HomeMy WebLinkAbout00-0307
00-0307.txt
No. 5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 7, 2000
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Charley H. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
KAREN ELLINGTON - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
DOMINIC J. BONIFACIO JR. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Barbara Miller-
Williams, Chairman, Charley H. Fisher III, Karen Ellington,
Betty Jean Grant, Mary M. Martino
CLAIMS COMMITTEE: Betty Jean Grant, Chairman,
Alfred T. Coppola, Barbara Miller-Williams, Mary M. Martino,
Richard Fontana
COMMUNITY DEVELOPMENT COMMITTEE: Beverly
Gray Chairman, Joseph Golombek, Berry Jean Grant,
Charley Fisher, Karen Ellington, Dominic Bonifacio, Byron
Brown
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FINANCE COMMITTEE: Byron Brown, Chairman,
Mary Martino, Barbara Miller-Williams, Alfred T. Coppola,
Karen Ellington, Charley Fisher III
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Rosemarie LoTempio, Byron Brown, Beverly
Gray, Dominic Bonifacio Jr., Joseph Golombek
RULES COMMITTEE: James W. Pitts, Chairman
Alfred T. Coppola, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Richard A. Fontana,
Chairman, Beverly Gray, Dominic Bonifacio Jr., Joseph
Golombek Jr., Charley H. Fisher III, Karen Ellington
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Betty J. Grant, Richard A. Fontana, Beverly
Gray, Barbara Miller-Williams
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, James W. Pitts, Byron Brown , Alfred T. Coppola,
Richar A. Fontana, Mary M. Martino
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Dominic Bonafacio Jr., Charley Fisher III,
Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Charley H.
Fisher III, Chairman, Karen Ellington, Barbara Miller-
Williams, Mary M. Martino, Dominic J. Bonafacio Jr.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL-BUFFALO
TUESDAY, MARCH 7, 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
February 22, 2000 were approved.
FROM THE MAYOR
NO. 1
DESIGNATION OF NOMINEES FOR APPOINTMENT TO
THE BOARD OF TRUSTEES OF THE BUFFALO AND
ERIE COUNTY LIBRARY
Pursuant to Section 6212 of the Unconsolidated Laws,
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being Chapter 768, Section 2 of the Laws of 1953,
transmitted herewith is my designated nominees to the
Board of Trustees of the Buffalo and Erie County Public
Library. The County Executive, subject to confirmation by the
County Legislature, will appoint one nominee for a term
expiring December 31, 2000. The appointed designee is
filling the unexpired term of Judge Salvatore R. Martoche,
who has been elected to the New York State Supreme
Court.
Kenneth A. Olena 169 Bryant Street Buffalo, New York
14222
Mr. Olena is an attorney with the law firm of Siegel,
Kelleher & Kahn. He was previously employed in the law firm
of Birzon, Zakia, Olena and Davis, PC. He is a member of
several organizations, such as Erie County Bar Association,
Saturn Club, Buffalo Canoe Club, etc.
David F. Granville 9 Cottage Street Buffalo, N.Y.
14201
Mr. Granville is the Executive Director, City of Buffalo Arts
Commission. He serves as administrative for 15 member
City of Buffalo Arts Commission and 17 member Arts and
Cultural Funding Advisory Committee. From 1986 thru 1993
David was Director/Assistant Director of Niagara University
Theatre, Buffalo Ensemble Theatre, Holy Name College
Theatre (Oakland, CA), Greater Buffalo Opera Company,
and Eastman School of Music Opera Theatre (Rochester,
N.Y.)
Maureen Danahy, SSJ 151 Summit Avenue
Buffalo, N.Y. 14201
At the present time Maureen Danahy is Director of the
Mayor's Internship Program. From 1972-1998 she was an
elementary school teacher. Maureen has taught grades 2-8
over the course of her teaching career.
I hereby certify that the above designees are fully qualified
to serve as members of the Board of Trustees of the Buffalo
and Erie County Library.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 2
INFO-CHARTER SCHOOLS
Pursuant to a request from Councilmember Rosemarie
LoTempio. I am submitting a synopsis of the provisions of
the new Charter of the City of Buffalo, Each of the provisions
contained within the attached report, also denotes the
appropriate citation from the new Charter. A line of asterisks
separates related provisions.
I am available at any time to discuss the contents of this
report.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 3
RE-APPOINTMENT OF MEMBER TO THE
CITIZENS SALARY REVIEW COMMISSION
Pursuant to the powers vested in me by Article 24, Section
452-A of the Charter of the City of Buffalo, as amended by
Local Law No. 5 (1979), I hereby reappoint John McDowell,
residing at 311 Vermont Street, Buffalo, New York 14213 to
the Citizens Salary Review Commission. Mr. McDowell's
appointment is effective immediately and expires December
31, 2002.
I hereby certify that the above named individual is fully
qualified to serve as member of the Citizens Salary Review
Commission.
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RECEIVED AND FILED
NO. 4
APPOINTMENT OF MEMBER TO THE
BUFFALO BOARD OF ETHICS
Pursuant to the powers vested in me by Section 12-19,
Article 11, Chapter 12 of the Buffalo Code, I hereby appoint
Lourdes T. Iglesias, residing at 14 Auchinvole Street,
Buffalo, New York 14213, as a member of the Board of
Ethics for a term expiring September 4, 2003. Ms. Iglesias is
filling the unexpired term of Olga Mendell. who has resigned.
LOURDES T. IGLESIAS 14 Auchinvole Street Buffalo,
14213
At the present time Ms. Iglesias is currently Exclusive
Agent for Allstate Insurance, 217 Hampshire Street, Buffalo.
Lourdes Iglesias received a Bachelor degree from Daemen
College and took graduate courses at the State University of
New York at Buffalo. She worked for Hispanics United of
Buffalo, first as Court Advocate and the Program Director.
Lourdes Iglesias has received numerous awards for her
active role in many community and civic organizations. She
was also a member of the Charter Review Commission for
the City of Buffalo.
I hereby certify that the above named individual is fully
qualified to serve as a member of the Buffalo Board of
Ethics.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLERS OFFICE
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BOARD OF STADIUM/AUDITORIUM
NO. 5
ABATEMENT OF $16,000
LADIES LEAGUE BASEBALL
Ladies League Baseball ceased play and filed for
bankruptcy during the team's inaugural season in Buffalo in
1998. Under the terms of their lease agreement with the City
of Buffalo-Dunn Tire Park, the League defaulted rent
payments totaling $16,000. We are requesting your approval
to abate the accounts receivable invoice in the amount of
$16,000.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO.6
D. COOKFAIR
532-534 ELMWOOD AVE. C: RESTAURANT EXPANSION
ITEM NO. 67, C.C.P. 2/22/00
The City Planning Board at its regular meeting held
Tuesday, February 29, 2000, considered the matter
captioned above pursuant to Section 511-56 of the Buffalo
Code, Elmwood Ave. Business District.
The applicant seeks expand an existing restaurant by
adding a handicap lift and use additional space from an
adjoining store at 532-534 Elmwood Avenue.
The Planning Board voted to recommend approval of the
proposed restaurant expansion.
RECEIVED AND FILED
NO. 7
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R. ALSHEIMER
REZONE 2540 DELAWARE AVE.
"R2" TO "C2"
SPECIAL DEVELOPMENT PLAN
ITEM NO. 68, C.C.P. 2/22/00
ITEM NO. 82 , C.C.P. 1/6/98
The City Planning Board at its regular meeting held
February 29, 2000 considered the matter captioned above
pursuant to 511-126 of the Buffalo Code, Procedures for
changes and amendments.
The Common Council previously approved the rezoning of
2540 Delaware Avenue from ("R2" to "C2" at their meeting of
May 27, 1997, Item No. 28 subject to conditions set by
Special Development Plan No. That applicant failed to apply
for the proper permits within the allotted time to effectuate
the rezoning. As a result the rezoning became null and void.
The applicant at this time wishes again to rezone this
property with the conditions set forth by the previous
approval. The City Planning Board recommends approval of
the rezoning with the same Special Development Plan
conditions as stated in C.C.P. May 27, 1997, Item 157.
RECEIVED AND FILED
NO. 8
A. PARISH
81 MILLS ST.
HUMAN SERVICE FACILITY
HALFWAY HOUSE
ITEM NO. 69, C.C.P. 2/22/00
The City Planning Board at its regular meeting held
Tuesday, February 29, 2000, considered the matter
captioned above pursuant to Section 511-94 and 511136 of
the Buffalo Code, Halfway houses and Use permit required
for human service facilities respectively.
The applicant seeks to use an existing multiple dwelling as
a human service facility for ex-offenders located at 81 Mills
Street. Under SEQR the proposed Human Service Facility is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to communicate to the Common
Council a finding of no concentration of similar human
service facilities within a « mile radius of the proposed
location.
RECEIVED AND FILED
NO. 9
BUFFALO HALFWAY HOUSE
39 E. PARADE CIRCLE
HUMAN SERVICE FACILITY
HALFWAY HOUSE
ITEM NO. 86, C.C.P. 11/30/99
The City Planning Board at its regular meeting
held Tuesday, February 29, 2000, considered the matter
captioned above pursuant to Section 511-94 and 511136 of
the Buffalo Code, Halfway houses and Use permit required
for human service facilities respectively.
The applicant seeks to convert an abandoned rite-aid store
for use as a human service facility for ex-offenders located at
39 E. Parade Circle. Under SEQR the proposed Human
Service Facility is considered an unlisted action which may
be studied through uncoordinated review.
The applicant has decided to withdraw its application for
this site. The Planning Board voted to receive and file this
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application.
RECEIVED AND FILED
FROM THE COMPTROLLER
NO. 10
REPORT OF AUDIT
DEPARTMENT OF PUBLIC WORKS
ERIE BASIN MARINA
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit
copies of the Erie Basin Marina Financial Statement audit
report for the period January 1, 1999 to December 31, 1999.
This audit provides the financial data needed by the
Department of Public Works in the area of monitoring Marina
operations on an annual basis. We have also included
pertinent prior year information to provide ease of
comparisons.
REFERRED TO THE COMMITTTEE ON FINANCE AND
THE COMMISSSIONER OF PUBLIC WORKS
NO. 11
REPORT OF AUDIT
OFFICE OF THE CITY CLERK
REVENUE ACCOUNTS
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit
copies of the Office of the City Clerk Revenue Accounts
audit report for the period July 1, 1996 to December 31,
1999.
Although the Office of the City Clerk currently maintains a
satisfactory system of internal controls over revenue
receipts, we have included several recommendations in our
report which would provide for optimum safeguards in the
areas of cash receiving.
REFERRED TO THE COMMITTEE ON FINANCE AND
THE CITY CLERK
NO. 12
BROADWAY MARKET FINANCIAL ISSUES
ITEM #156, C.C.P. FEBRUARY 22,2000
This is to advise your Honorable Body that pursuant to a
request from the mayor and under terms of the lease
agreement between the city and the Broadway Market
Management Corporation (June 9, 1998), my office will
conduct a financial audit of the BMMC, commencing
immediately.
I share the Council's concerns over the financial issues
that have been raised in recent days that reflect negatively
on the operations of this important and historic institution. I
can assure Council Member Karen Ellington and all the
members of the Council that my auditors will conduct a
thorough review of the market's books, and file a complete
report with the Mayor and the Council as soon as our review
is complete.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 13
CAPITAL BUDGET AMENDMENT
BOARD OF EDUCATION
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify, pursuant to Section 359 of
the Charter, that it is necessary to authorize a change in the
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Capital Projects Program for the Board of Education,
provided by the Common Council prior to July 1, 1999 for the
ensuing fiscal year, by adding the following items:
Capital Projects- Board of Education
(Roofs: 39 & 19) $500,000
Science Labs, Phase II
(192,203,235,301,302,305,306) $ 3,000,000
Electrical Reconstruction
(Fire Alarms, Clocks & Bells, Generators Various Schools)
$ 700,000
TOTAL $4,200,000
Dated: Buffalo, NY February 8, 2000
RECEIVED AND FILED
NO. 14
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $18,572.46 be
transferred and reappropriated within Legislative, as set forth
below:
From:
General Fund
10103001 - Councilmember Williams
411001 - Salaries Annual $18,572.46
To:
1000 General Fund
10 104001 - Councilmember Brown
411001 - Salaries Annual $18,572.46
Dated: Buffalo, NY, February 8, 2000
RECEIVED AND FILED
NO. 15
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
GENERAL CITY CHARGES
PUBLIC WORKS
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 $20,000 be
transferred and reappropriated from General City Charges
-Utilities - Electricity, as set forth below:
From:
General Fund
17213003 - Utilities
441003 - Electrical $20,000
To:
General Fund
13291006 - Buildings
432004 - Engineering & Technical Services $20,000
Dated: Buffalo, NY, February 15, 2000
RECEIVED AND FILED
NO. 16
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
FISCAL YEAR ENDED JUNE 30, 1999
This is to advise that copies of the Comprehensive Annual
Financial Report of the Comptroller of the City of Buffalo for
the fiscal year ending June 30, 1999 have been delivered to
each Councilmember, the Common Council Chief of Staff,
the City Clerk, the Mayor and the Budget Office. Included
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therein is the Audit Report of Ernst & Young LLP.
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 parties not later than May 22,
2000.
RECEIVED AND FILED
NO. 17
DELAWARE PARK CONCESSION STAND
Attached is a copy of the single page communication to
the Common Council from Commissioner Daniel Durawa
dated November 22, 1999 regarding Gerald Sansonese, the
President of Deli at Delaware, Inc. Mr. Sansonese was the
former operator of the Delaware Park concession stand for
the 1998-1999 season. Mr. Sansonese did not renew the
lease for the 1999-2000 season.
The total rent for the 1998-1999 period of operation was
$4,800.00. Mr. Sansonese paid $1,500-00 on October 5,
1999 and is requesting that the City of Buffalo accept the
following equipment in lieu of the $3,300-00 for the
outstanding rent:
Metroshelving unit
Two (2) one-door refrigerated deli units
One (1) two-door refrigerator
One (1) Three bay custom made stainless steel
sink with work area and drawers
outdoor freezer
Time Clock
Cash register
Alarm system
Wall shelving and custom made counters
various containers and kitchen ware
The Council recently approved turning over operation of
the Delaware Park concession stand to the Olmsted Parks
Conservancy with profits going back into the Conservancy.
The Olmsted Parks Conservancy is also in favor of the City
of Buffalo acquiring the equipment as it will facilitate the
transfer of operation in a timely fashion. Although the City of
Buffalo will own the equipment, the Conservancy will be
responsible for maintenance and repair of the equipment.
I concur with commissioner Durawa that the City of Buffalo
accept Mr. Sansonese's proposal for equipment in lieu of
final payment. I believe this is a fair resolution of this matter,
which will in turn benefit the City of Buffalo and future
operators of the concession stand.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 18
INTERFUND LOAN
Over the last six years, the City has provided interfund
loans from the City General Fund to The City, Board and
Enterprise Capital Projects Funds to implement financing of
the Capital Improvements Budget. The interfund loans are
repaid when the Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance
projects and we will not reenter the bond market at this time.
We are requesting that you approve interfund cash loan
from the General Fund to the City's Capital Projects Fund in
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the amount of $130,000 for Improvements to Hennepin Park,
99-00. The loan will be repaid when Bond Anticipation Notes
or Bonds are issued.
From ToAccount Repayment Date Total
1000 3000 Capital
General Projects 35640106 BAN/Bond Sale $ 130,000
Mrs. Lotempio Moved:
That the above communication from the Comptroller dated
March 1, 2000, be received and filed; and
That the Comptroller be, and he hereby is authorized to
make an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $130,000 for
Improvements to Hennepin Park, 99-00. The loan will be
repaid when Bond Anticipation Notes or Bonds are issued.
Passed
Ayes-13, Noes-0
NO. 19
INTERFUND CASH LOAN
Certain Federal and State aided programs require a cash
advance until the program is operating and reimbursement is
received.
I have reviewed the program listed below and determined
the cash needs to be warranted. I have approved an
interfund cash loan to be made in the maximum amount of
$500,000.00 as needed subject to your approval. Loan is
payable at date of reimbursement.
FROM:1000 - General Fund
TO:3122 - Capital Projects Fund - Kleinhans Music
Hall
ACCOUNT NO.:31246606 445100
GRANT TITLE: Kleinhans Music Hall ESDC Project No.
J-135
GRANT AGENCY: Empire State Development
GRANT AMOUNT: $500,000.00
LOAN AMOUNT: $500,000.00
Estimated Date of Repayment: June 2001
Mrs. Lotempio Moved
That the above communication from the Comptroller dated
February 28, 2000, be received and filed, and
That the Comptroller be, and he hereby is authorized to
make an interfund cash loan from the General Fund to the
City's Capital Projects Fund in the amount of $500,000 for
Kleinhans Music Hall ESDC Project No. J- 13 5. The loan is
payable at date of reimbursement.
Passed
AYES-13, NOES-0
NO. 20
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO
AND SOUTH BUFFALO THEATER FOR USE OF A
PORTION OF FORMER SCH. #29
2193 SOUTH PARK
ITEM NO. 126, C.C.P. 7/8/97
PURSUANT TO ITEM NO. 126, C.C.P. 7/8/97
Your Honorable Body authorized to renew the lease
agreement between the City of Buffalo and the South Buffalo
Theater for use of a portion of former School #29 located at
2193 South Park. This lease was for a three-year period
commencing on March 1, 1997 and expiring on February
29,2000.
The Comptroller's Office, Division of Real Estate, has
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received a letter from Mary Jo Agro, President of the South
Buffalo Theater requesting to renew their lease under the
same terms and conditions.
This office recommends that Your Honorable Body renew
their present lease agreement for an additional three-year
period to commence on 3/1100 and expire 2/28103. The
lease shall contain the standard thirty- (30) days written
notice of cancellation by either party. This will protect the
City in case it is determined that the building needs to be
vacated for other purposes during the term of the lease.
I am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary
documents to renew said lease and that the Mayor be
authorized to execute the same.
Mrs. LoTempio Moved:
That the above communication from the Comptroller dated
February 24, 2000, be received and filed; and
That the Comptroller be, and he hereby is authorized to
renew the lease between the City and the South Buffalo
Theater, for use of a portion of former School #29 located at
2193 South Park Avenue for an additional three (3) year
period commencing on March 1, 2000 and expiring February
28, 2003. That the Corporation Counsel be authorized to
prepare the necessary lease and that the Mayor be
authorized to execute the same.
PASSED
AYES-13, NOES-0
FROM THE COUNCIL PRESIDENT
NO. 21
HEARING ON HICKORY WOODS
On February 28h and 296 myself, Bill Nowak, Council Staff
Manager and Rick Ammerman, President of Hickory Woods
Homeowner's Association attended Hearings in Washington,
D.C. before House of Representatives and United States
Senate Staff. These Hearings were sponsored by the Sierra
Club and focused upon the need for effective Brownsfield
Legislation.
Our role as part of a national panel was to tell the story of
Hickory Woods and to appeal to federal officials to develop
legislation that was resourceful and considerate of
preserving the quality of life of communities with
contaminated soils. Potential Bills are emphasizing
developer driven provisions which would provide voluntary
clean ups with incentives. The problem this creates is that
clean up standards and developer liability may be
compromised.
By highlighting the personal stories of residents at Hickory
Woods issues involving their struggles to seek adequate
remediation, comprehensive health testing, reimbursement
of lost equity in their houses and relocation made the point
crystal clear. Our own situation in Buffalo paralleled with
stories from California, New York City and Ohio provided a
tragic picture that at times was spellbinding.
This forum reminds us that the problem of contaminated
communities in city's like Buffalo, Cleveland, Cincinnati and
as far away as Midway Village in Daly City, California, is the
most serious redevelopment issue facing urban America in
the 21" Century.
As with Hickory Woods, is it reasonable to assume a
minimum level of remediation for the residential reuse of
industrial property? Our obvious answer is no! Brownfields
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Legislation supported by organizations such as the National
Association of Home Builders would not guarantee complete
remediation prior to residential redevelopment. This not only
weakens standards but will inherently create a multiplicity of
Hickory Woods like communities nationwide. Of course this
is unacceptable simply because our cities can't afford the
costs monetarily and in lost lives.
The Sierra Club's title for our Hearing was "Brownfields
Lessons Learned Beyond The Beltway". Indeed the lesson
we are learning through the struggle of Hickory Woods is
that resources at every level of government; especially the
federal government is essential to solve the problems.
I will be requesting another Hearing before the Council's
Committee of the Whole to review the progress that has
been made in developing testing and remediation plans for
Hickory Woods. Representatives from the New York State
D.E.C., D.O.H., and E.P.A. will be invited. Residents from
Hickory Woods will also be invited to speak.
I will also invite Our Western New York State and
Congressional Officials to participate.
REFERRED TO THE COMMITTEE OF THE WHOLE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 22
NOTIFICATION SERIAL #9175
NO STANDING - REPEAL ON MINERAL SPRINGS ROAD,
SOUTH SIDE FROM SENECA STREET TO A POINT 140'
EAST THEREFROM
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following:
NO STANDING
PROHIBITED PROHIBITED
PORTION OF HIGHWAY PERIOD - DAILY
Mineral Springs Road,
south side from Seneca At All Times
Street to a point 140' east therefrom
This action is being taken at the request of the South
District Councilmember and is necessary in order to install
No Standing 8am4pm School Days signs in front of St.
Teresa's School. (see next two (2) serials)
NOTIFICATION SERIAL #9176
INSTALL NO STANDING
ON MINERAL SPRINGS ROAD, SOUTH SIDE
FROM SENECA STREET TO A POINT 160'
CAST THEREFROM
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
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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
Mineral Springs Road, south side From Seneca Street to a
point 160' east therefrom
PROHIBITED PERIOD
At all times
This action is being taken at the request of the South
District Councilmember and is necessary to install No
Standing 8am-4pm School Days signs in front of St. Teresa's
School. (see previous serial and next serial)
NOTIFICATION SERIAL #9177
NO STANDING SCHOOL DAYS - INSTALL
ON MINERAL SPRINGS ROAD, SOUTH SIDE
FROM A POINT 160' CAST OF SENECA STREET
TO A POINT 540' CAST OF SENECA STREET
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding THERETO
The following: NO STANDING
PROHIBITED PORTION OF HIGHWAY
Mineral Springs Road, south side from a point 160' east of
Seneca Street to a point to a point 540' east of Seneca
Street
PROHIBITED PERIOD
8:00 a.m. - 4:00 p.m. School Days
This action is being taken at the request of the South
District Councilmember. It will place No Standing 8am-4pni
School Days signs in front of the entire frontage of St.
Teresa's School. (see previous two (2) serials)
NOTIFICATION SERIAL#9178
INSTALL NO PARKING
ON LINWOOD AVENUE, WEST SIDE
FROM A POINT 368' NORTH
OF BRYANT STREET TO A POINT
90' NORTH THEREFROM
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 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
Linwood Avenue, west side
from a point 368' north of Bryant Street
to a point 90' north therefrom
PROHIBITED PERIOD
Page 12
00-0307.txt
At all times
This action is being taken at the request of the residents of
Baptist Manor. It will increase visibility for cars and vans
exiting the Baptist Manor parking lot.
NOTIFICATION SERIAL #9179
NO STANDING SCHOOL DAYS - INSTALL
ON DAYS PARK, NORTH WEST SIDE
FROM A POINT 35' EAST OF COTTAGE STREET
TO A POINT 355' EAST THEREFROM
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following:
NO STANDING
PROHIBITED
PORTION OF HIGHWAYPROHIBITED PERIOD
Days Park, northwest side8:00 a.m. - 4:00 p.m.
from a point 3 5' east ofSchool Days
Cottage Street to a point
355' cast therefrom
This action is being taken to reflect current existing
on-street conditions.
NOTIFICATION SERIAL #9180
INSTALL STOP SIGNS (TEMPORARY 4-WAY)
IN CUMBERLAND AVENUE
AT MELROSE STREET
STOP SIGNS (ALL-WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear oil
the agenda as all itern business.
That that part of Subdivision 9 Section 11 of Chapter 479
of Ordinances of the City of Buffalo be supplemented by
adding thereto the following:
STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Cumberland AvenueMelrose Street
This temporary action is being taken at the request of tile
District Councilmember due to increased traffic volume as a
result of the reconstruction of the Stevenson Street bridge.
This stop sign is to remain in place until the conclusion of
this reconstruction project.
NOTIFICATION SERIAL # 9181
REPEAL ONE-WAY STREET DIRECTION
HURON STREET - EAST BOUND
FROM NIAGARA STREET
TO WASHINGTON STREET
ONE WAY STREET DIRECTION - REPEAL
In Conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this Action supplementing,
amending, or repeating existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
Page 13
00-0307.txt
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 22 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following:
ONE WAY STREET DIRECTION
NAME OF STREET
Huron Street
from Niagara Street
to Washington Street
DIRECTION OF TRAFFIC MOVEMENT
East bound
This action is being taken in order to improve and enhance
traffic circulation in, through and around the Central
Business District. This action will also necessitate the
installation of a new traffic control signal at Huron and
Niagara Streets (see next serial).
NOTIFICATION SERIAL # 9182
INSTALL TRAFFIC CONTROL SIGNAL
HURON STREET
AT NIAGARA STREET
TRAFFIC CONTROL SIGNAL - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the
following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Huron Street at
Niagara Street
This action is needed due to the two-way conversion of
Huron Street between Niagara Street and Washington Street
(see previous serial).
NOTIFICATION SERIAL # 9183
REPEAL ONE-WAY STREET DIRECTION
ELLICOTT STREET - NORTH BOUND
FROM SWAN STREET
TO GOODELL STREET
ONE-WAY STREET DIRECTION - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo. the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 471)
of the 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 Section 22 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing
therefrom the following: ONE WAY STREET DIRECTION
NAME OF STREET
Ellicott Street from Swan Street to Goodell Street
DIRECTION OF TRAFFIC MOVEMENT
North bound
This action is being taken in order to improve and enhance
traffic circulation in, through and around the Central
Business District. This action will also necessitate the
Page 14
00-0307.txt
installation of a new traffic control signal at Ellicott and E.
Eagle Streets (see next serial).
NOTIFICATION SERIAL # 9184
INSTALL TRAFFIC CONTROL SIGNAL
ELLICOTT STREET
AT E. EAGLE STREET
TRAFFIC CONTROL SIGNAL - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business
That that part of Section 36 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the
following.
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Ellicott Street at E. Eagle Street
This action is needed due to the two-way conversion of
Ellicott Street between Swan Street and Goodell Street (see
previous serial).
NOTIFICATION SERIAL NUMBERS #9175-9177, 9180 are
RECEIVED AND FILED AND THE SERIAL NUMBERS
#9178-9179, 9181-9184 ARE REFERRED TO THE
COMMITTEE ON LEGISLATION
NO. 23
ACCESSIBILITY OF BUFFALO LIBRARIES
In CCP 2/22/2000; item #172 Your Honorable Body
requested comments and/or recommendations.
As part of the 1999/2000 Capital Budget Request, this
department and the Mayor recommended $500,000 for
Handicapped Access at Various City Facilities. Your
Honorable Body approved $300,000 for this purpose. This
bond was authorized in CCP 7127/99; item #256. This bond
is not specific as to use on Library Buildings.
As part of the Library's 2000/01 Capital Budget request
they requested funding for handicapped access at East
Delavan Branch ($175,000 estimate), Fronczak Branch
($155,000 estimate), and Niagara Branch ($155,000
estimate). With only $300,000 available, this department
requested and received permission from Your Honorable
Body to engage a consultant to prepare plans/specifications
and receive bids for the accessibility at Fronczak and
Niagara Branch Libraries (CCP 2/8/00; item #32).
Estimates prepared by the Library for handicapped
accessibility required at the other City owned branches are
as follows:
$155,000Cazenovia Branch
$155,000Crane Branch
$155,000Fairfield Branch
$155,000Kensington Branch
$155,000Mead Branch
$155,000Northwest Branch
The City's estimate for East Clinton is $50,000 and for
North Jefferson is $155,000 (this branch to be replaced with
the new Jefferson/Utica Branch Library. Martin Luther King
Branch Library is not City owned. The other three (3) branch
libraries (Dudley, North Park, and Riverside) are
handicapped accessible.
REFERRED TO THE COMMITTEE ON LEGISLATION
Page 15
00-0307.txt
NO. 24
REPORT OF BIDS
DISTRIBUTION SYSTEM IMPROVEMENTS
BUFFALO INNER HARBOR PROJECT
As authorized by your Honorable Body in CCP 65 of
January 26, 1999, plans and specifications were prepared
and sealed proposals accepted for Distribution System
Improvements - Buffalo Inner Harbor Project - Hanover
Street.
I submit the attached report of bids received which were
opened in my office at 11:00 a.m. on February 16, 2000:
Triple R Development of WNY, Inc. $ 112,090.00
27 Wyndmoor Court
Depew, New York 14043
Sicar Management & Construction, Inc. $ 115,706.00
1128 Jamison Road
Elma, New York 14059
Sergi Construction $ 119,941.00
775 Jewett Holmwood Road
East Aurora, New York 14052
E & R Construction, Inc. $ 133,310.00
38 St. David's Drive
West Seneca, New York 14224
Mar-Wal Construction Company, Inc. $ 136,300.00
440 Gould Avenue
Depew, New York 14043
Paul J. Gallo Contracting, Inc. $ 144,210.00
4244 Ridge Lea Road
Amherst, New York 14226
Visone Construction, Inc. $ 149,150.00
79 Sheldon Avenue
Depew, New York 14043
Ontario Speciality Contracting, Inc. $ 204,350.00
333 Ganson Street
Buffalo, New York 14203
I certify that the foregoing is a true and correct statement
of all bids received and that Triple R Development of WNY,
Inc., 27 Wyndmoor Court, Depew, New York is the lowest
responsible bidder complying with the specifications for this
project with their bid in the amount of $112,090.00.
