically under funded - Buffalo's
park system.
For a city our size, the average Parks Department budget
equals approximately 4 percent of a city's total annual
budget. The Buffalo's Parks Department budget is less than I
percent of the ciWs annual budget. Yet, the Parks
Department must maintain 1,500 acres of parkland,
James R. Lyons' Under Secretary of Agriculture for Natural
Resources and Environment has said that research verifies
what we intuitively know about the value of open spaces:
they increase property values, reduce energy use and storm
water runoff, increase property values, and improve
academic performance among teens. Studies in New York
show that crime is reduced in the neighborhoods where
parks become a community focus, and visits to hospitals and
emergency rooms are reduced when kids are given a safe
alternative to playing in streets and parking lots,
The City of Buffalo and the Buffalo Olmsted Parks
Conservancy have in attractive public/private partnership to
improve and maintain our parks. We are acutely aware of
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the constraints imposed on the Parks Department its a result
of a stagnant maintenance budget and increasing demands.
The Conservancy admires the work the Parks Department
has accomplished under such circumstances.
We ask you to support an increase in funding for the Parks
Department's maintenance budget. Additional maintenance
funds will provide critical maintenance staff and equipment
needed to maintain the recently completed capital projects in
the parks, so that citizens will I not complain of neglect in the
future. With your active support of additional funds, our
community can become the "City of Good Parks".
Thank you, in advance, for your support of this request.
Sincerely,
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 95
SEQRA REVIEW
CITY OF LACKAWANNA COMPREHENSIVE PLAN,
ZONING ORDINANCE AND DESIGN
GUIDELINES
CHANGE IN LEAD AGENCY
Your agency has recently been sent a copy of materials
initiating the SEQRA review of the Comprehensive Plan,
Zoning Ordinance and Design Guidelines for the City of
Lackawanna. The materials included Parts 1 and 2 of the
Environmental Assessment Form as well as a notice that the
Lackawanna Planning and Development Board would like to
serve as Lead Agency for the project-
After further consideration of the project scope, and the
desire to coordinate the SEQR process for the
Comprehensive Plan and Zoning Ordinance, we have
advised the City that the best choice for Lead Agencv is the
Lackawanna City Council since this agency has final
Approval authority for the two documents.
Please note this change and submit any comments within
thirty (30) days to:
Joseph Geyer, Code Enforcement officer, City of
Lackawana, 714 Ridge Road, Lackawana, NY 14218
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT
COMMISSION
PETITIONS
NO. 96
J. KRYSZAK, AGENT, USE 1030 MAIN FOR USED CAR
SALES (HRG. 5/23)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND CORPORATION
COUNSEL
NO. 97
R. FREDERICK, AGENT, USE 306 DELAWARE AVENUE
FOR HUMAN SERVCES FACILITIES (HRG. 5/23)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY
DEVELOPMENT, AND CORPORATION COUNSEL.
NO. 98
E. APPLEWHITE, OWNER, PETITION TO REZONE AND
COMBINE 521-523 JEFFERSON AVENUE TO 543
BROADWAY FROM R-3 TO C-2 - RETAIL
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ESTABLISHMENT. (HRG. 5/23)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT, AND CORPORATION
COUNSEL.
NO. 99
S. BROWN & OTHERS
PETITION REQUEST SOUND BARRIER ON YOUNG ST
Dear Councilmember LoTempio:
We would like to have a sound barrier put up on Young
Street from Broadway to Gimes Street, to stop people and
children from going on the railroad tracks. We have no
privacy from people who are on the tracks throwing rocks in
my yard at myself and my children and the pets that are
protecting our yards.
On June 7th, 1999, Stella Bailey was severely beaten in the
head and locked in her garage and left in a puddle of blood
to die. To this day she is still in the hospital. After this
happened we the people of Young Street, were promised
protection from this happening again. Area residents have
been trying to contact CSX for a meeting to see what could
be done. But, nothing has ever come out of it.
It's another summer coming and I would like to feel safe in
my yard, not like someone is watching me and my family.
And, the traffic of children and adults is becoming very
heavy. There are no signs around for the railroad tracks
such as "no trespassing". We desperately need your help for
our safety and peace of mind.
Sincerely,
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE CXS
RAILROAD
REGULAR COMMITTEES
CIVIL SERVICE
(BARBARA A. MILLER-WILLIAMS, CHAIRPERSON)
NO. 100
APPOINTMENTS
HRG, EXAMINERS (MAX) (A&F)
(ITEM NO. 64-C.C.P. MAR. 21, 2000)
That Communication 64, Mar. 21, 2000 be
received and filed and the seasonal appointments of Gary A.
Gerace, Jeffery M. Priore, Gregory A. Fina, Denise M.
Malican, David Shapiro, Daniel Wisniewski, Randally J. Kay,
Michael P. Clohessy and John Garrity stated above at die
flat salary of $11O/day effective on January 1, 2000 is
hereby approved.
PASSED
AYES-13, NOES-0
NO. 101
APPOINTMENT
SR. 1 ST CLASS STAT. ENGR. (MAX) (PW)
ITEM NO. 45-C.C.P. APR. 18, 2000
That Communication 45, Apr. 18, 2000 be received and
filed and the provisional appointment of Rodney J. Martz
stated above at the maximum salary of $33,224 effective on
April 10, 2000 is hereby approved.
PASSED
AYES-13, NOES-0
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NO. 102
APPOINTMENT
SENIOR ARCHITECT (MAX) (PW)
(ITEM NO. 31 -C.C.P. MAY 2, 2000)
That Communication 31, May 2, 2000 be received and
filed and the temporary appointment of Burke M. Glaser
stated above at the maximum salary of $5 1,000 effective on
April 17, 2000 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 103
Appointments
Sr. Public Safety Dispatcher (Inter) (Pol)
(Item No. 34-C.C.P. May 2, 2000)
That Communication 34, May 2, 2000 be received and
filed and the permanent appointments of John R. Gueli,
Sheila M. Bergman and Patricia L. Bissonette stated above
at the intermediate salary of $29,702 effective on April 17,
2000 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 104
APPT.-BATTALION CHIEF (MAX)(FIRE)
(CCP#35-MAY 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 105
APPT.-BATTALION CHIEF (PERM. CONT.)(MAX)(FIRE)
(CCP#36-MAY 2, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 106
Appt.-Division Chief (Max)(Fire)
(CCP#37-May 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
APPT.-FIRE CAPTAIN (PERM. CONT.) (MAX) (FIRE)
(CCP#38-MAY 2, 00)
That the, above item be and the same hereby is received
and filed.
ADOPTED
NO. 108
APPT.-FIRE CAPTAIN (MAX) (FIRE)
(CCP#39-MAY 2, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 109
APPT.-FIRE LT. (MAX) (FIRE)
(CCP#40-MAY 2, 00)
That the above item be and the same hereby is received and
filed.
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00-0516.txt
ADOPTED
NO. 110
APPT. -FIRE LT. (PERM. CONT.) (MAX) (FIRE)
(CCP#41-MAY 2, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 111
APPOINTMENT
SUPR. OF STREET SANITATION I (MAX) (STS)
(ITEM NO. 56-C.C.P. MAY 2, 2000)
That Communication 56, May 2, 2000 be received and
filed and the permanent appointment of Paul M. Hoffstetter
stated above at the maximum salary of $30,633 effective on
April 17, 2000 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 112
NOTICES OF APPTS. -TEMP. /PROV./PERM. (CC)
(CCP#92-APR. 18, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 113
NOTICES OF APPTS. -TEMP. /PROV./PERM. (CC)
(CCP#68-APR. 18, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
FINANCE
(BYRON W. BROWN, CHAIRMAN)
NO. 114
RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET
(ITEM NO. 57, C.C.P., DEC, 28, 1999)
(ITEM NO. 111, C.C.P., MAY 2, 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. 115
REPORT OF AUCTION - 2002 FILLMORE AVENUE
(ITEM NO. 62, C.C.P., JULY 13, 1999)
(ITEM NO. 112, C.C.P., MAY 2, 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. 116
AUDIT-PUBLIC WORKS-ERIE BASIN MARINA (COMPT)
(CCP#10-MAY 7, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
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00-0516.txt
NO. 117
DELAWARE PARK CONCESSION AGREEMENT
(ITEM NO. 67, 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. 118
CERTIORARI PROCEEDINGS - 750 E. FERRY STREET
(ITEM NO. 13, C.C.P., MAY 2, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation
Mr. Brown moved:
That the Corporation Counsel be, and he hereby is
authorized to settle the 1995-96 through 2000-01 certiorari
proceeding on 750 E. Ferry Street by reducing the
assessment from $1,481,540 to $900,000 for each year.
Passed.
Ayes-13, Noes-0
NO. 119
4 CLIFF STREET - IN REM #33, SERIAL #4689
(ITEM NO. 47, C.C.P., MAY 2, 2000)
That the Director of In Rem Properties be, and he hereby
is authorized to transfer 14 Cliff Street to Mrs. Ann Mattioli
for all back and current taxes together with interest and
$450.00 foreclosure fee. That the Corporation Counsel
prepares the necessary documents for the transfer of title
and that the Mayor be authorized to execute the same.
Passed.
Ayes-13, Noes-0
NO. 120
WAIVE FEE FOR BANDWAGON RENTAL - 5/21/00 &
5/26/00
(ITEM NO. 58, C.C.P., MAY 2, 2000)
That the fee for the rental of the Bandwagon for the 12'h
Annual "Kids" Run in Delaware Park by the Wellness
Institute and Independent Health for their function at
Delaware Park on May 21, 2000 be, and hereby is waived;
and
That the fee for the rental of the Bandwagon for the 8h
Annual "Golden Years Wellness Walk in the Park" by the
Wellness Institute for their function at Delaware Park on May
26, 2000 be, and hereby is waived.
Passed.
