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00-0321.txt
No. 6
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 21, 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
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Brown
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
COMMON COUNCIL
CITY HALL-BUFFALO
TUESDAY, MARCH 21, 2000
AT 2:00 P.M.
PRESENT – James W. Pitts, Council President
and Council Members Bonifacio, Brown, Coppola,
Ellington, Fisher, Fontana, Golombek, Grant, Gray,
LoTempio, Martino, and Williams-13.
ABSENT – 0
On a motion by Mrs. LoTempio, Seconded by Mr.
Fontana, the minutes of the stated meeting held on
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March 7, 2000 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 1
APPOINTMENT OF MEMBERS TO THE EMERGENCY
MEDICAL SERVICES BOARD
Pursuant to the powers vested in me in Chapter 6 of
the Code of the City of Buffalo, I hereby appoint the
following members to the Emergency Medical Services
Board:
APPOINTMENT:
Clarke E. Eaton, Jr. 242 Blaine Avenue Buffalo,
14208
Mr. Eaton was previously employed by the City of
Buffalo as Director of Manpower Planning and also
served as Deputy Director of the Concentrated
Employment Program (C.E.P.). He is currently owner of
Commercial Construction Management Company in the
City of Buffalo.
Clarke Eaton is a past member of numerous
community organizations, such as, past Vice President
of B.U.I.L.D, Board of Directors for the National
Conference of Christian and Jews, Inc., Chairman and
Assistant Labor Chairman of the N.A.A.C.P. He is also
Signatory to Carpenters Local #9, Laborer's Local #210
and Local #9 Operative Plasterers and Cement Masons.
Mr. Eaton's term will commence immediately and
expire June 30, 2002. He is filling the unexpired term of
G. Penn Wettlatifer who is deceased.
David J. D'Arata, CPA 142 Chatham Avenue
Buffalo, 14216
Mr. D'Arata is a graduate of Niagara University. Dave
D'Arata was a Manager of the Tax and Litigation
Support Departments of a large local accounting firm.
His expertise includes tax strategies, estate planning
and litigation support. In 1988 he formed D'Arata &
Company.
Mr. D'Arata's term will commence immediately and
expire June 30, 2002. He is filling the unexpired term of
Thomas Higgins, who has resigned.
I hereby certify that the above named individuals are
fully qualified to serve as a member of the Emergency
Medical Services Board
REFERRED TO THE COUNCIL PRESIDENT, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER AND THE
EMERGENCY MEDICAL SERVICES BOARD
FROM THE CITY PLANNING BOARD
NO. 2
R. HARPER
206 SCOTT STREET
BILLBOARD SIGN
ITEM NO. 97, C.C.P. 3/7/00
The City Planning Board at its regular meeting held
Tuesday, March 14, 2000, considered the matter
captioned above pursuant to Section 387-19 of the
Buffalo Code, Application for billboard, ground or pole
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sign permits.
The applicant seeks to erect an illuminated 14’x48’
x60’ billboard sign at 206 Scott Street. The sign height is
301 above an elevated section of the street.
The Planning Board voted to recommend approval of
the billboard since the applicant is merely removing a
wall mounted billboard that is 101 higher than the one
requested and replacing it as a pylon sign.
RECEIVED AND FILED
NO. 3
SIT-IN RESTAURANT
291 BRYANT STREET
The City Planning Board at its regular meeting held
Tuesday, March 14, 2000, considered the matter
captioned above pursuant to Section 511-56 of the
Buffalo Code, Elmwood Business District.
The applicant seeks to re-establish the use of the
property located at 291 Bryant Street as a restaurant
after being closed for more than a year. The permit
office referred this request to the Zoning Board of
Appeals.
The Planning Board voted to receive and file the sit-in
restaurant application supporting a favorable decision
by the Zoning Board of Appeals.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 4
AUDITED FINANCIAL STATEMENTS AND
OTHER FINANCIAL INFORMATION OF THE
BUFFALO WATER BOARD
FOR THE YEARS ENDED JUNE 30, 1999 AND 1998
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the
Buffalo Water Board for the years ended June 30, 1999
and 1998 with Report of Independent Auditors, Ernst &
Young, LLP, have been distributed to members of the
Buffalo Water Board, each Councilmember, the City
Clerk, the Mayor, the Comptroller, the Division of
Accounting and the Budget Office.
This report is available as a public record for
inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law,
the Common Council of the City of Buffalo may, at its
discretion, prepare a written response to the report of
external audit and file such response with the City Clerk
as a public record for inspection by all interested
persons.
REFERRED TO THE COMMITTEE ON FINANCE AND
THE BUFFALO WATER BOARD
NO. 5
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
DIVISION OF TREASURY
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify pursuant to
Section 41 of the Charter, that an increase in the sum of
$4,005 in the estimates for the fiscal year beginning July
1, 1999 is necessary in Appropriation Allotments -
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Division of Treasury - Exempt Items to meet a
contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of
increased appropriation will be met from
10700096-397200 - Reserve for Capital Budget not
otherwise appropriated for any other purpose. The detail
of the requirements is set forth below:
To:
1000 General Fund
115 59007-474100 Division of Treasury - Equipment
(3 Personal Computers) $4,005
Dated: Buffalo, NY, February 24, 2000
RECEIVED AND FILED
NO. 6
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DUNN TIRE PARK
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify pursuant to
Section 41 of the Charter, that an increase in the sum of
$17,200 in the estimates for the fiscal year beginning
April 1, 1999 is necessary in Enterprise Fund -Dunn Tire
Park, to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from the
Dunn Tire Park account Retained Earnings Reserve for
Replacements as listed below, not otherwise
appropriated for any other purpose. The detail of the
requirements are set forth below:
From:
Enterprise Fund - Dunn Tire Park
50000000-273-000 - Reserve for Replacements
$17,200
To:
50004807-473020 Enterprise Fund - Dunn Tire Park
Capital Outlay Structural Improvements$17,200
Dated: Buffalo, NY, February 24, 2000
RECEIVED AN FILED
NO. 7
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
RESERVE FOR CAPITAL APPROPRIATIONS
ENTERPRISE FUND - REFUSE & RECYCLING
We, Anthony M. Masiello, Mayor and nthony R.
Nanula, Comptroller, do hereby certify pursuant to
Section 41 of the Charter, that an increase in the sum
of
$25,000 in the estimates for the fiscal year beginning
July 1, 1999 is necessary in Appropriation Allotments -
Enterprise Fund - Refuse & Recycling - Exempt Items to
meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from
10700096-397200 - Reserve for Capital Budget not
otherwise appropriated for any other purpose. The detail
of the requirements is set forth below:
To:
Enterprise Fund
52002607 - Collection of Refuse & Recycling, Capital
Outlay 474100 - Equipment (Grapple for Excavator)
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$25,000
Dated: Buffalo, NY, February 25, 2000
RECEIVED AND FILED
NO. 8
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
FUND BALANCE
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify pursuant to
Section 41 of the Charter, that increases in the sums of
$650,000, $300,000 and $64,553.25 in the estimates for
the fiscal year beginning July 1, 1999 is necessary in
Appropriation Allotments - BMHA, Tax Adjustment and
Data Processing, to meet contingencies which could not
have been reasonably foreseen when the budget was
adopted. The amounts of increased appropriations will
be met from 10700096 -397000 Unreserved Fund
Balance, not otherwise appropriated for any other
purpose. The details of the requirements are set forth
below:
To:
17210006-435002 BMHA $650,000
17221008-480101 Tax Adjustment $300,000
10471006-443400 Data Processing - Maintenance
Contracts $ 64,553.25
Dated: Buffalo, NY, February 16, 2000
RECEIVED AND FILED
NO. 9
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
FUND BALANCE
LAW DEPARTMENT
We, Anthony M. Masiello, Mayor and Anthony R.
Nanula, Comptroller, do hereby certify pursuant to
Section 41 of the Charter, that an increase in the sum of
$1,455,000 in the estimates for the fiscal year beginning
July 1, 1999 is necessary in Appropriation Allotments -
Law Department - Legal Services, Miscellaneous &
Claims, to meet a contingency which could not have
been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be
met from 10700096 - 397000 Unreserved Fund Balance,
not otherwise appropriated for any other purpose. The
details of the requirements are set forth below:
To:
General Fund
10546006 - Law Department
432003 - Legal Services $55,000
480000 - Miscellaneous $200,000
480205 – Claims $1,200,000
Dated: Buffalo, NY, March 1, 2000
RECEIVED AND FILED
NO. 10
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
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
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sum of $100,000 be transferred and reappropriated from
the Division of Budget and Management, as set forth
below:
From:
Org.-Object 30000106-445 100
Capital Project Fund
Division of Budget and Management
Planning for Capital Projects $100,000
To:
Org. - 30336006
Capital Project Fund
Division of Engineering
City Wide Traffic Calming Project (design phase)
$100,000
Dated: Buffalo, NY, February 24, 2000
RECEIVED AND FILED
NO. 11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
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 $250,000 be transferred and reappropriated from
the Division of Budget and Management, as set forth
below:
FROM
Org.-Object 30000106-445 100
Capital Project Fund
Division of Budget and Management
Planning for Capital Projects $250,000
TO
Org.-30040006
Capital Project Fund
Division of Engineering $250,000
Niagara Street Reconstruction (design phase
continuation)
Dated: Buffalo, NY, February 24, 2000
RECEIVED AND FILED
NO. 12
GARBAGE DISTRICT AUDIT
ITEM NO. 558, C.C.P. 2/22/2000
ITEM NO. 176, C.C.P. 3/7/2000
In regards to the Common Council's request to this
office to provide an audit of the Solid Waste & Recycling
Enterprise (#558, C.C.P. 2/22/2000), I hereby resubmit
the audit of the Solid Waste & Recycling Enterprise for
the period October 1, 1996 to June 30, 1998. My
predecessor had originally submitted this audit report to
the Common Council on August 23, 1999. At this time,
this office is not planning a new audit of the Solid Waste
& Recycling Enterprise.
This office also stands ready to participate in a
meeting convened by the Committee on Finance to
discuss the recommendations of the Solid Waste &
Recycling Enterprise audit and to develop a plan to
evaluate and, where appropriate, implement the
recommendations (#176, C.C.P. 3/7/2000).
REFERRED TO THE COINIMITTEE ON FINANCE
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NO. 13
RESPONSE TO INFORMATION IN REFERENCE TO
THE
SALE/LEASEBACK OF 2930-2950 BAILEY AVENUE
ITEM NO. 34, C.C.P. MARCH 7,2000
The above referenced item was referred to the
Comptrollers Office, Division of Real Estate, for a
response. In said item Your Honorable Body requested
the following information in reference to 2930-2950
Bailey Avenue:
1. Date of sale and final purchase price - This property
was offered for sale at Public Auction on April 2, 1998.
The final sale price after spirited bidding in the Common
Council Chambers was $82,500 plus a 10% buyer's
premium due the Auctioneer for a total of $90,750.00.
2. Length of time property remained on the in-rem list.
Due to the fact that this property is a firehouse and
former precinct it is considered a capital asset. An
in-rem property is one that is taken by the City due to
non-payment of taxes. The police station was vacated in
1994 due to consolidation.
3. Name of purchaser - The highest bidder at the
auction was Dreamco Development represented by
Rosanne Lettieri.
4. How the sale was consummated and lease
negotiated - The property was advertised and put into a
public auction. The initial terms of sale prior to the
auction were negotiated between this office, our Law
Department and the auctioneer. The terms were at
closing the purchaser will enter into a lease with the city
of Buffalo wherein the City will lease the portion of the
Fire Dept. is currently utilizing for a term of five years
with an option for two additional five year terms. The
annual rent would be $4.00 per sq. ft. with the lessee
paying its proportionate share of taxes, water and sewer
and utility charges. Cost of living adjustments will begin
at the end of the second year and will be adjusted
annually thereafter throughout the initial term and option
periods. The lessor will be responsible for the exterior of
the structure and for the mechanicals. The lessee will be
responsible for all routines maintenance, minor
plumbing and heating repairs, underground tanks and
the interior of the space it occupies. These terms were
submitted to Your Honorable Body along with the
purchase price for approval, pursuant to Item #14,
C.C.P. 4/14/98.
5. Who is responsible for paying the utilities - As
indicated above utilities shall be paid by a proportionate
share.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 14
RESULTS OF ABANDONMENT & SALE
PORTION OF DEMOND PLACE
TO M. WILE & COMPANY
APPROXIMATELY 24'X 233'
ITEM NO. 116, C.C.P. 10/19/99
In the above referenced item Your Honorable Body
authorized the Comptroller's Office, Division of Real
Estate, to negotiate a sale price for a portion of Demond
Place and subject to the finding of a suitable price
deemed acceptable by the Comptroller, the Comptroller
was authorized to abandon and sell said property.
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M. Wile & Go., Inc. d/bta Intercontinental Branded
Apparel (IBA) is the owner of 77 Goodell, 107 Goodell,
450 North Oak and 587 Ellicott. IBA has owned these
properties for many years and is now in the process of
selling the same. In the course of having a title report
and survey prepared in connection with their property,
they discovered that a portion of their property has
running through it a portion of Demond Place,
approximately 24' x 233'). They indicated that their
information was that the State of New York sought to
appropriate that strip of land (approximately 24'wide)
some time back in the mid to late 1960's but that the
appropriation was never completed and the City remains
owner of record. IBA owns all the land to either side
(east and west) of this portion of Demond Place.
In accordance with Article 27, Section 513 & 514 of the
City Charter the purchaser has petitioned Supreme
Court for the appointment of two appraisers to establish
the value of the City's interest in the property. The first
appraisal report was performed by Northeastern
Appraisal indicating a fair market value of Two
Thousand Eight Hundred Dollars ($2,800.00). The
second appraisal report was performed by Howard P.
Schultz and he has indicated the fair market value to be
Two Thousand Dollars ($2,000.00). The report of the
appraisers indicates that they have mutually agreed
upon affixing the value at Two Thousand Four Hundred
Dollars ($2,400.00). The Division of Real Estate concurs
with the appraisers estimate of value.
Mr. Vincent 0. Hanley of Jaeckle, Fleischmann &
Mugel, Fleet Bank, 12 Fountain Plaza, Buffalo, New
York is the Attorney representing the prospective
purchaser. He is requesting that the purchase offer
contract be amended in order to authorize M. Wile &
Company, Inc. d/bla Intercontinental Branded Apparel to
assign the purchase offer contract to Stephen B.
McGarvey (the purchaser of the properties M. Wile
currently owns). They anticipate closing the sale of their
facility to Mr. MeGarvey on or about March 17, 2000. At
the time of closing, M. Wile will assign its rights in and
to the Demond Place contract to Mr. McGarvey and he
will assume the obligations of M.Wile under the Demond
Place contract.
I am recommending that Your Honorable Body
approve the sale of a portion of Demond Place
(approximately 24'x 233') M. Wile & Company, Inc. d/b/a
Intercontinental Branded Apparel (IBA) in the amount of
Two Thousand Four Hundred Dollars ($2,400.00). 1 am
also requesting Your Honorable approve the assignment
of M. Wile's purhcase offer contract in reference to the
sale of a portion of Demond Place to Stephen B.
McGarvey. This office is also recommending that the
Corporation Counsel prepare the necessary documents
for the transfer of title and that the Mayor be authorized
to execute the same.
REFRRED TO THE COMMITTEE ON FINANCE
NO. 15
CERTIFICATE OF APPOINTMENT
Appointment Effective March 20, 2000 in the
Department of Data Processing to the Position of
Computer Shift Supervisor at the INTERMEDIATE
Starting Salary of $36,745
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Thomas DeGennaro 257 Esser Ave BUFFALO, NY
14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment EffectiveMarch 16, 2000 in the
Department of Audit and Control Division of Accounting
to the Position of Principal Accountant, Temporary,
Appointment at the Intermediate Starting Salary of $47,
890
Margaret T. Burke, 19 Dundee Street Buffalo NY
14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 17
CERTIFICATE OF APPOINTMENT
Appointment Effective March 6, 2000 in the
Department of AUDIT AND CONTROL Division of DATA
PROCESSING to the Position of SR. DATA
PROCESSING EQUIPMENT OPERATOR
PERMANENT at the Intermediate Starting Salary of
$31,330.
BONNIE BUTLER, 7 EDITH, BUFFALO, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
NO. 18
INFO-NEW CONVENTION CENTER
Business Backs the Convention Center Committee
As you know, Business Backs t1he Convention Center
Committee was organized last summer to put together a
business plan for the new convention center Vas private
sector committee, which includes CVB Board members,
was assembled to thoroughly review (a) economic
worthiness, (b) development costs, and potential funding
sources for the new convention center
Attached please find the Executive Summary outlining
the case to build the new convention center. A major
focus of this document is the sources funding found on
page 6. Al of that backup and studies to support the
Executive Summary are available at your request.
In addition, KFNICY was engaged to update the 1991 C.
H. Johnson study. The economic impact numbers, with
up-to-date information, are significantly more impressive
than the older study highlighting the new convention
center could generate annual economic impact in
excess of $112 million.
This information was presented to County Executive
Giambra and his staff on Wednesday, March, 8. The
same presentation was given to Senator Dale Volker
and a number of the members of the of the Western
New York delegation on Friday, March 10. Plans are for
this information to be presented as soon as possible to
the City of Buffalo leadership and the County
Legislature.
The information presented in the Executive Summary
will be made public later this week through the media
and we wanted to make sure you had this document in
advance.
If you have any questions, please feel free to call me at
842-6045 or Richard Geiger at 852-0511.
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REFERRED TO THE STADIUM AND AUD TASK
FORCE
NO. 19
NEW BUFFALO CONVENTION CENTER
The "Business Backs the Convention Center" of
the Buffalo Convention and Visitors Bureau has just
released a report reconfirming their support for the
building of a new Convention Center at the Mohawk
Street site. I have filed a summary of the report to
allow the Representatives of the Committee to
present to the Common Council.
Several years ago, the Common Council was very
involved in the site selection process which
determined the Mohawk site. At the time, we met
with the Consultants who were favorable to the
Mohawk site. Subsequently, I sat on a Special Site
Selection Committee that hired Cannon Design that
ultimately confirmed the selection of the Mohawk
Street site.
This important project is languishing in debates
over alternative sites. This situation is causing
needless stalemates that will only stop the
development of a Center period. Critics of the
Mohawk site wrongly argue that there was no public
process in this decision. The Common Council held
Public Hearings and Committee Meetings around the
importance of this project. There were also
numerous public discussions sponsored by the
Buffalo Convention and Visitor's Bureau.
I will call a meeting of the Stadium and Auditorium
Special Committee to consider the issue.
REFERRED TO THE STADIUM AND AUD TASK
FORCE
FROM THE COMMISSIONER OF ASSESSMENT
NO. 20
MAILING OF PROPERTY TAXES
DUE NOTICES
CCP 2/22/2000, ITEM 163
In response to the resolution proposed by
Councilmember Betty Jean Grant, pursuant to our
present statute, Article 30 of the Charter and Code of
the City of Buffalo, "Tax and Assessment Collection,"
the Department of Assessment is required to mail and
deliver to the property owner the entire Real Property
Tax and Sewer Rent bill by July 1 and payable by July 1
in each year.
However, the City of Buffalo does allow for the
payment of the current city tax in two (2) installments,
July I and December 1, without any interest charged if
paid in the month due. The first notice notifying the
property owner that the city tax and/or sewer rent
remains unpaid is the "Delinquent Tax Notice" mailed on
February 1 in each year in accordance with Section 593
of the City Charter.
15,988 delinquent tax notices were mailed on
February 1, 2000. These delinquencies represent 16%
of the total tax bills (97,002) mailed July 1, 1999. Of the
15,198 notices mailed, 1,294 notices were returned by
the Post Office for various reasons: unknown
addressee, undeliverable, etc., and 3,411 represent
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properties that are in arrears and scheduled to be sold
by the City of Buffalo on October 23 and 24, 2000.
On the issue of mailing a tax bill "when it is due," i.e.,
first half tax on July 1 and second half tax on December
1, this is not in the best interest of the City because
many taxpayers and mortgage institutions pay the entire
city tax bill in July.
Thus, mailing a tax bill "when it is due" would result in
a negative financial impact on the City's coffer. In
addition to decreased cash flow, a separate mailing will
increase administrative overhead for Divisions of
Treasury and Tax, and Data Processing, as well as
increase mailing and staffing cost.
As a point of information, the Department of
Assessment does notify the Buffalo News, neighborhood
and community newspapers, and TV and radio media to
publish a public service announcement in an effort to
remind the taxpayers that the second installment is due
in December.
We also request the assistance of the District
Councilmembers, At-Large-Councilmembers, and the
Council President for help to In conclusion, the
Department of Assessment is always exploring new and
different ways of assisting the taxpayer while always
keeping in mind feasibility and cost effectiveness.
This office will review the possibility of sending a
reminder in December,
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 21
NOTIFICATION SERIAL #9185
REPEAL NO PARKING EXCEPT JUDGES OF THE 8"'
JUDICIAL DISTRICT ON FRANKLIN STREET, EAST
SIDE BETWEEN NIAGARA STREET AND WEST
EAGLE STREET
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 24 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by repealing therefrom the following: NO
PROHIBITED PORTION
OF HIGHWAY PROHIBITED PERIOD
Franklin Street, cast sideAt all times
between Niagara StreetExcept
and West Eagle StreetJudges of the 8"' Judicial
District
This action is being taken in order to adjust on-street
parking for Judges of the 8ffi Judicial District due to the
construction of the new County Court building. (see next
2 serials)
Notification Serial #9186
Install No Standing on Franklin Street, east side
between Niagara Street and West Eagle Street
NO STANDING - INSTALL
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00-0321.txt
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 22 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following:
NO STANDING
PROHIBITED PORTION
OF HIGHWAY PROHIBITED PERIOD
Franklin Street, cast side
between Niagara Street At all times
and West Eagle Street
This action is being taken in order to adjust on-street
parking for Judges of the 8"' Judicial District due to the
construction of the County Court building.
(see previous and next serials)
NO PARKING - INSTALL
NOTIFICATION SERIAL #9187
INSTALL NO PARKING EXCEPT JUDGES OF THE
8TH JUDICIAL DISTRICT ON FRANKLIN STREET,
WEST SIDE BETWEEN WEST EAGLE STREET AND
NIAGARA STREET
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 24 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: NO
PARKING
PROHIBITED PORTION
OF HIGHWAY
Franklin Street, west side from a point 26' north of West
Eagle Street to a point 40' north therefrom
PROHIBITED PERIOD
At all times Except Judges of the 8h Judicial District
This action is being taken in order to adjust on-street
parking for Judges of the 8h Judicial District due to the
construction of the Erie County Court building. (see
previous 2 serials)
NOTIFICATION SERIAL #9188
NO STANDING SCHOOL DAYS - INSTALL
ON NEW AMSTERDAM AVENUE, NORTH SIDE
FROM A POINT 168' EAST OF THE EAST CURBLINE
OF NORTHBOUND
NEW AMSTERDAM AVENUE TO A POINT 320' EAST
THEREFROM
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
Page 13
00-0321.txt
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as
an item business.
That that part of Subdivision 22 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: NO
STANDING
PROHIBITED PORTION
OF HIGHWAY PROHIBITED PERIOD
New Amsterdam Avenue,
north side 7:00 a.m. - 4:00 p.m.
from a point 168' east of the
east curbline ofSchool Days
northbound New Amsterdam Avenue
to a point 320' east therefrom
This action is being requested as a result of design
meetings held between the Elmwood Franklin School,
residents of the street and this department.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 22
REPORT OF BIDS
DISTRIBUTION SYSTEM IMPROVEMENTS
TACOMA, TONAWANDA, WILEY
As authorized by your Honorable Body in CCP 35 of
September 7, 1999, plans and specifications were
prepared and sealed proposals accepted for Distribution
System Improvements - Tacoma, Tonawanda, Wiley.
I submit the attached report of bids received which
were opened in my office at 11:00 a.m. on March 1,
2000:
Mar-Wal Construction Company, Inc.
440 Gould Avenue
Depew, Now York 14043$ 497,793.66
Sergi Construction
775 Jewett Holmwood Road
East Aurora, Now York 14052$ 553,764.45
Sicar Management & Construction, Inc.
1128 Jamison Road
Elma, New York 14059$ 561,827.50
Triple R. Development of WNY, Inc.
27 Wyndmoor Court
Depew, New York 14043$ 585,473.27
C. Destro Development Company, Inc.
3150 Seneca Street
West Seneca, New York 14224$ 588,900.00
Firstrhyme Construction Corp., Inc.
470 Buffalo Road
East Aurora, New York 14052$ 638,728.00
Kandey Company
19 Ransier Drive
West Seneca, New York 14224$ 666,227.00
Visone Construction, Inc.
79 Sheldon Avenue
Depew, Now York 14043$ 682,267.30
MPJ Contracting, Inc.
