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00-0222.txt
No. 4
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 22, 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
Charley H. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
KAREN ELLINGTON - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
DOMINIC J. BONIFACIO JR. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Barbara Miller-
Williams, Chairman, Charley H. Fisher III, Karen Ellington,
Betty Jean Grant, Mary M. Martino
CLAIMS COMMITTEE: Betty Jean Grant, Chairman,
Alfred T. Coppola, Barbara Miller-Williams, Mary M. Martino,
Richard Fontana
COMMUNITY DEVELOPMENT COMMITTEE: Beverly
Gray Chairman, Joseph Golombek, Berry Jean Grant,
Charley Fisher, Karen Ellington, Dominic Bonifacio, Byron
Brown
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FINANCE COMMITTEE: Byron Brown, Chairman,
Mary Martino, Barbara Miller-Williams, Alfred T. Coppola,
Karen Ellington, Charley Fisher III
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Rosemarie LoTempio, Byron Brown, Beverly
Gray, Dominic Bonifacio Jr., Joseph Golombek
RULES COMMITTEE: James W. Pitts, Chairman
Alfred T. Coppola, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Richard A. Fontana,
Chairman, Beverly Gray, Dominic Bonifacio Jr., Joseph
Golombek Jr., Charley H. Fisher III, Karen Ellington
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Betty J. Grant, Richard A. Fontana, Beverly
Gray, Barbara Miller-Williams
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, James W. Pitts, Byron Brown , Alfred T. Coppola,
Richar A. Fontana, Mary M. Martino
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Dominic Bonafacio Jr., Charley Fisher III,
Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Charley H.
Fisher III, Chairman, Karen Ellington, Barbara Miller-
Williams, Mary M. Martino, Dominic J. Bonafacio Jr.
CORPORATION PROCEEDINGS
FROM THE MAYOR
NO. 1
APPOINTMENT OF MEMBER TO THE
ARTS & CULTURAL FUNDING ADVISORY COMMITTEE
Pursuant to the powers vested in me by Chapter 6, Article
V, Section 6-30 of the Buffalo Code, I hereby appoint the
below listed person, as a member of the Arts & Cultural
Funding Advisory Committee for a term commencing
immediately and expiring January 9, 2003
Scott L. Sroka54 Crescent Avenue Buffalo,
14214
Scott is a graduate of Canisius College and Notre Dame
Law School. He is an attorney with the prestigious law firm of
Phillips, Lytle, Hitchcock, Blaine & Huber LLP. Mr. Sroka
was a volunteer law student clerk in the office of the Hon.
William M. Skretny, United States District Court, Western
District of New York. He is active in many community
activities, such as Shakespeare in Delaware Park where he
is on the Board of Directors; a member of the Board of
Directors of The New Millennium Group of Western New
York, Inc., etc. Scott also received many honors, both from
college and law school.
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I hereby certify that the above named individual is fully
qualified to serve as a member of the Arts & Cultural
Funding Advisory Committee.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 2
BUFFALO URBAN RENEWAL AGENCY
FINANCIAL STATEMENTS AND SUPPLEMENTARY
INFORMATIONYEAR ENDED JUNE 30, 1999
This is to advise that a copy of the Buffalo Urban Renewal
Agency Financial Statements and Supplementary
Information for the year ended June 30, 1999 has been
delivered to each Councilmember, the Common Council
Chief of Staff, the City Clerk, the Mayor, Commissioner of
Administration and Finance, and to certain staff of the
Buffalo Urban Renewal Agency.
Pursuant to amendments of Section 35 of the General
Municipal Law, which took effect January 1, 1989, Your
Honorable Body may, in its discretion, provide to the State
Comptroller and file with the City Clerk a written response to
the findings and recommendations in this report no later than
ninety days after its receipt, or May 10, 2000.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 3
CERTIFICATE OF DETERMINATION
$7,000,000 BOND ANTICIPATION
NOTE SALE
CERTIFICATE OF DETERMINATION BY THE
COMPTROLLER RELATIVE TO AUTHORIZATION, SALE,
ISSUANCE, FORM AND CONTENTS OF A $7,000,000
BOND ANTICIPATION NOTE-2000A (TAX-EXEMPT) OF
THE CITY OF BUFFALO, NEW YORK.
The Bond Anticipation Notes were sold by private
placement through Roosevelt & Cross, Inc., New York, New
York as Placement Agent. The Bond Anticipation Notes will
be dated February 23, 2000 and will bear interest at the rate
of (5.50%) per annum, payable on November 15, 2000.
The Bond Anticipation Notes will be delivered and shall be
paid for on or about February 23, 2000 in New York, New
York.
An Information Statement and the City's Official Statement
dated December 2, 1999 may be obtained from the offices of
the independent financial advisor to the City, Government
Finance Associates, Inc. of New York, in New York City, at
(212) 809-5700, or the office the of the Comptroller, Room
1225 City Hall, Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED
NO. 4
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify, pursuant to Section
42 of the Charter, that it is necessary that the sum of $2,871
be transferred and reappropriated within the Department of
Fire, as set forth below:
From:
General Fund
12132001- Fire Fighting Services
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411001 - Salaries Annual$2,871
To:
General Fund
12131006 - Fire Administrative Services
432003 - Legal Services$2,871
Dated: Buffalo, NY, February 14, 2000
RECEIVED AND FILED
NO. 5
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND COUNCIL OF SENIOR CITIZEN CLUBS
OF BUFFALO AND ERIE COUNTY FOR USE OF ROOM
510 CITY HALL
ITEM NO. 13, C.C.P. 3/18/97 AND
ITEM NO. 13, C.C.P. 5/26/98
Pursuant to the above referenced items, Your Honorable
Body authorized to renew the lease agreement between the
City of Buffalo and the Council of Senior Citizen Clubs of
Buffalo and Erie County for use of Room 510 City Hall, 65
Niagara Square, Buffalo, New York. This lease was
approved for a three-year period commencing on April 1,
1997 and expiring March 31, 2000.
The Comptroller's Office, Division of Real Estate has
received a letter from the Council of Senior Citizen Clubs of
Buffalo and Erie County requesting to renew their lease
agreement under the same terms and conditions. The lease
renewal shall be for a three-year period to commence on
April 1, 2000 and expire on March 31, 2003.
This office recommends that Your Honorable Body renew
their present lease agreement for a three-year period
commencing on April 1, 2000 and expiring on March 31,
2003. 1 am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary
documents to renew said lease and that the Mayor be
authorized to execute the same.
Mrs. Lotempio:
That the above communication from the Comptroller dated
January 31, 2000, be received and filed, and
That the Comptroller be, and he hereby is authorized to,
renew the lease between the City and the Council of Senior
Citizens Clubs of Buffalo and Erie County, for use of Room
510 City Hall, 65 Niagara Square for a three (3) year term
commencing on April 1, 2000 and expiring March 31, 2003.
That the Corporation Counsel be authorized to prepare the
necessary lease and that the Mayor be authorized to
execute the same.
PASSED
Ayes -12 Noes-0
NO. 6
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND CENTRAL REFERRAL SERVICE, INC.
FOR USE OF 24TH FLOOR OF CITY HALL, 65 NIAGARA
SQUARE
ITEM NO. 4, C.C.P. 1/26/99 AND ITEM NO. 133, C.C.P.
2/9/99
Pursuant to the above referenced items, Your
Honorable Body authorized a one (1) year lease agreement
between the City of Buffalo and the Central Referral
Services, Inc. for use of the 24th Floor of City Hall, 65
Niagara Square. This lease was for the period of April 1,
1999 through March 31, 2000.
Their present lease states that Central Referral Services,
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Inc. may renew this lease for a twelve (12) month term by
mutual agreement of the both parties and subject to
additional funding by the Erie County Division of Youth JP
PINS/JD Diversion Funds. The Comptroller's Office, Division
of Real Estate, has received a request from Douglas W.
Frank, Executive Director of Central Referral Service, Inc. to
renew their lease under the same terms and conditions as
their present lease.
This office recommends that Your Honorable Body renew
their present lease agreement for an additional twelve- (12)
month term to commence on April 1, 2000 and expire March
31, 2001. I am further recommending that Your Honorable
Body authorize the Corporation Counsel to prepare the
necessary documents to renew said lease and that the
Mayor be authorized to execute the same.
Mrs. Lotempio Moved:
That the above communication from the Comptroller dated
January 31, 2000, be received and filed; and
That the Comptroller be, and he hereby is authorized to
renew the lease between the City and the Central Referral
Services, Inc., for use of the 24th Floor of City Hall, 65
Niagara Square for an additional twelve (12) month term to
commence on April 1, 2000 and expiring March 31, 2001.
That the Corporation Counsel be authorized to prepare the
necessary lease and that the Mayor be authorized to
execute the same.
PASSED
Ayes-12, Noes-0
NO. 7
USE AGREEMENT 166 DART - NATIONAL FUEL
ITEM NO. ITEM NO.15, C.C.P. 12/28/99
This communication is being filed to inform Your
Honorable Body on how the rental figure of $50,000 was
arrived at for the agreement between the City of Buffalo and
National Fuel for use of a portion of 166 Dart Street.
The Division of Real Estate was first informed National
Fuel that they are required by the D.E.C. to install a
monitor/recovery well system adjacent to the creek. As a
result National Fuel is requesting an agreement to allow
them to place the system in the Dart Street property. This
matter was forwarded to Parking Violations and
Administration Finance for their review.
The Dept. of Public Works advised the Division of Real
Estate of priority expenditure cost for necessary repairs to
166 Dart (re-roof building - $150,000 and 2 nd Floor heating
system - $61,841) in the amount of $211,841 and
subsequently these figures were relayed to National Fuel.
Upon review of these figures National Fuel advised this
office that they wish to occupy space at 166 Dart equivalent
to three parking spaces for five years and compensate the
City accordingly. National Fuel offered a single payment of
$15,000 for these spaces during that time.
After discussions with Parking Enforcement and Public
Works it was determined that National Fuel's offer was
unacceptable. Parking Enforcement indicated that they
presently receive $9.00 per day per space for auto storage, if
they were reimbursed that would calculate to $49,275 (3
spaces @ $9.00 = $27.00 per day x 365 days x 5 years).
Parking Enforcement also indicated that in order to facilitate
the construction and extensive drilling as indicated, they
would also have to clear approximately 40 to 50 spaces for
one month (50 spaces @ $9.00 = $450 x 30 days =
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$13,500.00). Furthermore, there are other considerations
that include but not limited to the clearing and moving of
vehicles, two truck operators, overtime costs, etc. Parking
Enforcement indicated that a single payment of $75,000
would be acceptable.
National Fuel was informed of the above and requested
the consultant to minimize the economic impact of their
system on our operations. They proposed to reduce the
footprint of their system from three parking spaces to two for
5 years and request 50 spaces for 15 days during
construction. Therefore, using Parking Enforcement's $9.00
per day rate as guide, National Fuel increased its offer to
$35,000 to fairly compensate the City for lost parking
spaces. After further negotiations it was agreed upon that
National Fuel would pay $50,000 providing the Common
Council and the Mayor approved of this agreement.
National Fuel has informed this office that they want to pay
$8,650 + $6,750 (construction period) -$15,400 in the first
year and subsequent annual installments of $8,650 for next
four years. National Fuel has indicated that they have
investigated the possibility of increasing the amount of the
first year installment to $25,000. However, upon review of
their annual 0 & M costs for this project, they are unable to
do so. The Division of Parking Enforcement and the
Department of Administration and Finance have informed
this office that they prefer to have a one-time lump sum
payment.
I hope that this communication answers all of your
questions, if not please do not hesitate to contact this office.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
CERTIFICATE OF APPOINTMENT
STATUS CHANGE ONLY
Appointment Effective February, 2000 in the Department of
AUDIT AND CONTROL Division of DATA PROCESSING to
the Position of COMPUTER PROGRAMMER
PROVISIONAL at Starting Salary of: $41379.
MICHAEL SZUKALA 38 TIOGA STBUFFALO, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 9
NOTIFICATION SERIAL #9173
NO STANDING - REPEAL
ON MILITARY ROAD, EAST SIDE
FROM A POINT 10' NORTH OF THE NORTH BUILDING
LINE
OF 573 MILITARY ROAD AND 125' SOUTH THEREFROM
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO STANDING
PROHIBITED
PORTION OF HIGHWAY PROHIBITED PERIOD
Military Road, east side At All Times
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from 10' north of the north building line
of 573 Military Road to 125' south therefrom
This action is being taken in conjunction with the
reconstruction of Military Road. It is prompted due to
on-going problems with construction vehicle parking involved
with the construction of the new Northwest Academy. (see
next serial)
NOTIFICATION SERIAL #9174
INSTALL NO STANDING ON MILITARY ROAD,
EAST SIDE BETWEEN RACE STREET AND LAYER
AVENUE
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 that following: NO STANDING
PROHIBITED
PORTION OF HIGHWAY
MILITARY ROAD, EAST SIDE
BETWEEN RACE STREET AND LAYER AVENUE
PROHIBITED PERIOD
At all times
This action is being taken in conjunction with the
reconstruction of Military Road. It is prompted due to
on-going problems with construction vehicle parking involved
with the construction of the new Northwest Academy. (see
previous serial)
RECEIVED AND FILED
NO. 10
REPORT OF BIDS
REPLACEMENT OF HVAC EQUIPMENT
NORTHWEST BRANCH LIBRARY
I advertised for on January 11, 2000 and received the
following sealed formal proposals for the Replacement of
HVAC Equipment, Northwest Branch Library, which were
publicly opened and read on February 11, 2000.
R P Mechanical $82,999.00
Coleman Mechanical$91,680.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that R P Mechanical, in
the amount of Eighty Two Thousand Nine Hundred Ninety
Nine and 00/100 Dollars ($82,999.00) is the lowest
responsible bidder in accordance with the plans and
specifications.
Total estimate for this work was $84,000.00.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are to be charged
to CPF 30334206 445100 and CPF 30336606 445100 -
Division of Buildings.
Mrs. Lotempio Moved:
That the above communication from the Commissioner of
Public Works dated February 16, 2000, be received and
filed; and
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That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for the Replacement of
HVAC Equipment Northwest Branch Library, to R P
Mechanical, the lowest responsible bidder, in the amount of
$82,999.00. Funds for the project are available in CPF
30334206 445 100 and CPF 30336606 445 100 - Division of
Buildings.
PASSED
AYES -12 NOES - 0
NO. 11
REPORT OF BIDS
SHEA'S PERFORMING ARTS CENTER
HOUSE ELECTRICAL REWIRING
I advertised for on January 25, 2000 and received the
following sealed formal proposals for Shea's Performing Arts
Center, House Electrical Rewiring, which were publicly
opened and read on February 15, 2000.
Base BidAlt E-1Alt E-2Alt E-3
Alt E-6
CIR
Electrical $277,200 $6,250$2,250$13,000
$3,250
Frey Electric $423,000 $2,500$4,950$25,200 $4,000
Alternate E-1 is to rewire existing recessed down lights back
to the Dimming Terminal Board. Alternate E-2 is to
disconnect and remove existing electrical equipment
Alternate E-3 is to rewire existing fixtures, including wire and
lamp sockets and lamps to match existing. Alternate E-6 is
to rewire the Office Area on the Third/Fourth Floor
I hereby certify that the foregoing is a true and correct
statement of all bids received and that CIR Electrical
Construction, with a Base Bid of $277,200, add Alternate E-1
for $6,250, add Alternate E-2 for $2,250, add Alternate E-3
for $13,000, add Alternate E-6 for $3,250, for a total amount
of Three Hundred One Thousand Nine Hundred Fifty and
00/100 Dollars ($301,950.00) is the lowest responsible
bidder in accordance with the plans and specifications.
Total estimate for this work was $304,000.00.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the
basis of the low bids. Funds for this work are to be charged
to CPF 39232006 445100 - Division of Buildings.
Mrs. Lotempio moved:
That the above communication from the Commissioner of
Public Works dated February 16, 2000, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Shea's Performing Arts
Center, House Electrical Rewiring, to CIR Electrical
Construction, the lowest responsible bidder, with a Base Bid
of $277,200, add Alternate E-I for $6,250, add Alternate E-2
for $2,250, add Alternate E-3 for $13,000, add Alternate E-6
for $3,250, for a total amount of $301,950.00. Funds for the
project are available in CPF 39232006 445 100 - Division of
Buildings.
PASSED
AYES -12 NOES - 0
NO. 12
CHANGE IN CONTRACT
MAIN TUPPER POLICE PRECINCT
GENERAL CONSTRUCTION
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I hereby submit to Your Honorable Body the following
changes for the Main Tupper Police Precinct, General
Construction, C. Nichter Inc., C #91994200.
1. Changes made in 17 architectural precast base panels
and bullnose pieces for interior stairway. Add $ 5,836.00
2. Changes in masonry and installation of precast concrete
base at interior stairwell. Add $37,950.00
3. Credit for changes in steel framing. Deduct$16,560.00
The foregoing change results in a net increase in the
contract of Twenty Seven Thousand Two Hundred Twenty
Six and 00/100 Dollars ($27,226.00).
Summary: Current Contract Amount $2,959,714.00
Amount of This Change Order (#3) Add $ 27,226.00
Revised Contract Amount $2,986,940.00
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 34320206 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 February 10, 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 C. Nichter Inc.,
an increase in the amount of $27,226. 00, as more fully
described in the above communication, for work relating to
Main Tupper Police Precinct, General Construction, C
#91994200. Funds for this project are available in CPF
34320206 445100 Division of Buildings.
PASSED
AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON,
FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
WILLIAMS-10,
NOES-FISHER, PITTS-2
NO. 13
CHANGE IN CONTRACT
RIVERSIDE COMMUNITY CENTER RENOVATIONS
I hereby submit to Your Honorable Body the following
changes for the Riverside Community Center Renovations,
Jameson Roofing, C #92001008.
1 . Installation of structural glazed facing tile in the men's
and women's toilet facilities.Add $7,245.00
2. Patch, repair and paint existing soffit around Community
Center Building. Add $ 6,555.00
3. Credit for roof deck repair allowance not required.
Deduct $ 5,000.00
The foregoing change results in a net increase in the
contract of Eight Thousand Eight Hundred and 00/100
Dollars ($8,800.00).
Summary: Current Contract Amount$ 367,800.00
Amount of This Change Order (#1)$ 8,800.00
Revised Contract Amount $ 376,600.00
These changes could not be foreseen at the time contract
was let. Costs have been reviewed by the Consulting
Architect (Ronald W. Bugaj, Architect) and the Department
of Public Works and found to be fair and equitable. Funds for
this work are available in CPF 30341006 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the
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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 February 16, 2000, be received and
filed; and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 1, to Jameson
Roofing, an increase in the amount of $8,800.00, as more
fully described in the above communication, for work relating
to Riverside Community Center Renovations, C992001008.
Funds for this project are available in CPF 30341006 445100
Division of Buildings.
PASSED
AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON,
FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
PITTS, WILLIAMS-11
NOES-FISHER-1
NO. 14
CHANGE ORDERS
As requested by the Common Council, the following is a
re-cap of change orders submitted from January 1, 1999 to
December 28, 1999.
Meeting of 1/12/99 -None filed.
Meeting of 1/26/99:
Reconstruction of 118 E. Utica - Phase II General
Construction - Dreamco Development Corp. Change Order
#1 - Deduct ($1,350.00) - Approved Item #15 of 1/26/99
Meeting of 2/9/99:
City Court Exterior Reconstruction - General Construction -
Almeter-Barry Constr. Management, Inc. Change Order #4 -
Add $23,450.00 - Approved Item #17 of 2/9/99
Shea's Stage Expansion - Contract #109 - Carpentry -
Boxhorn's - Division of Huber Construction Add $2,728.00 -
Approved Item #18 of 2/9/99
Shea's Stage Expansion - Contract #102 - Demolition - USA
Remediation Services, Inc. Add $10,582.00 - Approved Item
#19 of 2/9/99
Shea's Stage Expansion - Contract #119 - Electrical - Frey
Electric Construction Co., Inc. Deduct ($18,650.00) -
Approved #20 of 2/9/99
Shea's Stage Expansion - Contract #117 - Fire Protection -
Allied Fire Protection Systems, Inc. Add $6,780.00 -
Approved Item #21 of 2/9/99
Shea's Stage Expansion - Contract #103 - General
Construction - C.H. Byron Co., Inc. Add $97,075.00 -
Approved Item #22 of 2/9/99
Shea's Stage Expansion - Contract #118 - HVAC Work -
Joseph Davis, Inc. Add $4,021.00 - Approved Item #23 of
2/9/99
Shea's Stage Expansion - Contract #104 - Masonry - Alpha
Masonry Construction Company Add $23,814.00 - Approved
Item #24 of 2/9/99
Shea's Stage Expansion - Contract #116 - Plumbing - A.
Gareleck & Sons, Inc. Add $22,509.00 - Approved Item #25
of 2/9/99
Shea's Stage Expansion - Contract #106 - Misc. Metals - Alp
Steel Corp. Add $13,336.00 - Approved Item #26 of 2/9/99
Shea's Stage Expansion - Contract #112 - Rigging - J.R.
Clancy, Inc. Deduct ($1,629.00) - Approved Item #27 of
2/9/99
Shea's Stage Expansion - Contract #105 - Structural Steel -
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Alp Steel Corp. Add $91,566.00 - Approved Item #28 of
2/9/99
Shea's Stage Expansion - Contract #111 - Wall Finishes -
Sigma Painting of NY, Inc.
Add $3,405.00 - Approved #29 of 2/9/99
Meeting of 2/23/99:
Buffalo & Erie County Historical Society Heating System -
Colgate Industries
Add $3,130.00 - Approved Item #22 of 2/23/99
Reconstruction Curbs/Sidewalks - 1998-Gr. 474 - C.Destro
Development, Inc.
Change Order #2 - Add $40,073.93 - Approved Item #23 of
2/23/99
Meeting of 3/9/99:
Petroleum Bulk Storage Compl. Upgrade-Phase
I-Parks/Fire-Kimmins Construction Corporation
Add $20,500.00 - Approving Item #103 of 3/9/99
Apollo Theater Reconstruction - Plumbing Work - Elmwood
Plumbing
Change Order #1 - Add $4,908.78 - Approved Item #25 of
3/9/99
Kleinhan's Music Hall Reconstruction - Phase 7 - Gen.
Construction - All State Development, Inc.
Change Order #1 - Add $47,056.85 - Approved Item #26 of
3/9/99
Meeting of 3/23/99:
Erie Basin Marina - Phase VI - Electrical - Donald J. Braasch
Construction Company, Inc.
Change Order #1 - Add $35,100.00 - Approved Item #10 of
3/23/99
Meeting of 4/6/99:
Apollo Theater Reconstruction/General Construction - C.
Nichter, Inc.
Change Order #1 - Add $161,840.00 - Approved Item #29 of
4/6/99
Polonia Hall Reconstruction/Mechanical - Mollenberg Betz,
Inc.
Change Order #2 - Add $986.00 - Approved Item #30 of
4/6/99
Meetinci of 4/20/99:
Riverside Ice Rink - Condenser Work - John W. Danforth Co.
Change Order #1 - Add $150.00 - Approved Item #20 of
4/20/99
Meeting of 5/4/99:
Petroleum Bulk Storage Compl/Upgrade/Phase I/Parks
Garage/Fire - Kimmins Constr Corp.
Change Order #2 - Add $14,950.00 - Approved Item #19 of
5/4/99
Roof Reconstruction - Engine #37 - 500 Rhode Island Street
- All Weather Contractors
Change Order #1 - Add $4,949.00 - Approved Item #20 of
5/4/99
Repairs to City Pavements - Destro & Brothers Concrete
Co., Inc.
Change Order #1 - Add $33,045.10 - Approved Item #21 of
5/4/99
Striping of Various City Crosswalks - Buffalo Sealer &
Striping Co.
Change Order #1 - Add $5,202.00 - Approved Item #22 of
5/4/99
Meeting of 5/18/99:
Houghton Park Roof Reconstruction - Jemco Roofing Co.
Change Order #1 - Add $12,533.00 - Approved Item #21 of
Page 11
00-0222.txt
5/18/99
Shea's Stage Expansion Project - Contract #102 -
Demolition - Remediation Services, Inc.
Add $23,746.00 - Approved Item #22 of 5/18/99
Shea's Stage Expansion Project - Contract #104 - Masonry -
Alpha Masonry Constr. Co., Inc.
Add $8,925.00 - Approved Item #23 of 5/18/99
Shea's Stage Expansion Project - Contract #105 - Structural
Steel - Alp Steel Corporation
Add $36,633.00 - Approved Item #24 of 5/18/99
Shea's Stage Expansion Project - Contract #106 - Misc.
Metals - Alp Steel Corporation
Add $11,293.00 - Approved Item #25 of 5/18/99
Shea's Stage Expansion Project - Contract #107 - Roofing -
Progressive Roofing, Inc. Add $3,329.00 - Approved Item
#26 of 5/18/99
Shea's Stage Exp. Proj.-Contr. #1 09-Carpentry, Drywall,
Ceilings,etc.-Boxhorn's-Div of Huber Constr Add $17,363.00
- Approved Item #27 of 5/18/99
Shea's Stage Expansion Project - Contract #110 - Flooring -
Custom Carpet Centers Add $3,600.00 - Approved Item #28
of 5/18/99
Shea's Stage Expansion Project - Contract #112 - Rigging -
J.R. Clancy, Inc. Add $19,170.00 - Approved Item #29 of
5/18/99
Shea's Stage Expansion Project - Contract #116 - Plumbing
- A.Gareleck & Sons, Inc. Add $12,244.00 - Approved Item
#30 of 5/18/99
Shea's Stage Expansion Project - Contract #1 17-Fire
Protection-Allied Fire Protection Systems, Inc. Add
$13,599.00 - Approved Item #31 of 5/18/99
Shea's Stage Expansion Project - Contract #118 - HVAC -
Joseph Davis, Inc. Add $11,215.00 - Approved Item #32 of
5/18/99
Shea's Stage Expansion Project - Contract #119 - - Electrical
- Frey Electric Constr Co., Inc. Add $13,272.00 - Approved
Item #33 of 5/18/99
Meeting of 6/1/99:
Shea's Stage Expansion - Contract #103 - General
Construction - C.H. Byron Co., Inc. Add $10,731.00 -
Approved Item #35 of 6/1/99
Meeting of 6/15/99:
Machinca Community Center - General Construction -
Summit Construction Group, Inc. Change Order #1 - Add
$29,256.00 - Approved Item #28 of 6/15/99
Marine Midland Arena - Phase IB - Gr. 364 - Leone
Construction Change Order #2 - Add $28,070.00 - Approved
Item #29 of 6/15/99
Phase II - Reconstruction 188 E. Utica Street - Friends to
Elderly - Dreamco Development Corp. Change Order #2 -
Add $56,925.00 - Approved Item #30 of 6/15/99
Roof Reconstruction - Buffalo Zoo Gardens - Gorilla House -
All-Weather Contractors Change Order #1 - Add $9,718.00 -
Approved Item #31 of 6/15/99
Shea's Stage Expansion - Contract #118 - HVAC - Joseph
Davis, Inc. Add $18,616.00 - Approved Item #32 of 6/15/99
Meeting of 6/29/99:
Apollo Theater Reconstruction - General Construction -
C.Nichter, Inc. Change Order #2 - Add $12,727.00 -
Approved Item #28 of 6/29/99
Apollo Theater Reconstruction - HVAC Work - John W.