I respectfully request that your Honorable Body authorize
the Commissioner of Public Works to enter into a contract
with Triple R Development of WNY, Inc. in the amount of
$112,909.00, and authorize a total encumbrance of
$124,199.90.
The Engineer's estimate for this work was $122,250.00.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 25
REPORT OF BIDS
DISTRIBUTION SYSTEM IMPROVEMENTS
LEROY, MONTICELLO
As authorized by your Honorable Body in CCP 33 of
September 7, 1999, plans and specifications were prepared
and sealed proposals accepted for Distribution System
Improvements - LeRoy, Monticello.
I submit the attached report of bids received which were
opened in my office at 11:00 a.m. on February 23, 2000:
Firstrhyme Construction
470 Buffalo Road
East Aurora, New York 14052$ 1,264,883.00
Depew Development, Inc.
Page 16
00-0307.txt
4429 Walden Avenue
Lancaster, New York 14086$ 1,392,467.00
Paul J. Gallo Contracting, Inc.
4244 Ridge Lea Road, Suite # 1
Amherst, New York 14226$ 1,502,150.20
C. Destro Development Company, Inc.
3150 Seneca Street
West Seneca, New York14224$ 1,574,280.00
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York14224$ 1,583,000.00
Sergi Construction
775 Jewett Holmwood Road
East Aurora, New York 14052$ 1,645,899.60
I certify that the foregoing is a true and correct statement
of all bids received and that Firstrhyme Construction Corp.,
Inc., 470 Buffalo Road, East Aurora, New York is the lowest
responsible bidder complying with the specifications for this
project with their bid in the amount of $1,264,883.00.
I respectfully request that your Honorable Body authorize
the Commissioner of Public Works to enter into a contract
with Firstrhyme Construction in the amount of
$1,264,883.00, and authorize a total encumbrance of
$1,391,371.30.
The Engineer's estimate for this work was $1,298,455.00.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 26
REPORT OF BIDS
DISTRIBUTION SYSTEM IMPROVEMENTS
SWAN, SO. PARK, CARROLL & GORHAM
As authorized by your Honorable Body in CCP 34 of
September 7, 1999, plans and specifications were prepared
and sealed proposals accepted for Distribution System
Improvements - Swan Street, South Park Avenue, Carroll
Street and Gorham Street.
I submit the attached report of bids received which were
opened in my office at 11:00 a.m. on February 16, 2000:
Mar-Wal Construction $ 979,875.00
440 Gould Avenue
Depew, New York 14043
Depew Development, Inc. $1,120,791.00
4429 Walden Avenue
Lancaster, New York 14086
Firstrhyme Construction Corp., Inc. $1,196,855.00
470 Buffalo Road
East Aurora, New York 14052
Sergi Construction $1,254,786.00
775 Jewett Holmwood Road
East Aurora, New York 14052
Kandey Company, Inc. $1,262,327.00
19 Ransier Drive
West Seneca, New York 14224
Paul J. Gallo Contracting, Inc. $1,418,145.00
4244 Ridge Lea Road
Amherst, New York 14226
E & R General Construction $1,454,490.00
38 St. David's Drive
West Seneca, New York 14224
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 the lowest responsible
bidder complying with the specifications for this project with
Page 17
00-0307.txt
their bid in the amount of $979,875.00.
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 $979,875.00,
and authorize a total encumbrance of $1,077,862.50.
The Engineer's estimate for this work was $1,400,350.00.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 27
CHANGE IN CONTRACT
FILLMORE-FERRY POLICE PRECINCT
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the Fillmore-Ferry Police Precinct, General
Construction, Montco Construction Co., Inc., C #91988500.
1. Provide additional wall anchorage to the exterior wall
above the north entrance required due to the connection of
the roof diaphram and requirement to brace the arched
masonry. Add $ 3,030.60
2. Revise interior hollow metal head frame heights from 2"
to 4" in order to match the adjacent door heights and
masonry block coursing. Add $ 793.50
3. Remove a portion of the existing foundation at the north
entry to properly install precast wall panels.
Add $ 1,522.14
The foregoing change results in a net increase in the
contract of Five Thousand Three Hundred Forty Six and
24/100 Dollars ($5,346.24).
Summary: Current Contract Amount $2,600,000.00
Net Change by Previous Change Orders
Deduct$ 145,078.83
Amount of This Change Order (#6) $ 5,346.24
Revised Contract Amount $2,460,267.41
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 30229306 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to
the contractor as set forth above.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works dated February 25, 2000, be received and
filed, and
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 6, to Montco
Construction Co., Inc., an increase in the amount of
$5,346.24, as more fully described in the above
communication, for work relating to Fillmore-Ferry Police
Precinct, General Construction, C 991988500. Funds for this
project are available in CPF 30229306 445100 -Division of
Buildings.
Passed
Ayes-13, Noes-0
NO. 28
INCREASE IN CONTRACT
DELAVAN AVENUE ARMORY DEMOLITION
D.J. BRAASCH CONSTRUCTION
CONTRACT #92004900
I herewith submit to your Honorable Body the following
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00-0307.txt
change in contract for additional work performed in
conjunction with the demolition of the Delavan Avenue
Armory, 1015 West Delavan Avenue:
1. Excavation, disposal and backfill of fuel oil contaminated
soils related to removal of a 2,000 gallon underground
gasoline storage tank and a 1,500 gallon underground diesel
storage tank -Add $23,822.18.
2. Removal and disposal of a 500 gallon underground
waste oil tank which was unknown and discovered during
removal of foundations - Add $4,900.00.
3. Termination of a 2nd water service to the Armory which
was unknown and discovered during disconnection of the
primary water and sewer connections - Add $3,500.00.
4. Removal and disposal of asbestos panels at the south
and north drill hall wall elevations. These panels were
obscured and not identified during the original asbestos
building survey prior to demolition. -
Add $20,418.50.
A contract summary is as follows:
Original Contract Amount$386,430.00
Amount This Change Order #1$52,640.68
Revised Contract Amount$439,070.68
These costs have been reviewed by the city and our
consultant, Ecology and Environment, and are found to be
fair and equitable. I therefore recommend that your
Honorable Body authorize the Commissioner of Public
Works to authorize an increase in contract as described
above to D.J. Braasch Construction in the amount of
$52,640.68 to contract #92004900. Funds are available in
our Capital Project Account #30335206.
In addition I am requesting a reduction in retention as the
work at this site is substantially complete with only minor
punch list items to be done in the Spring of 2000. Pending
approval of the change order, the standard 10% retention
will be $43,907.07. I ask that your honorable Body authorize
a reduction to 1%or $4,390.70.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works dated March 1, 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 D.J. Braasch
Construction, an increase in the amount of $52,640.68, as
more fully described in the above communication, for work
relating to Delavan Avenue Armory Demolition, Construction,
C #92004900. Funds for this project are available in Capital
Project Account #30335206,and
That the Commissioner of Public Works be, and he hereby
is authorized to reduce the retention from 10% to 1% or $4,3
90.70.
Passed
Ayes-13, Noes-0'
NO. 29
EMERGENCY BID
36 INCH BACKWASH WATER LINE
The Division of Water has received bids for repairing the
36 inch backwash water line at the Colonel Ward Pump
Station. This line supplies water for cleaning the sand filters
and is critical to the plant's operation.
The line developed a joint leak where it enters a manhole.
It is approximately twelve feet below grade at this location.
Because of the leak's location and depth to the pipe, the
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00-0307.txt
traditional repair methods of excavating the pipe and
caulking the joint were estimated to cost approximately
$50,000. Alternatively, installing an internal joint seal was
estimated to be $25,000. Because both methods were
expected to cost more than $10,000 and because the line is
critical to the Plant's operations, the Division of Water
requested bid prices for the internal joint seal alternative
from three contractors.
The prices received were:
Miller Pipeline Corporation
8850 Crawfordsville Road
Indianapolis, In. 46234 $ 17,000.00
J. Fletcher Creamer & Son, Inc.
101 East Broadway
Hackensack, New Jersey 07601 $ 20,896.00
BRICO Industries, Inc.
2681 Pleasant Dale Road
Dolaville, Georgia 30340Did Not Respond
The low bidder, Miller Pipeline Corporation, was awarded
the work for $17,000.00. Funds are available in the Division
of Water's Account, Org: 53008270, object: 4700.
Mrs. Lotempio Moved:
That the above communication from the Commissioner of
Public Works dated February 29, 2000, be received and
filed, and
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for repairing the 36 inch
backwash water line at the Colonel Ward Pump Station, to
Miller Pipeline Corporation, the lowest responsible bidder, in
the amount of $17,000.00. Funds for the project are
available in the Division of Water's Account, Org: 53008270,
Object: 4700.
Passed.
Ayes-13, Noes-0
NO. 30
FEDERAL EMERGENCY
MANAGEMENT AGENCY
FEE - FLOOD ZONE
CERTIFICATION LETTERS
ITEM NO. 225; C.C.P. 02/08/00
The Department of Public Works has been directed by
Your Honorable Body to file a report stating the estimated
cost to the City of Buffalo entailed in rescinding the fee
charged for reissuing existing Flood Zone Certification
Certificates.
The existing certification certificates must be reissued
pursuant to the official acceptance by the City of the new
FEMA flood hazard maps which are dated August 23, 1999.
The intent of the resolution is to waive the certification fee
for any property owner who can produce the original Flood
Zone Certification Certificate. In those cases, no further
record search or investigation will be necessary and any cost
to the City will be minimal. We expect to issue approximately
125 new letters of map amendment, and therefore, total
revenue lost by the waiving of this fee would be $5,000.00.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 31
FINAL CONSTRUCTION COSTS
SHEA'S PERFORMING ARTS CENTER
STAGE EXPANSION PROJECT
At the Council meeting of February 22, 2000 Your
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00-0307.txt
Honorable Body requested a breakdown of the final
construction costs for the Shea's Performing Arts Center
Stage Expansion Project. These costs are as follows:
$ 481,775.00 Contract 102Demolition
USA Remediation Services, Inc.
$ 2,312,129.00Contract 103General
Construction
C. H. Byron Co., Inc.
$ 2,393,895.00Contract 104Masonry
Alpha Masonry Construction Co., Inc.
$ 1,447,862.00Contract 105Structural Steel
Alp Steel Corp.
$409,970.00Contract 106Miscellaneous
Metals
Alp Steel Corp.
$359,445.00Contract 107Roofing
Progressive Roofing, Inc.
$106,232.00Contract 108Windows &
Entrances
Krug's Glazing Services, Inc.
$487,749.00Contract 109Carpentry, Drywall,
Ceilings,etc. Boxhorns-Division of Huber Const.
$74,536.00Contract 110Flooring
Custom Carpet Centers
$85,644.00Contract 111Wall Finishes
Sigma Painting of NY, Inc.
$494,091.00Contract 112Rigging
J. R. Clancy, Inc.
$96,119.00Contract 115Elevators
Schindler Elevator Corp.
$441,989.00Contract 116Plumbing
A. Gareleck & Sons, Inc.
$216,979.00Contract 117Fire Protection
Allied Fire Protection Systems, Inc.
$ 1,209,962.00Contract 118H.V.A.C.
Joseph Davis, Inc.
$ 2,104,561.00Contract 119Electrical
Frey Electric Construction Co., Inc.
$12,722,938.00TOTAL
REFERRED TO THE COMMITTEE ON FINANCE
NO. 32
NIAGARA STREET RECONSTRUCTION
AND STREETSCAPE FROM ONTARIO ST.
TO VULCAN STREET
The Department of Public Works requests Your Honorable
Body to approve resolution authorizing the Commissioner to
apply for an occupancy and work permit from New York
State
Thruway Authority (NYSTA) for reconstruction of Niagara
Street and enhancement of the Niagara Street overlook area
adjacent to the 1- 190 at Riverside Park, between Ontario
Street and Vulcan Street.
Funding for this project is as follows:
$ 797,000-NYSTA
$ 425,000-NYS/Dept. of Transportation, Multi-Modal
Program
$2,500,000- Public Works Capital Project Account
#34310606
The project is currently in final stage of design and it is
anticipated that construction will start by July, 2000 with a
completion date of November, 2001.
Mrs. Lotempio Moved:
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00-0307.txt
That the above communication from the Commissioner of
Public Works dated March 2, 2000, be received and filed;
and
That the Commissioner of Public Works be, and he hereby
is authorized to apply for an occupancy and work permit
from New York State Thruway for reconstruction of Niagara
Street and enhancement of the Niagara Street overlook area
adjacent to the 1-190 at Riverside Park, between Ontario
and Vulcan Streets.
Passed.
Ayes-12, Noes-0.
NO. 33
569 & 573 FOREST - PROPOSED OFF-STREET PARKING
The Common Council has requested a report from this
department regarding the demolition of the referenced
property and the work that we are proposing for 1104
Elmwood Avenue as part of our parking lot project.
Prior to the demolition of 569 and 573 Forest, the
emergency exit from the second floor of 1104 Elmwood
exited onto a concrete ramp that was partially located on the
573 Forest Avenue address. This was a legal exit under the
New York State Building Codes.
After the demolition of the building, the exit ramp no longer
met code requirements, and the back wall of 1104 Elmwood
as exposed to weather conditions. 1104 Elmwood had a
common wall with 573 Forest. The wall of 1104 Elmwood
was built to be an inside wall and was constructed with
interior speed tiles which are not weather resistant.
We also met with local residents, the Preservation Board
and the Zoning Board. As a result of those meetings we
included a plan to consolidate the placement of dumpsters
behind various storefronts on Elmwood at Forest, and to
construct an "Evergreen" retaining wall on the west side of
the parking lot to screen the lot from the local residences.
After questions were raised at the Common Council
meeting of February 22, 2000, I asked the Corporation
Counsel for his opinion as to whether or not the seller of 573
Forest, or the demolition contractor could be held
responsible for the necessary improvements to 1104
Elmwood. He indicated that he had serious questions as to
whether either party could be liable.
As currently designed, the following items constitute the
major components to this project:
Construction of parking lot including grading, placement of
stone and asphalt, driveway approaches, stripping and
lighting. Consolidation of dumpster spaces. Replacement of
concrete exit ramp from 1104 Elmwood (west side of
building) with a metal fire escape on the south side of
building. Weatherproof existing interior speed tile wall at
1104 Elmwood. Construction of "Evergreen" retaining wall
on the west side of the new parking lot. Ornamental brick
columns and entrance signage.
This project is scheduled to be bid on March 15, 2000 and
reported to the Council on March 21, 2000. If any changes
are desired, I request that we be notified as soon as possible
so that we could delay or postpone the bid.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 34
VARIOUS PROPERTY ACQUISITIONS &
SALESITEM #24, C.C.P. FEBRUARY 22, 2000
The Common Council has asked for a report from this office
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regarding the City's purchase of 569573 Forest Avenue, and
695-703 Main Street. A report was also requested for the
City's sale of 2930 and 2950 Bailey, 1731-1733 Seneca and
497 Southside, which formerly housed police precincts and
currently house fire stations.
569-573 Forest Avenue
This department did not have any direct involvement in the
purchase of the property. We did receive an inquiry from
former North District Council Member Dale Zuchlewski as to
our opinion if the site, was large enough to accommodate a
parking lot. Our reply was affirmative. We also received a
request from the Director of Real Estate, inquiring as to our
desire regarding the demolition of current structures on the
site, and our estimated cost of such a demolition. We
advised the Director that we would prefer to have the sellers
demolish all structures, and that we estimated the demolition
work at $100,000, due to our bidding requirements,
mandatory asbestos survey, and cost of remediation. After
the site was acquired and demolition's completed, we began
design of the new parking lot which should be bid in March
2000.
695-703 Main Street
This department did not have any direct involvement in the
selection of this site or the purchase of the property. It is my
understanding that the Common Councils Police
Reorganization Committee selected this site for the new "B"
District police precinct, and that the Common Council
authorized the Comptrollers Real Estate Division to acquire
the property. After acquisition, this department began the
designing of the new facility.
2930 and 2950 Bailey Avenue and 1731-1733 Seneca
Street, 497 Southside Parkway
After completion of the "A" District and "E" District police
precincts, the Comptroller began discussions on what should
be done with the referenced buildings. The Comptroller
contacted this department requesting our thoughts on future
City uses for these buildings, and our estimates for repairs.
We notified the Comptroller that capital improvements
necessary at these locations would be immense and quite
costly. We also noted that we were not certain if required
maintenance was cost effective. We also notified the
Comptroller that there would be a need to either retain
firehouses at these locations or to find alternate locations
which would be suitable to the Commissioner of Fire.
This was the only involvement of this department in this sale.
Recommendations
This department concurs with the Corporation Counsels
recommendations for future property acquisitions,
particularly a requirement that a Phase I environmental
assessment be conducted.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF POLICE
NO. 35
BUFFALO POLICE DEPARTMENT OVERTIME & COURT
TIME EXPENDITURES
Overtime
Page 23
00-0307.txt
Fiscal
Year
Requested
Budgeted
Actual Hours
00-01
5,400,000
99-00
5,400,000
5,175,000
98-99
5,400,000
5j05,000
5,289,913
155,229
97-98
5,096,000
5,042,202
6,042,341
173,681
96-97
5,448,540
5,096,000
6,323,715
195,104
Page 24
00-0307.txt
Court
Time
Fiscal
Year
Requested
Budgeted
Actual
Hours
00-01
3,400,000
99-00
3,000,000
2,711,442
Page 25
00-0307.txt
98-99
2,400,000
2,395,000
3,'032
131,691
97-98
2,383,900
2,203,650
3,087,118
134,142
96-97
1,904,000
1,904,000
2,436,012;:
113,620
Note *, Estimated 'actuals" for current fiscal year are
projected as follows.
Overtime - $5, 030.000
Court Time , $3,223,500
REFFRRED TO THE COMMITTEE ON BUDGET
NO. 36
DRUG ASSET FORFEITURE CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00111281 C2-99-0119 1,1169.35
9155-00111283 C2-99-0121 1,374.55
8155-00111237 C2-99-0025 2,052.00
8155-00111275 C2-99-0005 4,586.40
8155 -00111335 C2-99-0093 5,097.25
8155-00111323 C2-99-0093 5,674.70
TOTAL DEPOSIT $19,954.25
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration. (DEA).
The checks were received by this Department and duly
deposited in the Trust & Agency Account,
#20010000-389001. These funds will be placed into one or
more of the following accounts as deemed by the
Commissioner of Police:
Educational Training/Seminar
Confidential Funds
Materials and Supplies
Firearms and Weapons
Communications and Computers
Electrical Surveillance
Purchase of Services
Improvements
Vehicles
Operating Equipment
If you have any questions regarding the above mentioned,
please contact Inspector John Brill at 851-4514.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 37
ILLEGAL PARKING
HANDICAPPED SPACES/PARKING METERS
Page 26
00-0307.txt
Please be advised that item 4239 CCP Feb 8, 2000,
concerning illegal parking at designated handicapped
spaces/city parking meters has been received and reviewed.
REVEIWED TO THE COMMITTEE ON LEGISLATION
NO. 38
RE-ESTABLISH DELI TASK FORCE
In response to correspondence received from your
office dated February 9, 2000 requesting comments and/or
recommendations on the re-establishment of a Deli-Task
Force, please be advised that the request was not received
by my office until February 17, 2000, the date your office had
requested a response.
I have directed the Chief of Detectives, Philip Ramunno, to
explore avenues to prepare for enforcement efforts and the
involvement of other agencies to accomplish this task.
In the past, the Deli-Task Force was successful in
addressing illegal activity being conducted at Delicatessen's
. However, due not only to staffing problems, but contractual
restrictions and legal issues, the Buffalo Police Department
unfortunately had to cease its efforts in this area of
enforcement. Please be assured that we will work within the
confines of the restrictions before us to move forward with
re-implementation of the Task Force.
RECEIVED AND FILED
NO. 39
CERTIFICATE OF APPOINTMENT
***STATUS CHANGE ONLY***
Appointment Effective: February 18, 2000 in the
Department of: Police to the Position of: Police Captain
Permanent Appointment at the Flat Starting Salary of: $
64,801
Michael S. Leggio, 93 Hubbardston Place Amherst, N.Y.
14228
Henry E. Baranski, 84 Reo Avenue, Cheektowaga, N.Y.
14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 40
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 18, 2000 in the
Department of: Police to the Position of: Police Captain
Contingent Permanent Appointment at the Flat Starting
Salary of: $ 64,801
Mark Makowski, 185 South Lane, Island, N.Y. 14072
Patrick W. Reichmuth, 9 In the Woods Lane, West Seneca,
N.Y. 14224
Patrick G. Mann, Jr., 20 Falconcrest Lane, Orchard Park,
14127
Arturo Salas, 297 West Avenue, Buffalo, N.Y. 14201
Philip M. Serafini, 54 Nina Terrace, West Seneca, N.Y.
14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 41
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 18, 2000 in the
Department of: Police Division of to the Position of:
Detective Permanent Appointment at the Flat Starting Salary
of: $ 50,635
Noreen E. Walsh, 125 Central Blvd., Cheektowaga, N.Y.
14225
Page 27
00-0307.txt
Christopher R. Dates, , 84 Linden Avenue, Buffalo, New
York 14216
Robin A. Bridges, 52 Easton Avenue, Buffalo, New York
14215
Karyn Carney, 180 Geary Street, Buffalo, New York 14210
Joyce M. Solomon., 99 Brinkman, New York 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 42
CERTIFICATE OF APPOINTMENT
Appointment Effective in the Department of: Police
Division of to the Position of: Detective Contingent
Permanent Appointment at the: Flat Starting Salary of $
50,635
Rose E. Hunter, 464 Delta Road, Amherst, N.Y.14226
Darlene C. Coplin, 268 Garden Parkway, Williamsville, N.Y.
14221
Thomas J. O'Brien, 4080 Loring Avenue, Blasdell, N.Y.
14219
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 43
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 18, 2000 in the
Department of: Police to the Position of: Police Inspector
Contingent Permanent Appointment at the Flat Starting
Salary of: $ 71,307
David J. Andrews, 121 S. Pontiac St., Buffalo, N.Y. 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 44
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 18, 2000 in the Department
of: Police to the Position of: Police Lieutenant Permanent
Appointment at the Flat Starting Salary of: $ 56,560
Guy T. Zagara, 651 Indian Church Road, West Seneca, N.Y.
14224
Timothy S. Downs, 3961 Nottingham Terrace, Hamburg,
N.Y. 14075
Joseph K. Pierchala, 145 Stratfrod Road, Buffalo, N.Y.
14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 45
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 18, 2000 in the
Department of: Police to the Position of: Police Lieutenant
Contingent Permanent, Appointment at the Flat Starting
Salary of: $ 56,560
D. Rieman, 43 Wichita Road, West Seneca, N.Y. 14224
Amy 1. Marracino, 1398 Cleveland Drive, Cheektowaga,
N.Y. 14225
J. Ososki, 35 Joanie Lane, Amherst, N.Y. 14228
Thomas J. Leatherbarrow, 15 Pine Court North, West
Seneca, N.Y. 14224
Richard Bonarek, 140 Cardinal Lane, Grand Island,
N.Y.14072
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 46
CERTIFICATE OF APPOINTMENT
Page 28
00-0307.txt
APPOINTMENT EFFECTIVE February 21, 2000 IN THE
DEPARTMENT OF Fire DIVISION OF Fire Communications
TO THE POSITION OF Communications Electrician at the
Permanent appointment $27-505 - 31,589
Starting salary of $31,485
Ronald Lotempio , 359 South Ogden Buffalo, 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 47
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 21 2000 IN THE
DEPARTMENT OF Fire DIVISION OF Fire TO THE
POSITION OF Fire Alarm Dispatcher permanent promotion
FLAT Starting salary of : $54,863
James Piepszny, 4625 Queens Court, Hamburg, 14075
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 48
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 21, 2000 IN THE
DEPARTMENT OF: Fire DIVISION OF: Fire TO THE
POSITION OF Fire Lieutenant permanent contingent
promotion at the flat Starting salary of $53,314
Gregory Rapp, 292 Clark St, Tonawanda, 14223
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 49
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE February 21, 2000 IN THE
DEPARTMENT OF Fire DIVISION OF: Fire TO THE
POSITION OF Fire Lieutenant permanent promotion at the
flat Starting salary of $53,314
Joseph Victor, 1931 Transit Rd, Elma, 14059
Daniel Flaherty, Jr., 88 Vegola, Cheektowaga, 14225
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 50
INFO-ESTABLISHING MBE/WBE PARTICIPATION
MINORITY BUSINESS ENTERPRISE COMMITTEE
REPORT
Following up on committee item number 1, "Determine if
there is a compelling state interest for establishing
MBE/WBE participation requirements," CCP, 11/3 0/99, No.
15 1, 1 called the New York- State Department of Economic
Development and spoke with Robert Ryan of its counsel's
office. I asked him whether the City of Buffalo could now join
in the 1992-93 state disparity study and Mr. Ryan stated that
he was not familiar with any other municipality joining in the
state's study, or even having their own participation goals
(aside from New York City and Syracuse, which predate the
state's). He could not advise on Buffalo relying on the state
wide disparity study, since the standard to establish a
compelling government interest may require a narrower
geographic focus (such as die City, county-wide or regional)
to justify, Buffalo adopting participation goals. This is
consistent with the Law Department's earlier communication,
CCP, 12/14/99, No. 44 (committee item number 2), which
doubted whether a statewide study would be sufficiently
specific to satisfy the compelling governmental standard for
the city's action.
Mr. Ryan also asked for the legal authority for the City to
Page 29
00-0307.txt
enact participation goals, as the New York State has
pursuant to Executive Law 310, 313 to authorize state
agency participation goals. I explained that our efforts was
toward adopting a local ordinance establishing such goals,
but I could not point to state statutory authority for such
goals.
REFERRED TO THE COMMITTEE ON MINORITY
BUSINESS ENTERPRISE COMMITTEE
NO. 51
INFO-CONTACTS ENTERED INTO BY LAW DEPT.
This is in response to your request for a written report
regarding contracts entered into by the Law Department.
The Law Department expends approximately $400,000
annually for title searches necessary to foreclose on property
at the annual In Rem Foreclosure Auction. Every April, a
Request for Proposals is issued and bids are received from
individuals and companies interested in performing title
searches for the City. To create competition, keep bids low
and assist small businesses, the law Department divides and
awards the searches between ten (10) to fifteen (15)
different companies annually. A number of years ago,
Belinda L. Grant d/b/a Best Title Services was assisted by
the Corporation Counsel in establishing her own title search
company. For a number of years, including this year, the
Law Department has awarded a contract to this firm based
upon her bid and the volume of searches she is able to
perform. In 1999, the firm was awarded approximately 200
searches. The other firms that receive bids are primarily
small locally owned title search companies. The large title
companies in the area have expressed little interest in
bidding over the years. A few years ago, an official of the
Minority Bar Association was contacted to see if any of their
members were interested in doing title search work. No
interested firms were identified through that effort.
The Law Department performs almost all of its legal work
in-house. On occasion, outside legal counsel is retained in
instances where unique or specialized skill is needed in a
particular legal matter or a conflict of interest exists. In
instances where a specialized skill is necessary, outside
counsel with that skill is identified and retained on a case by
case basis without a formal RFP. For example, attorney
Dennis Whittlesey, a nationally recognized lawyer, who
specializes in Indian gaming law, was hired to assist the City
in negotiations with the Seneca Nation. In most conflict
cases, the law allows an individual employee, such as a
police officer, to select counsel of his or her own choosing at
City's expense. This past year, retained Adam Perry, Esq. to
represent the City in a case brought by former Police
Commissioner Gil Kerlikowske seeking back vacation pay.
Mr. Perry is counsel to the Buffalo Urban League and a
partner in the law firm of Hodgson, Russ, Andrews. and
Goodyear. In addition, some legal services utilized by this
budget line are specialized labor counsel assisting in
negotiations with the Buffalo Teachers Federation and
Buffalo Police Benevolent Association to settle major labor
contract disputes. These counsel are usually retained upon
the recommendation of the Division of labor Relations. The
City spends approximately $175,000 annually on outside
counsel fees.
If you have any questions or need anything further, please
do not hesitate to contact me.
REFERRED TO THE MINORITY BUFFALO ENTERPRISE
Page 30
00-0307.txt
COMMITTEE
FROM THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
NO. 52
CITY EMPLOYEES OR RELATIVE(S) OF CITY
EMPLOYEE RECEIVING REHAB. LOAN OR NEW
HOUSING LOANS
Ward Scardino 13 Toledo Place Buffalo New York
14216-1119 Ward Scardino's cousin, John Scardino, is
employed by the Streets Department.
Mary Smith 439 Wohlers Avenue Buffalo New York 14208
Ms. Smith is employed by the Board of Education as a Food
Service Worker.