Ayes-13, Noes-0
NO. 121
WAIVE FEE FOR BANDWAGON RENTAL - 5/18/00
(ITEM NO. 59, C.C.P., MAY 2, 2000)
That the fee for the rental of the Bandwagon for the School
Band Concert, Hutchinson Technical High School/Board of
Education function at Johnson Park on May 18, 2000 at 7:00
p.m. be, and hereby is waived.
Passed.
Ayes-13, Noes-0
NO. 122
MITIGATION OF SURCHARGE FEES - DEMOLITION OF
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00-0516.txt
1435 -1447 HERTEL AVENUE
(ITEM NO. 195, C.C.P., MAY 2, 2000)
That the surcharge of $5,034 be renegotiated to $1,500
making the new amount owed by Joseph Stravalaci $29,500
for the demolition of 1435-1447 Hertel Avenue; and
That when the property owner is on the site he or she must
be made aware of the entire fee of demolition including the
emergency surcharge fee.
Passed
Ayes-13, Noes-0
NO. 123
BIDS - LIST OF TREE TRIMMING BY DIV. OF FORESTRY
(ITEM NO. 78, C.C.P., MAY 12, 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
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 124
M. KONTRAS, PETITION TO USE 3314 BAILEY AVENUE
- TAKE OUT RESTAURANT/STORE
(ITEM NO. 89, 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. 125
HOWARD HITZEL, PETITION TO USE 73 SUFFLOLK
STREET - HUMAN RESOURCES FACILITY
(ITEM NO. 90, C. C.P., MAY 2, 2000)
That after the public hearing before the Committee on
Legislation on May 9, 2000, the petition of Howard Hitzel,
agent, for permission to use 73 Suffolk Street for a human
resources facility be, and hereby is approved.
Passed.
Ayes-13, Noes-0
NO. 126
DAVID TOMASELLO, PETITION TO USE 620 TIFFT
STREET - RECYCLING CENTER FOR ORGANICS
(ITEM NO. 123, C.C.P., APR. 18, 2000)
That the above item be and the same hereby is denied.
Adopted
NO. 127
D. TOMASELLO-LAKE FRONT RECYCLING-PROP.
-ORGANIC DROP-OFF CTR.-620 TIFFT
(CCP#94-APR. 4, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 128
D. TOMASELLO-LAKE FRONT RECYCLING-DEC
APPROVAL
(CCP#120-APR. 18, 00)
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That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 129
MARC HUDAK, PETITION TO USE 877 DELAWARE
AVENUE - ILLUMINATED GROUND SIGN
(ITEM NO. 124, C.C.P., APR. 18, 2000)
That after the public hearing before the Committee on
Legislation on April 25, 2000, the petition of Marc Hudak,
agent, for permission to use 877 Delaware Avenue for an
illuminated ground sign be, and hereby is approved.
Passed.
Ayes-13, Noes-0
NO. 130
USE 877 DELAWARE AVE.-ACCESSORY GROUND SIGN
(PLAN BD.)
(CCP#5-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 131
JEFFERSON AVENUE - SPECIAL ZONING DISTRICT
(ITEM NO. 188, C. C.P., MAR. 7, 2000)
That the Common Council requests that the City
Planning Board and its staff draft zoning legislation, which
would aid in the revitalization of this area.
Adopted
NO. 132
RE-APPOINTMENT MEMBERS TO THE BUFFALO
BOARD OF PARKING
(ITEM NO. 2, C.C.P., APR. 18, 2000)
That the re-appointment of Catherine T. Wettlaufer,
residing at 21 Saybrook Place; R. Maura Cohen, residing at
167 Windsor Avenue, as members of the Buffalo Board of
Parking for a term commencing immediately and expiring
March 31, 2007 be, and they hereby are approved.
Passed
Ayes-13, Noes-0
NO. 133
C. CANFIELD & O-OPP. REROUTING OF TRAFFIC W.
NORTHRUP & W. WINSPEAR
(CCP#100-APR. 4, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 134
B. NOWAK-SEQRA COMPL. VAR. PROJ.-50
GALVESTON (CC-TELE. OFC) (#81, 7/13)
(CCP#166-JULY 27, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 135
OPPOSE SOLID WASTE TRANSFER STATION AT
HOPKINS/TIFFL (EX. FIN. RESOLVE)
(CCP#165-DEC. 28,99)
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00-0516.txt
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 136
ALLOW BFLO. POLICE DEPT. -REFUEL AT ALL COB
REFUEL FACILITIES
(CCP#212-JAN. 25, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 137
REFUELING SITES (PW)
(CCP#37-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 138
ALLOW BFLO. POLICE DEPT. -REFUEL AT ALL COB
REFUEL FACILITIES (POL)
(CCP#39-FEB. 8, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 139
BFLO. POLICE REFUELING FACILITIES (LAW)
(CCP#21-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 140
FIRE DEPT. FUEL DISPENSING SITES (PW)
(CCP#32-MAR. 21, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 141
USED CAR DEALER - 1671 GENESEE STREET
(ITEM NO. 52, C.C.P., FEB. 8, 2000)
(ITEM NO. 154, C. C.P., MAR. 21, 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. 142
USED CAR DEALER - 2129 FILLMORE AVENUE
(ITEM NO. 57, C.C.P., MAR. 21, 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. 143
C. NOWAK-OPP. TRUCK TRAV./SUB. WASTE
ROUTING-DINGENS/SO. OGDEN (#99,6/29)
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00-0516.txt
(CCP# 151 -MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 144
SIDEWALK CAFE - 530 RHODE ISLAND STREET
(ITEM NO. 30, C.C.P., APR. 4, 2000)
That the above item be and the same hereby is received
and filed
Adopted
NO. 145
USE 530 RHODE ISLAND-SIDEWALK CAF
(PLAN BD.)
(CCP#6-MAY 2, 00)
That the above item be and the same hereby is received
and filed,
ADOPTED
NO. 146
SIDEWALK CAFE - 621 MAIN STREET
(ITEM NO. 3 8, C.C.P., APR. 18, 2000
(ITEM NO. 136, C.C.P., MAY 2, 2000)
That the Commissioner of Public Works be, and he hereby
is authorized to issue a mere license" to Mr. Michael
Hodgdon, owner of The Empire Brewing Company, located
at 1621 Main Street, 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 twenty-eight feet
(28') 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 one
dollar and thirty cents ($1.30) per square foot of City
right-of-way occupied by said sidewalk caf‚ 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.
Passed.
Ayes-13, Noes-0
NO. 147
NOTIF SERIAL #9191 (PW)
(CCP#14-MAY 2, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
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00-0516.txt
NO. 148
RESTAURANT DANCING CLASS III - 45 WEST
CHIPPEWA
(ITEM NO. 54, C.C.P., MAY 2, 2000)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 149
SECOND HAND DEALER - 520 SEVENTH
(ITEM NO. 55, C.C.P., MAY 2, 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 Rev. Gail Lewis d/b/a Asbury Shalom Zone located at 520
Seventh.
Passed.
Ayes-13, Noes-0
NO. 150
BANNING RINGING CELLULAR PHONES/BEEPING
PAGERS FROM COUNCIL CHAMBERS
(ITEM NO. 201, C.C.P., MAY 2, 2000)
That all audible cellular phones and pagers be turned off
or turned to a vibrating position to alert the individual called;
and
That all Councilmembers and City officials in the lower
levels of the Chamber physically remove themselves from
the room when answering their cellular phones; and
That signs are posted immediately outside the Council
Chamber doors notifying the general public regarding the
banning of ringing cellular phones and beeping pagers.
The First three resolves are Adopted and the remainder is
received and filed
NO. 151
TRAVEL EXPENSES AT BFLO. MUNICIPAL HSG. AUTH.
(#121,2/22)(#136,11/16)
(CCP# 177-MAY 2, 00)
hat the above item be and the same hereby is received
and filed.
ADOPTED
NO. 152
TRAVEL/TRAINING INFO. (BXFF-1A)
(#122,2/22)(#64,1/25)
(CCP# 178-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 153
PAY PHONE/MAILBOX-KELLY GARDENS
(BMHA)(#74,4/18)
(CCP #179-MAY 2, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
RESOLUTIONS
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NO. 154
By: Mr. Bonifacio
EXTENSION OF 1999-2000 GRANT-IN-AID CONTRACT -
WEST SIDE COMMUNITY SERVICES
Whereas: The City of Buffalo approved a grant-in-aid
allocation of $54,477 to the West Side Community Center,
for the year 1999-2000 fiscal year ending June 30, 2000;
and
Whereas:The West Side Community Center has
requested a six-month extension of their grant-in-aid
contract; and
Now, Therefore, Be It Resolved:
That this Common Council approves an extension of the
1999-2000 grant in-aid contract for the West Side
Community Center that is scheduled to end on December
31, 2000.
PASSED
AYES-13, NOES-0
NO. 155
BY: MR. BONIFACIO
ORDINANCE AMENDMENT
CHAPTER 309 - PARKS AND OTHER OPEN SPACES
The Common Council of the City of Buffalo does
hereby ordain as follows:
That Section 309-28 of Chapter 309 of the Code of the
City of Buffalo be amended to read as follows:
309-28. Fees.
The fees to be charged and collected by the
Commissioner of Parks for the use of golf courses and other
recreational facilities under his jurisdiction are hereby fixed
as provided in Chapter 175, Fees. The Commissioner may
waive the fee for the use of the bandshell if the event
satisifies one or more of the following criteria:
For Park Event
A. It is non-religious and staged within a park or
p1gygound, including Niagara Square.
B. It provides a legitimate public benefit and is free to the
general public.
C. It is initiated by the Mayor's Office or other City
Department or Agency.
D. It is co-sponsored by the Mayor's Office or other City
Department or Agency.
For Non-park Event
A. It is held as part of a daytime school event. B. It does
not create overtime costs for the City.
C. The Common Council has waived other fees for the
event.
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
Michael Risman
Corporation Counsel
NOTE; Matter underlined is new.