68 Churchill Street
Buffalo, New York 14207$ 712,331.02
I certify that the foregoing is a true and correct
statement of all bids received and that Mar-Wal
Construction, 440 Gould Avenue, Depew, New York is
Page 14
00-0321.txt
the lowest responsible bidder complying with the
specifications for this project with their bid in the amount
of $497,793.66.
I respectfully request that your Honorable Body
authorize the Commissioner of Public Works to enter
into a contract with Mar-Wal Construction in the amount
of $497,793.66 and authorize a total encumberance of
$547,573.02.
The engineer's estimate for this work was $
535,000.00.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 23
REPORT OF BIDS
EMERALD CHANNEL INTAKE REHABILITATION
As authorized by your Honorable Body in CCP 39 of
June 23, 1987, plans and specifications were prepared
and sealed proposals accepted for Emerald Channel
Intake Rehabilitation.
I submit the following report of bids received which
were opened in my office at 11:00 a.m. on March 15,
2000:
Buffalo Industrial Diving
53 Hopkins Street
Buffalo, New York$ 1,048,348.00
Louis Ciminelli
369 Franklin Street
Buffalo, New York$ 1,236,385.00
International Chimney
55 South Long Street
Buffalo, New York$ 1,285,498.00
John W. Danforth Company
1940 Fillmore Avenue
Buffalo, New York$ 2,209,400.00
I certify that the foregoing is a true and correct
statement of all bids received and that Buffalo Industrial
Diving, 53 Hopkins Street, Buffalo, New York is the
lowest responsible bidder complying with the
specifications for this project with their bid in the amount
of $1,048,348.00.
I respectfully request that your Honorable Body
authorize the Commissioner of Public Works to enter
into a contract with Buffalo Industrial Diving in the
amount of $1,048,348.00 and authorize a total
encumbrance of $1,153,183.00.
The Engineer's estimate for this work was
$1,200,000.00.
REFERRED TO THE COMMITTEE ON FINANGE
NO. 24
REPORT OF BIDS PHASE III RENOVATIONS 118 E.
UTICA STREET FRIENDS TO THE ELDERLY, INC.
I advertised for on January 14, 2000 and received the
following sealed formal proposals for Plumbing Work;
Bowling Lanes & Equipment; Phase III Renovations, 118
E. Utica Street, Friends to the Elderly, Inc., which were
publicly opened and read on February 1, 2000. I
advertised for on February 22, 2000 and received the
following sealed formal proposals for General
Construction Work, Heating Work; Electrical Work;
Phase III Renovations, 118 E. Utica Street, Friends to
the Elderly, Inc., which were publicly opened and read
on March 7, 2000.
Page 15
00-0321.txt
General Construction
Montco Construction $ 218,800.00
Wilsandra Construction $
227,000.00
Vinwell$ 244,224.00
The Hadala Corp.$ 256,000.00
Electrical Work
Goodwin Electric$ 52,950.00
Frey Electric$ 56,680.00
Weydman Electric$ 60,250.00
Plumbing Work
Numarco$ 33,300.00
Kandefer $ 37,100.00
W. C. Roberson Co.$ 44,200.00
HVAC Work
Northeast Mechanical$ 100,000.00
R P Mechanical$ 108,699.00
Bowling Lanes & Equipmen
Donoughe Sanding Inc.$ 120,000.00
U S Bowling$ 127,880.00
American Bowling$ 158,380.00
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following
firms are the lowest responsible bidders in accordance
with the plans and specifications:
General Construction: Montco Construction in the
amount of $218,800.00.
Electrical Work: Goodwin Electric in the amount of
$52,950.00.
Plumbing Work: Numarco, Inc. in the amount of
$33,300.00.
HVAC Work: Northeast Mechanical in the amount of
$100,000.00.
Bowling Lanes & Equipment: Donoughe Sanding in
the amount of $120,000.00.
Estimate for this work was $600,000.00.
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 will be
available in 30338106 445100 -Division of Buildings.
RECEIVED AND FILED
NO. 25
REPORT OF BIDS FOR THE REPAIRS TO THE
GATES CIRCLE
MONUMENT
ITEM NO. 26, C.C.P. 01/25/00
ITEM NO. 26, C.C.P. 11/16/99
As authorized and directed by your Honorable Body in
Item No. 26, C. C.P. 0 1/25/00, I have advertised and
received bids on March 8, 2000 for the Repairs to the
Gates Circle Monument.
In obtaining bids for the above project, I have asked
for bids on a unit price basis covering the various items
of work and materials which will be performed. The final
cost of the work will be based on the actual measured
quantities of material entering into the work and may be
more or less than the total bid.
The following bids were received:
Contractor Base
Bid
Building Solutions $128,841.00
Morris Masonry Restoration$144,442.00
Page 16
00-0321.txt
Mario Campanella Concrete Co.$195,262.88
Deduct Alternate #1
$17,886.00
$20,000.00
$24,866.00
Deduct Alternate #2
$17,886.00
$20,000.00
$24,866.00
Deduct Altemate #3
$21,950.00
$25,400.00
$28,950.00
Deduct Alternate #4
$22,950.00
$25,440.00
$28,950.00
I hereby certify that the lowest responsible bidder for the
above project is Building Solutions.
The monument was damaged as a result of a traffic
accident from which the City received an insurance
settlement of $50,000.00 for repairs. The deduct
alternates are prices for repairs to ornate benches at the
monument.
After a review of the bid documents was completed it
was determined that we will accept Deduct Alternates 2,
3 and 4. Therefore, the cost of repairs will be as follows:
$128,84 1.00(Base Bid) - $17,886.00(Deduct Alternate
#2) - $21,950.00(Deduct Alternate #3)
-$22,950.00(Deduct Alternate 44) = $66,075.00. I
respectfully recommend that your Honorable Body order
the work and the cost thereof to be charged to Public
Works Bond Fund 34310506 in and amount of
$66,075.00, plus approved unit prices for an additional
amount of $6,607.50 for a total encumbrance of
$72,682.50.
The engineers estimate for this work is $90,000.00.
The above is certified to be a true and correct statement
of the bids received. Under the provisions of the
General Municipal Law any of the bidders may withdraw
his bid if the award of this contract is not made by April
20, 2000. Individual bid submissions are available in our
office for inspection and copies are available upon
request.
Mrs. Lotempio Moved:
That the above communication from the Commissioner
of Public Works dated March 15, 2000, be received and
filed-, and
That the Commissioner of Public Works be, and he
hereby is authorized to award a contract for Repairs to
the Gates Circle Monument to Building Solutions, the
lowest responsible bidders, to accept Deduct Alternates
2, 3 and 4 as follows: $128,841.00 (Base Bid),
$17,886.00 (Deduct Alternate 2), $21,950.00 (Deduct
Alternate 3), $22,950.00 (Deduct 4) = $66,075.00.
Funds for this project will be charged to Public Works
Bond Fund 343 10506 in the amount of $66,075.00, plus
approved unit prices for an additional amount of
$6,607.50 for a total encumbrance of $72,682.50.
Passed.
Ayes-13, Noes-0
NO. 26
Page 17
00-0321.txt
REPORT OF BIDS
TRAVELING WATER SCREEN REHABILITATION
As authorized by your Honorable Body in CCP 33 of
December 14, 1999, plans and specifications were
prepared and sealed proposals accepted for Traveling
Water Screen Rehabilitation.
I submit the following report of bids received which
were opened in my office at 11:00 a.m. on February 23,
2000:
Hohl Industrial Services
95 Stark Street
Tonawanda, New York 14150$ 149,950.00
John W. Danforth Company
1940 Fillmore Avenue
Buffalo, New York 14214$ 197,400.00
I certify that the foregoing is a true and correct
statement of all bids received and that Hohl Industrial
Services, 95 Stark Street, Tonawanda, New York is the
lowest responsible bidder complying with the
specifications for this project with their bid in the amount
of $149,950.00.
I respectfully request that your Honorable Body
authorize the Commissioner of Public Works to enter
into a contract with Hohl Industrial Services in the
amount of $149,950.00, and authorize a total
encumbrance of $164,945.00.
The Engineer's estimate for this work was
$160,000.00.
REFERRED TO THE COMMITEE ON FINANCE
NO. 27
CHANGE IN CONTRACT
APOLLO THEATER RENOVATION
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Apollo Theater Renovation, General
Construction, C. Nichter, Inc., C #91980200.
1. Furnish and install (2) additional soap dispensers as
requested by the Project Architect.Add $ 104.00
2. Field modify acoustical wall panels so that ductwork
could clear framing.Add $ 3,113.00
3. Provide temporary heat from November 3, 1999
until the permanent system was available on January
31, 2000.Add $
7,787.00
The foregoing change results in a net increase in the
contract of Eleven Thousand Four and 00/100 Dollars
($11,004.00).
Summary:Current Contract Amount $1,902,230.00
Net Change by Previous Change Orders
Add $ 257,174.00
Amount of This Change Order (#8) $ 11,004.00
Revised Contract Amount $2,170,408.00
These changes could not be foreseen at the time
contract was let. Costs have been reviewed by the
Consulting Architect (Robert Traynham Coles, Architect,
PC) and the Department of Public Works and found to
be fair and equitable. Funds for this work are available
in CPF 30332806 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above.
Mrs. Lotempio Moved
Page 18
00-0321.txt
That the above communication from the Commissioner
of Public Works dated March 8, 2000, be received and
filed, and
That the Commissioner of Public Works be, and he
hereby is authorized to issue change order No. 8, to C.
Nichiter, Inc., an increase in the amount of $11,004.00,
as more fully described in the above communication, for
work relating to Apollo Theater Reconstruction, General
Construction, C #91980200. Funds for this project are
available in CPF 30332806 445 100 -Division of
Buildings.
Passed
Ayes-13, Noes-0
NO. 28
CHANGE IN CONTRACT
MAIN TUPPER POLICE PRECINCT
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Main Tupper Police Precinct, General
Construction, C. Nichter, Inc., C #91994200.
1. Excavation of obstructions encountered during the
augering for caissons that could not be removed utilizing
the standard drilling techniques. Add $ 8,397.00
2. Revisions to piers A-1, B-1, C-1 and to the founda-
tion wall along column line 1 due to an exterior change
in grade.Add $ 9,150.00
3. Increase wall thickness along column line A
between columns 5 and 7 as directed by the Principal
Architect.
Add $11,451.00
4. Remove existing vault slab found along Main Street
that was not indicated on the contract documents.
Add $ 2,031.00
5. Furnish and install rolling fire shutters at 2 interior
windows in order to meet code requirements for a
one-hour separation. Add $ 5,092.00
6. Furnish and install cove glazed block in lieu of the
cove vinyl base where glazed block walls occur.
Add $ 805.00
7. Form and pour a 30" x 30" sump pit complete with
angle frame at the elevator pit. Add $ 759.00
8. Furnish and install 960 sq. ft. of foundation
insulation not indicated on the contract documents.
Add $ 1,150.00
9. Form steps in foundation of retaining walls where
originally indicated on contract documents as a fixed
elevation.Add $ 2,650.00
10. Furnish and install reinforcing steel along the
foundation wall between columns E5 and E7.
Add $ 272.00
11. Remove existing unstable rock and revise
foundation to accommodate existing 8" gas line at
canopy towers along Main Street. Add $ 8,471.00
12. Increase foundation wall thickness along Tupper
St. and revise pier with the northeast corner as directed
by the Project Architect.Add $ 7,150.00
13. Furnish and install 6'-0" high lockers in lieu of the
5'-0" high lockers specified as requested by the Police
Department.Add $14,091.00
The foregoing change results in a net increase in the
contract of Seventy One Thousand Four Hundred Sixty
Nine and 00/100 Dollars ($71,469.00).
Page 19
00-0321.txt
Summary: Current Contract Amount $ 2,986,940.00
Amount of This Change Order (#4) $ 71,469.00
Revised Contract Amount $ 3,058,409.00
These changes could not be foreseen at the time
contract was let. 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 29
CHANGE IN CONTRACT
PRECINCT 11 RENOVATIONS
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for Precinct 11 Renovations, General
Construction, Summit Construction Group, C
#92010135.
1. Removing additional asbestos material discovered
in 13 of the existing light fixtures. Add $ 1,020.00
The foregoing change results in a net increase in the
contract of One Thousand Twenty and 00/100 Dollars
($1,020.00).
Summary: Current Contract Amount$ 539,000.00
Revised Contract Amount $ 1,020.00
Amount of This Change Order (#1) $ 540,020.00
These changes could not be foreseen at the time
contract was let. Costs have been reviewed by the
Consulting Architect (Trautman Associates) and the
Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF
30337706 445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order
to the contractor as set forth above.
Mrs. Lotempio Moved:
That the above Communication from the
Commissioner of Public Works dated March 14, 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
Summit Construction Group, an increase in the amount
of $1,020.00, as more fully described in the above
communication, for work relating to Precinct II
Renovations, General Construction, C #92010135.
Funds for this project are available in CPF 30337706
445 100 -Division of Buildings.
Passed
Ayes-13, Noes-0
NO. 30
REPORT OF BIDS
SHEA'S PERFORMING ARTS CENTER
RESTORATION OF HOUSE EXTERIOR
I advertised for on February 1, 2000 and received the
following sealed formal proposals for Shea's Performing
Arts Center, Restoration of House Exterior, which were
publicly opened and read on March 7, 2000.
Base BidAlt No.
Page 20
00-0321.txt
1
Summit Construction$1,222,000$10,000
C & D Waterproofing$1,285,000$25,000
Sicoli & Massaro$1,392,600
$23,500
C Nichter$1,547,300
$12,100
Alpha Masonry$1,560,944$ 9,800
Lancet Arch$1,736,900$33,100
Alternate No. I is for the following work at marquee on
west elevation: Prepare a// exposed surfaces for
painting, including the removal of rust, dirt and loose
paint. Patch holes, sand, prime and paint in multi-colors
and as shown and noted on drawings.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Summit
Construction, with a Base Bid of $1,222,000, add
Alternate No. 1 for $10,000, for a total amount of One
Million Two Hundred Thirty Two Thousand and 00/100
Dollars ($1,232,000.00) is the lowest responsible bidder
in accordance with the plans and specifications.
Total estimate for this work was $1,200,000.
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 March 7, 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, Restoration of House
Exterior, to Summit Construction, the lowest responsible
bidder, with a Base Bid of $1,222,000, add Alternate No.
1 for $10,000, for a total amount of $1,232,000.00.
Funds for this project will be available in CPF 3923
)2006 445 100 - Division of Buildings.
PASSED
AYES -13 NOES - 0
NO. 31
DEMOLITIONS PERFORMED BY CITY DEPARTMENT
ITEM NO. 66, C.C.P. 2/22/00
Members of the Council's Budget Committee have
asked this department to file a report on the number of
demolitions that we have performed with our in-house
crew. We have also been asked t comment on the
status of our equipment used for demolition purposes.
Since the start of this program, we have demolished
ninety-one (91) structures. The following equipment is
being utilized by the crew.
Leased Vehicles:
Excavator
Track Dozer
Purchased Vehicles:
Tractor and Lowboy Trailer
Highlift
Dump Truck
Trailer
2 Pick-up Crew Trucks
REFERRED TO THE COMMITTEE ON BUDGET
Page 21
00-0321.txt
NO. 32
FIRE DEPARTMENT-FUEL DISPENSING SITES
In reply to your correspondence of January 26, 2000 1
am outlining below the contract status of underground
fuel tank work associated with the Fire Department.
Phase I
Ladder 11 - Removal of a 1500 gallon gasoline tank on
12/9/98. $3,000.00 Service Station - Removal of a 1500
gallon gasoline tank on 12/23/98. $4,000.00 Engine 23 -
Removal of contaminated soils where tank had been
removed previously. $11,000.00.
Work complete.
Phase II
Engine 25/Former Precinct 9 - Removal of three (3)
tanks and installation of a new diesel tank.
$86,324.00. New tank operational and site restored.
Phase II-2
Locations where tanks are to be removed:
Engine 24300.00Complete
Engine 94100.00Complete
Engine 104,250.00Scheduled week
2/28/00
Engine 185,300.00Complete
Engine 195,600.00Scheduled for April
2000
Engine 213,900.00Complete
Engine 223,900.00Scheduled for week of
2/7/00
Engine 264,600.00Complete
Engine 283,800.00Complete
Engine 333,800.00Complete
Engine 354,900.00Complete
Engine 384,300.00Complete
Locations where existing tanks are to be removed and
new tanks installed:
Engine 1 $31,500.00 Installed;
waiting for electrical and start-up. Completion /25/00.
Engine 3 $31,500.00
Scheduled to begin 3/l/00.
Engine 4 $31,500.00
Scheduled to begin 3/13/00.
Engine 24 $31,500.00 scheduled to
begin 2/7/00.
Engine 31 $31,500.00 Installed.
Completion 2/4/00.
Engine 32 $31,500.00 Installed; waiting
for electrical and start-up. Completion 2/25/00.
Engine 34 $32,000.00 Installed; waiting
for electrical and start-up. Completion 2/18/00.
Engine 36 $31,500.00 Installed.
Completion 2/4/00.
Engine 37 $31,500.00 Installed; waiting
for electrical and start-up. Completion 3/3/00.
Ladder 12 $31,500.00 Installed; waiting for
electrical and start-up. Completion 3/10/00.
Engine 16 - Upgrade of tank only. $22,500.00. To
begin 2/7/00.
Please note that the costs listed above for Phase 11-2
do not include associated expenses for electrical,
contaminated soil, site restoration, etc. If desired, this
information can be provided at project completion.
If you need any further information on these particular
contracts, please don't hesitate to call.
Page 22
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REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 33
IN-HOUSE DEMOLITION CREW
At their meeting of March 13, 2000, the Council's
Budget Committee requested that I provide our
estimates for equipment and personnel necessary to
expand our in-house demolition program.
The following personnel and equipment will be
necessary for a second demolition crew.-
Labor:
2 Laborer 1$46,884
Heavy Equip. Operator30,708
Truck Driver28,317
Total:$105,909 per year
Equipment:
Pickup Truck$22,000
Excavator160,000
Total:$182,000
The excavator may be leased for $42,000 per year.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 34
JEFFERSON AVE. COMMERCIAL STRIP
RE-DEVELOPMENT PROJECT
Respectfully request Your Honorable Body's
authorization to enter into an agreement with an
architectural/engineering firm for the development,
design, and bidding for the Jefferson Ave. Commercial
Strip Re-development Project. Funds for this consultant
will be available from capital project funds approved in
the 1999-2000 Capital Budget.
Mrs. Lotempio Moved:
That the above communication from the Commissioner
of Public Works dated March 10, 2000, be received and
filed; and
That the Commissioner of Public Works be, and he
hereby is authorized to enter into an agreement with an
architectural/engineering firm for the development,
design, and bidding for the Jefferson Avenue
Commercial Strip Re-development Project. Funds for
this consultant will be available from capital project
funds approved in the 1999-2000 Capital Budget.
PASSED
AYES -13 NOES – 0
NO. 35
LEASE AMENDMENBROADWAY MARKET
The Broadway Market Board has requested that the
City amend the existing lease for the Market as follows..
1 .That the City be responsible for all utility costs.
Tenant reimbursements currently going to the Market
will be deposited with the City. The Market expects
future utility costs to be $15,000.
2.That the City retroactively reimburse the Market
for its energy cost since the start of the 1999- 2000
fiscal year. The amount of this reimbursement will be
determined by an audit to be performed by the
Comptroller.
3.That the Comptroller be granted the right to
audit the finances of the Market as the Comptroller sees
fit.
The Board has also requested that utilities purchased
Page 23
00-0321.txt
for use at the Market be purchased through thE City's
bulk utility purchasing plan. Although I have no objection
to this, I think that we need to look at the way to receive
the best possible rates. The Market is currently in the
Economic Development Zone, and as such, may be
eligible to receive discounts on power costs exceeding
the benefit of joining our aggregation.
I respectfully request that Your Honorable Body
authorize the Corporation Counsel to draft the
appropriate Lease Agreements and that you authorize
the Mayor to execute this amendment on behalf of the
City.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 36
PERMISSION TO ENGAGE SERVICES
CONSULTING ENGINEER
DAVIS STREET WATERLINE REPLACEMENT
The Division of Water requests permission from your
Honorable Body to engage the services of a Consulting
Engineer for the design of the Davis Street waterline
replacement. The proposed work will be on Davis Street
between Genesee Street and Jefferson Avenue.
Community Development is constructing new, single
family homes on Davis Street. The existing watermain is
a four inch watermain and dates to 1884 and is unable
to provide sufficient flow for the proposed sub-division.
Engineering costs are estimated to be $23,000. Funds
are available in the Division of Water's Capital
Improvement account.
Mrs. LoTempio moved:
That the above communication from the Commissioner
of Public Works dated March 13, 2000 be received and
filed; and
That the Commissioner of Public Works be, and he
hereby is authorized to engage the services of a
Consulting Engineer for the design of the Davis Street
waterline replacement.
Funds for this project are available in the Division of
Water's Capital Improvement account.
PASSED
AYES -13 NOES - 0
NO. 37
PERMISSION TO PREPARE PLANS &
SPECIFICATIONS AND ADVERTISE FOR
PROPOSALS FOR THE REPLACEMENT OF TREE
ROOT DAMAGED SIDEWALK CITY WIDE - 2000
GROUP #523
I hereby request permission from your Honorable Body
to prepare plans, specifications and advertise for sealed
proposals for the Replacement of Tree Root Damaged
Sidewalks City Wide - 2000, Group #523.
This project is included in the 1999-2000 Capital
Improvements Budget and will involve the replacement
of "tree root damaged" sidewalk along with associated
items.
Funds for this project are available in our infrastructure
improvements bond 99-2000, account #34310506.
The Engineers Estimate is $500,000.00
Mrs. LoTempio moved:
That the above communication from the Commissioner
of Public Works dated March 15, 2000 be received and
Page 24
00-0321.txt
filed, and
That the Commissioner of Public Works be, and he
hereby is authorized to prepare plans, specifications
and advertise for sealed proposals for the Replacement
of Tree Root Damaged Sidewalks City Wide - 2000,
Group #523. Funds for this project are available in
infrastructure improvements bond 99-2000, amount
934310506.
PASSED
AYES -13 NOES - 0
NO. 38
REQUEST FOR TRAFFIC SIGNAL
INSTALLATION
INTERSECTION OF KENSINGTON AVENUE
AND POULTNEY AVENUE
ITEM #184, C.C.P. 3/7/2000
This is in response to Item #184 of March 7, 2000
which requested that a traffic control signal be installed
at the intersection of Kensington and Poultney Avenues.
The Department of Public Works-Traffic Engineering
Section has scheduled a traffic study/warrant analysis
for this location, which will be conducted in the summer
of 2000. Upon completion of this study, this department
will inform Your Honorable Body of our findings and
conclusions.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 39
WASTE TRANSFER STATION EXPANSION
At the Budget Committee Meeting of March 13, 2000,
this department was requested to file an estimate on the
cost to double the capacity of the East Side Transfer
Station.
The Commissioner of Streets & Sanitation indicates
that he will need approximately $500,000 for additional
equipment. We have estimated that the demolition of the
existing structures, and the construction of a facility
capable of handling 200,000 tons per year, would cost
$2.7 million. This assumes that we would not encounter
any major environmental problems.
If a new site is to be considered, we anticipate the
need for at least an additional $1 million to do the
environmental reviews required by the State
Environmental Quality Review Act and to apply for new
permits.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 40
APPT. TRAFFIC SIGNAL SPECIALIST SUPERV I
Appointment Effective: March 10, 2000, in the
Department of public Works Division of Engineering to
the Position of Traffic Signal Specialist Supervisor I
Permanent Appointment at the Intermediate
Starting Salary of: $ 29,382
Gerald E. Lewandowski, 173 Eden St., Buffalo, NY
14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 41
M. OVERDORF-COMM. ASSN. - CONCERNS-POLICE
Page 25
00-0321.txt
PATROL, ETC.
ITEM 965, CCP FEBRUARY 22, 2000
There have been two meetings held due to the
concern over this issue. On 2/8/00 Chief of Patrol
Ramunno, A District Captain Edward Hempling and
myself met with Councilmember Fontana. The following
day the same group met with Councilmember Martino.
The reasons behind our staffing levels were explained in
detail and seemed reasonable to all parties present. It
was also agreed upon that if there are specific problems
that they should be addressed through the district
commander. If deemed appropriate the district
commander will then request specific details that can be
monitored closely to see if were getting the desired
results. We believe that this is a much more efficient
way to manage our resources.
REFERRED TO THE SPECIAL COMMITTEE ON
POLICE REORGANIZATION
NO. 42
INFO ERIE COUNTY TAKEOVER CENTRAL
BOOKING
I am in receipt of a copy of a letter sent to you dated
March 9, 2000 from Erie County Sheriff Patrick Gallivan
regarding our interest in having Erie County taking over
Central Booking duties.