Maria Vazquez 119 Herkimer Street Buffalo New York 14213
Mrs. Vazquez is Housing Specialist with West Side NHS and
is purchasing a home with the Down Payment Closing Cost
Assistance Program.
RECEIVED AND FILED
NO. 53
DOWNTOWN SPECIAL DISTRICT
PROPOSED VENDING SITE MAP 2000-2001
Please be advised that I am submitting the attached map
of proposed vending sites for the Downtown Special District
year 2000-2001 from Buffalo Place Inc. Also, see attached
cover letter for proposed revisions to the 19992000 map.
REFERRED T0 THE COMMITTEE ON FINANCE AND
BUFFALO PLACE
NO. 54
IN-REM PROPERTIES
HABITAT FOR HUMANITY
RETURN 98 AND 100 GREY STREET
ITEM #21, C.C.P. 12/26/95
n the above referenced item your Honorable Body
approved the transfer of 98 and 100 Grey Street along with a
number of other vacant lots on Grey Street to Habitat for
Humanity. The transfer was completed through the Urban
Homestead Program. The terms of the transfer required
Habitat to construct housing within a specified time limit.
We have been informed by Ron Talboys, President, Habitat
for Humanity, that due to several large trees on site at 98
and 100 Grey Street,(which limits access, restricts storage
and maneuverability of equipment), they would like to return
98 and 100 Grey Street to the City of Buffalo.
I am recommending Your Honorable Body to approve the
transfer of 98 and 100 Grey Street from Habitat for Humanity
to the City of Buffalo, I am further recommending that the
Corporation Counsel be authorized to prepare or accept the
necessary documents for the transfer of title.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 55
LEGISLATIVE HEARING ON HICKORY
WOODS
ITEM NO. 25, C.C.P. FEBRUARY 8, 2000
The Department of Community Development responds to
the Common Council's most recent request regarding
ongoing environmental evaluation in the Hickory Woods
neighborhood.
Please be advised that this Department provided a
Page 31
00-0307.txt
discussion of USEPA, NYSDOH and the City efforts in a
lengthy filing with the Council on February 17th.
In summary, regarding the two outside agencies, USEPA,
acting as the agent of NYSDOH, is currently designing an
environmental study plan for the neighborhood. The City
Office for the Environment has no information of substance
regarding these agencies beyond which it has already made
available. USEPA is unable to provide new information at
this time. When the plan is formalized and made public in
early March, the Common Council will be provided a copy.
In the meantime, Office for the Environment personnel
continue to be available to respond to any further specific
Council questions regarding Hickory Woods concerns.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 56
MONTHLY REPORT OF LICENSES ISSUED IN
JANUARY 2000.
I am respectfully submitting the enclosed report of licenses
issued in the month of January 2000 by the Department of
Inspections, Licenses and Permits.
RECEIVED AND FILED
NO. 57
MARTIN LUTHER KING JR. PARK
PERMISSION TO HIRE CONSULTANT
ITEM NO. 57 , C.C.P. 11/30/99
We are requesting permission of your Honorable Body to
hire a consultant to develop a Master Plan for Martin Luther
King Jr. Park.
Funds for this work are available in Bond Fund Account
3001946 (200-717037) .
REFERRED TO THE COMMITTEE ON FINANCE
NO. 58
SECOND HAND DEALER/FLEA MARKET
396 ABBOTT
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attache(
application for a econd Hand Dealer/Flea Market License
located at 396 Abbott and find that as to form it i: correct. I
have caused an investigation into the premises for which
said application for a Second Hand Dealer/Fle; Market
License is being sought and according to the attached
reports from the Zoning Office, Fire Department am Building
Inspector, I find it complies with all regulations and other
applicable laws. I have caused and investigatioi by the
Police Department into the moral character of Maureen
Davis. The attached thereto for Maureen Davis dtb/,
Maureens Simple Pleasures located at 396 Abbott. This
request is submitted for your approval or whatever action
you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 59
APPT SENIOR PLANNER INTER AMMENDED
Appointment Effective February 14, 2000, in the
Department of
Community De4velopment, Division of Planning to the
Position of Senior Planner, Provisional Appointment at the
Intermediate (Step 3)
Starting Salary of $ 37,778.
Thomas A. Chwalinski, 285 Abby Street, Buffalo, NY14220
Page 32
00-0307.txt
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 60
BROADWAY MARKET FINANCIAL ISSUES
ITEM #156, C.C.P. 2/22/2000
We are looking closely into the matter and will report back
as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 61
C. HARTMAYER, NFTA-METRO'S GREENBACK PLAN
ITEM #59, C.C.P. 2/22/2000
Steve Miska of the Division of Labor Relations is already
taking applications for the Greenback Plan. Interested
employees should contact him at x5904.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 62
GENERAL FUND GAP SHEET - SECOND QUARTER
1999-2000
Under tills cover please find the City's General Fund gap
sheet for the second quarter of FY 1999-00. The gap sheet
projects a negative fund balance of $3.807 million for the
1999-00 fiscal year. It Should be noted that tills estimate is
based upon Information currently available to the Budget
Office. Below is a summary of significant variances from tile
1999-00 budget.
Total revenues and resources are Currently projecting
essentially at budget. However, there are several variations
from budget that are noteworthy. Other Tax items are
projecting $785 thousand below budget due to a continuing
downward trend In Class I Utility Tax ($600 thousand) and
Interest and Penalties oil Delinquent Property Taxes are
down nearly $200 thousand as a result Of accelerated
In-Rem. Of Course, Hurd Aid was eliminated from the State
budget and Consequently the gap sheet reflects the loss of
$834 tfrom this Source. Resources were increased by
slightly over $ 1 million using the 1998-99 fund balance.
Increased appropriations were necessary because of two
large settlements, and a host of smaller ones, which
depleted the judgement and claims account. Several other
increased appropriations will be Corwarded to your
Honorable Body soon to deal
with shortfalls in the Tax Adustment Fund, the BMHA deficit,
Judgement and Claims and Outside legal service costs.
Property tax revenue and other revenues continue to be
projected at budgeted amounts in this report due to a lack of
any new Information that would Induce a modification of our
original assumptions. The only exception is Sales Tax, which
is projected to exceed budget by $458 thousand.
Interfund Transfers out has been increased by $0.85 million
because we are treating funds moved From the Reserve for
Capital Improvements and the Planning for Capital Projects
account as transferred funds and not as expensed (see the
General Citv category under the Exempt Items heading).
These funds are ultimately expensed from bond accounts.
Expenditures are projected to exceed budget by $3.717
million. Personal services are up $1.0 million. Overtime is
projecting up $1 .84 million, longevity payments $927
thousand, court time $452 thousand and perfect attendance
Incentive expenditures are projected to exceed budget by
Page 33
00-0307.txt
nearly $400 thousand. Regular Salaries are showing
approximately $2 million in savings at this time due to strict
attrition control in light of other escalating costs. Supply
Costs are expected to exceed budget by $790 thousand with
gasoline accounting, for $400 thousand of this amount.
Another $300 thousand Is due to several reconstruction
projects at city-owned buildings. Service expenditures, are
also projected to exceed budget by $745 thousand. This new
copy machine contract is expected to increase Our
contractual costs by $430,000 and there were several other
service cost increases associated with Y2K, particularly
maintenance contracts.
I hope this document Informs the Council on this City's
current fiscal condition. If there are any questions, I am
always available to meet with your honorable body.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 63
MAILING OF PROPERTY TAXES DUE NOTICE
ITEM #163, C.C.P. 2/22/2000
We look forward to Tax Division response but cannot
support net increased expenses.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 64
P. YOSIEF & O-PETITION-PARKING FOR
RESIDENTS-BRACO I
APTS. 352-354 FRANKLIN
ITEM #72, C.C.P. 2/22/2000
Referred to PVB and will follow up with Lenny Sciolino.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 65
REQUEST AN UPDATED REPORT-POLICE
DEPARTMENT
ACCOMPLISHMENTS COMBATING DRUGS
ITEM #230, C.C.P. FEBRUARY 8, 2000
Regarding your question if grant funds go into the General
Fund or are they returned to the Police Department, be
advised they go into he General Fund as a departmental
revenue in Police.
Once an award letter is received, the Accounting Division
sets up a Special Revenue account in the 2000 series. They
also set up project ID's for offices assigned to the project. At
no time are offices assigned to more than one project nor
are offices not assigned to the project charged against the
grant.
Since the offices are paid out of the General Fund the
General Fund is reimbursed as a revenue in Police not as an
appropriation.
This Department does not have a copy of the Combat/Gang
Suppression Plan. Please contact the Police Department for
the plan and how it is implemented.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION
NO. 66
APPT. TELLER PERM
Appointment Effective 02/08/00 in the in the Department of
Administration & Finance, Division of Treasury to the
Position of Teller Permanent Appointment at the Starting
Salary of $27,970.00
Jeanette Ruperti, 31 Mariemont, Buffalo, NY 14220
Page 34
00-0307.txt
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
NO. 67
CAZENOVIA PARK GOLF CONCESSION
As authorized by your Honorable Body, this Department
prepared specifications for the Cazenovia Golf Course
Concession. Bids were taken by the Division of Purchasing
The February 15, 2000 bids are as follows:
Shaun Bienik$8,198.
2260 William Street, Buffalo, New Vork 14206
Maritza Miller$4,500.
16 Harding Road, Buffalo, New Vork 14220
We are pleased with the bids, especially with the credentials
of the high bidder Shaun Bienik, and respectfully
recommend award be made to the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 68
APPT PROGRAM COORDINATOR INTER
Appointment Effective: March 6,2000, in the Department of
Human Services , Division of Recreation, to the Position of
Program Coordinator, Non competitive Appointment at the
intermediate Starting Salary of $30,259
Jeffrey Liebner, 207 Whitfield, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
NO. 69
ANNUAL REPORT 98-99 FISCAL YEAR
Enclosed is the Buffalo Sewer Authority's Annual Report
for the 1998-99 fiscal year. If you have any questions or
concerns, or need further information, please contact me at
851-4664, ext. 201.
RECEIVED AND FILED
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 70
SERVICE CONTRACT
Pursuant to the Common Council requested dated
February 23, 2000, I have prepared a list of all personal
service contracts executed during the period 1/1/99/0 -
2/29/00, of which I have a copy
This list contains 6 contracts totaling $93,300.00.
ATTACHMENT
REFERRED T0 THE MINORITY BUFFALO ENTERPRISE
COMMITTEE
NO. 71
INNER HARBOR
As you may know, the community has been discussing the
waterfront project for over 30 years. In the last six years of
the Masiello Administration we have successfully brokered
an inner harbor consensus plan, established the financing
for that plan, broken ground on that project, initiated the
Intermodal Facilities Project (Amtrak Station), designated the
"Dream Team" for private development and established a
process to negotiate a developers agreement (see enclosed
timeline).
We are now at a critical time of the private development
component. Below is a list of the various components of the
Page 35
00-0307.txt
project for your review and consideration:
1. The granting of an easement request which is currently
before you will allow the Corp of Engineers access to the site
to help complete the $27 million inner harbor project.
2. There is a request before you to have the city purchase
with last year's capital budget appropriation of $1.5 million
the Webster Block. This places the And, the inner harbor
parcel and the Webster Block in City Control.
3. We will be submitting to Council a Master Lease
Agreement that will lease the three City parce Is mentioned
above to DDL who in turn, will establish a developers
agreement with the private sector developers. DDI will also
be establishing a Master Lease with the State of New York
(Donavan Building site) and the NFTA (DL&W). This way
DDI establishes one agreement on behalf of all the public
entities with the development team. The DDI Board of
Directors whose representation is attached approved this
approach.
4. The financing plan for the Adelphia component, which will
include stabilization of the Buffalo Sabres as the anchor
tenant for the project, will be negotiated between the public
entities and Adelphia and submitted to the Common Council.
The goal is to finalize these discussions by the end of March.
Once the financing is approved, Adelphia can begin the
pre-development due diligence process of preparing the site
wid designing the building.
5. The Cordish-Benderson-Adelphia partnership is also
calling for the redevelopment of the And as part of an
urban-entertainment project. Cordish has been designated
the lead developer on these negotiations. Once the Adelphia
office building component of the project is secured, the goal
is to quickly follow a proposed financing plan for Council
review on this portion of the project. Similar to the Adelphia
component, the public entities will negotiate a financing plan
and submit it to the Common Council for review. As part of
the urban-entertainment project, a parking ramp is being
proposed for the land adjacent to the And and behind the
Marine Drive Apartment. The parking ramp is necessary to
make the urban entertainment project viable. A 1600 space
ramp is being proposed with the first level dedicated to
Marine Drive Apartment residents so that no parking
relocation will occur. Discussion with the Marine Apartment
residents
association are taking place. The overall financing plan will
include a strategy for the ramp.
Also attached for your information are:
1. Waterfront Development Timeline.
2. Development Downtown, Inc. Board of Directors.
3. A "Development Overview" of the entire project.
4. A "Development Program" Summary of the proposed
private development.
5. Three preliminary development scenarios prepared by the
Cordish Company as a "Master Plan" for the development
project.
I hope this information is helpful to the process. We stand
ready to discuss this project with you at the earliest
convenience.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 72
GRANT ACCEPTANCE
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The City of Buffalo, Records Management Division has
requested and received a Disaster Recovery Grant in the
amount of $9,022. This grant was requested due to the fire
that occurred on the 3rd floor of Buffalo City Hall in the
Department of Community Development. Records
Management was fortunate to receive all funds applicable
under the State Education Guidelines for Records Recovery.
Records Management requested funds to aide the
Department in the defogging and cleaning of approximately
135.5 cubic feet of records, LAN Drop replacements, PC
hard drive cleanups and a portion of the laborer costs
associated with cleaning the offices damaged during the fire.
The Records Management Division is delighted to have
been able to provide assistance to the City of Buffalo
regarding this matter and we look -forward t4Y continued
relations with respect to the City of Buffalo's records needs.
A copy of the Grant Project Application has been attached
for your review.
RECEIVED AND FILED
NO. 73
AMENDMENT TO TELECOMMUNICATIONS LICENSE
AGREEMENT BETWEEN LEDCOR COMMUNICATIONS
INC. ("LEDCOR ") AND THE CITY OF BUFFALO ("CITY")
This letter is prepared further to our telephone
conversation of today's date.
As you know Ledcor has virtually finalized the License
Agreement for the Niagara Street construction. The City
Council approved the Telecommunications License
Agreement ("Agreement") on February 8, 2000. We recently
provided Darrell McPherson with an executed Agreement,
Certificate of Insurance and a cheque representing the
License Fee. Ledcor is waiting for the City to sign the
Agreement and forward a copy of the fully executed
Agreement to us.
At our December meeting we informed you that Ledcor was
also looking at a further build within the City. At that time we
were advised that once an agreement was in place we would
be able to amend the Agreement. We would now like to
negotiate an amendment to our current agreement with the
City to include an additional build.
The proposed build involves approximately 3260 feet. The
central point is 350 Main St.. The proposed route to 350
Main St., is approximately 2400 feet. The route leaves the
CSX rail line, from the New York Thruway to West Genesee
St; W. Genesee St. to Eagle St.; Eagle St. to Pearl St.: Pearl
St., then approximately 150 feet, due south to Main St. The
propose build out of 350 Main St. is approximately 1250 feet.
The route follows Main St., to Church St.; Church St., to
Washington St., where the build would connect with the
existing Williams Build. I have attached a map showing the
proposed build.
Ledcor has approached several other contractors to see if
they have any excess capacity that would provide Ledcor
with a continuous route to and from 350 Main St. and back to
the rail line. However there are no continuous routes
available.
VANCOUVER - EDMONTON - CALGARY - TORONTO -
QUEBEC CITY - SEATTLE - RENO - DENVER - ST. PAUL -
WASHINGTON. D.C
Clough Harbour, our engineers on this Project, is preparing
plans for the proposed route and will submit the plans to the
City Engineering Department by mid March.
Page 37
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Tom Dillon, Staff Manager, Construction Support, is
coordinating this build from our Denver office. Mr. Dillon's
telephone number is (3 )03) 987-1770. If you have any
questions about the route please contact Mr. Dillon directly.
Ledcor is anxious to commence discussions with the City. I
believe that we can negotiate the terins of the amending
Agreement at the same time as the City's Engineering
Department is reviewing the plans for the proposed route.
Please contact me at your earliest convenience to discuss
an amendment to our existing Agreement. Thank you.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE OFFICE OF
TELECOMMUNICATIONS AND THE CORPORATION
COUNSEL
NO. 74
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance
submitted for the following individuals in the various
departments listed below:
L. Nathan Hare-Substance Abuse
RECEIVED AND FILED.
NO. 75
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying
for liquor licenses from the Erie County Alcohol Beverage
Control Board.
AddressBusiness NameOwner's Name
511 ONTARIO STMATTHEW MILLER
RECEIVED AND FILED
NO. 76
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:
Police- Deborah Daniel,
Human Services, Parks/Recreation- Jeffrey A. Liebner
RECEIVED AND FILED.
NO. 77
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.
NO. 78
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 in the Department of Common
Council to the Position of Intern V Seasonal
Non-Competitive at the Flat Starting Salary of $ 8.00
Randolph Paul, 76 Lovering, Buffalo, NY 14216
Appointment Effective: February 2, 2000 in the
Page 38
00-0307.txt
Department of Common Council to the Position of Intern V
Seasonal Non-Competitive at the Flat Starting Salary of $
8.00
Rebecca Kelly, 495 Woodlawn Ave, Buffalo, NY 14208
NO. 79
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 GENERAL SERVICES
Appointment Effective March 1, 2000 in the Department of
General Services, Division of Inventory & Stores to the
Position of Seasonal Laborer II, Seasonal Appointment at
the Flat, Starting Salary of $6.92/hr
Steven Pugliese, 168 Cunard Rd., Buffalo NY 14216
DEPARTMENT OF HUMAN SERVICES
Appointment Effective February 24, 2000 in the Department
of Human Services, Parks & Recreation, Division of Youth,
to the Position of Lifeguard Seasonal Non-Competitive at the
Flat Starting Salary of: $6.25 p/h
Richard Gulczynski 71 Duerestein Buffalo 14210
DEPARTMENT OF POLICE
Appointment Effective February 28, in the Department of
Police to the Position of Crossing Guard Temporary
Non-Competitive, at the Minimum Starting Salary of $6.09
Colleen Arcara, 169 Pries Ave.Bflo., NY 14220
Denise Fronczak, 56 Beatrice AVe., Bflo., NY 14207
Michelle Y. Morgan, 22 Sussex Ct., Bflo., NY 14204
Helene H. O'Hara 596 Lisbon Ave. Bflo., NY 14215
DEPARTMENT OF PUBLIC WORKS
Appointment Effective February 24, 2000 in the Department
of Public works, Division of Buildings to the Position of Clerk
Provisional. Seasonal Non Competitive at the Flat Starting
Salary of $ 5.22
Jacquelyn S. Mott, 57 Chatham Avenue,Buffalo 14216
NO. 80
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 HUMAN SERVICES, PARKS AND
RECREATION
Appointment Effective: February 22, 2000 in the Department
of Human Services, Parks & Recreation Division of Youth to
the Position of Attendant Temporary As Required at the Flat
Starting Salary of: $ 6.00 p/h
David Wassam,4 Elgas, Buffalo 14207
Karen Klemowski, 66 Wiley, Buffalo 14207
Eileen O'Rourk, 39 Coronada, Buffalo 14220
Joseph McAndrews, 32 Garvey, Buffalo 14220
Anthony Wagner, 7 Zittel, Buffalo 14210
LaTisha Turner, 21 Gesl, Buffalo 14214
Darryl Gaiter, 77 Parkside, Buffalo 14214
Appointment February 22, 2000 in the Department of
Human Services, Parks & Recreation Division of Youth to
the Position of Attendant Temporary As Required
at the: Flat Starting Salary of: $ 6.00 p/h
Page 39
00-0307.txt
Rose Marie Cich 936 South Park Buffalo 14210
Patrick Richards 651 Fulton Buffalo 14210
Luz Morales, 850 South Park, Buffalo 14210
James Pendziwiatr, 39 Owahn, Buffalo 14210
Fanta Smith, 145 St. Louis, Buffalo 14211
Joseph Zon, 129 Military, Buffalo 14207
Patricia Schultz, 9 Heward, Buffalo 14207
Appointment Effective: February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Attendant Temporary
As Required at the Flat Starting Salary of: $ 6.00 p/h
Rebecca Harzewski, 73 Vernon, Buffalo 14214
Julien Baldwin, 126 Humboldt, Buffalo 14214
Andrea Whaley, 86 Hawley, Buffalo 14213
Helen Sciolino, 30 Tremont, Buffalo 14213
Kristy Tocknell, 149 Arkansas, Buffalo 14213
Martinique Moses, 208 Hazelwood, Buffalo 14215
Appointment Effective: February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Attendant Temporary
As Required at the: Flat Starting Salary of: $ 6.00 p/h
Kita Williams, 122 orange, Buffalo 14204
JoAnn Nicpon, 45 Titus, Buffalo 14212
Dexter McDuffie, 264 Peckham, Buffalo 14206
Darius Huff, 76 Sussex, Buffalo 14215
Sherry Gibson, 29 Newton, Buffalo 14212
Wendy Grucza, 26 Thomas, Buffalo 14206
Mary Geraci, 29 Elam, Buffalo 14214
Appointment Effective: February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Attendant Temporary
As Required AT the: Flat Starting Salary of: $ 6.00 p/h
April Nicastro, 252 Massachusetts, Buffalo 14213
David Shamrock, 86 Commonwealth, Buffalo 14216
Darlene Martin, 258 Sobieski, Buffalo 14211
Amina Zinnerman, 23 Girard, Buffalo 14211
Andrei Finch, 167 Hughes, Buffalo 14208
Peter Botticelli, 316 Normal, Buffalo 14213
Frances Gonzalez, 7B Jasper Parrish, Buffalo 14207
Appointment Effective: February 22, 2000, in the
Department of Human Services, Parks & Recreation,
Division of Youth to the Position of Attendant Temporary
As Required at the: Flat Starting Salary of: $ 6.00 p/h
Maria Lopez, 337 Niagara, Buffalo 14201
Angeline Cipolla, 8 Hertel # 604, Buffalo 14207
Clarissa Vasquez, 57 Ketchum, Buffalo 14213
Kevin Mathewson, 47 Pavonia, Buffalo 14207
Charles Huff, 76 Sussex, Buffalo 14215
Deloris Melson, 53 Moselle, Buffalo 14211
Renee Robinson, 196 Sycamore, Buffalo 14204
Certificate of Appointment
Appointment Effective: February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Attendant Temporary
As Required at the Flat Starting Salary of: $ 6.00 p/h
Nicholas Heidinger, 172 Alabama, Buffalo 14204
Mark Sumbrum II, 19 Rutland, Buffalo 14220
Melissa Sibley. 370 Katherine, Buffalo 14210
Caitlin Bogucki, 15 Wasson, Buffalo 14210
Stephen Kolano, 635 Amherst, Buffalo 14207
Donna Haeick, 169 Brinton, Buffalo 14216
Appointment Effective February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
Page 40
00-0307.txt
of Youth to the Position of Attendant Temporary
As Required at the Flat Starting Salary of: $ 6.00 p/h
Beverly Semenow, 453 Amherst Buffalo 14207
Benjamin Smith 401 Delaware Buffalo 14201
Rosie Woodfork, 236 Bissell, Buffalo 14211
Helen Gaiter, 77 Parkside, Buffalo 14214
Arthur Nowak, 50 Inwood, Buffalo 14209
Pamela Stoddard, 18 Klaus, Buffalo 14206
Appointment Effective: February 24, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Attendant Temporary
As Required at the Flat Starting Salary of: $ 6.00 p/h
Patrick O'Sullivan, 201 Summit, Buffalo 14214
Appointment Effective: February 29 , 2000, in the
Department of Human Services, Parks & Recreation,
Division of Youth, to the Position of Attendant, Temporary,
As Required, at the Flat,
Maureen Smith, 14 Brost, Buffalo 14220
Appointment Effective: February 28,2000 in the
Department of Human Services Division of Parks to the
Position of Assistant City Forester Provisional Appointment
at the Minimum Starting Salary of: $25,159
Andrew Rabb, 42 Zelmer, Buffalo 14222
Appointment Effective in the Department of Division of
to the Position of, February 22, 2000 Human Services, Parks
and Recreation Division of Substance Abuse Services
Reimbursement Specialist Provisional Appointment at the
Minimum Starting Salary of : $26,258
Anthony D. Draffin, 133 Park St, Buffalo 14201
Appointment Effective: February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Lifeguard Seasonal
Non-Competitive at the Flat Starting Salary of: $ 6.25
Melissa Shaver, 317 Riverside, Buffalo 14207
Sarah Van Alstine, 371 Villa, Buffalo 14216
Maria Matos, 113 Argus, Buffalo 14207
Brandon Banas, 228 Esser, Buffalo 14207
Cristyl Boyer, 435 Amherst, Buffalo 14207
Gary Augustiniak , 302 Kensington, Buffalo 14214
Carl Burdick, 60 Columbus, Buffalo 14220
Appointment Effective: February 22, 2000 in the
Department of Human Services, Parks & Recreation Division
of Youth to the Position of Supervisor Temporary As
Required at the Flat Starting Salary of: $ 6.50 p/h
Felicia Beard, 17 Elmer, Buffalo 14215
Linda Marchese, 191 Hodge, Buffalo 14222
Bernard Pryor II, 50 Jacktram. Court, Buffalo 14209
Melissa Nicpon, 27 Newton, Buffalo 14212
Cynthia Grabowski, 143 Fleming, Buffalo 14206
David Shamrock, 86 Commonwealth, Buffalo 14216
Yvonne Answeeney, 52 O'Connell, Buffalo 14204
Rita Adgate, 1168 Seneca Buffalo, 14210
Carmele Trippi, 26 Woodett Buffalo 14207
Garry Weiss, 914 South Park, Buffalo, 14210
Eileen Eckstein, 106 Eckhert, Buffalo 14207
Kevin Murphy, 94a Alturia, Buffalo, 14220
Cliffie Turner, 109 Pembroke, Buffalo 14215
April Nicastro, 252 Massachusetts, Buffalo, 14213
DEPARTMENT OF LAW
Appointment Effective: 2/28/00 in the Department of Law
to the position of Assistant Corporation Counsel II
Permanent Non Competitive at the: Minimum (Step 1)
Starting Salary of: $ 53,069
Page 41
00-0307.txt
Craig D. Hannah. 35I Winslow Avenue, Apt. #2 Buffalo, NY
14211
Appointment Effective 3/6/2000 In the Department of Law
to the Position of Assistant Corporation Counsel II
Temporary Appointment Non-Competitive at the Minimum
(Step 1) Starting Salary or: $ 53,0.69
Matthew VanVessam, 108 Stevenson Boulevard Amherst,
NY 14226
DEPARTMENT OF PUBLIC WORKS
Appointment Effective: February 28, 2000 in the
Department of Public Works Division of Buildings to the
Position of Building Code Specialist Provisional
Appointment at the: Minimum Starting Salary of: $38,792
Terence Prendergast, 330 McKinley Parkway Buffalo 14220
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 81
INFO COMMERCIAL SLIP- A NEW RESTORATION PLAN.
1. First a bit of project history. In June of 1997 Dr. Bruno
Freschi presented to the Buffalo Common Council a
proposal entitled "Reclaiming Buffalo's Downtown
Waterfront". This included building a large inlet for the
berthing Naval and other ships. Unfortunately It also would
also have resulted in the destruction of over 200' of historic
Commercial Slip.
As a consequence the public raised strenuous objections
and the Common Council's report listed I I recommendations
to the effect that much greater attention be paid to the
historic aspects of the site.
The management of project design became the
responsibility of the Empire State Development Corp.
(ESDC) which responded to the Common Councils
recommendations with a major project revision. A "Replica"
Canal slip would be built alongside the original which would
remain buried Unfortunately the placement of the new slip
and the Naval Museum overlapped Commercial slip to the
extent that 75% of it still would be destroyed.
After much further discussion ESDC agreed to move the
new work so as not to impinge on the slips walls although
their latest drawing shows some remaining conflicts. Being
buried the slip would be preserved and available for future
reopening. Their plan is to memorialize the slip on the land
above and while this does not reopen the slip it is at least a
major improvement over the 1997 plan.
2. Reopening the Slip.
A goal favored by many is to reopen Commercial Slip
which would become a useful destination for small canal and
lake boats. The CSNYS proposed this at the 1997 hearing,
however its supposition that the slip walls were largely intact
and reusable did not prove to be the case. There was also
the impediment of the Main-Hamburg Drain that was built
near the slips center.
Despite the difficulties a number of schemes have been
proposed for reopening the slip and these include:
a) ESDC estimated that to reopen the slip $3,500,000
would be added to project cost due to the necessity of
removing the Main-Hamburg Drain. Their proposal did not go
into the effect this work would have on the remains of
Commercial Slip or deal with the sewage problem.
b) The Preservation Coalition has proposed a plan
Page 42
00-0307.txt
prepared by the Ryan-Biggs Engineering firm which is
experienced with Canal restoration design. This would
reopen 220' of the slip and reconfigure the drain so that its
top would be about 2' below mean low water level. The slips
stone walls would be restored. Our problem with this is that
there would be insufficient water over the drain for navigation
and restoring the stone walls is very problematic since we
don't know their condition or if they ever existed on some
sections of the slip.
c) We propose building a "New" slip within the confines of
the original whose remains would be left undisturbed. This
slip would be 330' long, 7' deep and 50 to 70' wide or about
10' narrower than the original, of slope wall construction and
would be lined with wooden wharfs as seen in the 1910
photo of the original (photo enclosed). . A 10' depth is
feasible at the river end of the "New" Canal Slip.