PASSED
AYES-13, NOES-0
NO. 156
By: Mr. Brown
AMEND RES 205 "DESIGNATE 2421 MAIN STREET AS
HEADQUARTERS FOR THE GREATER BUFFALO
SAVINGS BANK" CCP MARCH 21, 2000
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Whereas: Res 205 "Designate 2421 Main Street as
Headquarters for the Greater Buffalo Savings Bank" CCP
March 21, 2000, was adopted by the Common Council; and
Whereas: The third "'Whereas" clause states that ""The
G.B.S.B. submitted an application to the New York State
Banking Department, which was approved;"
Now, Therefore, Be It Resolved:
That this third "'Whereas"" clause be amended to reflect
that the New York State Banking Department is currently
reviewing the G.B.S.B. application, which has yet to be
approved.
ADOPTED
NO. 157
By: Mr. Brown
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 1999-2000
That pursuant to section 359 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the Capital Program for the fiscal year
1999-2000 be and the same is hereby amended by adding
the following item under the heading:
Capital Projects
Department of Public Works
Division of Buildings
Complete Construction of new Jefferson Avenue Library
$1,700,000
PASSED
AYES-13, NOES-0
NO. 158
By: Mr. Brown
DISCHARGE COM 21 "'UTILITY EASEMENT - NIAGARA
MOHAWK POWER CORP.- 376 URBAN" CCP APRIL 18,
2000, FROM THE FINANCE COMMITTEE TO THE FULL
COUNCIL
Whereas: Com 21 "Utility Easement - Niagara Mohawk
Power Corp. - 376 Urban" CCP April 18, 2000, was tabled
for two weeks at the May 9, 2000, Finance Committee
meeting; and
Whereas: The Fillmore District Councilmember has
requested that this item be discharged from the Finance
Committee and sent to the full Council for consideration;
Now, Therefore, Be It Resolved:
That Com 21 "'Utility Easement - Niagara Mohawk Power
Corp. - 376 Urban" CCP April 18, 2000, be discharged from
the Finance Committee and sent to the full Council for
consideration.
PASSED
AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON,
FISHER, FONTANA, GOLOMBEK, GRANT, GRAY,
LOTEMPIO, MARTINO, WILLIAMS-12, NOES-PITTS-1
NO. 159
By: Mr. Brown
INVESTIGATE THE POSSIBILITY OF INCREASING THE
FREQUENCY OF HEAVY TRASH PICK-UPS
Whereas: The removal of trash and debris is an extremely
important function in the City of Buffalo and the efficiency of
this task is critical to the sustainment of a healthy
environment for citizens; and
Whereas:When trash is not properly disposed of,
the cost assessed to City taxpayers runs into the hundreds
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of thousands of dollars each year in the expenses related to
the removal of dumping; and
Whereas:It is possible that part of the problem of
dumping is a function of the limitations set upon the removal
of trash by the City; and
Whereas:The current policy set by the
Department of Street Sanitation, resulting from the
implementation of 1996 garbage user fee, allows for the
setting out of two pieces of large trash each scheduled
garbage day; and
Whereas:This regular removal of trash is
supplemented by two heavy trash pick ups on a yearly basis;
and
Whereas:Because the removal of two large
pieces of trash on scheduled garbage days is limited to
"weather permitting" pick-ups, and the biannual heavy trash
pick-ups are limited to a 4 cubic yard pile in front of each
house or building, there are concerns that there are not
enough opportunities for large trash to be disposed of; and
Whereas:In order to decrease the amount of City
resources needed to address the problem of illegal dumping,
and to make positive steps toward a cleaner environment, it
is necessary for the City to continuously investigate other
available options for greater efficiency in trash collection;
Whereas:One possible solution for greater
efficiency is to increase the number of heavy trash pick-ups
to give the residents of Buffalo additional opportunities to
dispose of unneeded waste; and
Whereas:Another possible solution for greater
efficiency of heavy trash pick-ups is through increased
marketing including: the exploration of additional ways to
educate the citizenry on the proper way to dispose of debris
and the provision of more detailed, and more accessible,
information on upcoming pick-ups;
Now, Therefore, Be It Resolved:
That the Department of Street Sanitation and the
Department of Administration and Finance be requested to
investigate the possibility of increasing the number of heavy
trash pick-ups from two per year to three; and
Be It Further Resolved:
That the Department of Street Sanitation be requested to
investigate other ways of providing information to the general
public on times and procedures guiding the collection of
garbage and heavy trash to assist in being better able to
protect residents against potential health hazards; and
Be It Finally Resolved:
That the Department of Street Sanitation, and the
Department of Administration and Finance, be requested to
file a response to this resolution no later than Tuesday, June
13, 2000.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF STREETS AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
NO. 160
By: Mr. Brown
INCREASED APPROPRIATION
FUND BALANCE DESIGNATED FOR VEHICLE
INSURANCE RESERVE FOR MOTOR VEHICLE
INSURANCE MOTOR VEHICLE SELF INSURANCE
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 - General
Fund - Miscellaneous General City Charges - Motor Vehicle
Self Insurance be and the same hereby is increased in the
sum of $50,000.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $50,000 from
10000000-253300 Fund Balance Designated Vehicle
Insurance to increase the revenue account
10700096-397203 - Reserve for Motor Vehicle Insurance to
meet this increased appropriation as set forth below:
TO:
17221008 - Miscellaneous General City Charges
480203 - Motor Vehicle Self Insurance $50,000
REFERRED TO THE COMMITTEE ON FINANCE
NO. 161
By: Mr. Brown
TRANSFER OF FUNDS
ENTERPRISE FUND - SOLID WASTE
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 $98,962 be and the same is
hereby transferred from Refus Disposal Services and said
sum is hereby reappropriated as set forth below:
From:
52002606 - 442100 Refuse Disposal Services$98,962
To:
52002806 - 443301 Machinery & Equipment Repair
$17,000
52002806 - 443302 Vehicle & Body Repair
$36,602
52002806 - 443303 Vehicle Drive Train Repairs$45,360
PASSED
AYES-13, NOES-0
NO. 162
By: Mr. Brown
STATUS OF UNSOLVED HOMICIDES IN THE CITY OF
BUFFALO
Whereas:The Buffalo Police Department has
conducted a number of homicide investigations over the
years; and
Whereas:While justice is rendered the majority of
times, and the perpetrators who commit heinous crimes are
put behind bars, there are far too many homicides that go
unsolved in the City of Buffalo; and
Whereas:During the Western New York Million
Mom March, that took place in Delaware Park, over Mother's
Day weekend, numerous distraught mothers told of the pain
and anguish that came to their families through the murder
of a loved one; and
Whereas: This pain is made even worse when a
loved one's murder is unsolved, not allowing the proper
closure needed for those who are grieving to move on with
their lives;
Now, Therefore, Be It Resolved:
That the Commissioner of Police be requested to file a
report with this Common Council prior to 2:00 p.m., Tuesday,
June 13, 2000, detailing:
(1)The total number of unsolved homicides in the City
of Buffalo from January 1, 1995 to the present and
(2)The status of unsolved homicide cases - including
those that have been either closed, or remain open; and
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Be It Further Resolved:
That the immediate families, of the victims of unsolved
homicide cases, be given an update, in writing, of the status
of the investigation, no later than Tuesday, August 1, 2000.
REFERRED TO THE COMITTEE ON POLICE
REORGANIZATION, THE COMISSIONER OF POLICE AND
THE CORPORATION COUNSEL
NO. 163
By: Brown, Fisher, Williams, Grant, Martino, Gray and
LoTempio, Mr. Bonifacio
SUPPORT ATTORNEY GENERAL'S GUN COALITION
Whereas:The impact of violence, resulting from
the use of firearms, continues to be a major problem in
communities across America; and
Whereas:The pain and suffering caused by this
violence was dramatically brought to light, over Mother's
Day weekend, through the Million Mom March in
Washington, D.C., and the Western New York Million Mom
March in Delaware Park, as well other concurrent
demonstrations across the country; and
Whereas:While the City of Buffalo has seen a
trend towards the stabilization of violent criminal
activity; death and injuries resulting from the use of guns
continues to destroy far too many lives; and
Whereas:The New York State Attorney General
has attempted to increase the quality of life in communities
across the State, by forming a coalition with the goal of
implementing a new code of conduct to be adhered to by
the gun industry, involving certain design and
distribution principles to needed to enhance public safety;
and
Whereas:This voluntary code of conduct to be
adhered to by gun manufactures includes three major
principles:
(1)Mandatory design changes to make guns safer,
including trigger locks, changes to make guns inoperable by
young children, magazine safety disconnects, and chamber
load indicators
(2)Changes in distribution practices to ensure that
manufactures terminate relations with irresponsible dealers
who sell too many guns that are later used in crimes
(3)An independent monitor, who would ensure that
manufacturers adhere to the Code of Conduct, and report
the results of its monitoring to the public; and
Whereas:A number of prominent elected officials
and public figures across the State have joined the Attorney
General's "Gun Procurement Coalition" including U.S.
Senator Charles Schumer, New York State Comptroller H.
Carl McCall, Buffalo Mayor Anthony Masiello and Rochester
Mayor William Johnson; and
Whereas:It important that the City of Buffalo place
its support behind the efforts of State officials who are
striving to make our municipality a safer place to live and
work in;
Now, Therefore, Be It Resolved:
That This Common Council supports the efforts of New
York State Attorney General Elliott Spitizer to bring together
a coalition of elected officials who are dedicated to working
for the safer use of handguns; and
Be It Finally Resolved:
That certified copies of this resolution be sent to United
States Senator Charles Schumer, Governor George Pataki,
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Speaker of the New York State Assembly Sheldon Silver,
Majority Leader of the New York State Senate 3oseph
Bruno, the Western New York Delegation of the New York
State Legislature and the Erie County Legislature.