Danforth Change Order #1 - Add $2,410.00 - Approved Item
#29 of 6/29/99
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Reconstruction of 188 E. Utica - Phase II - HVAC Work -
Northeast Mechanical, Inc. Change Order #1 - Add
$3,981.50 - Approved Item #30 of 6/29/99
Reconstruction of Burvid Ice Rink Floor - Mollenberg-Betz,
Inc. Change Order #1 - Add $12,224.00 - Approved Item #31
of 6/29/99
Replace Tree Root Damaged Sidewalk - University District -
P&J Construction Change Order #1 - Add $33,392.38 -
Approved Item #32 of 6/29/99
Shea's State Expansion Project - Contract #102 - Demolition
- USA Remediation Services, Inc. Add $10,950.00 -
Approved Item #33 of 6/29/99
Shea's State Expansion Project - Contract #103 - General
Construction - C.H. Byron Co., Inc. Add $2,589.00 -
Approved Item #34 of 6/29/99
Shea's State Expansion Project - Contract #104 - Masonry -
Alpha Masonry Constr. Co., Inc. Add $7,353.00 - Approved
Item #35 of 6/29/99 Shea's Stage Expansion Project -
Contract # 105 - Structural Steel - Alp Steel Corporation
Deduct ($876.00) - Approved Item #36 of 6/29/99
Shea's Stage Expansion Project - Contract #106 - Misc.
Metals - Alp Steel Corporation Add $22,513.00 - Approved
Item #37 of 6/29/99
Shea's Stage Expansion Proj.-Contract #1 09-Carpentry,
Drywall, etc.-Boxhorn's-Div of Huber Constr. Add $30,404.00
- Approved Item #38 of 6/29/99
Shea's Stage Expansion Project - Contract #110 - Flooring -
Custom Carpet Centers Add $4,898.00 - Approved Item #39
of 6/29/99
Shea's Stage Expansion Project - Contract #116 - Plumbing
- A. Gareleck & Sons, Inc. Add $37,155.00 - Approved Item
#40 of 6/29/99
Shea's Stage Expansion Project - Contract 119 - Electrical -
Frey Electric Construction Co., Inc. Add $46,251.00 -
Approved Item #41 of 6/29/99
Meeting of 7/13/99:
Fillmore Ferry Police Precinct - General Construction -
Montco Construction, Inc. Change Order #1 - Add $2,488.00
- Approved Item #26 of 7/13/99
Machinca Community Center - General Construction -
Summit Construction Group, Inc. Change Order #2 - Add
$19,006.00 - Approved Item #27 of 7/13/99
Reconstruction Burvid Ice Rink Floor - Mollenberg-Betz, Inc.
Change Order #2 - Add $6,000.00 - Approved Item #28 of
7/13/99
Rose Gardens Improvements - Delaware Park - Nichter
Associates, Inc. Change Order #1 - Add $2,180.60 -
Approved Item #29 of 7/13/99
Shea's Stage Expansion Project - Contract #103 - General
Construction - C.H. Byron Co., Inc. Add $7,045.00 -
Approved Item #30 of 7/13/99
Shea's Stage Expansion Project - Contract #104 - Masonry -
Alpha Masonry Construction Co., Inc. Add $2,080.00 -
Approved Item #31 of 7/13/99
Shea's Stage Expansion Project - Contract #105 - Structural
Steel - Alp Steel Corporation Add $29,761.00 - Approved
Item #32 of 7/13/99
Shea's Stage Expansion Project - Contract #106 - Misc.
Metals - Alp Steel Corporation Add $2,041.00 - Approved
Item #33 of 7/13/99
Shea's Stage Expansion Project - Contract #107 - Roofing -
Progressive Roofing, Inc. Add $4,768.00 - Approved Item
#34 of 7/13/99
Page 13
00-0222.txt
Shea's Stage Expansion Project - Contract #108 -
Windows/Entrances - Krug's Glazing Services, Inc Add
$2,165.00 - Approved Item #35 of 7/13/99
Shea's Stage Expansion Project - Contract #109 - Carpentry
- Boxhorn's - Division of Huber Constr. Add $20,104.00 -
Approved Item #36 of 7/13/99
Shea's Stage Expansion Project - Contract #111 - Wall
Finishes - Sigma Painting of NY, Inc. Deduct ($1,480.00) -
Approved Item #37 of 7/13/99
Shea's Stage Expansion Project - Contract #116 - Plumbing
- A. Gareleck & Sons, Inc. Add $1,982.00 - Approved Item
#38 of 7/13/99
Shea's Stage Expansion Project - Contract #119 - Electrical -
Frey Electric Add $12,759.00 - Approved Item #39 of 7/13/99
Meeting of 7/27/99:
Shea's Stage Expansion Project - Contract #102 - USA
Remediation Services, Inc. Add $4,678.00 - Approved Item
#38 of 7/27/99
Resurfacing of City Pavements - 1999 - Destro & Brothers
Concrete Co., Inc. Change Order #1 - Add $107.750.00 -
Approved Item #39 of 7/27/99
Meeting of 9/7/99:
Apollo Theater Renovations - General Construction - C.
Nichter Change Order #3 - Add $40,534.00 - Approved Item
#23 of 9/7/99
Apollo Theater Renovations - HVAC Contract - John W.
Danforth Co. Change Order #2 - Add $539.00 - Approved
Item #24 of 9/7/99
Apollo Theater Renovations - Plumbing Contract - Elmwood
Plumbing Change Order #2 - Add $917.00 - Approved Item
#25 of 9/7/99
Reconstruction Burvid Ice Rink Floor - Mollenbert-Betz, Inc.
Change Order #3 - Add - $35,766.00 - Approved Item #26 of
9/7/99
Shea's Stage Expansion Project - Contract #118 - HVAC -
Joseph Davis, Inc. Add $1,692.00 - Approved Item #27 of
9/7/99
Meeting of 9/21/99:
Main-Tupper Police Precinct - General Construction - C.
Nichter, Inc. Add $108,847.00 - Approved Item #23 of
9/21/99
Shea's Stage Expansion Project - Contract #104 - Masonry -
Alpha Masonry Constr. Co., Inc. Add $959.00 - Approved
Item #25 of 9/21/99
Shea's Stage Expansion Project - Contract #105 - Structural
Steel - Alp Steel Corporation Add $5,318.00 - Approved Item
#26 of 9/21/99
Shea's Stage Expansion Project - Contract #106 - Misc.
Metals - Alp Steel Corporation Deduct ($346.00) - Approved
Item #27 of 9/21/99
Shea's Stage Expansion Project - Contract #107 - Roofing -
Progressive Roofing, Inc. Add $2,943.00 - Approved Item
#28 of 9/21/99
Shea's Stage Expansion Project - Contract #109 - Carpentry,
etc. - Boxhorn's-Div of Huber Constr. Deduct ($761.00) -
Approved Item #29 of 9/21/99
Shea's Stage Expansion Project - Contract #110 - Flooring -
Custom Carpet Centers Add $563.00 - Approved Item #30 of
9/21/99
Shea's Stage Expansion Project - Contract #111 - Wall
Finishes - Sigma Painting of NY, Inc. Add $4,107.00 -
Approved Item #31 of 9/21/99
Shea's Stage Expansion Project - Contract #118 - HVAC -
Page 14
00-0222.txt
Joseph Davis, Inc. Deduct ($963.00) - Approved Item #32 of
9/21/99
Shea's Stage Expansion Project - Contract #119 - Electrical -
Frey Electric Add $84,879.00 - Approved Item #33 of 9/21/99
Meeting of 1015/99:
Elevator Modern Project NW Buffalo Comm.Center -
General Constr.- Kirst Construction, Inc. Change Order #1 -
Add $3,495.00 - Approved Item #14 of 10/5/99
Fillmore-Ferry Police Precinct - General Construction -
Montco Construction Co. Change Order #4 - Deduct
($172,000.00) - Approved Item #15 of 10/5/99
Fillmore-Ferry Police Precinct - General Construction -
Montco Construction Co. Change Order #3 - Add $3,737.50
- Approved Item #16 of 10/5/99
Fillmore-Ferry Police Precinct - General Construction -
Montco Construction Co., Inc. Change Order #2 - Add
$9,398.72 - Approved Item #17 of 10/5/99
Fillmore-Ferry Police Precinct - Electrical - Hendler Electric,
Inc. Change Order #1 - Deduct ($20,750.00) - Approved
Item #18 of 10/5/99
Fillmore-Ferry Police Precinct - Plumbing - Matthew
Kandefer, Inc. Change Order #1 - Add $883.76 - Approved
Item #19 of 10/5/99
Shea's Stage Expansion Project - Contract #102 -
Demolition - USA Remediation Services, Inc. Deduct
($7,612.00) - Approved Item #20 of 10/5/99
Shea's Stage Expansion Project - Contract #103 - General
Construction - C.H. Bryon Co., Inc. Deduct ($1,344.00) -
Approved Item #21 of 10/5/99
Shea's Stage Expansion Project - Contract #104 - Masonry -
Alpha Masonry Constr. Co., Inc. Deduct ($500.00) -
Approved Item #22 of 10/5/99
Shea's Stage Expansion Project - Contract #105 - Structural
Steel - Alp Steel Corporation Add $7,890.00 - Approved Item
#23 of 10/5/99
Shea's Stage Expansion Project - Contract #106 - Misc.
Metals - Alp Steel Corp. Add $1,808.00 - Approved Item #24
of 10/5/99
Shea's Stage Expansion Project -Contract #108-Windows &
Entrances - Krug's Glazing Services Inc Add $3,337.00 -
Approved Item #25 of 10/5/99
Shea's Stage Expansion Project - Contract #109 - Carpentry,
etc. - Boxhorn's-Div. Of Huber Constr. Add $1,893.00 -
Approved Item #26 of 10/5/99
Shea's Stage Expansion Project - Contract #115 - Elevators
- Schindler Elevator Corporation Add $369.00 - Approved
Item #27 of 10/5/99
Shea's Stage Expansion Project - Contract #116 - Plumbing
- A. Gareleck & Sons, Inc. Add $1,781.00 - Approved Item
#28 of 10/5/99
Shea's Stage Expansion Project - Contract #118 HVAC -
Joseph Davis, Inc. Add $5,281.00 - Approved Item #29 of
10/5/99
Shea's Stage Expansion Project - Contract #119 - Electrical -
Frey Electric Construction Co., Inc. Add $3,216.00 -
Approved Item #30 of 10/5/99
Reconstruction 1790 Clinton Street - Pav's Painting & Home
Improvements Change Order #1 - Add $18,650.00 -
Approved Item #31 of 10/5/99
Temporary Exhibit Space - Buffalo Museum of Science -
Goodwin Electric Corporation Change Order #1 - Add
$14,698.00 - Approved Item #32 of 10/5/99
Shea's Stage Expansion Project - Contract #103 - General
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00-0222.txt
Construction - C.H. Byron Co., Inc. Deduct ($1,801.00) -
Approved #113 of 10/5/99
Meeting of 10/19/99:
Houghton Park Roof Reconstruction - Jemco Roofing
Company Change Order #2 - Add $5,231.00 - Approved
Item #12 of 10/19/99
Machnica Community Center - General Construction -
Summit Construction Group, Inc. Change Order #4 - Add
$9,718.00 - Approved Item #13 of 10/19/99
Machnica Community Center - (filing fees) - Summit
Construction Group, Inc. Change Order #3 - Add $1,552.50 -
Approved Item #14 of 10/19/99
Reconstruction of Curbs & Sidewalks - C. Destro
Development, Inc. Add $32,485.30 - Approved #15 of
10/19/99
Shea's Stage Expansion Project - Contract #103 - General
Construction - C.H. Byron Co., Inc. Deduct ($3,552.00) -
Approved #16 of 10/19/99
Meeting of 11/3/99:
Phase II Renovations 118 E. Utica - Mechanical Contract -
Northeast Mechanical, Inc. Change Order #2 - Add $795.00
- Approved Item #20 of 11 /3/99
Meeting of 11/16/99:
Apollo Theater Renovations - General Construction - C.
Nichter, Inc. Change Order #4 - Add $27,544.00 - Approved
Item #14 of 11 /16/99
Delavan-Moselle Community Center - General Construction
- Picone Construction Add $167,452.23 - Referred to
Finance Item #15 of 11 /16/99 - Denied
Elevator Modern Project NW Buffalo Community Center -
General Contract - Kirst Construction Change Order #2 -
Add $14,508.00 - Approved #16 of 11/1 /99
Fillmore-Ferry Police Precinct - General Construction -
Montco Construction Company, Inc. Change Order #5 - Add
$11,296.95 - Approved #17 of 11/16/99
New Waterlines - Tifft Nature Preserve-1200 Fuhrman Blvd -
Visone Construction Change Order #1 - Deduct ($1,400.00)
- Approved Item #18 of 11/16/99
Meeting of 11/30/99:
Apollo Theater - Reconstruction - Electrical Work - Industrial
Power & Lighting Corp. Change Order #1 - Add $3,264.00 -
Approved Item #31 of 11 /30/99
Apollo Theater - Reconstruction - General Construction - C.
Nichter, Inc. Change Order #5 - Add $10,723.00 - Approved
Item #32 of 11/30/99
Reconstruction of Burvid Ice Rink Floor - Mollenberg-Betz,
Inc. Change Order #4 - Add $19,461.00 - Approved Item #33
of 11 /30/99
Repair to City Pavements #92010000 - A.B. P. Concrete
Change Order #1 - Add $21,285.00 - Approved Item #34 of
11/30/99
Replace City Sidewalks @ Demo Sites - Tom Greenauer
Development, Inc. Change Order #1 - Add $9,527.63 -
Approved Item #35 of 11 /30/99
Replacement of Tree Root Damaged Sidewalk #92010068 -
Master's Edge, Inc. Change Order #2 - Add $52,176.20 -
Approved Item #36 of 11 /30/99
Replacement of Tree Root Damaged Sidewalk #492 -
Masters Edge, Inc. Change Order #1 - Add $65,308.22 -
Approved Item #37 of 11/30/99
Parkside Lodge Roof Replacement - Ferraina Construction
Change Order #1 - Add $67,739.00 - Approved Item #38 of
11 /30/99
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Phase I I Renovations 118 E. Utica - Electrical Work -
Bennett Electrical Construction Change Order #1 - Add
$8,977.54 - Approved Item #39 of 11 /30/99
Reconstruction of 1790 Clinton Street - Pav's Painting &
Home Improvements Change Order #2 - Add $6,050.00 -
Approved Item #40 of 11/30/99
Meeting of 12/14/99: Buffalo City Court Building Conf. Room
& Child Care Center-Gen.Constr.-Miller Enterprises, Inc.
Change Order #1 - Add $2,695.00 - Approved Item #29 of
12/14/99
Petroleum Bulk Storage Compliance Upgrade-Phase 11-1
Eng.#25 - Tyree Organization, Ltd. Change Order #1 - Add
$97,730.00 - Approved Item #30 of 12/14/99
Petroleum Bulk Storage Compliance Upgrade-Phase
11-2-Pks,Pol.,etc. - Tyree Organization, Ltd. Change Order
#1 - Add $73,150.00 - Approved Item #31 of 12/14/99
Meeting of 12/28/99:
Buffalo Museum of Science - Temp. Exhibit Space Electric
Contract - Goodwin Electric Corp. Change Order #2 - Add
$4,279.00 - Approved Item #26 of 12/28/99
Delavan-Moselle Community Center - General Construction
- Picone Construction Corporation Change Order #1 - Add
$220,963.94 - Approved Item #27 of 12/28/99
New Waterlines - Tifft Nature Preserve-1 200 Fuhrman Blvd
- Visone Construction Change Order #2 - Add $1,927.00 -
Approved Item #28 of 12/28/99
Reconstruction of Kleinhans Music Hall-Phase
8B-Gen.Constr. - All State Development, Inc. Change Order
#1 - Add $5,843.00 - Approved Item #29 of 12/28/99
Reconstruction of Old First Ward Comm.Center-HVAC
Work-Buffalo Sheet Metals, Inc. Change Order #1 - Add
$3,900.00 - Approved Item #30 of 12/28/99
Meeting of 2/8/00:
Main-Tupper Police Precinct-General Construction - C.
Nichter, Inc. Add $93,727.00 - Approved Item #116 of 2/8/00
Main-Tupper Police Precinct-General Construction - C.
Nichter, Inc. Add $41,481.00 - Item #117 of 2/8/00 Lost
REFERRED TO THE COMMITTEE ON FINANCE
NO. 15
ELMWOOD AVENUE - SCAJAQUADA
EXPRESSWAY (198) TO WEST DELAVAN
AVENUE -PIN 5755.46
CCP #34 OF 2/8/00
Permission is requested from your Honorable Body to
authorize the Mayor of the City of Buffalo to enter into all
necessary resolutions and agreements with the New York
State Department of Transportation to administer, design,
bid, construct and inspect the subject project.
The City of Buffalo also agrees to pay 100% of the Federal
and Non-federal share of the cost of the preliminary
engineering, Right-Of-Way incidentals, R.O.W. acquisition,
construction, and construction inspection phases of the
project.
Project costs are 80% reimbursable to the City by the
FWHA and assuming New York State continues to approve
the Marchiselli Funding Program, an additional 14% would
be reimbursed.
Mrs. Lotempio Moved:
That the above communication from the Commissioner of
Public Works dated February 16, 2000, be received and
filed; and
That the Mayor be, and be hereby is authorized to enter
Page 17
00-0222.txt
into the necessary resolutions and agreements with the New
York State Department of Transportation to administer,
design, bid, construct and inspect the subject project,
Elmwood Avenue -Scajaquada Expressway (198) to West
Delavan Avenue -PIN 5755.46. The project costs are 80%
reimbursable to the City by the FVVHA and assuming New
York State continues to approve the Marchiselli Funding
Program, an additional 14% would be reimbursed.
PASSED.
AYES-12, NOES-0
NO. 16
D. GALLIVAN-HOLY CROSS CHURCH
REQUESTS WAIVER OF PERMIT FEE
ITEM NO. 76, C.C.P. 2/9/00
The referenced item was sent to this department for
comment. Although the permit is issued by the Department
of Community Development, most of the concerns
addressed in this item deal with matters covered by the
Elevator Safety Review Board, of which I am Chairman.
The permit fee for the proposed elevator modernization
would be $94.50. This is not a significant cost, however,
modernizing the elevator will probably become quite costly.
Any modernization will require that all current code
requirements such as hoistway vent, smoke detectors,
firefighter service and compliance with Americans with
Disability Act will be affected.
The Common Counsel has adopted its capital ANSI Code Al
7.1 as the City's code for elevator safety, and the Elevator
Safety Review Board, who would review any waiver request,
has steadfastly refused to grant any waivers whenever a
safety issue is involved.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 17
MAIN ST.-BAILEY AVE. TO
HUMBOLDT PKWY.
FEDERAL AID PROJECTS PIN 513403
AND PIN 503493
Permission is requested from your Honorable Body to
authorize the Mayor of the City of Buffalo to enter into all
necessary resolutions and agreements with the New York
State Department of Transportation to administer, design,
bid, construct and inspect the subject project.
The City of Buffalo also agrees to pay 100% of the Federal
and Non-federal share of the cost of the preliminary
engineering, Right-Of-Way incidentals, R.O.W. acquisition,
construction, and construction inspection phases of the
project.
Project costs are 80% reimbursable to the City by the FWHA
and assuming New York State continues to approve the
Marchiselli Funding Program, an additional 14% would be
reimbursed.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works dated February 16, 2000, be received and
filed, and
That the Mayor be, and he hereby is authorized to enter into
all necessary resolutions and agreements with the New York
State Department of Transportation to administer, design,
bid, construct and inspect the subject project, Main Street -
Bailey Avenue to Humboldt Parkway, Federal Aid Projects
PIN 513403 and PIN 503493. The project costs are 80%
Page 18
00-0222.txt
reimbursable to the City by the FWHA and assuming New
York State continues to approve the Marchiselli Funding
Program, an additional 14% would be reimbursed.
PASSED
AYES -12 NOES - 0
NO. 18
MORATORIUM - BANNERS ON NIAGARA SQUARE
ITEM NO. 262, C.C.P. 2/8/00
This department agrees with the referenced resolution that
would ban the placement of any banners in or extending
over Niagara Square. The installation of banners not only at
Niagara Square, but throughout the City are being done
without the knowledge and involvement of this department.
We do not know who is putting them up and under whose
direction that they are being installed. However, many
neighborhood now are cluttered with such banners without
the City being held harmless should anything occur to cause
injury or damage.
RECEIVED AND FILED
NO. 19
APPOINT JUNIOR ENGINEER TEMP MAX
Appointment Effective: February 3, 2000 in the
Department of Public Works, Division Of Engineering, to the
Position of Junior Engineer Temporary Promotion at the
maximum at the Starting Salary of $38,995
William Moss, 248 Dearborn Street, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 20
APPOINT POLICE INSPECTOR PERMANENT
Appointment Effective: February 7, 2000 in the
Department of Police
Permanent appointment at the Flat Starting Salary of $
71,307
Harold Litwin, Jr., 2459 Sandrock Road, Eden, N.Y. 14057
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 21
BUFFALO POLICE REFUELING FACILITIES
ITEM NO. 212, C.C.P., 1/25/00
You requested a response from the Corporation Counsel
regarding a proposal to allow Buffalo Police vehicles to
refuel at various different City of Buffalo refueling facilities
within the city. Where the vehicles may refuel is an
administrative determination best left to the discretion of the
Police Commissioner. Otherwise, the Law Department has
no opinion on the matter.
REFERRED TO THE COMMITTEE ON LEGISLATION
TO THE COMMON COUNCILDATE:February 9, 2000
NO. 22
CLAIM FOR PROPERTY DAMAGE POLICE
VEHICLE AND CLAIM FOR EXCESS OF BASIC
ECONOMIC LOSS - 3/17/97
On March 17, 1997 at approximately 9:50 p.m. on
Genesee Street at or near its intersection with Meyers Street
in the City of Buffalo, Buffalo Police Officer Gregg O'Shei
and Christopher Kessler were involved in an automobile
accident with Mr. Jerry Gilliam.
Page 19
00-0222.txt
Officers O'Shei and Kessler were in an unmarked Chevy
Corsica proceeding eastbound on Genesee Street. They
were following a marked blue and white police car that had
all of its sirens and lights going responding to a priority one
call, a robbery.
A distance between the marked police car and the
uni-narked police car began to occur. At the time of the
accident, there were approximately 125-130 feet between
the two police vehicles. Although Officers O'Shei and
Kessler's car was not equipped with a siren or a light bar on
the roof, they were flashing their bright lights on and off
rapidly and honking the hom.
Mr. Gilliam pulled out on to Genesee Street from Meyers
Street after the marked police car passed by. Officers O'Shei
and Kessler's car collided in a t-bone fashion with Mr.
Gilliam. The Officers indicated that they were traveling at
approximately 40 - 50 miles per hour at the time of the
collision. Mr. Gilliam estimates their speed in excess of 60
miles per hour.
As a result of the accident both officers, who were severely
injured, hired a private attorney and sued Mr. Gilliam
individually. The City sued Mr. Gilliam for the property
damage to the police car (Chevy Corsica) and excess of
Basic Economic Loss for each Officer. Mr. Gilliam
counterclaimed.
Officer Kessler sustained the following injuries: neck and
back pain at levels C 1 -3 and T3-6; descalping of the skin
on the forehead in a 5 x 5 centimeter area requiring surgery,
three (3) lacerations of the chin requiring sutures, pain in the
right knee, left knee, and left shoulder. Officer Kessler was
unable to work from March 17, 1997 through May 17, 1997,
and from July 25, 1997 through July 30, 1997.
Officer O'Shei was more severely injured and still suffers
from the effects of the injuries today including but not limited
to traumatic brain injury, decreased memory, poor
concentration, headaches, pain in the back, face, hip, neck,
knees and shoulders. Officer O'Shei was confined to his
home from March 17, 1997 through July 27, 1997 and again
in December, 1997. He was unable to work from March 17,
1997 through June 15, 1997; from July 15, 1997 through
July 26, 1997 and November 12, 1997 through March 20,
1998.
Officers O'Shei and Kessler have each settled their personal
suits against Mr. Gilliam for the maximum of Mr. Gilliam's
insurance policy, $25,000 each. The City has negotiated $
1,000 of the $25,000 Officer O'Shei received for losses
incurred by the City over Basic Economic Loss. Officer
O'Shei is continuing a lawsuit against Mr. Gilliam's excess
insurance policy and the City of Buffalo will be entitled to
additional money if that is successful. Officer Kessler did not
sustain injuries in excess of Basic Economic Loss and,
therefore, the City cannot recover any money.
The total damage to the police car (Chevy Corsica) was
$4,750.00. Considering the totality of the circumstances, the
question of where liability lies and what a jury would do at
verdict, the Corporation Counsel's Office is recommending
the settlement of the City's lawsuit against Mr. Gilliam for the
property damage for $2,375.00. In sum, the City will receive
$1,000 plus $2,375 from Mr. Gilliam's insurance company
payable to the City of Buffalo.