3. Commentary on the Reopening Schemes.
A problem common to all three schemes is the lack of
information on what is left of the slip walls Of how they were
constructed or there condition. The archeological dig has
checked 20% of the slips sides but above water only, and
since 3/4 of the walls are below water level only about 5% of
the slips fabric has been observed. How do you plan
restoration when you have very little idea of what you are
restoring? Is building stone walls where there is now little or
no existing walls really restoration?, or preservation? or for
material for a Tom Tole's Cartoon? We suggest further
investigation now starting with the northeast side near the
river.
The "New" Slip Plan avoids the above problem but as is
common to all 3 plans or for that matter any plan that
involves modifying or removing the drain provisions must be
made for dewatering the site and simultaneously providing
for waterflow in and out during construction The drains
fimetion must be maintained except for short periods. The
ESDC and "New" slip plans each allow $650,000 for this, the
PC plan much less., and the adequacy of all three is open to
question. We see no easy solution to this but ideally a
permanent bypass should be built around the slip but its
cost would likely exceed $3,000,000.
Unless an answer is found soon the present ESDC plan
may have to do as it at least preserves the slip by filling it in..
(that is assuming they make a few adjustments to the
locations of the Naval Museum and the Newcanal Slip).. An
example of this sort of preservation is the Eastern Guard
Lock at Schoharie, in a state of collapse in the 1960s it was
filled in and today is relatively intact so the Ryan-Biggs firm
can plan its restoration. It should be noted that unlike the
Commercial Slip Walls the guard lock is in a nearly complete
condition and located largely above water level.
All 3 plans have the merit of eliminating the "Replica"
Canal Slip and so creating more space for other uses.
To sum up the remnants of Commercial Slip must be
preserved since it is eligible for recognition as a National
Historic Site and further that if it is not found to be in a fairly
intact condition that restoration would be more desecration
than preservation. The Department of Interior's regulations
may limit any modifications to the site.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 82
ACCESSIBILITV TO CITY OF BUFFALO LIBRARIES #172
Page 43
00-0307.txt
CCP FEB 22, 2000)
Thank you for forwarding the Common Council
resolution regarding accessibility to City of Buffalo libraries to
me. Since the Board of Trustees will not meet until March
16th, I have discussed the resolution with Board Chair
Rebecca Mahoney in order to respond to the Common
Council before March 2, 2000. Ms. Mahoney and I
appreciate this opportunity to explain the Library's strategic
planning process and thank all members of the Common
Council for their interest in improving the City's branch
libraries.
In November 1998, the Buffalo and Erie County Public
Library received strategic planning recommendations from
Aaron Cohen Associates (ACA), consultants engaged by the
Board of Trustees to help chart the Library's service program
for the new millennium. However, the Board did not adopt
the recommendations; instead, Board members made the
decision to garner input from the community and the political
leadership before making a specific service plan.
Most of 1999 was spent examining the concepts and
suggestions included in the ACA document and meeting with
political leaders, including several Council members, to
discuss the impact of various recommendations and to
consider enhancements to library services.
In January 2000, the B&ECPL initiated the next phase of
the strategic planning process, the presentation of ACA
recommendations to the public with an analysis of the
findings to be completed by the end of summer. Twenty-two
meetings have been scheduled, with the last one planned for
May 9, 2000. The first meeting was held on January 12th
and, to date, a total of nine sessions have been conducted,
five in the City of Buffalo.
In all the community meetings, members of the public have
expressed deep commitment to their neighborhood libraries.
They have suggested retrofitting present facilities as
opposed to new construction. In some areas, community
leaders have described the fragility of the business district
and noted problems posed by vacated buildings. Library staff
and trustees appreciate the fact that many Council members
attended meetings in their districts and heard first-hand their
constituents' support for libraries. The Library is grateful to
the Council members who have indicated a willingness to
identify financial assistance to upgrade the physical
structures of branches in their districts. Ms. Mahoney and I
are especially appreciative of the Common Council's
commitment to make City branches accessible to the
physically handicapped.
However, it would be premature for the Board of Trustees
to provide a definitive response on expected strategic plan
outcomes until all the meetings are completed and the
community response analyzed. It is anticipated that the
Board will adopt a plan in the last quarter of 2000.
If members of the Common Council would like additional
information about B&ECPL's strategic planning process,
please contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 83
TABLED ITEMS ON POLICE REORGANIZATION
I have received Mr. Fisher's letter dated February 28, 2000
regarding items that are currently tabled in the Special
Committee on Police Reorganization. Unfortunately, since I
only just received the letter on February 29, 2000, and Mr.
Page 44
00-0307.txt
Fisher has asked for my formal response by today (March 2,
2000). I have not had sufficient time to review and examine
these issues.
I will tell you that my administration will study and evaluate
these proposals and once completed, I will then be in a
position to issue a formal opinion.
With the above in mind, I thank your Honorable Body for
the courtesy of allowing me ample time to complete my
review on this most important community issue.
REFERRED TO THE COMMITTEE ON POLICE
NO. 84
INFO-TAXI CAB RATES
Please file this matter with the City Council
regarding the issue of "Taxi Cab Rate Increases", to be
reviewed by the proper committee. Thank you in advance.
REFERRED TOT HE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 85
REQUEST POLICY CHANGE LAIDLAW BUS COMPANY
A recent rash of serious crimes have occurred
while the Laidlaw Bus Company dropped off innocent
children from school. The bus company routinely drops
students off at their closet intersection, as opposed to being
dropped off in front of their homes. Resulting in a dangerous
situation. The latest being on February 8, 2000 at the corner
of Northland and Jefferson a young father was shot while
waiting for his children to return home from school. He was
mistaken for a drug dealer. Street corner all around the City
of Buffalo have become storefronts for drug dealer.
We are asking all those involved at this time to petition the
Board of Education and the Laidlaw Bus Company to revise
their policy and drop youngsters off at their homes or at
designated drop off points in the middle of blocks. Resulting
in a much safer and hospitable situation for everyone.
Thank you, your help will be greatly appreciated and we
look forward to your responds in this matter.
REFERRED TO THE COMMITTEE ON EDUCATION,
SUPERINTENTANT OF THE BOARD OF EDUCATION
AND LAIDLAW BUS COMPANY
NO. 86
INFO-COMMITMENT TO CITY OF BUFFALO
Thank you for the opportunity to address issues raised at
your February 15, 2000 meeting. Please let me begin by
assuring you that Rite Aid remains strongly committed to the
City of Buffalo.
Rite Aid's commitment to the Ci1y - Rite Aid entered the
Buffalo market in the late 1970's and opened its first stores
in the downtown retail core. Since then we've developed
many more stores so that today we have 20 stores within the
City limits and an additional 30+ throughout the entire region.
As you can see by the numbers, our aggressive
development efforts have, in no small way, been very
focused in the City. In the past five years alone, Rite Aid has
invested approximately $25 million in city properties with
60% of our stores having state-of-the-art technology and
design. In 1999 Rite Aid's tax bill was almost $765,000.
Other national chains each have only a handful of stores in
the City, preferring to concentrate development in the
suburbs.
Customer Service - Customer service is extremely important
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00-0307.txt
to Rite Aid. Our local workforce of 600, most of whom are
lifelong residents, work very hard to address each customer
concern. Rite Aid and Blue Cross/Blue Shield each have
well-publicized toll-free customer service numbers. Both of
us want members and customers to bring their concerns to
our attention. In Buffalo, Rite Aid has added quality
assurance staff and we are working diligently to hire 20
additional pharmacists, twelve of whom have been hired
thus far.
Modification of store hours - Modifying hours is a common
industry practice, and one that Rite Aid follows in many of its
markets. It happens when a particular store is filling a
smaller than average number of prescriptions and there is
another store in close proximity. Modifying hours in a small
number of stores actually allows us to enhance overall
service because we put resources where they are most
needed (i.e. moving pharmacists to busier locations). Prior to
the change in hours, we posted signs in store windows,
directed customers to the very nearby store locations, and
greatly enhanced our home delivery service by hiring
additional drivers so that there are now eleven, plus
contracting with an outside service willing to deliver
throughout the City. A delivery schedule is enclosed and we
will continue to monitor the store volumes and customer
needs and adjust hours accordingly.
Rite Aid on East Delevan - In response to a council
member's concern that one Rite Aid store on East Delavan
closed before the scheduled time, we have re-trained that
store staff on store closing procedure. In fact, we've taken
the opportunity to reiterate our policy on store closing times
to all of our stores in Buffalo.
Prescription transfer - There was some concern expressed
about how a prescription is transferred from a non-Rite Aid
pharmacy to a Rite Aid pharmacy or from one Rite Aid
pharmacy to another Rite Aid
pharmacy. When transferring a prescription, Rite Aid must
follow New York State law, one of the most stringent in the
country. According to that law, a pharmacist can only
transfer one refill of an original prescription to the store
without phoning the doctor. When Blue Cross/Blue Shield
first changed its network, it took Rite Aid extra time to
transfer prescriptions because our pharmacists were making
many calls to physicians. Most of those transfers have now
been made and we are able to fill patient prescriptions much
faster.
Patient confidentialty - At the February 15 hearing, the issue
of patient confidentiality was mentioned in reference to Rite
Aid's satellite-l inked pharmacy network. I want to assure you
that Rite Aid takes patient confidentiality very seriously. A
patient's prescription information is a personal matter
between the patient, the doctor and the pharmacist. The
sateIlite-linked network simply provides a convenient way for
Rite Aid customers to refill a prescription while travelling, and
has been very well received by our customers. The
prescription information is never shared with anyone other
than a Rite Aid pharmacist.
I also would like to address your specific site concerns.
First, the vacant site at Hertel and Colvin Avenues was sold
in September 1996 to a new owner and Rite Aid no longer
has any legal rights to that site. Second, we are in
negotiations with Save-A-Lot on our closed location at 2160
Gennesee Street and are hopeful we will reach a successful
conclusion shortly.
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Let me reiterate that our commitment to Buffalo remains
strong, not only evident by our strong store base, but also by
our involvement in the community. Rite Aid is a major
supporter of the Children's Miracle Network and all funds
raised by our Buffalo stores through the CMN effort go
directly to the Children's Hospital of Buffalo. Another
example of our involvement is Good Health Solutions, a
year-long program of monthly events focused on critical
health issues that we've developed with Blue Cross-Blue
Shield specifically for the Buffalo market. Two Saturdays a
month we offer free screenings and information on various
health topics at five Buffalo area stores. A downtown store
will always host the free programs, and all Rite Aid stores
offer free information. February's topic was healthy heart and
over 500 free cholesterol screenings were given to Buffalo
area residents. The theme for March is poison prevention
with a free program for parents and their children. Future
themes include breast cancer awareness and smoking
cessation.
I hope this letter provides you with a better understanding
of Rite Aid's ongoing commitment to the city of Buffalo and
all of its residents. Thank you for your time and
consideration. If you or your constituents have remaining
issues, please call our Regional Vice President, Jeff
Hammond, at 743-8091.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 87
SUPPORT ANNIVERSARY EDWARD M. COTTER
FIREBOAT
This responds to your recent letter on behalf of the
Buffalo Common Council, expressing support for the
issuance of a commemorative stamp celebrating the 100th
anniversary of the "Edward M. Cotter Fireboat" in August
2000.
I appreciate the Council's interest in our stamp program.
Each year, the Postal Service receives thousands of
suggestions for new postage stamps. As the number of
stamps we issue is limited, the Citizens' Stamp Advisory
Committee was established in 1957 to review all suggestions
and make recommendations for new stamps to the
Postmaster General. The Committee bases its
recommendations on national interest, historical perspective,
and other criteria.
The Committee decides on new stamp subject
recommendations far in advance of the issue date in order to
provide lead-time for planning, design, production, and
distribution. Currently, the stamp programs for 2000 and
2001 have been completed and stamps for 2002 and
subsequent years are now being considered.
As an alternative, the Postal Service can offer a unique
tribute through a special pictorial cancellation that would be
available at any events planned to commemorate the
100th"anniversary of the "Edward M. Cotter Fireboat." The
application must be made at least ten weeks in advance to
the postmaster of the city where the anniversary event will
take place. Enclosed is additional information about our
pictorial cancellation program.
RECEIVED AND FILED
NO. 88
INFO ON PROGRAM
I must apologize for the failure to air of my program, "The
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Buffalo Busker Presents;" on Sunday, February 13 @ 11
PM. I have enclosed my letter to the BNN station manager
as the explanation for this missed showing. I will be doing
my follow-up correspondence with Adelphia Cablevision as
soon as the needed addresses are obtained.
Again, I apologize for any viewer disappointment, and also
for the need to commit yet another filing.
RECEIVED AND FILED
NO. 89
REQ. LIFT OF BARRICADE IMPOSED ON MEDIA AUDIO
INTERFACES
As of today (March 1, 2000) I am commencing the second
phase of my coverage in documenting City Council public
proceedings. The purpose of documenting these
proceedings is lost if the viewer cannot understand the
speakers on screen. Ambient room sound is totally
inadequate(sic) for a broadcast quality recording.
At this time I must insist that the barricades imposed on
the media audio interfaces be lifted, and media access be
restored as per the RULES OF FAIR USE: PUBLIC
ACCESS TO GOVERNMENTAL PROCEEDINGS*.
Mr. President, please tear down these walls.
*citations available upon request.
REFERRED TO THE CORPORATION COUNSEL.
NO. 90
SAFETY CONCERNS
I believe that this issue falls under your direct area of
influence. Therefor, I am directing this filing to your personal
attention.
Thank you for your attention to this matter.
REFERRED TO THE CORPORATION COUNSEL
NO. 91
DR. D.G. PRZYBYLA
DAMAGES CAUSED BY CONSTRUCTION
OF MACHNICA CENTER
This letter is to serve as a notice of request of repairs or
consideration for reimbursement for repairs and replacement
of broken items to our home/office at 1796 Clinton Street,
Buffalo, New York 14206.
The vibratory forces of pile-driving steel columns for the new
Kaisertown neighborhood community center at 1797 Clinton
Street (directly across my building) resulted with numerous
faults listed as follows:
Temporary and Solvable Complaints:
1. noise so loud as to interfere with office telephone
business transaction
2. static and /or interrupted phone and fax lines in office and
residence
3. vibrations causing bouncing and moving of glasses, china,
washer/dryer, appliances, furniture,
fish tank, and falling of objects off of shelves/counters
4. wall hanged pictures and paintings moving; objects falling
off of walls
5. rattling of windows, walls, and floors
Destructive Forces of Vibrations Resulting in Need Of
Repairs to date:
1. a broken window on second floor
2. a disconnection of roof shingles on office front overhang
3. a disconnection second floor office suspended ceiling
(presently sagged), failing ceiling plaster in bathroom
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4. a depression of concrete driveway along where concrete
adjoins house
5. a resultant loss of expansion Joint in concrete sidewalk
6. a resultant of elevation of concrete slab in front of office
7. a broken new concrete slab in office driveway
8. separation of street to curb asphalt the entire block
between Krakow Street and Kopernik Street on Clinton
Street between Autumnwood Senior Center and Rossitto
Dentist Building
9. loosening of water pipe unions in second floor lavatory
10. loosening of National Fuel gas lines- smell of gas was
detected
11. basement wall waterproof paint fall out 12, wall brick
loosening and fall out seen on Autumnwood Senior Center
building middle and top courses
Other additional discoveries will follow when observed as
construction site development continues. You will be kept
informed.
REFERRED TO THE COMMITTEE ON CLAIMS
NO. 92
BUFFALO COMMUNITY HEALTH
INFO-INSURANCE COVERAGE
Buffalo Community Health (BCH) offers low or no cost health
insurance to uninsured children under the age of 19. As one
of the plans in Erie County to offer Child Health Plus, BCH
serves many residents throughout the City of Buffalo
needing affordable, reliable healthcare for their children.
We are requesting time on the March 14'h agenda to present
this important information for the constituency of the
distinguished Common Council. We feel this information
would benefit a number of youngsters and teenagers in the
City of Buffalo who are without health insurance.
Buffalo Community Health is a not-for-profit corporation
owned by Univera Healthcare, Kaleida Health, and the Erie
County Medical Center. It offers two programs for Erie
County residents: Child Health Plus, a New York
State-sponsored health insurance program for uninsured
children, and PlusMed for people who are eligible for
Medicaid managed care benefits.
Children will benefit from our basic health coverage which
includes primary and specialty care in addition to vision and
dental care. A broad network of participating physicians,
hospitals, and dentists located in Erie County provides these
services.
Enclosed are some additional brochures about our program.
Please call Broderick Cason at 716-857-4464 to discuss this
further. You may also call me at 716-857-6156 if I may be of
further assistance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 93
SPECIAL ELECTION FOR STATE SENATOR
I, NANCY J. SAMRANY, Town Clerk of the Town of Grand
Island, Erie County, New York, do hereby certify that at a
REGULAR meeting of the Town Board of the aforesaid
Town on FEBRUARY 7, 2000 the following action was taken
subject to Town Board approval:
7.From: Councilman Heftka
RE: SPECIAL ELECTION FOR STATE SENATOR
MOTION:It is moved to APPROVE the
following resolution urging the
Governor to set a date for a
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special election to fill the
vacant State Senator seat:
WHEREAS, Anthony Nanula was duly elected Comptroller in
the City of Buffalo to a term that commenced on January 1,
2000 and has resigned his seat in the New York State
Senate as of that date, and;
WHEREAS, his resignation has resulted in a vacancy in the
57th New York Senate district, and;
WHEREAS, the 57th Senate district includes the entire Town
of Grand Island, and;
WHEREAS, the residents of the Town of Grand Island have
been without an elected representative in the New York
State Senate since January 1, 2000, and;
WHEREAS, New York State Law authorizes the Governor to
set a date for a special election to fill such vacancies until
the next general election, and;
WIHEREAS, Governor Pataki has yet to set a date for such
a special election, depriving the residents of the 57th district
from just representation in the New York State Senate, and;
WHEREAS, the Governor has in fact set dates for other
special elections to fill vacancies in other legislative districts,
now;
THEREFORE, be it resolved that the Town Board of the
Town of Grand Island goes on record supporting the
establishment of a special election to fill the current vacancy
in the New York State 57th Senate District at the earliest
date permissible by law, and;
BE IT FURTHER RESOLVED that the members of the
Grand Island Town Board call on Governor Pataki to fulfill
his oath to represent the interests of the people of the 57th
Senate District, and;
FINALLY, BE IT FURTHER RESOLVED that a certified copy
of this resolution be sent by the Town Clerk to Governor
Pataki, the Western New York State Legislative Delegation
and to the Clerks in the City of Buffalo, City of Niagara Falls
and City of Tonawanda, which are also located within the
57th Senate District.
MOVED:Heftka
SECOND: Rustowicz
ROLL CALL: Ayes:Heftka, Rustowicz, McMahon
Noes:Cooke, Crawford
CARRIED
I do further certify that the members of the Town Board are
as follows: Peter A. McMahon, Supervisor; Mary S. Cooke,
Councilwoman; Richard W. Crawford, Jr., Councilman;
Michael E. Heftka, Councilman; and Kevin M. Rustowicz,
Councilman.
IN WITNESS WHEREAS, I have hereunto set my hand and
the Seal of the Town of Grand Island, Erie County, New York
the 18TH day of February 2000.
RECEIVED AND FILED.
NO. 94
SPECIAL FRANCHISE ASSESSMENTS
I, NANCY J. SAMRANY, Town Clerk of the Town of Grand
Island, Erie County, New York, do hereby certify that at a
REGULAR meeting of the Town Board of the aforesaid
Town on FEBRUARY 7, 2000 the following action was taken
subject to Town Board approval:
1. From: Supervisor McMahon
RE: RESOLUTION FROM ASSOCIATION OF ERIE
COUNTY GOVERNMENTS
SPECIAL FRANCHISE ASSESSMENTS
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MOTION:It is moved to endorse the Erie County Association
of Governments resolution regarding special franchise
assessments and to ADOPT an identical resolution and
forward it to Governor Pataki and to State Assemblyman
Hoyt:
WHEREAS, the New York State Office of Real Property
Service sets the Special Franchise Assessments and the
New York State Board of Real Property Service approves all
Special Franchise Assessments across the State of New
York and
WHEREAS, the 25 Towns, 16 Villages and 3 Cities of the
Association of Erie County Governments receive their cable
television franchise fee payments with the amount of such
fee deducted from the special franchise assessment in
essence receiving tax free status from our communities, and
WHEREAS, pursuant to Article 6 of Section 626 of the New
York State Real Property Tax Law (RPTL), this credit is
legal, be it
RESOLVED, that the Town Board of the Town of Grand
Island goes on record opposing the injustice. Although our
municipality has the ability to negotiate a franchise fee for
the purpose of generating income for our community, all
cable companies and utilities have the ability to avoid their
tax liability by deducting it from the franchise fee, and be it
further
RESOLVED, that the subscribers and taxpayers should not
have to continue with this unfairness, and be it further
RESOLVED, that the New York State Senate and Assembly
should make this resolution a top priority on their agenda
and repeal Article 6 of Section 626 of the Real Property Tax
Law. Such repeal will alleviate this inequity for our
constituents and help create some fairness for all taxpayers,
and be it further
RESOLVED, that a certified copy of this resolution be sent to
Governor George Pataki, the local New York State Senators,
New York State Assemblymen, County Executive Joel
Giambra, Erie County Legislators, Association of Erie
County Governments membership, and the Association of
Towns (Kevin Crawford).
MOVED: Crawford; SECOND: Cooke
ROLL CALL~ Ayes:Crawford, Cooke, Heftka, Rustowicz,
McMahon
Noes:None
CARRIED
I do further certify that the members of the Town Board are
as follows: Peter A. McMahon, Supervisor; Mary S. Cooke,
Councilwoman; Richard W. Crawford, Jr., Councilman;
Michael E. Heftka, Councilman; and Kevin M. Rustowicz,
Councilman.
IN WITNESS WHEREOF, I have hereunto set my hand and
the Seal of the Town of Grand Island, Erie County, New York
the 18TH day of FEBRUARY, 2000
RECEIVED AND FILED.
NO. 95
INTERNATIONAL
LEAGUE OF MUSLIM WOMEN, INC.
BUFFALO, NY CHAPTER
INFO-VACANT LOT-166 BOX ST.
The International League of Muslim Women, Inc. is
requesting your assistance in obtaining the city-owned
empty lot located at 166 Box Street near Kehr. This lot is
adjacent to our office and community service center at 162
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Box. We are asking to be able to homestead the lot, which
will enable us to purchase it for the sum of $1.00.
We have been awarded a Doris Lewis Beautification Grant
from the Weed & Seed Program for $1,000 and plan to work
with the Box Avenue Block Club and our refugee
assimilation program to beautify the lot and to start a
community garden. We have contacted Grassroots Gardens
of Buffalo to help with this venture. The acquisition of this lot
would also help us with some long-term plans to help some
needy families in the Somali refugee community in their
quest to obtain employment and become self-sufficient.
The Greater Buffalo Works has partnered with the ILMW to
be a part of their 12 week training program for several
"hard-to-place" women who will be coming to work with us
within the next two or three weeks. We have one Somali
woman now who is working with us until an unsubsidized job
becomes available.
The International League of Muslim Women, Inc. is a
not-for-profit 501(c) (3) organization and is an affiliate of the
United Way of Buffalo and Erie County.
Thank you for your continued support and assistance in our
quest to serve needy families in our community.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 96
CITY OF UTICA
INCREASE IN OIL/DIESEL PRICES
The residents and taxpayers of your area are no
doubt being hurt as much by outrageous increases in oil and
diesel prices as much as in our area. I believe that only
pressure from local, state and federal elected officials will
move the Clinton administration to release national oil
reserves and to take a formidable stand with OPEC to lower
the prices of oil, diesel, kerosene and, therefore, gasoline.
To move in this direction, I have proposed the legislation
attached to our Common Council and anticipate its passage.
I offer this for you to consider doing something of a
similar nature. Residents and businesses in New York State
can not afford this kind of a setback. Thank you for your
consideration.
RECEIVED AND FILED.
PETITIONS
NO. 97
ROBERT M. HARPER, AGENT, USE 206 SCOTT ST. FOR
A BILLBOARD SIGN (HRG. 3/14)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 98
V. COPPOLA, OWNER, USE 291 BRYANT FOR A SIT-IN
RESTAURANT (HRG. 3/14)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, AND COMMISSIONER OF
COMMUNITY DEVELOPMENT.
NO. 99
L. LAWTON, AGENT, USE 204 SOUTH ELMWOOD FOR A
HUMAN SERVICES FACILITY (HRG. 3/14)
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REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD, COMMISSIONER OF
COMMUNITY DEVELOPMENT, AND CORPORATION
COUNSEL.
REGULAR COMMITEES
CIVIL SERVICE
BARBARA A. MILLER-WILLIAMS, CHAIRPERSON
NO. 100
APPOINTMENT
BLDG. INSPECTOR (INTER) (CD)
(ITEM NO. 63-C.C.P. DEC. 14, 99)
That Communication 63, Dec. 14, 1999 be
received and filed and the temporary appointment of Steven
Pieri stated above at the intermediate salary of $41,086
effective on December 6, 1999 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 101
APPOINTMENT
COMPUTER PROGRAMMER (MAX) (COMPT)
(ITEM NO. 8-C.C.P. FEB. 22, 2000)
That Communication 8, Feb. 22, 2000 be received
and filed and the provisional appointment of Michael Szukala
stated above at the maximum salary of $41,379 effective on
February 4, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 102
APPOINTMENT
JR. ENGINEER (MAX) (PW)
(ITEM NO. 19-C.C.P. FEB. 22, 2000)
That Communication 19, Feb. 22, 2000 be
received and filed and the temporary promotion of William
Moss stated above at the maximum salary of $38,995
effective on February 3, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 103
APPOINTMENT
SR. PLANNER (INTER) (CD)
(ITEM NO. 35-C.C.P. FEB. 22, 2000)
That Communication 35, Feb. 22, 2000 be
received and filed and the provisional appointment of
Thomas A. Chwalinski stated above at the intermediate
salary of $36,677 effective on February 14, 2000 is hereby
approved.
PASSED
AYES-13. NOES-0.
NO. 104
APPOINTMENT
DOG CONTROL OFFICER (INTER) (STS)
(ITEM NO. 38-C.C.P. FEB. 22, 2000)
That Communication 38, Feb. 22, 2000 be
received and filed and the temporary appointment of Frank
A. Militello stated above at the intermediate salary of
$26,500 effective on February 14, 2000 is hereby approved.
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PASSED
AYES-13. NOES-0.
NO. 105
APPT.-HEAVY EQUIP. OP. (MAX) (STS)
(ITEM NO. 39-C.C.P. FEB 22, 2000)
That Communication 39, Feb. 22, 2000 be
received and filed and the temporary appointment of Joseph
F. Szafranski stated above at the maximum salary of
$30,708 effective on February 7, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 106
APPT.-RESIDENCY INVESTIGATOR (A&F)
(CCP#40-FEB. 22, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
DIRECTOR OF SUBSTANCE ABUSE SERVICES (HSPR)
(ITEM NO. 47-C.C.P. FEB. 22, 2000)
That Communication 47, Feb. 22, 2000 be
received and filed and the exempt appointment of L. Nathan
Hare stated above at the flat salary of $54,979 effective on
February 7, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 108
APPOINTMENT
FISCAL SUPV. (INTER) (HSPR)
(ITEM NO. 48-C.C.P. FEB. 22, 2000)
That Communication 48, Feb. 22, 2000 be
received and filed and the provisional promotion of Catherine
Sexton stated above at the intermediate salary of $34,335
effective on February 7, 2000 is hereby approved.
PASSED
AYES-13. NOES-0.
NO. 109
APPT. BLDG. INSPECTOR (CD)
(CCP#39-JAN. 25, 99)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 110
ORDINANCE AMENDMENT CHAPTER 45-PERSONNEL
POLICIES
(CCP#201-JUNE 1, 99)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 111
NOTICES OF APPTS.-TEMP./PROV./PERM. (CC)
(CCP#75-JAN. 25, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
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NO. 112
NOTICES OF APPTS. -TEMP. /PROV./PERM. (CC)
(CCP#71-FEB. 8, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 113
NOTICES OF APPTS. -TEMP. /PROV./PERM. (CC)
(CCP#56-FEB. 22, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 114
SALARY ORDINANCE AMENDMENT
04-DEPARTMENT OF AUDIT & CONTROL
1071 -DATA PROCESSING
(ITEM NO. 258, C.C.P., FEB, 8, 2000)
That the Salary Ordinance Amendment as
contained in Item No. 258, C.C.P., February 8, 2000, be and
the same hereby is approved.
Passed
AYES-13. NOES-0.