ADOPTED
NO. 164
By: Mr. Brown
SUPPORT HOYT LEGISLATION ON CAMERAS AT RED
LIGHTS
Whereas:Drivers who speed through red lights
are threatening the lives of other motorists and it is important
to bring every feasible measure to bear against this
dangerous behavior; and
Whereas:In Western New York numerous injuries
and deaths in recent have resulted from drivers running red
lights, the problem is particularly acute at the
intersection of Humboldt Parkway and East Ferry in the
Masten District, and
Whereas:One simple step that helps enforce
stopping at red lights is the installation of cameras to
document motorist's actions; and
Whereas:Assemblyman Sam Hoyt has introduced
legislation that would allow for the placement of video
cameras at traffic signals to catch those who run red lights in
Erie County; and
Whereas:Hoyt's bill, A 10936, would extend a
successful New York City red light demonstration program to
Buffalo and Erie County; and
Whereas:The program involves roadbed sensors,
which trigger a camera only when a vehicle runs a red light;
and
Whereas:The camera would snap two
photographs, one of the car, to determine the license plate
number, and the other a wide-angle shot showing the entire
intersection with the vehicle going through the red light;
Now, Therefore, Be It Resolved That:
This Council supports A-10836, memorializes the NYS
Senate to introduce and pass companion legislation, and
urges the Governor to sign this legislation; and
Be it Further Resolved That:
The City Clerk be directed to forward certified copies of
this memorialization to Governor Pataki, to the Clerk of the
Assembly. the Secretary of the Senate and to the members
of the Western New York Legislative delegation.
ADOPTED
NO. 165
By: Mr. Brown
TRAILBLAZER SIGN - BISHOP LEROY ANDERSON
Whereas:The Prince of Peace Church of God in
Christf originally located at 1551 Jefferson Avenue, relocated
to 669 Kensington Avenue in 1973; and
Whereas:The church has been a pillar of the City
of Buffalo, caring for the spiritual needs of all who require
support and assistance; and
Whereas:Leroy Robert Anderson has served with
distinction for 55 years as a minister Pastor of Prince of
Peace Church of God in Christ, the Presiding Bishop of the
1st Ecclesiastical Jurisdiction and one of 12 General Board
Members of the Church of God In Christ supporting the
spiritual health of over 4.5 million church members; and
Whereas:Bishop Anderson has been an
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exemplary role model, tirelessly working to improve the
condition of the community surrounding his church; and
Whereas:Bishop Anderson will be retiring from the
clergy on June 18, 2000, leaving behind him a standard of
excellence and faithfulness to commitment of service to
humanity; and
Whereas:In celebration of his many
achievements, it is appropriate for Trailblazing signage to be
placed in the community surrounding the church with the
designation of "Bishop Leroy Anderson Way"
Now, Therefore, Be It Resolved:
The Department of Public Works be authorized to install
Trailblazer signs, along Kensington Avenue, from Fillmore
Avenue to Deerfield Avenue, designating the route as
"Bishop Leroy Anderson Way;" and
Be It Further Resolved:
That the installation of the signs be done in accordance
with all regulations and procedures set forth by the Law
Department and the Department of Public Works.
ADOPTED
NO. 166
By: Mrs. LoTempio, Mr. Fontana, Mr. Bonifacio, Mr.
Coppola, Ms. Martino, Mr. Golombek, Ms. Grant and Ms.
Gray, Ms. Ellington
ORDINANCE AMENDMENT
CHAPTER 180 - FIREARMS, ARROWS AND OTHER
WEAPONS
The Common Council of the City of Buffalo does
hereby ordain as follows:
That Chapter 180 of the Code of the City of Buffalo be
amended to read as follows:
CHAPTER 180 - FIREARMS, ARROWS AND OTHER
WEAPONS
ARTICLE I Firearms and Arrows
[ 180-1.] [Discharge prohibited; exceptions.]
[No person shall fire, shoot or discharge in any place or
building any firearm, air gun, spring gun, archery device
propelling or projecting an arrow, cannon or artillery piece;
provided, however, that the prohibitions above contained
shall not apply to a lawfully licensed amusement or to a duly
authorized rifle, pistol or archery range or to any duly
authorized police or military personnel. Further exceptions
may be made hereto by written pen-nit of the Commissioner
of Police under circumstances beneficially and directly
affecting the public health, welfare and safety.]
[ 180-2.] [Carrying loaded shotgun or rifle prohibited;
exceptions.]
[A.No person, except a duly authorized law
enforcement officer in the performance of his official
duties, shall carry a loaded shotgun or rifle on the city streets
or in a public place.]
[B. The carrying of such a loaded weapon on the city
streets or public place shall be presumptive evidence of
carrying such weapon with intent to use the same unlawfully
against the person or property of another.]
[C. Nothing herein contained shall be construed to prohibit
the possession, custody or use of said shotgun or rifle for the
lawful purpose of self-defense or the defense of others.]
180-1. Firearms, shotguns, rifles and other dangerous
weapons.
A. Purpose and intent. The City of Buffalo finds that violent
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crime is a serious problem in
the city and firearms and other dangerous weapons are
frequently used in the commission of crimes, particularly
homicides and assaults. The possession of such weapons
also often leads to accidental deaths and injuries. The
possession and use of assault weapons and ammunition
feeding devices for criminal purposes is increasing and
poses a serious danger to public safety.
The use of weapons by persons under the influence of
drugs and/or alcohol can readily lead to serious. injury or
death. The possession of weapons in public facilities and
places also poses a serious danger to public safety. The
possession of toy or imitation weapons which substantially
duplicate actual weapons poses a danger to the person
possessing the weapon and to others. In order to promote
and protect the health, safety and welfare of the public, the
City of Buffalo finds it necessity to place restrictions upon the
possession and use of such weapons. The restrictions
imposed by this section are intended to be in addition to
restrictions found in state law and are not intended to conflict
with state law provisions.
B. As used in this section, the following tenns shall have
the meanings indicated:
AMMUNITION - Explosives suitable to be fired from a
firearm, machine gun, pistol, revolver, rifle, shotgun, assault
weapon or other dangerous weapon.
AMMUNITION FEEDING DEVICE - Magazines, belts,
feedstrips, drums or clips capable of being attached to or
utilized with any center-fire rifle, shotgun or pistol which
employs the force of the expanding gases from a
discharging cartridge to chamber a fresh round after each
single pull of the trigger which, in the case of a rifle or
shotgun holds in excess of five (5) cartridges, or in the case
of pistol holds in excess of seventeen (17) cartridges.
ASSAULT WEAPON:
(1) Any center-fire rifle or shotgun which employs the force
of the expanding gases from a discharging cartridge to
chamber a fresh round after each single pull of the trigger,
and which is loaded or capable of being loaded with a
combination of more than six (6) cartridges in the
ammunition feeding device and chamber combined. For the
purposes of this section, weapon is capable of being loaded
if it is possessed by one who, at the same time, possesses:
(a) In the case of a rifle, a fixed or detachable ammunition
feeding device which is attached to or utilized with or
capable of being attached to or utilized with such rifle and
whichhas a capacity of more than five (5) cartridges, 0
(b) In the case of a shotgun, an ammunition feeding
device which is attached to or utilized with or cable
of being attached to or utilized with such shotgun
and which has a capacity of more than five (5)
cartridges
(2)A center-fire rifle or shotgun which employs the
force of expanding gases from a discharging cartridge to
chamber a fresh round after each single pull of the trigger,
and which has:
(a)A flash suppressor attached to the weapon
reducing muzzle flash;
(b)A grenade launcher;
(c)A sighting device making a target visible at night;
(d)A barrel jacket surrounding all or a portion of the
barrel, to dissipate heat therefrom; or
(e)A multi-burst trigger activator.
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(3)Any stockless pistol grip shotgun.
(4)For purposes of this section, the term "assault
weapon" shall not include any of the following:
(a)Any weapon which has been modified to render it
permanently inoperable or permanently make it a device no
longer defined as an "assault" weapon;
(b)We Vons that do not use cartridges or shells;
(c)Manually operated bolt-action weapons,
lever-action weapons, slide-action
weapons or single-shot weapons;
(d)Multiple-barrel weapons, revolving-cylinder
weapons except shotguns, weapons that use exclusively a
rotory Mannlicher-style magazine, or
(e)An antique firearm as defined in 265.00 of the
New York State Penal Law or any curio or relic as defined
under United States law which is posse sed by a licensed
collector in accordance with United States Law.
DISPOSE OF - To dispose of, give awgy, give, lease, loan,
keep for sale, offer, offer for sale, sell, transfer or otherwise
dispose of.
DRUG - AU substance listed in 3306 of the Public Health
Law of the State of New York.
DWELLING - One or more rooms, in a building or portion
thereof designed or used exclusively as the residence or
sleeping place of one or more persons, designed for
occupancy by one family for cooking, living and sleeping
purposes, as defined in Chapter 511, Zoning, of this Code.
FIREARM - Any pistol or revolver, or a shotgun having one
(1) or more barrels less than eighteen (18) inches in length
or any weapon made from a shotgun (whether by alteration,
modification or otherwise if such weapon as modified has an
overall length of less than twenty-six (26) inches; or a rifle
having one (1) or more barrels less than sixteen (16) inches
in length or any weapon made from a rifle (whether by
alteration, modification or otherwise) if such weapon .as
modified has an overall length of less than twenty-six (26)
inches. For purposes of this definition, the length of a barrel
on a shotgun or rifle shall be determined by measuring th
distance between the muzzle and the face of the bolt, breech
or breechlock when closed and when the shotgun or rifle is
cocked; the overall length of a weapon made from a shotgun
or rifle is the distance between the extreme ends of the
weapon measured along a line parallel to the center line of
the bore. Such definition, except as otherwise indicated,
shall include both loaded and unloaded firearms, except that
it shall not include any antique firearm as defined in federal
or New York State law or any curio or relic as defined under
United States law which is possessed by a licensed collector
in accordance with United States law.
LOCKING DEVICE - A design adaptation or attachable
accessory that will prevent the use of the firearm, rifle or
shotgun by an unauthorized user, and includes, but is not
limited to a trigger lock, which prevents the pulling of the
trigger without the use of a key, or a combination handle,
which prevents the use of the firearm, rifle or shotgun
without the alignment of the combination tumblers.