I concur with Sheriff Gallivan that any exploration of this
idea must include discussions with the Sheriff's
Department. As we conveyed to the Council's Police
Reorganization and Oversight Committee on March 1,
2000, we will not be ready to report to The Council
regarding this concept until we are able to discuss this
matter in detail with the Sheriffs Department.
As you are aware, we have been exchanging ideas
regarding this concept with Cheektowaga Chief of Police
Bruce Chamberlin as well as the Citizen Advisory
Groups for the Buffalo Police Department and the
Cheektowaga Police Department. We will continue this
process.
I am pleased to see that Sheriff Gallivan is receptive to
exploring this concept further. I am in complete support
of his proposal for a "comprehensive, objective
feasibility study" and look forward to having Buffalo
Police Department input on any committee that would
move forward with this study.
In order to begin the project, I am forwarding copies of
this correspondence to Sheriff Gallivan, County
Executive Giambra, Mayor Masiello, and Cheektowaga
Police Chief Bruce Chamberlin. I would ask that all
recipients designate someone to serve on a committee
to study the feasibility of an Erie County Central
Booking. Captain Mark Makowski will represent the
Buffalo Police Department and the City. He can be
reached at 8515643.
The Buffalo Police Department looks forward to the
establishment of a formal committee as well as the
comprehensive feasibility study.
REFERRED TO THE SPECIAL COMMITTEE ON
POLICE REORGANIZATION
NO. 43
APPT ASST. CORP COUNSEL II
Appointment Effective: March 6, 2000in the
Page 26
00-0321.txt
department of: Police To the position of Corporation
Counsel II, Permanent Non-Competitive at the Maximum
Starting Salary of: $ 64,092
Susan P. Wheatley,26 Burke Drive, Buffalo, New
York 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 44
APPT FIRE CAPTAIN PERM
Appointment effective March 18, 2000 in the
Department ofFire to the position of Fire Captain at
the permanent promotion at the flat Starting salary of:
$56,020
James Miner, 7062 Taylor Road Hamburg, 14075
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 45
APPT FIRE CAPTAIN PERM
Appointment effective March 18, 2000 in the
Department ofFire to the position of Fire Captain at
the permanent contingent promotion at the flat Starting
salary of: $56,020
Michael Biasello, 13750 Parker Road, Holland, 14080
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 46
APPT FIRE LIEUTENANT PERM
Appointment effective In the Department of Fire to the
to the position of Fire Lieutenant Permanent Promotion
at the Starting salary of: $53,314
Charles Manley, 54 East Royal, Orchard Park, 14127
Philip Losi, 308 West Delavan, Buffalo, 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 47
APPT FIRE LIEUTENANT PERM CONT
Appointment effective in the Department of Fire to the
position of Fire Lieutenant Perm Cont. at the flat Starting
salary of: $53,3 14
Douglas Lash, 4660 Ransom Road, Clarence, 14031
Mark Victor, 381 Homestead, N. Tonawanda, 14120
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 48
BROADWAY-FILLMORE WORK FORCE
ITEM #155, C.C.P 2/22/2000
In the above referenced item your Honorable Body
resolved that it would sponsor a series of meetings to
review Federal legislation that sunsets the Job Training
Partnership Act (JTPA) on June 30, 2000. JTPA
currently funds the Buffalo and Erie County Private
Industry Council. It will be replaced by the Workforce
Investment Act (WIA) on July 1, 2000. Please be
advised that representatives from the Buffalo
Employment and Training Services Office of the Private
Industry Council (PIC) will be present at your meetings
to provide information pertaining to services that will be
Page 27
00-0321.txt
available through the Workforce Investment Act.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 49
MINORITY UTILIZATION REPORT
1999-2000
As per the request of the Minority Business Enterprise
Committee, I have attached the 1999-2000 Minority
Utilization Report.
REFERRED TO THE MINORITY BUSINESS
ENTERPRISE COMMITTEE
NO. 50
INFO-303 NORTH STREET & BERGERS BLDG
Per your request dated March 3d, 2000, (copy
enclosed), I am submitting the following information.
A. Questions pertaining to 303 North Street.
One of the questions pertained to the availability of
funds during the operation of the HOME Rental
Rehabilitation program. I submit to you that at no time
since the inception of the HOME Rental Rehabilitation
Program has any applicant been denied funding due to
a lack of available HOME funds.
Another question requested information as to "... the
degree to which HOME Rental Rehabilitation funds have
been usedfor low income property owners. ".
The goal of the HOME Rental Rehabilitation Program is
to provide safe, affordable and decent housing to low to
moderate-income tenants. This is accomplished by
providing low interest loans to investment property
owners whom in turn agree to provide rental units to low
to moderate income tenants for the fifteen (15) year loan
period. HOME funds are used to provide housing to
those families at 80% of the Area Median Income or
less. The current Area Median Income is:
The final question regarding the HOME Rental
Rehabilitation Program pertained to the loans granted
under the program, and the respective addresses. I
have enclosed a chart showing the (1) loan amount, (2)
property address, and (3) amount of units.
Figures available in The City Clerk’s Office.
B. Questions pertaining to the Berger's Building
The first question pertaining to the Berger's Building
was a request for an update of the repairs. I have
enclosed a separate report outlining the scheduled work
to be performed.
The final question was a request for the status of the
developer's efforts to secure private financing for the
Berger's Building project.
To date, Ellicott Development has assembled their
financial package for submission to HSBC, M&T Bank,
Evans Bank, and CitiBank. They are in the process of
completing their analysis, market study, and appraisal
for the project. Ellicott Development and expects to
secure a commitment on the financing for this project
within the next forty-five to sixty (45) to (60) days.
Ellicott Development has also had several discussions
with representatives of Fannie Mae, who has expressed
a strong interest in providing substantial equity financing
for this project under its American Communities
Program.
I trust this information answers the questions this
Page 28
00-0321.txt
honorable body has posed in its March 3rd, 2000
communication. If you should have any further
questions, please do not hesitate to call my office at ext.
4913.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 51
RESULTS OF NEGOTIATIONS
106 BARTON, 147.27 N FERRY
VACANT LOT: 341 X 1501
ASSESSED VALUATION $5,500
The Department of Community Development, Division
of In-Rem Properties, has received a request to
purchase 106 Barton from Mr. Joseph E. and Mrs. Lucy
Reggie-Maurawski, 387 Parker Street, Buffalo, New
York 14216, to purchase the above captioned vacant lot.
Mr. & Mrs. Maurawski intend to use the property for
additional yard space, which is adjacent to their property
at 102 Barton Street.
The Department of Community Development and the
Division of Collections have no objection to the sale.
There are no building code violations, taxes or other
liens owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by William
Kushman, Jr., appraiser, Kushman Appraisal Service
Inc.,P.O. Box 828, Buffalo, New York 14231. He has
estimated the value of the property to be Five Hundred
Dollars ($500), which is Nine Cents (.09) asquare
foot. The Division of In-Rem Properties has investigated
the sales of similar properties in the area. Sales prices
range from Sixteen Cents (.16) to Thirty-Three Cents
(.33) a square foot.
The results of our negotiations are that Mr. and Mrs.
Maurawski have agreed and are prepared to pay Eight
Hundred Dollars ($800), Sixteen Cents (.16) a square
foot, for this parcel. They have also agreed to pay for
the cost of the appraisal, transfer tax, recording fee's
and cost of the legal description.
I am recommending that Your Honorable Body
approve the sale of 106 Barton Street to Mr. and Mrs.
Maurawski in the amount of Eight: Hundred Dollars
($800). 1 am further recommending that the Corporation
Counsel prepare the necessary documents for the
transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 52
RESULTS OF NEGOTIATIONS
20 WEST, 178.50' NW CAROLINA
VACANT LOT 34’X 90’
ASSESSED VALUATION $4,900
The Department of Community Development, Division
of In-Rem Properties, has received a request from Mr.
Florentino Hernandez,16 West Avenue, Buffalo, New
York 14201, to purchase the above captioned property.
Mr. Hernandez intends to use the property for extra yard
space, which is adjacent to his property at 16 West
Avenue.
The Department of Community Development and the
Division of Collections have no objection to the sale.
Page 29
00-0321.txt
There are no outstanding code violations, taxes or other
liens owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by Mr. Michael W. Heigel of Able Realty
Company, 148 South Marlin Road, Grand Island, New
York 14072. He has estimated the value of the parcel to
be One Thousand Dollars ($1,000). The Division of
In-Rem Properties concurs with the estimate of value.
The results of our negotiations are that Mr. Hernandez
has agreed and is prepared to pay One Thousand
Dollars ($1,000) for this parcel. Mr. Hernandez has also
agreed to pay for the cost of the appraisal, transfer tax,
recording fee's and cost of the legal description.
I am recommending that Your Honorable Body
approve the sale of 20 West Avenue to Mr. Florentino
Hernandez in the amount of One Thousand Dollars
($1,000). I am further recommending that the
Corporation Counsel prepare the necessary documents
for the transfer of title and that the Mayor be authorized
to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 53
RESULTS OF NEGOTIATIONS
210 RILEY, 2141 E MASTEN
VACANT LOT:40' X 106’
ASSESSED VALUATION: $2,100
The Department of Community Development, Division
of In-Rem Properties, has received a request from Mrs.
Rebecca Patterson, 198 Riley Street, Buffalo, New York
14208. Mrs. Patterson owns and resides at 198 Riley
Street, owns the vacant lots at 200 and 206 Riley Street,
which are adjacent to 210 Riley Street and intends to
use the property for additional yard space.
The Department of Community Development and the
Division of Collections have no objection to the sale.
There are no building code violations, taxes or other
liens owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
conducted by Mr. David A. Burnett of Arrow Appraisal,
3790 Broadway Street, Cheektowaga, New York 14227.
He has estimated the value of the parcel to be Three
Hundred Dollars ($300), Seven Cents (.07) a square
foot. The Division of In-Rem Properties has investigated
the sales of similar properties in the area. Sales prices
range from Sixteen Cents (.16) to Thirty-Eight Cents
(.38) a square foot.
The results of our negotiations are that Mrs. Rebecca
Patterson has agreed and is prepared to pay One
Thousand Dollars ($1,000), Twenty-Four Cents (.24) a
square foot, for this parcel. She has also agreed to pay
for the cost of the appraisal, transfer tax, recording fee's
and cost of the legal description.
I am recommending that Your Honorable Body
approve the sale of 210 Riley Street to Mrs. Rebecca
Patterson in the amount of One Thousand Dollars
($1,000). 1 am further recommending that the
Corporation Counsel prepare the necessary documents
for the transfer of title and that the mayor be authorized
to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 54
Page 30
00-0321.txt
SECOND HAND DEALER
3419 BAILEY
Pursuant to Chapter 254 of the City of Buffalo
ordinances, please be advised that I have examined the
attached application for a Second Hand Dealer License
located at 3419 Bailey and find that as to form it is
correct. I have caused an investigation into the premises
for which said application for a Second Hand Dealer
License is being sought and according to the attached
reports from the Zoning Office, Fire Department and
Building Inspector, I find it complies with all regulations
and other applicable laws. I have caused and
investigation by the Police Department into the moral
character of Henry Pope. The attached thereto for Henry
Pope d/b/a ClaraBelle Antiques located at 3419 Bailey.
This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 55
SOLICITATION OF FUNDS
Attached is an application for Solication of Funds for
ninety-one Charity Golf Classic to solicit funds in the
Buffalo area from April 15, 2000 to May 15, 2000. In
accordance with Chapter 316, Article VI of the City of
Buffalo Ordinances, I hereby refer this matter to your
Honorable Body.
Mrs. LoTempio moved:
That the above Communication from the
Commissioner of Community Development dated March
9, 2000, be received and filed, and
That pursuant to Chapter 3 16, Article VI of the City
Code, the Director of Inspections, Licenses and Permits
be, and lie hereby is authorized to grant Ninety One
Charity Golf Classic an exemption to solicit funds in the
City of Buffalo from April 15, 2000 to May 15, 2000.
PASSED
AYES -13 NOES - 0
NO. 56
TRANSFER OF TITLE, URBAN HOMESTEAD
PROGRAM
29 BRUNSWICK, (CITY OWNED -TWO FAMILY
DWELLING)
LOT SIZE: 33' X 103'
ASSESSED VALUATION: $28,500
The Department of Community Development has
surveyed the city-owned vacant home at 29 Brunswick
Street. The home is situated on a lot 33' x 103'. It has
been determined that the property inappropriate for
either the construction of new housing or needed for
public purposes.
Mr. Ron Talboys from Habitat for Humanity, 9511
Keller Road, Clarence Center, New York indicated that
Habitat for Humanity will restore the two family home
back to its original design, a one family home. Habitat
has agreed to acquire the property in accordance with
the Urban Homestead Program and I transfer the
restored single family home to an income qualified
family for One Dollar ($1.00). Habitat identified
Rosemary Watson and family as the eligible purchasers.
We are recommending that the City-owned vacant
home be designated as a Homestead Property an
Page 31
00-0321.txt
transferred to Habitat for Humanity on the following
conditions; that the property is repaired and improve
within eighteen (18) months; and that the property be
transferred to a qualified low income homesteader who
will occupy and maintain the property for a period of at
least 36 months.
We further recommend that the Corporation Counsel
prepare the necessary documents for the transfer c title
and that the Mayor be authorized to execute the same.
Mrs. LoTempio moved:
That the property known as 29 Brunswick be
designated as Homestead Property, and
That the Commissioner of Community Development be
and he hereby is authorized to transfer 29 Brunswick to
Habitat for Humanity for the Dollar($1.00) on the
condition that the property is repaired and improved
within 18 months, that the property be transferred to a
qualified low income homesteader who will occupy and
maintain the property for a period of at least 36 months,
and
That the corporation Counsel is authorized to prepare
the necessary documents for the transfer of title and that
the Mayor be authorized to execute the same.
PASSED
AYES-13 NOES-0
NO. 57
USED CAR DEALER
2129 FILLMORE
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Used Car Dealer License
located at 2129 Fillmore and find that as to form it is
correct. I have caused an investigation into the premises
for which said application for a Used Car Dealer License
is being sought and according to the attached reports
from the Zoning Office, Fire Department and Building
Inspector, I find it complies with all regulations and other
applicable laws. I have caused and investigation by the
Police Department into the moral character of Demetrius
Gray. The attached thereto for Demetrius Gray d/b/a
Dewey's Auto Sales located at 2129 FIllmore. This
request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 58
USED CAR DEALER
700 WITARY RD.
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Used Car Dealer License
located at 700 Military Rd. and find that as to form it is
correct. I have caused an investigation into the premises
for which said application for a Used Car Dealer License
is being sought and according to the attached reports
from the Zoning Office, Fire Department and Building
Inspector, I find it complies with all regulations and other
applicable laws. I have caused and investigation by the
Police Department into the moral character of Jason
Nichols. The attached thereto for Jason Nichols d/b/a
Inspectors Choice located at 700 Military Rd. This
request is submitted for your approval or whatever
Page 32
00-0321.txt
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION
AND FINANCE
NO. 59
ACCOUNTING OF GARBAGE USER FEE
This is in response to your resolution requesting an
accounting of the costs and revenues associated with
the Solid Waste Enterprise Fund.
I have attached Exhibits E-7 (Statement of Revenues)
and E-9 (Statement of Expenditures and Encumbrances)
from the Comptroller's Annual Financial Reports for the
Fiscal Years ended June 30, 1997, 1998 and 1999.
These documents provide the accounting that was
requested. The Division of Accounting can provide a
detailed explanation of these documents.
The resolution also asks for a breakdown of the
revenues generated by the user fee as well as an
accounting of all outstanding bills. I asked the Division
of Data processing to prepare a report breaking down
revenues and accounts receivable by the categories
detailed in the resolution. This report is attached. For an
explanation of the methodology employed in developing
this report contact James Seguin, Systems Analyst,
Division of Data Processing.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 59
ACCOUNTING OF GARBAGE USER FEE
This is in response to your resolution requesting a
report on whether savings have been realized from the
city demolition program.
At the March 13, 2000 Budget Committee meeting
Commissioner Giambra reported that the city had
performed 91 demolitions since the inception of the
program. I have data on 88 of these demolitions (see
attached list). The cost of these demolitions ranges from
a low of $728.81 to a high of $21,729.49 for an average
cost per demolition of approximately $5,979. At the
same meeting Deputy Commissioner Pawlik estimated
that we pay private contractors $7,200 per demolition on
average. Employing these figures, we have saved
approximately $1,221 per demolition for a total savings
of $107,448 on the 0830 demolitions performed.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 60
DEMOLITIONS PERFORMED BY CITY
DEPARTMENTS
This is in response to your resolution requesting
a report on whether savings have been realized from the
city demolition program.
At the March 13, 2000 Budget Committee
meeting commissioner Giambra reported that the city
had performed 91 demolitions since the inception of the
program. I have data on 88 of these demolitions (see
attached list). The cost of these demolitions ranges
from a low of $728.81 to a high of $21,729.49 for an
average cost per demolition of approximately $5,979. At
Page 33
00-0321.txt
the same meeting Deputy Commissioner Pawlik
estimated that we pay private contractors $7,200 per
demolition on average. Employing these figures, we
have saved approximately $1,221 per demolition for a
total savings of $107,448 on the 88 demolitions
performed.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 61
RESIDENCY REPORT
Attached is a copy of a residency report. The status of
some investigations is unknown to the Labor Relations
Division as the investigations were conducted through
the Division of Civil Service and did not result in
disciplinary proceedings.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 62
MONTHLY REPORTS FROM RESIDENCY OFFICER
(#164 CCP FEB. 22,2000)
Please be advised that the Residency Investigator is
now under the Division of Labor Relations and this
request should be directed to them.
RECEIVED AND FILED
NO. 63
APPT. ADMINISTRATIVE LAW JUDGE
Appointment Effective January 1, 2000 in the
Department of Administration and Finance Division of
Administrative Adjudication
to the Position ofAdministrative Law Judge
Temporary Appointment at the Flat Starting Salary of: $
13.75/hr.
Jeffrey M. Priore, Esq.,1807 Elmwood Avenue, Buffalo,
NY 14207
Ann R. Pinzler, Esq.,391 Jersey Street, Buffalo, NY
14213
Gary A. Gerace, Esq.,3960 Harlem Road, Suite
7C,Snyder, NY 14226
Daniel E. Wisniewski, Esq.,385 Franklin Street,Buffalo,
NY 14202
Randall J. Kay, Esq.,6 McKinley Parkway,Buffalo, NY
14220
Gregory A. Fina, Esq.,262 Euclid Avenue,Kenmore, NY
14127
Ann T. Hanulak, Esq., 2140 Eggert Rd, Amherst, NY
14226
Thomas J. Navarro Jr. Esq., 147 Marine Dr. Apt 12d,
Bflo NY 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
AND THE DEPARTMENT OF ADMINISTRATION AND
FINANCE
NO. 64
APPOINT HEARING OFFICER
Appointment Effective: January 1, 2000, in the
Department of Administration and Finance Division of
Parking Enforcement to the Position of Hearing
Examiner Seasonal Non-Competitive at the Flat
Starting Salary of: $110/day
Gary A. Gerace, 67 Stevenson Street, Buffalo 14220
Jeffrey M. Priore,1807 Elmwood Avenue, Buffalo 14207
Page 34
00-0321.txt
Gregory A. Fina,1962 Delaware Avenue, Buffalo 14216
David Shapiro,195 Voorhees Avenue, Buffalo 14214
Daniel Wisniewski, 534 Highgate Avenue,Buffalo 14215
Randall LT. Kay, 6 McKinley Circle, Buffalo 14220
Michael P. Clohessy, 367 Tremont St. : 367 Tremont
Buffalo 14120
John Garrity, 96 Beard Avenue, Buffalo 1421-4
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
AND ADMINISTRATION AND FINANCE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 65
INNER HARBOR PLANS
Plans for the Inner Harbor Development by
Matthews-Niclson have been reviewed by the Forester
and Commissioner of Parks.
They have been approved and will be available for
viewing at the Delaware Labor Center, 17 Meadoivview
Place, from 8am - 4pm, Monday through Friday.
RECEIVED AND FILED
NO. 66
APPT SENIOR COUNSELOR
Appointment Effective March 6, 2000, in the Department
ofHuman Services Parks and Recreation Division
of Substance Abuse Services
to the Position of Senior Counselor Provisional
Appointment at the Maximum Starting Salary of
$36,633.00
Arleen Filipski, 653 Fulton Ave.,Buffalo 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF GENERAL
SERVICES
NO. 67
APPT SENIOR CLERK
Appointment Effective: March 2, 2000, in the
Department of General Services Division of Purchase to
the Position of Senior Clerk Temporary Appointment at
the Maximum Starting Salary of: $ 28,243
Rachelle Malek, 1147 Hartwell Rd.,Buffalo NY
14216-1703
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BOARD OF EDUCATION
NO. 68
PARKING AT SCHOOL #44 - BROADWAY
PERSON STS.(#190 CCP MAR. 7, 2000)
#190 CCP MARCH 7, 2000
I spoke with Mr. Ferrentino, Assistant Principal of
School #44 concerning the parking situation at School
#44 as referenced in the attached correspondence from
the Common Council. Mr. Ferrentino assured me that
the school administrators have regularly informed the
school staff that neighbors want them to park in the
school lot.
There is no work rule or contractual language to force
school employees to park only in the school lot. The
signage suggested in Mrs. LoTempio's resolution may
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solve the problem near the Broadway-Person
intersection, only to move it down the street. This is the
jurisdiction of Public Works and the Buffalo Police
Department.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 69
JOHNSON-FILLMORE/LEROY BLOCK CLUB
REQ. POLICY CHANGE-LAIDLAW BUS COMPANY
The Buffalo Public Schools received a letter from Mr.
William Johnson, President of the Fillmore-Leroy Block
Club Council concerning the safety of students after
they have been dropped off by their school busses. As a
starting point, let us take a moment and describe to you
the existing scope and policy of the Buffalo City School
District for our transportation program.
Each school day over 27,000 students are dropped off
of yellow school busses in the City of Buffalo. Additional
10,900 students make their way home each afternoon
on Metro busses with passes supplied by the district. In
addition, over 11,000 elementary grade students and
almost 4,000 secondary grade students are classified as
walkers and find their own way home each afternoon. As
you can see, the numbers are large and the ability to
keep these children safe requires all of us in the
community to focus our continuous attention on this
issue.
Following are some of the ways the district uses to
keep our children safe:
One way school districts attempt to control the cost of
transportation is to create centralized bus stops that
require students to walk farther to keep the bus rides
shorter. For many years now, our district has chosen
just the opposite of this approach and followed a
deliberate policy of creating more bus stops located
closer to students' homes for their safety.
Our district has also always listened closely to the
concerns of parents and made adjustments to bus stops
based on those concerns. If a parent calls and says that
they do not feel safe at the bus stop assigned for their
child we work with the parent and try to relocate the bus
stop to a corner they are more comfortable with.
The Buffalo Board of Education also works closely with
parents on more specific problems and often provides a
Buffalo Police AIM Officer, a school district employee or
a Laidlaw supervisor at a bus stop to deal with a
particular problem.
All busses are equipped with two-way radios so drivers
can receive instant assistance in an emergency and
receive warnings of potential problems.
Drivers and aides receive firm instructions on
assessing the safety of a comer before they let a child
off.
Another critical element of safety is the ability of our
parents to rely on the on-time appearance of the school
bus in both morning and afternoon. Children left waiting
on a corner in the morning or parents left waiting on a
corner in the afternoon are certainly less safe than if the
bus was on schedule. Our ability to keep the busses on
schedule depends in large part on keeping the busses
on the primary and secondary streets especially in the
winter months. Putting the busses on every and all
streets in the city might help us with one problem but
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create another, larger problem.
The Buffalo Board of Education has been able to
directly assist the family involved in the
Jefferson/Northland situation since the unfortunate
incident occurred. This information gives you a sense of
the pro-active steps the district has already taken to
ensure the safety of our students.
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 70
WORTHINGTON BUSINESS CENTER ACCESS
ROAD #192 CCP MARCH 7, 2000
The Buffalo Economic Renaissance Corporation is
pleased that your honorable body has requested that
Norfolk Southern Railroad appear before you in regards
to the Worthington Business Center Access Road
project. BERC has been very frustrated with our efforts
to move this project forward since Norfolk Southern
acquired these specific trackage rights from Conrail in
June of 1999.
Prior to June of 1999, BERC had been involved in a
very extensive process with Conrail to secure a properly
designed crossing at the spur which bisects the
proposed access road. This process included the
development and review of a Final Project Proposal, the
development of a Preliminary Engineering Agreement
with Conrail, review of Pre-Final Project Plans and
Specifications, and the development of a Construction
Agreement with Conrail.
Even though BERC was promised that the
Construction Agreement would be in place before the
spilt, it did not happen. The Construction Agreement
that we were negotiating with Conrail was a very simple
crossing with signage and pavement cross-hatchings,
because of the infrequent number of trains using the
spur. We had worked closely with the New York State
DOT (Rail Division) to ensure that this was acceptable
to them.