NO. 115
SALARY ORDINANCE AMENDMENT
31 -PUBLIC WORKS ENGINEERING
(ITEM NO. 178, C.C.P., FEB. 22, 2000)
That the Salary Ordinance Amendment as
contained in Item No. 178, C.C.P., February 22, 2000, be
and the same hereby is approved.
Passed
AYES-13. NOES-0.
FINANCE
BYRON W. BROWN, CHAIRMAN
NO. 116
2000-01 DUNN TIRE PARK BUDGET
(ITEM NO. 1, C.C.P., FEB. 8, 2000)
That the 2000-01 Dunn Tire Park Budget, as more
fully described in Item No. 1, C.C.P., February 8, 2000, be
and the same hereby is approved.
Passed
AYES-13. NOES-0.
NO. 117
AUDIT-OFC. OF TELECOMMUNICATIONS (COMPT.)
(CCP#16-JULY 27, 99)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 118
CHANGE IN CONTRACT - LASALLE PARK
REHABILITATION
(ITEM NO. 27, C. C. P., FEB. 22, 2000)
That the Commissioner of Community
Development be, and he hereby is authorized to issue
change order No. 1, to Birch Grove Landscaping, an
increase in the amount of $19,375, as more fully described
in the above communication, for work relating to LaSalle
Park. Rehabilitation. Funds for this project are available in
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Bond Account 30441406.
Passed
AYES-13. NOES-0.
NO. 119
AUDIT-A&F-PVB (COMPT.)
(CCP#12-DEC. 14, 99)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 120
RECOVERING THE COST OF CLEANING CENTRAL
PARK PLAZA
(ITEM NO. 104, C.C.P., JAN. 11, 2000)
That the above item, be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Brown moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 121
E. ROBERTSON-INQ. ABOUT STATUS OF PROPERTIES
ON WALNUT/ARCHIE STS.
(CCP#87-JAN. 25, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 122
STATUS OF PROPERTIES-WALNUT/ARCHIE STS. (CD)
(CCP#50-FEB. 8, 00)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 123
POLICE ATHLETIC LEAGUE OF BUFFALO -
MEMORANDUM OF UNDERSTANDING
(ITEM NO. 58, C.C.P., FEB. 8, 2000)
That the Commissioners of Police and Human Services,
Parks and Recreation be, they hereby are authorized to
execute the Memorandum of Understanding between the
City and the Police Athletic League of Buffalo, Inc., to
formalize and clarify an existing informal relationship among
the parties.
PASSED
AYES -13 NOES - 0
NO. 124
USE AGREEMENT - NATIONAL FUEL - 166 DART
STREET (ITEM NO. 15, C.C.P., DEC. 28, 1999) (ITEM NO.
94, C.C.P., FEB. 22, 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. 125
USE AGREE.-166 DART-NATL. FUEL (COMPT)
(CCP#7-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
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ADOPTED
NO. 126
D. GALLIVAN-HOLY CROSS CHURCH-REQ. WAIVER OF
PERMIT FEES (#76,2/8)
(CCP# 101 -FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 127
BOND RESOLUTION - $2,200,000 BONDS -
NEIGHBORHOOD REDEVELOPMENT ACCOUNT 3000-60
(ITEM NO. 153, C.C.P., FEB. 22, 1999)
That the Bond Resolution, authorizing the issuance of
$2,200,000 General Improvement Bonds of said City, to
finance cost of the demolition of various City-owned
buildings, at the estimated maximum cost of $2,200,000 as
contained in Item No. 153, C.C.P., February 22, 2000, be
and the same hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 128
PAYMENT OF CLAIMS BY THE BUFFALO SEWER
AUTHORITY
(CCP#168-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 129
REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM
NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 91, C.C.P.,
FEB. 22, 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. 130
RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET
(ITEM NO. 57, C.C.P., DEC, 28, 1999)
(ITEM NO. 92, C.C.P., FEB. 22, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Brown moved that the above item be recommitted to the
Committee on Finance
ADOPTED
LEGISLATION
(ALFRED T. COPPOLA, CHAIRMAN)
NO. 131
D. COOKFAIR, PETITION TO USE 532-534 ELMWOOD -
RESTAURANT
(ITEM NO. 67, C.C.P., FEB. 22, 2000)
That after the public hearing before the Committee on
Legislation on
February 29, 2000, the petition of D. Cookfair, owner, for
permission to use 532-534 Elmwood Avenue for a restaurant
be, and hereby is approved.
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PASSED
AYES -13 NOES - 0
NO. 132
RONALD ALSHEIMER, PETITION TO REZONE 2540
DELAWARE AVENUE
(ITEM NO. 68, C.C.P., FEB. 22, 2000)
That the Common Council of the City of Buffalo does hereby
ordain as follows:
That that part of the Zoning Ordinances of the City of
Buffalo, Section 511-126 of Article XXV of Chapter 511 as it
relates to the use map thereof be amended to show a "C2"
Commercial District, with Special Development Plan rather
than "R- I" & "C-2" Districts for the premises known as 2540
Delaware Avenue and more particularly described as
follows:
All that tract or parcel of land, situate in the City of Buffalo,
County of Eric!, State of New York, being part of Lot No. 86,
Township 11, and Range 8 of the Holland Land Company's
survey and according to map filed in Erie County Clerk's
Office under Cover No. (172 known as subdivision lots Nos.
43, 44, 45 and 46 thereof and which according to map filed
in Erie County Clerk's Office under Cover No. 926 is known
as subdivision lots Nos. 155, 156, 1517 and 158 and the
East 100 feet of sublot No. 159. Excepting from the above
described premises. those lands appropriated to the State of
New York pursuant to notices of appropriation filed in the
Erie County Clerk's Office.
This rezoning shall be effective providing the following
conditions are met:
That this rezoning shall not be effective unless and until a
certified copy thereof has been filed by the petitioner in the
offices of the Erie County Clerk's Office and proof of such
filing is submitted to the City Clerk's Office.
That this rezoning will not be effective until such conditions
as set by the City Planning Board are met.
That this Common Council finds this action to be an Unlisted
Action under the S.E.Q.R. Act and adopts petitioner's
findings such that no further environmental review is
required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter
that the immediate passage of the foregoing ordinance is
necessary.
Approved as to Form
Michael B. Risman
Corporation Counsel
PASSED
AYES -13 NOES - 0
NO. 133
A. PARIS, PETITION TO USE 81 MILLS STREET -
HUMAN SERVICES FACILITY
(ITEM NO. 69, C.C.P., FEB. 22, 2000)
That after the public hearing before the Committee on
Legislation on February 29, 2000, the petition of A. Paris,
agent, for permission to use 8 1 Mills Street for a human
services facility be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 134
E. DIETSCH, AGENT TO USE 107 DELAWARE - HUMAN
SERVICES FACILITY
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(ITEM NO. 92, C,C.P., JAN. 25, 2000)
(ITEM NO. 119, C. C. P., FEB. 8, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved:
That after the public hearing before the Committee on
Legislation on February 1, 2000, the petition of E. Dietsch,
agent, for permission to use 107 Delaware for a human
services facility be, and hereby is approved.
PASSED
AYES -13 NOES - 0
NO. 135
ALCOHOL & DRUG DEPENDENCY SVS.-107
DELAWARE AVE.-HSF (PLAN BD.)
(CCP#5-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 136
V. GRAHAM, AGT., USE 39 PARADE CRCL EAST-HSF
(HRG. 12/7)(#89, 11/30)
(CCP#107-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 137
J. BARAN - REQUEST VARIANCE - BREAD OF LIFE
CHURCH - PERMIT
(ITEM NO. 83, C.C.P., DEC. 28, 1999)
(ITEM NO. 112, C.C.P., JAN. 25, 2000)
(ITEM NO. 127, C.C.P., FEB. 22, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved:
That above item be, and the same hereby is approved with
conditions of Zoning Board
PASSED
AYES -13 NOES - 0
NO. 138
REQ. VAR.-BREAD OF LIFE CHURCH (PLAN. BD.)(#L 13,
1/25)(#2, 1/11)
(CCP#128-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 139
ORDINANCE AMENDMENT - CHAPTER 387 - SIGNS
(ITEM NO. 136, C.C.P., NOV. 3, 1999)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 140
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING
(ITEM NO. 137, C.C.P., NOV. 3, 1999)
(ITEM NO. 105, C.C.P., NOV. 16, 1999)
That the above item be, and the same hereby is, returned
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to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
NO. 141
CLINTON ST.-TRUCK ROUTE (CCP#154-SEPT. 21, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 142
H. PARZYNSKI & O-OPPOSE TRUCK TRAFFIC ON
SOUTH OGDEN
(CCP#8 I -MAY 4, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 143
S. FORANT-REQ. TRAFFIC LIGHT- SENECA/MILTON
STS.
(CCP#63 -OCT. 19, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 144
REQ. FOR TRAFFIC SIGNAL STUDY- SENECA/MILTON
STS. (PW)
(CCP#48-NOV. 30,99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 145
HEARING ON CLOSED AND CHANGED POLLING
PLACES
(ITEM NO. 185, C.C.P., SEP. 16, 1997)
That the above item be, and the same hereby is received
and filed.
ADOPTED
NO. 146
ERIE COUNTY BOARD OF ELECTIONS - ELECTIONS
DISTFICT CONSOLIDATION
(ITEM NO. 78, C.C.P., OCT. 14, 1997)
That the above item be, and the same hereby is received
and filed.
ADOPTED
NO. 147
ERIE COUNTY BOARD OF ELECTIONS - ELECTIONS
DISTFICT CONSOLIDATION
(ITEM NO. 85, C.C.P., OCT. 14, 1997)
That the above item be, and the same hereby is received
and filed.
ADOPTED
NO. 148
PRE-QUALIFY BUYERS-COB REAL EST. AUCTION
(ASSESS.)
(CCP#16-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
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NO. 149
IMPLOSION OF 210 DELAWARE AVENUE
(CCP#56-DEC. 28, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 150
USED CAR DEALER LICENSE - 1685 SOUTH PARK
AVENUE
(ITEM NO. 51, C. C. P., FEB. 8, 2000)
That pursuant to Chapter 254 of the City Code, the
Director of Inspections, Licenses and Permits be, and he
hereby is authorized to grant a Used Car Dealer license to
Nabil Naji, d/b/a Naji Used Cars, located at 1685 South Park
Avenue.
PASSED
AYES -13 NOES - 0
NO. 151
V. LAUDISIO-SPEC. PICTORIAL CANCELLATION- I OOH
ANN.-COTTER FIREBOAT
(CCP#82-JAN. 25, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 152
RESTAURANT DANCING CLASS 11 - 1683 MAIN
STREET
(ITEM NO. 59, C.C.P., DEC. 14, 1999)
(ITEM NO. 132, C.C.P., FEB. 22, 2000)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
COMMUNITY DEVELOPMENT
(BEVERLY A. GRAY, CHAIRPERSON)
NO. 153
A. DELVALLE-HISPANOS UNIDOS DE
BFLO.-CONCERNS-CONSOLIDATION-CITY REHAB
(CCP#75-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 154
HISPANOS UNIDOS DE BUFFALO (CD)
(CCP#3 I -FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 155
D. ANDERSON-MASTEN NEGHBRHD ADV. COUNCIL
INC.-CONCERNS-LEAD ABT. PROG.
(CCP#73-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
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NO. 156
OPTION TO PURCHASE ASBURY DELAWARE CHURCH
(ITEM NO. 252, C.C.P., FEB. 8, 2000)
That the City does hereby accept the $5,000
non-refundable option to purchase the Asbury Delaware
Church; and
That the Common Council does hereby designate the
Buffalo Urban Renewal Agency to be the designated
redeveloper for the Asbury Delaware Church.
That the Council President shall appoint a redevelopment
torrnijztee to be charged by Councilmember Miller- Williarns
PASSED
AYES -13 NOES - 0
SNOW REMOVAL TASK FORCE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 157
MAPLERIDGE-WYOMING BLOCK CLUB-SNOW
PLOWING ON MAPLERIDGE AVE
(CCP#43-JAN. 26, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 158
DEACON SMITH & O-REQ. SNOW REM.-HEDLEY PLACE
& OAKGROVE AVE.
(CCP#96-APR. 6, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 159
USE OF PRIVATE SNOW PLOWING COMPANIES FOR
SNOW EMERGENCIES
(ITEM NO. 106, C.C.P., JAN. 11, 2000)
That this Common Council requests the Commissioner of
Streets to amend the current Snow Control Plan by creating
a city-wide neighborhood system for the utilization of private
snow plowing companies for plowing side streets only during
snow emergencies, and That the plan submitted by the
Commissioner shall include cost assessment as well as
detailed description of how the private snow plowing
companies will be utilized, specifically a description of which
side streets are to be plowed during a snow emergency.
PASSED
AYES -13 NOES - 0
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 160
H. BROOKS, SUPPORT EXEMPTION OF LOW INCOME
SENIORS FROM USER FEE
(CCP#74-FEB. 8, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 161
K. GRIFFIN & O-SUPPORT SENIOR EXEMPTION FROM
USER FEE
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(CCP#71-FEB. 22, 00)
That the above item be and the same hereby is received
and Filed.
ADOPTED
POLICE OVERSIGHT COMMITTEE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO.162
INSTALL CAMERAS ON POLICE CARS
(CCP#212-JULY 27, 99)
That the above item be and the same hereby is referred to
the Committee on Budget.
ADOPTED
NO. 163
INSTALL CAMERAS ON POLICE VEHICLES (POLICE)
(CCP#40-SEPT. 7, 99)
That the above item be and the same hereby is referred to
the Committee on Budget.
ADOPTED
NO. 164
ADEQUATE TRAINING FOR NEW RECRUITS OF COMM.
POLICING
(CCP# I 79-JUNE 29, 99)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 165
M. OVERDORF, VALLEY COMM. ASSN.
-CONCERNS-POLICE PATROLS, ETC.
(CCP#65-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 166
DIRECT COMMISSIONER OF POLICE TO
RECONSTITUTE DELI TASK FORCE
(ITEM NO. 235, C.C.P., FEB. 8, 2000)
That this Common Council directs the Police
Commissioner to reconstitute the Deli Task Force, inviting
Police Department, the Division of Inspections, the Erie
County District Attorney's Office, Erie County Sheriff's Office,
the Erie County Health Department, the New York State
Liquor Authority, the New York State Attorney General's
Office, the Federal Bureau of Alcohol and Firearms, the
federal Department of Immigration and Naturalization
Services and the United States Attorney's Office, and any
other agency the Commissioner deems appropriate, and
meet as quickly as possible to deal with the reemerging
problems associated with certain deli stores; and
That the Police Commissioner shall also Invite
representatives from the Yemenite Merchants Association,
West Side Business Taxpayers Association, Allentown
Association, Black Chamber of Commerce, Forever
Elmwood, Seneca Babcock Community Association,
Riverside Business Association, Fillmore Avenue Merchants
Association East Side Business Association and Grant
Amherst Business Association Bailey-Fillmore Association
and work closely with those entities; and
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That copies of this resolution shall be sent to representatives
of each of the above mentioned agencies.
ADOPTED
NO. 167
RECONSTITUTE-DELI TASK FORCE (LAW)
(CCP#25-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 168
RETURN BFLO. POLICE OFFICERS ASSIGNED-COPS &
DARE TO REG. DUTY ASSIGN.
(CCP#162-FEB. 22, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
RESOLUTIONS
NO. 169
BY: MR. BONIFACIO
HUD HOME FUND LOAN PROGRAM
Whereas: The Department of Community Development
accepts applications for the HUD Home Fund Loan Program;
and
Whereas: The Home Fund Loan application of Donald
Reeves, owner of 03 North is before the Common Council;
and
Whereas: A number of concerns were raised by the public
including the Allentown Association and Forever Elmwood
concerning the Home Fund Loan process.
Now, Therefore Be It Resolved:
That the Department of Community Development submit in
writing to the Common Council the basic criteria and
eligibility requirements ]For a prospective Home Fund Loan
recipient; and
Be It Further Resolved:
That the Department of Community Development provide
the Common Council with the identity of all Home Fund Loan
recipients and applicants during the last five years; and
Be It Finally Resolved:
That the Corporation Counsel research the HUD Home Fund
Regulations and submit in writing to the Common Council a
legal opinion as to the conditions, if any, that the Common
Council can impose upon approval of a Home Fund Loan.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE CORPORATION COUNSEL, THE
COMISSIONER, OF COMMUNITY DEVELOPMENT AND
THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
NO. 170
BY: MR. BONIFACIO
DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE
HOME FUNDS - 303 NORTH STREET - $300,000
(ITEM #33, C.C.P., FEBRUARY 22, 2000)
Whereas: Item #3 3, C. C. R, February 22, 2000, '~HOME
Funds - 3 03 North St. $300,000" is currently tabled in the
Community Development Committee; and
Whereas: There is no need for further discussion on this
item; and
Now, Therefore Be It Resolved:
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Be It Further Resolved:
That the Community Development Committee be and hereby
is discharged from further consideration of Item #33, C.C.P.,
February 22, 2000. "HOME Funds - 303 North Street -
$300,000"; and
That Item #33, C.C.P., February 22, 2000 be and hereby is
Received and Filed.
ADOPTED
NO. 171
BY MR. BONIFACIO
RE: ORDINANCE AMENDMENT
CHAPTER 479 - VEHICLES AND TRAFFIC
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 52 of Article I of Chapter 479 of the Code of the
City of Buffalo, the Traffic Regulations of the City of Buffalo,
be amended to read as follows-
52 WEATHER AND OTHER PUBLIC EMERGENCIES
1 . Mayor Authorized to Announce Restrictions:
Whenever the Mayor finds that falling snow, sleet, freezing
rain or other conditions will create a condition which makes it
necessary that parking, standing and/or travel restrictions be
imposed, or whenever he finds that the weather or other
conditions as so forestating and/or travel restrictions be
imposed, 1-he]the Mavo is authorized to announce such
restrictions, to become effective at a time specified by the
Mayor, but (nor)got less than one (1) hour after such
announcement.
The nature of the announcement shall include the type of
restriction on parking, standing or travel. Such restrictions
may include but are not limited to:
A. Reduced speed limits;
B. A ban on all travel;
C. A ban on travel with the exception of certain trip purposes
or to those authorized to travel
D. Establishment of minimum car occupancies,
E. Extension or modifications of existing parking regulations
such as overnight parking on bus routes, [or] extension of
peak hour parking regulations, or requiring that vehicles be
parked off the streets Wthe affected area or alternate side of
the street parking-pursuant to the terms of the Mayoral
ordejjfbr examole, alternate side parking on alternating-days)
for a defined period of time,
F. The above may apply to all streets and public Vaces in
the City, certain types of streets and public spaces such as
bus routes or snow routes, or to specified geographic areas.
2. Time Restrictions Shall Become Effective:
Announcement of parking regulations and/or travel
restrictions made between the hours of 10:00 p.m. and 6:00
a.m. shall become effective at a time specified by the Mayor,
but not before 7:00 a.m.
Announcements of parking regulations and/or travel
restrictions made between the hours of 6:00 a.m. and 10:00
p.m. shall become effective at the time specified by the
Mayor, but not less than one (1) hour after the
announcement.
The Mayor shall request the cooperation of the local press,
and radio and television stations to announce emergency
parking and/or travel restrictions, the nature of the
restrictions, and the time the same is effective. Such
announcement by two (2) local radio stations and/or
television stations and/or daily newspapers published in the
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City of Buffalo shall constitute notice to the general public of
the declaration.
3. Termination of Emergency:
Whenever the Mayor shall find that some or all of the
conditions which gave rise to the emergency restrictions on
travel and parking no longer exist, [he]the Mayo shall declare
the termination of the emergency, in part or in whole,
effective immediately upon announcement, except that if
such announcement be made other than between 6: 00 a.
m. and 10: 00 p. m. it shalI be repeated between those
hours.
4. Record of Emergency:
The Mayor shall make or cause to be made a record of the
date and time. and conditions when the announcement of
emergency parking and/or travel restrictions is first made to
the public in accordance with subdivision (2) and the date,
time and conditions of any announcements made to the
public of the termination of each emergency declaration
either in part or in whole in accordance with the
requirements of subdivision (3). Such record shall be filed
with the City Clerk and the [Commissioner of Transportation]
Division of Traffic Engineering of the Department of Public
Works.
5. Penalty:
Any person who shall violate any provision of this section
shall be liable to a [fiveffline or penalty [of not more than
twenty-five dollars ($25.00) for the first offense, not more
than one hundred dollars ($100. 00) for the second off~nse,
and not more than two hundred fifty dollars ($250.00) for the
third offense or each subsequent offense within one year.]
consistent with a violation of Section 413-34 of the Code.
The payment of such fine or penalty shall be in addition to
any charges, fines or penalties, as provided in Chapter 307,
Parking and Parking Lots, [LXII of the City [Ordinance] Code
for the towing of motor vehicles p rked or abandoned on the
public streets of the City of Buffalo during snowstorms,
floods, fires or other public emergencie
6. Enforcement:
This order shall be enforced by the Police Department,
Division of Parking Enforcement, and the Department of
Street Sanitation.
7. Exceptions:
Persons enaaged in or traveling to or from the following
activities may be exempt from the travel restrictions:
Those key personnel authorized by a pass issued by the
Mayor or the olice Department-, Commercial, industrial and
P-overnmental security and maintenance, Health and
hospital services, Medical, pharmaceutical and hospital
suppliersWholesale and retail food distribution; Public utility
services, General distribution print and broadcast media
activities, Police and fire protection, Publicly owned or
publicly contracted tow trucks, wreckers, snow plows and
snow removal equipment, construction equipment, Mass
publi tranVort, Fuel supply activities, U.S. Postal Service
deliygM Red Cross, Salvation Army Other exemptions will
be handled on an individual basis. 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 underlined is
new.
REFERRED TO THE COMMITTEE ON LEGISLATION
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NO. 172
BY: MR. BROWN:
BOND RESOLUTION
$100,000 BONDS
REDEVELOPMENT MICHIGAN STREET.
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $100,000 General Improvement
Bonds of said City, to finance the cost of infrastructure
improvements for the Michigan Streat Historical
Redevelopment Project, at the estimated maximum cost of
$100,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of One Hundred Thousand Dollars
($100,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law");
to finance the cost of infrastructure improvements for the
Michigan Street Historical Redevelopment Project centering
around 36 Nash Street, including but not limited to the repair
and replacement of sidewalks, curbs, streets, trees,
landscaping and/or signage. The estimated maximum cost of
said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $100,000 as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Historical Redevelopment Project, 1999-00", Bond
Authorization Account No. 3000-60, and shall be used for
the class of objects or purposes specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $100,000.
This Resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 (a) 89. of the Local Finance Law, is five (5) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
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Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a)Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c)Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: March 7, 2000
LAID ON THE TABLE
NO. 173
BY: MR. BROWN:
BOND RESOLUTION
$200,000 BONDS
BRIDGE FROM NW COMM.CTR. TO NW ACADEMY
ACCOUNT 3000-31
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $200,000 General Improvement
Bonds of said City to finance the cost of the construction of a
bridge connecting Northwest Community Center to the
adjacent Northwest Academy, at the estimated total cost of
$200,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of Two Hundred Thousand Dollars
($200,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"),
to finance the cost of the construction of a bridge connecting
Northwest Community Center to the adjacent Northwest
Academy. The estimated total cost of said specific object or
purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $200,000 as
set forth in the duly adopted Capital Improvements Budget of
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said City for fiscal year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Public Works, Division of Engineering, "Construction Bridge
to Northwest Academy, 1999-00", Bond Authorization
Account No. 3000-31, and shall be used for the specific
object or purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $200,000.
This Resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the class
of ob ' jects or purposes for which the bonds authorized by
this resolution are to be issued within the limitations of
Section 11.00 a. 10. of the Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a)Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c)Such obligations are authorized in
violation of the provisions of the constitution.
Introduced: March 7, 2000
LAID ON THE TABLE
NO. 174
BY MR. BROWN:
BOND RESOLUTION
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$200,000 BONDS
ACCOUNT 3000-60
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $200,000 General Improvement
Bonds of said City, to finance the cost of the infrastructure
improvements on various streets in the Lovejoy District,
including Weimer, Hagen, Longnecker, Hazelwood and
Floss Streets, at the estimated maximum cost of $200,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue General Improvement Bonds of said City in the
principal amount of Two Hundred Thousand Dollars
($200,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law");
to finance infrastructure improvements on various streets in
the Lovejoy District, including Weimer, Hagen, Longnecker,
Hazelwood and Floss Streets. The estimated maximum cost
of said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $200,000 as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal
year 1999-00, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of
Community Development, Division of Development,
"Infrastructure Improvements-Lovejoy District, 1999-00",
Bond Authorization Account No. 3000-60, and shall be used
for the class of objects or purposes specified in Section 1 of
this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of $200,000.
This Resolution is a declaration of Official Intent adopted
pursuant to the requirements of Treasury Regulation Section
1. 150-2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness applicable to the class
of objects or purposes for which the bonds authorized by this
resolution are to be issued, within the limitations of Section
11.00 (a) 91. of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
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real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a)Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b)The provisions of law which should be complied
with at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c)Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: March 7,2000
LAID ON THE TABLE
NO. 175
By: Mr. Brown
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM - 1999-2000
That pursuant to section 359 of the Charter and the
Certificate of the Mayor and the Comptroller submitted to the
Common Council, the Board of Education Capital Program
for the fiscal year 1999-2000 be and the same is hereby
amended by adding the following
items under the heading:
Capital Projects - Board of Education
(Roofs: 39 & 19)$ 500,000
Science Labs, Phase 11
(192,203,235,301,302,305,306)$3,000,000
Electrical Reconstruction
(Fire Alarms, Clocks & Bells, Generators Various Schools)
$ 700,000
Total$4,200,000
PASSED
AYES-13. NOES-0.
NO. 176
By: Mr. Brown
DEVELOP RESPONSE TO RECOMMENDATIONS FROM
THE COMPTROLLER'S SOLID WASTE AND RECYCLING
ENTERPRISE FUND AUDIT
Whereas: The Department of Audit and Control conducted
an audit on the Solid Waste and Recycling Enterprise Fund
for the period of October 1, 1996 to June 30, 1998; and
Whereas: This Audit concluded with several
recommendations for improving the performance and legal
status of the Solid Waste and Recycling Enterprise Fund;
and
Whereas: It is important that these recommendations be
carefully considered and carried out where appropriate; and
Now, Therefore, Be It Resolved That:
This Common Council requests the Committee on Finance
to convene a meeting among appropriate personnel from the
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Comptroller's Office, the Departments of Street Sanitation
and Law, and the Divisions of Collections and Budget to
discuss the recommendations of the Comptroller's Solid
Waste and Recycling Enterprise Fund Audit; and
Be It Further Resolved That:
Participants be requested to develop a plan at this meeting
for evaluating and, where appropriate, implementing the
recommendations.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMPTROLLER'S OFFICE, THE CORPORATION
COUNSEL, THE COMMISSIONER OF STREETS, AND
THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
NO. 177
By: Mr. Brown
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common
Council, the sum of $18,572.46 be and the same is hereby
transferred within Legislative and said sum is hereby
reappropriated as set forth below:
From:
General Fund
10103001 - Councilmember Williams
411001 - Salaries Annual $18,572.46
To:
1000 General Fund
1010400 1 - Councilmember Brown
411001 - Salaries Annual $18,572.46
PASSED
AYES-13. NOES-0.
NO. 178
By: Mr. Brown
TRANSFER OF FUNDS
GENERAL CITY CHARGES
PUBLIC WORKS
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 $20,000 be and the same is hereby
transferred from General City Charges - Utilities - Electricity,
and said sum is hereby reappropriated as set forth below:
From:
General Fund
17213003 - Utilities
441003 - Electrical $20,000
To:
General Fund
13291006 - Buildings
432004 - Engineering & Technical Services $20,000
PASSED.
AYES-13. NOES-0.
NO. 179
By: Mr. Coppola
GLOBAL WARMING
Whereas: The Buffalo Common Council is concerned about
the impacts of global warming on our communities; and
Whereas: Recent events have focused attention on the
serious economic and public health threat global warming
poses to local communities; and
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Whereas: Between 1988 and 1997, heat waves, storms,
floods, and other extreme weather events in the United
States caused an estimated $140 billion in property damage;
and
Whereas: FEMA and other federal disaster funds cannot
begin to cover the economic and human losses that have
been caused by these weather disasters. Local communities
are forced to bear the brunt of the human and economic
damage and are witnessing a decline in the quality of life;
and
Whereas: Scientific evidence of global warming continues to
grow. In the first three months of 1999 alone, researchers
analyzing tree rings and ice cones concluded that the 1990s
were the warmest decade in the millennium. NASA found
that Greenland's massive ice sheet is melting rapidly and the
American Geophysical Union released a warning that
atmospheric warming "provides a compelling basis
for legitimate public concern over future global and
regional-scale changes resulting from increased
concentration in greenhouse gases"; and
Whereas: A group of 2, 600 economists, including seven
Nobel Laureates, have demonstrated that we can reduce the
impacts of global warming, while not hurting America's Gross
Domestic Product;
Now, Therefore, Be It Resolved:
That the Buffalo Common Council urges all of the
presidential candidates to lie out specific, concrete plans to
reduce the domestic sources of global warming pollution;
and
Be It Further Resolved:
That the City Clerk's office notify all presidential candidates
of the concern that this Common Council has; and
Be It Finally Resolved:
That the notification urge the presidential candidates to
develop, articulate, and implement domestic policies and
programs that work with local communities to reduce global
warming pollution.