Mrs. LoTempio moved:
That the above communication from the Corporation
Counsel dated February 9, 2000, be received and filed, and
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That the Corporation Counsel be, and he hereby is
authorized to settle the City's lawsuit against Mr. Jerry
Gilliam for the property damage for $2,375.00. In sum, the
City will receive $ 1,000 plus $2,3 75 from Mr. Gilliam's
insurance company payable t4 the City.
PASSED
AYES -12 NOES - 0
NO. 23
PRE-QUALIFYING BIDDERS FOR CITY OF
BUFFALO REAL ESTATE AUCTION
ITEM NO. 211, C.C.P., 1/25/00
ITEM NO. 16, C.C.P., 2/8/00
After a discussion on how to pre-qualify bidders for the
City of Buffalo's real estate auction, it was determined that
pre-qualification was not a viable method to prevent
irresponsible property owners from acquiring additional
properties from the City. With input from the Departments of
Assessment, Community Development (Inspections and
In-Rem Properties), Administration & Finance (Treasury) and
Law, it was felt that the best way to screen potential buyers
was to utilize the discretion of the Referee (the Director of
the Treasury) to withhold the transfer of title until the buyer's
obligations to the City have been satisfied.
Since the Common Council wanted to send the firm
message that irresponsible landlords should not own
excessive amounts of property in the City, it was decided to
amend the Agreement of Sale for the property to include a
new line reflecting this policy. The new line added to Section
12 reads, "The Referee may also refuse to transfer title to
any person who has current Code Violations on other
properties owned by such person within the City of Buffalo."
A copy of the New Agreement of Sale is attached for your
convenience.
RECEIVED AND FILED
NO. 24
DEPARTMENT HEAD NAME:
PROPERTY ACQUISITION - 569-573
FOREST AVENUE AND 695-703 MAIN
STREET
PUBLIC AUCTION - 2930 AND 2950
BAILEY AVENUE AND 1731-1733
SENECA STREET, 497 SOUTHSIDE
PARKWAY
I have reviewed the files, interviewed Dennis Dargavel and
John Hannon, reviewed the Council Proceedings and
researched the law regarding the above-noted transactions.
The following is a summary of my findings, conclusions and
recommendations.
569-573 Forest Avenue
The Comptroller's Office was requested by former North
District Councilmember Dale Zuchlewski and the
Administration to begin a search for property that could be
used for parking in the Elmwood-Forest area. The business
owners in the area had expressed a serious need for parking
to assist businesses and development in that district.
Pursuant to this request, the Director of Real Estate
investigated three (3) potential sites in that area, including
two (2) groups of parcels on Elmwood Avenue. By letter
dated March 9, 1999, Councilmember Dale L. Zuchlewski
wrote to Mr. Dargavel and requested him to move forward on
the purchase of the properties at 569 - 573 Forest Avenue.
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This involved two separate parcels. Two independent
appraisals were obtained for each parcel. This is the
procedure set forth in Section 133-11 of the Buffalo Code.
Frank A. Pirritano, and Walter Allen of G.A.R. Associates,
Inc performed the appraisals. Both are licensed real estate
appraisers. The appraisals were as follows:
573 Forest Avenue (Glidden Garage)
Pirritano$185,300
G.A.R. Associates$160,000
569 Forest Avenue
Pirritano$68,100
G.A.R. Associates$46,000
The properties were part of an estate. Mr. Dargavel
contacted the attorney for the estate, John Putnam, Esq. Mr.
Putnam advised Mr. Dargavel that there was already in
existence a purchase contract with another buyer and that
Mr. Dargavel should contact that individual's attorney, John
Giardino, Esq., regarding the City's interest in acquiring the
property.
Attorney John Giardino sent a letter to Mr. Dargavel dated
April 8, 1999 offering to sell the two (2) parcels to the City of
Buffalo in "as is" condition for the sum of $300,000 on behalf
of his client Richard Bronstein. Mr. Bronstein is a developer
who is also employed by Benchmark Development. As an
alternative proposal, Mr. Bronstein offered to sell the two (2)
parcels to the City for the sum of $340,000 with all structures
removed. Mr. Bronstein further stated in the letter dated April
8, 1999 that the proposal included demolition services and
66represents a substantial discount from the contractor's
market estimate due to the fact that the contractor performs
substantial demolition services for Mr. Bronstein at
Benchmark Development." In order to evaluate the
demolition proposal, Mr. Dargavel contacted the
Commissioner of Public Works, Mr. Joseph Giambra and the
Inspections Division. Commissioner Giambra advised Mr.
Dargavel that it would be in the City's financial interest to
have the private developer perforrii the demolition and
provide a clean site. Donald Grzebielucha, an inspector in
the Division of Inspections, advised Mr. Dargavel in writing
that he estimated the cost of demolition of 569 - 573 Forest
Avenue to be between $40,000 and $45,000. The Public
Works Department estimated the cost of demolition at a
substantially higher figure.
In an effort to reach an agreed upon price, Mr. Dargavel
offered the sum of $295,400 subject to Common Council
approval. This figure was arrived at by adding the two (2)
Pimitano Appraisals and the $42,000 demolition estimate as
follows:
573 Forest Avenue$185,300
569 Forest Avenue$ 68,100
Demolition$ 42,000
Total$295,400
Mr. Bronstein rejected this offer.
Thereafter, Mr. Dargavel contacted Councilinember
Zuchlewski to advise him of the status of negotiations and
requested how he should proceed. The Councilmember
advised him that the Council still wished to obtain the
premises and requested that Mr. Dargavel attempt to reach
a compromise figure between the owner's request and the
City's offer. Thereafter, the attorney for Mr. Bronstein
advised Mr. Dargavel that his bottom line figure for the sale
of the property, including demolition, was $332,000. This
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proposal was submitted by the Comptroller to the Common
Council by Item No. 6, C.C.P. 5/18/99 for the purpose of
providing off-street parking for Elmwood merchants. This
proposal was approved by the Common Council.
Pursuant to Section 123 of the City Charter, the Director of
Real Estate may, subject to the approval of the Council,
negotiate and enter into a contract for the sale and lease of
real property. Based upon my review, it appears that the
negotiation efforts of Mr. Dargavel were at all times pursuant
to appropriate authorization by the Common Council and in
accordance with the requirements of the City Charter. In
addition, he properly obtained independent appraisals and
cost estimates in order to document the offers made. His
efforts resulted in the Common Council approving the
acquisition of a clean site immediately developable for
off-street parking for area businesses.
A question has arisen regarding the acquisition of the site by
Mr. Bronstein. My investigation reveals the following. The
estate which owned the site was experiencing financial
problems. A pre-existing relationship existed between Mr.
Bronstein and the estate. Due to the financial problems, the
estate approached Mr. Bronstein for his assistance. A
transaction was begun, at least eighteen (18) months prior to
the City's acquisition, between Mr. Bronstein and the estate.
No realtor was involved in Mr. Bronstein's purchase of the
property from the estate. The prior sale by Mr. Bronstein
does not appear to be an entirely arms-length transaction.
Although the two (2) transactions were closed
simultaneously, the agreement between the estate and Mr.
Bronstein had been worked on for over a year. Mr. Bronstein
intended to develop residential apartments on the site. Prior
to beginning any development, an Elmwood business owner
apparently approached Mr. Bronstein and requested that he
not develop the site because the area businesses
desperately needed parking. Although the recording of the
transactions was simultaneous, it appears that Mr. Bronstein
may have purchased the property below market and had a
purchase agreement with the estate more than a year prior
to the City's acquisition. In addition, it appears that the City
may have saved a substantial amount of money by having
the property owner perform the demolition services.
By Item No. 96, C.C.P. 1/26/99, the Common Council
authorized the issuance of bonds to finance the cost of
construction of a parking lot at 569-573 Forest Avenue.
2930 and 2950 Bailey Avenue and 1731-33 Seneca
Street, 497 Southside Parkway
In 1994, the City of Buffalo closed two police stations.
Precinct 13 at 2930 and 2950 Bailey Avenue was in a
building that housed an operating firehouse. Precinct 15 at
1731-1733 Seneca Street was also in a building that housed
an operating firehouse. These closings resulted from the
construction of two (2) new police stations on Bailey Avenue
and South Park Avenue. Both police stations were in very
old buildings and in bad physical condition. In both locations,
one furnace and utility system serviced both the police
station and firehouse. As a result, the police stations could
not be sold separately. The Comptroller's Office attempted to
market the properties for approximately three (3) years with
no interested buyers.
The City was interested in selling these properties in an
effort to be relieved of the capital and maintenance costs
and liability exposure associated with these properties.
Proposals were invited from auctioneers to sell the
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properties at auction. The Comptroller's Office accepted the
proposal of Cash Realty and Auction, Inc. to sell the property
for the City with the purchaser paying for the cost of the
auctioneer. The Comptroller's Office requested a legal
opinion in November, 1997 whether the City could enter into
a sale lease-back transaction. The Law Department opined
that this could be done so long as Common Council approval
was obtained for the property transaction. The Comptroller
selected Cash Realty to perform auctioneer services.
The auctioneer prepared proposed bid specifications. The
Comptroller's Office forwarded the specifications to the Law
Department for its review. The Corporation Counsel
suggested a number of changes in the bid specifications
relating to maintenance responsibilities and other items. The
recommendations of the Corporation Counsel were
incorporated into the bid specifications.
The auctioneer prepared a sales brochure and advertised
the auction of approximately twenty (20) City properties
including the two aforementioned properties, three other
closed police stations, one other closed fire station and
various distressed properties previously acquired by the City
through In Rem. The terins of the sale were that the
properties were sold "as is" and provided an annual rent of
$4 per square foot for the City's future rental of the operating
fire stations. In addition, the City would pay a proportionate
share of the taxes and utilities relating to the City's future
occupancy of the premises. This rental rate was based upon
market rates recommended by an independent appraiser
retained by the Comptroller. Including a set rental rate
precluded a prospective purchaser from attempting to
charge an unwarranted higher rate to the City in the future.
On April 2, 1998, the public auction was held. Active bidding
took place and competitive bids were received. WNY Realty
Funding, Inc. bid $105,000 plus the ten (10%) percent
auctioneer's commission for the premises at 1731 - 1733
Seneca Street and 497 Southside Parkway. Dreamco
Development Co., Inc. bid $82,000 plus the ten (10%)
percent auctioneer's commission for the sale of 2930 and
2950 Bailey Avenue. By Item No. 14, C.C.P. 4/14/98, the
sale of 2930 Bailey Avenue was reported to be Common
Council by the Comptroller's office. By Item No. 133, C.C.P.
4/28/98, the Common Council accepted the offer of $82,500
with the buyer paying the ten (10%) percent auctioneer's fee.
By Item No. 12, C.C.P. 4/14/98, the bid for 1731 Seneca
Street was reported to the Common Council. By Item No.
134, C.C.P. 6/23/98, the Common Council accepted the bid
of $105,000 with the buyer paying the ten (10%) percent
auctioneer's fee.
Both of these parcels were in need of substantial capital
improvements and were a liability to the City in terms of
maintenance costs, capital improvements, repairs and in the
event someone was hurt on the premises. The sale
eliminated these liabilities and restored the properties to the
tax roles. In addition, the auction resulted in three (3) other
closed police stations (Pct. 8 - 647 Fillmore Avenue, Pct. 6 -
1446 Main Street and Pct. 4 - 485 Michigan) and one closed
firehouse (3 10 Jersey Street - Firehouse #2) also being sold
and restored to the tax rolls.
The properties were sold by competitive bids received
through an independent auctioneer. The sale was advertised
and performed in accordance with New York State
Competitive Bidding laws. Bids were reported to and the
sales were approved by the Common Council in accordance
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00-0222.txt
with the procedures set forth in the City Charter and the
Buffalo Code, Art. 111, Section 133-10.
695 - 703 Main Street
Due to severe overcrowding and working conditions at
Precinct No. 3 at 672 Main Street, the Common Council
authorized the Comptroller to initiate acquisition of the
property at 695 Main Street and report to the Common
Council on its findings. Item No. 199, C.C.P. 9/3/96;
Item No. 11, C.C.P. 4/29/97; Item No. 127, C.C.P. 5/27/97.
Pursuant to the Council resolutions, in November, 1996, the
Office of the Comptroller, Division of Real Estate, obtained
two independent appraisals for the premises. Appraiser
Frank A. Pirritano appraised the property at $465,000 at that
time. Appraiser Howard P. Schultz appraised the property at
$450,000.
Pursuant to Section 303 of the Eminent Domain Procedure
Law, the City of Buffalo must offer no less than the City's
highest approved appraisal. On January 13, 1997, the Law
Department forwarded an offer to the owner of 703 Main
Corp., in the amount of $465,000. On April 9, 1997, a notice
of rejection of the City's offer was received by the
Comptroller. By Item No. 11, C.C.P. 4/29/97, the Common
Council was advised that the offer was made and rejected
and that it was unlikely that an acceptable compromise
would be reached with the owner. At that time, the
Comptroller recommended that the Common Council
consider authorizing the Corporation Counsel to proceed
with acquisition of the property through eminent domain.
Item No. 11, C.C.P. 4/29/97. Upon the recommendation of
the Committee on Finance, the Common Council authorized
the Corporation Counsel to proceed with the acquisition by
eminent domain of 695 Main Street for the new "B" District
Police Station. Item No. 127, C.C.P. 5/27/97.
While the Law Department was preparing to proceed with
eminent domain, Laurence K. Rubin, Esq. of the law firm of
Kavinoky & Cook, the attorney for the owner, contacted the
Law Department in an effort to reach a negotiated settlement
in lieu of eminent domain. The owner's attorney requested
compensation for the premises in the amount of $1,000,000.
By letter dated November 5,1997, the attorney advised the
Corporation Counsel that there was a mathematical error in
the independent appraisal performed by Howard Schultz for
the City of Buffalo and that using Mr. Schultz's own
appraisal, the appraisal should be in the amount of
$837,000. This letter was forwarded to Howard Schultz for
his review. Mr. Schultz acknowledged that an error was
made by him in his appraisal and modified his appraisal by
increasing his appraisal to $515,000. The Corporation
Counsel strongly expressed to legal counsel for the property
owner that there was no basis to increase the City's offer
above $515,000 absent an evidentiary basis to do so.
Thereafter, the owner forwarded a Real Estate Appraisal
performed by James T. Szakacs of Klauk, Lloyd and
Wilhelm, Inc., 247 Cayuga Road, Buffalo, New York 14225.
The appraisal evaluated the comparable sales of vacant land
and appraised the value at $820,000 as of September 16,
1997. The appraisal was professionally done by this
well-respected appraisal company. The appraisal noted
renewed interest in the area as a result of renovations to
Shea's and Studio Arena and the expansion of entertainment
based businesses in the nearby Chippewa strip. Due to the
substantial disparity in the appraisals and the error in
Schultz's appraisal, the Corporation Counsel's Office hired
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G.A.R. Associates, Inc. to review all the appraisals and
provide a critique of each and an opinion as to the value of
the property. Walter Allen of G.A.R. Associates, Inc.
performed the review. Mr. Allen is one of the most
well-respected appraisers in the area. By letter dated
October 10, 1997, Mr. Allen stated that he believed that
more weight should be given to the Szakacs appraisal and
that the Schultz appraisal was "somewhat low in terms of
highest and best use for the property and potential value. He
further stated that a value closer to $20.00 per square foot
would be in line for the property. The property is 35,692
square feet in size. Using the $20.00 per square foot
number, Mr. Allen estimated the value of the property at
$703,840. Negotiations and offers and counteroffers were
exchanged between legal counsel. Ultimately, the owner
indicated a willingness to accept the sum of $700,000 as full
compensation for this property. This was $120,000 less than
their appraisal. In addition, the settlement would save the
cost of expert witnesses at trial estimated to be between
$30,000 to $50,000. In addition, under the Eminent Domain
Procedure Law, ("EDPL") the owner is entitled to interest at
the rate of nine (9%) percent from the date of acquisition.
EDPL Section 304.
The Corporation Counsel reported the proposed settlement
offer to the Common Council setting forth the history of the
appraisals. Item No. 5 1, C.C.P. 1/20/98. The Common
Council asked the Police Department to evaluate a number
of alternative sites. By Item No. 14, C.C.P. 5/26/98, the
Comptroller's Office advised the Common Council that the
Police Commissioner did not feel that the other sites were
acceptable for various reasons. By Item No. 15, C.C.P.
6/9/98, the Comptroller's Office responded to the Council's
request and evaluated the alternative locations of 752 Main
Street (Vernor Building) and 140 Genesee Street between
Elm and Oak Streets). A meeting was held between
representatives of the Police Department, Public Works
Department, Comptroller's Office, Corporation Counsel and
the Council President. Various other sites were discussed
including the Adult Learning Center at 389 Virginia Street
and the Packard Building at 1325 Main Street, as well as 15
other sites. Item No. 88, C.C.P. 9/8/98. On motion of
Councilmember Quintana, the Common Council authorized
the Comptroller to acquire the property at 695 Main Street
for the sum of $700,000 for the new "B" District Police
Precinct. Item No. 143, C.C.P. 11/17/98. The Common
Council also authorized the issuance of bonds to finance the
construction of the police precinct. Item No. 85, C.C.P.
1/12/99.
An examination of all the facts reveals that proper
procedures were followed in all respects and that the
property was acquired for a fair price. The agreed upon
figure was $120,000 less than the owner's professionally
prepared appraisal. The threat of an eminent domain
proceeding does not suggest that the property could have
been acquired for less money through a court proceeding.
On the contrary, the entire structure of the New York State
Eminent Domain Proceedings Law is to assure that just
compensation shall be paid to those persons whose property
rights are acquired by the exercise of eminent domain. EDPL
Section 101. If the matter proceeded to trial and a Court
accepted the appraisal of the owner, the City could possibly
be held liable for $820,000 plus nine (9%) percent interest
from the date of acquisition, moving costs, attorneys' fees as
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well as the cost of having appraisers testify on the City's
behalf. Moreover, the location of this parcel is near the
Shea's Performing Arts Center which has recently
undergone a $15 million dollar expansion and is centrally
located with direct access to the Kensington Expressway
and Airport. Furthermore, all three (3) branches of
government were actively involved in the acquisition process
and thoroughly and carefully analyzed the issues
surrounding relocating the outdated and overcrowded "B
District" station. Alternative sites were exhaustively
examined and reviewed by the Comptroller's Office, the
Common Council, the Police Department and Department of
Public Works. With regard to the price, all monetary offers
were supported by independent professionally performed
appraisals and the ultimate agreed upon price was S
120,000 less than the owner's appraisal. Negotiations were
lengthy and at arms length in all respects.
A question has arisen regarding gasoline-contaminated soil
found during excavation for the foundation of the new Police
Station. Excavation also revealed debris and an oil furnace
tank remaining from a former building that was damaged by
fire in 1991. At the time of closing, the owner, 703 Main
Corp. represented that they had no knowledge of any
underground storage tank or environmental problems on the
premises. In June, 1997, PSI Geotechnical Construction, an
independent geologist retained by the City to examine the
subsurface conditions as part of the project design,
conducted eight (8) test borings around the site. The borings
did not reveal any environmental problem and no odor of
gasoline or oil was detected as would be expected if
contamination was present. The Law Department has
investigated the history of the site. Our conclusion is that the
gasoline probably resulted from the removal of a gasoline
storage tank in the 1940's. In addition, the debris and oil
furnace were left during the demolition of the fire damaged
building. The Commissioner of Public Works estimates that
the portion of the contractor's change order relating to the
environmental issues is approximately $50,000. A complete
title search has been obtained. The Law Department is in the
process of attempting to recover the costs associated with
the environmental issues and is pursuing a claim under the
New York State Navigation Law against all responsible
property owners.
Ethical Issues
A question has been raised by the media regarding the real
estate firm of Dargavel & Hannon. A review of the files
relating to the four (4) real estate transactions reveals no
involvement in any way by that real estate firm. The two (2)
police precincts were sold by competitive bidding at public
auction conducted by Cash Realty & Auction, Inc. In
addition, based upon my review of each file, the Forest
Avenue and Main Street sales did not involve a real estate
broker. Moreover, John Hannon has advised me that he is
not now, nor has he ever been, involved in the ownership of
that firm. Dennis Dargavel has advised me that he sold his
interest in that company to a Daniel Hannon in the mid
1980's, that he has no legal interest in the firm and that he
merely maintains a real estate license there. It should be
noted that Section 122 of the City Charter requires the head
of the Division of Real Estate to be either a licensed attorney
or a duly licensed real estate broker. My investigation
reveals no involvement of the firin of Dargavel & Hannon in
any aspect of the four (4) real estate transactions.
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Furthermore, I found no evidence of personal dealing or
benefit in any way involving Mr. Dargavel or Mr. Hannon.
There is a process to investigate issues of this type in the
City Code. Section 12-21 of the Buffalo Code authorizes the
Board of Ethics to review matters of this nature. I have found
no evidence of any ethical issue involving either Mr.
Dargavel or Mr. Hannon.
Conclusions
I have reviewed the files of each of the four (4) real estate
transactions and have interviewed Dennis Dargavel at length
about each transaction. The files maintained by Mr. Dargavel
document that the Comptroller's Office properly followed all
procedures set forth in the City Charter and State law for
each transaction. Section 123 of the City Charter authorizes
the Director of Real Estate, subject to the approval of the
Common Council, to negotiate real estate transactions on
behalf of the City of Buffalo. My review suggests that all
negotiations were conducted in the best interests of the City
and in accordance with the City Charter, New York State
Eminent Domain Law and the New York State Competitive
Bidding Laws.
With regard to the two (2) police precincts, the bid
specifications were prepared by the auctioneer and revised
after input from the City Architect's Office, the Law
Department and the Comptroller's Office. The properties
were properly advertised and competitive bids were received
by an independent auctioneer at public auction. The bids
were reviewed, submitted to the Common Council and
approved by the Council.
With regard to the Forest Avenue sale, site acquisition was
authorized by the Council, appraisals were received for the
two parcels, offers were tendered in accordance with state
law, the Common Council was kept advised of the
negotiations and the sale price was reviewed and approved
by the Common Council.
Similarly, the site acquisition of 695-703 Main Street
proceeded in a similar methodical way. The Common
Council approval was obtained to negotiate a purchase, to
make an initial offer, to proceed to condemnation, to
consider numerous alternative sites and ultimately, to accept
a negotiated price in lieu of a full eminent domain
proceeding. Four (4) independent experienced appraisers
evaluated the property and appraised the value of the
property. If the matter had proceeded to eminent domain, the
City would in all likelihood have expended substantially more
money for the acquisition of the property. Finally, the price
paid for each parcel reflects the characteristics of each
parcel. Both have prime locations. One is in close proximity
to Buffalo State College, the Elmwood Business District and
the Albright Knox Gallery. The other is near the recently
expanded Shea's Performing Arts Center and the Theater
District and is at the entrance to the main artery into
Downtown Buffalo.
In summary, I found that the purchases followed the
methodology specifically set forth in the City Charter and
State law to insure that property acquisitions are done with
thorough review by all three (3) branches of City
government.
Recommendations
Based upon my review, I have three (3) recommendations
for future property acquisitions. These are as follows:
1. City property acquisition procedures should be analyzed
under the City Charter and State Eminent Domain Procedure
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00-0222.txt
Law and possibly be revised. Under current law, the
Common Council designates a site for acquisition and
authorizes the Director of Real Estate to negotiate a
purchase price. Under the eminent domain law, two
appraisals must be obtained and the highest of two (2)
appraisals must be offered. Thereafter, the owner usually
obtains a third appraisal higher than the City's highest
appraisal. In most instances, a court will split the difference
between the owner's appraisal and the City's appraisal. As a
result, the owner has incentive to force the City to proceed to
eminent domain. The state law is intended to protect or
assist the property owner and not the City. In the private
sector, a developer would hire a real estate broker or an
unknown person to acquire a parcel at a low price and hide
the true identity of the purchaser. However, in the public
sector, this is difficult to do when the Common Council must
authorize the acquisition and negotiations at a public
meeting in open session by public vote. I raised this issue
with the Charter Revision Commission. A Charter
amendment would be required to implement a new
procedure for property acquisition.
2. For every future acquisition of a former commercial or
industrial site, a Phase I environmental assessment report
must be completed. In addition, if the Phase report suggests
that a Phase 2 environmental assessment is warranted, a
Phase 2 assessment with borings and chemical testing must
be done prior to acquisition .
3. The City needs to improve the process for inspection of
demolitions
performed on private property by private contractors retained
by private property owners. A private demolition contractor
should remove and properly dispose of all furnace tanks and
other debris during demolition to prevent future problems for
subsequent purchasers. A methodology to insure this must
be established.
REFERRED TO THE COMMITTEE ON PUBLIC WORKS
NO. 25
RECONSTITUTION OF DELI TASK FORCE
ITEM NO. 235, C.C.P., 2/8/00
You requested a response from the Law Department
regarding the reconstitution of the Deli Task Force. The Law
Department is not aware of any legal obstacle to the
restoration of the Task Force. In that the reconstitution of the
Task Force has fiscal implications for the Police Department,
it is advisable to contact the Police Commissioner
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 26
CARBON MONOXIDE DETECTORS
In response to the above stated Common Council
Communication, I would like to supply your Honorable Body
with the following information. On or about June 1, 1995, a
task force was assembled to draft an ordinance governing
the installation of carbon monoxide detectors. An ordinance
amendment, Chapter 127, Carbon Monoxide Detectors, was
drafted. Discussions were held in the chambers of the
Honorable Common Council. This ordinance as drafted, was
designed primarily for the installation of carbon monoxide
detectors in buildings being used as residential dwelling
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units, This ordinance was never passed into law. If needed
the Division of Inspections, Licenses and Permits has copies
of the previously drafted Chapter 127, Carbon Monoxide
Detectors, The Carbon Monoxide Ordinance adopted by the
City ol Albany, New York and Chicago, Illinois. If we can be
of any assistance in this matter, please contact the office of
the Director of Inspections, Licenses and Permits of the
Department of Community Development. It in my sincere
hope thal this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
LASALLE PARK REHABILITATION
CHANGE ORDER 1
We are requesting permission of Your Honorable Body to
increase the above contract (No. 92010066) in the amount of
$19,375 for a total contract amount of $456,375 with Birch
Grove Landscaping.
We have authorized the following work based on the unit
prices in the contract:
Remove 63 trees$7,875
Reinstall salvaged rectangular
picnic shelter on new pad4,500
Reinstall salvaged hexagon
picnic shelter on new pad4,500
Reinstall salvaged picnictables2,500
Total$19,375
The picnic shelters and picnic tables were salvaged from
Veteran's Park. All prices were found to be fair and
reasonable by our consultant, Parson's Transportation.