When Norfolk Southern took over the property, we had
hoped that they would accept the work already
completed by Conrail. They accepted none of IL.
Subsequently, our consulting engineers needed to
duplicate all the coordination work they had performed
previously. In addition, Norfolk Southern was
unresponsive for months at a time regarding their review
of the project. At one point we had to re-file all of the
engineering information because they "lost it".
Finally, on February 11, 2000 we received their
response and requests. We were surprised to find that
they were asking for the crossing to have warning
flashers and gates. They had taken the completely
opposite stand from Conrail regarding this crossing, and
had ignored the New York State DOT's opinion that had
been previously rendered.
Our engineers estimate that the gates & flashers will
add $150,000.00 to a $350,000.00 project. This would
require a complete re-working of the New York State
Industrial Access Program Agreement, and the
agreement BERC has with the Worthington Business
Center owner's group. It will probably also mean the
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loss of another construction season for this project.
The Council Resolution very clearly points out the
significance that this roadway improvement will have on
the surrounding residential neighborhood. It should be
also noted that the increased accessibility will greatly
improve the economic viability of the Worthington
Business Center. We are looking to increase its
occupancy rate from 60 to 90%, and create another to
130 jobs.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO. 71
NO. 73 , MARCH 7, 2000 - AMENDMENT - LEDCOR
AGREEMENT
The above referenced item is a request by Ledcor to
amend its existing Telecommunications License
Agreement with the City, which was executed on
February 22, 2000. Ledcor's existing agreement allows
it to occupy 136 feet of the City's right of way for an
annual fee of $4.00 a linear foot. It is now requesting
permission to do an additional build of approximately
3260 feet. The amendment would increase the
compensation to the City accordingly. Its final route and
construction work would be subject to the approval of
the Department of Public Works. All other terms of the
existing agreement would remain the same.
This Office has no difficulty with amending the
agreement in this manner.
RECEIVED AND FILED
NO. 72
MAYOR REPORTED OUT OF STATE
I transmit herewith communications received by me
from the Mayor, reporting his absence from the state
from 7:00 a.m. until 9:00 p.m. on Wednesday, March 8,
2000.
RECEIVED AND FILED.
NO. 73
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me,
reporting the granting of the leaves of absence without
pay, in the various departments as listed:
Comptroller-Lauren Panaro
Thomas Degennaro
PoilceGwendolyn Williams
Fire- Eddie Williams
Human Services, Parks/Recreation-
Matthew Whelen
Justine Rakoczynski
Robert Carnevale
RECEIVED AND FILED.
NO. 74
REPORTS OF ATTENDANCE
I transmit herewith communications received by me,
from the various boards, commissions, agencies and
authorities reporting the membership attendance at their
respective meetings:
City Planning Board
RECEIVED AND FILED.
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00-0321.txt
NO. 75
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of
Council Intern.
Mrs. LoTempio moved the approval of the appointments
to the position of Council Intern.
ADOPTED.
Appointment Effective: March 3, 2000 in the
Department of Common Council to the Position of Intern
III, Seasonal Non-Competitive Flat Starting Salary of
$6.00/hr
Jennifer Giroux, 2097 Niagara St, Buffalo, 14207
Appointment Effective: March 14, 2000 in the
Department of Common Council to the Position of Intern
I Seasonal Non-Competitive at the Flat Starting Salary
of $7.00/hr
Nicole Smith, 178 Royal Avenue, Buffalo, NY 14207
NO. 76
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me,
reporting seasonal and flat salary appointments made in
various departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective: March 16, 2000 in the
Department of Public Works, Division of Engineering to
the Position Of Laborer I, Seasonal, Non-Competitive, at
the flat starting salary of $6.22 hr.
Christopher A. Howell
81 Bridgeman
Buffalo, NY 14207
Appointment Effective: March 15, 2000 in the
Department of Public Works Division Of Engineering to
the Position of Marina Dock Attendant, Seasonal, Non-
Competitive at the flat starting salary of $10/hr.
Christopher A. Nasca
12 Woodly Rd.
Buffalo, NY 14215
DEPARTMENT OF STREET SANITATION
Appointment Effective: March 8, 2000 in the Department
of Street Sanitation to the Position of Seasonal Laborer
II at the flat starting salary of $6.92/hr.
Glenn L. Bender
282 Crestwood
Buffalo, NY 14216
Richard P. Niedzwiecki
529 Howard Street
Buffalo, NY 14206
Pasquale Picogna
164 Congress St.
Buffalo, NY 14213
Alexander Porter
151 Prospect Avenue
Buffalo, NY 14201
Christian S. Simcoe
58 Ideal St.
Buffalo, NY 14206
Timothy N. Wright, Jr.
175 Shenandoah Street
Buffalo, NY 14220
Appointment Effective: March 16, 2000
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in the Department of Street Sanitation
to the Position of Seasonal Laborer II
at the flat starting salary of $6.92/hr.
Jose A. Martinez
130 Niagara St., #303
Buffalo, NY 14202
NO. 77
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary,
Provisional or Permanent) and for Appointments at the
Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL
SERVICE.
DEPARTMENT OF FIRE
Appointment effective March 13, 2000 in the
Department of Fire Division of Fire Administration to the
position of Account Clerk Typist, Temporary, at the
starting salary of $24,277.
Randi Murphy-Motley
788 Fillmore Avenue
Buffalo, NY 14212
Appoinment effective March 13, 2000 in the Department
of Fire to the position of Firefighter, Permanent, at the
minimum starting salary of $34,057.
Kevin J. Keane
228 McKinley Pkwy. - 14210
Frank Juliano
145 Potters Road - 14220
James Gatta, Jr.
73 Weyand Street - 14220
Christopher Whalen
242 Norwood - 14222
John Patterson
104 Shenandoah Road - 1,1220
Patrick LaIley
81 Densmore - 14220
Kevin Sikorski
127 Choate Avenue - 14220
Appointment Effective March 13, 2000 to the position
of Firefighter. Permanent, at the minimum starting salary
of $34,057 .
Michael Tucker
41 Hillside - 14210
Paul Simonian
58 Coburg - 14216
Matthew Whelan
14 Whithall - 14220
Kevin Melligan
23 Roanoke - 14210
Gregory Donovan
86 Good - 14220
Kevin Cielencki
116 Cunard - 14216
Edwin Torres
Theodore Leber
83 Doyle - 14207
Lawrence Robertson
115 Caryle - 14220
David Grinder
259 Woodside - 14220
Robert Carnevale
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87 Sterling Avenue - 142115
Tab Casey
72 Dundee - 14220
William Griffin
94 Rutland - 14220
Joseph Tomizzi
25 Delaney - 14216
Willie Holliday, Jr.
87 Mendola - 14211
Hugh Arthur
154 Roebling - 14215
Johnathan Eaton
213 Berkshire - 14215
Ronald Pugh
100 Blaine - 14208
Reid Saffron
72 Roehrer - 14208
Christy Marchese
191 Hodge - 14222
Shelby McKinney
63 Fay - 14211
Nancy Spector.
26 Cheltenham - 14216
Teresa Davis
72 Halbert - 14214
Napoleon Johnson
264 E. Delavan - 14208
Barry Riley
82 Fennimore - 14215
Marius Owens
448 S. Division - 14204
Javier Vazquez
96 Pooley - 14213
Scott Martinez
573 Fulton - 14210
Michael Cassidy
85 Indian Church Road - 14210
David Schmitt
465 Doat - 14211
Steven Panaro
5 Crestwood Avenue - 14216
14210
Appointment effective March 6, 2000 in the
Department of Fire, Division of Fire Communications, to
the position of Communications Electrician, Permanent,
at the starting salary of $27,505.
Eddie Williams
13 Girard Place
Buffalo, 14215
DEPARTMENT OF HUMAN SERVICES, PARKS AND
RECREATION
Appointment Effective: March 9, 2000 in the Department
of Human Services, Parks & Recreation, Division of
Youth to the Position of Attendant, Temporary at the flat
starting salary of $6.00/p.h.
Arnetta Stephens
538 Hewutt
Buffalo 14215
Robert McCartney
69 Grote
Buffalo 14207
Cathleen Lasky
91 Eaglewood
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Buffalo 14220
Louis Benton II
66 Morris
Buffalo 14214
Appointment Effective: March 7, 2000 in the
Department of Human Services, Parks & Recreation,
Division of Youth to the Position of Attendant,
Temporary, at the flat starting salary of $6.00/p/h.
Geraldine McCartney
69 Grote
Buffalo 14207
Michelle Matuszewski
168 Seymour
Buffalo 14210
Andre Sadoff
655 W. Delavan
Buffalo 14222
Samuel Turner
21 Gesl
Buffalo 14215
Madelyn Thomas
2868 Bailey
Buffalo 14215
Henry Dukes
534 Woodlawn
Buffalo 14208
Bonnie Orffeo
448 Vermont
Buffalo 14213
Annamarie Kobis
229 Geary
Buffalo 14210
DEPARTMENT OF POLICE
Appointment Effective: March 13, 2000 in the
Department of Police to the Position of: Public Safety
Dispatcher at the minimum starting salary at $25,900.
Amy N. Misztal
21 Layer Avenue
Buffalo, NY 14207
Mary M. McGuire
145 Culver Road
Buffalo, NY 142.20
DEPARTMENT OF PUBLIC WORKS
Appointment Effective March 6, 2000 in the
Department of Public Works Division of Water, to the
Position of Clerk Temporary, at the minimum starting
salary of $23,252.
Robyn Tisdale
124 Fairfield Street
Buffalo, 14214
Mary Beth Wolniewicz
147 Marine Drive, Apt. 11 B
Buffalo, 14202
Appointment Effective March 13, 2000 in the
Department of Public Works, Division of Water, to the
Position of Caulker at the minimum starting salary of
$30,059.
Michael Wolasz, Jr.
53 Huntley Road
Buffalo, 14215
Appointment Effective: March 13, 2000 in the
Department of Public Works to the Position of Caulker
at the minimum starting of $30,059.
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Frank Mangione III
221 Roesch Avenue
Buffalo, 14207
NO. 78
B. BROWNELL
SUPPORT SIGNATURE BRIDGE
Attached please find a communication from Mr. Brandon
Brownell stating his support for a Signature Bridge.
Copy of this is on file in the City Clerk’s Office.
REFERRED TO THE TASK FORCE ON THE
SUPERSPAN BRIDGE.
NO. 79
J. COLARUSSO
OPPOSE THRUWAY INCREASES IN TOLLS
Attached please find a resolution from the Town of
Orchard Park stating their support of opposing any
increases in Thruway Tolls.
Copy on file in City Clerk’s Office.
RECEIVED AND FILED.
NO. 80
A. DEBENEDETTI
ERIE CO. LEGISLATURE
SALES TAX-REQ. FOR INFO.-IMPOSITION OF
ADDITIONAL 1%
Attached is an outline pertaining to this subject which
was presented at the Common Council meeting of
3/21/00.
Copy on file in City Clerk’s Office.
REFERRED TO THE SPECIAL COMMITTEE ON
GOVERNMENT RELATIONS.
NO. 81
REQ. POLICY CHANGES-LAIDLAW BUS COMPANY
Attached you will find the letter written to Mr. William
Johnson regarding the drop off points for children. As
indicated in the letter pick up and drop off points for the
children are determined by the Buffalo Board of
Education.
REFERRED TO THE COMMITTEE ON EDUCATION.
NO. 82
CAROL A. FRANEY, TOWN CLERK, TOWN OF
EVANS
OPPOSE THRUWAY INCREASES IN TOLLS
Enclosed please find a certified resolution that
the Evans Town Board adopted at their regular meeting
held on March 1, 2000 regarding the removal of the New
York State Thruway toll barriers in Lackawanna,
Blasdell, Hamburg and Eden/Evans.
Supervisor Catalino moved and Councilman Govenettio
seconded,
WHEREAS, the Town of Evans has called for a study of
the removal of the NYS Thruway Authority toll barriers
Lackawanna, Blasdell, Hamburg and Eden/Evans, and
eventually called for the removal of all tolls from within
the commuting range of Buffalo; and
WHEREAS, this study has been agreed by the NYS
Thruway Authority and the Greater Buffalo Niagara
Regional Transportation Committee with the assistance
of NYS Senator Dale Volker, and is expected to be
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completed with in the next two months; and
WHEREAS, the recent announcement that the NYS
Thruway Authority is imposing an increase in the
amount of tolls paid by motorists on the Thruway System
is poor timing at best and unconscionable at worst,
given that all tolls were originally due to expire four
years ago;
NOW THEREFORE BE IT RESOLVED, that the Town of
Evans opposes the increase in Thruway tolls, and call
on the Governor of New York State and the NYS
Thruway Authority Chairman to rescind the toll increase,
and urges the expedited completion of study to remove
toll barriers from within the commuting range of Buffalo.
Certified copies of this resolution are to be sent to the
Chairman of the NYS Thruway Authority, Governor
Pataki, the WNY State Delegation, the Erie County
Executive and Chairman of the County Legislature, and
the Mayors and City Council Presidents of Buffalo and
Lackawanna, and the Supervisors of West Seneca,
Eden, Boston, Hamburg, Orchard Park, Grand Island
and the Mayors of the Villages of Blasdell and Hamburg.
RECEIVED AND FILED.
NO. 83
P. GALLIVAN
ERIE CO. TAKEOVER-CENTRAL BOOKING
Reference is made to the attached letter of
Councilmember-at-Large Charley H. Fisher, 111,
addressed to Erie County Executive Joel Giambra dated
February 28, 2000, a copy of which is attached,
regarding tabled items on Police Reorganization,
specifically, "Erie Co. Takeover-Central Booking."
First and foremost, the New York State Constitution, the
Erie County Charter and applicable laws clearly place
the responsibility for Erie County booking procedures
under the authority of the duly elected independent
office of Sheriff. As such, any consideration, review and
implementation of changes relating to County booking
procedures must first be presented through and have
the consent of the Office of Sheriff. Towards that end, I
respectfully request of Your Honorable Body that the
Office of Erie County Sheriff is fully informed of any
correspondence, consideration or planning regarding
this matter.
At the onset, I want to make clear that I am committed to
doing everything within the power of my office to
enhance the public safety services provided to the
citizens of Erie County. This certainly includes
participation in the evaluation of any proposal or idea
that suggests a more effective, efficient delivery of
services. The idea of exploring "Central Booking" is
certainly worthy of evaluation and consideration. I must
caution, though, that the cost of booking prisoners in the
City of Buffalo is a cost that must be borne by
somebody. While this may save the City of Buffalo
money, the mere transfer of the operation from the City
of Buffalo to the Erie County Sheriffs Office does not in
and of itself save taxpayer dollars, it shifts the cost to
the County. There may be opportunities, however, to
streamline services, yet space allocation and
appropriate staffing levels are among the items that
must first be considered. A comprehensive, objective
feasibility study is the only way to determine whether or
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not this proposal is beneficial to the citizens of Erie
County.
Please permit me the opportunity to present a brief
history of Erie County Sheriffs Office/Buffalo Police
Department cooperation regarding the Central Booking
proposal. The idea was first presented in the
mid-1980's. In the mid to late 1980's, the Erie County
Sheriffs Office and the Buffalo Police Department
formed a joint task force/ committee to study this
proposal. Due to several reasons, not of relevance at
this time, the consolidation did not happen. On January
27, 1998, Mayor Anthony Masiello and Erie County
Undersheriff Timothy B. Howard participated in a video
taping of a program entitled A Forum on Regional
Governance. Mayor Masiello commented on Central
Booking by the Sheriffs Office as a means of assisting
the City of Buffalo. On February 20, 1998 1 forwarded a
letter, copy attached, to then Buffalo Police
Commissioner Gil R. Kerlikowske asking him to contact
me if he was interested in discussing the possibility of
having the booking of Buffalo Police Department
prisoners done by the Erie County Sheriffs Office. On
March 1, 1998, Commissioner Kerlikowske indicated his
interest and advised that he would have his assistant
contact me to schedule a preliminary meeting. On March
11, 1998 1 further discussed this matter with
Commissioner Kerlikowske who reiterated that he would
provide me with the name of a staff member to serve on
the committee. On August 13, 1998, newly appointed
Commissioner Rocco J. Diina and I met at the Hyatt
Regency to discuss several matters, at which time we
also discussed the possibility of pursuing a County
take-over of Buffalo Police Department Central Booking
operations. It was agreed that Commissioner Diina
would contact me with a name of a member of his staff
that would serve on a committee to pursue this. On May
13, 1999, Commissioner Diina forwarded a letter to me,
a copy of which is also attached, regarding exploring the
possibility of consolidating arrest booking and cellblock
functions under the Erie County Sheriffs Office.
Commissioner Diina advised that he would "be calling
me in the near future to set up a meeting."
There have been no further discussions between the
Erie County Sheriffs Office and Buffalo Police
Department regarding this matter. Further, any
discussions referenced in Commissioner Diina's single
page communication to the Common Council, dated July
7, 1999, with "officials from other law enforcement
agencies" and "community leaders from the City and the
suburbs" did not include the Office of Sheriff. Further,
these discussions were informal at best and, absent the
Sheriffs office participation and a comprehensive
feasibility study, informed conclusions cannot be drawn.
In the interim, I have discussed this matter with the Erie
County Chiefs of Police. Several of the Chiefs are
interested in further discussing this matter as a means
of assisting them in their various jurisdictions. It may be
appropriate to discuss Central Booking throughout Erie
County and include all Police Departments in this
discussion. On the other hand, given the unique
circumstances surrounding the City of Buffalo Police
operations (i.e. population size, separate cell block
operations, etc.), it may b most appropriate to first
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discuss and explore potential merger between the
Buffalo Police Department operations and the Erie
County Sheriffs Office operations and thereafter, initiate
further discussion with other agencies.
Regardless of how you wish to pursue this matter, I am
fully committed and most certainly will be fully
cooperative in any joint effort to enhance the public
safety service provided to the citizens of Erie County.
I look forward to hearing from you regarding this matter.
REFERRED TO THE SPECIAL COMMITTEE ON
POLICE REORGANIZATION.
NO. 84
DALLAS-ZOLLARS BLOCK CLUB
INFO-SORRENTO CHEESE CO.
We are writing to inform you of the impact the expansion
of Sorrento Cheese Co. is having on our community. We
are not against growth. However, we all know that
growth, whether residential or commercial, has its price
as we the citizens are finding out. Recently, our
community has turned into a nightmare.
As we all know, proposed projects should be subject to
a full environmental impact study under the auspices of
the State Environmental Quality Review Act (SEQR).
This was not done. Residents were not notified of this
project. For example, a neighbor who wishes to build a
garage must notify his neighbors. Yet, Sorrento Cheese
Co. constructs a huge warehouse and parking area for
refrigerated trailers, affecting the entire community, and
we were not notified. Did the planning board determine
what effect the noise level would be on the surrounding
area? What effect the pollution would be on the air we
breathe? And what adverse effect it would have on
traffic conditions in a residential area?
Many of these questions must be addressed!
Sorrento did not notify anyone that as many as
seventy-one reffer units (refrigerated trailers) would
constantly be running adjacent to our homes. The noise
level generated from the units is unbearable. Many of us
are forced to sleep with ear plugs in. Our children awake
several times a night. We can no longer open our
windows or enjoy being outside in our yards due to the
noxious fumes and noise.
Toxic diesel fumes are settling in our yards and seeping
into our homes. The EPA states that human exposure to
diesel engine exhaust emissions is a health hazard. It is
carcinogenic and epidemiological studies state lung
cancer increases, as well as other respiratory problems,
when exposed to these fumes. The position of the EPA
on quantitive cancer risk assessment is in agreement
with recent findings by the HEI (Health Effect Institute).
Gases found in diesel emissions include carbon
monoxide, nitric oxide, nitrogen dioxide, sulfur dioxide
and many other compounds. Diesel particulate matter is
also HE by a growing number of health and safety
standards as a toxic air contaminant. We being forced to
breathe this toxic air!
Further, Sorrento is not property zoned. Currently, they
have a CM zone They need an M-1 zone. We request
advance notification before they are approved that we
may state our concerns.
Every day, tractor trailer trucks have been observed
idling for lengthy periods of time. For example, on
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February 22, 2000, an England truck #361 sat idling
from 9:45 p.m. past 11:15 p.m., over one and one-half
hours. This is just one of many instances. The DEC
regulation states that such trucks may not sit idling for
over five minutes.
During the demolition of homes on Leland Street and
throughout construction of the warehouse, the dirt and
dust have been constant nuisances inside and outside
remaining homes in the surrounding neighborhood.
Recently, at a community meeting we held,
representatives from Sorrento mentioned a plan (Plan
A) to open Dallas Road to Zollars. The reason most
families moved to Dallas Road was the fact that it was a
quiet, dead-end street, making it a safe place for our
children to play. The entire neighborhood is against
Sorrento's plan Sorrento requests the opening of Dallas
Road, we request notification prior to approval.
Many of us have lived here all of our lives, are raising
families here constantly trying to improve our properties.
Needless to say, we planned on living h the rest of our
lives. Now, because of what Sorrento Cheese has
created in our back yards, property values have
decreased. This has caused those of us who have
invested in our homes to lose out on what we worked so
hard to achieve, not to mention difficulty in our ability to
sell our properties in the future should the need arise.
Please consider this letter our formal complaint.
Enclosed is a petition signed by those of us who wish to
repeal the impact of Sorrento Cheese Co. on
neighborhood. We urge your immediate attention and
cooperation to the above concerns.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE COMMISSIONER OF COMMUNITY
DEVELOPMENT, AND THE ZONING BOARD AND
SORRENTO CHEESE
NO. 85
BUFFALO URBAN LEAGUE INC.
BROADWAY-FILLMORE WORK FORCE
DEVELOPMENT PROGRAM
This letter is the Buffalo Urban League's response to
your letter of February 24, 2000 related to:
Item #155, C.C.P. February 22, 2000
Broadway-Fillmore Work Force Development Program
The Buffalo Urban League, Inc. welcomes the
opportunity to discuss with you and the other agencies
referenced in Item 115 Broadway-Fillmore Work Force
Development Program. The Buffalo Urban League
currently houses one of its workforce preparation
programs, Principles of the Alphabet Learning System
(PALS) at the Broadway-Fillmore site at 728 Fillmore
Avenue,
The PALS program is currently funded through Erie
County Department of Social Services. It consists of the
following three (3) components:
PALS Basic Jobs Skills/Literacy
PALS PLUS - GED Program
PALS TECH - Computer Literacy & Skills Training
The Buffalo Urban League encourages the expansion of
services offered at the Broadway-Fillmore site.
Please contact me at your earliest convenience to
further discuss this matter. If you have any questions or
require additional information, please do not hesitate to
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contact me at 854-7625 ext. 215. I am looking forward to
hearing from you.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 86
G. MOONEY
COMMENTS-USE OF AUDIO MEDIA INTERFACE IN
CHAMBERS
Thank you for an immediate response to my letter. I am
sorry if you did not understand its meaning. It was not
meant to be cryptic in any way. Please accept my
apology along with some background information. I have
included correspondence to enlighten you to my
situation.
On January 18, 2000 I was recording a session of the
Legislative Committee for my Community Access
television program.
James Pitts interrupted my coverage demanding that I
required his
permission before proceeding with press coverage. He
failed to
request my credentials and referred me to corporation
counsel.
On January 19, 2000 1 received a letter from Darryl
McPherson (Asst. Corporation Counsel). To summarize
his letter:
1. I do not have a right of access to the audio
media interface,
2. Media's use of the system has always been
subject to a. Council President. b. City Clerk. c. Office of
Telecommunications.
3. Mr. McPherson falsely states that I have been
informed that my equipment has caused problems with
your sound system. No one had informed me of this
allegation until my receipt of his letter.
4. Mr. McPherson requested that I refrain from using the
media outlets until it has been determined that my
equipment will not interfere with the City's audio system.
As yet no one has been willing, or available from the
Office of Telecommunications to make that
determination.
I immediately contacted your office and Chris Bishop to
make an appointment for testing. I followed up with a
letter to Tom Tarapacki on January 24, 2000.
On January 24, 2000 I received a letter from James Pitts
declaring that I was not authorized to record any
proceedings
until he had my purposes for recording in writing. He
alleged in this letter that my equipment cause damage
on January 11, 2000, His letter was postmeter Jan. 19,
2000 with a heading date of Jan. 14, 2000.
On January 25, 2000 I receive a photocopy of Mr. Pitts
letter. Heading dated Jan. 14, 2000. No cover letter was
attached.
On January 25, 2000 Mr. Chris Bishop refused to
perform testing on my equipment or cooperate with me
in any way, He closed the hall to me asking me to leave
until 15 minutes before the meeting was underway.
Before the meeting a young man covered the
media boxwith
Cardboard and duct tape. This is the barricade to which
I
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referred letter. I asked this worker which office he was
was
from. He replied that he was from the City Clerks office.