POSSESS - Have physical possession or otherwise to
exercise dominion or control over. The presence in an
automobile of any firearm, rifle or shotgun which is openly
visible is presumptive evidence of its possession by all
persons occupying such automobile at the time such firearm,
rifle or shotgun is found, except if such firearm, rifle or
shotgun is found in a vehicle for hire.
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PUBLIC PLACE - Any street, including the sidewalk portion
thereof, park, playground, recreation area, cemetery or lot
owned, leased, operated or controlled by or on behalf of an
government, municipality or public authority or corporation
within the boundaries of the city, which is generally
accessible to the public, except grounds used for
educational purposes.
PUBLIC FACILITY - Any building or facility owned, leased,
operated or controlled by or on behalf of any government,
municipality or public authority or corporation within the
boundaries of the city except buildings or facilities used for
educational Purposes_
RIFLE - A weapon designed or redesigned, made or remade
and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the
explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the
trigger.
SHOTGUN - A weapon designed or redesigned, made or
remade and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
C.No person shall possess a loaded or unloaded
firearm, rifle, shotgun or air gun, or
dagger, dangerous knife, dirk, razor or stiletto, in a public
place or public facility in the city. This prohibition shall not
apply to:
(1)A police officer or peace officer authorized to
possess the same;
(2)A government employee or licensed security
guard authorized or required by employment or office to
possess the same while acting within the scope of such
employment;
(3)A person in the military service of the State of New
York or the United States when duly authorized to possess
the same;
(4)A person transporting a rifle or shotgun in a motor
vehicle in the city in accordance with the provisions of
Section 11-0931, Subdivision 2, of the New York State
Environmental Conservation Law, or otherwise transporting
an unloaded rifle, shotgun or air gunin the city, provided
that the same is completely enclosed or contained in a non
transparent carrying case and either:
(a) Said carrying case is locked; or
(b) A locking device is attached to the weapon and locked in
a manner so as to preventthe weapon from being fired;
(5)An authorized person who, for the purpose of
shooting practice, possesses a weapon at an established
target range in a public place other than a park or public
facility;
(6)A person voluntarily surrendering the same in
accordance with the provisions of Section 265.20 of the
Penal law; or
(7) Possession of a firearm by a person licensed to
carry a firearm pursuant to Section 400.00 of the
Penal Law or possession or transportation by a
gunsmith or dealer in firearms in accordance with
a license issued by the State of New York or the
United States, except that this .subsection shall
not apply in a park or a public facility other than a
parking garage.
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D.No person shall store a firearm, rifle, shotgun or
air gun in a dwelling in the city unless said firearm, rifle,
shotgun or air gun is completely enclosed or contained in a
nontransparent lockedcarrying case or in a locked
gun rack, cabinet, closet or safe, or a locking device is
attached to the weapon and locked in a manner so as to
prevent the weapon from being fired. This requirement shall
not apply to a rifle, shotgun or licensed firearm carried on the
body of the owner or within such close proximity of the
owner that the owner can retrieve it as quickly and easily as
if it were carried on the owner's body.
E. No person shall dispose of any firearm, rifle, shotgun,
air gun or ammunition in the city.
This prohibition shall not apply to:
(1)A gunsmith or dealer in firearms duly licensed by
the State of New York or the United States;
(2)A person disposing of the same to a gunsmith or
dealer in firearms duly licensed by the State of New York or
the United States;
(3)A person voluntarily surrendering the same in
accordance with the provisions of Section 265.20 of the
Penal Law;
(4)A person disposing of a licensed firearm in
accordance with law;
(5)Disposition by intestate or testamentary bequest;
or
(6)A person disposing of a rifle, shotgun, air gun or
ammunition to a family member.
F.No person shall possess an assault weapon or an
ammunition- feeding device in the city. This prohibition shall
not apply to:
(1)A police officer or peace officer authorized to
possess the same;
(2)A person in the military service of the State of New
York or the United States when duly authorized to possess
the same;
(3)A person voluntarily surrendering the same in
accordance with the provisions of Section 265.20 of the
Penal law; or
(4) A gunsmith or dealer in firearms duly licensed by
the State of New York or the United States for weapons to
be used by police officers or persons in the military service
or for
delivery outside of the city.
G.No person shall dispose of an assault weapon or
ammunition feeding device in the city. This prohibition shall
not apply to:
(1)A person voluntarily surrendering the same in
accordance with the provisions of Section 265.20 of the
Penal Law, or
(2) A gunsmith or dealer in firearms duly licensed by the
State of New York or the United States for weapons to be
used by police offices or persons in the military service or for
delivery outside of city.
H. No person shall carry a firearm, shotgun, rifle or air gun
in the city while such person has
one-tenth of one per centum (1/10 of 1%) or more by weight
of alcohol in the person's blood as shownby
chemical analysis of the person's blood, breath, urine or
saliva.
I. No person shall call a firearm, shotgun, rifle or air gun in
the city while in an intoxicated condition.
J. No person shall carry a firearm, shotgun, rifle or air gun in
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the city while the person's ability to safely carry such
weapon is impaired by the use of a drug.
K.Any person who carries a firearm, shotgun, rifle or
air gun in the city shall be deemed to have given consent to
a breath test and a chemical test of the person's breath,
blood, urine or saliva for the purpose of determining the
alcoholic or drug content of the person's blood, provided that
any test is administered at the direction of a police officer
having reasonable grounds therefor. A chemical test must be
administered within two 92) hours after such person has
been placed under a Test for a violation of this section or
any other law or ordinance involving the use or possession
of a firearm, rifle, shotgun or air gun, or within two (2) hours
after a breath test indicates that alcohol has been consumed
by such person. Upon the trial of. An action Arising
out of an arrest for a violation of Subsection H, I or J of this
section, the court shall admit evidence of the amount of
alcohol or drugs in the blood of the person carring the
firearm, shotgun, rifle or air gun as shown by a test
administered pursuant to this section. Evidence of a refusal
to submit to a chemical test shall be admissible in any trial,
proceeding or hearing based upon a violation of such
subsections, but only upon a showing that the person was
given sufficient warming, unclear and unequivocal language,
of the effect of such refusal and the person persisted in such
refusal.
L.Discharge of weapons; permits.
(1)No person shall discharge an air gun, shotgun,
rifle, assault weapon, machine-gun, submachine gun or a
firearm of any kind or description in the city, except police
officers, peace officers, members of the military and persons
holding permits as in this subsection provided.
(2)The Commissioner of Police is hereby authorized
to grant permits for the discharge of shotguns at clay
pigeons at any particular location or for the discharge of
weapons at target ranges subject to such restrictions and
conditions as the Commissioner mqy deem necessary. Any
person holding such a Permit shall obey all the restrictions
and conditions contained herein.
M. A violation of any provision of this section shall be
punishable by a fine not to exceed one thousand five
hundred dollars ($1,500) or by imprisonment not to exceed
fifteen (15) days, or by both such fine and imprisonment.
N.The provisions of this section are severable, and if
any of its provisions shall be held unconstitutional or
invalid, the decision of the court shall not affect or impair
any of the remaining provisions of the same. It is hereby
declared to be the intention of the Council that this section
would have been adopted had such unconstitutional or
invalid provision not been included herein. If any term or
provision of this section shall be declared unconstitutional,
invalid or ineffective in whole, or in part, by a court of
competent jurisdiction, then to the extent that it is not
constitutional, invalid or ineffective, such term or provision
shall be in force and effect, nor shall such determination
be deemed to invalidate the remaining terms or provisions
thereof.
180-2. Carrying loaded shotgun or rifle [prohibited];
exception[s].
[A. No person, except a duly authorized law enforcement
officer in the performance of his official duties, shall carry a
loaded shotgun or rifle on the city streets or in a public
place.]
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[B. The carrying of such a loaded weapon on the city streets
or public place shall be presumptive evidence of carrying
such weapon with intent to use the same unlawfully against
the person or property of another.]
[C.]Nothing herein contained shall be construed to
prohibit the possession, custody or use of said shotgun or
rifle for the lawful purpose of self-defense or the defense of
others.
180-3. Sale and use of arrows by children.
A.No person shall offer, sell, loan, lease or give
broadhead arrows or broadhead tips, also knownas
"hunting arrows or tips," to any child under the age of sixteen
(16) years.
B.The unlawful use of bows and arrows or other
archery devices and the unlawful possession by a child
under sixteen (16) years of age of broadhead arrows or tips
is hereby declared a nuisance, and said unlawfully used or
possessed archery equipment shall be destroyed as a
nuisance in accordance with law.
[ARTICLE II, Throwing of Missiles; Use of Designated Areas]
180-4. Throwing of missiles prohibited; use of designated
areas required.
No person shall throw stones, snowballs, missiles or other
objects or shoot with or use a bow and arrow or sling or play
at ball in a public place or a private place of assemblage
except as to such public or private places designated for
such use.
ARTICLE [III] LI Open Display or Carrying of Weapons in
Certain Public Buildings
180-5. Legislative findings.
The Common Council, in order to assure the proper
protection, health, safety and welfare of persons lawfully in
the public buildings of the City of Buffalo and in order to
ensure the performance of essential governmental functions
by city employees without threat or intimidation to such
employees or others, finds it to be in the public interest to
prohibit the open display or transport of any weapon in
certain public buildings of the city.
180-6. Definitions.
When used in this Article, the following words and phrases
shall have the meanings herein ascribed to them:
OPENLY CARRY OR DISPLAY -- The possession or
transport by any person of a weapon, as hereinafter defined,
in such a manner that the weapon is visible to persons in the
immediate vicinity, except where such possession or
transportation is consistent with an authorized activity of
function at the specific city building where such possession
occurs.
PERSON -- Any person, except a police officer or a peace
officer.