Funds for this work area available in Bond Account
30441406.
SUMMARY
Base Bid $437,000
Change Order 1 19,375
Total $456, 375
REFERRED TO THE COMMITTEE ON FINANCE AND THE
DEPARTMEINT OF HUMAN SERVICES PARKS AND
RECREATION
NO. 28
MUNGOVAN PARK RUNNING TRACK
CHANGE ORDER 1
We are requesting permission of Your Honorable Body to
increase the above contract (No. 92010007) in the amount of
$36,670 for a total contract amount of $499,670 with
Birchgrove Landscaping.
We are accepting contract add alternate 1 in the amount of
$22,537 to furnish and install bleachers. In addition we have
authorized the contractor to perform the following work:
Remove unstable subbase under track area and relocate it
on site, regrade topsoil & seed
$11,695
Additional area of topsoil and seed adjacent to the removal
of a National Fuel Bridge over the Buffalo River $2, 438
All prices for the above work were found to be reasonable by
our design consultant, Wendel. Funds for this work are
available in Bond Account 204-717-001 (30440806).
SUMMARY
BaseBid$463,000
Change Order 1 36,670
Total$499,670
Mrs. LoTempio moved:
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That the above communication from the Commissioner of
Community Development dated February 10, 2000, be
received and filed, and
That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 1, to Birch
Grove Landscaping, an increase in the amount of $36,670,
as more fully described in the above communication, for
work relating to Mungovan Park Running Track. Funds for
this project are available in Bond Account 204-717-001.
PASSED
AYES -12 NOES - 0
NO. 29
D. ANDERSON-MASTEN ADV. COUNCIL
INC.-CONCERNS-LEAD ABATEMENT
TYPE-IN UPPER YLIDLPROGRAM
LOWER CASE ONLY
ITEM #73, C. C. P., FEBRUARY 8, 2000
According to our findings, the records show the following
regarding this letter and concern listed therein.
Masten NAC, Inc. was a contractor with the City to operate
the case management component of the Lead Hazard
Control Project. The contract ended on May 31, 1999.
All financial issues are to be resolved between the contractor
and the Financial Control of Agencies (FCA) according to
their procedures, practices, and timeframe.
The Masten NAC, Inc. has outstanding balances and has not
satisfied the requirements of FCA.
The Financial Control of Agencies have not received any
notification of a change in the names of any New Board
members or those who are authorized to or responsible for
signing documents including requisitions.
The paperwork for requisitions for funds have not been
accurate from the agency and therefore, has been returned
for corrections numerous times. To assist the agency staff
has had to prepare the forms with the permission of those
who are authorized on paper to sign documents.
The City of Buffalo will offer the agency assistance to
complete the paperwork as time allows and is feasible,
Attached is a copy of the last "Requisition For Funds" which
was sent to Masten NAC and Mrs. Nettie Anderson, an
authorized person to do business with FCA on behalf of
MNAC according to the file on record.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 30
ENVIRONMENTAL ISSUES
ITEM 50, CCP 12/14/99
Your Honorable Body has raised several questions relative
to industrial waste and property issues in the City of Buffalo.
First, regarding the Abby Street-Hickory Woods area, please
be advised that through ongoing and long-standing City
cooperation with the New York State Department of Health,
U.S. Environmental Protection Agency and other agencies,
the situation is moving towards a full understanding and
health-protective resolution. The City responded immediately
when the it discovered high concentrations of coke wates on
a limited number of residential properties. The City utilized
its police power and removed the coke wastes which
apparent] had been used as fill on the former steel conpany
project. This has substantially helped the situation and now
all four governmental entities involved agree that no-known
Page 31
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immediate risk exists to human health from soil in the
Hickory Woods residences.
Now, with the U.S. Environmental Protection Agency in the
lead, a study is underway b evaluate both broader and more
long term issues. This study builds on information obtained
during the City's earlier rejmval action, on sophisticated
technical evaluation conducted b, City consultants on
eighteen properties in the neighborhood, on available citizen
input, on the most sophisticated data sources available to
the Federal government and on City cooperation with State
and local governments. An EPA design for broader sampling
is expected to be completed in mid-March, delivered for
public comment soon thereafter, and the study conducted
with results and conclusions likely to be available by fall. The
City is confident that the final EPA conclusions will speak
definitively to the issue of human safety.
Secondly, the Department of ConaLmity Development and
its Office for Environment have now taken the led among city
agencies in working toward a fo I property hazard evaluation
system which will be protective as is technically an
economically feasible for any local government. Building on
procedures established over the past several years, the
system, under current review and fine tunIng, will mandate
procedures to be centered in the Department, particularly the
Office for the Environment.
The elements of the system will consist of a process which is
a) consistently followed across operational units of city
government; b) prudent and efficient in review and
evaluation; c) supportive by an accessible strategic data
base and d) the responsibility of specific staff persons.
Standard evaluative procedures would be mandated early on
In situations where City action was contemplated which,
based on pro-determined criteria, involved consideration of
sites for projects, for urban renewal plans, for receipt as gifts
to the City, or for in em takings. The Environmental Office
would contract some types of evaluations itself, contract
other types out, receive others, and be responsible for
insuring that available data generated from all sources would
become part of an existing accessible Geographic
Information System-based information system operated by
the Department of Community Development. Secure in the
knowledge that the currently operative and recently
enhanced system provides short range protection, the
Department is currently working on technical refinements,
administrative details, and legal points necessary to
accomplish the above goals under the criteria specified. The
Department anticipates that a procedural flow char relating
various types of projects to contamination concerns and to
methods/levels of property analysis will be soon available to
the Common Council and to the Buffalo Environmental
Management Commission for review and discussion. It is the
hope of the Department that the Council will be persuaded of
the wisdom of the new system being implemented , and of
the necessity of supporting its operation.
The Cormmon Council has asked further specific questions
regarding both property contamination insurance and the
City's role in human health issues. It is the view of the
Department that the new procedures being put in place
support both. As far as property contamination insurance, it
is unrealistic to expect insurers to insure the wide range of
parcels controlled by the City at a price which the City could
afford. On the other hand, such a comzx)d1ty as property
contamination insurance may have an extremely useful
Page 32
00-0222.txt
place in development plans for particular parcels or areas of
the City. After due diligence investigations have removed as
mach uncertainty-generated risk as possible, property
contamination insurance can bring any remaining risk down
to acceptable levels so that arrangements necessary for
development can easily contemplated by the various
participating parties. The Department of Community
Development's evolving new property evaluation system is a
due diligence-based system. As such, its work products
would play an important role both in highlighting sites where
property contamination insurance might necessary, and
reducinq sufficient uncertainty so that it might become
affordable.
The Department of ConneanIty Development shares the
Common Council's concern regarding the importance of an
appropriate role for local government in the very important
issues of human health affecting Buffalo's citizens. Both the
nature of urban environments and the nature of urban
populations make such concerns appropriate.
It is the view of the Department that, in light of the limited
resources of local government and in light of the much
greater attention which can be given health issues by higher
governments, specific local efforts must be focused in two
areas: work to assure the local action does no harm, and
work to induce higher government to focus on the particular
needs of municipal populations.
Regarding the Hickory Woods area, the Department of
Community Development is pleased to point out that the
Mayor has called for a special Now York State
epidemiological study C Hickory Woods, and that the Now
York State Health Department has made courAitmants in
that regard. Additionally, it is in part through Community
Development's efforts that a federal agency and the New
York State Health Department have produced a recent and
reassuring Heal Consultation assessing what was found
where, concluding there is need for a little more information,
but that there is no immediate risk to people living in the
residences from contaminants found in place during this
summer City soil investigations.
Regarding broader health issues in the City, the Department
of Community Development' Office for the Environment has
long played a role, within the limits of its modest capacities,
in this regard. Actions have been focused on referral of
citizen concerns, advisory board participation, competition
for and operation of generally relevant small grants, and
technical assistance where possible. To the extent which
staffing allows, the Office would welcome discussions as to
what else might be done through collaboration to enhance
City efforts in this important issue area.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 31
HISPANOS UNIDOS DE BUFFALO
ITEM NO. 75 C.C.P.FEBRUARY 8, 2000
In reference to the above item, attached is a copy of the
letter I sent to Mr. Albert delValle in response to his
communication (copy also attached) to Jennifer DeRose.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 32
HOLY CROSS CHURCH, REQUEST WAIVER OF PERMIT
Page 33
00-0222.txt
FEES
In response to the above stated Common Council
Communication I would like to supply your Honorable Body
with the following response. We in the Department of
Community Development, Division of Inspections, Licenses
and Permit are the enforcement agency for the Housing and
Building Codes for the City of Buffalo. As situations such as
these airs from time to time, we have no objections to the
waiving of fees for the pen-nits on this project. It is my
sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 33
303 NORTH STREET
HOME FUNDS - $300,000
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.
Rental Rehab application.
Symphony North Apartments has been approved for a
loan in the amount of $300,000 at 4% for 11 years. The
monthly payment will be $2,219.06.
OWNERS
Symphony North Apartments
303 North Street
Buffalo, NY 14222
The property is located on North Street between Elmwood
and Richmond. There are 174 units in this project. The
principal owner, Mr. Don Reeves, has met with the Allentown
Association, and the Association h given the project its
support. Mr. Reeves has also applied for and received
approval from the Preservation Board.
The owner and contractor have also met and received the
approval of the Mayor's Office of Contract Compliance (letter
attached).
The property carries a first mortgage in the amount of
approximately $1,500,000, with the proposed $300,000 in
HOME funds second mortgage, the Loan to Value ratio win
be 72%.
I am respectfully requesting that the Common Council
approve the allocation of $300,000 in HOMI funds to the
Buffalo Neighborhood Revitalization Corporation to be
loaned to Symphony North Apartments at the above outlined
terms.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 34
ONE-HUNDRED FOOT SETBACK WATERFRONT
PROPERTIES
ITEM NO. 118, C.C.P. 11/30/1999
The Department of Community has reviewed the proposal,
by the Friends of the Buffalo River, that the Common Council
enact legislation for a one hundred-foot setback for
Waterfront properties adjacent to the Buffalo River. The
Department of Community Development, Division of
Planning is currently undertaking the task of preparing a new
City Master Plan, which includes Local Waterfront
Revitalization Policies (LWRP). The Department of
Community Development would ask that your honorable
body to hold off creating any additional Waterfront setback
legislation until the results of the LWRP component be
completed.
Page 34
00-0222.txt
In light of recent City Charter revisions and the need for
coordinated planning efforts the Department of Community
Development would further ask that the Common Council
continue to seek advice from the Division of Planning with
regard to any proposed zoning ordinance amendments.
Coordinated planning for all development project is key to
the success of the project and to the future of the City of
Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 35
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 14, 2000 in the Department
of Community Development Division of Planning to the
Position of Senior Planner, Provisional Appointment at the
Intermediate (Step 3) Starting Salary of: $ 36,677.
Thomas A. Chwalinski
285 Abby Street
Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 36
COMMERCIAL WASTE PICKUPS
Attached please find the following: Filed in the City Clerks
Office
*A current list of businesses that have submitted copies of
contracts with private firms, allowing them to avoid the city's
user fee.
*A list of businesses that have been billed for the user fee,
but have not paid, or are more than 6 months behind in their
payments
*A list of businesses that have purchased or leased totes or
dumpsters from the City of Buffalo
REFERRED TO THE COMMITTEE ON BUDGET
NO. 37
IMPROVE BUFFALO'S RECYCLING PROGRAM
The following is information that was requested on February
9, 2000, Res. # 247, C.C.P. February 8, 2000.
1. Recycling Rates for 1999.
Total tons of recyclables collected at the curb in 1999
14,025
Fiber Materials (newspaper, magazines, cardboard, etc.)
11,220 Co-Mingle Materials (glass, metal and plastic
containers) 2,805
Additional material recycled at the ESTS:
Leaves1,200
Wood Waste1,100
Christmas Trees160
Total additional materials recycled 2,460
Total Materials Recycled16,485
Total Solid Waste Delivered to Modern Disposal
154,580
1999 Recycling Percentage11%
This is up from just 9,000 tons recycled in 1995, for an
increase of over 53% over the last five years.
2. Comparison of Buffalo's recycling rate with the state
average as determined by the NYSDEC.
We have not yet received the annual recycling report
published by the NYSDEC. However, according to a report
published by the New York State Legislative Commission on
Solid Waste Management, "Where Will the Garbage Go,
1999?" the following will provide the comparison requested
Page 35
00-0222.txt
as reported by them.
City of Buffalo11%
New York State 23.5%
The LCSWM reported that the NYSDEC 1997 reported
recycling rate of 42% used material categories not
recommended by the Federal EPA's standardized recycling
rate model. Using EPA's model, NY's recycling rate for 1997
would have been 36%. As can be seen from this information,
the actual recycling rates for NYS will vary. Based on
discussion with other recycling professionals from around
NYS, the recycling rate will vary between 25% - 35%, with
urban areas recycling approximately 15% - 25% on average.
3. Terms of the contract with BFI for processing the City's
recyclables:
BFI is operating as a sub-contractor for Waste
Management, who in the process of purchasing CID,
purchased the recycling contract the City had with CID. This
contract calls for a $2 per ton revenue for the first 9,125 tons
delivered to their facility, and $10 per ton for every ton
thereafter. This contract will be completed in April of 2000.
The Department is in the process of issuing a Request for
Proposals (RFP) for the processing of its curbside recyclable
materials.
4. Department plans for improving the recycling program.
The Department currently has a grant with the NYSDEC
for waste reduction education materials. Programs that are
included in this grant displays for use at presentations and
printed materials. In addition we continue to provide
recycling containers free of charge through our office, and at
various community centers throughout the City. Also, it is our
belief that the use of the new semi-automated collection
system will increase recycling participation by residents and
businesses.
As always, our office will provide technical assistance,
presentations or printed materials upon request on all solid
waste management issues, including, but not limited to,
waste reduction, reuse, recycling, composting and
household hazardous waste.
5. Status of current or potential NYS grants for recycling
education.
At this time there are no recycling education grants.
However, as mentioned above there are grants available,
which the City currently has, for waste reduction education.
6. A proposed budget for recycling education.
The Department has included funding for waste reduction
and recycling education in the 2000-2001 FY Budget. This
funding will be 50% matched by the NYSDEC grant that we
currently have.
7.The Department's approach toward implementing
a Pay-As-You-Throw (PAYT) system to increase recycling.
The new semi-automated collection system that the
Department is currently implementing can be used to
develop a PAYT strategy. If the decision is to implement
such a program, a fee structure would need to be developed
recognizing the different size containers (95, 65 or 35 gallon
containers) that were being used. In addition, strict
enforcement of no garbage being left next to the container
would also have to be put in place to make the program
feasible under the new payment structure.
8. Report on the status of the Solid Waste Advisory Board.
The Solid Waste Advisory Board met most recently on
January 19, 2000. Members of the board include
representatives from the NYSDEC and Erie County as well
Page 36
00-0222.txt
as citizens concerned with the ever increasing amount of
garbage produced by our throw-a-way minded society. The
Board feels strongly that recycling needs a good boost that
will lift levels of recycle. A public awareness campaign was
suggested to spotlight the recycle program in the City of
Buffalo. The members were in agreement that the new Blue
Can Program will foster a need to recycle. The next
scheduled meeting will be March 20, 2000.
If you should have any further questions, or if you need
any further assistance, please contact me at 851-5949.
Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 14, 2000 in the
Department of Street Sanitation to the Position of Dog
Control Officer, Temporary Appointment at the: Intermediate
Starting Salary of: $ $26,500.
Frank A. Militello
177 Dearborn Street
Buffalo, New York 14207
REFERRED TO THECOMMITTEE ON CIVIL
SERVICE
NO. 39
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 7, 2000 in the Department
of Street Sanitation Division of to the Position of Heavy
Equipment Operator Provisional Appointment at the:
Maximum Starting Salary of: $ 30,708
Joseph F. Szafranski
93 Gordon St.
Buffalo, NY 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 40
APPOINTMENT - RESIDENCY INVESTIGATOR
I would like to inform your Honorable Body that I am
appointing Mr. Charles Flynn of 102 Pomona Street, Buffalo,
NY 142 10 to the position of Residency Investigator. Mr.
Flynn will begin on February 2 1, and will fill a vacancy
created by the departure of Thomas Chwalinski, who is
leaving to become a Senior Planner in the Division of
Planning. Mr. Flynn's experience for 7 seven years as a
hearing officer makes him a good choice for the position. His
salary will be $36,043.
REFERRR TO THE COMMITTEE ON CIVIL SERVICE
NO. 41
PERMISSION TO SET UP T & A ACCOUNTS
ITEM #58, C.C.P. JANUARY 25, 2000
There is no problem with setting up these two T & A
accounts. However, under the City's MUNIS system projects
can be identified by project ID codes.
Generally speaking, funds should be deposited into the
same fund from which they are expensed from. To make a
proper decision, determination should be made on the
expense side rather than on the need to segregate the
funds.
Page 37
00-0222.txt
RECEIVED AND FILED
NO. 42
CITY OF BUFFALO
STATE AID AND LEGISLATIVE REQUESTS, 2000-2001
As discussed in the meeting this morning between your
Honorable Body and the Mayor, I am hereby filing this
document for official review and action.
As always, I am available for any questions you might
have.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 43
CERTIFICATE OF APPOINTMENT
Appointment Effective January 29, 2000 in the
Department of Administration & Finance Division of Civil
Service to the Position of Exam Monitor IV Temporary NC at
the Flat Starting Salary of: $ 20.00 per hour
John F Lawler 42 Harbour Dr. Cheektowaga, NY 14225.
Dominic Liberto, 4888 Ledge Lane Williamsville, NY 14221
Charles Manley, 4391 S. Buffalo Orchard Park, NY 14127
Charles Manuella,18 Randy. Way, Cheektowaga, NY 14227
Thomas McHuqh, 389 Broad St., Tonawanda, N Y 1415 0
George Novak,7728 Back Creek Rd.,Hamburg, NY 14075
Larry Sullivan, 29 Linwood, Tonawanda, NY 14150
Melvin Szramkowski, 40 Lucid Dr, Cheektowaga, NY 14225
Salvatore Torre, 4309 N. Bailey Ave.,Amherst, NY 14226
Harold Wiles, 2244 Dodge Rd., Amherst, NY 14051
Edward Riederer;Jr, 5665 East Lane, LakeView, NY 14085
James Sember, 215 Traverse,BIvd.,Buffalo, NY14223
Paul Shanks, 151 Buffalo . Apt. 901,Niagara Falls, NY 14303
William Shenk, 133 Richfield Ave., Buffalo, NY 14220
Robert Sl6mmon, 172 Meadow Lea, Amherst, NY 14226
Louis J. Spitzer, 144 Robin Hill Dr., Williamsville, NY 14221
John O'Connor, 79 Marine Dr. #6F.,Buffalo, NY 14202
Agostino Preziuso, 25 Creekwood Dr.., Cktg, NY 14227
John Regan, 40 Robins St., Buffalo, NY 14220
John Fabian, 371 Wimbleton Ct.,West Seneca, NY 14224
Kathy Furlong, 259 Cook Rd., E Aurora, NY 14052
Louis Gandy, 62 Maria Lane, Cheektowaga, NY 14227
George Hudson, 17991 Greenbush Rd, Akron, NY 14001
William Keohane,65 Danbury Lane, Buffalo, NY 14217
Ferdinand Larson, 44 Lyrae Dr., Getzville, NY .14068
Alfreda Banks, 168 Taunton Place, BuffaIo, N Y 14216
Eugene Bowers, 722 Crescent Ave., Buffalo, NY 1421 6
Leon A. Bowers, 53 A 11 e n h u r s t R d,Buffalo, NY 14214
Charles Cala, 209 Crescent Ave., Buffalo, NY 14216
Catherine Carey, 556 Dorrance, Buffalo, NY 14218
Pasquale D'Orazio, 14 Foxwood Row, Depew, NY 1404.3
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE CIVIL SERVICE COMMISSION AND THE
CORPORATION COUNSEL
NO. 44
CERTIFICATE 0F APPOINTMENT
Appointment Effective: 1/31/00 in the Department of
Administration & Finance Division of Treasury to the Position
of Senior Administrative Assistant Provisional Appointment
at the Maximum Starting Salary of $42,337
Debbie A. Renzoni, 20 Brost Drive, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
Page 38
00-0222.txt
PARKS AND RECREATION
NO. 45
ILLEGAL PARKING AT DESIGNATED PARKING SPACES
FOR PERSONS WITH DISABILITIES AND AT CITY
PARKING MET
CC P 239 FEBRUARY 8, 2000
At the request of Commissioner Daniel Durawa, the
following response was sent regarding CCP 239 of February
8, 2000.
Illegal Parking at _Designated Parking Spaces for
Persons with Disabilities and at City Parking Meters
In response to resolution # 239 CCP, CCP February 8,
2000, 1 would like Offer the following statements:
1) Parking Permits are issued in accordance with New
York State Vehicle and Traffic Law. There is a special
footnote that allows cities with populations over 1 million
people to administer their own regulations (in this case New
York City) however the City of Buffalo can not develop its'
own program (a request has been made to have Albany
review the legality of this proposal) ;
2) The City of Buffalo has approximately 15,000 valid
permits outstanding and issues permits at a rate of 400 per
month. There are approximately 30 permit issuing agents in
Erie County alone and those permits are valid throughout the
state of New York including the City of Buffalo;
3) Currently, the City of Buffalo is in the process of
computerizing all of the outstanding permits. That will
provide easier access to the Parking Violations Bureau for
increased enforcement;
4) The problem of persons illegally using parking permits
for the disabled has existed since the permits were first
issued. As soon as a check is developed to stop the abuse,
the abusers find a way around it. The proposal suggested
would be easy to copy and would still not address the valid
permits that come from other issuing localities.
5) At the present, to implement such a program would
require both additional time and financial support which are
not available.
Since enforcement and catching persons violating the law
would help to reduce the Number of violations, the new
computerized system should be able to provide a greater
ability to enforce the law as it currently exists.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 46
MONTCO CONSTRUCTION
In response to the Common Council's resolution regarding
Montco Construction status as a minority owned business
please be advise of Modesto Candelario, Affirmative Action
Specialist did the following investigation.
Montco Construction is a Certified Native American owned
company with the SBA 8A program NITA and the State of
New York (Empire State Development Corporation).
Coroline Campbell is the President of the corporation and
Monte Campbell is the VicePresident, both of them are
Native American. Interviews were made with the following
individuals to verify Momco's status as a Native American
owned company: James 0. Branch, Contracting Officer U. S.
Small Business Administration,. The company received 8A
certification as a Native American owned company and
graduated from the program in September 1997. Gerald
McDuffic, Empire State Development Corporation, verified
Page 39
00-0222.txt
Montco' s certification as a Native American owned
Company.
Maryetta Pugh, Affirmative Action Officer, Niagara Frontier
Transit Authority, verified Montco's Certification as a Native
American Owned company and she also indicated that as
her office conducted field audit in early 1999.
RECEIVED AND FILED
NO. 47
APPOINTMENT OF DIRECTOR OF SUBSTANCE ABUSE
SERVICES L. NATHAN HARE
Pursuant to the powers vested in me under Article 14-A of
the Charter of the City of Buffalo, please be advised that I
have appointed Mr. L. Nathan Hare, 315 Commonwealth
Avenue, Buffalo, New York 14216, Director of the Division of
Substance Abuse Services effective February 7, 2000.
As a career public servant, Mr. Hare has dedicated his life
to the utilization of his skills, energies and vocational
commitment to the creation, administration and growth of
public service institutions and service methodologies. For the
past 27 years, he has worked primarily in an executive
capacity at varying levels of government and private human
service agencies. As such, he has developed a strong
record demonstrating the use of his skills to teach, to nurture
and to lead agency and institutional systems, and community
organizations.
Mr. Hare has been employed with the County of Erie as
the Commissioner for the Department of Youth Services.
Previous to this, he was employed with the County of Erie as
the Deputy Commissioner of the Department of Social
Services. Other previous relevant employment included the
positions of Executive Director, Erie Community College,
Office of Special Programs, Director of Admissions, Bryant
and Stratton Institute, Director of Training for the Erie County
Auto Service Training Program, Director of Training, New
York State's State Department, Division for Economic
Opportunity and Program Development and Research
Coordinator, State University of New York at Buffalo,
Educational Opportunity Center. From 1971-78, Mr. Hare
was employed with the City of Buffalo, beginning in the City's
Model Cities Agency, which became the Department of
Human Resources, served as Program Coordinator of the
Employment Information Center, as the Contract
Compliance Officer of the Employment and Training
Administration, and as the Executive Director of the Youth
Occupational Development Program.
Mr. Hare has served on the following Boards: United Way
of Buffalo and Erie County, County of Erie Juvenile Justice
Advisory Board, Olmstead Trustee Board, Langston Hughes
Culture and Arts Institute Development Board, Children's
Commission of the Center for the Study and Stabilization of
the Black Family, and M.AD DADS Board of Directors.
Mr. Hare has a B.S. Degree in Small Business
Management from Medaille College and attended the State
University of New York at Buffalo, Graduate Division,
Department of Education, Organization, Administration and
Policy as an EdM candidate.
Based on the above, I hereby certify that Mr, L. Nathan
Hare is fully qualified to serve as the Director of the Division
of Substance Abuse Services.
REFERRED TO THE COMMITTEEON CIVIL SERVICE
Appointment Effective February 7, 2000 in the Department
ofHuman Services, Parks and Recreation Division of
Page 40
00-0222.txt
Substance Abuse Services to the Position of Director of
Substance Abuse Services, Exempt, Appointment, at the
Flat Starting Salary of $54,979.
L. Nathan Hare
315 Commonwealth Avenue
Buffalo 14216
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 7, 2000 in the
Department Of Human Services,Parks & Recreation Division
of Contract Administration to the Position Of Fiscal
Supervisor at Starting Salary of: $ 34,335 Provisional,
Promotion, at the Intermediate
Catherine Sexton, 131 Colvin Avenue, Buffalo, 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF GENERAL SERVICES
NO. 49
CONSOLIDATION OF MAILROOM WITH BOARD OF
EDUCATION
In response to the Education Committee's inquiry of the
feasibility of consolidating the mailrooms of the Board of
Education and the City Mail Room, please accept the
following as or finding of fact:
The City of Buffalo's Mail Room is currently processing
approximately 12,000 pieces of mail per week excluding
large mailings (tax, water, user fee) with a staff of two (2)
people. The activity of the mail room is organized and
automated. Historically the City used the services of a third
party pre-sorter with postage and handling cost above the
market rate. After thorough review and analysis of this
situation, the third party carrier services were terminated and
mail was metered at market rate.