I have asked the Mayor to look into this matter He has
responded that the Council Hall is out of his jurisdiction
To date I have received numerous correspondences
barring me from using the media portals, and no
retraction of this ban. Mr. Pitts has not indicated in
writing that I may record council related public meetings,
and that cardboard barricade is still in place.
Charles, can you please tell me why there is a
cardboard box covering the media outlets in the rear of
Council Hall?
Again, I apologize that you did not understand the
meaning of my letter of March 1, 2000. I hope I have
now shed some light on my meaning.
RECEIVED AND FILED.
NO. 87
G. MOONEY
COMMENTS-USE OF COUNCIL CHAMBERS
Thank you for your response in regard to my letter dated
March 1, 2000. Please accept my apology as I
apparently misunderstood of the role of your office. It
was, after all, Mr. Christopher Bishop who first placed
restrictions on my access.
My error was further buoyed by a correspondence that I
received from Mr. Darryl McPherson, Asst. Corporation
Counsel. Mr. McPherson stated that your office shared
responsibility for said infrastructure. (Copy of letter
enclosed.)
Again, I am sorry for any inconvenience my
correspondence has presented.
P.S. For my own reference, could you please send me
a copy of the mission statement for the Office of
Telecommunications?
Thank you in advance for your consideration.
RECEIVED AND FILED.
NO. 88
G. MOONEY
COMMENTS-REPORT OF COUNCIL MEETINGS
Attached please find a communication from G. Mooney
concerning comments about reporting Council Meetings.
RECEIVED AND FILED.
NO. 89
P. MEIDER
WATER METER PROBLEMS
In February I was contacted about having a water meter
connected to my water line. The reason is because I do
not have metered water. I explained to the person who
called that I live in an old house and do not have a
basement, but a crawl space. When the man came out
to hook me up, I was told that he would not go under the
house and that I had to make a hole in my closet floor
and extend the pipe up so he could have access to put a
meter on. This is all at my expense.
The problem is that I don't want to have metered water.
I've lived here for 23 years without it. I feel that if the city
wants me to have metered water then they should pay
for the extended pipes and the hole in my floor.
I know that my water usage may be less with the
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metered water, but if its not broke don't fix it.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF PUBLIC WORKS,
CORPORATION COUNSEL
AND AMERICAN WATER WORKS
NO. 90
H. QUARLES
WOMEN FOR UPTOWN BUFFALO
We are gravely concerned regarding the state of affairs
between our elected officials in City Hall and Phoenix
Window Mfg. Inc. Phoenix Window Mfg. Co. originally
requested financial help from the City in October of
1998. This request came after several large prime
contractors, upon their inability to pay,
withheld payment to them forcing the company to fall
upon hard times.
It has come to our attention, that our only African
American owned manufacturing facility is now in critical
financial condition. In April of 1999, The City of Buffalo
under the Department of General Services hired and
paid a consulting firm ($50,000) to audit Phoenix
Windows in order to determine whether the business
was salvageable. This consulting firm stated in their
report of August of 1999 that this business was indeed
salvageable and prime for growth as long as the city
acted expeditiously in two areas: Sales Contracts and
adequate funding.
We believe that this company is certainly entitled to
funding using Federal Block Grant Dollars. The reason
being:
1. Phoenix Window Manufacturing Co. Inc. contributed
in excess of $350,000 annually for the past ten years in
payroll and fringe benefits to citizens located in the
urban community, specifically in the Masten District.
This includes over 100 jobs to African Americans as well
as several jobs to other ethnic persuasions.
2. The Company is located in the Masten District which
according to the most recent Census Data and Federal
Empowerment zone Data, has the highest poverty level
which directly fuels the allocation of Federal Community
Block Grant Dollars to urban areas.. According to
Federal Community Block Grant regulations, these
funds can be used for workforce development for
businesses that are for profit especially if they are hiring
from the inner city and/or lower income communities, as
this would help to eradicate poverty, the original intent
of the funds.
We have enclosed some of the articles that we have
maintained, exhibiting where State, City and County
funds have been allocated to firms that have not been
located in poverty prone areas nor have they hired the
majority of their employees fi7om these areas.
Surely you can understand our concerns. Please
include this on the agenda of your next meeting, so this
company can move forward and hopefully remain in
Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, AND THE BUFFALO
ECONOMIC RENNAISANCE CORPORATION
NO. 91
CRYSTAL DAVIS-PEOPLES
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TESTIMONY OF
ERIE COUNTY LEGISLATURE MAJORITY LEADER
CRYSTAL 1). PEOPLES
BEFORE THE BUFFALO COMMON COUNCIL
MARCH 21, 2000
Mr. President, Majority Leader LoTempio and
Honorable Members of the Common Council, thank you
very much for your invitation to myself and my
colleagues to address your Honorable Body with respect
to this very important issue.
The issue of sharing the county's additional 1% of its
sales tax has been a contentious issue almost since its
inception in the mid-1980's. While my colleague
Legislator Albert DeBenedetti will go into greater detail
concerning the history of that additional levy, I would
like to focus on a proposal announced recently by
myself and eight of my colleagues that will reduce the
tax burden on nearly every segment of our population
while dedicating significant resources to
inter-governmental initiatives here in the city of Buffalo,
as well as in suburban communities.
Western New York continues to maintain the building
blocks for a quality of life that is second to none. Erie
County is blessed with a well trained workforce,
abundant natural resources and higher educational
research and instructional facilities of first class caliber.
Moreover, as small and medium sized businesses
comprise our economy's driving force, Erie County and
Western New York's focus must be upon the
development of an economic climate where new
businesses are attracted to relocate, where existing
businesses are encouraged to expand, and where our
children are offered tangible opportunities to remain in
Erie County and Western New York to live and raise
families of their own. Working in conjunction with
continued reform on all levels of government, each of
these objectives can be achieved through aggressive
tax reform in county government, as well as by
embracing a regional philosophy with respect to
cooperative inter-governmental initiatives that save
taxpayer dollars.
As you know from our collective experience in 1997, the
Erie County Legislature &', is a recognized leader in
offering incentives to local governments to work
collectively toward the establishment of programs and
projects on a cooperative basis that save taxpayer
dollars. Over the county's three most recent fiscal years,
the Legislature has enacted regionalism incentive
programs involving the county's three cities (in 1997),
suburban communities (in 1998) and in cooperation with
Niagara County (in 1999). Those were the building
blocks of the kind of regionalism programs which should
be a permanent component of county government. And
make those regional initiatives permanent we shall.
Erie County has been a partner with city government,
both in encouraging cooperative initiatives as well as
through direct grants to the city. Since the early 1990's
Erie County has directly or indirectly funded or made
available funding for new initiatives to the city of Buffalo
in excess of $13.5 million, including:
Buffalo Snow Removal (FY's 1996 to present
$1,228,232
Buffalo Convention Center (1996 to present)
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$5,188,000
City/County Crime Fighting Initiatives (2 FY's)$ 500,000
City Regionalism, including Demolition$2,700,000
Cobblestone District Redevelopment$2,000,000
Memorial Auditorium Demolition$2,000,000
TOTAL$13,616,232
Our proposal, entitled "A Blueprint for 2 1 " Century
Economic Growth and Tax Reform in Erie County,"
includes as a major component a permanent funding
stream for inter-governmental initiatives which seek to
streamline service delivery and eliminate duplicative
functions of government.
As was the case with the county's three cities in 1997
and its suburban communities in 1998, the Legislature,
in cooperation with the Executive Branch, will earmark $
10 million in excess sales tax revenue from the 1999
fiscal year toward the establishment of the "Erie County
Regional Initiative Fund," to be utilized within the
county's 2001 fiscal budget. The county will use sales
tax revenues, which in 1999 grew by an unprecedented
9% over the previous year, as a means toward
encouraging the development and implementation of
cooperative inter-governmental ventures which meet
everyone's long term objective - saving taxpayer dollars.
Much in the same manner as the Legislature's previous
efforts toward regional cooperation, the "Erie County
Regional Initiative Fund" will be funded within the
county's annual budget; on an annual basis, the county
will dedicate sales tax revenue realized by the county
over and above the adopted budget of the most recently
completed fiscal year. For example, the county realized
a net growth in sales tax of more than $13 million for
fiscal 1999. Because the Giambra administration has
spent nearly:S3 million of that surplus already, the
county will earn a total of $10 million for the first such
effort - in 2001. Similar designations of surplus sales tax
revenue from the 2000 budget will be earmarked for
2002, and so forth.
I Tying regional initiative funding to growth in sales tax
addresses the needs of local governments clamoring for
a share of the county's sales tax, while ensuring that the
county does not simply become a revenue source
without direction for local governments. By encouraging
initiatives that are regional in nature, Erie County
government provides a cooperative forum for local
governments to work together to reduce the overall cost
of government to taxpayers throughout the county.
Members need only look at our past record of working
together. That record began in the early 1990's when
the county corrected historical
Inequities with the county's three cities by allocating
funds for snow removal within the city, an allocation well
in excess of $200,000 annually which continues to this
day. That effort continued with the county's takeover of
the Buffalo Convention Center facility and with 1997 city
county demolition projects, and studies of potential
consolidation of parks and youth services. Simply
stated, the county and the city have a strong history of
working together in a cooperative fashion. This proposal
continues that record and makes it stronger still.
As Erie County's single largest municipality, the city of
Buffalo is poised to reap the most significant level of
benefit from this initiative. The most significant
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advantage that the city has at this point is time.
With the county's 2001 budget not set for
implementation until January 1. the city's leadership
must construct reasonable and effective
inter-governmental service sharing proposals for the
Legislature and the County Executive to consider. Using
a thoughtful process over the next several months and
developing a series of proposals for the county to
consider well in advance of January I will work to the
overall benefit of each governmental entity, and to the
public at large.
On behalf of the Legislature's leadership, I look forward
to continuing to build upon the strong regional
foundation we have constructed thus far. Once again, I
thank you for the opportunity to address your Honorable
Body, and my colleagues and I remain prepared to work
with the City's leadership to meet the common needs of
our constituents.
REFERRED TO THE SPECIAL COMMITTEE ON
GOVERNMENT RELATIONS
NO. 92
EMPIRESTATE DEVELOPMENT
SUPPORT RETENTION OF KEY BANK EMPLOYEES
Thank you for your letter supporting assistance
for Algonquin Studios and its effort to hire computer
programmers laid off by Key Bank Let me assure you we
are working to find a way for this to happen.
My office is working with the Private Industry Council,
the County Executive and the office of the Mayor to
develop an approach which we hope will make it
possible for Algonquin Studios to hire the programmers
laid off by Key Bank. This is an excellent opportunity to
retain talented people in Western New York, and we are
doing everything possible to see that this effort is a
success.
Thank you for your letter of support for this effort.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE BUFFALO ECONOMIC
RENNAISANCE DEVELOPMENT CORPORATION
NO. 93
CARY STREET HOMEOWNERS
ASSOCIATION
LOUD NOISE FROM UTOPIA BAR, 228
FRANKLIN ST. DISTURBING
RESIDENTS OF CARY STREET
It is the unanimous opinion of all the residents
and members of the Cary Street Homeowners
Association (CHSA) that the -Utopia- bar, 228 Franklin
street, is creating a public nuisance negatively
impacting our health and well being and that of our
children. After repeated police intervention and
summonses; phone calls to police from homeowners;
meetings with elected officials and personal discussions
with Utopia management and ownership, the noise
nuisance continues to create great disturbance in our
community in violation of our property rights.
This nuisance has had several impacts upon our
residents including sleep deprivation; a reduction in
property values; and, noise induced stress. The current
situation, where noise levels increase dramatically after
11:00 p.m. is intolerable.
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We respectfully request that the NYS State Liquor
Authority revoke the liquor license of 228 Franklin
Street, Inc. the licensee of the Utopia bar. We have
been advised that the "owners” of this corporation are
Mr. Vincent Giamo and Mary C. Giamo whose
addresses are listed as 152 Fayette Avenue,
Tonawanda, New York. The phone number where we
have complained personally to Ms. Mary Giamo is
913-3818.
Additionally, we request, that in reference to the
Utopia,s repeated violation of the Noise ordinance of the
City of Buffalo, Chapter 293 of the Buffalo City Code,
that the SLA investigate and take immediate action to
have all noise emanating from Utopia cease until this
matter can be permanently resolved.
We would be pleased to meet with you as soon as
possible to facinitate the correction of this most
disturbing situation. Names, addresses and signatures
of all residents, who as stated previously, are in
unanimous agreement on this issue, are attached for
your records.
I can be reached at 845-5038 or by e-mail at
robertson.laird@worldnet.att.net. The residents and
CHSA thank you in advance for your immediate
attention to this important matter.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE CORPORATION COUNSEL, THE
COMMISSIONER OF POLICE, THE NEW YORK
STATE LIQUOR AUTHORITY AND THE DIRECTOR
OF ADMINISTRATIVE ADJUDICATION
NO. 94
REQ INCREASE IN METER RATES GAS
SURCHARGES FOR TAXICABS
Proposal to Finance Committee:
My name is Vincent Joseph Rosati also known as JR or
Joe. I am a Taxi Cab Owner/Operator. I am here today
to represent fellow Taxi owners, drivers and myself.
We are requesting the Finance Committee to agree on a
proposal that we are submitting along with signed
petitions for an increase on meter rates and surcharge
for gasoline. We are asking for an Emergency
Surcharge of $.50 per fare effective immediately to
offset the skyrocketing fuel prices.
See attached page for a comparison of increases in
Gasoline prices and increases in Insurance from 1995
through 2000. (1995 was the last time Taxi
Owners/Drivers received a rate increase.)
This comparison is the reason we have submitted the
proposal before you today.
I have a brief statement: An average cob driver that
works for a company only makes 50% of what they take
in. Out of their 50% they pay their own gas and 3-5
dollars a day for insurance. They work on average of 12
hours a day, 6-7 days a week, bringing home only 3-4
hundred dollars. Which averages out to less than
minimum wage. With rising costs this will be even less.
Owner/Operators make 80% and pay all gas, repairs
and FULL insurance.
Independents depend on Hotels and Shopping Centers
and are not dispatched at all. They depend on fares to
come to them. They pay the same gas, repairs and full
insurance.
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Also, the Hotels complained to City Hall last year that
there were not enough cabs to service their guests. This
is due to the fact that several companies and many
independents had closed because of rising insurance
costs. Twice as many will follow this year due to the
outrageous gas prices on top of increasing insurance.
The people of Buffalo also complained about not having
enough cabs available to service their needs.
We understand that the people of the Buffalo area are
caught in the middle, but something has to give. We
have to feed our families too.
We are also trying to resolve this issue before our
Meters are due f or inspection (which is in April) so that
we do not have to pay to have them inspected twice.
The Buffalo News article, which is in your packet, tells
about the emergency surcharge that was awarded to
Boston Cabs due to the rising fuel costs.
I have been trying to work with the people in the Buffalo
area on an effort to bring the gas prices down. I have
been on the Television News and in the Buffalo News
for the gasoline and insurance increases. Also, the
Television News in effort to promote a Boycott I received
through the Internet to not purchase gasoline on April
7-9, 2000. Hoping this will put a pinch in the Oil
Company's pocket and reduce prices or at least raise
awareness.
We’re not just trying to help ourselves, but our fellow
citizens of Western New York.
We thank you for your time and consideration in our
much needed effort.
Please vote yes for our requests.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 95
PROPOSED ORDINANCE CHANGE REGARDING
ADVERTISING ON CITY BUILDINGS
Working for Downtown hopes that more public
discussion is held before any ordinance change occurs.
The issue before you could over time have a significant
impact on the cityscape. We think that the public should
have more opportunities to share their views with you
and other Common Council members.
Thank you for your efforts to support a prosperous and
beautiful city. We look forward to hearing from you.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 96
INFO UPDATES VARIOUS MATTERS POLICE
REORG MTGS
Per our conversation today please arrange with
Charles L. Michaux, 111 to schedule the following at the
next Police Oversight and Reorganization Meetings
3/29/2,000.
1. Update Surveillance Camera Operation's at
International Marketplace based upon report by Dan
Connors, Public Works in que to Commissioner Diina.
2. Update by Shakoor Aljuwani, Executive Director of
United Neighborhoods who has offered to sponsor our
next Community Police Training 4/15/2,000.
I am awaiting confirmation of a series of emails and calls
to Buffalo Police Department via Michele Graves and
have been in touch with Skater Aljuwani.
The above is for informational purposes only and will
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00-0321.txt
allow the Common Council to direct any questions to
members of our Community Police Committee and to
Chief of Operations, Harold Litwin who developed the
protocol with The International Marketplace.
When we completed our Strategic Plans this past year
we felt it was important to make the Grant and Ferry
Corridor safe and secure for our business's and
residents before any development could take place.
Both the Surveillance Camera's and The Community
Police Programs accomplished this,
Should you have any questions please feel free to
contact our office.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION
NO. 97
BLUE PRINT FOR 21ST CENTURY ECONOMIC
GROWTH & TAX REFORM IN ERIE COUNTY
Please find enclosed a copy of "A Blueprint for
2l't Century Economic Growth and Tax Reform in Eric
County," as presented by members of the Erie County
Legislature.
As you know, the Erie County Legislature has made
historic changes in the structure of taxation in Erie
County. The two most recent fiscal years have seen the
Legislature reduce property taxes by 20%. Working
together, we can improve further still upon that record of
achievement.
However, other taxes need to be addressed in
addition to the property tax. Our proposal is a
three-pronged initiative that seeks to enhance and
improve our region's economy while offering, in a "carrot
and stick approach," opportunities for regional and
inter-governmental cooperation with Erie County's cities,
towns, villages and school districts.
You will note that our proposals are funded completely
through growth in the county's sales tax. As you know,
the county experienced unprecedented sales tax growth
in 1999 -- $18 million over 1998. Utilizing these funds
toward the elimination of the county's Real Estate
Transfer Tax and sales tax on clothing purchases is an
effective way to return those funds to county taxpayers,
and stimulate the economy at the same time.
Moreover, creation of the "Erie County Regional
Incentive Fund" will effectively continue the strides
made by the Legislature that had their genesis in the
county's takeover of the Buffalo Convention Center in
1995. Initiatives put forward in 1997 in the county's
three cities, in 1998 with the suburban communities and
in 1999 in partnership with Niagara County form the
foundation of this proposal's future success.
Rest assured that the Giambra administration,
as was the case with the fortune administration, will be
partners with the Legislature in decision making
processes which will determine the merit of proposals
made by local governments and school districts for such
regional funding. In short, the Legislature will continue
to put its money where its mouth is with respect to
regional initiatives and inter-governmental cooperation.
As the Legislature's leadership, we look forward
to working with you and your colleagues toward the
implementation of this action agenda. By working
together, we will continue to offer tangible tax relief to
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local residents and businesses that will stimulate our
economy, create new jobs and make Erie County a
competitive place to live work and raise a family.
REFERRED TO THE SPECIAL COMMITTEE ON
GOVERNMENT RELATIONS
PETITIONS
NO. 98
H. HITZEL, USE 428 NIAGARA FOR A HUMAN
SERVICES FACILITY (HRG. 3/28)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT AND CORPORATION
COUNSEL.
NO. 99
H. HITZEL, USE 430 NIAGARA FOR A HUMAN
SERVICES FACILITY
(HRG. 3/28)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT AND CORPORATION
COUNSEL.
NO. 100
R. OLEARY, USE 2200 SENECA STREET FOR A
HUMAN SERVICES FACILITY (HRG. 3/28)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT AND CORPORATION
COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
(BARBARA A. MILLER-WILLIAMS, CHAIRPERSON)
NO. 101
APPOINTMENT
SYSTEMS COORD. (MAX) (POLICE)
(ITEM NO. 42-C.C.P. FEB. 8, 2000)
That Communication 42, Feb. 8, 2000 be
received and filed and the provisional appointment of
David Alba stated above at the maximum salary of
$33,956 effective on January 4, 2000 is hereby
approved.
PASSED
AYES -13 NOES - 0
NO. 102
APPOINTMENT
POLICE HISPECTOR (MAX) (POLICE)
(ITEM NO. 20-C.C.P. FEB. 22,2000)
That Communication 20, Feb. 22, 2000 be
received and filed and the permanent appointment of
Harold Litwin, Jr. stated above at the flat salary of
$71,307 effective on February 7, 2000 is hereby
approved.
PASSED
AYES-13, NOES-0
NO. 103
APPOINTMENTS
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POLICE CAPTAIN (MAX) (PERM) (POLICE)
(ITEM NO. 39-CCP. MAR. 7, 2000)
That Communication 39, Mar. 7, 2000 be
received and filed and the permanent appointments of
Michael S. Legglo and Henry E. Baranski stated above
at the flat salary of $64,801 effective on February 18,
2000 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 104
APPOINTMENTS
POLICE CAPTAIN (MAX) (PERM. CONT.) (POLICE)
(ITEM NO. 40-C.C.P. MAR. 7, 2000)
That Communication 40, Mar. 7, 2000 be
received and filed and the contingent permanent
appointments of Mark Makowski, Patrick W. Reichmuth,
Patrick G. Mann, Jr., Arturo Salas and Phillip Serafini
stated above at the flat salary of $64,801 effective on
February 18, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 105
APPOINTMENTS
DETECTIVE (MAX) (PERM) (POLICE)
(ITEM NO. 41 -C.C.P. MAR, 7, 2000)
That Communication 41, Mar. 7, 2000 be
received and filed and the permanent appointments of
Noreen E. Walsh, Christopher R. Dates, Robmi A.
Bridges, Karyn Carney and Joyce M. Solomon stated
above at the flat salary of $50,635 effective on February
18, 2000 Is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 106
APPOINTMENTS
DETECTIVE (MAX) (PERM. CONT.) (POLICE)
(ITEM NO. 42-C.C.P. MAR, 7,2000)
That Communication 42, Mar. 7, 2000 be
received and filed and the contingent permanent
appointments of Rose E. Hunter, Darlene C. Coplin and
Thomas I O'Brien stated above at the flat salary of
$50,635 effective on February 18, 2000 is hereby
approved.
PASSED
AYES -13 NOES - 0
NO. 107
APPOINTMENT
POLICE INSPECTOR (MAX) (POLICE)
(ITEM NO. 43-C.C.P. MAR. 7,2000)
That Communication 43, Mar. 7, 2000 be
received and filed and the contingent permanent
appointment of David J. Andrews stated above at the flat
salary of $71,307 effective on February 18, 2000 is
hereby approved.
PASSED
AYES -13 NOES - 0
NO. 108
APPOINTMENTS
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POLICE LIEUTENANT (PERM) (MAX) (POLICE)
(ITEM NO. 44-C.C.P. MAR. 7,2000)
That Communication 44, Mar. 7, 2000 be
received and filed and the permanent appointments of
Guy T. Zagara, Timothy S. Downs and Joseph K.
Pierchala stated above at the flat salary of $56,560
effective on February 18, 2000 is hereby approved.
PASSED
AYES-13, NOES-0
NO. 109
APPOINTMENTS
POLICE LIEUTENANT (PERM. CONT.) (POLLICE.)
(ITEM NO. 45-C.C.P. MAR. 7, 2000)
That Communication 45, Mar. 7, 2000 be
received and filed and the contingent permanent
appointments of John D. Rieman, Amy 1. Marracino,
Susan J. Ososki, Thomas J. Leather barrow and
Richard Bonarek stated above at the flat salary of
$56,560 effective on February 18, 2000 is hereby
approved.
PASSED
AYES -13 NOES - 0
NO. 110
APPOINTMENT
COMM. ELECTRICIAN (INTER) (FIRE)
(ITEM NO. 46-C.C.P. MAR. 7,2000)
That Communication 46, Mar. 7, 2000 be
received and filed and the permanent appointment of
Ronald LoTemplo stated above at the flat salary of
$31,485 effective on February 21, 2000 is hereby
approved.
PASSED
AYES-13, NOES-0
NO. 111
APPOINTMENT
FIRE ALARM DISPATCHER (MAX) (FIRE)
(ITEM NO. 47-C.C.P. MAR. 7, 2000)
That Communication 47, Mar. 7, 2000 be
received and filed and the permanent promotion of
James Piepszny stated above at the flat salary of
$54,863 effective on February 21, 2000 is hereby
approved.
PASSED
AYES -13 NOES - 0
NO. 112
APPOINTMENTS
FIRE LT. (PERM. CONT.) (MAX) (FIRE)
(ITEM NO. 48-C.C.P. MAR. 7, 2000)
That Communication 48, Mar. 7, 2000 be
received and filed and the permanent contingent
promotions of Gregory Rapp and George McKenna
stated above at the flat salary of $53,314 effective on
February 21, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 113
APPOINTMENTS
FIRE LT. (PENN.) (MAX) (FIRE)
(ITEM NO. 49-C.C.P. MAR. 7,2000)
Page 59
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That Communication 49, Mar. 7, 2000 be
received and filed and the permanent promotions of
Joseph Victor and Daniel Flaherty, Jr. stated above at
the flat salary of $53,314 effective on February 21, 2000
is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 114
APPOINTMENT
SR. PLANNER (INTER) (CD)
(ITEM NO. 59-C.C.P. MAR. 7, 2000)
That Communication 5 9, Mar, 7, 2000 be
received and filed and the provisional appointment of
Thomas A. Chwalinski stated above at the intermediate
(Step 3) salary of $37,778 effective on February 14,
2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 115
APPOINTMENT
TELLER (INTER) (A&F)
(ITEM NO. 66-C.C.P. MAR. 7, 2000)
That Communication 66, Mar. 7, 2000 be
received and filed and the permanent appointment of
Jeanette Ruperti stated above at the intermediate (Step
4) salary of $27,970 effective on February 8, 2000 is
hereby approved.