PUBLIC BUILDING -- The following buildings, structures or
property owned, occupied or operated by the City of Buffalo:
A. City Hall.
B. City Court Building.
C. [Memorial Auditorium] Dunn Tire Park.
D. [War Memorial Stadium] Johnnie B. Wiley Sports
Pavilion.
E. Kleinhans Music Hall.
WEAPON - A firearm, electronic dart gun, gravity knife,
switchblade knife, cane sword, billy, blackjack, bludgeon,
metal knuckles, chuka stick, sandbag, shuriken, sandclub,
slingshot dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol or any other dangerous or deadly instrument
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or weapon.
180-7. Prohibited acts.
No person shall openly carry or display a weapon in any
public building owned, occupied or operated by the City of
Buffalo.
180-8. Surrender and return of weapon.
No person who openly carries or displays a weapon in any
public building shall refuse to surrender such weapon at the
request of any police officer or peace officer. Any weapon so
surrendered shall be returned to such person upon his or her
departure from the public building, provided that the
possession thereof is lawful.
180-9. Possession of illegal weapons.
Nothing contained in this Chapter shall be deemed to
authorize the possession of any weapon, the possession of
which is made unlawful by any other law, statute, ordinance
or resolution.
180-10. Possession of legal weapons.
Nothing contained in this Chapter shall be deemed to
prohibit the possession of any weapon otherwise lawful
under the circumstances herein specified.
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
Michael Risman
Corporation Counsel
NOTE: Matter in brackets[] to be deleted, matter underlined
is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 167
By: Mr. Coppola
BUFFALO UTILITY FRANCHISE AGREEMENTS
Whereas:The City of Buffalo receives payments of
utility taxes under franchise agreements with Niagara
Mohawk, National Fuel Gas and Bell Atlantic; and
Whereas:In fiscal year 1996-97, Buffalo received
$14,861,411 from those three utilities, but in 1997-98, we
received only $14,181,707, a decrease of $679,704 (4.57%);
and
Whereas:The revenues by the end January 1999
were already $4 7' ),5 3 5 behind the revenues for the same
period of the previous year; and
Whereas: This Common Council must know how
revenues to the city are calculated under the existing
franchise agreements and why the
revenues are so drastically declining;
Now, Therefore, Be It Resolved:
That the Comptroller, Corporation Counsel and the
Commissioner of Administration and Finance respond to this
Common Council by appearing before the Legislation
Committee on Tuesday June 6, 2000 to discuss the City of
Buffalo's Franchise Agreements with Niagara Mohawk,
national Fuel Gas and Bell Atlantic and the reasons for the
projected decrease in utility tax revenue.
REFERRED TO THE COMMITTEE ON LEGISLAITON, THE
COMPTROLLER, THE CORPORATION COUNSEL AND
THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 168
By: Mr. Coppola
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CHANGE OF ALTERNATE PARKING TIME
RESTRICTIONS FOR ALTERNATE TYPE I SIGNS
(No Parking 4:00pin Wednesday to 4:00pm Sunday and
4:00pm Sunday to 4:00pm Wednesday)
Whereas:Motorists are encouraged to use public
transportation for the purposes of conserving energy and
mitigating air pollution; and
Whereas:The use of public transportation leads to
less congestion on downtown roads and parking spaces;
and
Whereas:Parking signage requires a vehicle to
move after 4:00pm to the other side of the street; and
Whereas:People who work until 4:00pm or later
and especially those who aid the city by using public
transportation are penalized by parking tickets because they
are unable to go from their jobs to their cars by 4:00pm; and
Whereas:This also creates a problem, more
severe in the summer months, for residents who go on
weekend vacations or who attend a function on a Sunday.
Now, Therefore, Be It Resolved:
That The Department of Public Works change these signs
to indicate new parking restrictions as follows: No Parking
7:00pm Monday to 7:00pm Thursday and No Parking
7:00pm Thursday to 7:00pm Monday.
Be It Further Resolved:
That The Department of Public Works report back to this
council regarding these changes within one month (by June
13, 2000).
Be It Further Resolved:
That these changes are implemented no later than August
31, 2000.
REFERRED TO THE COMMITTEE IN LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 169
By: Ms. Ellington
BROADWAY MARKET
Whereas:The Comptroller's Office recently
competed an audit of the Broadway Market that detailed
numerous problems at the City-owned facility; and
Whereas:The audit faulted market management
for running a deficit of over $200,000 because of poor
management and questionable spending practices; and
Whereas:It was also discovered that $4,000 was
missing from the Market's petty cash account; and
Whereas:Several other expenses were also
questioned by auditors, including business trips and
overspending on advertising; and
Whereas:Poor record-keeping and the Broadway
Market's management teams failure to have proper fiscal
controls in place have added to the seventy of the problems
the Market now faces; and
Whereas:The audit has been referred to the DA's
Office for review and action if necessary; and
Whereas:This review could take a month or more;
and
Whereas:There is an urgent need to locate a new
management team to address the problems and identify
solutions that would guide the Broadway Market back to
financial stability;
Now, Therefore, Be It Resolved:
That the Corporation Counsel advise this Common Council
regarding whatever legal actions that can be taken by the
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City of Buffalo to put a new management team in place to
oversee operations at the Broadway Market. REFERRED
TO THE COMMITTEE ON FINANCE, THE CORPORATION
COUNSEL AND THE COMPTROLLER
NO. 170
By: Mr. Fontana
DISCHARGE COMMITTEE ON LEGISLATION
"W. SILVIS, REQ. SUSPENSION-USE HARD PIPE HVAC
DUCT WK-HAMPTON INN
(#84 C.C.P. MAY 2, 2000)
Mr. Fontana moved that the above item be
recommitted to the Committee on Legislation.
ADOPTED.
NO. 171
By: Mr. Fontana, Mr. Fisher, and Ms. Grant AMEND CITY
ORDINANCE - SOLID WASTE COLLECTION USER FEE
Whereas:The Solid Waste Collection User Fee
was established to fund the public collection of solid waste in
the City of Buffalo; and
Whereas:Pursuant to Section 294.1, Residential
User Fees, Part C, "'All residential user fees are payable in
advance as indicated on the bill" and Part A "If the owner
chooses to pay the quarterly installment, that quarterly
payment must be made within thirty days of the billing date",
and
Whereas:There have been consistent complaints
made to Council offices regarding the added burden of the
User Fee on homeowners, especially low income residents
and senior citizens since its implementation in 1996; and
Whereas:Real property owners are billed
quarterly and required to pay within the first thirty days of
each billing quarter. Even with the quarterly payment
schedule, many User Fee payments are received after the
thirty day deadline, but within the same quarter they are
being billed for; and
Whereas:Currently, if the User Fee is not paid
within thirty days of the billing date, the City of Buffalo will a
add one and one half percent late charge per month daily
until the bill is paid; and
Whereas: Additional time should be given to allow those
willing to pay during the quarter they are being billed for, but
after the current thirty day limit;
Now, Therefore, Be It Resolved:
That the Corporation Counsel investigate the feasibility of
increasing the time for payment of the Solid Waste
Collection User Fee from 10 to 45 days and postponing late
fees and other interest charges for the first 45 days of each
billing period; and
Be it Further Resolved:
That if it is possible, then the Corporation Counsel is
hereby authorized to prepare an ordinance amendment
and/or local law to increase the time for payment of the Solid
Waste Collection User Fee from 30 to 45 days.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 172
By: Mr. Golombek
ALLOW RACE STREET RESIDENTS TO HOMESTEAD
OR ACQUIRE LAND ADDED TO THEIR YARDS BY THE
CONSTRUCTION OF THE NORTHWEST ACADEMY.
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Whereas:Within the construction of the Northwest
Academy, a wall was placed approximately 10 feet back
from the Board of Education property line,
Whereas:these spaces not included within the
walled in boundaries will effectively become additional yard
space for the owners of the following Race Street addresses:
33,37,41,47,51,57,61, while ownership is retained by the
City of Buffalo,
Whereas:these residents will be responsible for
the maintenance of this land as well as the costs associated
with said maintenance,
Whereas:these residents were led to believe that
they would be able to homestead or acquire the concerned
land, which would place this property on the tax rolls,
Now, Therefore, Be It Resolved:
That the Common Council requests that the Board of
Education provide a report detailing their position on this
matter,
Be It Further Resolved:
The Common Council requests that the Division of Real
Estate provide the Common Council a report on the
requirements for the residents to homestead or acquire this
land
Be It Further Resolved
The this Honorable Body requests that the Corporation
Counsel comment on this resolution; and
Be It Finally Resolved:
That all requested reports and policies be filed with the
Common Council, 1308 City Hall, by 2:00pm, Thursday, May
25th 2000.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE BOARD OF EDUCATION, THE
CORPORATION COUNSEL AND THE DIVISION OF REAL
ESTATE.
NO. 172
By: Mr. Golombek
REMEDIATION OF BARRET STREET PLAYGROUND
Whereas:Barret Playground is located at the
South West comer of Page and Race streets in the North
District of the City of Buffalo, and
Whereas:During the construction of the new
Northwest Academy a portion of the Barret Playground,
which included the basketball court, was lost to the new
school site and damage was done to the remaining portion
of the Playground, and
Whereas:The residents in the area surrounding
the Barret Playground have many questions regarding the
future of the playground, including whether the facilities of
the playground will be returned to their original state prior to
the construction of the Northwest Academy.
Now, Therefore, Be It Resolved:
That the Common Council requests that the Buffalo Board
of Education file a report detailing its plans, including a time
frame, for work the Barret Playground, in the City Clerks
Office by 1:00pm May 25th, 2000.
REFERRED TO THE COMMITTEE ON EDUCATION, THE
BOARD OF EDUCATION AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 174
By: Mr. Golombek
WAIVE BLOCK PARTY PERMIT FEE FOR GREAT
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AMERICAN CLEAN UP PARTICIPANT
Whereas:On Saturday, May 200' 2000, the
Sunnyside/Holmes Block club will be holding an area clean
up in association with the Great American Clean Up, and
Whereas:In the City of Buffalo, the Great
American Clean Up not only is a great way to brighten up
communities, it also promotes neighborhood unity, and
Whereas:In conjunction with the clean up, the
Sunnyside/Holmes Block Club will be holding a block party
after the clean up of their area is completed, and
Whereas:The City of Buffalo charges a
processing fee for block party permits.