ADOPTED.
NO. 180
By: Messrs. Coppola, Brown & Fisher & Ms. Gray & Mrs.
Williams
REQUEST BOUNDARY CHANGES FOR ECONOMIC
DEVELOPMENT ZONE TO INCLUDE SHEEHAN
MEMORIAL HOSPITAL
Whereas: Sheehan Memorial Hospital could benefit greatly
from inclusion in Buffalo's Economic Development Zone
(EDZ), particularly if Zone status would allow for special
utility rates; and
Whereas: The Hospital is currently having a great deal of
difficulty paying its electric bill; and
Whereas: It has been reported to the Council that Sheehan
is just outside the current boundary of the EDZ and that
there are several residential properties nearby within the
EDZ that are not eligible for EDZ benefits;
Now, Therefore, Be It Resolved That:
This Common Council requests the Buffalo Economic
Renaissance Corporation and the Department of Community
Development to take the necessary steps to initiate the
amendment of the Buffalo EDZ boundary to include
Sheehan Memorial Hospital in the EDZ.
PASSED.
AYES-BONIFACIO, BROWN, COPPOLA, ELLINGTON,
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FISHER, FONTANA, GOLOMBEK, GRAY, LOTEMPIO,
MARTINO, PITTS, & WILLIAMS-12. NOES-GRANT-1.
NO. 181
By: Mr. Coppola
WAIVE PERMIT FEE FOR STREET CLOSING
Whereas: In an effort to promote historical awareness and
commemorate the nearly three hundred soldiers who gave
their lives to this country, The Flint Hill Marker Project has
reached its goal of acquiring an historical marker; and
Whereas: The marker will be placed at the northwest comer
of Humboldt Parkway and Main Street for the community to
enjoy. Sponsored by the Buffalo and Erie County Historical
Society, the new marker will compliment and existing marker
in the meadow of Delaware Park, where the soldiers died;
and
Whereas: The dedication ceremony will take place May 5,
2000 at 12:30pm. Local elected officials, area forth grade
school children and other invited guests will be present at
this dedication;
Now, Therefore, Be it Resolved:
That Humboldt Parkway, from Main Street to Crescent
Avenue, be closed from on May 5, 2000 from 12:00 noon
until 2:00pm in order to provide a safe space and easy
access for attending guests.
Now, Therefore, Be It Further Resolved:
That the permit fee for closing Humboldt Parkway be waived
for this occasion.
PASSED.
AYES-13. NOES-0.
NO. 182
By: Mr. Fisher
DISCHARGE EDUCATION COMMITTEE
MAYORS APPT. OF TWO MEMBERS TO SCHOOL
BOARD
Whereas: Further consideration of Item No. 157, CCP
2/22/00 in Committee is no longer required;and
Whereas: The Council is prepared to vote on the item
Now THERE BE IT RESOLVED:
That item #157, CCP February 22, 2000 be and hereby is
discharged from Education Committee and is presently
before the full Common Council
ADOPTED
Mr. Fisher moved to receive and file the item. Seconded by
Mr. Brown
RECEIVED AND FILED
NO. 183
By: Messrs. Fontana and Pitts
REQUEST PUBLIC HEARING ON US HUD OPERATIONS
IN THE CITY OF BUFFALO
Whereas: The U.S. Department of Housing and Urban
Development (HUD) is an important force in the local
housing market; and
Whereas: There are concerns that have been raised
regarding the number of vacant HUD owned properties in
the City of Buffalo; and
Whereas: HUD Secretary Andrew Cuomo recently sent this
Council a letter detailing increased resources and initiatives
that HUD has available to help America's communities; and
Whereas: It is important that the Council and the public get
an adequate chance to discuss and review the information
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Mr. Cuomo has highlighted, and
Whereas: At the same time, it is important for HUD officials
to get feedback on HUD's local performance, in addition to
receiving information on problems and initiatives HUD can
assist the City of Buffalo with;
Now, Therefore, Be It Resolved That:
This Common Council hereby sets a public hearing on item
# 58, C.C.P., February 22, 2000 - "A. Cuomo - HUD
Information" for 10:00 AM on Wednesday, March 15, 2000 in
Common Council Chambers. as part of the meeting of the
Common Council Committee on Community Development,
and
Be It Further Resolved That:
This Council directs the City Clerk to send certified copies of
this resolution, along with an invitation to the hearing, to
Secretary Andrew Cuomo (US HUD, Washington, D.C.
20410-0001), as well as to Michelle Bernier. Director of the
Regional HUD Office (465 Main Street, 5th Floor, Buffalo,
NY 14203); and
Be It Finally Resolved That:
This Council directs the City Clerk to publish a notice of this
hearing in appropriate local media.
ADOPT FINAL 3 RESOLVES; THE REMAINDER IS
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 184
By: Mrs. Grant
INSTALLATION OF TRAFFIC LIGHT ON
POULTNEY/KENSINGTON AVENUES
WHEREAS: A fully functional traffic control signal light had
controlled 3-way traffic on the comer of Poultney and
Kensington Avenues for decades;and
WHEREAS: This specific traffic control light was removed
after completion of the William L. Gaiter Parkway in 1998;
and
WHEREAS: Kensington Avenue is a major thoroughfare
that is highly
congested with both cars and trucks during peak hours
thereby
causing a situation that makes it hazardous for cars on
Poultney
Avenue to merge into the Kensington Avenue traffic; and
WHEREAS: Numerous serious and injury-producing
accidents have occurred during the two-year period the
traffic control light has been
removed.
THEREFORE, BE IT RESOLVED:
That the decade-old custom of having a traffic control signal
light be restored to the intersection of Poultney and
Kensington Avenues; and
BE IT FURTHER RESOLVED THAT:
The department of Public Works, Corporation Counsel and
the Police Commissioner respond to this resolution by 2 p.m.
on Tuesday, March 21, 2000.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 185
BY: Mrs. Grant
CLOSING OF CITY OF BUFFALO BRANCH LIBRARIES
WHEREAS: The City of Buffalo has many neighborhood
Libraries utilized by residents who walked to them to borrow
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books, videos and other resources; and
WHEREAS: Most of these libraries have installed
computers and offer
Computer training programs and classes to adults and kids
who
may not have any other access to them; and
WHEREAS: In the future, computer literacy may become
the "litmus test" that determines whether or not an individual
is employable; and
WHEREAS: More computers should be installed in libraries
rather than the push to close certain library branches in the
City of Buffalo.
NOW, THEREFORE, BE IT RESOLVED:
That no branch Library be closed in the city of Buffalo unless
it is the will of the residents in that particular neighborhood.
BE IT FURTHER RESOLVED:
That the library Board of Trustees of Buffalo and Erie County
Public Library document the public outcry against the closing
of any public library before it gives a recommendation to the
Erie County Legislature.
BE IT FURTHER RESOLVED:
That a public hearing be held in Buffalo Common Council
Chambers to discuss the findings of Aaron Cohen
Consultants, the consultant group that was hired by Erie
County government to come up with a consolidation plan for
public libraries in Erie County.
BE IT FURTHER RESOLVED THAT:
Library Director, Ms. Diane J. Chrisman and the Library's
Board of Trustees in addition to Erie County Legislators, Erie
County Executive Joel Giambra, City of Buffalo Mayor
Anthony Masiello
and the City of Buffalo Common Council be invited to attend
this hearing; and
BE IT FINALLY RESOLVED THAT:
This honorable body adopts this resolution at a "full Council
meeting."
ADOPTED.
NO. 186
By: Ms. Grant
PAYMENT OF CERTAIN SMALL CLAIMS
Whereas, the Common Council, by Item No. 184,
C.C.P., June 26, 1979, established a specific procedure for
payment of claims of $100.00 or less and Claims under
Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any
amount; and
Whereas, the Common Council, by Item No. 104,
C.C.P., April 29, 1997, established that all garbage can
claims arising out of the activities of the Department of Street
Sanitation that are related to refuse and recycling be paid
out of the Solid Waste & Recycling Enterprise Fund Budget
Account only if the claims took place after October 1, 1996;
and
Whereas, the subject claims are eligible for
consideration under the said procedures, and
Whereas, the Department of Law has verified the validity
of the claims and recommend payment thereof,
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to
make payment of the following claims, and that said
payment be charged against the "Judgment and Claims
Account" in the Department of Law or be charged against
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the Solid Waste & Recycling Enterprise Fund Budget
Account:
1. George L. Aldridge, 73 Potomac, 14213
Claim for vehicle mistakenly not removed from computer
stolen car list and subsequently towed again by Tonawanda
Police Department. The claim is for reimbursement of towing
and storage costs. $ 85.32
2. Karen Klein, 247 Cumberland, 14220
Claim for a damaged tire as the result of a piece of metal
protruding from the curb at 17 Melrose Street. The City had
constructive notice of a hazardous condition.
$
97.19
3. Dawn LaTona, 428 Massachusetts (Upper), 14213
Claim for loss of garbage can at 428 Massachusetts on
12-2-99. $ 10.00
4. Rita Maranto, 52 Traymore Street, 14216
Claim for loss of garbage can at 52 Traymore Street on
11-26-99. $ 10.00
5. Roberto Nieves, 49 Sayre Street, 14207
Claim for loss of garbage can at 49 Sayre Street on 12-7-99.
$
9.00
6. James Pappas, 108 Depew Avenue, 14214
Claim for loss of garbage can at 108 Depew Avenue on
10-26-99.
$
8.90
7. Lamar R. Reeves, Sr., 273 Davidson Avenue, 14215
Claim for vehicle wrongfully towed by the City due to a
computer error.
$
91.00
8. Catherine Steins, 629 Prospect Avenue (Lower Front)
14213
Claim for loss of garbage can at 629 Prospect Avenue on
11-30-99 $ 12.00
Investigation by the Department of Law reveals that the
above claims are valid and payment is hereby
recommended.
PASSED
AYES-13. NOES-0.
NO. 187
By: Mrs. Grant
PETITIONS IN SUPPORT 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 City of Buffalo support this
Councilmember's Resolution requesting a User Fee
Exemption for low income Seniors; and
WHEREAS: While this honorable body studies the feasibility
of abolishing the User Fee for every homeowner; and
NOW, THEREFORE, BE IT RESOLVED THAT:
The attached Petitions are to be filed on behalf of City
residents' call for a User Fee Exemption for low income
Seniors; and
BE IT FURTHER RESOLVED:
That this Common Council recognize that these six
hundred-plus Petitions are only representative of the
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signatures collected thus far, and that many more signatures
will be amassed in this continuous and ongoing process; and
BE IT FINALLY RESOLVED THAT:
These 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. 188
BY: MS. GRAY
JEFFERSON AVENUE - SPECIAL ZONING DISTRICT
WHEREAS:From time to time the unique
characteristics of a particular area or areas of the city require
the creation of special zoning districts;
and
WHEREAS:The Common Council has from time to
time created these districts to stabilize and preserve areas
for viable commercial and sound residential investment; and
WHEREAS:Formally an area along Jefferson
Avenue between Best and Brunswick Streets was
designated as an Urban Renewal Area; and
WHEREAS:The Jefferson Commercial Urban
Renewal Area expired in 1995 and has left the Jefferson
Avenue commercial strip subject to a concentration of uses
which will threaten the continuation of the essentially unique
and viability of this area; and
WHEREAS:The Common Council believes this area
will benefit from current site plan and design review
legislation; and
WHEREAS:This Common Council believes this area
will also benefit from additional legislation that will restrict
certain uses.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council of the City of Buffalo request
that the City Planning Board and its staff draft zoning
legislation which would aid in the revitalization of this area.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 189
By: Mrs. LoTempio
ABATE ENTERPRISE FUND LIABILITY TO THE
GENERAL FUND
Whereas:Since its inception, the Solid Waste
Enterprise Fund had incurred a liability each year; and
Whereas: This liability has been covered by the General
Fund; in essence the General Fund has loaned money to the
Enterprise Fund to cover its gap; and
Whereas: The current amount of this liability is $6,825,339;
and
Whereas: This Common Council is unwilling to impose an
increase in the Solid Waste User Fee to pay off this liability;
and
Whereas: There are too many citizens of this City for
whom a User Fee increase would be an excessive hardship
and burden;
Now, Therefore, Be It Resolved That:
This Common Council hereby authorizes abatement of the
General Fund Provision for Line 450 Deficits in the amount
of $6,825,339.
PASSED
AYES-13, NOES-0
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NO. 190
By: Mrs. LoTempio, Mrs. Ellington
PARKING PROBLEM AT BROADWAY AND PERSON
STREETS
Whereas: Recently, several complaints have been made
by a small business owner concerning a parking problem at
1347 Broadway and Person Streets in the City of Buffalo;
and
Whereas: The problem involves employees of the Board of
Education, specifically Public School #44, surrounding the
building with parked cars almost every business day; and
Whereas: Employees of School 444 are parking their
vehicles in front of the business on Broadway and along the
side entrance on Person Street; and
Whereas:These parked cars block access to the
building, making it difficult for customers to easily enter and
exit the business; and
Whereas:School 444 has an employee parking lot
directly behind the school that is significantly under utilized;
and
Whereas:The small business owner has
attempted several times to work with School #44 officials to
resolve this issue, but to no avail; and
Whereas:Small businesses are the lifeblood of the
Broadway commercial strip. Convenient parking for School
#44 employees should not be allowed to negatively impact
any business in this area;
Now Therefore Be It Resolved:
That the Department of Public Works investigate the
parking situation at the comer of Broadway and Person
Streets, specifically exploring alternatives such as "I Hour
Parking", or a "Loading - Unloading Zone", along the length
of the business on Person Street; and
Be It Further Resolved:
That the Department of Public Works file its report at the
next Common Council meeting on Tuesday, March 21, 2000.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE
SUPERINTENTANT OF THE BOARD OF EDUCATION
NO. 191
By: Mrs. Lotempio
SPECIAL REVENUE FUNDS/TRUST AND AGENCY
ACCOUNTS
Whereas:Special Revenue Funds/Trust and
Agency accounts are establish for a specific purpose and/or
project with funds restricted for the specified purpose: and
Whereas:There seems to be a number of
accounts established throughout the City, monitored by
various City Divisions; and
Whereas:In many instances, departments may
not have officially closed out completed grants; and
Whereas:It is imperative that the Common
Council have an accurate count of the number of these
accounts and the current balances;
Now, Therefore, Be It Resolved That:
This Common Council requests that the respective City
Departments furnish to this Council and to the Comptroller,
the status (active, complete, etc.) of the Special Revenue
Fund/Trust and Agency accounts which they administer; and
Be It Further Resolved That:
This Common Council requests that the Comptroller file
with this Council a report indicating the following:
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1. How many Special Revenue Fund/Trust and Agencies
accounts currently exist.
2. Account balances for all accounts
3. How long each account has been established
4. The source of funds
5. Division responsible for administrating the account; and
Be it Finally Resolved:
This report be filed with the City Clerk, 1308 City Hall, by
2:00 PM, Thursday, March 16, 2000.
REFERRED TO THE COMMITTEE ON BUDGET,
COMPTROLLER AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
NO. 192
BY: Mrs. LoTempio and Mr. Fontana
WORTHINGTON BUSINESS CENTER ACCESS ROAD
Whereas:The City of Buffalo and the Buffalo
Economic Renaissance Corporation (BERC) have been
working with the Worthington Business Center Property
Owners Association to develop a new access road from
Bailey Avenue to the Worthington Business Center; and
Whereas: The purpose of this access road is to lessen
noise, congestion, stress and safety concerns associated
with the industrial park; and
Whereas:In June 1997, the application for
Industrial Access Program funding for the Worthington
Business Center Access Road was approved by the New
York State Department of Transportation; and
Whereas:The project area is immediately north of
the point where Conrail track intersects Bailey Avenue; and
Whereas:The BERC had negotiated a very simple
crossing agreement with Conrail that would have only
required basic signage; and
Whereas:Norfolk Southern has taken over the
trackage rights from Conrail, for the spur which crosses over
the proposed access road; and
Whereas:Norfolk Southern has decided that they
want this crossing to have full gates and flashers, increasing
the cost of the project; and
Whereas:This worthwhile project has been
delayed for many construction seasons and it is hoped that
this project will start as soon as possible, so that another
construction season does not pass by;
Now Therefore Be It Resolved:
That Norfolk Southern appear before the Committee on
Legislation, on Tuesday, March 28, 2000, at 2:OOPM in
Council Chambers, stating the reasons and requirements for
the crossing; and
Be It Further Resolved:
That the BERC file a report with this honorable body
identifying the status of the negotiations between the BERC,
the New York State Department of Transportation and
Norfolk Southern; and
Be It Finally Resolved:
That these reports be filed in the City Clerk's office, by
Thursday, March 16, 2000 before 2:00 PM.
REFERRED TO THE COMMITTEE ON LEGISLATION ,
THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION AND THE NORFOLK SOUTHERN
RAILROAD
NO. 193
By: Ms. Martino
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DEVELOP A TRUST AND AGENCY ACCOUNT FOR
FUNDS FROM THE SALE OF SPECIAL EDWARD M.
COTTER FIREBOAT ENVELOPES
Whereas: The Edward M. Cotter is the oldest working
fireboat in the country and a designated National Landmark-,
and
Whereas: A 100th birthday celebration for the Cotter
fireboat is planned during this year's Fleet Waterfest on
August 5th and 6th; and
Whereas: Despite this Historic Landmark's esteemed
history of service to the City, the boat has lapsed in to a
state of disrepair; and
Whereas: Recent efforts to commemorate the 100th
birthday of the Cotter have resulted in an offer from the
Buffalo Envelope Company to print 10,000 copies of a Cotter
Commemorative Envelope that will be sold to raise funds for
the preservation of the fireboat, and
Whereas: These business-sized envelopes will feature an
attractive rendering of the Cotter and will be sold by Boy
Scout troops and other community minded organizations that
will donate the proceeds to the preservation of the Cotter:
Now, Therefore, Be It Resolved That:
This Common Council requests the Department of
Administration and Finance to set up a Trust and Agency
account for the proceeds of the sale of the Cotter
Commemorative Envelopes that are being donated by the
Buffalo Envelope Company; and
Be It Further Resolved That:
This Council requests that the Commissioner of Fire be
designated as the person who will administer and have
access to the account; and
Be It Further Resolved That:
This Council commends the Buffalo Envelope Company
and the community organizations who will be participating in
selling the envelopes, and sincerely thanks them for
performing a wonderful community service, and
Be It Finally Resolved That:
The City Clerk is hereby directed to send certified copies
of this resolution to the Buffalo Envelope Company and to
those organizations, as identified by the South District Office,
that will be participating in the envelope sales campaign.
This Common council request the Department of
Administration and Finance to set up a Trust and Agency
account for the proceeds of the sale of the Cotter
Commemorative Envelopes as well as any other donation for
the preservation or renovation of the Edward M. Cotter
Fireboat.
PASSED
AYES-13, NOES-0
NO. 194
By: Ms. Martino
RULES PERTAINING TO USE OF THE TIFFT NATURE
PRESERVE
Whereas: The Buffalo Museum of Science has a
lease with the City of Buffalo for the Tifft Nature Preserve
which permits them to lay out rules governing conduct on the
Preserve; and
Whereas:The lease with the City of Buffalo
stipulates that rules for the Tifft Nature Preserve be
submitted to the Corporation Counsel for their review; and
Whereas:New signage is being proposed for the
Tifft Nature Preserve. Prior to manufacturing this new
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signage, it is requested that the Corporation Counsel review
the following rules pertaining to the use of the Tifft Nature
Preserve:
No domestic pets of any kind may be brought on to Tifft
Nature Preserve at any time.
No animals of any type may be released on the Preserve.
Do not approach, disturb, pick up or feed any animal.
Do not pick, collect, or eat any plant or fruit found on the
Preserve.
Firearms are not allowed on the Preserve.
Bows and arrows, crossbows, pellet guns, etc. are not
allowed on the preserve.
No setting of wildlife traps is allowed.
Light no fires.
Picnicking is permitted at tables near the Visitors Center
only. No grilling of any kind.
No littering! Use the trash containers or carry your waste
out.
Alcoholic beverages not allowed on the Preserve.
No illegal drugs may be brought on to or used on the
Preserve.
Bicycles must be left in the rack at the Visitors Center.
No off road vehicles-motorcycles, ATV's etc. on the
Preserve.
The use of sleds, toboggans, or inner tubes is not
allowed on the Preserve.
Kites may not be flown on the Preserve.
Walk on established trails only.
Now, Therefore, Be It Resolved:
That the Corporation Counsel review the above listed rules
for the Tifft Nature reserve and report back to this Council as
to whether they comply with the rules and regulations
mandated in the City of Buffalo Charter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 195
By: Mr. Pitts and Mrs. LoTempio
CITY OF BUFFALO
INTRODUCTORY NO. 2 (2000)
A LOCAL LAWamending section twenty-five dash five
of article twenty-five of the charter of the city of Buffalo, in
relation to police and fire pensions.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That section twenty-five dash five of article
twenty-five of the charter of the city of Buffalo, adopted
pursuant to law, be amended to read as follows:
Sec. 466. Amount of Pension.
Pensions shall be paid in equal monthly installments as
follows:
(a) To a member retired pursuant to subdivision one of
section four hundred sixty-three of the charter of the city of
Buffalo in effect on July 1, 1999 or subdivision one of section
four hundred sixty-four of the charter of the city of Buffalo in
effect on July 1, 1999, a sum equal to one-half of such
member's salary or compensation received at the time of his
retirement, but not less than one thousand [thirty-five] eighty
five dollars per month.
To a member retired after this local law takes effect solely by
reason of twenty-five years of service, a sum equal to
one-half of such member's salary or compensation received
at the time of his or her retirement but not less than one
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thousand [thirty-five] eighty-five dollars per month.
(c) To a member retired pursuant to subdivision four of
section four hundred sixty-four of the charter of the city of
Buffalo in effect on July 1, 1999, a sum equal to one-half of
such member's salary or compensation received at the time
of his or her retirement but not less than one thousand
[thirty-five] eighty-five dollars per month.
(d) To a member retired pursuant to subdivision five of
section four hundred sixty-four of the charter of the city of
Buffalo in effect on July 1, 1999, a pension shall be granted
upon the conditions and at the rate applicable to said
member on the day preceding his or her receipt of said
notice of discharge or demotion but not less than one
thousand [thirty-five] eighty-five dollars per month.
(e) To a member retired by reason of having reached the
age of seventy years, a sum equal to one-half of such
member's salary or compensation received at the time of his
or her retirement but not less than one thousand [thirty-five]
eighty-five dollars per month.
(f) To any member retired on account of injury, disease or
disability and who has completed ten or more years of
service, a sum equal to one-half of such member's salary or
compensation received at the time of his or her retirement
but not less than one thousand [thirty-five] eighty-five dollars
per month.
(g) To the widow of any member heretofore or hereafter
killed in the discharge of his or her duty in said department, a
sum in monthly installments equal to his or her salary or
compensation for one year at the rate paid him or her at the
time of his or her death and after the first year the sum of
eight hundred and [ten] dollars per month.
(h) To the widow of any member who dies or has
heretofore died as a result of injury received in the discharge
of his or her duty in said department, a sum in monthly
installments equal to his or her salary or compensation for
one year at the rate paid him or her at the time of his or her
death and thereafter the sum of eight hundred and [ten] 10
dollars per month until her death or remarriage.
i To the widow of a member who dies or has heretofore
died while in service or after retirement, a sum of seven
hundred eight hundred and ten sixty dollars per month
during her lifetime or until her remarriage.
j) To each child of a deceased member and to any
incompetent son or daughter over the age of eighteen years,
the sum of ten dollars per month in a case where the
deceased left a widow surviving; in the event that such a
surviving widow shall predecease an incompetent son or
daughter said son or daughter shall be entitled to an amount
equal to the said widow's pension in addition to said pension
of ten dollars per month, or in the event that such widow
shall die without receiving a pension or shall remarry, then
an amount equal to the widow's pension shall be paid to
such child and to any incompetent son or daughter over the
age of eighteen years in addition to said pension of ten
dollars per month; if there be more than one child and more
than one incompetent son and daughter over the age of
eighteen years, then said additional amount shall be equally
divided among such children and incompetent children over
the age of eighteen years.
(n) In addition to any payments provided in subdivisions
one, two, three, four, five and six of this section, there shall
be paid to a member an annual pension total of the pension
amount as prescribed on June thirty [nineteen hundred
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ninety-nine] two thousand, plus an additional amount of
twenty-five dollars per month.
Section 2. This local law shall take effect July 1, 2000.
APPROVED AS TO FORM
Michael Risman
Corporation Council
LAID ON THE TABLE
NO. 196
By: Mr. Pitts and Ms. Grant
DUG'S DIVE
WHEREAS: There is a current proposal by the New York
Empire State Development Corporation (ESD) for excavation
and development of area surrounding the historic building
site of "Dug's Dive", a boarding house and saloon run by a
former slave, William Douglas during the pre and post Civil
War period (1840's - 1870's); and
WHEREAS: The old historic site of "Dug's Dive" is
significant to African American history in upstate New York;
and
WHEREAS: There is documentation of the "Dug's Dive"
site and many other businesses owned by
African-Americans in that area known as the "Black
Rock";and
WHEREAS: The entire site is threatened by plans to build
a Naval Museum on top of the "Dug's Dive" and "Negro
Block" site.
BE IT FINALLY RESOLVED THAT: The Common Council
supports the Development of plans for the site known as
DUGS- DIVE as part of the surrounding area under the
present Inner Harbor Plan
BE IT FURTHER RESOLVED THAT: This Honorable Body
in concert with Mayor Masiello, Erie County Executive
Giambra, the Erie County Legislature and elected officials
representing Western New York, fund projects to preserve,
and develop the site in its effort to promote historic tourism
ADOPTED
NO. 197
By: Mr. Pitts
CITY OF BUFFALO
LOCAL LAW NO. _ (2000)
INTRODUCTORY NO. 3 (2000)
A LOCAL LAWamending Article 14 of the Charter of
the City of Buffalo in relation to economic development
zones
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article Fourteen of the Charter of the City
of Buffalo, adopted pursuant to law, is hereby amended to
read as follows:
(a) By repealing Section 281 and adding a new
Section 281 to read as follows
Sec. 281. Economic Development Zones.
1. The Mayor of the City of Buffalo shall have the power to
prepare, execute and submit an application to the
Commissioner of Economic Development of the State of
New York for designation of an area or areas within the city
of Buffalo as an economic development zone.
3. The boundaries of the designated areas shall be defined
as that part of the city of Buffalo bounded by a line
described as follows:
SUB ZONE 1:
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PORTIONS OF CENSUS TRACTS (C.T.)
500,12.00,13.01,14.01,14.02,16.00,18.00,19.00, 20.00,
25.01, 27.01, 28.00, 31.00, 35.00, 68.00, 71.01, 71.02,
72.01, 72.02, and Census Tract 3, Block 901 and Block 133
and more fully described as follows:
Beginning at the point of intersection of center line of
Lakefront Boulevard with La Riviere Drive and running
thence southeasterly and along the center line of Lakefront
Boulevard to the northerly line of Erie Street; thence
southwest and southerly and along the northerly line of Erie
Street to the center line of Wilkenson Way; thence
northwesterly and along the center line of Wilkenson Way to
the center line of La Riviere Drive; thence southwesterly
along the center line of La Riviere Drive to the southeasterly
extension of the southwesterly line of Sub Lot 3 of Map filed
in Cover 2432; thence northwesterly and northeasterly along
the boundary of Sub Lot 3 to the northerly most comer of
Sub Lot 3; thence northeasterly and along the northwest line
of Sub Lot 4, Cover 2432 to its intersection with the
southwest line of Sub Lot 5, Cover 2432; thence
northwesterly and along the southwesterly line of Sub Lot 5
to the southeast line of Waterfront Circle; thence northeast
along the southeast line of Waterfront Circle to the
northeasterly most comer of Sub Lot 5; thence southeasterly
and along the northeast line of Sub Lots 4 and 5 and its
extension to the center line of La Riviere Drive; thence
northeasterly through and across the Niagara Section of the
New York State Thruway to the intersection of the easterly
boundary line of the New York State Thruway with the
southerly line of Charles Street; thence northeasterly and
along the southerly line of Charles Street to the center line of
The Terrace; thence southeasterly along the center line of
The Terrace to the center line of Swan Street; thence
easterly and along the center line of Swan Street to the
center line of Pearl Street;
Thence northerly along the center line of Pearl Street;
thence northerly along the center line of Pearl Street to the
center line of Huron Street; thence westerly along the center
line of Huron Street to its intersection with the southerly
extension of the westerly boundary line of the parcel
identified by SBL No. 111.37-4-9; thence northerly and
easterly along the boundary of SBL
No. 111.37-4-9 and across Franklin Street and continuing
easterly, and southerly along the northerly and easterly
boundary of that parcel identified as SBL No. 111.46-1-9 and
its southerly extension to the center line of Huron Street;
Thence easterly and along the center line of Huron Street to
the center line of Pearl Street; thence northerly along the
center line of Pearl Street to the center line of West Tupper
Street;
Thence easterly and along the center line of West Tupper
Street and East Tupper Street to Washington Street, thence
southerly and along the center line of Washington Street to
the center line of Swan Street; thence easterly and along the
center line of Swan Street to the center line of Oak Street;
thence northerly and along the center line of Oak Street to
the center line of Eagle Street; thence easterly and along the
center line of Eagle Street to the center line of Michigan
Avenue; thence northerly and along the center line of
Michigan Avenue to a point of intersection with the easterly
extension of the southerly line of a parcel of land identified
as SBL No. 11.55-83.