PASSED
AYES -13 NOES - 0
NO. 116
APPOINTMENT
PROGRAM COORDINATOR (INTER) (HSPR)
(ITEM NO. 68-C.C P. MAR. 7, 2000)
That Communication 68, Mar. 7, 2000 be received and
filed and the non-competitive appointment of Jeffrey
Libeler stated above at the intermediate salary of
$30,259 effective on March 6, 2000 is hereby approved.
PASSED
AYES -13 NOES - 0
NO. 117
SALARY ORDINANCE AMENDMENT
02 - CITY CLERK
1020 CITY CLERK ADMINISTRATIVE SERVICQS
(ITEM NO. 179, C.C.P., FEB. 22 2000)
That the Salary Ordinance Amendment as
contained in Item No. 179, C.C.P., February 22, 2000,
be and the same hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 118
SALARY ORDINANCE AMENDMENT
44 - DEPARTMENT OF HUMAN SERVICES, PARKS &
RECREATION
1307 - SUBSTANCE ABUSE/YDA-DACC
(ITEM NO. 20 1, C. C. P ., MAR. 7. 2000)
That the Salary Ordinance Amendment as
contained in Item No. 201, C.C.P., March 7, 2000, be
and the same hereby is approved.
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PASSED
AYES -13 NOES - 0
FINANCE
(BYRON W. BROWN, CHAIRMAN)
NO. 119
ABANDONMENT AND SALE OF 564
NIAGARA STREET - FORMER PRECINCT #10
(ITEM NO. 10, C.C.P., NOV. 30, 1999)
That the Comptroller be, and he hereby is
authorized to negotiate the abandonment and sale of
564 Niagara Street, Former Precinct #10 to James
Management Company, Inc., Mr. James F. Anderson as
Developer for Promesa Inc. and report the results of
negotiations for final approval.
PASSED
AYES -13 NOES - 0
NO. 120
REPORT OF BIDS - DISTRIBUTION SYSTEM
IMPROVEMENTS
BUFFALO INNER HARBOR PROJECT
(ITEM NO. 24, C. C. P., MAR. 7, 2000)
That the Commissioner of Public Works be, and
he hereby is authorized to award a contract for the
Distribution Systern Improvements - Buffalo Inner
Harbor Project -Hanover Street, to Triple R
Development of WNY, Inc., the lowest responsible
bidder, in the amount of $112,090.00 for a total
encumbrance of $124,199.00.
Mr. Brown moved that the above item be recommitted to
the Committee on Finance.
ADOPTED
NO. 121
REPORT OF BIDS - DISTRIBUTION SYSTEM
IMPROVEMENTS, LEROY, MONTICELLO
(ITEM NO. 25, C.C.P., MAR. 7, 2000)
Mr. Brown moved that the above item be
recommitted to the Committee on Finance.
ADOPTED
NO. 122
REPORT OF BIDS - DISTRIBUTION SYSTEM
IMPROVEMENTS
SWAN, SOUTH PARK, CARROLL & GORHAM
(ITEM NO. 26, C.C.P., MAR. 7, 2000)
Mr. Brown moved that the above item be
recommitted to the Committee on Finance.
ADOPTED
NO. 123
D, GALLIVAN-HOLY CROSS CHURCH-REQ.
WAIVER-PERMIT FEE (PW)
(CCP#16-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 124
HOLY CROSS CHURCH-REQ. WAIVER-PERMIT FEES
(CD)
Page 61
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(CCP#32-FEB. 22, 00)
That the above item is and the same hereby is
received and filed.
ADOPTED
NO. 125
HABITAT FOR HUMANITY - RETURN 99 AND 100
GREY STREET
(ITEM NO. 54, C.C.P., MAR. 7, 2000)
That the Commissioner of Community
Development be, and he hereby is authorized to accept
the transfer of 98 and 100 Grey Street from Habitat for
Humanity. That the Corporation Counsel be authorized
to prepare or accept the necessary documents for the
transfer of title.
PASSED
AYES -13 NOES - 0
NO. 126
BROADWAY MARKET FINANCIAL ISSUES (COMPT)
(CCP#12-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 127
BROADWAY MARKET FIN. ISSUES (A&F)
(CCP#60-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 128
GENESEE/URBAN DEV. ZONE - PERM. TO
EXECUTE/ENTER INTO EASEMENT AGREEMENT
(ITEM NO. 42, C.C.P., JAN. 25, 2000)
(ITEM NO. 85, C.C.P., FEB. 22, 2000)
That the Commissioner of Community
Development be, and he hereby is authorized to enter
into an easement agreement with Peter Certo
Corporation fbr a 15' x 214.5' parcel or 3,217 sq. ft.
along the Louisen Street side of 1014 Northampton.
That the Corporation Counsel be, and he hereby is
authorized to prepare the necessary documents to enter
into said easement and that the Mayor be authorized to
execute the same.
PASSED
AYES -13 NOES - 0
NO. 129
GENESEE/URBAN DEV. ZONE - PERM. TO ACQUIRE
PROPERTY ALONG LOUISEN STREET
(ITEM NO. 43, C.C.P., JAN. 25, 2000)
(ITEM NO. 86, C.C.P., FEB. 22, 2000)
That the Comptroller be, and he hereby is
authorized to acquire the triangular shape parcel (1,478
sq. ft.) at the corner of Louisiana and Genesee Streets,
from Alyce L. Anderson of 1352 Genes Street. That the
Corporation Counsel be, and he hereby is authorized to
prepare the necessary documents to convey said
property and that the Mayor be authorized to execute
the same.
PASSED
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AYES -13 NOES - 0
NO. 130
GENESSEELURBAN DEV, ZONE (CD) (#49,2/8)
(CCP#133-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 131
ABATEMENT OF $16,000 LADIES LEAGUE
BASEBALL
(ITEM NO. 5, C.C.P., MAR. 7, 2000)
That the Comptroller is, and he hereby is
authorized to abate the accounts receivable invoice in
the amount of $16,000 to the Ladies League Baseball.
PASSED
AYES -13 NOES - 0
NO. 132
DELAWARE PARK-CONCESSION STAND (COMPT)
(CCP# I 7-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 133
BIDS - CAZENOVIA PARK GOLF CONCESSION
ITEM NO. 67, C.C.P., MAR. 7, 2000)
That the Commissioner of Human Services,
Parks and Recreation be, and he hereby is authorized
to award a golf concession contract for the Cazenovia
Golf Course, to Shaun Bienik, 2260 William Street, the
highest responsible bidder in the amount of $8,198.
PASSED
AYES -13 NOES - 0
NO. 134
569 & 573 FOREST - PROPOSED OFF-STREET
PARKING
(ITEM NO. 33, C.C.P., MAR. 7, 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. 135
DRUG ASSET FORFEITURE CHECKS RECEIVED
(ITEM NO. 36, C.C.P., MAR. 7, 2000)
Mr. Brown moved that the above item be
recommitted to the Committee on Finance.
ADOPTED
NO. 136
DOWNTOWN SPECIAL DISTRICT - VENDING SITE
MAP 2000-2001
(ITEM NO. 53, C.C.P., MAR. 7, 2000)
That the map attached to the above communication
describing the proposed vending sites for the Downtown
Special District year 2000-2001 from Buffalo Place Inc.
be and hereby is approved.
PASSED
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AYES -13 NOES - 0
NO. 137
MARTIN LUTHER KINO JR. PARK - PERMISSION TO
HIRE CONSULTANT
(ITEM NO. 57, C.C.P., MAR. 7, 2000)
That the above item be, and the sarne 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. 138
MAILING OF PROPERTY TAXES DUES NOTICE
(A&F)(CCP#63-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 139
RECOVERING THE COST OF CLEANING CENTRAL
PARK PLAZA
(ITEM NO. 104, C.C.P., JAN. 11, 2000)
(ITEM NO. 120, C.C.P., MAR. 7, 2000)
Mr. Brown moved that the above item be
recommitted to the committee on Finance.
ADOPTED
NO. 140
REPORT OF AUCTION - 2002 FILLMORE
(ITERN NO. 62, C.C.P., JULY 13, 1999)
(ITEM NO. 129, C.C.P., MAR. 7, 2000)
Mr. Brown moved that the above item be
recommitted to the Committee on Finance.
ADOPTED
NO. 141
RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET
(ITEM NO. 57, C.C,P., DEC, 28, 1999)
(ITEM NO. 13 0, C. C. P., MAR. 7, 2000)
Mr. Brown moved that the above item be
recommitted to the Committee on Finance.
ADOPTED
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 142
ROBERT M. HARPER, PETITION TO USE 206 SCOTT
STREET - BILLBOARD SIGN
(ITEM NO. 97, C. C. P., MAR. 7, 2000)
That after the public hearing before the
Committee on Legislation on March 14, 2000, the
petition of Robert M. Harper, agent, for permission to
use 206 Scott Street for a billboard sign be, and hereby
is approved.
PASSED
AYES -13 NOES - 0
NO. 143
VINCENT COPPOLA, PETITION TO USE 291 BRYANT
STREET - SIT-IN RESTAURANT
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(ITEM NO. 98, C. C.P., MAR. 7, 2000)
That the above item be, and the same hereby is,
returned to the Common Council without
recommendation,
Mr. Coppola moved:
That after the public hearing before the Committee on
Legislation on March 14, 2000, the petition of Vincent
Coppola, owner, for permission to use 291 Bryant Street
for a sit-in restaurant be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 144
LAURA LAWTON, PETITION TO USE 204 SOUTH
ELMWOOD - HUMAN SERVICES FACILITY
(ITEM NO. 99, C.C.P., MAR. 7, 2000)
That after the public hearing before the
Committee on Legislation on March 14, 2000, the
petition of Laura Lawton, agent, for permission to use
204 South Elmwood for a hurnan services facility be,
and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 145
14 WILLOW PLACE - PROPERTY COMPENSATION
(ITERN NO. 29, C.C.P., NOV. 3, 1999)
(ITEM NO. 137, C.C.P., DEC. 28, 1999)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation.
Mr. Coppola Moved:
That the Comptroller be, and he hereby is
authorized to pay Most Worshipful Mount Carmel Grand
Lodge of Ancient York Site, Inc. in the amount of $300,
as just compensation for the acquisition of 14 Willow
Place.
On the condition that this sum represents the
City”s final offer for the property and any other
conditions deemed necessary by the corporation
counsel
PASSED
AYES -13 NOES - 0
NO. 146
DESIGNATION OF NOMINEE - BOARD OF
TRUSTEES OF THE
BUFFALO & ERIE COUNTY LIBRARY
(ITEM NO. 1, C.C.P., MAR. 7, 2000)
That the designation of nominee for an
appointment to the Board of Trustees of the Buffalo and
Erie County Library of Maureen Danally, SSI, 151
Summit Avenue for a term expiring December 3 1, 2000,
be and hereby is approved, and
That tile nominations of Kenneth A. Olena and David F.
Granville remain tabled in the Committee on Legislation.
PASSED
AYES -13 NOES - 0
NO. 147
CONCERNS WITH FILING BLUE CROSS/BLUE
SHIELD PRESCRIPTIONS
(CCP#245-FEB. 8, 00)
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That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 148
C. KIBLER, RITE AID-INFO-COMMITMENT TO CITY
OF BUFFALO
(CCP# 86 –MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 149
V. ROSENHOCH,-BFLO. COMM. HEALTH-INFO. ON
INSURANCE COVERAGE
(CCP#92-MAR. 7, 00)
That the above item be and the same hereby is
received and filed,
ADOPTED
NO. 150
APPOINTMENT MEMBER TO THE BUFFALO BOARD
OF ETHICS
(ITEM NO. 4, C.C. P., MAR. 7, 2000)
That the appointment of Lourdes T. Iglesias,
residing at 14 Auchinvole Street, as a member of the
Buffalo Board of Ethics for a term expiring September 4,
2003 be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 151
ORDINANCE AMENDMENT - CHAPTER 479 -
VEHICLES AND TRAFFIC
(ITEM NO. 171, C.C.P., MAR. 7, 2000)
That the Ordinance Amendment as contained in
Item No. 171, C.C.P., March 7, 2000, be and the same
hereby is approved.
PASSED
AYES -13 NOES – 0
NO. 152
NOTIF SERIALS #9178-9 (PW)
(CCP#22-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 153
USED CAR DEALER - 797 SENECA STREET (ITEM
NO. 28, C.C.P., JAN. 11, 2000)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation.
Mr. Copolla 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 Lloyd Hogan d/b/a The Good Door Store,
located at 797 Seneca Street.
PASSED
AYES -13 NOES - 0
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NO. 154
USED CAR DEALER - 1671 GENESEE STREET
(ITEM NO. 52, C.C.P., FEB. 8, 2000)
Mr. Coppola moved that the above item be
recommitted to the Committee on Legislation.
ADOPTED.
NO. 155
ILLEGAL PKG. AT DESIGN. HANDICAPPED
SPACES/CITY PARKING METERS
(CCP#239-FEB. 8, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 156
ILLEGAL PKG. AT DESIGN. HANDICAPPED SPCS
FOR PEOPLE W/DIS/PKG. METERS (HSPR)
(CCP#45-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 157
ILLEGAL PKG. AT DESIGN. HANDICAPPED
SPES/CITY PKG. METERS (POL)
(CCP#37-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 158
LIQUOR LICENSES (CC)
(CCP#52-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 159
C. HARTMAYER, NFTA-METRO'S GREENBACK
PLAN
(CCP 459-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 160
C. HARTMAYER, NFTA-METRO'S GREENBACK
PLAN (A&F)
(CCP#6 I -MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 161
RULES PERTAININOR TO USE OF THE TIM NATURE
PRESERVE
(ITERN NO. 194, C.C.P., MAR. 7, 2000)
That the Corporation Counsel review the rules as
listed in the above communication for the Tiffl Nature
Preserve and report back to this Council as to whether
they comply with the rules and regulations mandated in
the City Charter.
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ADOPTED
NO. 162
REZONE 46 GRAPE STREET
(ITEM NO. 202, C.C.P., MAR. 7, 2000)
That this Common Council supports the process for
granting a variance to 46 Grape Street and that the
matter be referred to the City Planning Board for their
review and approval.
ADOPTED
NO. 163
RESTAURANT DANCING CLASS 11 - 1683 MAIN
STREET
(ITEM NO. 59, C.C.P., DEC. 14, 1999)
(ITEM NO. 152, C.C.P., MAR. 7, 2000)
That the above item be, and the sarne 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. 164
REQ. PUBLIC HRG.-US HUD OP. IN COB (EXC. FFN,
3 RESOLVES)
(CCP#183-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 165
CITY PROPERTY AND ENVIRON. PROBLEMS (EXC.
FIN. RESOLVE)
(CCP#137-NOV. 16,99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 166
CITY PROPERTY AND ENVIRON. PROBLEMS
(MAYOR-EXEC.)
(CCP#2-NOV. 30,99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 167
CITY PROPERTY AND ENVIRON. PROBLEMS
(BERC)
(CCP#66-NOV. 30, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 168
CITY PROPERTY/ENV. PROBLEMS (CD)
(CCP#50-DEC. 14, 99)
That the above item be and the same hereby is
received and filed.
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ADOPTED
NO. 169
E.J. NOWICKI, SEQR REVIEW, SO. BFLO. REDEV.
PLAN-COB, ERIE CO.
(CCP#64-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 170
CDBG REHAB LOAN PROGRAM (CD)
(CCP#22-JAN. 11, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 171
D. ANDERSON-MASTEN ADV. COUNCIL
INC.-CONCERNS-LEAD ABATEMENT PROG. (CD)
(CCP#29-FEB. 22, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 172
M. SABIR-GILLETTE - INTL. LEAGUE OF MUSLIM
WOMEN - ACQUIRE 166 BOX STREET
(ITEM NO. 95, C.C.P., MAR. 7, 2000)
That the Commissioner of Community Development
be, and he hereby is authorized to negotiate with
Margaret Sabir-Gillette of the International League of
Muslim Women, Inc., Buffalo, NY Chapter, P.O. Box
1461 for the homestead of 166 Box Street and report the
results of negotiations for final approval.
PASSED
AYES -13 NOES - 0
EDUCATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 173
NORTHWEST ACADEMY & PROPOSED EARLY
CHILDHOOD CENTER
(CCP# 185 -APR. 6, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 174
NORTHWEST ACADEMY AS A COMMUNITY
SCHOOL
(CCP#186-APR. 6,99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 175
NORTHWEST ACADEMY AS A EARLY CHILDHOOD
CTR./COMM. SCH. (BD. ED.)
(CCP#48-MAY 4, 99)
That the above item be and the same hereby is
received and filed.
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ADOPTED
NO. 176
OLMSTEAD-H.H. RICHARDSON ADV. BD.
(CCP#64-NOV. 16, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 177
JOINT SCHOOLS CONST. BD.
(CCP#244-FEB. 8, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 178
EST. JOINT NI/VIRBE UTIL. POL.-BFLO. PUBLIC
SCHOOLS & CITY (#224, 9/25)
(CCP#125-JAN. 25, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 179
M/WBE POLICY- SCHOOLS/CITY (BD. ED.) (#62,
10/1)
(CCP#128-JAN. 25, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 180
N. GEROVAC-PUBLIC HRG.-NABISCO, INC.
(CCP#48-JAN. 11, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 181
N. GEROVAC-PUBLIC HRG.-TELESPECTRUM
WORLDWIDE INC.
(CCP#49-JAN. 11, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 182
1999-2000 ARTS/CULTURAL FUNDS-ADV. COMM.
FND. REQ. (BFLO. ARTS C.)
(CCP#2-APR. 20, 99)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 183
NEW FLOOD INSURANCE MAPS FEDERAL
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EMERGENCY
MANAGEMENT AGENCY FEE - FLOOD ZONE V
(ITEM NO. 231, C.C.P., JAN. 25, 2000)
(ITERN NO. 114, C.C.P., FEB. 8, 2000)
That the Commissioner of Public Works be, and he
hereby is authorized to waive any fee for a Flood Zone
Certification Letter required by the New Flood Zone
Maps.
PASSED
AYES -13 NOES - 0
NO. 184
FEMA-FLOOD ZONE CERT. LETTERS (PW)
(CCP#30-MAR. 7, 00)
That the above item be and the same hereby is
received and filed.
ADOPTED
RESOLUTIONS
NO. 185
By: Mr. Bonifacio
LODGING HOUSE ORDINANCE
Whereas: The City of Buffalo has a Lodging
House Ordinance contained in Chapter 269 of the City
Code; and
Whereas: Pursuant to 269-9 of the City Code,
the Supervisor of Licenses can revoke a Lodging House
License for cause after a hearing, however under this
provision the only causes for revocation of a lodging
house license pertain to Building Code and Health Code
violations; and
Whereas: Many Lodging Houses generate 911
calls for criminal and nuisance activity; and
Whereas: Members of the community have
voiced their concerns regarding criminal and nuisance
activity at many Lodging Houses in the City of Buffalo;
and
Whereas: The City has enacted the Nuisance
Abatement Law pursuant to Chapter 294 of the City
Code, which does require property owners to prevent
nuisance activity from occurring at their property or be
subjected to civil litigation by the City of Buffalo; and
Whereas: The City of Buffalo currently enforces
and applies the New York State Bawdy House Law
pursuant to Section 715 of the Real Property, Actions
and Proceedings Law, which requires property owners
to prevent criminal activity, including narcotic activity,
from occurring at their property or be subjected to
litigation by the City of Buffalo; and
Whereas: The City of Buffalo needs to amend
the current Lodging House Ordinance to include
violations under Chapter 294 of the City Code and
Section 715 of the Real Property Actions and
Proceedings Law as grounds for suspension or
revocation of a Lodging House License; and
Now, Therefore Be It Resolved:
That the Corporation Counsel review the current
Lodging House Ordinance and make a determination as
to the ability of the City of Buffalo to amend this Law to
include nuisance and criminal violations as grounds for
suspension or revocation of a Lodging House License.
REFERRED TO THE COMMITTEE ON LEGISLATION,
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THE CORPORATION COUNSEL, CITY PLANNING
BOARD AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT.
NO. 186
By: Mr. Bonifacio
VACANT LOTS IN THE CITY OF BUFFALO
Whereas: There are many vacant lots owned
the City of Buffalo; and
Whereas: Many of the vacant lots offer no real
development opportunities for the City of Buffalo; and
Whereas: Although the City of Buffalo has sold
several vacant lots to nearby property owners through
the Urban Homestead Program, there are still many
vacant lots currently in the City's possession; and
Now, Therefore Be It Resolved:
That the Department of Community
Development provide the Common Council with a list of
City-owned vacant lots where the City does not have a
future development interest in; and
Be It Further Resolved:
That the Department of Community
Development provide the Common Council with the
procedures for home owners to purchase adjacent
vacant lots; and
Be it Further Resolved:
That the Department of Community
Development meet with each member of the Council to
determine the appropriate use of the vacant lots in their
respective Districts; and
Be It Finally Resolved:
That the Department of Community
Development work with the Common Council and the
community to develop a Strategic Plan for the future use
of the vacant lots in the City.
REFERRED TO THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, THE COMMISSIONER
OF COMMUNITY DEVELOPMENT AND THE
CORPORATION COUNSEL
NO. 187
By: Mr. Brown
lncreased Appropriation
Reserve for Capital Appropriations
Division of Treasury
That, Pursuant to Section 41 of the Charter and
the Certificate of the Mayor and the Comptroller
submitted to the Common Council, the appropriation in
the budget for the current fiscal year for Appropriation
Allotments - Division of Treasury - Exempt Items be and
the same hereby is increased in the sum of $4,005.
That, the comptroller be and hereby is
authorized and directed to transfer the sum of $4,005
from 10700096-397200 - Reserve for Capital Budget to
meet this increased appropriation as set forth below:
To:
1000 General Fund
11559007-474100 Division of Treasury – Equipment
(3 Personal Computers) $4,005
PASSED.
AYES-13. NOES-0.
NO. 188
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By: Mr. Brown And All Councilmembers
EXPAND EDZ PROGRAM FOR BUFFALO, THE
STATE'S SECOND LARGEST CITY
Whereas: The New York State Economic Development
Zone (EDZ) program, which was created in 1987,
encourages business development in designated areas
by offering targeted incentives and benefits to new and
expanding businesses; and
Whereas: Companies that move to or expand in EDZ's
are eligible for wage and investment tax credits, sales
tax refunds, financing assistance, and utility discounts',
and
Whereas: EDZ's also provide benefits relative to
building market rate housing; and
Whereas: Existing EDZ's are limited to two square
miles and Buffalo has shifted and reshifted its EDZ
boundaries to maximize its EDZ space in support of
local businesses; and
Whereas: There are 52 EDZ's across New York State,
including 9 in New York City; and
Whereas: Buffalo, the State's second largest city, with
a "job engine" that is ranked 14 1h out Of the State's 15
metropolitan areas, has only one Economic
Development Zone - the same capacity as the
municipalities of Fulton (population 12,929), and
Friendship (1,423); and
Whereas: Buffalo's industrial and commercial
companies are spread out widely over a 40 square mile
area, and the effect of Buffalo's 2 square mile EDZ is far
more diluted here than most of New York's EDZ's, which
are in far smaller communities; and
Whereas: In October, this Council passed a resolution
requesting New York State to add to Buffalo's EDZ and,
to date, no response has been filed to this resolution;
and
Whereas: NYS Assembly Speaker Sheldon Silver has
presented an exciting nine-point recovery plan that
wisely includes the expansion of EDZ's into "Empire
Zones" for Buffalo, Niagara Falls, Lackawanna, and
Jamestown; and
Whereas: It is now more critical than ever that
Buffalo's EDZ capacity be expanded as several exciting
projects are being proposed, planned and implemented
in the City that will be outside Buffalo's EDZ; and
Whereas: There is some speculation that the Buffalo
area economy is finally turning the corner and expanded
EDZ capacity may provide the immediate boost that is
needed to put the recovery in full gear;
Now, Therefore, Be it Resolved That:
This Common Council requests Governor Pataki, the
New York State Legislature and the Empire State
Development Corporation to recognize Buffalo's
importance as the second largest city in New York State
and to cooperate in designating more EDZ space within
the City of Buffalo, either by expanding Buffalo's 2
square mile limit to 4 square miles, or designating a
second 2 mile EDZ for the City of Buffalo; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of
this resolution to Governor Pataki, to Hon. Sheldon
Silver, Speaker of the Assembly, to Hon. Joseph Bruno,
Senate Majority Leader, to the members of the Western
New York State Legislature delegation, and to Charles
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00-0321.txt
A. Gargano, Chairman of the Empire State Development
Corporation.