Now, Therefore, Be It Resolved:
The Common Council encourages the participation of
block clubs in the Great American Clean Up, and supports
waiving of Block Party permit fees for groups that are
involved in the clean up.
PASSED
AYES-13, NOES-0
NO. 175
By: Mrs. Grant
BENNETT HIGH SCHOOL REQUESTING PERMISSION
TO HANG BANNER CROSSING MAIN ST. IN FRONT OF
2885 MAIN.
WHERSAS:Bennett High School will celebrate its
75th Anniversary on September 23rd and 24th 2000;and
WHEREAS:A gala weekend has been planned by
the Bennett High School in recognition of this event; and
WHEREAS:Bennett High School is expecting over
1,500 graduates of the school to return for this event; and
WHEREAS:Bennett High is requesting to hang a
banner in front of the school and across Main Street from
June 15th to July 15'h, 2000 to advertise the event; and
WHEREAS:Permission to hang a banner across a
city street requires the consent of the Buffalo Common
Council; and
NOW, THEREFORE, BE IT RESOLVED THAT:
The Common Council hereby approves the request to
display a banner in front of Bennett High School and
crossing Main Street; and
Subject to any requirements deemed necessary by the
Department of Public Works
BE IT FINALLY RESOLVED THAT:
This consent is given in recognition of the 75th anniversary
of Bennett High School.
PASSED
AYES-13, NOES-0
NO. 176
By: Ms. Gray
DISCHARGE COMMITTEE ON COMMUNITY
DEVELOPMENT CREATION OF SPECIAL ZONING
DISTRICT-FILLMORE AVENUE-BEST TO MAIN ST. (#206
C.C.P. APR 18, 2000)
Whereas The above item is currently in the Committee on
Community Development; 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 oil Community Development from further
consideration of Item 206, C.C.P. April 18, 2000, "Creation of
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Special EDZ-Fillmore Avenue-Best to Main St.", and said
item is now before the Common Council for its consideration.
Seconded by Mr. Fontana
ADOPTED
Ms. Gray now moved that Item No. 206, CCP, April 18,
2000, "Creation of Special EDZ-Fillmore Avenue-Best to
Main St.", be referred to the Committee on Legislation.
No. 177
By: Mrs. LoTempio
ORDINANCE AMENDMENT
CHAPTER 437 - TAXICABS AND LIVERIES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 437-6 of Chapter 437 of the Code of
the City of Buffalo be amended to read as follows:
437-6. License application and issuance; conditions.
A.Application for a taxicab or livery license shall be
made to the Director of Licenses and
Permits by the owner, in writing, duly sworn to, upon forms
to be furnished by said Director, and shall show the owner's
name and address, the motor number and make of the
vehicle, the year manufactured, the New York State license
number attached thereto, the size of the tires used and the
make, type and number or other descriptive designation of
the taximeter, together with an accurate and complete
statement of the color of said taxicab or livery and, if more
than one (1) color, a description of the color design thereof.
An application for a livery license shall indicate if said vehicle
operates through a dispatcher and, if so, the identification of
said dispatcher service. The Director of Licenses and
Permits may require such further information as he deems
necessary.
B.The Director of Licenses and Permits shall cause
the motor vehicle described in the application to be
inspected and the taximeter attached thereto to be tested. If
the motor vehicle is found to be clean and in proper
condition for the safe transportation of passengers and the
taximeter attached thereto, upon test, is found to register
correctly, the Director of Licenses and Permits shall issue a
license for such vehicle, and the taximeter attached thereto
shall be sealed. The [Director of Licenses and Permits]
owner of any licensed taxicab or live shall securely affix to
such licensed taxicab or livery on the outside thereof at the
rear of the vehicle, in a conspicuous place, a metal plate,
showing the number assigned to such taxicab or livery. The
licensing of such vehicle should be subject, however, to the
following conditions:
(1) If it shall appear that the color design stated in the
application for the license of any taxicab or livery, if said
taxicab or livery is of more than one (1) color, or if it appears
at any time, upon inspection of any taxicab or livery, that the
color design thereof is so similar to the color design
of other taxicabs or liveries as to be liable to deceive the
public, then the Director of Licenses and Permits is
authorized to withhold a license to said applicant or to
revoke or suspend the license thereof until the color design
of said taxicab or livery has been changed or altered so as
not to resemble the color design of any other taxicab or
livery operated under separate ownership and so as not to
deceive the public.Any applicant for a license for a taxicab
or livery of more than one (1) color shall be entitled to use
the color design thereof, provided that such applicant
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establishes to the satisfaction of the Director of Licenses and
Permits that such applicant was using said color design
upon his taxicab or livery at the time of the enactment of this
chapter and was the first to continuously use said design in
the City of Buffalo or, in case of a new design, that the same
is not being used by any taxicab or livery owner. After being
licensed, no color design of any taxicab or livery shall be
changed without the written approval of the Director of
Licenses and Permits.
(2) An owner who drives his own cab or livery exclusively
may place the words 66 owner driver" on the outside of the
front doors thereof immediately below the windows in letters
contrasting strongly with the color of the vehicle, not less
than two (2) inches high. However, taxicabs or liveries so
marked must be operated by no one other than the licensed
owner, under penalty of having the license suspended or
revoked.
(3) No person shall drive or operate upon the streets of the
city any passenger automobile with a seating capacity in the
interior thereof for seven (7) or fewer passengers and
registered as an omnibus by the State of New York, while
such vehicle has a taximeter or unusual or distinctive
equipment, device, design, color, numbers or lettering liable
to deceive the public that such vehicle is a licensed taxicab
or livery as above provided, unless such vehicle is duly
licensed under this section. A livery shall not have a dome
light or other lights located on the roof of the vehicle or the
words "taxi," "taxicab" or words of similar import on the
vehicle.
(4) The mileage rates fixed by this chapter shall be
displayed on each taxicab and livery so as to be readily
visible to passengers entering the vehicle. The rates shall be
painted in a contrasting color on both rear doors of all
licensed taxicabs and liveries in lettersand figures which
shall be not less than three-eighths (3/8) of an inch in height.
(5) A taxicab or livery may have advertising billboards,
placards or similar devices, no larger than eighteen (18)
inches high by four (4) feet long, attached securely to the
roof or trunk of the vehicle. The advertising displayed upon
livery vehicles shall not include the words "taxi" or "taxicab"
or words of similar import.
C.No person shall be entitled to or receive a license
for a taxicab or livery by reason of having been
previously convicted of one or more criminal offenses, or by
reason of a finding or lack of good moral character when
such reason is based upon the fact that the applicant has
previously been convicted of one or more criminal offenses,
unless: (a) there is a direct relationship between one or more
of the previous criminal offenses and the personal
transportation for hire industry; or (b) the issuance of the
license would involve an unreasonable risk to property or to
the safety or welfare of specific individuals or the general
public.
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
Michael Risman
Corporation Counsel
NOTE: Matter underlined is new. Matter in brackets to be
deleted
REFERRED TO THE SPECIAL COMMITTEE ON
TAXICABS/LIVERIES
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NO. 178
BY: Mrs. LoTempio
WAIVE FEES FOR CAZENOVIA PARK EVENTS
COMMITTEE
Whereas:The Cazenovia Park Events Committee
has been formed to offer expanded entertainment
opportunities in Cazenovia Park; and
Whereas: This committee is composed of
volunteers representing both the public and private sectors
as well as community based organizations including the City
of Buffalo, the South Buffalo Business Association, and
South
Buffalo Block Clubs; and
Whereas:The Caz Park Events Committee has
planned several events throughout the summer
including; Sunday in the Park on July 23rd, with July 22nd,
as set-up date, an Irish Festival, Fall Festival, Christmas in
the Park, and Tree Trimming, dates to be announced; and
Whereas: These events will provide the opportunity to
enjoy free family fun in a beautiful Olmsted Park setting,
heighten our community's appreciate for our parks and
benefit the residents of Buffalo; and
Whereas: The committee is planning to hold these and
additional community based events on an annual basis in
Cazenovia Park; and
Whereas:The Cazenovia Park Events Committee
has requested a waiver of all city fees associated with
conducting the events including, the bandshell, street
closings, and the cost of any permits.
Now Therefore Be It Resolved:
That this Honorable Body authorize a waiver of all fees
associated with the Cazenovia Park Events Committee's
series of events to be held in Cazenovia Park, throughout
the year 2000.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 179
By: Councilmember Mary M. Martino
EXCLUSIVE USE OF CENTRAL PARK LUMINARIES IN
OLMSTED PARK SYSTEM
Whereas: The City is proud of its landscape heritage and
the legacy of the Frederick Law Olmsted Parks System
designs; and
Whereas:The Olmsted Park System is one of
Buffalo's community jewels; in addition to Preserving and
protecting the Olmsted Park System, we should showcase it
so thatboth residents and visitors can attain maximum
enjoyment from it; and
Whereas:One way to showcase our Olmsted Park
system would be to utilize the Central Park Luminaries
exclusively in the Olmsted Parks and the surrounding
parkway systems; and
Whereas:In addition to serving as a unique and
identifying factor, the Central Park Luminaries would offer
uniformity and consistency to the Olmsted Parks
andparkway systems; and
Whereas:Daniel T. Durawa, Commissioner of
Human Services, Parks & Recreation, and Deborah Ann
Trimble, Executive Director of the Olmsted Conservancy, are
in full support of the exclusive use.
Now, Therefore, Be It Resolved:
That in order to maintain a consistent identity for the
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Frederick Law Olmsted Park system, the use of Central Park
Luminaries be restricted to the Frederick Law Olmsted Park
system and surrounding parkway systems.