Consolidation of the Board of Education's Mail Room and
the City of Buffalo Mail Room is in essence a space
consolidation and not employee downsizing. Our information
points out that we are using similar equipment which would
result in several thousand of dollars in savings from meter
leasing. System and equipment efficiencies would be
realized. Admittedly, we are not familiar with the intricate
"internal pony system" of the Board and would not assume
to speak to it or disrupt the system through a consolidation.
Our proposal is that similar to the proposal of the Board of
Education's Print Shop; namely to reduce the expense of
duplicate equipment, merge the 1500 pieces per week the
Board sends out with the 12,000 pieces the City currently
processes. In no way, shape or form are we proposing or
eluding to staff reduction, on the contrary the City's Mail
Room can accommodate the additional staff person. We
further propose the use of our current mail carrier which will
result in an $18,000 to $19,000 savings in postage per year.
Additional savings should be realized in labor and
transportation as well as software and computers that would
be required.
It is the opinion of this Department that this "cooperation"
will benefit the Board of Education to reduce its costs in
machines and leases. The downside to this proposal is the
willingness of both parties to cooperate and eliminate "turf"
issues. We maintain the Board of Education employee would
maintain their employment with the Board and would be
supervised by the City department.
Page 41
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Attached please find the proposal we accepted to DXO
Communications of Buffalo, Inc. Should this Committee have
any additional questions, please contact Ronald Carnavale,
Director of Inventory and Stores.
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE BUFFALO SEWER AUTHORITY
NO. 50
BUDGET-BUFFALO SEWER AUTHORITY
MINORITY BUSINESS ENTERPRISE COMMITTEE
As per your request, please find a copy of the current
budget for the Buffalo Sewer Authority.
If you have any questions, please contact our office.
Sincerely,
RECEIVED AND FILED
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 51
BUDGET FOR BERC
The original copy of the BERC Budget is on file in the City
Clerks'
office.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 52
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons
applying for liquor licenses from the Erie County Alcohol
Beverage Control Board.
AddressBusiness Name Owners Name
145 Allen StGabriels Gate Jonathon Hall
16 Allen StreetCodaco Inc Codaco Inc
1412 Main StreetJibaro Jibaro Inc
707 William stRozina Patel Masih Rozina Patel
Mazih
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 53
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
Comptroller- David Pratt
Joseph Syroczynski
Public Works-Alberta Hollis
Eddie Williams
Police- Brian Slomba
Deborah Daniel
Street Sanitation-Harvey Jones
Human Services, Parks/Recreation-
Thomas Chwalinski
Catherine Sexton
RECEIVED AND FILED.
NO. 54
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
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00-0222.txt
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
NO. 55
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
DEPARTMENT OF HUMAN SERVICES PARKS AND
RECREATION
Appointment Effective February 21,2000, in the
Department of Human Services Division of Recreation to the
Position of Fee Collector at the Flat Starting Salary of $ 5.15
Kelly Haug, 136 Sheffield, Buffalo, NY 14220
Appointment Effective: February 7,2000, in the
Department of Human Servcies, Division of Parks, to the
Position of Laborer II, Seasonal Non competitive at the
Minimum Starting Salary of: $6.92
Paul Stokley, 562 Parkside Avenue, Buffalo, NY 14216
Appointment Effective: February 21,2000, in the
Department of Human Servcies, Division of Recreation, to
the Position of Lifeguard
Seasonal Non competitive at the Flat Starting Salary of $
6.25/hr
Cory McCallister,424 Dorrance, Buffalo 14220
DEPARTMENT OF STREET AND SANITATION
Appointment Effective: February 9, 2000, in the
Department of Street Sanitation, to the Position of Seasonal
Laborer II at the Starting Salary of: $ 6.92
Aaron Bell, 55 Purdy Street, Buffalo, NY 14208
NO. 56
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 ADMINISTRATION AND FINANCE
Appointment Effective February 7, 2000 in the Department
of Administration and Finance, Division of Parking
Enforcement, to the Position of Tow Truck Operator,
Provisional Appointment at the MinimumStarting Salary of
$24,331
James J. Linkowski, 187 West Woodside, Buffalo 14220
DEPARTMENT OF HUMAN SERVICES PARKS AND
RECREATION
Appointment Effective in the Department of Human
Services Division of Recreation to the Position of Spvrs.
Lifeguard TA as required Non competitive at the Flat Starting
Salary of $ 6.50
Rachel VanAlstine, 61 Mayer, Buffalo, New York 14207
MAYOR'S OFFICE
Appointment Effective February 9, 2000, in the
Department of Mayor's Office, Division of Executive, to the
Position of Stenographic Secretary Permanent Appointment
Page 43
00-0222.txt
at the Starting Salary of $28,828.00
Susan J. Anderson,68 Stevenson Street, Buffalo, New York
14202
DEPARTMENT OF PUBIC WORKS
Appointment Effective February 14, 2000, in the
Department of Public Works, Division of Buildings to the
Position of Senior First Class Stationary Engineer
Temporary Appointment at the Flat Starting Salary of $10.25
Edward F. Anken, 73 Houston Street, Buffalo 14220
Appointment Effective: 1/13/2000 in the Department of
Public Works, Division of Engineering to the Position of
Laborer II, Temporary Non-Competitive at the minimum,
Starting Salary of: $ 21,903
Johnnie L. Davis,1256 Fillmore Ave., Buffalo, NY 14211
Appointment Effective: February 91 2000, in the
Department of Public Works Division of Engineering to the
Position of Street Repair Worker Temporary
Non-Competitive at the Minimum Starting Salary of: $ 24,331
Louis Carey,136 Avery Ave.,Buffalo, NY14216
Appointment Effective: February 22, 2000 in the Department
of Public Works, Division of Water to the Position of Caulker
Permanent
Non-Competitive at the minimum Starting Salary of: $ 30,059
Thomas D. Peters, 13 Tacoma Avenue,Buffalo, 14216
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 57
CITY OF LACKAWANNA
COMPREHENSIVE PLAN, ZONING ORDINANCE AND
DESIGN GUIDELINES
LACKAWANNA PLANNING & DEVELOPMENT BOARD
INTENT TO BE LEAD AGENCY
This notice constitutes a statement of intent for the
Lackawanna Planning & Development Board to act as lead
agency for the environmental review of the City of
Lackawanna Comprehensive Plan, Zoning Ordinance and
Design Guidelines. You are being notified of this action in
accordance with the New York State Environmental Quality
Review Act 6 NYCRR Part 617.6. Under State law, you have
thirty (30) days to object to the designation of the
Lackawanna Planning and Development Board as lead
agency for this action.
We have enclosed, for your use, Parts I and II of the
SEQRA Environmental Assessment Form for this project.
Under Section 617 of SEQRA this is a Type 1 action.
Please contact Joseph Geyer, Lackawanna Code
Enforcement Officer, 714 Ridge Road, Lackawanna, NY
14218, (716) 827-6428, if you require additional information.
RECEIVED AND FILED
NO. 58
U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HUD INFORMATION
Three years ago, the Department of Housing and Urban
Development set out to accomplish two goals: close the
competence gap by cleaning up waste, fraud and abuse;
and close the opportunity gap for people and places left
behind in the new economy.
We have made significant progress in accomplishing these
Page 44
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goals. Today HUD is back in business. We won our first
"clean audit" in the agency's history. Harvard University and
the Ford Foundation have twice awarded HUD their
prestigious "Innovations in Government" award. And over
the past two years, Congress rewarded HUD with its best
budgets in more than a decade.
Building on this success, the President has proposed an
even stronger HUD budget for FY 2001its best in 20 years.
The budget both renews HUD's commitment to its core
programs and addresses new challenges facing America's
communities. Highlights include:
A total of $32.1 billion for HUD programs - a $6
billion increase over last year, in every program area,
including CDBG, HOME, and other core programs;
120,000 new housing vouchers, and additional
initiatives to increase affordable housing and
homeownership: the first housing production vouchers in
several years, and increased funding for Fair Housing, public
housing and HUD's new Housing Security Plan for Seniors;
Support for a cornerstone of the President's New
Markets Initiative, the America's Private Investment
Companies (APIC), and other initiatives to build new markets
in inner city and rural communities: full funding for
Empowerment Zones, the largest Native American budget
request ever, and increased funding for our successful
economic development loan program;
Initiatives to promote safe and livable
communities, including brownfields cleanup and
redevelopment, Regional Connections to bridge the divide
between cities and suburbs, a renewed assault on crime and
gun violence in our communities, and new partnerships with
non-profit and faith-based organizations.
I am enclosing a copy of the budget summary for your
review. It affirms the progress we have made at HUD and as
a nation. HUD is leaner, smarter, and more effective than
ever. We are in the longest economic expansion in our
nation's history, but there are still too many people and
places left behind. I look forward to working with you in the
months ahead to ensure that everyone has a chance to
share in this great American success story.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL
NO. 59
GREENBACK PLAN
By now, you may have received information regarding
NFTA-METRO's Greenback Plan. Because many companies
in your area have already signed up their employees, we
thought you might be interested.
The Greenback Plan saves both employees and
employers money by allowing employees to purchase a
Metro Flash Pass using pre-tax dollars in the form of a
benefit. The program can be set up in a number of different
ways depending on your pay schedule, human resource
department preferences, et al.
We sent an informational packet to your company in early
January, which fully explains the plan and how easy it is to
utilize. I have included another Greenback brochure and
poster with this letter to further familiarize you with the
Greenback Plan. Once you know if you would like to initiate
the plan, and know the total number of employees who
would like to participate, simply call our Manager of Cash
Management, Rick Calipari at 855-7235 to order the number
Page 45
00-0222.txt
of passes that you need.
The Greenback Plan may be implemented as soon as you
like. Thank you for your interest. We look Forward to having
City of Buffalo on board.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 60
NIAGARA/RHODE ISLAND BLOCK CLUB CRIME
CONCERNS
On 4/27/99, a meeting was held in the Division of
Neighborhood Office in City Hall. Present at that meeting
were: Lenora Foote, SOS Task Force, Richard Kaufman,
Assistant US District Attorney, Michael Drmacich,
Community Prosecutor Erie County DA, Jeremy Toth, Chief
of Staff for Sam Hoyt, NYS Assembly, Senior Investigator
Mark Mann, NYS Police, Greg Savage, Erie County Sheriffs,
Narcotics and Intelligence, Lt. Smith, Buffalo Police
Narcotics, Donna Mohan-Grace, Members of the
Massuchusetts St. Block Club and the Niagara/Rhode Island
Block Club.
The community's goal for this meeting was to secure
commitments from our government agencies to begin a
"Sprina Cleaning 99" drug sweep.
Subsequently, we have formed a consortium of over
sixteen block clubs under the auspices of the West Side
Congress to address the drug problem. This request for a
drug sweep is made on the behalf of over 200 community
activists. We are continuing to seek out additional block
clubs to join our efforts.
We wish to establish a template, a pilot program that can
be used to save our area, to be utilized as a model for other
parts of the city and for subsequent sweep efforts. Our goal
is to put procedures, renewable funding sources and a
comprehensive, integrated interagency structure together so
citizens and officials do not have to keep reinventing the
wheel.
Our Block Club alone has compiled a list of over 65
individuals and numerous addresses that we want targeted
for investigation due to their involvement in the drug trade.
We have names, photos, addresses, and other information
on many of these individuals. It is obvious to any observer
that the 65 targets in our block club area is only the tip of the
vast iceberg which is the West Side drug problem.
EIGHT OBJECTIVES FOR 1999:
1. An interagency narcotics investigation that yields hand to
hand, felony, drug buys that target both dealers and
customers.
We wish to focus on the demand as well as the supply.
2. A drug sweep to capture these individuals
3.Effective felony prosecutions -that do not include plea
bargains.
4. A full accounting of those bought from and those arrested
the charges and the outcomes of the prosecutions.
5. Prosecution of the drug house landlords under existing
licensing laws, the bawdy house law, state and federal law
to,, levy fines, shut down and seize these properties.
6. Increased staffing for the Buffalo Police Narcotics.
Establishment of squads comprised of NYS Police Narcotics
Investigators, Erie County Sheriff Narcotics and Intelligence
Bureau Investigators who are assigned full-time to Buffalo.
We believe there is sufficient community support and a clear
Page 46
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need for such increased staffing.
7. A permanent, full-time fugitive squad for the city and
county.
8. Establishment of a central interagency clearinghouse for
information & intelligence regarding all violations of the law
so that enforcement agencies can effectively allocate
resources to problem areas and insure interagency
cooperation.
1. In spite of the Buffalo Police Vice & Narcotics officers'
continuing hard work and brave efforts there are no
undercover officers to make felony buys or to run "Operation
Johnny". We are told this is due to union restrictions that
preclude the use of younger male and female officers. This
is outrageous and totally unacceptable! There are only 32
officers assigned to Vice & Narcotics. There are a
disportionately high number of officers assigned to Homicide
and Community Services. If staffing cannot be
reapportioned, we feel it is imperative that more officers be
hired so that resources can be moved to Narcotics. Let's
give these dedicated officers the necessary resources for the
job.
2. The Sheriffs Narcotics and Intelligence Bureau has 13
officers. This is not enough. They do a terrific job and are
very helpful but we need more officers whose regular
assignment is Buffalo.
3. The State Police also have been a great help to us. But,
we need a narcotics squad of these outstanding people
whose regular, full-time assignment is city drug activity.
The citizens of Buffalo are used to dealing with the
problems of a poor job market, high taxes, diminished public
services and an often ineffective, compartmentalized city
government. But, we cannot accept or tolerate our
neighborhoods being awash in drug dealers, drive by
shootings, arson, prostitution and numerous other related
crimes. This is what is killing our city!
Why is it that citizens of Buffalo must continually lobby to
have the laws enforced and talk to everyone from the dog
catcher to the federal government to get the most obvious
things accomplished. In most other municipalities similar
problems are addressed with one phone call. It is no wonder
that the population of educated, working people is shrinking
and people are abandoning their property.
This year, we wish to do a complete job and return our
neighborhoods to the law abiding citizens. In spite of the
brave efforts of law enforcement, government officials and
the citizenry we are inundated with more druggies every
year. We are no longer willing to accept band-aid, half
measures that only move the players around the block, or
plea bargains that return the felons to further destroy our
quality of life. We insist that the laws be fully enforced or
effectively prosecuted. It is clear that a comprehensive
interagency approach is the only solution to eradicate these
persistent criminal problems. We are asking your assistance
in focusing the necessary resources to achieve these
remedies.
Our next strategy meeting will be on July 15th at 2:00 PM
in the Division of Neighborhoods Office Room 313, City Hall.
We insist that all the decision makers who control funds for
the necessary staffing, overwriting and resources to be
present at this meeting. The community wants firm
commitments that sufficient funds will allocated for this effort.
If you concerned that we cannot afford such an effort, we
remind you that cannot afford not to. Unless, you wish to turn
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off the lights when the law abiding people are all gone.
We can be contacted at 885-1045 or the above address.
Thank you for your efforts to protect our city's quality of life
and your prompt response.
TO THE SPECIAL COMMITTEE ON POLICE
REORGANIATION, AND THE REMAINDER TO THE
COMMISSIONER OF POLICE AND THE CORPORATION
COUNSEL
NO. 61
THRUWAY TOLL INCREASES
I am writing on behalf of my constituents in the Town of
Hamburg to request your reconsideration of the planned
Thruway toll increases. I am particularly frustrated by the
timing of such a proposal, given that a good-faith study of
the possibility of removing tolls from the commuting range of
Buffalo is currently underway and we anxiously await the
results.
Although this study was agreed to prior to the
commencement of your tenure with the Thruway Authority, I
am optimistic that you are familiar with its origins. NYS
Senator Dale Volker, US Senator Daniel Patrick Moynihan
and US Senator Charles Schumer, along with many Western
New York communities, headed up by the Town of
Hamburg, called for the study in 1998. At Senator Volker's
urging, the study was agreed to by the Greater Buffalo
Niagara Regional Transportation Committee in cooperation
with the NYS Thruway Authority, with an initial completion
date of January 2000. I understand that staff
turnover and other reasons account for the delay and that
we can expect the results by April 2000.
I have a rather lengthy record of correspondence with your
predecessor detailing the Town of Hamburg's desire to have
the Lackawanna toll barrier moved to a location further west,
beyond the commuting range of Buffalo. Geographically, the
Town of Hamburg is a first ring suburb of Buffalo and is first
Town outside "free commuting zone" along the Thruway. It
has two toll exits along the Thruway, which traverses the
middle of the Town. Many commuters cannot avoid the tolls,
and our Chamber of Commerce has come out strongly in
opposition to the tolls as a barrier to bringing business to our
Town. Needless to say, our community was bitterly disappointed
when 1996, the year set for the expiration of tolls, came and went
without the removal of tolls.
I've enclosed a copy of a resolution approved by the Hamburg
Town Board on February 14. As stated, we consider the proposed
increase in tolls to be poor timing at best and unconscionable at
worst. We ask that you rescind the planned increase in tolls, and
expedite the completion of the study examining tolls in Western
New York. I thank you in advance for your consideration.
RECEIVED AND FILED
NO. 62
ONTARIO STREET PARK TO COUNTY
This letter is in response to your letter dated February 9,
2000 regarding Res. #236, CCP, February 8, 2000, entitled
"Ontario Street Park to County of Erie."
This resolution represents the culmination of several
months' worth of meetings and negotiations among various
individuals and governmental agencies. Please be advised
that the Erie County Legislature looks favorably upon this
action by the Council, and urges its adoption at your
Honorable Body's earliest opportunity.
Page 48
00-0222.txt
If you should require additional information, please contact
us at (716) 858-7500.
RECEIVED AND FILED
NO. 63
INFO-CHANNEL 18 PROGRAM
I am an independent community accesp cable television
producer. I distribute my program on bnn channel 18 on the
adelphia cable syrtem in the City of Buffalo.
It is my intention to document and broadcast open and
public council and committee meetings on my puplic access
n ppogram. My drift is to follow a key proposals from
introduction, through committee discussions and public TV
comment, to the final vote.
I take the time to relate each issue of importance in
context. I avoid using sound bites which confuse the
intended meaning of the speaker. This is the beauty of
community access television, where time has no commercial
value.
Please accept this invitation! The buffalo busker presents"
will premier on.
Sunday, february 13, 2000 at 11:00 pm Channel 18, on
adelphia cablevision in the city of buffalo.
Please set your vcr if you sleep early. You will see a sample
of my treatment from past productions.
Thank you, and may god bless you with wisdom and
conviction
RECEIVED AND FILED
NO. 64
SEQR REVIEW
SOUTH BUFFALO REDEVELOPMENT PLAN
CITY OF BUFFALO, ERIE COUNTY
We have reviewed the subject development and have the
following comments:
We concur with the Lead Agency designation.
Additional information is required before we can complete
our review of the development.
A NYSDOT Highway Work Permit will be required for any
work within the State Highway Right-of-Way. Additional site
engineering review will be done as part of the Highway Work
Permit process. This letter does notconstitute approval
for the purposes of a Highway Work Permit.
Other comments: We would like to review the Generic
Environmental Impact Statement when it becomes available.
If you have any questions or comments, please contact
Joseph D. Buffamonte at 847-3241.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 65
CONCERNS POLICE PATROLS, ETC.
I attended the Council hearing with the Buffalo Police
Department on February 2, and strongly objected to any
reduction in police cars within the A District. I reside in the
First Ward and serve as director for the Valley Community
Association in the adjacent Valley neighborhood. For the
past several months, both of these neighborhoods have
experienced house burglaries. People who have lived in
these areas for years are alarmed and talking of moving to
safer neighborhoods. This will kill these neighborhoods. I
think this fear can be prevented with more visible patrols. On
the evening of February 1st there was a car detailed to
Page 49
00-0222.txt
traffic, a car at Central Booking, a car at ECMC and that left
one car to patrol the entire A District - which comprises one
third of the city.
I understand the administration's concern for overtime and
that cost is a grave issue. If the city is unable to change
residency rules mandated by New York State for fireman,
policemen and sanitation workers; can't the council pass a
resolution to impose a tax on city workers who choose to live
outside the city? It works in other municipalities - wouldn't it
help offset the money problems the city now faces.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
NO. 66
INFO-KEEP AMERICA BEAUTIFUL
Dear Common Council Member.
We are proud to announce that we have achieved official
certification in the national Keep America Beautiful
organization. It has been your continued support that has
allowed us to receive this special designation and we thank
you. Following are some initiatives -we've embraced for the
year 2000.
1. The Great American Clean-up - In the Spring of 2000,
we intend to engage the community centers, block clubs,
schools, regional government, and corporations in a massive
litter removal. In past years, over 30,000 participants have
lent their time and efforts to spruce up the city. Although we
will support any cleanup during April and May, May 12th and
13th have been chosen as our official cleanup dates. On
May 13, we will thank participants by inviting them to join us
at Dunn Tire Park at 4:30pm for lunch, a concert, and a ball
game.
2. Highway Beautification - We have already begun to
beautify the gateways linking the region. We are teaching
grammar school students how to plant seeds and bulbs. We
then work with high school and college students in
transplanting the seedlings along the regional roadways to
produce a spectacular perpetual garden. We hope when our
youth see the gardens, they feel a sense of empowerment in
knowing that it was their efforts that brought such beauty.
3. Community Gardens - As vacant buildings and drug
houses are demolished, we are working toward securing
available parcels for community vegetable gardens. The
Mayor's Impact Team will remove the debris and till the soil,
then assist us in educating the neighboring residents on
collaborating toward producing healthy fruits and vegetables.
4. "Buffalo the Beautiful - We will partner with the
Women's Pavilion Pan-Am 2001 to coordinate a contest
designed to inspire the imaginations of the property owners
in the city. With this, we hope to uplift our town, one person,
one property at a time. Entrants will be judged on the
exterior condition and cleanliness of their properties on any
given day between July and September. In the end, we all
will benefit from this collective effort.
We would like to have the opportunity to sit down with you
and discuss the needs of your district, and perhaps pool our
resources toward improving the quality of life for the people.
We will be launching the Great American Cleanup at a
press conference in Mayor Masiello's office on March 6,
2000 at 9:15am. We respectfully request you presence at
this occasion. In the meantime, please call Jim Pavel at
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851-4370 or Jessica Brason at 851-5550 with your thoughts
and impressions.
RECEIVED AND FILED
PETITIONS
NO. 67
D. COOKFAIR, OWNER, USE 532-534 ELMWOOD FOR
RESTAURANT.
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 68
R. ALSHEIMER, AGENT, REZONE 2540 DELAWARE
AVENUE FROM R-1 & C-2 TO C-2 W/SPECIAL
DEVELOPMENT PLAN FOR COMMERCIAL RETAIL
STORE FRONT.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT- AND THE CORPORATION
COUNSEL
NO. 69
A. PARIS, AGENT, USE 81 MILLS STREET FOR A
HUMAN SERVICES FACILITY.
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT, AND CORPORATION
COUNSEL.
NO. 70
T. CHILDERS & OTHERS OPPOSE FREY'S TO BUILD A
LOADING DOCK ON STANTON STREET.
REFERRED TO THE, COMMITTEE ON LEGISIATION AND
ME COMMISSIONER OF COMMUNITY DEVELOPMENT
NO. 71
SUPPORT SENIOR EXEMPTION FROM USER FEE
RE: GARBAGE USER FEE
PLEASE FILE THESE PETITIONS WITH THE OTHER
GARBAGE USER FEE PETITIONS.
THANK YOU
BETTY JEAN GRANT
REFERRED TO THE COMMITTEE ON BUDGET
NO. 72
PETITION FOR PARKING-BRACO I APTS 352-354
FRANKLIN
We are writing you this letter to inform you of an injustice
that is being done to concerned voters in your district. We
are the residents of Braco I Apartments, located at 352 and
354 Franklin St, Buffalo, NY. We have been having an on
going problem with parking. Our building sits on Franklin
Street between W. Tupper and Edward St.. Each building
has at least 32 apartments each. There is an estimate of
about 8 to 9 free parking spaces located on Franklin St.
These spaces are usually taken up by commuters who work
or visit in the downtown area. The other spaces available are
under some kind of parking restriction such as, no parking
between 11:00 am and 1:00pm or no parking between the
months of November and March. There is no parking
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allowed at all on the opposite side of the street.
Between the two apartment buildings, there is a small
parking area that holds anywhere from 6 to 8 cars. But, the
residents of the apartments are not allowed to park there
during the day, because it is where the apartment building
administrative staff parks.
There is also a large parking area located adjacent to the
354 Franklin apartment building. This has been the main
parking area for the residents of both buildings. In May of
1999, a letter was given to the residents of both apartment
buildings asking them not to park in this particular lot
because it was going to be paved. This is when we found out
that the lot was sold to Trinity Episcopal Church located at
371 Delaware Ave. The parking lot is located behind the
church. After the lot was paved we continued to park there
with no problems.
Because of the location of this particular parking lot, it is
highly used by daily computers who visit the church, people
who work in the area and at night when there is an event at
one of our city's entertainment places. People park here
because it is free.
Up until recently, we have had no problems parking there.
But, on Sunday, January 9th at 4:59 am all of the residents
of the apartment buildings who parked in this parking lot
received parking tickets. With no explanation of why or no for
warning of not to park there. This has gone on every Sunday
morning since. We as residents understand that some of the
parking spaces may want to be used for parishioners of the
church. But we were not for warned or even given a chance
to move our cars. There is no posted NO Parking Signs
anywhere in the lot. People come from all parts of the city to
park there.
We as concerned voters would like to know what could be
done about this problem. We as residents of Braco I
Apartments feel that there should be accommodations made
for us to park. Is there not some type of law, which states
that Apartment dwellings should provide some sort of
parking for their tenants? We do not feel that it is fair that
people who commute into the city can come and park in this
particular parking lot anytime they want and not be ticketed.