Thence westerly and southerly along the southerly and
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easterly boundaries of those parcels identified by SBL Nos.
111.55-8-3 and 111.55-8- 10, to the northerly line of Clinton
Street, thence westerly along the northerly line of Clinton
Street to the easterly line of Elm Street, thence northerly
along the easterly line of Elm Street to the southerly line of
William Street, thence easterly along the southerly line of
William Street to the center line of Michigan Avenue; thence
northerly along the center line of Michigan Avenue to a point
in the northwesterly line of Genesee Street, extended across
Michigan Avenue, thence southwesterly and along the
northwesterly line of Genesee Street and its extension to a
point thirty-five (35.0) feet southwest of the intersection of
the northwesterly line of Genesee Street with the westerly
line of Michigan Avenue; thence northwesterly and at right
angles to Genesee Street one hundred eighty-three and
ninety hundredths (183.90) feet, to a point;thence northerly
and at an interior angle 13 7 degrees 3 8 minutes, 46
seconds a distance of sixty-four and fifty hundredths (64.5 0)
feet, to a point; thence northeasterly and at an interior angle
of 135 degrees, 52 minutes, 39 seconds a distance of
forty-nine and seventy-two hundredths (49.72) feet to a
point; thence easterly and at right angles to Michigan
Avenue a distance of three and sixty-hundredths (3.60) feet
to a point; thence northerly and parallel to Michigan Avenue
a distance of one hundred sixty-five and ninety-nine
hundredths (165.99) feet, to a point; thence northeasterly
and along a line forming an interior angle of 139 degrees, 12
minutes 27 seconds a distance of forty-five and eighty-five
hundredths (45.85) feet, to a point; thence easterly on a
direct line through a point in the westerly line of Michigan
Avenue, said point being four hundred eleven (411.00) feet
north of the northwesterly line of Genesee Street, to a point
in the center line of Michigan Avenue; thence northerly along
the center line of Michigan Avenue to the center line of East
Tupper Street;
Thence westerly and along the center line of East Tupper
Street to the center line of Elm Street; thence southerly and
along the center line of Elm Street to the center line of
Genesee Street; thence southwesterly and along the center
line of Genesee Street to the center line of North Oak Street;
Thence northerly along the center line of North Oak Street to
the center line of Goodell Street; thence westerly along the
center line of Goodell Street to its intersection with the
westerly line of a parcel identified as SBL No. 111.31-11-2;
thence southerly easterly northerly and westerly completely
around the boundaries of SBL No. 111.31-11-2 to a point in
the center line of Goodell Street;
Thence westerly along the center line of Goodell Street to
the center line of Ellicott Street;
Thence southerly and along the center line of Ellicott Street
to its intersection with the westerly extension of the northerly
line of that parcel identified as SBL No. 111.31-7-3; thence,
easterly, southerly and westerly along the boundaries of SBL
No. 111.31-7-3 to the center line of Ellicott Street; thence
southerly along the center line of Ellicott Street to the center
line of East Tupper Street; thence westerly along the center
line of East Tupper Street to its intersection with the
southerly extension of the easterly line of that parcel
identified by SBL No. 111.31-7-2; thence northerly and
westerly along the easterly and northerly boundaries of SBL
No. 111.31-7-2 to its intersection with the center line of
Washington Street; thence southerly along the center line of
Washington Street to the center line of East Tupper Street.
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Thence westerly along the center line of East Tupper
Street to the Center line of Main Street; thence northerly
along the center line of Main Street to the center line of
Goodell Street;
Thence easterly along the center line of Goodell Street to
the center line of Washington Street; thence northerly along
the center line of Washington Street to the center line of
Burton Street; thence westerly along the center line of
Burton Street to the center line of Main Street, thence
northerly along the center line of Main Street to the center
line of Virginia Street;
Thence easterly along the center line of Virginia Street to its
intersection with the southerly extension of the easterly line
of the parcel identified by SBL No. 112-23 -1-4; thence
northerly and westerly along the easterly and northerly
boundary of SBL No. 112-23 -1-4 to its intersection with the
center line of Main Street; thence northerly and along the
center line of Main Street to the center line of Goodrich
Street; thence easterly along the center line of Goodrich
Street to the center line of Ellicott Street; thence southerly
along the center line of Ellicott Street to the center line of
High Street; thence westerly along the center line of High
Street to the center line of Washington Street; thence
southerly along the center line of Washington Street to its
intersection with the westerly extension of the southerly line
of the parcel identified by SBL No. 100.79-4-3; thence
easterly along the southerly and easterly line of SBL No.
100.79-4-3 and the southerly line of SBL No. 100-79-4-2 and
its extension to the center line of Ellicott Street; thence
southerly along the center line of Ellicott Street to the center
line of Virginia Street; thence westerly along the center line
of Virginia Street to the center line of Main Street; thence
southerly along the center line of Main Street to its
intersection with the easterly extension of the northerly line
of St. Louis Roman Catholic Church property which is
identified by SBL No. 111.22-9-22; thence Westerly and
southerly along the northerly and westerly boundaries of
SBL No. 111.22-9-22 to the center line of Edward Street;
thence westerly along the center line of Edward Street to the
center line of Franklin Street; thence northerly to its
intersection with the easterly extension of the northerly line
of parcel identified by SBL No. 111.22-9-12; thence westerly
and southerly along the northerly and westerly boundaries of
SBL- 111. 22-9-12 to the center line of Edward Street.
Thence westerly along the center line of Edward Street to
the center line of Virginia Street; thence southwesterly along
the center line of Virginia Street to the center line of Keep
Alley; thence northwesterly and southwesterly along the
center line of Keep Alley to the Center line of West Tupper
Street; thence northwesterly along the center line of West
Tupper Street to the center line of Maryland Street; thence
southwesterly along the center line of Maryland Street to the
center line of Niagara Street; thence northwesterly along the
center line of Niagara Street to its intersection with the
northeasterly extension of the northwesterly line of the Holy
Cross Roman Catholic Church property identified by SBL
No. 110.35-5-4; thence southwesterly and northwesterly
along the northwesterly and northeasterly lines of SBL Nos.
110.35-5-4 and 110.35-5-2 to the center line of Seventh
Street;
Thence northwesterly along the center line of Seventh
Street to the center line of Hudson Street; thence
northeasterly along the center line of Hudson Street to the
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center line of Prospect Avenue; thence southeasterly along
the center line of Prospect Avenue to the rear property line
of those parcels fronting on the northwesterly side of
Maryland Street; thence northeasterly along the rear
property line of all those properties fronting on the northwest
side of Maryland Street (except parcel identified by SBL No.
110.28-3-8) of Malta Place:
Thence easterly along the northerly line of Malta Place to a
point in said northerly line 73.35 feet west of the westerly line
of Maryland Street as measured along the northerly line of
Malta Place; thence northerly at right angles to Malta Place
to its intersection with the center line of Cottage Street to its
intersection with the center line of Virginia Street; thence
easterly along the center line of Virginia Street to its
intersection with the northerly extension of the westerly line
of the parcel identified by SBL No. 111.22-1-90; thence
southerly, westerly, easterly and northerly around the
boundaries of those parcels identified by SBL Nos.
111.22-1-90 and 111.22-1-51 to the center line of Virginia
Street; thence easterly along the center line of Virginia Street
to the center line of Ellicott Street; thence southerly along the
center line of Ellicott Street to the center line of Goodell
Street; thence easterly along the center line of Goodell
Street to the center line of Oak Street; thence southerly
along the center line of Oak Street to its intersection with the
westerly extension of the southerly line of the parcel
identified by SBL No. 111. 8100010001100;
Thence easterly and along the southerly line of SBL No.
111.3 1000 10001100 to its intersection with the center line
of Elm Street; thence northerly along the center line of Elm
Street to the center line of Goodell Street; thence easterly
along the center line of Goodell Street to the center line of
Mulberry Street extended southerly ;thence southerly along
the southerly extension of Mulberry Street to its intersection
with Genesee Street; thence southwesterly along the center
line of Genesee Street to the center line of Jefferson
Avenue; thence southerly along the center line of Jefferson
Avenue to the center line of Sycamore Street; thence
northeasterly along the center line of Sycamore Street to the
center line of Beckwith Street; thence easterly along the
center line of Beckwith Street to the center line of Madison
Street; thence southerly along the center line of Madison
Street to its intersection with the easterly extension of the
southerly line of the parcel identified by SBL No.
111.42-1-20; thence westerly and along the southerly line of
the parcel identified by SBL No. 111.42-1-20 and the
extension of said southerly line to its intersection with the
center line of Jefferson Avenue; thence southerly and along
the center line of Jefferson Avenue to the center line of
Matthews Street; thence southwesterly along the center line
of Matthews Street to its intersection with the northerly
extension of the westerly line of that parcel identified by SBL
No. 111.41-4-13; thence southerly and easterly along the
westerly and southerly boundaries of SBL parcel Nos.
111.41-4-13 and 111.41-4-14 to the center line of Jefferson
Avenue; thence southerly along the center line of Jefferson
Avenue to the center line of Broadway.Thence easterly
along the center line of Broadway to the center line of
Lathrop Street; thence northerly along the center line of
Lathrop Street to the center line of Walden Avenue; thence
easterly along the center line of Walden Avenue to the
center line of Roetzer Street; thence northerly along the
center line of Roetzer Street to the center line of Genesee
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Street; thence southwesterly along the center line of
Genesee Street to the center line of Louisen Street; thence
northerly along the center line of Louisen Street to the center
line of Northampton Street; thence westerly along the center
line of Northampton Street to the center line of Kehr Street;
thence northerly along the center line of Kehr Street to the
center line of French Street;
Thence easterly and along the center line of French Street
to the center line of the former Penn Central Railroad
night-of-way; thence southerly along the center line of the
former Penn Central right-of-way to the center line of Urban
Street; thence easterly along the center line of Urban Street
to the center line of Barthel Street; thence southerly along
the center line of Barthel Street to the center line of Genesee
Street; thence southwesterly along the center line of
Genesee Street to the center line of the former Penn Central
Railroad right-of-way; thence southerly along the center line
of the former Penn Central night-of-way to the northerly line
of Broadway;
Thence easterly along the northerly line of Broadway to
the southwest comer of that land parcel identified as SBL
No. 112.2200003 004100; thence northerly and along the
westerly and northwesterly line of SBL No.
112.2200003004100; and 112.2200003 024000 to the
northerly most comer thereof, thence southerly and along
SBL No. 112.2200003024000; and SBL No.
112.220000301700 (including the portion of said parcel
extended into Schmarbeck Street) to the northwesterly
comer of SBL No. 112.2200003 010100; thence easterly and
along the northerly line of said parcel across Schmarbeck
Street and along the northerly line of parcels SBL No.
112.2200004019000 and parcel No. 112.2200009018000 to
the midway line between Schmarbeck Street and Rommel
Street; thence northerly and along said midway line to the
northerly line of SBL Parcel No. 1112.2200004017000;
thence easterly and southerly along said parcel to the north
line of Broadway; thence easterly along the north line of
Broadway to the southwest comer of the SBL parcel
112.2200004015 0000; thence northerly and easterly along
said parcel and the easterly extension of the north line of
said parcel to the center line of Rommel Street; thence
southerly and along the center line of Rommel Street to the
center line of Broadway; thence westerly along the center
line of Broadway to its intersection with the center line of
Memorial Drive; thence along the center line of Memorial
Drive to the rear property line of those properties fronting on
the southerly side of Broadway; thence westerly along the
rear line of those properties fronting on the southerly side of
Broadway to the westerly line of Clark Street; thence
southerly along the westerly line of Clark Street to a point in
the west line of Clark Street 248.89 feet south of the
southerly line of Kent Street; thence westerly and parallel to
Kent Street to the center line of Lombard Street; thence
southerly along the center line of Lombard Street to the rear
line of the lands of the Broadway Market; thence westerly
and along the rear line of the Broadway Market and its
westerly extension to the mid-way line between Gibson
Street and Fillmore Avenue; thence southerly along said
mid-way line to the southeast Corner of the parcel formerly
known as Police Station No. 3; thence westerly along the
southerly line of the former Police Station No. 3 parcel and
its westerly extension to the center line of Fillmore Avenue;
thence southerly along the center line of Fillmore Avenue to
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the center line of Paderewski Drive.
Thence westerly along the center line of Paderewski Drive to
the center line of Wilson Street; thence northerly along the
center line of Wilson Street to the rear property line of those
parcels fronting on the south side of Broadway; thence
westerly along the rear property line of those properties
fronting on the south side of Broadway to the center line of
Emslie Street; thence northerly to the southerly line of
Broadway; thence westerly along the southerly line of
Broadway to the center line of Watson Street; thence
southerly along the center line of Watson Street to the rear
property line of those parcels fronting on the south side of
Broadway; thence westerly along the rear property lines of
those properties fronting on the south side of Broadway to a
point 27.0 feet west of Adams Street; thence northerly and
parallel to Adams Street to the southerly line of Broadway;
thence westerly along the southerly line of Broadway to the
center line of Monroe Street; thence southerly along the
center line of Monroe Street to the rear property line of those
parcels fronting on the south side of Broadway; thence
westerly along the rear property line of those properties
fronting on the south side of Broadway to the mid-way line
between Madison Street and Jefferson Avenue; thence
southerly along the mid-way line across Peckham Street to a
point 120 feet south of the southerly line of Peckham Street;
thence westerly parallel to Peckham Street to a point in the
center line of Jefferson Avenue; thence northerly along the
center line of Jefferson Avenue to the center line of
Peckham Street; thence westerly along the center line of
Peckham Street to the center line of Mortimer Street; thence
northerly along the center line of Mortimer Street to the
center line of Hollister Street; thence westerly along the
center line of Hollister Street to the center line of Spring
Street; thence southeasterly along the center line of Spring
Street to the rear property line of those parcels fronting on
the north side of William Street; thence easterly along the
rear property line of those parcels fronting on the north side
of William Street to the center line of Emslie Street; thence
southerly along the center line of Emslie Street to the
northerly line of William Street; thence easterly along the
northerly line of William Street to the center line of Kettner
Street; thence northerly along the center line of Kettrier
Street to the rear property line of those parcels fronting on
the northerly side of William Street; thence easterly along the
rear propertly line of those parcels fronting on the north side
of William Street to the center line of Smith Street; thence
southerly along the center line of Smith Street to the center
line of William Street; thence northeasterly along the
southeasterly line of Memorial Drive to the southeasterly line
of Curtiss Street; thence northeasterly along the
southeasterly line of Curtiss Street to it s easterly,terminus at
the former New York Central parcel; thence northwesterly
across Curtiss Street to the north westerly line of Curtiss
Street; thence southwesterly along the northwesterly line of
Curtiss Street to the southeasterly line of Memorial Drive;
thence northeasterly along the southeasterly line of
Memorial Drive to the southerly line of Paderewski Drive;
thence easterly and along the southerly line of Paderewski
Drive to its easterly terminus; thence northerly across
Paderewski Drive to the northerly line of Paderewski Drive;
thence westerly along the northerly line of Paderewski Drive
to its intersection with the westerly line of that parcel known
as New York Central Terminal and identified by SBL No.
Page 90
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112.09-1 - 1. 1; thence northeasterly, easterly and northerly
along the westerly and northerly boundaries of SBL No.
112.09- 1 - 1.1 to the westerly right-of-way line of the former
Penn Central Road; thence southwesterly along the westerly
right-of-way line of the former Penn Central Railroad
right-of-way to the center line of William Street; thence
westerly along the center line of William Street to the center
line of Jefferson Avenue; thence southerly along the center
line of Jefferson Avenue to its intersection with the easterly
extension of the center line of McNeely Drive; thence
westerly along the center line of McNeely Drive and its
extension to the center line of Hickory Street; thence
northerly along the center line of Hickory Street to the center
line of William Street; thence westerly along the center line
of William Street to the center line of Durham Street; thence
southerly along the center line of Durham Street to the
center line of Clinton Street; thence westerly along the
center line of Clinton Street to the center line of Pine Street;
thence northerly along the center line of Pine Street to the
center line of Milnor Street to the center line of Broadway;
thence southwesterly along the center line of Broadway to
the center line of Nash Street; thence southeasterly along
the center line of Nash Street to the center line of William
Street; thence westerly along the center line of William
Street to the center line of Michigan Avenue; thence
southerly along the center line of Michigan Avenue to the
center line of Eagle Street; thence easterly along the center
line of Eagle Street to the center line of Pine Street; thence
southerly along the center line of Pine Street to the center
line of South Division Street; thence westerly along the
center line of South Division Street to the northerly extension
of the westerly line of that parcel identified by SBL No.
111.71-2-7; thence southerly along the westerly line of SBL
No. 111.71-2-7 to the center line of Swan Street; thence
easterly along the center line of Swan Street to the northerly
extension of the westerly line of that parcel identified by SBL
No. 111. 71-4-27. 1; thence southerly along the westerly line
of SBL No. 111.71-4-27.1 to the center line of Myrtle
Avenue; thence easterly along the center line of Myrtle
Avenue to the center line of Chicago Street; thence northerly
along the center line of Chicago Street to the center line of
Swan Street; thence easterly along the center line of Swan
Street to the center line of Hamburg Street; thence northerly
and northeasterly along the center line of Hamburg Street to
the center line of Jefferson Avenue; thence southerly along
the center line of Jefferson Avenue to the center line of
Myrtle Avenue; thence westerly along the center line of
Myrtle Avenue to the center line of Hamburg Street;
Thence southerly along the center line of Hamburg Street to
the center line of Seneca Street; thence easterly along the
center line of Seneca Street to the center line of Fillmore
Avenue; thence northerly along the center line of Fillmore
Avenue to the center line of Hardwood Place; thence
easterly along the center line of Hardwood Place to the
center line of Dillon Street; thence northerly and westerly
along the center line of Dillon Street to the center line of
Fillmore Avenue; thence northeasterly and along the center
line of Fillmore Avenue to its intersection with the easterly
extension of the southerly line of South Division Street;
thence westerly and along the southerly line of South
Division Street to the center line of Comelia Street;
Thence southwesterly along the center line of Comelia
Street to the center line of Smith Street; thence northerly
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along the center line of Smith Street to the southerly
right-of-way line of the former Pennsylvania Railroad north of
South Division Street; thence easterly along the southerly
right-of-way line of the former Pennsylvania Railroad to the
northwesterly line of Fillmore Avenue; thence northeasterly
along the northwesterly line of Fillmore Avenue to the
northerly right-of-way line of the former Pennsylvania
Railroad; thence westerly along the northerly right of-way
line of the former Pennsylvania Railroad to the easterly line
of Smith Street; thence northerly and along the easterly line
of Smith Street to the northwesterly comer of a parcel of land
identified as SBL No. 111.8300005014100; thence easterly
and along the northerly line of SBL parcel No.
111.8300005014100 and its easterly extension to the
easterly line of Fillmore Avenue; thence southwesterly and
along the easterly line of Fillmore Avenue to the center line
of the former Pennsylvania Railroad right-of-way to its
intersection with the westerly right-of-way line of former
Norfolk and Western Railroad; thence northeasterly along
the northwesterly right of-way line of the Norfolk and
Western Railroad to the southerly most comer of a land
parcel identified as SBL No. 112.7700004001000; thence
westerly and northerly along the southerly and westerly line
of SBL No. 112.7700004001000 to the center line of Clinton
Street; thence southeasterly along the center line of Clinton
Street to the northeasterly extension of the easterly line of
that parcel identified as SBL No. 123.2100001003000;
thence southwesterly, westerly, northerly and northeasterly
around the boundaries of SBL No. 123.2100001003 000 to
the center line of Clinton Street; thence northwesterly along
the center line of Clinton Street to its intersection with the
center line of the Norfolk & Western Railroad; thence
southwesterly along the center line of the Norfolk and
Western Railroad to the center line of the right-of-way of the
former Pennsylvania Railroad right-of-way; thence easterly
and along the center line of the former Pennsylvania
Railroad right-of-way to the center line of the right-of-way of
the former Erie-Lackawanna Railroad; thence southwesterly
along the center line of the former Erie Lackawanna Railroad
right-of-way to the northerly line of Seneca Street; thence
southeasterly and along the northeasterly line of Seneca
Street and including those parcels fronting on the
northeasterly line of Seneca Street and identified as SBL
parcel numbers:
123.2900002010000
123.2900003022000
123.3700004025000
123.3700006023100
123.3700006027000
123.3800001009000
123.3800001006100
123.3800002027000
123.3800002026000
123.3800002025000
123.3800002024000
123.3800003001600
and including the parcel owned by
Precision Millwork
297 Babcock Street
SBL No. 123.29000030001000
to the easterly line of Hayes Street; thence northerly along
the easterly line of Hayes Street to the northerly line of
former Bayard Street; thence westerly and along the
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northerly line of former Bayard Street to the westerly most
comer of the land parcel identified as SBL No.
123.090000400200; thence northerly and easterly along the
boundaries of SBL parcel No. 123.090000400200 and SBL
parcel No. 123.0900004006000 to the westerly line of Bailey
Avenue; thence northerly and along the westerly line of
Bailey Avenue to the southeast comer of land parcel
identified as SBL No. 123. 1000001001100; thence westerly,
northerly, easterly and southerly around the boundary SBL
parcel No. 1123. 1000001001100 to a point in the westerly
line of Bailey Avenue 10 feet north of the northerly
right-of-way line of the former Pennsylvania Railroad; thence
easterly and at right angles to Bailey Avenue to a point in the
easterly line of Bailey Avenue; thence northerly and along
the easterly line of Bailey Avenue to a point 310 feet + south
of the south line of Clinton Street; thence westerly at right
angles across Bailey Avenue to a point in the westerly line of
Bailey Avenue; thence northerly and along the westerly line
of Bailey Avenue to the southerly line of Clinton Street;
thence westerly along the southerly line of Clinton Street to
the midway line between Kirkover Street and Hobart Street
and including all those parcels identified as SBL Nos.
123.0600002007000; 123.0600002006000;
123.0600002004000; 123.0600002003000 and
123.0600002002000; thence northerly and at right angles at
Clinton Street to a point in the north line of Clinton Street
which is the southwest comer of SBL parcel No.
123.2300001010 100; thence northerly, easterly, southerly
and easterly around the parcel boundaries of SBL Nos.
123.2300001010100; 123.0600001015110 and
123.0600001014100 to a point in the westerly line of Bailey
Avenue; thence southerly and along the west line of Bailey
Avenue to the south line of Clinton Street; thence easterly
and along the south line of Clinton Street to the west line of
Roberts Avenue; thence southerly and along the west line of
Roberts Avenue to the south line of former Roesser Avenue;
thence easterly and along the south line of Roesser Avenue
to the east line of Kelburn Street; thence northerly along the
cast line of Kelbum Street to the northwest comer of land
parcel SBL No. 123.1000002016000; thence easterly and
along the north line of SBL No. 123.10000020116000 to a
point in the west line of Houghton Park; thence southerly
along the west line of Houghton Park to the northerly
right-of-way line of the former Pennsylvania Railroad; thence
northeasterly and along the northerly right-of-way line of the
former Pennsylvania Railroad to its intersection with the
southerly boundary line of the Niagara Section of the New
York State Thruway:
Thence southwesterly and along the southerly boundary of
the New York State Thruway to the center line of Bailey
Avenue; thence northerly and along the center line of Bailey
Avenue to its intersection with the northerly boundary of the
New York State Thruway; thence southwesterly and along
the northerly line of the New York State Thruway to its
intersection with the south line of Seneca Street; thence
northwesterly and along the south line of Seneca Street to its
intersection with the center line of Walter Street including
those parcels fronting on the south line of Seneca Street and
identified by SBL numbers as:
122.3600004001000
2000
3000
4000
Page 93
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5000
6000
7000
337.0001001000
123.3700003001000
123.3700003003000
8000
123.3700004001000
and 123.7000005008000
Thence southerly along the center line of Walter Street to
the center line of Perry Street; thence around the boundaries
of those parcels identified as SBL Nos. 122.1200001003000,
122.1200001007100, 1221200001008000,
122.1200001007200, 122.1200001009100, 122.1200001033
100 and 122.1600001009000 to the intersection of the
center line of South Park Avenue with the northwesterly dock
line of the Buffalo River; thence southeasterly across the
Buffalo River along the center line of South Park Avenue to
the southeasterly dock line of the Buffalo River.
Thence northerly and easterly to its intersection with the
center line of the Erie-Lackawanna Railroad; running thence
southwesterly along the center line of the Erie-Lackawanna
Railroad to its intersection with the center line of South Park
Avenue to its intersection with New Abby Street; running
thence southwesterly and southerly along the center line of
New Abby Street and Abby Street to its intersection with the
easterly extension of the northerly line of the parcel of land
known as SBL No. 132.08-1-6; running thence westerly and
southwesterly along the southerly line of the above
described parcel to its intersection with the former Erie
Railroad right-of-way; running thence northerly along the
westerly line of the former Erie Railroad right of-way to its
intersection with the southwesterly line of that parcel
identified by SBL No. 122.201-233; thence northeast and
northwest along the boundaries of SBL Nos. 122.20-1-233
and 122.16-1-81 to the easterly dock line of the Buffalo
River; thence easterly and northerly along the dock line of
the Buffalo River to the point of center line of South Park
Avenue.
Thence northwesterly along the center line of South Park
Avenue to the center line of Lee Street; thence northerly
along the center line of Lee Street to the center line of Elk
Street; thence easterly along the center line of Elk Street to
the center line of Walter Street; thence northerly along the
center line of Walter Street to the center line of Seneca
Street; thence northwesterly along the center line of Seneca
Street to its intersection with the center line of the
right-of-way of the Erie Lackawanna Railroad.
Thence southwesterly along the center line of the
Erie-Lackawanna Railroad right-of-way to its intersection
with the center line of Exchange Street; thence westerly
along the center line of Exchange Street to the center line of
Van Rensselaer Street; thence southerly along the center
line of Van Rensselaer Street to the center line of Perry
Street; thence easterly along the center line of Perry Street
to the center line of the Erie-Lackawanna Railroad
right-of-way; thence southwesterly and along the center line
of the Erie-Lackawanna Railroad right-of-way to the center
line of Fulton Street; thence westerly along the center line of
Fulton Street to the center line of Van Rensselaer Street;
thence southerly along the center line of Van Rensselaer
Street to the center line of South Park Avenue; thence
westerly along the center line of South Park Avenue to the
Page 94
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center line of Fitzgerald Street; thence southerly along the
center line of Fitzgerald Street to the center line of Mackinaw
Street; thence westerly along the center line of Mackinaw
Street to the center line of Katherine Street; thence northerly
along the center line of Katherine Street to the center line of
South Park Avenue; thence westerly along the center line of
South Park Avenue to the center line of Red Jacket Street;
thence northerly along the center line of Red Jacket Street to
the center line of Fulton Street; thence easterly along the
center line of Fulton Street to the center line of the Penn
Central Railroad right-of-way; thence northerly along the
Penn Central Railroad right-of-way to the northerly boundary
of the Niagara Section of the New York State Thruway;
thence westerly along the northerly boundary of the New
York State Thruway to the center line of Hamburg Street;
thence northerly along the center line of Hamburg Street to
the center line of the Penn Central Railroad right-of-way,
thence westerly along the center line of the Penn Central
Railroad right-of-way to the east line of Michigan Avenue;
thence southerly along the east line of Michigan Avenue to
the center line of Scott Street; thence easterly along the
center line of Scott Street to the center line of West Market
Street; thence southerly along the center line of West Market
Street to the center line of Perry Street; thence westerly
along the center line of Perry Street to the center line of
Michigan Avenue; thence southerly along the center line of
Michigan Avenue to the center line of South Park Avenue;
thence westerly along the center line of South Park Avenue
to the center line of Columbia Street;
Thence northerly along the center line of Columbia Street
to the center line of Perry Street, thence westerly along the
center line of Perry Street to the center line of Mississippi
Street; thence southerly along the center line of Mississippi
Street to the center line of South Park Avenue; thence
westerly along the center line of South Park Avenue to the
center line of Illinois Street; thence northerly along the center
line of Illinois Street to the center line of Perry Street; thence
easterly along the center line of Perry Street to the center
line of Columbia Street; thence northerly along the northerly
extension of the center line of Columbia Street to the center
line of Scott Street; thence easterly along the center line of
Scott Street to the westerly line of Michigan Avenue; thence
northerly along the westerly line of Michigan Avenue to the
northerly line of Exchange Street; thence westerly along the
northerly line of Exchange Street to the easterly line of lands
acquired by the New York State Thruway for the Elm/Oak
Interchange Project; thence northerly and northeasterly
along the easterly line of the Elm/Oak Interchange to its
intersection with the south line of Seneca Street; thence
westerly along the south line of Seneca Street to the easterly
line of Washington Street; thence northerly along the
easterly line of Washington Street to the center line of Huron
Street; thence easterly along the center line of Huron Street
to the westerly line of Oak Street; thence northerly along the
westerly line of Oak Street to the northerly line of the parcel
identified by SBL No. 1114600005013100 (Old Editions
Book Shop); thence westerly and southerly along the
northerly and westerly lines of SBL No. 1114600005 013 100
to the northerly line of Huron Street; thence westerly and
along the northerly line of Huron Street to the easterly line of
Washington Street; thence northerly along the easterly line
of Washington Street to the center line of Tupper Street;
thence westerly along the center line of Tupper Street to the
Page 95
00-0307.txt
center line of Washington Street; thence southerly along the
center line of Washington Street to the center line of Perry
Street; thence westerly along the center line of former Perry
Street to the center line of Main Street; thence southerly
along the center line of Main Street to the northerly dock line
of the Buffalo River; thence northwesterly along the northerly
dock line of the Buffalo River to the westerly boundary line of
the so-called Inner Harbor Project; thence northerly and
easterly along the boundary lines of the so-called Inner
Harbor Project to the center line of Main Street; thence
northerly and along the center line of Main Street to its
intersection with the easterly extension of the line of the
southerly face of the Memorial Auditorium; thence westerly,
northerly and easterly along face of Memorial Auditorium
and the easterly extension of the northerly face of the
Auditorium to the center line of Main Street; thence northerly
along the center line of Main Street to the center line of
Seneca Street; thence westerly along the center line of
Seneca Street to the center line of the Buffalo Skyway;
thence northwesterly along the center line of the Buffalo
Skyway to the center line of Erie Street; thence
southwesterly along the center line of Erie Street to the
center line of Lakefront Boulevard; running thence
northwesterly along the center line of Lakefront Boulevard to
the point or place of beginning.