PASSED.
AYES-13. NOES-0.
NO. 189
By: Mr. Brown
INCREASED APPROPRIATION
DUNN TIRE PARK
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted
to the Common Council, the appropriation in the budget
for the current fiscal year for Appropriation Allotments -
Dunn Tire Park be and the same hereby is increased in
the sum of $17,200.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $17,200 from Enterprise
Fund - Dunn Tire Park 50000000-273-000 - Retained
Earnings Reserve for Replacements to meet this
increased appropriation as set forth below:
From:
Enterprise Fund - Dunn Tire Park
50000000-273-000 - Reserve for Replacements
$17,200
To:
50004807-473020 Enterprise Fund - Dunn Tire Park
Capital Outlay Structural Improvements
$17,200
PASSED.
AYES-13. NOES-0.
NO. 190
By: Mr. Brown
Increased Appropriation
Reserve for Capital Appropriations
Enterprise Fund - Refuse & Recycling
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted
to the Common Council, the appropriation in the budget
for the current fiscal year for Appropriation Allotments -
Enterprise Fund - Refuse & Recycling - Exempt Items be
and the same hereby is increased in the sum of
$25,000.
That, the comptroller be and hereby is authorized and
directed to transfer the sum of $25,000 from
10700096-397200 - Reserve for Capital Budget to meet
this increased appropriation as set forth below:
To:
Enterprise Fund
52002607 - Collection of Refuse & Recycling, Capital
Outlay
474100 - Equipment (Grapple for Excavator)
$25,000
PASSED.
AYES-13. NOES-0.
NO. 191
By: Mr. Brown
INCREASED APPROPRIATION
FUND BALANCE
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted
to the Common Council, the appropriations in the
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00-0321.txt
budget for the current fiscal year for - BMHA, Tax
Adjustment and Data Processing, be and the same
hereby are increased in the sums of $650,000,
$300,000 and $64,553.25 respectively.
FROM:
That the comptroller be and hereby is authorized and
directed to transfer the sum of $ from the Unreserved
Fund Balance 107000960-0397000 to meet this
increased appropriations as set forth below:
10700096 - 397000 - General Fund - Unreserved Fund
Balances
To:
17210006-435002 BMHA $650,000
17221008-480101 Tax Adjustment $300,000
10471006-443400 Data Processing - Maintenance Contracts
$ 64,553.25
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMPTROLLER AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
NO. 192
By: Mr. Brown
INCREASED APPROPRIATION
FUND BALANCE
LAW DEPARTMENT
That, Pursuant to Section 41 of the Charter and the
Certificate of the Mayor and the Comptroller submitted
to the Common Council, the appropriation in the budget
for the current fiscal year for Appropriation Allotments -
Law Department - Legal Services, Miscellaneous &
Claims, be and the same hereby is increased in the sum
of
$1,455,000.
FROM:
That the comptroller be and hereby is authorized and
directed to transfer the sum of $1,455,000 from the
Unreserved Fund Balance 107000960-0397000 to meet
this increased appropriation as set forth below:
10700096 - 397000 - General Fund - Unreserved Fund
Balance
$1,455,000
TO:
General Fund
10546006 - Law Department
432003 - Legal Services $ 55,000
480000 – Miscellaneous $ 200,000
480205 – Claims $1,200,000
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE
COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 193
By: Mr. Brown
ORDINANCE AMENDMENT
CHAPTER 454 - TOW TRUCKS
The Common Council of the City of Buffalo does
hereby ordain as follows:
That Chapter 454 of the Code of the City of Buffalo be
amended to read as follows:
ARTICLE I GENERAL TOWING
§ 454-1. Intent and Definitions.
A. It is the intent of the City of Buffalo, through the
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enactment of this ordinance, to regulate instances of
towing in the City of Buffalo in order to promote safety
and responsibility within the Streets and highways of the
City of Buffalo. The public interest is served by the
licensing of towing companies and vehicles in order to
properly identify tow trucks and to protect the citizens
of the City from abuse and mistreatment.
B. As used in this [chapter] article , the following terms
shall have the meanings indicated:
PERSON - Includes any individual, partnership, firm,
corporation, association, company or organization of
any kind.
TOWING - The carrying, lifting or moving of a single
motor vehicle by another motor vehicle.
TOW TRUCK OWNER - Includes anyone owning and
operating or causing to be operated a tow truck for
compensation within the City of Buffalo.
§ 454-2. License required.
A. It shall be unlawful after the effective date of this
chapter for any person to conduct the business for
compensation of owning and operating or causing to be
operated a tow truck within the City of Buffalo without
first having obtained a license in the manner hereinafter
set forth.
B. Any person violating the provisions of this section
may be liable for penalties as prescribed in Chapter
137, Article 1, of this Code.
C. It shall be unlawful after the effective date of this
chapter for any person to operate a tow truck for
compensation within the City of Buffalo without first
having obtained a license in the manner hereinafter set
forth.
§ 454-3. Application for license.
Applications for licenses required by this chapter shall
be made upon forms provided by the Director of
[Housing and Inspections] Inspections, Licenses and
Permits of the City of Buffalo, shall be signed and
verified under oath by the applicant if an individual and
by a duly authorized agent if a partnership or
corporation or similar organization and shall set forth the
following:
A. If a person, the name and address of the applicant.
B. If a partnership, the name, residence and business
address of each partner.
C. If a corporation, the name, date and state under
whose laws such corporation was organized, and if a
foreign corporation, whether authorized to do business
in the State of New York, and in either event, the names
of the principal officers, directors or other authorized
agents, their residences and business addresses.
D. If an organization of any other kind, the authorized
agents for said organization and their residences and
business addresses.
§ 454-4. Issuance of license.
The Director of [Housing and Inspections] Inspections,
Licenses and Permits shall forward such application for
a license, along with other pertinent information, to the
Department of [Public Works] Police of the City of
Buffalo; and after an investigation and favorable report
by said Department, the Director of [Housing and
Inspections] Inspections, Licenses and Permits, upon
payment of the proper fee and provided, further, that he
is reasonably satisfied that the applicant is a
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responsible individual or organization, that the
individuals concerned are of good character and that the
statements set forth in the application are true and that
all laws and ordinances pertaining thereto have been
complied with, shall issue a license to the tow truck
owner or applicant.
§ 454-5. Display and transferability of license.
A. Upon the issuance of such license, the holder thereof
shall be allowed to operate a tow truck for compensation
within the City of Buffalo, provided that he
conspicuously displays in clear and legible letters of at
least two (2) inches in height on both doors of the tow
truck the owner's name, business location and
telephone number and the number of his license or
otherwise identifies himself as a holder of a valid license
from the City of Buffalo; and provided, further, that such
license number or other identification of the license
holder is displayed conspicuously in clear and legible
letters of at least four (4) inches in height on both doors
of the tow truck.
B. No license issued under this chapter shall be
transferable or assigned or used by any other person
other than the one to whom it is issued.
C. Any person violating the provisions of this Section
may be liable for penalties as prescribed in Chapter
137, Article I, of this Code.
§ 454-6. License fees; expiration.
The biennial license fee for doing business as the owner
or operator of a tow truck within the City of Buffalo shall
be the sum as provided in Chapter 175, Fees, and such
license shall expire on the second April I following the
date of issuance.
§ 454-7. Renewal of license.
An application for renewal of a license shall be filed and
the fee therefor paid on or before the 15th day of March
biennially.
§ 454-8. Revocation of license.
The Director of [Housing and Inspections] Inspections,
Licenses and Permits may revoke a license issued
under this chapter upon a hearing, after a reasonable
written notice of the time and place of such hearing, for
cause and particularly if he finds that the licensee has
made any materially false or incorrect statements in the
application or if he finds that the licensee has failed to
comply with any of the provisions of this chapter or any
other statute, regulation or ordinance relating to the
operation and/or ownership of tow trucks.
§ 454-9. Responsibilities of licensee.
Anyone holding a valid license for the ownership and/or
operation of a tow truck under this chapter, when
responding to a call for his services, shall cooperate
fully with all lawfully constituted authorities and shall
immediately remove any vehicles that may be a traffic
hazard and shall immediately remove or cause to be
removed any debris or dislodged parts of motor vehicles
which may have been deposited on any of the streets of
this city because of the incident for which his services
were required.
ARTICLE 11 AUTHORIZED CITY TOW TRUCKS
§454-10. Purpose and applicability.
A. It is the purpose and intent of this ch4pter to establish
an orderly system for the safe and expeditious removal
of disabled motor vehicles from the streets of the City of
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Buffalo, to supervise and control the operation of towing
businesses that are granted permission to tow for the
Police Department or the Division of Parking
Enforcement, and to remove and dispose of vehicles
abandoned on streets located in the City of Buffalo.
B. The provisions of this chapter shall not prohibit the
driver or owner of a vehicle which needs towing service
from contracting with any towing company of his or her
own choice, provided that:
(1)The vehicle is not being towed by police order
pursuant to an arrest or a violation of law or statute or
for police investigation: and
(2)The towing service contracted with has the
ability to, and actually does, respond within a
reasonable period of time, as determined by the police
officer in charge at the scene, taking into consideration
traffic conditions and the safety and well-being of those
affected by the situation.
C. Services provided by an authorized City tower not
specifically covered by this chapter shall not be
regulated by the City of Buffalo and will be based solely
on the contract which exists
between the towing company and the driver/owner of
the vehicle.
454-11. Definitions.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE - A vehicle as defined in §
1224 of the Vehicle and Traffic Law of the State of New
York.
ACCIDENT - Any incident or occurrence in which one
(1) or more motor vehicles come in contact with each
other or any other object, thereby causing damage to or
disabling a motor vehicle.
AUTHORIZED INVOICE - An invoice approval by the
Division of Inspections, Licenses and Permits which
contains:
A. The name, address and telephone number of an
authorized City tower.
B. The logo of a nationally recognized credit or debit
card.
C. A list of current towing charges of the authorized City
tower.
AUTHORIZED CITY TOWER - A towing company which
has been approved by the Police Department, the
Division of Parking Enforcement and the Division of
Inspections, Licenses and Pen-nits to tow vehicles on
behalf of the City of Buffalo.
AUTHORIZED TOW TRUCK - A specially equipped
vehicle designed for the towing o pushing of disabled
vehicles and which is:
A. At least one (1) ton commercially built wrecker body.
B. Equipped as set forth in §454-18 of this chapter.
C. Registered as a tow truck with the New York State
Department of Motor Vehicles.
CITY - City of Buffalo.
Registered as a tow truck with the New York State
Department of Motor
DIVISION OF INSPECTIONS, LICENSES AND
PERMITS - The Director of the Division of Inspections,
Licenses and Permits of the City of Buffalo or any other
member of Division designated by the Director of the
Division of Inspections, Licenses and Permits to perform
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duties under this chapter.
DIVISION OF PARKING ENFORCEMENT - The
Director of the Division of Parking Enforcement of the
City of Buffalo or any other member of Division
designated by the Director of the Division of Parking
Enforcement to perform duties under this chapter-
DRIVER - A person who operates or drives or is in
actual physical control of an authorized tow truck upon
the highways located in the City of Buffalo and whose
driver's license possesses an "S" endorsement.
HEAVY TOW TRUCK - An authorized tow truck having
a winch and which is capable of lifting a minimum Gross
Vehicle Weight Rating (GVNVR) of ten thousand
(10,000) pounds.
LETTER OF AUTHORIZATION - A document signed by
the Director of Inspections, Licenses and Permits
authorizing a towing company to provide service for the
City of Buffalo Police Department and which:
A. Is annually renewable.
B. Specifies all the terms an authorized City tower must
abide by.
C. May be rescinded by either Party upon giving the
other party twenty-four (24) hours' prior written notice.
D. May be suspended by the City without prior written
notice pending a hearing to determine whether there is
sufficient cause to revoke such letter.
POLICE DEPARTMENT - The Commissioner of Police
of the City of Buffalo or any other member of Police
Department designated by the Commissioner of Police
of the City of Buffalo to perform duties under this
chapter.
TOWING - The carrying, lifting or moving of a motor
vehicle by another motor vehicle.
454-12. Circumstances for removal of vehicles.
The Police Department or the Division of Parking
Enforcement may direct the removal of vehicles in the
following circumstances:
A. When any vehicle is parked or abandoned on any
highway within the City during snowstorm, flood, fire or
other public emergency which affects that portion of the
public highway Mon which said vehicle is parked or
abandoned.
B. When any vehicle is found unattended on any
highway within the City where said vehicle constitutes
an obstruction to traffic,
C. When any vehicle is parked or abandoned on any
highway within the City where stopping, standing or
parking is prohibited.
D. When any vehicle is disabled and rendered
inoperable as a result of any collision or accident upon a
public highway or right-of-way.
E. When any vehicle is parked on private property
without the consent of the owner of such property.
F. When the driver of such vehicle has been arrested
and taken into custody and the vehicle must be removed
from the public highway or from private property other
than the driver's, or when the vehicle must be removed
to ensure the safety of the vehicle and its contents.
454-13. Authorization to tow required.
No towing company shall be allowed to tow vehicles on
behalf of the City of Buffalo unless and until it has been
approved by the Division of Inspections, Licenses and
Permits and the Police Department as an authorized
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City tower in accordance with this chapter. The Division
of Parking Enforcement may also contract with towing
companies as needed to further the duties of the
Division.
§454-14. Duties of Division of Inspections, Licenses and
Permits.
The Division of Inspections, Licenses and Pen-nits is
hereby authorized to:
A. Receive and review any and all applications filed with
the City by towing companies for permission to be
designated as authorized City towers.
B. Solicit the approval of the Police Department which
towing companies should be designated as authorized
City towers.
C. Determine the number of authorized City towers.
D. Determine, in cooperation with the Division of
Parking Enforcement the policy an procedure for all
items pertaining to the towing of vehicles on behalf of
the City of Buffalo which are not addressed in other
sections of this chapter.
§454-15. Application for letter of authorization.
A. An application for a letter of authorization shall be
made upon forms made available b the Division of
Inspections, Licenses and Permits. Such application
shall include the following information:
(1) The name, address and telephone number of the
business.
(2) The name of the owner of the business, his address
and telephone number.
(3) The name, address and telephone number of the
contact person at the business.
(4) The location and size of the storage area, along with
the location and size of any alternate or additional
storage areas.
(5) The hours the storage area is supervised.
(6) The height and type of construction of fence
surrounding the storage area.
(7) A description of the trucks and the owners' names
(including year, make, model, vehicle identification
number and New York State registration number).
(8) The number and types of trucks available for towing.
trucks.
(9) The number, names, addresses and dates of birth of
drivers available for tow
(10) The flatbeds available
(11) The dollies available.
(12) A certificate of insurance for
liability/property/personal injury damage showing
thereon limits of insurance, as prescribed by the
Corporation Counsel.
(13) Visa Card and MasterCard contracts (copies).
(14) References.
(15) A resume of business/towing experience and
training.
(16) Permission for the Buffalo Police Department to
conduct a fingerprint " criminal history record
investigation of the owner(s) and driver(s). Waivers will
be signed by each owner and driver. Such fingerprints
will be forwarded to the Division of Criminal Justice
Services (DCJS) along with the appropriate processing
fee. All processing fees are to be paid by the applicant
and the only authorized method of payment will be a
United States Postal or American Express money order
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made out to the Division of Criminal Justice Services.
Authorization will not be granted to an owner or driver
convicted of any felony, any offense relating to the theft
or dismantling of motor vehicles, insurance fraud or sex
offenses, or any series of convictions for traffic offenses
that would indicate a pattern of disregard for vehicle
safety.
(17) Permission shall be granted by the applicant for an
unannounced on-site inspection of the applicant's
premises by the Police Department.
B. Term of letter of authorization.
(1) If a towing company is designated as an authorized
City tower, such firm will be issued a letter of
authorization, which will expire one (1) year from the
date of issuance. Reissuance of such letter of
authorization will be based on the past performance of
said towing company and on continued compliance with
all the provisions of this chapter.
(2) The letter of authorization represents an agreement
to provide towing service to the City of Buffalo for one
(1) year. The Division of Inspections, Licenses and
Permits may renew this letter annually without requiring
a new application, or may decline to renew the letter of
authorization at the Director's discretion based on
complaints about the towing company, noncompliance
with this chapter or the desire to reduce the number of
authorized City towers.
(3) Nothing in this ch4pter shall prohibit a towing
company from reapplying for designation as an
authorized City tower.
C. In the event any of the information required by the
application should change, the applicant must notify the
Division of Inspections, Licenses and Permits and
advise them of such change. It is the responsibility of
the towing company to keep all information on file up to
date.
~454-16. Annual license and registration fee.
A. To qualify as an authorized City tower, each towing
company shall remit a biennial license fee of fifty-two
dollars and fifty cents ($52.50) to the City.
B. Prior to approval or reissuance of a letter of
authorization, an authorized City tower shall remit a
biennial registration fee of one thousand dollars
($1,000.00) to the City.
C. The letter of authorization shall not be transferable
and the registration fee shall not be prorated.
D. The registration fee shall be due upon issuance or
reissuance of the letter of authorization and shall expire
on the second April I following the date of issuance.
~454-17. Minimum requirements for designation as
authorized City tower.
A. A towing company must meet the following minimum
requirements before it will be considered as an
authorized City tower:
(1) The applicant's towing company, tow trucks and
drivers must be equipped and licensed in accordance
with this chapter.
(2) All of the requirements of this ch4pter must be
successfully met, an approved application must be
received and all information and data contained therein
must be verified b the Division of Inspections, Licenses
and Permits.
(3) The proper and necessary insurance certificates
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must be obtained and submitted to the Division of
Inspections, Licenses and Permits.
(4) The applicant must own or lease a facility that
complies with the provision of §454-19 of this chapter.
(5) The facility and property must be at a location that is
zoned properly for such type of business and must
comply with all laws of the City, the County of Erie and
the State of New York.
B. An authorized City tower must also meet the following
requirements:
(1) The City tower must provide rapid service, which
means the tower must respond within thirty (30) minutes.
(2) The City tower must have a storage lot as specified
in §454-19 of this chapter.
(3) There must be a building or other acceptable office
facility on the storage site.
(4) The office shall be staffed, at the minimum, at the
following times: Mondays through Fridays from 9:00
a.m. to 5:00 p.m., and either Saturdays or Sund4ys from
9:00 a.m. to 12:00 p.m. The telephone number(s) for
twenty-four (24) hour retrieval must be posted in a
conspicuous place on the storage site.
(5) The City tower must have a business card printed,
containing the address phone numbers and fee
schedule of the authorized City tower.
(6) The City tower must maintain at least two (2) tow
trucks.
(7) Vehicles shall be subject to periodic inspection by
the Police Department and/or the Division of
Inspections, Licenses and Permits.
(8) Rates charged shall not exceed the rates set forth in
§454-24 of this chapter.
(9) The City tower shall be authorized to take vehicles
only to a pre-designated area, unless authorized
emergency storage is ordered by the Police Department
or the Division of Parking Enforcement.
(10) The towed vehicle must be towed only by the
assigned authorized City tower. No surrogates are
allowed unless ~specifically authorized by the Police
Department or the Division of Parking Enforcement.
C. An authorized City tower shall as a condition to being
designated as an authorized City tower, agree to accept
and abide by all of the terms of this chapter.
§454-18. Required minimum equipment.
Authorized tow trucks shall have the following minimum
equipment on board at all times:
A. Amber lights, as defined in §375, Subdivision 41(3) of
the Vehicle and Traffic Law of the State of New York.
B. A carbon dioxide or dry powder fire extinguisher with
a minimum capacity of ten (10) pounds.
C. One (1) dozen red railroad-type flares (thirty (30)
minutes).
D. A safety chain.
E. A shovel.
F. A broom.
G. A commercially manufactured rigid tow bar with
slings or a commercially manufactured wheel lift.
H. A commercially made lifting boom.
1. A four-ton power winch equipped with one hundred
(100) feet of three-eighths-inch steel
cable.
J. Fifty (50) feet of additional cable or chain.
K. A dolly with wheels.
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L. One (1) pair of chains eight (8) feet in length with J
hooks and T hooks attached.
M. A tow block (may use a four-foot piece of a wooded
four-by-four, if no wheel lift is available).
N. Scotch blocks.
O. A trailer for motorcycles, all-terrain vehicles,
snowmobiles (a flatbed would satisfy this requirement).
P. Trucks must be clearly marked with the name,
address and telephone number of the towing company
in at least two-inch letters on both doors of the truck.
Q. Work lights directed to the rear of the vehicle to
illuminate the area behind the tow truck.
R. If the City requires two-way radio communication,
authorized City towers will equip all their trucks at their
own expense with designated radio equipment as
specified by the Police Department.
§454-19. Storage of towed vehicles.
A. Any vehicle removed by an authorized City tower
shall be stored in a lot enclosed by chain link or
stockade fence at least six (6) feet in height. This fence
must be maintained in good repair with no breaks or
open areas. Vehicles may be stored in an enclosed
building in lieu of a fenced lot.
B. Exterior lighting of the vehicle storage area shall be
required and shall be directed towards the vehicle
storage area in a manner that is sufficient to light the
entire area to allow all of the vehicles to be clearly seen
during the hours of darkness. The lighting must not
reflect or glare into adjoining residences or businesses.
Lighting must be operational during the hours of
darkness and must be kept in good working condition.
C. The minimum storage capacity on the actual site of
the business must be no less than ten (10) vehicles. The
authorized City tower must have alternate temporary
storage available to him for additional ten (10) vehicles:
such temporary storage must be approved by the
Division of Inspections, Licenses and Permits and must
be in a fenced and secure area.
D. Any actual or suspected tampering with towed
vehicles or any theft must be reported to the Police
Department within twenty-four (24) hours of the incident.
E. The City will assume ownership of all abandoned
vehicles pursuant to 1224 of the Vehicle and Traffic Law
of the State of New York.
F. Upon obtaining ownership of abandoned vehicles
said vehicles will be disposed of in accordance with
1224 of the Vehicle and Traffic Law of the State of New
York. The tower may be directed to deliver such
abandoned vehicles to a designated site. The tower will
then be paid for such towing by City voucher. No
storage charges will be paid by the City for abandoned
vehicles.
G. The maximum fees to be paid by the City for any
abandoned vehicle impounded and disposed of by the
City shall be fifty dollars ($50).
H. In no case will the amount paid to the tower exceed
the salvage fee or any other payment the City has
received.
1. Towers must establish contact in a timely manner with
the registered owner of a vehicle and inform them where
the vehicle is being stored in the event the owner or a
responsible party is
not present at the scene of the tow. Information on
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storage rates should also be conveyed at that time.
§454-20. Removal of towed vehicles; records.
A. The authorized City tower shall, without delay, report
to the Police Department the removal and disposition of
any vehicle removed as provided in this chapter.
B. Towers shall keep accurate and orderly records of all
vehicles towed, in a manner prescribed by the Police
Department.
§454-21. Release of vehicles.
The Police Department will establish procedures and
shall disseminate standardized forms to be used for
releasing all impounded vehicles.
~454-22. Conversion of vehicles to City use.
Any vehicle towed pursuant to this chapter or otherwise
caused to be towed by the City which shall become an
abandoned vehicle ma be converted to City use
pursuant to 1224, Subdivision 6 of the Vehicle and
Traffic Law of the State of New York.
§454-23. Tow zones.
A. The Police Department is hereby empowered to
establish tow zones within sixty (60) days from the
effective date of this chapter. These zones should be
designed to ensure the best
towing coverage, dispatch efficiency, response time and
convenience for drivers claiming their vehicles. Once
these zones are established, only that tower assigned to
that zone will be allowed to tow vehicles within that
zone. Authorized City towers will be dispatched from a
list
designated for that zone on a rotational basis. The
Police Department may amend the zones as required by
circumstances.
B. During any highway emergency, such as snowstorms,
floods, etc., the Police Department may suspend the
boundary lines of these zones for the purpose of more
efficient vehicle removal. The Police Department may
not suspend these boundary lines for more than ten (10)
consecutive days without authorization from the
Common Council.
C. The Police department shall retain the discretion to
determine whether a tower is qualified to perform any
particular tow at the scene of such tow.
~454-24. Rate schedule.