We would greatly appreciate it if you, as our District
Councilwoman, could look into this problem and come up
with some sort of solution. Or give us suggestions on what
we have to do to fix this problem. We are fired of being
brushed off by building management about the parking
problem. We really can Mt understand why they would sell
the parking lot area to the church and give no regards to the
tenants of their two apartment structures.
Thank you for your time and help. We look forward to
hearing from you. If you have any question please contact
Mr. Anthony Shamburger at 716-854-1219.
Concerned Residents of Braco I Apartments.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF COMMUNITY DVELOPMENT AND
THE CORPORATION COUNSEL THE COMMISSIONER
OF ADMINISTRTION AND FINANCE AND THE DIRECTOR
OF PARKING ENFORCEMENT
Filed in the City Clerks Office is a petition signed by
concerned residents?
CLAIMS COMMITTEE REPORT
NO. 73
COMPROMISE AND SETTLEMENT OF
Page 52
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ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation
Counsel, the following actions for personal injury arising out
of alleged negligence on the part of the City, be
compromised and settled:
I .Mark D. Caffery $ 1,350.00
2.Thomas M. Hughes $ 750.00
3.Joseph E. & Marlene A. Masullo$ 1,000.00
4.Victor Matos $ 2,500.00
5.Jean Quinn $ 35,000.00
6.Carl R. Scammell $ 1,000.00
7.Lucretia Watkins $ 2,500.00
8.Fredreca & Ray Worthy-Robinson $7,500.00
9.Jerry A. Session $ 500.00
That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, hereinabove named, in
the amounts set opposite their names and delivered to them
upon execution and delivery to the Corporation Counsel of
proper releases and closing papers.
PASSED
AYES -12 NOES - 0
NO. 74
PROPERTY DAMAGE
That upon the recommendation of the Corporation
Counsel, and the appropriate City Department, the following
actions and claims for damage to property caused by alleged
negligence on the part of the City be compromised and
settled:
B1.Brian Gould, 857 Delaware Avenue # 5, Buffalo New
York 14209
Claim for damage to a tire in front of 17 Red Jacket
Parkway. A piece of metal was protruding from the curb and
punctured the tire. The curbing had been previously reported
to the City asbeing hazardous.$
140.28
B 2. Annette T. Gutowski, 113 Weiss Street, Buffalo New
York 14206
Claim for damage to a 1986 Pontiac at 108 Weiss Street. A
City owned tree fell on the vehicle.
The tree had been previously reported to the City.$
1,220.00
B 3. Frederick C. Flinterberger, 164 Center Street, East
Aurora New York 14052
Claim for damage to a 1995 Ford Suburban. Claimant was
arrested on 9-14-99 on Fillmore Avenue. the vehicle was to
be impounded and the tow truck was called. An error was
made and the vehicle was not towed to the Dart Street
Garage until 9-22-99. Before it was actually towed to the
garage it remained on Fillmore Avenue. The window was
broken and various items stolen from the vehicle. The dash
board was also damaged. $ 575.00
B 4. Miguel A. Perez, 1057 West Avenue, Buffalo New York
14213
Claim for damage to electrical service to claimant's business
at 223-225 Virginia Street. Branches from a City owned tree
fell on the wires twice causing power outages. The tree had
been previously reported to the City as being hazardous and
was on a list for removal.
$4,000.00
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B 5. Miranda Riexinger, 536 Ontario Street, Buffalo New
York 14207
Claim for damage to a 1990 Chevrolet at 801 Tonawanda
Street. The light pole at that location fell on top of claimant's
vehicle causing damage to the roof, trunk, bumper and
headlight.
$1,604.02
B 6. Venelda Robinson, 22 Ruhland Avenue, Buffalo New
York 14211
Claim for three broken windows at 22 Ruhland. City crews
were demolishing an adjacent property and the damage
occurred.$ 450.00
B 7. John Schultz, 126 Oakland Place, Buffalo New York
14222
Claim for damage to claimant's property at 143 Peter Street
on 12-9-98. Members of the Buffalo Police Narcotics Squad
executed a search warrant looking for two females who were
known to sell drugs from that apartment. The two women,
however, had moved out a few months earlier. This was not
known by the Police.$ 725.16
B 8. Jeffrey Skinner, 56 Connelly Avenue, Buffalo New York
14215
Claim for a 1992 Buick which was auctioned by the City. The
vehicle had been impounded because it was involved in a
shooting. The owner, who is different from the person
arrested was told the vehicle was being held for evidence.
The commanding officer in the case did not request a further
hold from the garage and subsequently the hold was taken
off and the vehicle sold. $ 1,350.00
B 9. Edward & Rosalina Torres, 62 West Delavan Avenue,
Buffalo New York 14213
National Grange Mutual Insurance Company A/S/O, 402
Crosby Building, 14202
Claim for damage to a house at 62 West Delavan Avenue
caused by a large limb from a City owned tree at 66 West
Delavan Avenue. Part of the roof, bedroom and fence
sustained damages.
The City had been previously notified of a hazardous
condition regarding this tree. $ 2,943.42
B 10. Carl & Betty Trzaska, 42 Rawlins Place, Buffalo New
York 14211
Claim for damage to claimant's property at 42 Rawlins Place.
The house adjacent to it was being demolished by the City
and in the process damage was done. Clapboards and
ledger boards were damaged, a large leaded bevelled
window broken along with two adjacent windows. A wooden
stockade fence was also damaged.
$ 2,563.13
B 11. George & Stella Yebernetsy, 67 Royal Avenue, Buffalo
New York 14207
New York Central Mutual Insurance Company A/S/O, 3815
California Road, Orchard Park New York 14127
Claim for damage to a porch railing at 67 Royal Avenue. A
large tree limb from a City owned tree fell on it. The tree had
been previously reported to the Forestry Department as
being hazardous. $ 285.00
B 12. Willie L. Young, P.O. Box 93, Buffalo New York 14213
Claim for a 1985 Buick that was sold at auction by the City
on 9-2-98. The owner was incarcerated at the time, pending
a trial. Upon his release he found out that the vehicle had
been sold. We have been informed that it probably should
have been held as evidence but it was not. $ 400.00
B 13. Robert Zimmerman, 244 Stockbridge Avenue, Buffalo
Page 54
00-0222.txt
New York 14215
State Farm Insurance Company A/S/O, 100 State Farm
Place, P.O. Box 8000, Ballston Spa New York 12020
Claim for damage to a house at 244 Stockbridge Avenue. A
City owned tree fell on the house.
The roof and shingles were damaged as a result. This tree
had been previously reported to the City as being
hazardous.$ 900.00
That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, hereinabove named, in
the amounts set opposite their names and delivered to them
upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 75
MISCELLANEOUS INVOICE
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claims be paid:
CIBuffalo Civic Auto Ramps
Claim for payment of prior fiscal year Invoice #8456 for
services rendered to the City of Buffalo
for parking fees at the Turner Ramp for City of Buffalo
employees, Building Inspections and
General Services from July 1, 1998 to June 30, 1999. $
66,090.00
C2. Division of Criminal Justice Services
Claim for payment of prior fiscal year Invoices #147637,
#147638, #148062, #148183 and
#148794 for services rendered to the Police Department for
radar gun calibration and lamp replacement, timer
adjustment and calibration of the breathtest.$ 200.00
C3. James R. McDonnell, 281 Mt. Vernon Drive, Amherst
New York 14226
Claim for payment of a prior fiscal year invoice for services
rendered to the Police Department for PSD Cases #94-397
and #95-263 (Santiago). Mr. McDonnell is an arbitration
hearing officer. $ 600.00
C4. The McGraw-Hill Companies
Claim for payment of prior fiscal year Invoice #MU987026,
Account #M1857580 for services rendered to the Fire
Department.$ 365.96
That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants and
their attorneys, if any, in the amount set opposite their
names, respectively, and delivered to them upon execution
and delivery to the Corporation Counsel of the proper
releases where such releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 76
MISCELLANEOUS REFUND/REIMBURSEMENT
That, upon the recommendation of the Corporation
Counsel and the appropriate City Department, the following
claim be paid:
DI Mack Development
This is a claim for a refund of penalty paid on 1999 City and
Page 55
00-0222.txt
sewer taxes for (22) properties. $2,021.14
That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants and
their attorneys, if any, in the amount set opposite their
names, respectively, and delivered to them upon execution
and deliver~ to the Corporation Counsel of the proper
releases where such releases are indicated.
PASSED
AYES -12 NOES - 0
NO. 77
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Common Council
Claims Committee, the following claims be
E1. Brandi & Brian Defoe, 311 Ontario Street, Buffalo New
York 14207
Claim for windshield damage by a rock thrown by a Street
Sweeper on Ontario Street.
E2. Natalie Sireika, 2747 South Park Avenue, Apt. #2,
Lackawanna New York 14218 $124.20
On 2-17-99 Ms. Sireika pulled over to the curb at South Park
and Good Streets to allow for an emergency vehicle to pass.
In doing so she punctured her tire on a sewer grate which
was protruding from the curb. The City Clerk will seek to
recover this sum from the Buffalo Sewer Authority. $ 80.68
That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants and
their attorneys, if'any, in the amount set opposite their
names, respectively, and delivered to them upon execution
and delivery to the Corporation Counsel of the proper
releases where such releases are indicated.
PASSED
AYES -12 NOES - 0
CIVIL SERVICE
(BARBARA A. MILLER-WILLIAMS, CHAIRPERSON)
NO. 78
APPOINTMENT
CELLBLOCK ATTENDANT (INTER) (POLICE)
(ITEM NO. 4 1 -C.C.P. FEB. 8, 2000)
That Communication 41, Feb. 8, 2000 be received and filed
and the permanent appointment of Robert R. Loveless
stated above at the intermediate salary of $25,052 effective
on January 24, 2000 is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 79
APPOINTMENTS
TRUCK DRIVER (MAX) (STS)
(ITEM NO. 54-C.C.P. FEB. 8, 2000)
That Communication 54, Feb. 8, 2000 be received and
filed and the permanent appointments of Lawrence J.
Sobocinski and Joseph F. Szafranski stated above at the
maximum salary of $28,317 effective on January 24, 2000 is
hereby approved.
PASSED
AYES -12 NOES - 0
NO. 80
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MEMORANDUM OF AGREEMENT - BMHA AND CSEA,
LOCAL 815, PUBLIC SAFETY UNIT
(ITEM NO. 35, C.C.P., JAN. 11, 2000)
That the Memorandum of Agreement between the Buffalo
Municipal Housing Authority and C.S.E.A., Local 815,
representing Public Safety Unit employees of the BM:HA, for
the period July 1, 1998 through June 30, 2002; effective
December 16, 1999, be and hereby is approved and ratified.
PASSED
AYES -12 NOES - 0
NO. 81
SALARY ORDINANCE AMENDMENT
21 - DEPARTMENT OF FIRE
1131 - DIVISION OF ADMINISTRATIVE SERVICES
(ITEM NO. 256, C.C.P., FEB. 8, 2000)
That the Salary Ordinance Amendment as contained in
Item No. 256, C.C.P., February 8, 2000, be and the same
hereby is approved.
PASSED
AYES -12 NOES - 0
FINANCE
(BYRON W. BROWN, CHAIRMAN)
NO. 82
AUDITED FIN. STATE./OTHER FIN. INF -COB
ENTERPRISE FD./STAD. (NA PK)(COMPT)
(CCP#7-SEPT. 7, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 83
EASEMENT AGREEMENT - ADELPHIA - 707
WASHINGTON
(ITEM NO. 11, C.C.P., JAN. 25, 2000)
That the Mayor be, and he hereby is authorized to enter
into an easement agreement between the City and Adelphia
Cable to allow them o bury a cable TV line on city owned
property located at 707 Washington Street.
PASSED
AYES -12 NOES - 0
NO. 84
PROPOSED EASEMENT-707 WASHINGTON ST. (PW)
(CCP#35-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 85
GENESEE/URBAN DEV. ZONE - PERM. TO
EXECUTE/ENTER INTO EASEMENT AGREEMENT
(ITEM NO. 42, C.C.P., JAN. 25, 2000)
Mr. Brown moved that the above item be recommitted to
the Committee on Finance.
ADOPTED
NO. 86
GENESEE[URBAN DEV. ZONE - PERM. TO ACQUIRE
PROPERTY AL~NG LOUISEN STREET
Mr. Brown moved that the above item be recommitted to
the Committee on Finance.
Page 57
00-0222.txt
ADOPTED
NO. 87
PERM.-SET UP-T&A ACCOUNTS (HSPR)
(CCP#58-JAN. 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 88
REPORT OF AUCTION - 97 MOSELLE
(ITEM NO. 53, C.C.P., JAN. 25, 2000)
That the offer from Mr. Shawn LaPorte, 10 Alice Court
Street, in the sum of Two Hundred Dollars ($200.00) to
purchase the property described as 97 Moselle, be and
hereby is accepted; and
The buyer will be required to pay a ten percent (10%) buyer
premium to Cash Realty and Auction; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the bids were submitted.
PASSED
AYES -12 NOES - 0
NO. 89
RESULTS OF NEGOTIATIONS - 103 SHURNWAY
(ITEM NO. 55, C.C.P., JAN. 25, 2000)
That the offer from Ms. Eula L. Bailey, residing at 109
Shurnway Street, in the sum of One Thousand Dollars ($
1,000. 00) for the sale of 103 Shurnway Street, be and it
hereby is accepted, and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
PASSED
AYES -12 NOES - 0
NO. 90
REPORT OF AUCTION - 331 VERMONT
(ITEM NO. 56, C.C.P., JAN. 25, 2000)
That the offer from Mr. Eugene Wass, 5078 Chestnut
Ridge Road, Orchard Park, in the sum of Five Hundred
Dollars ($500.00) to purchase the property described as 331
Vermont, be and hereby is accepted; and
The buyer will be required to pay a ten percent (10%) buyer
premium to Cash Realty and Auction; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the bids were submitted.
PASSED
AYES -12 NOES - 0
NO. 91
REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM
NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 96, C. C.P.,
FEB. 8, 2000)
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That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Brown moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 92
RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET
(ITEM NO. 57, C.C.P_ DEC, 28, 1999) (ITEM NO. 103,
C.C.P., FEB. 8, 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. 93
REQUEST TO FORGIVE DEMOLITION COSTS -
LAVERNE PHILLIPS (ITEM NO. 14, C.C.P., DEC. 28, 1999)
(ITEM NO. 8 1, C.C.P., JAN. 11, 2000)
That the Comptroller be, and he hereby is authorized to
abate demolition costs in the amount of $36,846.00, for
properties located at 43 St. Louis, 801 Best, 256 Detroit, 446
Sweet and 207 Rodney owned by Laverne Phillips and
accept $300.00 in full settlement of this account.
PASSED
AYES -12 NOES - 0
NO. 94
USE AGREEMENT - NATIONAL FUEL - 166 DART
STREET
(ITEM NO. 15, C.C.P., DEC. 28, 1999)
(ITEM NO. 82, C.C.P., JAN. 11, 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. 95
R. POOLE-INFO.-166 DART ST.
(CCP#85-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 96
PERMISSION TO ENGAGE CONSULTANT - ART
CONSERVATION
(ITEM NO. 3, C.C.P., FEB. 8, 2000)
That the Executive Director of the Buffalo Arts
Commissioner be, and he hereby is authorized to hire a
Consultant for the restoration and preservation of portrait
work, in the amount of $17,225.25. Funds for this project are
available thropgh the Percent for Art allocation account
#34320706.
PASSED
AYES -12 NOES - 0
NO. 97
PERMISSION TO ENGAGE SERVICES CONSULTING
ENGINEER - LARGE METER STUDY
(ITEM NO. 33, C.C.P., FEB. 8, 2000)
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00-0222.txt
That the Commissioner of Public Works be, and he hereby
is authorized to hire a Consulting Engineer to perform a
study of meters larger than 2 inch. Funds for this project are
available in the Division of Water's Capital accounts.
PASSED
AYES -12 NOES - 0
NO. 98
BIDS - AUD LOTS 1, 2, AND 3
(ITEM NO. 4, C.C.P., FEB. 8, 2000)
That the Director of Parking be, and he hereby is
authorized to award a contract for Aud Lots 1, 2 and 3, to
Allright Parking Buffalo, Inc., the highest responsible bidder
in the amount of $23,040.
PASSED
AYES -12 NOES - 0
NO. 99
INTERFUND CASH LOAN
(ITEM NO. 13, C. C. P., FEB. 8, 2000)
That the Comptroller be, and he hereby is authorized to
make an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $150,000.00 for
Parkside Lodge Restoration EDF-N 1 -54983 1 -N2. The
loan will be repaid at date of reimbursement.
PASSED
AYES -12 NOES - 0
NO. 100
MAIN TUPPER POLICE
PRECINCT-CLARIFICATION-WINDOWS (PW)
(CCP#30-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 101
REQUEST WAIVER FOR PERMIT FEES - HOLY CROSS
CHURCH
(ITEM NO. 76, C.C.P., FEB. 8, 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. 102
USE OF SETTLEMENT AWARDED FROM CITY V.
GENERAL ELECTRIC CO.
(ITEM NO. 229, C. C.P., FEB. 8, 2000)
That this Common Council authorizes the Comptroller and
the Director of the Treasury to establish a specific account to
hold the settlement of $170,000 awarded to the City from the
suit against General Electric Co., et al.; and
That the Comptroller and the Director of the Treasury be
authorized to place the amount awarded into this specific
account established for the purpose of providing an
additional incentive to attract a supermarket chain to the
Ferry-Fillmore site in partnership with a community
development corporation (CDC); and
That the Commissioner of Community Development, the
President of the Buffalo Economic Renaissance Corporation,
and the Chair of the Buffalo Urban Renewal Agency be
Page 60
00-0222.txt
authorized to utilize funds from this account as an incentive
to attract a supermarket to the Ferry Fillmore site; and
That the Comptroller and the Director of the Treasury be
authorized to place any future settlement awards pertaining
to 1489 Fillmore Avenue into this account.
ADOPTED
NO. 103
ONTARIO STREET PARK TO COUNTY OF ERIE (ITEM
NO. 236, C.C.P., FEB. 8, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Brown moved:
That this Common Council authorizes the Mayor to enter into
an agreement to convey Ontario Street Park which is
approximately 7.9 acres commencing at the foot of Ontario
Street and running northerly along the Niagara River and
bounded by the New York State Thruway on the east and
the Niagara River on the west to the County of Erie for the
sole purpose of maintaining and further developing the
parkland with the express condition that the land shall revert
to the City should the County be unwilling or unable to
maintain the same as parkland.
PASSED
AYES -12 NOES - 0
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 104
RENAME KENSINGTON EXPRESSWAY AND
HUMBOLDT PARKWAY TO DR. MARTIN
LUTHER KING WAY
(ITEM NO. 214, C.C.P., JAN. 25,2000)
Mrs. LoTempio moved that the above item is properly
before the CommonCouncil and the hearing be opened.
Seconded by Mr. Coppola
CARRIED
Appearances
Mrs. LoTempio moved that the hearing be closed. Seconded
by Mrs. Williams
CARRIED
Mrs. LoTempio moved that, after the required public hearing
held by this Common Council, the name of the Kensington
Expressway and Humboldt Parkway be changed to Dr.
Martin Luther King Way, and the City Clerk be and hereby is
directed to notify the proper authorities, by certified mail, as
required by Section 286-5 of the Code of the City of Buffalo.
Seconded by.
PASSED
AYES -12 NOES - 0
NO. 105
DEMETRIOS T. LIAROS, PETITION TO REZONE 45, 55,
59 KENSINGTON AVENUE
(ITEM NO. 55, C.C.P., JAN. 11, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 106
DEMETRIOS T. LIAROS - REZONING 45, 55, 59
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00-0222.txt
KENSINGTON AND 224 HUMBOLDT
(ITEM NO. 83, C.C.P., JAN. 25, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation
ADOPTED.
NO. 107
VERONICA GRAHAM, PETITION TO USE 39 PARADE
CIRCLE EAST FOR A HUMAN SERVICES FACILITY
(ITEM NO. 86, C.C.P., NOV. 30, 1999)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 108
ANSEL PRESS-USE 130 SO. ELMWOOD
AVE.-NON-ACESS. ADV. SIGNS (PLAN. BD)
(CCP#5-SEPT. 21, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 109
MICHIGAN AVE. ASSOC.-USE 372 MICH.-NON-ACESS
ADV, SIGNS (PLAN. BD)
(CCP#6-SEPT. 21, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 110
A. TRONOLONE-GREAT WALL MEDIA-LEGISLATION
FOR WALL ART ADVERTISING
(CCP#98-DEC. 14, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 111
D. BAILEY-GREAT WALL MEDIA-PROPOSED MURALS
IN COB
(CCP#82-DEC. 28,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 112
APPT.-R. ZIELINSKI-ASSESSMENT REVIEW BD.
(CCP#168-DEC. 14,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 113
CHAPTER #409 - STATUES AND MONUMENTS
(ITEM NO. 2, C. C. P., FEB. 8, 2000)
That pursuant to Section 409-7 of the Code of the City of
Buffalo, the Rules and Regulations promulgated by the
Buffalo Arts Commission be, and they hereby are approved.
Page 62
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PASSED
AYES -12 NOES - 0
NO. 114
P. O'CONNELL-PROP, REV. TO CITY TOWING ORD.
(CCP#92-DEC. 28, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 115
INSTALL TEMPORARY STOP SIGN AT INTERSECTION
OF CUMBERLAND AND MELROSE STREETS
(ITEM NO. 248, C.C.P., FEB. 8, 2000)
That the Common Council authorizes the Department of
Public Works to immediately install stop signs on
Cumberland Avenue at the corner of Melrose Street for the
duration of the construction period of the bridges crossing
the Buffalo River.
ADOPTED
NO. 116
NFTA BUS SHELTER IN ROW (PW)(ELMWOOD/W.
UTICA)
(CCP#69-SEPT. 8, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 117
C. CZAMARA-EMERG. MED. SVS. BD.-REV. PROV. OF
AMBULANCE SVS. IN BFLO.
(CCP#60-NOV. 16, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 118
C. CZAMARA-EMERG. MED. SVS. BD. 6 MTH. REV
CRITERIA-EMBS
(CCP #61-NOV. 16, 99)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 119
PRE-QUALIFYING BUYERS FOR CITY OF BUFFALO
REAL ESTATE AUCTION
(ITEM NO. 211, C.C.P., JAN. 25, 2000)
That the Buffalo Common Council request the Corporation
Counsel in conjunction with the Department of Assessment,
Division of Real Estate and Department of Inspections draft
an ordinance amendment that would:
a) Establish a procedure to pre-qualify a bidder prior to the
auction based upon whether the bidder is in arrears to the
City of Buffalo and the bidders current properties are all up
to City Housing codes.
b) Require all bidders to be pre-qualified prior to the October
Auction.
c.) Establish a system to inform potential bidders of their
need to pre-qualify in order to bid on auction properties.
ADOPTED
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NO. 120
REM. PROP. FROM VACANT HOUSES/BLDGS,
(CCP#163-DEC. 14,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 121
TRAVEL EXPENSES AT BFLO. MUNICIPAL HSG. AUTH.
(CCP#136-NOV. 16,99)
That the above item be and the same hereby is referred to
the Committee on Budget,
ADOPTED
NO. 122
TRAVEL/TRAINING INFO. (BM]HA)
(CCP#64-JAN. 25, 00)
That the above item be and the same hereby is referred to
the Committee on Budget.
ADOPTED
NO. 123
TRAFFIC SAFETY CONCERNS AT THE MAKOWSKI
SCHOOL
(CCP#187-DEC. 14,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 124
USED CAR DEALER - 283 BROADWAY
(ITEM NO. 6 1, C. C.P., DEC. 2 8, 1999)
(ITEM NO. 140, C.C.P., FEB. 8, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved:
That pursuant to Chapter 254 of the City Code, the Director
of Inspections, Licenses and Permits be, and he hereby is
authorized to grant a Used Car Dealer License to Joseph
Lettieri d/b/a Imperial Cleaning Service Inc., located at 283
Broadway.
PASSED
AYES -12 NOES - 0
NO 125
PAYPHONE APPLICATION-820 ELMWOOD AVENUE
(PW)
(CCP#24-JAN. 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO 126
PAYPHONE APPLICATION-820 ELMWOOD AVENUE
(PW)
(CCP#31-FEB 8, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 127
J. BARAN - REQUEST VARIANCE - BREAD OF LIFE
CHURCH - PERMIT
(ITEM NO. 112, C. C.P., JAN. 25, 2000)
Page 64
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That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 128
REQ. VAR.-BREAD OF LIFE CHURCH (PLAN. BD.) (#2,
1/11)
(CCP#L 13-JAN. 25, 00)
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 129
MORATORIUM ON BANNERS ON NIAGARA SQUARE
(ITEM NO. 262, C.C.P., FEB. 8, 2000)
That the above be the same-and is hereby received and
filed
ADOPTED
NO. 130
DENIAL-PURCH. OF CITY LAND-TO-PROP. OWNERS
W/POORLY MAIN. BLDGS,/LAND (#149, 11/30)
(CCP#164-FEB. 8, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 131
POLICY/PROC. -SALE OF IN-REM PROPERTIES (CD)
(447, 1/25)
(CCP#165-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 132
RESTAURANT DANCING CLASS 11 - 1683 MAIN
STREET (ITEM NO. 59, C.C.P., DEC. 14, 1999) (ITEM NO.
144, C.C.P., FEB. 8, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
COMMUNITY DEVELOPMENT
(BEVERLY A. GRAY, CHAIRPERSON)
NO. 133
GENESSEE[URBAN DEVELOPMENT ZONE (CD)
(CCP#49-FEB. 8, 00)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 134
TOPS SUPERMARKET EXPANSION ON NIAGARA ST.
(CP)
(CCP#23-NOV. 30,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
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NO. 135
TOPS SUPERMARKET EXPANSION ON NIAGARA
ST.-SUPENNKT. MGMT. INC. (BERC)
(CCP#66-JAN. 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 136
TOPS SUPERMARKET REPORT (BERC)
(CCP#61-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 137
FULLY FUNDING-LIGHTED SCHOOLHOUSE PROGRAM
(CCP#261-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
EDUCATION
(RICHARD A. FONTANA)
NO. 138
SUPPORT NEIGHBORHOOD SCHOOLS
(CCP#223-JULY 27, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 139
SUPPORT FOR NEIGHBORHOOD SCHOOLS (BD. ED.)