Excepting from the above described parcel, the following
properties identified by SBL number and address as:
SBL STREET SIDEHOUSE
DIRECTION NO
1115600003034000 BENNETT STE 111
1115600002030100 BENNETT ST 114
1115600002029000 BENNETT STW122
1115600002027100 BENNETT STW 124
1115600002025100 BENNETT STW130
1115600002065000 BENNETT STW 134
1115600003042000 BENNETT STE135
1115600003043000 BENNETT STE139
1115600003063100 BENNETT STE141
1115600002021000 BENNETT STW142
1115600003063200 BENNETT STE 45
1115600002020000 BENNETT STW146
1115600002019000 BENNETT STW148
1115600002018000 BENNETT STW150
1115600003048000 BENNETT STE153
1115600003049000 BENNETT STE155
1115600002017000 BENNETT STW156
1115600003062200 BENNETT STE157
1115600002016000 BENNETT STW160
1115600002015000 BENNETT STW162
1115600003062100 BENNETT STE163
1115600002014000 BENNETT STW166
1115600003054000 BENNETT STE169
1115600003055000 BENNETT STE171
1115600002011120 BENNETT STW172
1115600002011110 BENNETT STW176
1115600003061000 BENNETT STE177
1115600002010000 BENNETT STW178
1115600003058000 BENNETT STE181
1115600002009000 BENNETT STW182
1115600002008000 BENNETT STW184
1115600003059000 BENNETT STE 185
1115600002007000 BENNETT STW186
1115600003060000 BENNETT STE187
Page 96
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1115600004043000 CEDARE233
1115600003017000 CEDARW 244
1115600003016000 CEDARW246
1115600004068200 CEDARE247
1115600004068120 CEDARE251
1115600003013000 CEDARW254
1115600004068110 CEDARE257
1115600003012000 CEDARW260
1115600004054000 CEDARE261
1115600003010000 CEDARW264
1115600003009000 CEDARW274
1113300007029000 EUREKAE15
1113300007030000 EUREKAE19
1113300007031000 EUREKAE23
1113300007032000 EUREKAE25
1113300007033000 EUREKAE27
1113300007034000 EUREKAE31
1113300007035000 EUREKAE33
1113300007036110 EUREKA37
1113300007036120 EUREKA43
1113300007036130 EUREKA49
1113300007036140 EUREKA53
1113300007036150 EUREKA57
1113300007036160 EUREKA63
1113300007044000 EUREKAE67
1114000003052000 HICKORYW462
1114000003053000 HICKORYW466
1114000004034000 HICKORYE471
1114000003054000 HICKORYW472
1114000004033000 HICKORYE475
1114000003017000 HICKORYW476
1114000004032000 HICKORYE479
1114000004031000 HICKORYE483
1114000003015000 HICKORYW484
1114000004030000 HICKORYE485
1114000004029000 HICKORYE487
1114000003014000 HICKORYW488
1114000004028000 HICKORYE491
1114000003013000 HICKORYW492
1114000003012000 HICKORYW494
1114000003011000 HICKORYW498
1114000004024000 HICKORYE499
1114000003010000 HICKORYW500
1114000004025000 HICKORYE501
1114000003009000 HICKORYW502
1114000003008000 HICKORYW504
1114000004026000 HICKORYE505
1114000003007000 HICKORYw510
1114000004027000 HICKORYE511
1114900004024110 MORTIMERE101
1114900004024120 MORTIMERE105
1114900004024130 MORTIMERE111
1114900004024140 MORTIMERE115
1114900004031100 MORTIMERE119
1114900004033000 MORTIMERE125
1114900004034000 MORTIMERE127
1114900004035000 MORTIMERE131
1114900004036110 MORTIMERE133
1114900004036120 MORTIMERE135
1117200003019000 MYRTLE213
1117200003020000 MYRTLE217
1117200003021000 MYRTLE223
1117200003022000 MYRTLE227
Page 97
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1117200003001100 MYRTLE233
1117200003002000 MYRTLES235
1115600002040000 PINE STE199
1115600001021000 PINE STW200
1115600002041000 PINE STE203
1115600001022000 PINE STW204
1115600002042000 PINE STE205
1115600001020000 PINE STW206
1115600002043000 PINE STE207
1115600001019000 PINE STW208
1115600001018000 PINE STW210
1115600002044000 PINE STE211
1115600001051100 PINE STW212
1115600002045000 PINE STE213
1115600002064320 PINE STE217
1115600001051200 PINE STW218
1115600001013000 PINE STW222
1115600002064310 PINE STE223
1115600001011100 PINE STW226
1115600002064220 PINE STE227
1115600001009100 PINE STW230
1115600002064210 PINE STE231
1115600002064110 PINE STE235
1115600001007100 PINE STW236
1115600002064120 PINE STE237
1115600001006000 PINE STW240
1115600001005000 PINE STW244
1115600002055000 PINE STE245
1115600002056000 PINE STE247
1115600002059000 PINE STE255
1115600002060000 PINE STE257
1115600001057000 PINE STW258
1115600002061000 PINE STE259
1115600002062000 PINE STE261
1115600002063000 PINE ST E263
1115600001056000 PINE STW266
1115600001055000 PINE STW272
1115600001054000 PINE STW278
1115600001053000 PINE STW286
1115600001058200 PINE ST288
1115600001052100 PINE ST296
1114900002004130 PRATTE 295
1114000006022100 PRATTW 328
1114100007051000 PRATTE 333
1114000006046000 PRATTW 340
1114000006017000 PRATTW348
1114000006016000 PRATTW352
1114100007050100 PRATTE355
1114100007050200 PRATTE357
1114000005032000 PRATTE387
1114000004038000 PRATT390
1114000005033000 PRATTE391
1114000004039000 PRATT396
1114000005034000 PRATTE397
1114000004040000 PRATT402
1114000004009111 PRATTW406
1114000005035000 PRATTE407
1114000005031000 PRATTE413
1113200007014000 PRATTE417
1113200007015000 PRATTE419
1113200007016000 PRATTE421
1113200007017000 PRATTE425
1113200007018100 PRATTE427
Page 98
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1113200007020000 PRATTE431
1113200007021000 PRATTE433
1113200007022000 PRATTE441
1117200003018000 SENECA390
1117200003017000 SENECA394
1117200003016000 SENECA400
1117200003015000 SENECA404
1117200003014000 SENECA410
1117200003011100 SENECA412
1117200003010000 SENECAN418
1114900006012100 SPRING398
1114900006010100 SPRING406
1114900003027100 SPRING407
1114900006008100 SPRING410
1114900006006100 SPRINGW418
1114100007053200 SPRINGW462
1114100007053100 SPRINGW472
1114100007025000 SPRINGW476
1114100007023000 SPRINGW480
1114800003028000 SPRUCEE11
1114800002013000 SPRUCEW12
1114800002012000 SPRUCEW14
1114800003029000 SPRUCEE15
1114800003030000 SPRUCEE17
1114800003031000 SPRUCEE19
1114800003032000 SPRUCEE21
1114800003034000 SPRUCEE23
1114800003033000 SPRUCEE25
1114800003035000 SPRUCEE27
1114800003036000 SPRUCEE31
1114800003037000 SPRUCEE33
1114800003038000 SPRUCEE35
1114800003040000 SPRUCEE43
1114800003041000 SPRUCEE47
1114800003042000 SPRUCEE49
1114800002011000 SPRUCEW52
1114800003043000 SPRUCEE53
1114800002009100 SPRUCEW54
1114800003044000 SPRUCEE55
1114800003045000 SPRUCEE59
1114800002008000 SPRUCEW60
1114800002007000 SPRUCEW62
1114800003046000 SPRUCEE63
1114800003005000 SYCAMORES207
1114000002028000 SYCAMOREN212
1114800003006100 SYCAMORES213
1114000007014100 SYCAMORES223
1114000007014200 SYCAMORES229
1114000003027000 SYCAMOREN232
1114000003026000 SYCAMOREN236
1114000003025100 SYCAMOREN242
1114000003051000 SYCAMOREN244
1114000006041000 SYCAMORES253
1114000006042000 SYCAMORES255
1114000004035000 SYCAMOREN256
1114000004036000 SYCAMOREN258
1114000006005000 SYCAMORES261
1114000006006000 SYCAMORES263
1114000004017000 SYCAMOREN264
1114000004037200 SYCAMOREN266
1114000006007000 SYCAMORES267
1114000004011110 SYCAMORE272
1114000006008100 SYCAMORE273
Page 99
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1114000006043000 SYCAMORES285
1114000005015100 SYCAMOREN306
1114100007008100 SYCAMORES313
1115600005054200 WALNUTE185
1115600005054100 WALNUTE195
1115600005045100 WALNUTE197
1115600005053000 WALNUTE203
SUB-ZONE 2 :
Portions of census tracts 36, 39.01, 39.02, 40.01, 41 and 42
more fully described as follows:
Beginning at a point in the center line of East Amherst Street
at its intersection with the westerly line of the former Erie
Railroad right-of-way; thence easterly along the center line of
East Amherst Street to the center line of Clarence Avenue;
thence southerly along the center line of Clarence Avenue to
an angle point; thence southwesterly and parallel to
Kensington Avenue 129 feet, plus or minus, to a point;
thence southeasterly at right angles to Kensington Avenue
115 feet, plus or minus, to a point in the northerly line of
Kensington Avenue and continuing thence southerly on said
line extended to the center line of Kensington Avenue;
thence northeasterly along the center line of Kensington
Avenue to the center line of Northumberland Avenue; thence
southerly along the center line of Northumberland Avenue to
its intersection with the easterly extension of the northerly
line of Subdivision Lot Number 5 of map cover 271; thence
westerly at right angles to Northumberland Avenue to the
northwest comer of Subdivision Lot Number 5; thence
southerly along the rear line of Subdivision Lots Numbers 5
through 33 of cover 271 to the southwest comer of sublot 33;
thence easterly along the southerly line of Subdivision Lot
Number 33 to the center line of Northumberland Avenue;
thence southerly along the center line of Northumberland
Avenue and through and across the Kensington Expressway
to the center line of former Warwick Avenue; thence westerly
along the center line of former Warwick Avenue to the
easterly right-of-way line of the former D L & W Railroad;
thence southeasterly along the easterly right-of-way line of
the former D L & W Railroad to its intersection with the
center line of East Delavan Avenue; thence westerly along
the center line of East Delavan Avenue to a point of
intersection with the northwesterly extension of the
southwesterly right of-way line of the Niagara Mohawk
Power Corporation by deed filed in Liber 5301 at page 44;
thence southeasterly along the southwesterly and the
westerly line of the night-of-way of the Niagara Mohawk
Power Corporation right-of-way to its intersection with the
northerly line of that parcel identified by SBL No. 101.24-1-5;
thence easterly and along the northerly line of parcels
identified by SBL Nos. 101.24-1-5, 101.24-1-4, 101.24-1-6,
101.24-1-7 and 101.24-1-8 to its intersection with the center
line of the former D L & W Railroad right-of-way; thence
northwesterly along the center line of the former D L & W
Railroad right-of-way to its intersection with the center line of
Barnett Place; thence easterly along the center line of
Barnett Place to the center line of Bailey Avenue; thence
southerly along the center line of Bailey Avenue to the center
line of Northland Avenue; thence westerly along the center
line of Northland Avenue to the center line of the former D L
& W Railroad right-of-way; thence southeasterly along the
center line of the former D L & W Railroad right-of-way to the
center line of Scajaquada Street; thence southwesterly and
westerly along the center line of Scajaquada Street to its
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intersection with the easterly line of that parcel identified by
SBL No. 101. 3 1 - I - 1; thence southerly, westerly and
northerly along the easterly, southerly and westerly
boundary of SBL No. 101. 3 1 -1 -1 to the center line of
Scajaquada Street.
Thence westerly along the center of Scajaquada Street to
the center line of Cornwall Avenue; thence northerly along
the center line of Cornwall Avenue to the center line of East
Delavan Avenue; thence easterly along the center line of
East Delavan Avenue to the center line of Norfolk Avenue;
thence northerly and along the center line of Norfolk Avenue
to its intersection with the easterly extension of the northerly
line of Subdivision Lot Number 89 as shown on map filed in
Cover 274; thence westerly along the northerly line of
Subdivision Lot 89 and Subdivision Lot 21 to the center line
of Northumberland Avenue; thence northerly along the
center line of Northumberland Avenue to the center line of
Sussex Avenue; thence westerly along the center line of
Sussex Avenue to the center line of Cornwall Avenue;
thence northerly along the center line of Cornwall Avenue to
the center line of Pembroke Avenue.
Thence east along the center line of Pembroke Avenue to
the westerly line of the Erie Railroad right-of-way; thence
northerly along the westerly line of the Erie Railroad
right-of-way and across the Kensington Expressway to the
center line of Warwick Avenue; running west along the
center line of Warwick Avenue to a point 320 feet, plus or
minus, east of the center line of Wyoming Avenue; thence
north and at right angles to Warwick Avenue 140 feet, plus
or minus, to a point; thence west parallel with Warwick
Avenue 100 feet, plus or minus, to a point; thence northerly
parallel with Wyoming Avenue 555 feet, plus or minus, to a
point. Thence westerly and parallel with Warwick Avenue to
the center line of Wyoming Avenue; thence northerly and
along the center line of Wyoming Avenue to its intersection
with the center line of Kensington Avenue; thence
northeasterly along the center line of Kensington Avenue to
its intersection with the westerly right-of-way line of the Erie
Railroad;
Thence northwesterly and along the westerly right-of-way
line of the Erie Railroad to its intersection with the easterly
extension of the southerly line of Central Park Avenue;
thence westerly along southerly line of Central Park Avenue
and its extension 1220 fee, plus or minus, to a point; thence
northerly at right angles 470 feet, plus or minus, to a point;
thence westerly parallel with Central Park Avenue 200 feet,
plus or minus, to a point; thence northerly at right angles 330
feet, plus or minus, to a point; thence westerly parallel to
Central Park Avenue to its intersection with the center line of
Holden Avenue. Thence northerly and along the center line
of Holden Avenue to its intersection with the center line of
Rockwood Avenue; thence westerly along the center of
Rockwood Avenue to its intersection with the center line of
Fillmore Avenue; thence northerly along the center line of
Fillmore Avenue to its intersection with the southeasterly line
of Main Street; thence northeasterly along the southeasterly
line of Main Street to the southwesterly line of the parcel
identified by SBL No. 0892800007003 100 (Lifestylers Street
Gear); thence southeasterly, southwesterly, southeasterly,
northeasterly, northwesterly, westerly, southwesterly and
northwesterly around the boundary lines of SBL No.
0892800007003 100 to the center line of Main Street; thence
southwesterly and along the center line of Main Street to the
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easterly right-of-way line of the formerly Belt Line. Thence
southerly along the easterly right-of-way line of the former
Belt Line to the southerly line of Jewett Avenue; thence
easterly along the south line of Jewett Avenue to the center
line of Halbert Street; thence northerly along the center line
of Halbert Street and its northerly extension to the southerly
line of that parcel identified by SBL No. 089.3600006033
100.
Thence easterly and northerly along the boundaries of
089.3600006033 100 and northerly and northwesterly along
the boundaries of SBL parcel No. 089.3600006036100 to a
point in the southwesterly line of Main Street; thence
northeasterly and along the southeasterly line of Main Street
to the westerly most comer of SBL parcel No. 089.3
600006002 100; thence southeasterly, southerly and
easterly along the SBL parcel No. 089.3 600006002 100 and
its easterly extension to the center line of Fillmore Avenue;
thence northerly and along the center line of Fillmore
Avenue to the center line of Chalmers Avenue; thence
easterly along the center line of Chalmers Avenue to its
intersection with the center line of Holden Avenue; thence
southerly and along the center line of Holden Avenue 90
feet, plus or minus, to a point; thence easterly along the
south face of a masonry building 70 feet, plus or minus, to
the comer of said building; thence northerly and along the
east face of the masonry building to its comer; thence
westerly and along the north face of the masonry building
and its extension to the center line of Holden Avenue; thence
northerly along the center line of Holden Avenue I 10 feet,
plus or minus, to a point; running thence easterly and along
the south face of a masonry building 1150 feet, plus or
minus, to a point; running thence southerly and at night
angles to Central Park Avenue 280 feet, plus or minus,
running thence westerly and parallel to Central Park Avenue
700 feet to a point; running thence southerly at night angles
to Central Park Avenue to its intersection with the center of
Central Park Avenue; running thence easterly and along the
center line of Central Park Avenue 425 feet to a point;
running thence northerly at right angles to Central Park
Avenue 260 feet to a point; running thence easterly parallel
with Central Park Avenue 350 feet to a point; running thence
southerly at right angles to Central Park Avenue to its
intersection with the center line of Central Park Avenue;
running thence easterly along the center line of Central Park
Avenue to its intersection with the easterly line of Manhattan
Avenue; running thence northerly along the easterly line of
Manhattan Avenue 200 feet to a point; running thence
easterly parallel with Central Park Avenue to its intersection
with the south westerly line of Erie Railroad night-of-way;
running thence northwesterly and along the southwesterly
night-of-way of the Erie Railroad to the point of beginning.
SUB-ZONE 3:
Portion of census tract No. 1 and more particularly described
as follows:
Being all the land situate in lots 17 and 18 of the so-called
Ogden Gore Tract that was conveyed by the Hanna Furnace
Corporation to Jordan and Foster Scrap Corporation by deed
dated July 8, 1983, filed in the Erie County Clerk's Office in
deed liber 9240, at pages 523 to 538 and identified by SBL
number 1321900001004000, EXCEPTING from said parcel
the waters of the Union Ship Canal.
Section 2. This local law shall take effect immediately.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the
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00-0307.txt
Municipal Home Rule Law that the immediate passage of
this Local Law is necessary.
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL
NO. 198
By: Mr. Pitts
SECOND COMMON COUNCIL HEARING ON HICKORY
WOODS
Whereas: Beginning in the 1980's, the Buffalo Urban
Renewal Agency engagged In a residential infiling program
in tile Hickory Woods neighborhood, and eighteen (18) of the
homes that have been built are located oil former Republic
Steel/LTV property; and
Whereas:It has turned out that at least some of
the soils in this neighborhood are contaminated with high
levels Of Polynuclear Aromatic Hydrocarbons (PAH's),
compounds that are believed to be carcinogenic; and
Whereas:Oil December 8, 1999, this Common
Council field a hearing at the Triangle Academy during which
Hickory Woods residents gave moving testimony oil their
plight; and
Whereas: Several residents testified about serious health
concerns that they believe are related to the contaminants at
Hickory Woods, and many of them asked for help in
relocating from this neighborhood; and
Whereas: After this hearing, the Council participated in a
December 17th meeting with representativesof the US
Environmental Protection Agency (EPA), the US Agency for
Toxic Substances and Disease Registry (ATSDR), the NYS
Department of Health (DOH) and the NYS Department of
Environmental Conservation (DEC), and
Whereas:At this meeting, Councilmembers asked
those agencies to take a lead role in examining
contamination Issues in the Hickory Woods neighborhood,
designing a health study in Consultation with the
neighborhood, and beginning the process of relocating those
residents who wish to leave the area, and
Whereas:It is now almost three months later, and
it is time to all update from Hickory Woods residents as well
as a progress report from the agencies who are charged with
addressing the Hickory Woods contamination issues,
Now, Therefore, Be It Resolved That:
This Common Council hereby sets a hearing oil the Hickory
Woods Contamination Issue for Thursday, March 23, 2000
at 10 AM in Common Council Chambers, located on the 13th
floor of City Hall; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this
resolution with all invitation to attend the March 2nd hearing
to the WNY Congressional delegation: the WNY State
Legislative Delegation: to James A. Smith, Executive
Director of the Buffalo Office for the Environment, 901 City
Hall; to Richard Ammerman, President of tile Hickory Woods
Hoillcowner"s Association, 289 Abby Street, Buffalo, NY,
14220; tOJL1dy Robillson of the Citizens Environmental
Coalition, 425 Elmwood Avenue., Buffalo., NY, 14202; to
Richard Salkle, P.E., Chief Removal Action Branch, USEPA.
2890 Woodbride Avenue. Edison, NJ, 08837; to Akiiii P.
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00-0307.txt
Vernia, USEPA Environmental Engineer, at tile saille
address, to Arthur Block, Senior Regional Representative of
ATSDR at 290 Broadway, Floor 18, New York, New York,
10003: to Gerald Mikoll, Regional Director of the NYSDEC.
270 Michigan Avenue, Buffalo, NY 14203, to G. Anders
Carlson. Ph.D., Director of the Bureau of Environmental
Exposure. NYSDOH. 547 River Street, Troy, NY 12180, and
to Salvatore W. Page, Associate Commissioner, NYSDOH,
Western Regional Office. 584 Delaware Avenue, Buffalo,
NY, 14202-1295.
ADOPTED
NO. 199
By Mr. Pitts:
HEARING-MAYOR'S APPT. SCHOOL BOARD
(HRG. - 3/16)
Whereas:The state Legislative is considering
legislation to grant the Mayor of the City of Buffalo the power
to appoint two members to the Buffalo Board of Education;
and
Whereas:There needs to be public discussion of
this issue within the City of Buffalo
Now, Therefore Be It Resolved:
That the Common Council shall hold a public hearing on the
proposed legislation to grant the Mayor of the City of Buffalo
the power to appoint two members tot he Buffalo Board of
Education.
Be It Further Resolved:
That the Public Hearing shall be held on March 16, 2000 in
the Common Council Chambers at 6:00 PM.
REFERRED TO THE COMMITTEE ON EDUCATTON
NO. 200
BY MS. MILLER-WILLIAMS
SALARY ORDINANCE AMENDMENT
04 - DIVISION OF AUDIT
1043 - DEPARTMENT OF AUDIT
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Ordinances of
the City of Buffalo, relating to 04 - Division of Audit, 1043 -
Department of Audit, which reads:
2 Supervising Auditor $ 40,404 - $ 47,314
1 Grants Audit Supervisor $ 40,404 - $ 47,314
1 Chief Payroll Auditor $ 40,404 - $ 47,314
Is hereby amended to read:
3 Supervising Auditor $ 40,404 - $ 47,314
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
We, ANTHONY R. NANULA, COMPTROLLER and JAMES
B. MILROY, DIRECTOR C 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 Sa
position be fixed at the respective amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
Page 104
00-0307.txt
title for the proposed position.
ANTHONY R. NANULA
COMPTROLLER
JAMES B. MILROY PH.D
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Michael Risman
Corporation Counsel
03/01/00 ATTACHMENT
PASSED
AYES-13, NOES-0
NO. 201
BY: MS. MILLER - WILLIAMS
SALARY ORDINANCE AMENDMENT
44 - DEPARTMENT OF HUMAN SERVICES, PARKS &
RECREATION
1307 - SUBSTANCE ABUSE / YDA - DACC
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 44 - Department of Human
Services, Parks and Recreation, 1307 - Substance Abuse /
YDA-DACC, which reads:
6Senior Counselor $ 31,796 - $ 36,633
4Case Manager$ 27,499 - $ 31,072
Is hereby amended to read:
5Senior Counselor$ 31,796 - 36,633
5Case Manager$ 27,499 - 31,072
We, DANIEL T. DURAWA, COMMISSIONER OF HUMAN
SERVICES, PARKS AN RECREATION and JAMES B.
MILROY, DIRECTOR OF BUDGET, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of the
department. We recommend that the compensation for said
position be fixed at the respective amount s forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal
Civil Service Commission, and said Commission has
approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service
title for the propose position.
DANIEL T. DURAWA
COMMISSIONER OF HUMAN SERVICE
PARKS AND RECREATION
JAMES MILROY, PH.D
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Corporation Counsel
02/23/00 ATTACHMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 202
By: Mrs. Barbara Miller-Williams
RE-ZONING OF 46 GRAPE STREET
Whereas:The Gethsemane Missionary Baptist
Church has been a reputable church located in the Ellicott
District; and
Whereas:This Common Council approved a
resolution at its Session held on September 7, 1999, waiving
all fees associated with the development of a Daycare
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00-0307.txt
Facility located at 46 Grape Street; and
Whereas:Under the leadership of the Rev.
Herbert V. Reid, his congregation and the Gethsemane
Foundation, the Daycare is in its final stages of completion;
and
Whereas:The Gethsemane Missionary Baptist
Church and its property located at 46 Grape Street is
currently zoned R-2 and needs to be re-zoned R-3 to receive
its appropriate licenses and begin its daily operation;
Whereas:That this Common Council support the
"Re-Zoning" of 46 Grape Street from R-2 to R-3 in order to
meet its requirement to operate a Daycare at the said
address.
Now, Therefore Be It Resolved:
That this Common Council begin the process for re-zoning
this parcel and that the matter be referred to the Committee
on Legislation and the City Planning Board for their review
and approval.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, AND THE CITY PLANNING
BOARD
NO. 203
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 Dr. Jeffrey L. Grace
By Councilmember James Pitts
Felicitation for Patrick Cray
By Councilmember James Pitts
Felicitation for Santita Jackson
By Councilmember James Pitts
Felicitation for Patricia A. Franklin
By Councilmember James Pitts
Felicitation for Rev. William Cobb Jr.and Licentiate Cobb
By Councilmember James Pitts Felicitation for Karima Amin
By Councilmember James Pitts Felicitation for Wallace and
Florence Wilson
By Councilmember James Pitts
Felicitation for Charles Davis
By Councilmember Charley H.Fisher III
ADOPTED.
NO. 204
BY: BARBARA A. WILLIAMS
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
commissioner of Deeds for the term ending December 31,
2000 conditional. upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Melanie Flintjer
ADOPTED.
UNFINISHED BUSINESS
NO. 205
BOND RESOLUTION- $200,000-CHIPPEWA/ELMWOOD
IMPROVEMENTS
(#150-C.C.P., FEB. 22, 2000)
Page 106
00-0307.txt
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Bonifacio
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Ms. Williams
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 206
BOND RESOLUTION-$500,000-HOMEOWNERSHIP ZONE
IMPROVEMENTS
(#151-C.C.P., FEB. 22, 2000)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Bonifacio
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mrs. Williams
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 207
BOND RESOLUTION-
$1,400,000-CONVERSION-FREDERICK DOUGLAS
TOWER
(#152-C.C.P., FEB. 22, 2000)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by Mr. Bonifacio
CARRIED
Mrs. LoTempio now made a motion to approve said item.
Seconded by Mrs. Williams
ADOPTED.
PASSED
AYES-13, NOES-0
NO. 208
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Council Chambers, 13th Floor, City Hall, Buffalo, New
York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 14, 2000 at 9:30
o'clock A.M.
Special Mtg.-Civil Service Comm. -Wednesday, March 8,
2000 at 2:00 o'clock P.M. -Room 1417.
Committee on FinanceTuesday, March 14, 2000
following Civil Service
Committee on Legislation Tuesday, March 14, 2000 at 2:00
o'clock P.M.
Committee on Comm. Dev. Wednesday, March 15, 2000 at
10:00 o'clock A.M.
Committee on Education Wednesday, March 15, 2000 at
2:00 o'clock P.M.
Ancillary Meetings
MBECMonday, March 13, 2000 at 10:00 o'clock A.M.
1417 City
Budget Committee Monday, March 13, 2000 at 1:00 o'clock
P.M. - 1417 City Hall
Public Hearing-Education Comm.-Thursday, March 16, 2000
Page 107
00-0307.txt
at 6:00 o'clock P.M.-Council Chambers-Mayoral Appts.-Bd.
Of Ed.
NO. 209
ADJOURNMENT
On a motion by Mrs. LoTempio, seconded by Mr. Fontana
the Council adjourned At 4:50 pm
Page 108