ADOPTED
NO. 180
By: Mrs. Martino and Mr. Brown
Task Force to Investigate Use of Surveillance Cameras
to Prevent Illegal Dumping
Whereas: The City of Buffalo spends hundreds of
thousands of dollars annually to clean up materials that are
dumped illegally on City streets, in City parks, and in other
public areas throughout our community; and
Whereas:In addition to damaging City property,
illegal dumping is an affront to the residents who are
unfortunate enough to find that debris has been illegally
placed on their streets, near their properties, and in our
parks; and
Whereas:Illegal dumping results in various costs
for the City of Buffalo, including costs to identify, apprehend,
and prosecute those responsible, costs to clean up these
materials and repair damage to City property, and costs to
prevent future illegal dumping; and
Whereas: The use of portable surveillance
cameras would be a useful tool in the City's efforts to prevent
illegal dumping and the costs associated with it. These
cameras would provide crucial visual evidence that the City
could use to identify, apprehend, and prosecute those
responsible for this illegal dumping; and
Whereas: These surveillance cameras, especially if their
existence was well publicized, could also serve as a
deterrent to those who would engage in this destructive act;
Now, Therefore, Be It Resolved:
That this Common Council authorizes the establishment of
a Task Force to investigate the implementation of a program
that would utilize portable surveillance cameras to protect
our City from those who would engage in illegal dumping;
and
Be It Further Resolved:
That this Task Force include representatives from the
Buffalo Police Department, the Department of Streets and
Sanitation, the Department of Public Works, Division of
Budget, Division of Planning and the Common Council; and
Be It Finally Resolved:
That this Task Force must present a report to this Honorable
Body before July 25, 2000.
REFERRED TO THE COUNCIL PRESIDENT
No. 181
By: Mr. Pitts
ESTABLISH SMALL BUSINESS
DEVELOPMENT PROGRAM AT THE APOLLO
TELECOMMUNICATIONS CENTER
WHEREAS:The recent debate concerning the
adequacy of the New York State Economic Development
Zone has focused questions around the need to provide
more assistance to small businesses; and
WHEREAS:The Buffalo Economic Renaissance
Corporation (BERC) has a number of exciting programs to
assist small business development and expansion. However,
these programs do not adequately address the needs for
high risk minority and entrepreneurial businesses; and
WHEREAS:The BERC is presently evaluating
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various small business assistance programs sponsored
through the city, state, and federal government. This effort is
designed to develop a new high risk program; and
WHEREAS:There is also a need to develop a
one-stop Small Business Resource Development Program
for the City of Buffalo.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council supports the development of a
new Small Business Development and Resource Program;
and
BE IT FURTHER RESOLVED:
That the Common Council requests the BERC to submit a
plan to provide more assistance to small business; and
BE IT FINALLY RESOLVED:
That the Common Council designate the Apollo
Telecommunications Center as the location for the new
program.
ADOPTED
NO. 182
By: Mr. Pitts
PAYMENT PURSUANT TO TCI AUDIT
Whereas:Last month, Adelphia submitted a check
to the City of Buffalo for the amount of $652,075.59 in
payment of unpaid fees incurred by its precedessor, TC1 of
New York; and
Whereas:This payment reflects money owed to
the City by TC1 due to underpaid PEG Access and
Franchise Fees, as identified by audits conducted by the
Public Service Commission and Comptroller's Office, plus
interest; and
Whereas:Although the underpayments occurred
under the operation of TCI Adelphia assumed responsibility
for them as part of the agreement that transferred the
franchise in 1998;
Therefore be it resolved:
That the $652,075.59 paid by Adelphia (check # 498133)
be deposited into the City's trust and agency account for
PEG Access; and
Be it further resolved:
That these funds be used for additional cable TV
hook-ups, equipment to install the City's Instutional Network
and other cable TV related expenses, subject to the approval
of the Common Council; and
Be it further resolved:
That the Comptroller and New York State Public Service
Commission be requested to verify that the $652,075.59 was
the full and proper amount owed to the City.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 183
By: Mr. Pitts
POSSIBLE SECOND CABLE TV FRANCHISE
Whereas:American Broadband Inc., a newly
formed communications company based in Massachusetts,
has expressed serious interest in building a second cable TV
franchise in the City of Buffalo; and
Whereas:American Broadband is considering the
construction of an all-digital hybrid fiber coax network that
would provide 860 MHz of bandwidth; and
Whereas: In addition to traditional TV
programming, this system would include the provision of new
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services such as video telephony; and
Whereas:While such cable TV "overbuilds" have
been relatively rare, the continuing demand for greater
bandwidth has apparently convinced American Broadband
that constructing second cable systems may be viable in
eastern American cities like Buffalo, Rochester, Syracuse,
Norfolk, Pittsburgh, and Cincinnati; and
Whereas:If it is constructed, this network would
create true competition for cable TV services that will
certainly benefit Buffalo's consumers in terms of price and
services;
Therefore be it resolved:
That the Communications Division of the New York State
Public Service Commission and the City's Office of
Telecommunications be requested to comment the American
Broadband proposal; and
Be it further resolved:
That representatives from American Broadband be invited
to come to Buffalo to make a formal presentation to the
Telecommunications Committee.
REFERRED TO THE COMMITTEE ON
TELECOMMUNICATIONS, THE OFFICE OF
TELECOMMUNICATIONS, THE PUBLIC SERVICE
COMMISSION AND THE AMERICAN BROADBAND INC.
NO. 184
By: Mr. Pitts
RESTORATION OF EDUCATION CLASSES
CORNERSTONE MANOR
WHEREAS:Cornerstone Manor, a homeless shelter
for women was a site for education classes for the children
of homeless women under the auspices of the Board of
Education; and
WHEREAS:This essential service was provided for
nine years. The Board of Education funded the teacher's
salary and additional resources were donated; and
WHEREAS:The classes at Cornerstone Manor
provided education for at risk homeless children whose
mothers were in transition; and
WHEREAS:The New York State Education
Department and the Buffalo Board of Education are
mandated through federal legislation to provide social
services to homeless adults, children and youth. The
McKinney Act also specifies that a plan -be provided to
deliver these services. TheBoard of Education as the "
local educational agency" has a requirement to continue the
child's or youth's education in the school district; and
WHEREAS:The New York State Education
Department discontinued the educational program the
Cornerstone Manor, purportedly because it was in violation
of state and federal law; and
WHEREAS:The continued provision of educational
services to homeless women, children and youth at
Cornerstone Manor and the City of Buffalo is essential to
health and well - being of the community.
NOW, THEREFOR BE IT RESOLVED:
That the Common Council requests a report from the
Board of Education concerning the termination of
educational services at Cornerstone Manor; and
BE IT FURTHER RESOLVED:
That the Buffalo Board of Education provide-its plan for the
provision of educational services to homeless adults,
children and youth; and
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BE IT FINALLY RESOLVED:
That the Common Council requests the Board of Education
to develop a plan for restoring educational services to the
Cornerstone Manor.
REFERRED TO THE COMMITTEE ON EDUCAITON
NO. 185
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 Alwin O'Donnell By Councilmember
FONTANA, PITTS, MARTINO, MICHAUX
Felicitation for Michelle Stevens By All Councilmembers
Felicitation for American Muslim Council By Councilmember
PITTS, MICHAUX III
ADOPTED
NO. 186
By: Ms. Barbara Miller-Williams
PERMISSION TO HANG BANNERS ON CHIPPEWA
STREET
Whereas:IVOCLAR, North America, Inc. is the
leading North American manufacturer and distributor of
esthetic dental materials; and
Whereas:IVOCLAR, North America, Inc. sponsors
many activities in the Western New York area, including
bringing over 2,000 dental professionals to the Western New
York area each year; and
Whereas:IVOCLAR, Inc. will host their
International Sales Convention in Buffalo, New
York from May 31, 2000 through June 4, 2000. This event is
their National Dental Conference, "The Esthetic
Revolution.... Takin It to the Streets" and will host over 200
individuals internationally; and
Whereas:IVOCLAR, North America, Inc. would
like to promote their convention by hanging flag-like banners
on Chippewa Street from Franklin to Main Street. The
convention members will have dinner and patronize the
Chippewa Street businesses on Friday, June 2, 2000.
Now, Therefore, Be It Resolved:
That this Common Council grants permission to IVOCLAR,
North America, Inc. to hang flag-like banners on Chippewa
Street between Main Street and Franklin Street to promote
their National Dental Conference as long as they meet all
requirements of all pertinent city departments and violate no
existing laws or ordinances.
PASSED
AYES-13, NOES-0
NO. 187
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:
JEROME W. DIXON,SR.
MICHAEL L. LE CASTRE
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ANGELO N. PROVCOZANO
MICHAEL K. DEELY
BARBARA J. CRIBBS
MICHAEL LO CURTO
MARY RITA MILLER
RICHARD J. NASHWINTERJI
AMY L. WHITE
MARGARET SZCZYGIEL
JEANNE L. RYAN
SARA LIN RYAN
ROBERT JOHN CONICLIO
THOMAS M. AGOSTINO
BETTY GIOLANDO
ADOPTED
NO. 188
BY: BARBARA A. WILLIAMS
APPOINTMENTS
COMMISSIONER OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed
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
WENDY A. NOBILE
JOHN M. ABRAHAM
LORETTA MITCHELL
WANDA OSBORNE
ADOPTED
NO 189
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Council Chambers, 13TH Floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Civil ServiceTuesday, May 23, 2000 at 9:30 o'clock
A.M.
Finance Tuesday, May 23, 2000 following Civil Service
Legislation Tuesday, May 23, 2000 at 2:00 o'clock P.M.
Comm. Dev.Wednesday, May 24, 2000 at 10:00
o'clock A.M.
Special Committees:
Police Reorganization Committee Wednesday, May 24,
2000 at 2:00 o'clock P.M.
NO. 190
ADJOURNMENT
On a motion by Mrs. Lotempio, seconded by Mrs. Gray, the
Council adjourned at 4:53P.M.
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