(CCP#63-OCT. 5, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 140
NYS EDUCATION DEPT./COMPT.-BFLO.
SCHOOLS-STATE AID/AUDIT RESULTS
(CCP#79-SEPT. 21, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 141
NYS EDUCATION DEPT./COMPT.-BFLO.
SCHOOLS-STATE AID, ETC. (BD. ED.)
(CCP#61-OCT. 5, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 142
T. PARKER-PROBLEMS WITH GED PROGRAM
(CCP#8 I -NOV. 3 0, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 143
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T. PARKER-PROBLEMS WITH GED PROGRAM (BD. ED.)
(CCP#63-JAN. 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 144
INV. STAT. OF MONTCO CONST. CO. INC. AS CERT.
MIN. CONSTR. (EXC. I' RES)
(CCP#153-NOV. 30,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 145
MONTCO CONST. CO. (HSPR)
(CCP#68-DEC. 14, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 146
MONTCO CONST. CO.
(CCP#71 -DEC. 28,99)
That the above item be and the same hereby is received
and filed,
ADOPTED
NO. 147
K. COX-MONTCO, CONST. CORP.
(CCP#86-DEC. 28,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 148
J. CAMARDO MONTCO CONST CO INC-
FILLMORE/TERRY POLICE PREC.
(CCP#47 JAN 11,00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 149
ANTI-CRIME PROGRAM
(ITEM NO. 5 6, C. C. P., FEB. 8, 2000)
That the Commissioner of Human Services, Parks and
Recreation be, and he hereby is authorized to accept a grant
of $42,260.00 from the New York State Department of
Criminal Justice Services (DCJS) to fund year three of the
Anti-Crime program. That the Comptroller be authorized to
provide an interfund cash loan in the amount of $42,260.00
to operate the program until reimbursements are received
from the State Department of Criminal Justice Services. The
loan will then be reimbursed for any expenses incurred
operating the program during the contract year.
PASSED
AYES -12 NOES - 0
RESOLUTIONS
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BY: MR. BROWN:
NO. 150
BOND RESOLUTION
$200,000 BONDS
CHIPPEWA/ELMWOOD IMPROVEMENTS
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $200,000 General Improvement
Bonds of said City, to finance the cost of the right-of-way
improvements in the Chippewa/Elmwood Improvement area,
at the estimated maximum cost of $200,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of Two Hundred Thousand Dollars
($200,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law");
to finance the cost of right-of-way improvements in the
Chippewa/Elmwood Improvement area bounded by Pearl
Street on the east, Huron Street on the south, Elmwood
Avenue on the west and an extension of Asbury Alley. The
estimated maximum cost of said class of objects or purposes
for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $200,000 as set forth in
the duly adopted Capital Improvements Budget of said City
for fiscal year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Improvements-Right-of-Way (Grant/Ferry, Chippewa &
Elmwood), 1999-00", Bond Authorization Account No.
3000-60, and shall be used for the class of objects or
purposes specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $200,000.
This Resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 (a) 89. of the Local Finance Law, is five (5) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
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sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes
shall be general obligations of the City of Buffalo payable as
to both principal and interest by a general tax upon all the
taxable real property within said City without limitation as to
rate or amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c.) Such obligations are authorized in violation of the
provisions of theconstitution.
Introduced: February 22, 2000
LAID ON THE TABLE
NO. 151
BY: MR. BROWN:
BOND RESOLUTION
$500,000 BONDS
HOMEOWNERSHIP ZONE INFRASTRUCTURE
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $500,000 General Improvement
Bonds of said City, to finance the cost of the infrastructure
improvements to existing roads, sewer and water lines,
curbs and sidewalks within the Willert Park Homeownership
Zone, at the estimated maximum cost of $500,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of Five Hundred Thousand Dollars
($500,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law");
to finance the cost of the infrastructure improvements to
existing roads, sewer and water lines, curbs and sidewalks
within the Willert Park Homeownership Zone bounded by
Kensington Expressway, Jefferson Avenue, Adams Street,
Seneca Street and Michigan Avenue. The estimated
maximum cost of said class of objects or purposes for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $500,000 as set forth in the duly
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adopted Capital Improvements Budget of said City for fiscal
year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Homeownership Zone Infrastructure, 1999-00", Bond
Authorization Account No. 3000-60, and shall be used for
the class of objects or purposes specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $500,000.
This Resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 (a) 91. of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a)Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with,
And an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c)Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: February 22, 2000
LAID ON THE TABLE
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NO. 152
BY: MR. BROWN:
BOND RESOLUTION
$1,400,000 BONDS
CONVERSION-FREDERICK DOUGLAS TOWERS
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $1,400,000 General
Improvement Bonds of said City, to finance the fiscal year
1999-00 portion of the City's funding commitment for the
conversion of the Frederick Douglas Towers into a new
housing development, pursuant to the Stipulation of
Settlement and Amended Consent Decree in the case of
Comer v. Cuomo, et. al., as approved by the United States
District Court, Western District of New, York, at the
estimated maximum cost of $1,400,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of One Million Four Hundred Thousand
Dollars ($1,400,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"); to finance the fiscal year 1999-00 portion of
the City's funding commitment for the conversion of the
Frederick Douglas Towers into a new housing development,
pursuant to the Stipulation of Settlement and Amended
Consent Decree in the case of Comer v. Cuomo, et. al., as
approved by the United States District Court, Western
District of New York. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by
this resolution are to be issued, including preliminary costs
and costs incidental thereto and the financing thereof, is
$1,400,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1999-00, as
amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Conversion-Frederick Douglas Towers, 1999-00", Bond
Authorization Account No. 3000-60, and shall be used for
the specific object or purpose specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$1,400,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. t50-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 (a) 33 (a) of the Local Finance Law, is five (5) years.
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(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a)Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c)Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: February 22, 2000
LAID ON THE TABLE.
NO. 153
BY: MR. BROWN:
BOND RESOLUTION
$2,200,000 BONDS
NEIGHBORHOOD REDEVELOPMENT
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $2,200,000 General
Improvement Bonds of said City, to finance the cost of the
demolition of various City-owned buildings, at the estimated
maximum cost of $2,200,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of Two Million Two Hundred Thousand
Dollars ($2,200,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"); to finance the cost of the demolition of
various City-owned buildings to provide sites for future
neighborhood development. The estimated maximum cost of
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said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $2,200,000 as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Neighborhood Redevelopment, 1999-00", Bond
Authorization Account No. 3000-60, and shall be used for
the class of objects or purposes specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$2,200,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 (a) 12-a. of the Local Finance Law, is ten (10) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) Such obligations are authorized in violation of the
provisions of the
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constitution.
Introduced: February 22, 2000
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF COMMUNITY DEVELOPMENT AND
THE CORPORATION COUNSEL
NO. 154
BY: MR. BROWN
TRANSFER OF FUNDS
DEPARTMENT OF FIRE
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 $2,871 be and the same is
hereby transferred within the Department of Fire and said
sum is hereby reappropriated as set forth below:
From:
General Fund
12132001- Fire Fighting Services
411001 - Salaries Annual$2,871
To:
1000 General Fund
12131006 - Fire Administrative Services
432003 - Legal Services$2,871
PASSED
AYES-12, NOES-0
NO. 155
BY: MS. ELLINGTON
BROADWAY MARKET FINANCIAL ISSUES
Whereas: The Broadway Market is a key asset of the City
of Buffalo and Buffalo's Fillmore Councilmatic District, and is
reported as having a serious financial problem; and
Whereas: By Letter dated February 14, 2000 the
Management of the Broadway Market reported to the City of
Buffalo's Commissioner of Public Works, that the
Broadway Market "faces an immediate financial crisis."
Whereas: That financial crisis was in large part
characteristized as "The Broadway Market currently has an
outstanding debt of $257,215, of which approximately
$125,000 is owed to Niagara Mohawk."
Whereas:The management of the Broadway
Market stated that it has "long faced a delicate financial
balancing act, with only 66% of its generated revenues
covering total operating expenses."
Whereas:The Buffalo Evening News quotes a statement by
an Eric County Legislator, who sits on the market's eleven
member board as saying "The bookkeeper was keeping
information from managers and presenting information that
things were sound" and that "Our outside accountant also
did not raise a red flag. That's another problem."
Whereas: The Buffalo Evening News states that a top city
official put a hold on the request last week after other
possible discrepancies were uncovered, this time involving
heating bills. "Nothing gets done until the audit gets
done,"Vincent J. LoVallo, Masiello's chief of staff, said
regarding the market's funding request.
Now, Therefore, Be It Resolved:
That the Buffalo Common Council go on record as being
concerned about preserving a most valued resource and
institution, the Broadway Market ; and
Be It Further Resolved:
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That the Buffalo Common Council request the City of Buffalo
Department of Budget file a report stating the total amount of
money the City currently provides the Broadway Market; and
has provided the market for the last two years, from all
sources; and
Be It Further Resolved:
That the Broadway Market file with the Common Council
the two most recent audits of the Broadway Market, and the
present status of the financial situation at the Broadway
Market; and
Be It Further Resolved:
That Niagara Mohawk submit a report containing the
Broadway Market's monthly electric bills and payments for
the last two years, detailing late charges and/ or any past
due fines, and their suggestions for improving this situation;
and
Be It Further Resolved:
That the Buffalo Common Council supports the Mayor in
requesting that the Comptroller be authorized to audit the
finances of the Market, and that said report also be
presented to the Common Council.
REFERRED TO THE COMMITEE ON FINANCE, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE,
THE CORPORATION COUNSEL AND THE
COMPTROLLER
NO. 156
BY: MS. ELLINGTON & MR. PITTS
BROADWAY-FILLMORE WORKFORCE DEVELOPMENT
PROGRAM
WHEREAS:The New York State Department of
Labor was located at 950 Broadway for twenty years. This
site became a familiar place for employment and training
services or particularly the Broadway Fillmore community
and City of Buffalo; and
WHEREAS:As a result of the New York State
Program relocating to Main Street important and essential
services to the Broadway-Fillmore community have been
removed; and
WHEREAS:The Broadway-Fillmore area has been
targeted for restructuring under the current City of Buffalo's
Master Plan. This simply means that all indicators of
socio-economic conditions ranging from povertyto
unemployment levels are among the highest in the City and
region;
and
WHEREAS:Workforce training development and
employment services are still desperately needed in the
Broadway-Fillmore area. Existing programs, e.g. Restoration
78, are still located at the building at 950 Broadway,
however, they need to be expanded and enhanced with
additional programs; and
WHEREAS:The County of Erie, City of Buffalo and
the Erie County Industrial Development Agency are
developed a new plan to replace the present Private Industry
Council Workforce Training Program; and
WHEREAS:This new plan provides an opportunity to
utilize the vacated space at950 Broadway Avenue. There
is enough square footage to accommodate administrative
offices and a variety of advanced Training skill programs,
e.g. Robotics, Computer Technology; and
WHEREAS:By centralizing workforce development
programs at 950 Broadway, it would fill the present void in
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services. It would also save an architecturally significant
building and provide a significant impetusto the revitalization
of the Broadway-Fillmore community.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council sponsor a series of meetings to
review the present effort to change the existing Private
Industry Council (P.I.C.) workforce training program.
Representatives from the P.I.C., Erie County Industrial
Development Agency, the County of Erie, the Buffalo Urban
League and Buffalo Economic Renaissance Corporation
should be invited; and
BE IT FURTHER RESOLVED:
That as part of the meetings the feasibility of utilizing 950
Broadway as a centralized city workforce development and
training center be determined.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT THE ERIE COUNTY INDUSTRIAL
DEVELOPMENT AGENCY, THE BUFFALO URBAN
RENEWAL AGENCY THE PRIVAE INDUSTRY COUNSEL
AND THE BUFFALO URBAN LEAGUE
NO. 157
BY: MR. FISHER
MEMORIALIZE THE STATE LEGISLATURE TO PERMIT
THE MAYOR TWO APPOINTMENTS TO THE SCHOOL
BOARD
Whereas: The Buffalo Public School District is a creation
of state law; and
Whereas: Since 1973, School Board members have been
elected rather than appointed; and
Whereas: As a creation of state law the school district
operates as an independent governmental entity and has full
control over its own policies, however, it is dependent upon
the city for 17% of its budget and does not have the ability to
generate its own revenues; and
Whereas: While the city contributes only 17% of the school
district's budget, that contribution represents 45% of the
city's property tax levy; and
Whereas: Although the city has no control over the policies
of the school district, those policies directly impact the
stability and economic vitality of the city.
Now, Therefore, Be It Resolved:
This Common Council calls on the state legislature to pass
Assembly Bill 8283 sponsored by Assemblymember Sam
Hoyt and Senator Dale Volker which would give the Mayor of
the City of Buffalo two appointments to the school board.
Be It Further Resolved:
That copies of this resolution shall be sent to Assembly
Speaker Sheldon Silver, Senate Majority Leader Joseph
Bruno, Governor George Pataki, Assemblymember Sam
Hoyt and Senator Dale Voelker.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 158
By: Mr. Fisher, Ms Grant, Mr. Pitts, Ms. LoTempio, Mr.
Fontana, Mr. Golombek, Mr. Coppola
COMPLETE ACCOUNTING OF COSTS AND REVENUES
ASSOCIATED WITH GARBAGE USER FEE SINCE 1996
Whereas: The Garbage User Fee continues to be one of
the most controversial and unpopular fees levied by the City
of Buffalo; and
Whereas: While the Council and the Administration have
successfully lowered the Garbage User Fee by 25% since its
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enactment, the ultimate goal is to eliminate it entirely; and
Whereas: This Council needs a full understanding of the
revenue generated by the User Fee as well as an
understanding of the costs associated with implementation
of the user fee.
Now, Therefore, Be It Resolved:
This Common Council requests the Commissioner of
Administration & Finance to provide a full breakdown of all
costs associated with the implementation of the user fee.
Be It Further Resolved:
This Common Council requests the Commissioner of
Administration & Finance to provide a full breakdown of
revenues generated by the user fee. This accounting should
be broken down into as much specificity as possible
including 1. breakdown by age 2. breakdown by
geographical area 3. breakdown by homestead and
non-homestead 4. breakdown by for-profit and not-for-profit
This Common Council requests the Budget Director to
provide an accounting of all outstanding unpaid bills. This
accounting shall be broken down into as much specificity as
possible.
This Common Council requests the Comptroller to provide
an audit of the Garbage District.
This Common Council requests the Commissioner of
Administration & Finance to provide an immediate financial
projection of the Garbage District's projected revenues and
budgetary shortfalls.
REFERRED TO THE COMMITTEE ON BUDGET, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
AND THE COMPTROLLER
NO. 159
By: Mr. Fontana,
DESIGN OF PROPOSED ADELPHIA COMMUNICATIONS
BUILDING NEAR WATERFRONT
Whereas: With ongoing discussions between State and
Adelphia Communications owner John J. Rigas progressing
the Common Council would like to express some idea's on
the type of structure that could be built; and
Whereas: The City of Buffalo Architecture is world
renowned with beautiful buildings like the Ellicott square
building, the Guarantee building, our City Hall and many
other core downtown buildings; and
Whereas: With the potential of a new office skyscraper
gracing our waterfront it is the perfect opportunity to build
something that can become a symbol of our city's
waterfront; and
Whereas: We have an opportunity to highlight our past and
at the same time envision our future by building a tower
similar to the Skylon Tower or a shortened version of
Toronto's CN tower; and
Whereas: These tower designed buildings can be part of a
traditional structure similar to the Main Place tower's design;
and
Whereas: A new tower would be a world wide symbol for
Adelphia Communications and Buffalo New York; and
Now, Therefore, Be It Resolved: That the Common
Council go on record in support of a unique tower design
structure on Buffalo's waterfront; and
Therefore, Be It Finally Resolved: That copies of the
resolution be sent to Mr. John J. Rigas of Adelphia
Communications, Assembly Speaker Sheldon Silver,
Democrat from Manhattan and State Senate Majority Leader
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Joseph L. Bruno, Republican from Brunswick.
ADOPTED
NO. 160
BY: MR. FONTANA, MRS. LOTEMPIO, MR. FISHER
REMOVE PORTION OF SOUTH OGDEN STREET FROM
TRUCK ROUTE SYSTEM
Whereas: South Ogden Street is a residential street that
runs through the heart of the Kaisertown community; and
Whereas: A one block stretch of South Ogden, running
from Griswold Street to Clinton Street, has long been listed
as a designated truck route in the New York Statetruck route
system; and
Whereas: The intrusion of large truck and trailer traffic on
this narrow roadway has long been a menace and danger to
the residents who live on South Ogden. as well asthe
parishioners and students of St. Bernard's School and
Church. which is also located on the block; and
Whereas: These large vehicles drive on the sidewalks,
especially when making turns., and also back-up traffic on
this entire portion of South Ogden. These traffic tie-ups
result in additional discharges of unpleasant emissions and
extremely loud noises, which further infuriate residents and
homeowners on the street-, and
Whereas: In order to provide safety and some relief to the
residents, pedestrians, and automobiles using South
Ogden Street, the truck route designation needs to be
removed from this portion of South Ogden, where the homes
are close to the road,
Now, Therefore, Be It Resolved:
That the Common Council authorizes the Department of
Public Works to immediately remove South Ogden Street,
from Griswold Street to Clinton Street, from the truck route
system in the City of Buffalo, and the State of New York; and
Be it Further Resolved:
That the Department of Public Works properly post the
appropriate signage which would prohibit truck traffic on this
residential stretch of roadway; and
Be it Finally Resolved:
That a copy of this resolution be sent to the Buffalo Police
Department and that. they strictly enforce the truck traffic
restrictions on this section of South Ogden Street.
ADOPTED
NO. 161
By: Mr. Golombek
BANNERS -BENGAL 5K RUN
Whereas On Saturday, March 25h, the Buffalo State
College Alumni Association will be hosting the Bengal 5K
Run and Fun Walk, and
Whereas: This year marks the 3d Annual Bengal 5K Run
and Fun Walk. The proceeds from the race help fund
the Buffalo State College Alumni Association's Legacy
Scholarship, and
Whereas: To publicize the event, organizers have
requested permission to display a banner across Elmwood
Ave. near Forest from light pole #1138 to an unmarked pole
directly across Elmwood Avenue, and
Whereas: The period in which the banner would be on
display is from March 11th to March 26th, and
Now, Therefore, Be It Resolved:
That the sponsors of the Bengal 5K Run follow the
guidelines set forth by the Department of Public Works and
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be granted permission to erect this banner from March 11th
through March 26th, 2000.
PASSED
AYES-12, NOES-0
NO. 162
By: Mr. Golombek
RETURN BUFFALO POLICE OFFICERS ASSIGNED TO
COPS AND D.A.L.E. TO "REGULAR" DUTY
ASSIGNMENTS.
Whereas: The Buffalo Police Department does have a
number of its sworn officers currently assigned to the COPS
and D.A.R.E. programs. These officers have been trained, at
significant cost to the city, for regular duty assignments; and
Whereas: It is in the best interest for the residents of the
City of Buffalo to have every able bodied police officer on the
police force serving the City of Buffalo in the capacity for
which they were trained; and
Whereas: Some Buffalo Police District Sectors are, at
times, assigned only one patrol unit. The Buffalo Police
Department has recently admitted that a reduction of officers
on various shifts in various districts throughout the City will
be taking place; and
Whereas: At any given time the Buffalo Police Department
has a number of police officers that are limited to "light duty
only" and some of these officers might be able to perform the
duties of COPS or D.A.R.E. officers, and
Now, Therefore, Be It Resolved:
That the Common Council believes in order to maximize
Police protection for its residents; it must utilize its resources
efficiently. Thusly, the Common Council requests that the
Buffalo Police Department provide a report that indicates the
numbers of officers currently assigned to either the COPS or
D.A.R.E. programs, and the funding source for these officers
in these programs; and
Be It Further Resolved:
The Common Council also requests that the Buffalo Police
Department provide a report detailing the number of officers
that are limited to "light duty" or restricted duty assignments,
and in what capacity these officers are serving the Buffalo
Police force. This report should include officers that are
assigned such duty because of injuries or illness; and
Be It Further Resolved:
That this Honorable Body requests that the Buffalo Police
Department and the Police Benevolent Association each
provide a report that determines the impact of returning
COPS and D.A.R.E. officers to regular duty
Be It Finally Resolved:
That all requested reports be filed with the Common
Council, 1308 City Hall, by 2:00 pm. Thursday, February 17,
2000
REFERRED TO THE SPEODAL COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
NO. 163
By: Mrs. Grant
MAILING OF PROPERTY TAXES DUE NOTICES
WHEREAS:The City of Buffalo currently mails out
both the 1st and 2nd half property tax notices at the
beginning of the period covering the first half of a taxable
year; and
WHEREAS:Even though the first half is due
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approximately six months prior to the 2" half, both tax notices
are sent out in the same mailing; and
WHEREAS:Many taxpayers, especially seniors, pay
the first half on time and file the 2nd half away to pay
when it becomes due; a large number of property owners
forget to pay the 2nd half on time and wind up paying a
penalty; and
Now, Therefore, Be It Resolved:
That the City of Buffalo either send out each half year tax
bill when it is due or send a reminder notice to taxpayers
when the second half is payable; and
Be It Further Resolved:
That the City of Buffalo Real Property Tax Department
explore ways to deliver property tax notices in a timely
manner, that will improve the collection of property taxes
without creating an additional financial hardship on the
taxpayers who forget bills mailed to them six months in
advance; and
Be It Finally Resolved:
That the City of Buffalo Real Property Tax Department
Respond to this resolution by submitting a written response
to this honorable request no later than 2 pm , February 22,
2000.
REFERRED TO TH ECOMMITTEE ON FINANCE THE
COMMISSIONER OF ADMINISTRATION & FINANCE AND
THE COMMISSIONER OFASSESSMENT
No. 164
By: Mrs. Grant
MONTHLY REPORTS FROM RESIDENCY OFFICER
WHEREAS: The City has a residency law covering
certain employees;
and
WHEREAS: There have been documented and
undocumented allegations that many of these employees
who are restricted by law from residing outside the city are,
in fact, doing so; and
WHEREAS:The problem of residency compliance is
so pervasive that the city has hired a Residency Officer to
investigate, document and monitor the violators; and
WHEREAS: In many instances, The Residency Officer's
hands are tied due to Due Process, Binding Arbitration
and other union or legal issues; and
WHEREAS: The City of Buffalo Administration has not
demonstrated a vigorous effort to enforce the law due to its
policy allowing potential or current employees a six month
grace period to move into the city; and
WHEREAS: The city has no mechanism in place that
reviews the employee's residency status on a monthly or
yearly basis and the Residency Officer has had limited
success in identifying and or documenting violators;
NOW, THEREFORE BE IT RESOLVED:
That the Residency Officer appear before the Civil Service
Committee of the Buffalo Common Council during its regular
committee meetings to give a written and oral report as to
his progress in identifying and documenting violators of the
city's residency law.
BE IT FURTHER RESOLVED:
That this honorable body refer the information from the
Residency Officer's report to the Corporation Counsel, Civil
Service Commission, the department these employee's work
for and other appropriate authority.
BE IT FINALLY RESOLVED:
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00-0222.txt
That the Corporation Counsel, the Residency Officer and
the Civil Service Commission respond to this resolution
before 2 P.M. on February 22, 2000.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
THE CIVIL SERVICE COMMISSION. AND THE
CORPORATION COUNSEL
NO. 165
By: Ms. Gray
REFORM THE BLOCK GRANT PROCESS
Whereas: In order to nurture Buffalo's rebirth, it is
important that all resources at the City's disposal are used
strategically to maximize their value; and
Whereas: For the Block Grant process, the Consolidated
Plan should be the instrument that coordinates the use of
Block Grant dollars in a way that insures that expenditures
reinforce each other, resulting in the maximum "bang for the
buck";and
Whereas: If Block Grant dollars aren't used intelligently
given the number of serious problems facing modem urban
areas, they can quickly dissipate without producing any
concrete results; and
Whereas: The connection between Buffalo's Consolidated
Plan and the City's Block Grant budget is a tenuous one and
not all of the Common Council's concerns are properly
reflected in the Consolidated Plan; and
Whereas: In order for the Consolidated Plan to work most
effectively, it should be adopted by the Council shortly before
the Block Grant budget is submitted to the Council; and
Whereas: With a revised schedule, the links between the
Consolidated Plan and the Block' Grant budget would be
much clearer;
Now, Therefore, Be it Resolved That:
This Common Council requests the Mayor and the
Commissioner of Community Development to plan the Year
27 Block Grant process to feature the filing of the
Consolidated Plan with the Common Council 60 days before
the Block Grant Budget is filed; and
Be It Further Resolved That:
This revised timeline would Allow the Council enough time
to have more effective input on the Consolidated Plan Give
the administration time to revise the Block Grant Budget to
reflect the Council's changes to the Consolidated Plan.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVEI-OPMENT, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND THE MAYOR
NO. 166
By: Mrs. LoTempio
DEMOLITIONS PERFORMED BY CITY DEPARTMENTS
Whereas: In 1998 a City of Buffalo demolition crew was
established to demolish both privately-owned and city-owned
structures; and
Whereas: The demolition crew was established because
the number of emergency demolitions in ' creased, and
caused debate over the bid process, selection of contractors,
exorbitantly high charges, quality of work, and charges for
work performed on emergency demolitions; and
Whereas: The collection of money from property owners
for expenses incurred by the city in hiring contractors to
perform demolitions on private property was not very
successful; and
Whereas: The Common Council combined city funds with
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Community Development Block Grant funds to purchase
equipment, train employees, and develop the demolition
crew, which eliminated the need to hire outside contractors
for every demolition performed on private or public property;
and
Whereas: The Common Council felt an aggressive and
more successful program for collecting demolition expenses
from property owners would serve to feed a revolving
demolition fund, placing less burden on the city and
Community Development Block Grant Funds, and would
finance the continued operation of the demolition crew; and
Now, Therefore be it Resolved:
That the Budget Committee meet with the Department of
Administration and Finance, Corporation Counsel, Division
of Collections, Department of Inspections, Department of
Community Development, Department of Public Works,
Department of Street Sanitation, the Unions, and the
Common Council to discuss the progress and success of the
city demolition crew; and
Be it Further Resolved:
That the Department of Administration and Finance file a
report discussing whether or not savings have been realized
with the city operation of demolitions; and
Be it Finally Resolved:
That the Department of Street Sanitation file a report on
the number of demolitions that have been performed and the
status of the equipment that is being utilized.