Authorized City towers shall not charge more than the
following rates for the followin%4 respective services:
A. Passenger vehicles and light trucks;
(1) Standard two (vehicles up to ten thousand pounds)
$55.00
(2) Flat bed $70.00
(3) Additional fees for labor, recovery and towing
(a) Truck and driver hourly rate
$60.00
(b) Dolly wheels
$15.00
(c) Trailer for motorcycle, ATV/C, snowmobile
$15.00
(d) Wincing (per one-fourth '/4hour)
$15.00
(4) Storage (per day)
$10.00
(5) Releasing after 5:00 p.m. weekdays or other than
required
business hours on Saturday, Sunday and holidays
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$15.00
B. Heavy trucks, buses, tractor trailers and machinery;
(1) Hook Lip and tow vehicle over ten thousand (10,000)
pounds
$100.00
(2) Additional labor fees for heavy vehicle recovery and
towing.
(a) Air hookup
$15.00
(b) Mechanically released brakes (per axle)
$15.00
(c) Drop trailer from tractor
$20.00
(d) Remove axle (per axle)
$20.00
(e) Remove drive shaft
$25.00
(f) Remove bumper $25.00
(3) Trailer towed behind vehicle $50.00
(4) Winching $100.00
(5) Additional labor (hourly per person) $40.00
(6) Flatbed (per hour) $100.00
(7) Storage (per twenty-four hour day)
(a) Tractor $15.00
(b) Trailer $15.00
(c) Bus $15.00
(d) Truck over twenty (20) feet long $15.00
§454-25. Inspections.
A. Storage area and tow trucks. Upon receipt of a
properly completed application, the Division of
Inspections, Licenses and Permits shall direct the
application to be reviewed and an on site
inspection of the storage area and tow truck(s) to be
conducted by the Division, the Police
Department and the Fire Department to determine if the
requirements as set forth in this chapter are met. Within
a reasonable time after completion of the review and
inspection, the Police
Department and the Fire Department shall either
recommend approval or denial of the application to the
Director of Inspections, Licenses and Permits.
B. Periodic inspections. The Police Department will
make quarterly on-site inspections of each tower's
operating base and storage area. During this inspection,
all required records, forms,
tow trucks, storage areas, lighting, security, tow truck
equipment, etc., is subject to inspection.
The result of this inspection will be made part of the
towing company's permanent file.
C. Compliance. Towers will have fifteen (15) days to
bring any deficiency noted during inspection into
compliance with the provisions of this chapter. Failure to
do so will be grounds for cancellation of the letter of
authorization.
s454-26. Monthly audit.
An authorized City tower shall provide copies of any
receipts to the Division of Inspections, Licenses and
Permits on a monthly basis. This will be accomplished
by providing the Division with copies of these receipts
no later than the fourth day of every month. These
receipts shall reflect all towing work done for the Police
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Department and/or the Division of Parking Enforcement
during the previous month.
§ 454-27. Revocation of letter of authorization.
An authorized City tower may be removed from service
by Police Department and/or the Division of Parking
Enforcement via the process of rescinding the letter of
authorization prior to the annual expiration date for
violating the provisions of the letter of authorization, this
chapter or for making materially false statements on the
application for a letter of authorization.
§ 454-28. Appeal and hearing.
In the event that the Police Department and/or the
Division of Parking Enforcement refuses to recommend
renewal or revokes or suspends a letter of authorization,
the authorized City tower shall have the right to appeal
such refusal, revocation or suspension to the Division of
Inspections, Licenses and Permits, in accordance with
the following provisions:
A. Refusal, revocation or suspension of a letter of
authorization shall be determined by the Division of
Inspections, Licenses and Permits after a hearing held
pursuant to the notification
procedure listed in Subsections B through D of this
section.
B. Whenever it shall be provided herein that a hearing
shall be held, such hearing shall be held on a date and
at a place and hour designated by the Division of
Inspections, Licenses and Permits.
C. The Division of Inspections, Licenses and Permits
shall give notice of any hearing to be held hereunder,
stating the name and business address of the
authorized City tower concerned,
the subject matter of the hearing and the date, place
and hour designated therefor, by mailing a copy of such
notice to the tower concerned at the business address
shown upon the most recent
application of such tower at least ten (10) days prior to
the date of such hearing.
D. At any hearing held for the refusal, revocation,
suspension or removal of a tower from a list, such tower
shall be entitled to be represented by legal counsel and
to present testimony or other evidence in his own behalf,
as may be relevant to the subject matter of the hearing,
§ 454-29. Effective dates.
This chapter shall become effective on the first day of
July 2000.
S 454-30. Severability.
Should any section or provision of this chapter be
decided by any court to be unconstitutional or invalid,
such decision shall not affect the validity of this chapter
as a whole or any part hereof other than the part so
decided to be unconstitutional or invalid.
It is hereby certified, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter under-
lined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 194
By: Mr. Brown
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TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
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 $100,000 be and the
same is hereby transferred from the Division of Budget
and Management - Planning for Capital Projects account
and said sum is hereby reappropriated as set forth
below:
From:
Org.-Object 30000106-445100
Division of Budget and Management
Planning for Capital Projects $100,000
To:
Org. - 30336006
Capital Project Fund
Division of Engineering
City Wide Traffic Calming Project (design phase)
$100,000
PASSED.
AYES-13. NOES-0.
NO. 195
By: Mr. Brown
TRANSFER OF FUNDS
DIVISION OF BUDGET AND MANAGEMENT
DIVISION OF ENGINEERING
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 $250,000 be and the
same is hereby transferred from the Division of Budget
and Management - Planning for Capital Projects account
and said sum is hereby reappropriated as
set forth below:
From:
Org,-Object 30000106-445100
Division of Budget and Management
Planning for Capital Projects $250,000
To:
Org.-30040006
Capital Project Fund
Division of Engineering
Niagara Street Reconstruction
(design phase continuation) $250,000
PASSED.
AYES-13. NOES-0.
NO. 196
By: Mr. Brown and Ms. Gray
GRANT EAST LAUREL STREET BLOCK CLUB
PERMISSION TO BEAUTIFY THE CITY-OWNED
VACANT LOT AT 209 EAST UTICA STREET
Whereas:Buffalo Public School #8 (Follow
Through Magnet) is located on the corner of Masten
Avenue and East Utica Street; and
Whereas:There is a City-owned, vacant lot
adjacent to the school at 209 East Utica Street; and
Whereas:The East Laurel Street Block Club has
requested the use of 209 East Utica Street for the
purposes of a beautification project; and
Whereas:This project will be a learning and
educational opportunity for the students of Follow
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Through Magnet, including some of the children and
grandchildren of block club members; and
Whereas:As it is important that the City make
every effort to work with community groups who seek to
improve their neighborhood, Councilmembers Gray and
Brown will be allocating Community Development Block
Grant funding to provide assistance with the
beautification;
Now, Therefore, Be It Resolved:
That the East Laurel Street Block Club be given the
permission of the City of Buffalo to conduct a
beautification project using the City-owned, vacant lot
located at 209 East Utica Street; and
Be It Further Resolved:
That a copy of this resolution be sent to the Division of
In-Rem Properties.
ADOPTED
NO. 197
By: Mr. Coppola
DISCHARGE THE LEGISLATION COMMITTEE - ITEM
177 - CCP - FEBRUARY 22, 2000 - "SET HRG.
SHARING OF ADDL. (1%) SALES TAX
(EXC. FINAL THREE RESOLVES)"
Whereas: Item 177- CCP - February 22, 2000 - "Set
Hrg.-Sharing of Addl. (1%) Sales Tax (Exc. Final Three
Resolves)" is presently before the Committee on
Legislation; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the
Committee on Legislation from further consideration of
Item 177 - CCP - February 22, 2000 - "Set Hrg.-Sharing
of Addl. (1%) Sales Tax (Exc. Final Three Resolves)",
and said item is now before the Council.
ADOPT DISCHARGE AND HEARING REMAINING TO
THE SPECIAL COMMITTEE ON GOVERNMENT
RELATIONS
NO. 198
BROADWAY MARKET BOARD APPEALS
In light of the ongoing controversy at the Broadway
Market, the Common Council believes that any action
taken regarding the future of the Market should be
carefully considered. It has come to the City's attention
that some major developments are being considered by
the Board at their meeting of March 15, 2000.
Until such time as the City Comptroller's audit of the
Broadway market is complete, the Council requests that
the Board not vote to approve any matter pending
before it.
RECEIVED AND FILED
NO. 199
By: Mr. Fisher, Ms. Gray
CREATION OF AN EMERGENCY ASSISTANCE
PROGRAM FOR SMALL BUSINESS DEVELOPMENT
Whereas:The engine of our local economy is
small businesses; and
Whereas:The health of the City of Buffalo is
directly tied to the stability of its various commercial
strips, and
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Whereas: As businesses along such streets as
Jefferson, Bailey and Broadway have suffered so have
the neighborhoods around them; and
Whereas: While the Buffalo Economic Renaissance
Corporation has made significant steps towards creating
low interest loans for small businesses, there are
tremendous needs for small businesses, particularly for
minority and women owned businesses; and
Whereas: Small businesses have an extremely difficult
time gaining access to traditional sources of capital,
particularly minority and women owned businesses.
Now, Therefore, Be It Resolved:
The Buffalo Economic Renaissance Corporation files
with this honorable body a complete description of what
programs currently exist for small business
development, the level of resources allocated to those
programs, which businesses are currently availing
themselves of those programs and the success of those
programs as measured by job retention and creation.
Be It Further Resolved:
This Common Council requests the Buffalo Economic
Renaissance Corporation to create an Emergency
Assistance Program for Small Business Development
from funds of the Community Development Block Grant
2000-01 and any other available revenue streams.
Be It Further Resolved:
The Program shall have as its primary goal job
retention and creation through small business
development and shall make venture capital available to
businesses that traditionally are incapable of securing
such financing.
Be It Further Resolved:
Said Program shall be created as soon as possible with
appropriate staffing levels and shall include an
Information and Resource Center to assist small
businesses.
Be It Further Resolved:
Said Program shall be located not within the offices of
the Buffalo Economic Renaissance Corporation but in a
neighborhood on one of Buffalo's many commercial
streets.
Be It Further Resolved:
Every effort should be made to create the Program in
cooperation with the Small Business Administration,
Empire State Development Corporation and the Erie
County Industrial Development Agency
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND THE BUFFALO
ECONOMIC RENNAISANCE CORPORATION
NO. 200
By: Mrs. Grant
PETITIONS IN SUPP0RT OF LOW INCOME SENIORS'
EXEMPTION FROM PAYING THE CITY OF BUFFALO
GARBAGE USER FEE.
WHEREAS: the Garbage User Fee continues to
present an economic hardship for the residents of
Buffalo, especially our low income Senior Citizens; and
WHEREAS:Many residents of the City of Buffalo
support this Councilmembers Resolution requesting a
User Fee Exemption for low income Seniors; and
WHEREAS:While this honorable body have in its
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possession signed petitions with more than 650
signatures to abolish the Garbage User Fee for all
homeowners, and
NOW, THEREFORE , BE IT RESOLVED THAT:
The attached petitions of an additional 700 signatures
on behalf of residents of the City of Buffalo that calls for
the Garbage User Fee Exemption for Low Income
Seniors; and
BE IT FURTHER RESOLVED:
That this Common Council recognize this total of
thirteen hundred and fifty Petitions is only a partial
representative of the signatures collected thus far, and
&at many more signatures will be amassed in this
continuous and ongoing process; and
BE IT FURTHER RESOLVED THAT:
All Councilmembers be presented with a copy of the
City of Buffalo "Garbage User Fee Law" that was
implemented in 1996.
BE IT FINALLY RESOLVED THAT:
Thew Petitions be filed with the Office of the Mayor, the
Department of Assessment, and the Budget Committee
of this honorable body.
REFERRED TO THE COMMITTEE ON BUDGET
No. 201
By: Mrs. Grant
TEMPORARY WAIVER OF RESIDENCY
REQUIREMENT
WHEREAS: The City of Buffalo has a residency
requirement law that covers all employees of the City of
Buffalo excluding those who are employees of the Fire,
Police and Sanitation Department, and who are thereby,
covered by New York State mandated exemption
clauses; and
WHEREAS:Certain newly-hired employees, from
time to time, are granted a six month waiver from the
city's residency laws; and
WHEREAS:The City of Buffalo has no mechanism
in place that neither monitors nor declares when an
employee has not fulfilled his/her obligation to establish
city residency once the temporary waiver has expired;
and
WHEREAS:It is largely unknown how many
nonresidents are being granted residency waivers in
any particular year or whether they signed documents
confirming their upcoming relocation into the city.
THEREFORE, BE IT RESOLVED THAT:
The Civil Service Commissioner compile a list of the
City of Buffalo employees who signed such relocation
documents and that the Civil Service Commissioner be
directed to file such documents with this honorable body
biannually.
BE IT FURTHER RESOLVED THAT:
The City of Buffalo Administration, the Civil Service
Commissioner or any and all departments that hires or
promotes City of Buffalo employees make every effort to
consider or give a preference to those applicants who
are currently residents of the City of Buffalo; and
BE IT FURTHER RESOLVED, THAT:
A copy of this resolution is delivered to the Mayor of
the City of Buffalo, all city departments, the Corporation
Counsel, the Board of Education, Buffalo Sewer
Authority, Buffalo Municipal Housing Authority and other
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agencies that this honorable body deems necessary.
BE IT FINALLY RESOLVED, THAT:
All parties mentioned in the prior resolve respond to
this honorable body no later than 2 P.M. on April 4,
2000.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE CIVIL SERVICE COMMISSION, THE
CORPORATION COUNSEL AND THE
COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 202
By: Ms. Gray and Mr. Coppola
SET UP DEVELOPMENT ZONE FOR HOSPITALS
AND EDUCATIONAL INSTITUTIONS
Whereas: Local hospitals and educational institutions
have been unable to benefit from the NYS Economic
Development Zone (EDZ); and
Whereas: The EDZ legislation is targeted to profit
making businesses, and Buffalo's Zone, which is
already stretched to its two mile limit, doesn't include
many of our hospitals and educational institutions; and
Whereas: These institutions have a great need for
financial relief similar to that offered by EDZ's; and
Whereas: For example high utility bills are a major
problem, particularly for local hospitals; and
Whereas: Buffalo's economy has largely been left
behind by the national economic boom, and until things
improve substantially here, it would be important to offer
some relief to these non-profit institutions that provide
for the health and education of our City's citizens; and
Now, Therefore, Be It Resolved That:
This Common Council requests Governor Pataki to
designate a non-contiguous one square mile "Hospital
and School Development Zone'" for the City of Buffalo
that will include incentives such as lower utility costs;
and
Be It Further Resolved That:
That the City Clerk be directed to send a certified copy
of this resolution to Governor Pataki and to the Western
New York Legislature delegation.
ADOPTED
NO. 203
By: Mr. Pitts
URGE CONGRESS TO SUPPORT H.R. 3613
(SHELTER CARE PROGRAM FUNDING)
Whereas: The United States Congress is currently
considering H.R. 3613, a bill to authorize the Secretary
of Housing and Urban Development to fund, on a
one-year emergency basis, certain requests for grant
renewal under the programs for permanent supportive
housing and shelter-plus- care for homeless persons;
and
Whereas: This bill, introduced by Member of Congress
John LaFalce, is necessary to ensure the continuous
delivery of services to our veteran population; and
Whereas:The Buffalo Urban Renewal Agency
recently had to approve a grant extension for the Shelter
Plus Care grant for the Western New York Housing
Coalition in order to allow them to utilize unexpended
grant funds; and
Whereas: Those unexpended funds are vitally
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necessary for the local Shelter Plus Care program as
the Department of Housing and Urban Development
("HUD")
has denied further funding for the grant; and
Whereas: Without additional HUD funding, 178
families and individuals across Erie County are at risk of
eviction and homelessness; and
Whereas:This bill, if passed by Congress, can
prevent this tragedy,
Now Therefore Be It Resolved:
That the City of Buffalo does hereby urge the United
States Congress to enact H.R. 3613 as expeditiously as
possible; and
Be It Further Resolved:
That the City Clerk send a certified copy of this
resolution to the United States Congress.
ADOPTED
NO. 204
By Mr. Pitts
DISCHARGE TELECOMMUNICATIONS COMMITTEE
ITEM NO. 73, MARCH 7, 2000
AMEND LICENSE AGREEMENT WITH LEDCOR
COMMUNICATIONS, INC.
Whereas:The above item is a request by Ledcor
to amend its existing Telecommunications License
Agreement with the City, which was executed on
February 22, 2000; and
Whereas: The item was referred to the
Telecommunications Committee; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, therefore be it resolved:
That the Common Council does hereby discharge the
Telecommunications Committee from consideration of
the above item, and the item is now before the Common
Council for consideration.
ADOPT DISCHARGE AND APPROVE SAID ITEM
PASSED
AYES-13, NOES-0
NO. 205
By Mr. Pitts, Brown, Gray, Coppola, Lotempio,
Fisher
DESIGNATE 2421 MAIN STREET AS
HEADQUARTERS FOR THE
GREATER BUFFALO SAVINGS BANK
WHEREAS: The Greater Buffalo Savings Bank
(G.B.S.B.) opened its doors at 47 Court Street in
Downtown Buffalo in November 1999; and
WHEREAS: The G.B.S.B. is the first new bank to open
in the City of Buffalo in 30 years. Utilizing the motto
"Banking the way it used to be" the Savings Bank
provides an array of community financial services
without the fees; and
WHEREAS: The City of Buffalo provided support for
the establishment of a Banking Development District.
The G.B.S.B. submitted an application to the New York
State Banking Department, which was approved. This
District is located primarily in the Masten District where
there is a demonstrated high need for banking services;
and
WHEREAS: While the G.B.S.B. is currently located on
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00-0321.txt
Court Street, its plan has always been to utilize the
former Braun Cadillac Building at 2421 Main Street at
Jewett Avenue as its headquarters. The stylish
showroom and architecturally significant art deco
building will provide a signature location for the
bank;and
WHEREAS: As a requirement of the Banking District
the Headquarters of the G.B.S.B. has to be designated.
NOW THEREFORE BE IT RESOLVED:
That the Common Council designate 2421 Main Street
as the Headquarters for the Greater Buffalo Savings
Bank.
That the Commissioner of Assessment Develop a tax
exemption program consistent with New York State
Banking Development District Legislation.
PASSED
AYES-13, NOES-0
NO. 206
By: Miller-Wiliams
PERMISSION TO HANG BANNER – 371 DELAWARE
AVE
Whereas:The Trinity Episcopal Church will be
holding its semi-annual White Elephant Sale; and
Whereas:Representatives from the Trinity
Episcopal Church are seeking permission to hang a
banner across Delaware Avenue in front of the Trinity
Episcopal Church located at 371 Delaware Avenue from
April 15 through May 12, 2000; and
Whereas:The Trinity Episcopal Church is familiar
with the banner requirements and will purchase the
necessary bond before the banner is hung.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants
permission to the Trinity Episcopal Church to hang a
banner announcing its semi-annual White Elephant
Sale; and
Be It Further Resolved:
That the banner will hang across Delaware Avenue in
front of the Trinity Episcopal Church located at 371
Delaware Avenue from April 15 through May 12, 2000;
and
Be It Finally Resolved:
That said banner meets all the requirements of
pertinent city departments and that no existing laws be
violated.
PASSED
AYES-13, NOES-0
NO. 207
By: Barbara A. Miller-Williams
REQUEST STUDY OF PARKING CONDITIONS
Whereas: Constituents of the Ellicott District have
complained of unwarranted Parking Tickets issued on
East Eagle Street between Michigan Avenue and Pine
Street;
and
Whereas: For many years, East Eagle Street has
served as a much needed parking resource for the many
residents living on the grounds of the Ellicott Towne
Center Complex. In addition, East Eagle Street has also
served as a source of parking for visitors of Sheehan
Memorial Hospital; and
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Whereas: The increasing number of Parking Tickets
issued continues to add hardship to the many
individuals living, working and seeking medical attention
on East Eagle Street,
Now, Therefore, Be It Resolved:
That the Buffalo Common Council requests the
Department of Public Works to research and provide
recommendations to the Council informing such as to
what measures can be taken to alleviate the parking
hardships for the individuals residing, working and
seeking medical attention at Sheehan Memorial Hospital
on East Eagle Street.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT , THE COMMISSIONER OF PUBLIC
WORKS AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
NO. 208
BY: MS MILLER-WILLIAMS
SALARY ORDINANCE AMENDMENT
05 -LAW DEPARTMENT
1046 - CORPORATION COUNSEL
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 05 - Law Department,
1046 - Corporation Counsel, is hereby amended to read:
1 Legal Stenographer (C. Parot, Only)
$ 26,964 - $ 31,323
IT IS HEREBY CERTIFIED, pursuant to Section 34 of
the Charter, that the immediate passage of t foregoing
ordinance is necessary.
We, MICHAEL B RISMAN, CORPORATION COUNSEL
and JAMES B. MILROY, Ph.1 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.
MICHAEL RISMAN
CORPORATION COUNSEL
JAMES B. MILROY PH.D
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
3/02/00 ATTACHMENT
PASSED
AYES-12, NOES-0
NO. 209
BY: MS MILLER-WILLIAMS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF STREET SANITATION
1303 - VERMIN AND ANIMAL CONTROL
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 50 - Department of
Street Sanitation, 1303 - Vermin and Animal Control, is
hereby amended to read:
1 Laborer 1 20,661 - $ 23,445
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IT IS HEREBY CERTIFIED, pursuant to Section 34 of
the Charter, that the immediate passage of the
foregoing ordinance is necessary.
We, PAUL V. SULLIVAN, COMMISSIONER OF
STREET SANITATION and JAMES MILROY, Ph.D.,
DIRECTOR OF BUDGET, hereby certify that the above
change is necessary for t 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.
PAUL SULLIVAN
COMMISSIONER OF STREET SANITATION
JAMES MILROY PHD
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
3/08/00 ATTACHMENT
PASSED
AYES-13, NOES-0
NO. 210
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 Nattless Ballou By Councilmember
Wlliams, Pitts, Michaux III
Felicitation for Minnie Bailey Reid By All Council
Members
Felicitation for Mother Minnie Reid By Councilmember
Pitts, Michaux III
Felicitation for Town Boys & Girls Club
In Memoriam for William Cybulski by Councilmember
Fontana, Michaux III, Pitts
ADOPTED
No. 211
By: Miller-Williams;
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31, 2000 , conditional upon the person so appointed
certifying under oath to their qualifications and filing
same :with the City Clerk:
NICHELLE JONES
SHIRLEY KRIGER
ADOPTED
NO. 212
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 tem aiding December
31, 2000, conditional upon the persons so appointed
certified under oath to their qualifications and filing
same with the City
PATRICIA M. GRASHA
JANICE J. LUCZAK
Page 95
00-0321.txt
JOAN F. LILLIS
JAMES G. DI MARIA
CHRISTINE M. LOOS
ROBERT V. KRUG
DEAN MANN
PATRICIK J. MC LAUGHLIN
UNFINISHED BUSINESS
NO. 213
BOND RESOLUTION-$100,000-REDEVELOPMENT
MICHIGAN STREET
(#172-C.C.P., MAR. 7,2000)
Mrs. LoTempio moved that the above item be taken
from the table.
Seconded by Mr. Brown
CARRIED
Mrs. LoTempio now made a motion to approve said
item.
Seconded by Mr. Fontana
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 214
BOND RESOLUTION-$200,000-BRIDGE FROM NW
COMM. CTR. TO NW ACADEMY
(#173-C.C.P., MAR. 7,2000)
Mrs. LoTempio moved that the above item be taken
from the table.
Seconded by Mr. Brown
CARRIED
Mrs. LoTempio now made a motion to approve said
item.
Seconded by Mr. Fontana
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 215
BOND RESOLUTION-$200,000-INFRASTRUCTURE
IMPROVEMENTS-LOVEJOY DISTRICT
(#174-C.C.P., MAR. 7,2000)
Mrs. LoTempio moved that the above item be taken
from the table.
Seconded by Mr. Brown
CARRIED
Mrs. LoTempio now made a motion to approve said
item.
Seconded by Mr. Fontana
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 216
LOCAL LAW INTRO.#2 (2000)-POLICE AND FIRE
PENSIONS
(#195-C.C.P., MAR. 7, 2000)
Mrs. LoTempio moved that the above item be taken
from the table.
Seconded by Mr. Brown
Page 96
00-0321.txt
CARRIED
Mrs. LoTempio now made a motion to approve said
item.
Seconded by Mr. Fontana
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 217
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13 1h Floor, City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil ServiceTuesday, March
28, 2000 at 9:30 o'clock A.M.
Committee on FinanceTuesday, March 28,
2000 following Civil Service
Committee on LegislationTuesday, March
28, 2000 at 2:00 o'clock P.M.
Committee on Comm. Dev.Wednesday,
March 29, 2000 at 10:00 o'clock A.M.
Ancillary Meetings
Budget Committee Monday, March 27, 2000 at 10:00
o'clock A.M.
Room 1417
Special Comm. on Police Reorg. /Oversight Wed.,
March 29, 2000 at 2:00 o'clock P.M.
NO. 218
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Gray, the Council adjourned at 5:12 PM
CHARLES L. MICHAUX, III
CITY CLERK
Page 97