REFERED TO THE COMMITTEE ON BUDGET, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
AND THE COMMISSIONER OF STREETS
NO. 167
By: Mrs. Lotempio
EXCUSE COUNCILMEMBER GRAY FROM COUNCIL
MEETING
Whereas: Councilmember Beverly A. Gray will be out of
town on Tuesday, February 22, 2000, and will be unable to
attend the Council meeting on Tuesday, February 22, 2000,
Now, Therefore, Be It Resolved:
That the Common Council excuses Councilmember Beverly
A. Gray from attending the February 22, 2000 Common
Council meeting.
ADOPTED
NO. 168
By: Mrs. Lotempio
PAYMENT OF CLAIMS BY THE BUFFALO SEWER
AUTHORITY
Whereas: The Claims Committee hears and makes
recommendations for the payment of personal injury and
property claims brought against the City to the Common
Council; and
Whereas: The Law Department investigates all claims and
makes recommendations to the Claims Committee on
whether a claim should be paid; and
Whereas: Some claims that have been presented to the
City rightfully should be addressed and paid by the Buffalo
Sewer Authority; and
Whereas: The Law Department, which by law represents
the Buffalo Sewer Authority, also investigates and makes
recommendations for the payment of claims to the Authority;
and
Whereas: The Buffalo Sewer Authority has taken a
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position against paying claims, even after the Common
Council has reviewed the Law Department's investigation
and have determined that there is a valid claim; and
Whereas: An entity such as the Buffalo Sewer Authority
should have a reasonable approach to address claims made
against it in order to give fair treatment to the citizens of the
City of Buffalo;
Now Therefore Be It Resolved:
That the General Manager of the Buffalo Sewer Authority
is hereby requested to appear before the Common Council
Finance Committee to explain the Authority's policy on the
payment of claims on Tuesday, February 29, 2000 at 10: 00
AM, and
Be It Further Resolved:
That the City Clerk is hereby directed to forward a certified
copy of this resolution to the Buffalo Sewer Authority.
REFERRED TO THE COMMITTEE ON FINANCE, THE
BUFFALO SEWER AUTHORITY AND THE
CORPORATION COUNSEL
NO. 169
By: Mrs. Lotempio
SEX OFFENDER REGISTRATION ACT
Whereas: The Sex Offender Registration Act, commonly
known as "Megan's Law" was enacted on January 21, 1996;
and
Whereas: This act requires the registration of convicted
sex offenders with local police agencies and the distribution
of certain information about some offenders; and
Whereas: The risk of re-offending for each offender is
determined by the sentencing court at a hearing before they
are released or at the time of sentencing;
and
Whereas: The risk level given determines the amount of
information and process by which information on them can
be made public; and
Whereas: The Buffalo Police Department supports the
giving out of information to those people who would be most
affected as stated under the Sex Offender Registration Act;
and
Whereas: The Buffalo Police Department will also
participate in the registration and address verification parts
of the Act and will enforce violations of the Act;
and
Whereas: The Sex Offense Section of the Buffalo Police
Department will participate in notifying the community about
Level 2 and Level 3 offenders; and
Whereas: The Sex Offense Section (SOS) of the Buffalo
Police Department will supervise the registration of each sex
offender within the City of Buffalo, will keep an individual file
for each offender required to register within the City of
Buffalo, will keep records of an offender's first registration
and each follow-up registration required for each offender,
and will keep a record of any checks of information
performed by the agency; and
Whereas: The SOS will file a Failure to Register Offense
Complaint with the appropriate court when an offender has
not met his registration requirements; and
Whereas: The Buffalo Police Department has compiled a
list of "entities with vulnerable populations" which will be
used to disseminate information on sex offenders; and
Whereas: The entities were chosen to afford the widest
possible distribution to vulnerable populations within the City
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of Buffalo and that each entity will make determinations of
the appropriate dissemination of the information;
and
Whereas: The Buffalo Police Department has identified the
following entities:
Superintendent of Buffalo Public Schools, Mayor Masiello,
BMHA, BMHA Police, City of Buffalo Department of Human
Services Parks and Recreation, Corporation Counsel, Police
Athletic League, Roman Catholic Diocese of Buffalo, all
private and parochial schools, all colleges and universities
within the City of Buffalo, the Buffalo Common Council, Erie
County District Attorney's office, Erie County Sheriff's
Department, Niagara Frontier Transportation Authority,
Buffalo and Erie County Public Library, Buffalo Division for
Youth, Erie County Department of Youth Services, and day
care centers in close proximity to the offender; and
Now Therefore Be It Resolved:
That the Buffalo Police Department Sex Offense Section
meet with this honorable body to discuss the process of
implementing the Sex Offender Registration Act; and
Be It Further Resolved:
That the Sex Offense Section file a report on the
expectations of the City of Buffalo Common Council.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION, THE COMMISSIONER OF POLICE
AND THE CORPORATION COUNSEL
NO. 170
By: Mrs. LoTempio
WAIVE RENTAL FEES FOR DUNN TIRE PARK
Whereas: The Director of the Stadium, Mr. Michael
Masiello, requested permission to extend the pilot program
at Dunn Tire Park for an additional year which would allow
him to waive rental fees while still covering incremental costs
such as maintenance, security and utilities; and
Whereas: These fees have been waived on several
occasions on a case by case basis for the benefit of the
community; and
Whereas: Increased usage would increase revenues by
allowing the City of Buffalo to realize 20% of concession
revenue from non Bison events and 15% for Bison events;
Now Therefore Be It Resolved:
That the Director of Stadium be authorized to market the
Stadium more effectively by limiting rental fees for the period
from April 1, 2000 to March 31, 2001 provided incremental
costs are covered; and
Be It Finally Resolved:
That at the end of this authorized period, the Director of
Stadium, Mr. Masiello, shall file with this Honorable Body a
report describing the success of this pilot program for the
approved time period.
PASSED
YES-12, NOES-0
NO. 171
BY: Mrs. LoTempio
WAIVE TICKET SURCHARGE FOR "DRUMS ALONG THE
WATERFRONT" EVENT
Whereas:On Sunday, August 6, 2000, an event
titled "Drums Along the Waterfront" will take place at Dunn
Tire Park; and
Whereas:Drums Along the Waterfront, a Drum
Corps International sanctioned youth activity, is an event that
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has been held at Dunn Tire Park for the past four years; and
Whereas:A local promoter, Jack 0. Gaylord, Jr., of
Grace Events, has requested a waiver of the 5% ticket
surcharge for use of the stadium; and
Whereas: Drums Along the Waterfront has
provided the Buffalo Public School's Instrumental Program
with free educational clinics on the day of the event, tickets
for music students who otherwise would not be able to
attend, funding for a music library, and an opportunity for the
All-High City Band to perform at the event; and
Whereas:Plans are underway to launch a
program in conjunction with Drums Along the Waterfront, for
collection, refurbishment and distribution of used musical
instruments, providing an opportunity for a greater number of
students to be involved in instrumental music; and
Whereas:As an extension of Drums Along the
Waterfront, free marching and music clinics have been
offered at the Waterfront Elementary School for the students
and staff of Buffalo Public School's Instrumental Music
Program; and
Whereas:Plans are also underway for Grace
Events and Drums Along the Waterfront to host the Drum
Corps International World Championships, a week long
event scheduled for August 6th-11th, 2001, bringing an
estimated twenty to thirty thousand people to the City of
Buffalo and Western New York; and
Whereas:These events will have a positive
economic and educational impact on the City of Buffalo,
specifically downtown Buffalo, as a large percentage of the
competitors and their supporters will be spending their time
in the city; and
Whereas: The promoter, Mr. Gaylord, will pay the
incremental costs associated with conducting the event; and
Whereas:Both parties will enter the standard
contractual agreement concerning the use of Dunn Tire
Park; and
Now Therefore Be It Resolved:
This Honorable Body authorizes the waiver of the 5% ticket
surcharge by Dunn Tire Park for Mr. Jack Gaylord and the
Drum Corps. International, Inc. for the "Drums Along the
Waterfront" event to be held on August 6, 2000.
PASSED
AYES-12, NOES-0
NO. 172
By: Mr. Pitts
ACCESSIBILITY TO CITY OF BUFFALO LIBRARIES
Whereas:The Buffalo and Erie County Public
Libraries are an integral and resourceful part of our
community. All residents, regardless of age, race, or
economic status, at some point, visited a neighborhood
library. Presently there are Fifteen libraries with in the City of
Buffalo; and
Whereas: Of the fifteen libraries, twelve do not meet the
standards of the American's with Disabilities Act for
handicapped accessibility. These libraries are the branches
at North Jefferson, Kensington, Martin L. King, Cazenovia,
East Clinton, Mead, East Delavan, Fronczak, Crane,
Northwest, Fairfield, and Niagara, and
Whereas:Nine of the twelve libraries not meeting
such standards are scheduled to close under the 1999-2003
Library Strategic Service Plan. The Library Strategic Plan
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suggests the elimination of eleven neighborhood libraries
and to replace them with four "hub/comm unity" facilities.
The "Hub/Community" Libraries will be located at King/North
Jefferson, South Buffalo, Upper West Side, and North
Buffalo; and
The Library Strategic Plan also suggests the four City-wide
specialty libraries located at East Delavan, Fronczak,
Riverside, and Niagara to remain open; and
The funds for renovating three of the libraries, the
Fronczak., Niagara, and Fairfield Branches, have been set
aside, however the construction has not been started; and
Whereas:Residents complain that the Libraries'
present failure to meet the standards of the American's With
Disabilities Act causes an inconvenience, and in some cases
inaccessibility to the library for many of the City's residents;
and
Whereas:There are further complaints that if the
proposed closure of so many of the City's libraries becomes
a reality, it will be a hardship on many City of Buffalo
residents, depriving those without vehicles and with children
the accessibility so many need and desire;
Now, Therefore, Be It Resolved:
That the Common Council requests that the Department of
Public Works add the twelve non-handicapped accessible
libraries to the library construction consultant's contract; and
Be It Further Resolved:
That the Department of Public Works provide this
Honorable Body with a projection of when the library
renovations will begin, specifically at the Fronczak, Fairfield,
and Niagara Branches; and
That the Buffalo and Erie County Library System Board
responds to the 1999-2003 Library's Strategic Service Plan
which calls for the closing of eleven of the City of Buffalo's
libraries and that in this response the Board include
alternative suggestions.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS THE LIBRARY
BOARD OF TRUSTEES
NO. 173
By: Mr. Pitts
APPOINTMENT OF THOMAS HERSEY TO THE BUFFALO
PEST MANAGEMENT BOARD
Whereas: The Buffalo Pest Management Board (PMB),
which was set up by the City to reduce unnecessary use of
toxic pesticides, is entering a very important phase as it
helps the City implement the groundbreaking Pesticide
Sunset Ordinance; and
Whereas: Roger Cook, a key Board member on school
pesticide safety issues, has had to scale back his PMB
involvement because of the demands of his position as
Director of the WNY Council on Occupational Safety and
Health; and
Whereas: Thomas Hersey, of the Erie County Department
of Environment and Planning is active in the County's
program to reduce pesticide use and has brought
constructive information and insights to Pest Management
Board meetings over the last several months; and
Whereas: Mr. Hersey has expressed a willingness to serve
on the Pest Management Board at the pleasure of County
Executive Joel A. Giambra.
Now, Therefore, Be It Resolved That:
This Common Council expresses its sincere thanks to
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Roger Cook "WNYCOSH, 2495 Main Street, Buffalo, NY
14214) for his many years of dedicated service on the Pest
Management Board, and, in particular, for his important work
on Integrated Pest Management in the Buffalo Schools: and
Be It Further Resolved That:
This Council appoints Thomas Hersey of the Erie County
Department of Environment and Planning, Rath Building, 95
Franklin Street, Buffalo, NY 14202. to serve a two-year term
at the pleasure of County Executive Giambra. replacing
Roger Cook on the Buffalo Pest Management Board; and
Be It Finally Resolved That:
This Council directs the City Clerk to send certified copies
of this resolution to Mr. Hersey, Mr. Cook, and to County
Executive Joel A. Giambra.
ADOPTED
NO. 174
By: Mr. Pitts
MEMORIALIZE THE STATE LEGISLATURE ON THE
ADDITIONAL ONE PERCENT SALES TAX
Whereas: The County Executive has requested the Erie
County Legislature to memorialize the State Legislature to
amend the New York State Tax Law in order to extend the
additional one percent (1%) sales and use tax in Erie
County; and
Whereas: This Home Rule request is being made by the
County to address an 88 million dollar shortfall in the
2000-2001 County budget and to prevent a loss of services
to the citizens of Erie County; and
Whereas:The City of Buffalo, the single largest
population base in Erie County, would contribute heavily to
this tax; and
Whereas: The City of Buffalo has requested some
assistance from the County to help the City address its own
budget shortfall and such requests have been flatly refused;
and
Whereas:Sharing the sales tax revenue is not
unusual and has been done for other New York State
municipalities such as Rochester, Syracuse and Albany; and
Whereas:If the County of Erie refuses to hear the
City of Buffalo's cries for help, then we must turn to the State
for the assistance we desperately need;
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo does hereby
request that the State Senate and the State Assembly refuse
to extend the additional one percent Erie County sales and
use tax unless there are provisions for the sharing of that
revenue by the City of Buffalo; and
Be It Further Resolved:
That the City Clerk be directed to forward certified copies
of this request to the New York State Senate, the New York
State Assembly, the Clerk of the Erie County Legislature and
the Erie County Executive.
ADOPTED
NO. 175
By: Mr. Pitts
POTENTIAL MISHANDLING OF PUBLIC ACCESS FUNDS
Whereas: The previous executive director of Buffalo Cable
Access Media was indicted for embezzling funds from the
operation of public access television; and
Whereas: In an attempt to bring financial order back to the
public access television, the City placed Buffalo Community
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Television, Inc. (BCTV") in receivership with the private
accounting firm of James Amato & Company to reconcile the
books and to monitor all fiscal transactions; and
Whereas:During the receivership, BCTV received
an insurance check for $25,000 as proceeds from the
previous incident of employee misconduct; and
Whereas:The $25,000 was supposed to be used
for legitimate public access purposes, yet the re-organized
BCTV has not fully accounted for the disposition of those
funds; and
Whereas: Though the City of Buffalo brought on
another entity as public access provider, BCTV maintained
that it still had public access expenses and refused to return
the leftover proceeds to the City; and
Whereas: The Law Department and the Office of
Telecommunications have made numerous attempts to get
full and complete accounting from the remaining principals of
BCTV with only limited success; and
Whereas:The only way to finally resolve and
obtain a full accounting of this matter is to get all information
relating to the disposition of those insurance proceeds;
and
Now Therefore Be It Resolved:
That the City of Buffalo does hereby request that the Erie
County District Attorney be contacted to investigate the
handling of the $25,000 in insurance proceeds by Buffalo
Community Television, Inc., and
Be It Further Resolved:
That the Office of Telecommunications, the Department of
Audit and Control and the Corporation Counsel fully
cooperate with such investigation to determine if there was
any wrongdoing in the handling of such proceeds; and
Be It Finally Resolved:
That the City Clerk send a certified copy of this resolution to
the Erie County District Attorney's Office.
ADOPTED
NO. 176
By: Mr. Pitts, Mrs. LoTempio, Mr. Bonifacio, Jr., Mr,
Brown, Mr. Coppola, Ms. Ellington, Mr. Fisher, Mr.
Fontana, Mr. Golombek., Jr., Ms. Grant, Ms. Gray, Ms.
Martino. Ms. Miller-Williams
STATE LEGISLATIVE PACKAGE
Whereas:The fortunes of the City of Buffalo are
very closely tied to the State of New York through State
funding of City Programs, State laws that govern City issues
and State mandates, and
Whereas:In 1986, the County of Erie was facing a
fiscal crisis, the State of New York provided authorization to
increase the sales tax from 7 percent to 8 percent, of which
the City of Buffalo and other Erie County Municipalities
agreed to provide exclusively to the County of Erie to wipe
out a $75 Million dollar debt; and
Whereas:The City of Buffalo is facing a severe
budget deficit along with an eroding tax base but the City's
hands are tied in several key areas by State law- and
Whereas:Without increased assistance from the
State, the City's only choices to balance its budget are
raising property taxes or cutting essential services such as
police, fire. and schools; and
WhereasUpstate New York will not be
competitive unless the State increases the amount of money
it gives to cities, and removes its mandates-, and
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Whereas:It is critical to the survival of the City of
Buffalo that the Governor and the State Legislature enact
changes this year that beneficially impact the City,
Now, Therefore, Be It Resolved That:
This Common Council of the City of Buffalo hereby
requests Governor Pataki and the New York State
Legislature to enact the following:
Authorization for the County of Erie to share a portion of
the extra 1% percent of the Sales Tax with the City of Buffalo
Repeal of State Laws that exempt future Police, Fire and
Sanitation Workers from City Residency requirements
Revision of the Power Choice program to bring tower electric
rates to residential and small commercial custorners of
Niagara Mohawk. along with changes that don"t leave City's
burdened with excessive stranded costs when they
municipalize their electric service Authorize the Comptroller
to audit the books of the Buffalo Board of Education Adopt
the International Model Building Code to make it easier to
retrofit downtown buildings while maintaining high safety
standards Expand Buffalo's 2 square mile economic
development zone limit or allow a second economic
development zone for Buffalo as the State's second largest
City Amend the State Superfund legislation to include the
many hazardous substance sites that dot Buffalo's
post-industrial landscape Pass Brownfield legislation that
maintains health-based cleanup standards while reducing
excessive liability for owners who volunteer to participate in
a State Brownfields program Pass special legislation,
modeled after the Niagara Falls High School project. That
allows us to simultaneously build 6 new schools. privately
financed through the sale of Certificates of Participation, at
little or no cost to the City, and exempts these projects from
the Wicks Law Enact legislation that allows for the use of a
State authority-NYS Dormitory Authority, Municipal Bond
Bank or the Empire State Development Corporation. to incur
debt for the reconstruction of schools in the City of Buffalo
Pass legislation requiring that automobile registrations
include social security numbers, so as to be more easily
traceable for collection of fines, and allowing unpaid parking
fines to be dcductcd from income tax refunds.
Be It Further Resolved That:
This Council's ports Mayor Masiello's "State Aid and
Legislation 2000-2001; and
Be It Finally Resolved That:
The City Clerk is directed to send certified copies of this
resolution to Governor Pataki, to the the Clerk of the
Assembly, the Secretary of the Senate, and to the members
of the Western New York Legislative delegation.
ADOPTED
NO. 177
By: Mr. Pitts, Mrs. LoTempio, Mr. Fontana
SET HEARING - RE: SHARING OF THE ADDITIONAL
ONE PERCENT (1 %) SALES TAX
Whereas:In 1986, the County of Erie approached
the City for its support for the Countyreceiving authorization
from the State of New York to impose a temporary additional
one percent (1%) sales tax, with the understanding that
revenues from that tax would be used to retire certain of the
County's bonds and that such authorization would terminate
when such bonds were retired, and
Whereas: After such bonds were retired the County and
the City reached another agreement, in order to meet the
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County's budgetary shortfall, under which the County would
seek authorization from the State of New York to impose a
temporary additional one percent (1%) sale tax., with the
understanding that the City would not share such one
percent (1%) for one year but that if the County were to
receive any additional such authorizations the City would
share in the additional one percent (1%); and
Whereas:Since the county has made final
payments on the $75 million debt 4"or which the additional
one percent (1%) sales tax was originally authorized, it is
patently unfair for Erie County to keep all revenues
generated from the eighth percent in light of the economic
hardships that the City of Buffalo and other Erie County
cities, towns, villages, and school districts are experiencing,
and
Whereas: The Common Council recognizes the
dire fiscal problems that the City of Buffalo faces and
realizes that additional revenue is the only avenue for
solving some of our financial deficiencies; and
Whereas:The City's share of the additional one
percent (1%) of the sale tax would help the City to eliminate
or further reduce the garbage user fee that the Common
Council was force to pass due to a blegeoning deficit.
Now, Therefore, Be It Resolved That:
This Common Council requests that a hearing be held at
2:00 PM, Tuesday, March 21, 2000 in the Common Council
Chamber to discuss the County's sharing of the 1% sales tax
and the subsequent elimination of the user fee; and
Be It Further Resolved:
That the following persons are hereby requested to attend:
1. Joel A. Giambra, Erie County Executive
2. Charles Swanick, Chairman of the County Legislature
3. Representatives from the Western New York State
Legislature Delegation
That the City Clerk is hereby directed to forward certified
copies of this resolution to the above name individuals.
ADOTP FINAL THREE RESOLVES AND THE REMAINDER
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 178
By: Ms. Miller-Williams
SALARY ORDINANCE AMENDMENT
31 - PUBLIC WORKS
ENGINEERING
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 31 - Public Works -
Engineering which reads:
LVT Operator (hourly)$ 13.90 / per hour
Is hereby amended to read:
LVT Operator (hourly)$ 15.00 / per hour
IT IS HEREBY CERTIFIEDthat the immediate passage of
pursuant-to-Section 34 of the C foregoing ordinances
necessary.
We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC
WORKS and JAMES B. MILROY DIRECTOR OF
BUDGET, hereby certify that the above change is necessary
for the proper condition administration and performance of
essential services of that department. We recommend that
compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
JOSEPH N. GIAMBRA
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COMMISSIONER OF PUBLIC WORKS
JAMES B. MILROY/Ph.D.
IRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
01/27/2000 ATTACHMENT
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, pursuant to Section 454 of the Charter of the
City of Buffalo, hereby certify that contingent upon prior or
concurrent action to provide and authorize funding thereof,
the interests of the City will be subserved by the increase in
compensation provided for the positions set forth in the
foregoing ordinance.
Anthony Masiello
Mayor
Anthony Nanula
Comptroller
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
01/27/2000
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 179
By: Ms. Miller - Williams
SALARY ORDINANCE AMENDMENT
02 - CITY CLERK
1020 - CITY CLERK ADMINISTRATIVE SERVICES
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 02 - City Clerk 1020 - City Clerk
Administrative Services, which reads:
3 Data Entry Operator $ 25,550 - $ 28,789
Is hereby amended to read:
1 Data Entry Operator $ 25,550 - $ 28,789
2Council Clerk $ 31,710 - 36,960
We, CHARLES L. MICHAUX 111, CITY CLERK and
JAMES B. MILROY, DIRECTOR 0 BUDGET, hereby certify
that the above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
CHARLES L. MICHAUX III
CITY CLERK
JAMES B. MILROY, ph.d
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
02/07/00 ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 180
By: Ms Miller-Williams
SALARY ORDINANCE AMENDMENT
04 - DEPARTMENT OF AUDIT & CONTROL
1042 AUDIT
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
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the City of Buffalo, relating to 04 -Department of Audit and
Control - 1042 Audit, which reads:
1City Auditor$61,278
Is hereby amended to read:
1City Auditor$69,681
We, ANTHONY R. NANULA, COMPTROLLER and JAMES
B. MILROY, DIRECTOR OF BUDGET, hereby certify that
the above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
ANTHONY R. NANULA
COMPTROLLER
JAMES B. MILROY, Ph.D.
DIRECTOR OF BUDGET
APPROVED AS TO FORM
David State
Sr. Deputy Coporation Counsel
01/03/99
This ordinance shall be effective January 1, 2000.
We, ANTHONY M. MASIELLO, Mayor and ANTHONY R.
NANULA, Comptroller, pursuant to Section 454 of the
Charter of the City of Buffalo, hereby certify that the interests
of the City will be subserved by the increase in
compensation provided for the position set forth in the
foregoing ordinance.
ANTHONY MASIELLO
MAYOR
ANTHONY R. NIANULA
Comptroller
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
11/30/99 ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 181
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 Midvale Avenue Block Club By
Councilmember Grant, Pitts and Michaux III
Felicitation for Frances C Muure By Councilmember Pitts
and Michaux III
Felicitation for Engineers Week By Councilmember Pitts,
Michaux III
Felicitation for Dr. Curnell West By Councilmember Williams,
Michaux III, Piits
Felicitation forChris Heinle By Councilmember
Williams,Michaux III, Pitts
Felicitation forMrs. Ruffin By Councilmember
Pitts, Michaux III
ADOPTED.
NO. 182
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
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under oath to their qualifications and filin~4 same with the
City Clerk:
JESSIE H. JACKSON
ADOPTED.
NO. 183
By: Barbara A. Williams
APPOINTMENTS
COMMISSIONERS OF. DEEDS
Required for the Proper
Performance of Public Duties
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
1994' conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
CYNTHIA D.BROOKS
THERESA M.MANZUK
RANDOLPH D.PAUL
ADOPTED
UNFINISHED BUSINESS
NO. 184
BOND RESOLUTION-$250,000-ELLICOTT DIST.
IMPROVEMENTS
(#222-C.C.P., FEB. 8, 2000)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Coppola
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Coppola
ADOPTED.
PASSED
AYES-12, NOES-0
NO. 185
BOND RESOLUTION-$425,000-ELLICOTT DIST.
IMPROVEMENTS
(#223-C.C.P., FEB. 8, 2000)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Coppola
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Coppola
ADOPTED.
PASSED
AYES-12, NOES-0
NO. 186
LOCAL LAW INTRO # 1 -(2000)
(#255-C.C.P., FEB. 8, 2000)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Coppola
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mr. Coppola
ADOPTED.
PASSED
AYES-12, NOES-0
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NO. 187
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13th Floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Civil Service uesday, Feb 29, 2000 at 9:30 o'clock A.M.
Finance Tuesday, Feb 29, 2000 following Civil Service
Legislation Tuesday, Feb 29, 2000 at 2:00 o'clock P.M.
Comm. Dev. Wednesday, March 1, 2000 at 10:00 o'clock
A.M.
Ancillary Meetings
Police Reorganization/Oversight Wednesday, March 1, 2000
at 2:00 o'clock P.M.-Council Chambers
Snow Removal Task Force Wednesday, February 23, 2000
at 10:00 o'clock A.M. in 1417 City Hall
Budget Committee Monday, February 28, 2000 at 11:00
o'clock A.M. in 1417 City Hall
NO. 188
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by W. Gray, the
Council adjourned at 4:45 PM
CHARLES L. MICHAUX, III
CITY CLERK
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