HomeMy WebLinkAbout97-0401
No 7
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 1, 1997
TASKFORCES
MAYOR AUDITORIUM AND STADIUM TASK FORCE:
Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K.
Lockwood, Rosemarie LoTempio , Corporation
COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee,
Joel A. Giambra Commissioner of Community Development/Designee,
Commissioner of Administration and Finance/Designee,
COMMON COUNCIL President of Development Downtown.
PRESIDENT OF THE COUNCIL
James W. Pitts ERIE BASIN MARINA TASK FORCE: James W.
Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood,
PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public
David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee,
Buffalo Sabres/Aud Club.
MAJORITY LEADER
Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David
Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John
COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan,
Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula
Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of
Olmsted desingee, Commissioner of Parks/Designee,
DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of
ALFRED T. COPPOLA - DELAWARE Community Development/Designee.
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane-
DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry
BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark
ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro,
DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr.
BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P.
KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE: David
REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul
Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna
CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon
Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk,
Bonnie Kane-Lockwood, Members
CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman,
Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron
Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio
Members.
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie
LoTempio , Robert Quintana, Barbara Kavanaugh Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbara A. Kavanaugh
Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray,
Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T.
Coppola, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer,
Byron Brown
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl
a. Perla, Jr.
POLICE REORGANIZATION COMMITTEE: David J.
Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio
CORPORATION PROCEEDINGS
COMMONCOUNCIL
CITYHALL-BUFFALO
TUESDAY,APRIL1,1997 The applicant seeks to expand his existing restaurant
AT2:00P.M. by placing an outdoor cafe measuring 48 feet by 10 feet,
yielding approximately 480 square feet in area.
PRESENT - James W. Pitts President of the Council, The cafe will be located entirely on private property.
and and Council Members Brown, Coppola, Czajka, The site is located in the EB "Elmwood Business"
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, zone which considers the expansion of eating and drinking
LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. places to be restricted uses which require the approval of your
Honorable Body. Under SEQR the proposed expansion is
ABSENT - None. considered a Type 11 action which does not require
environmental review.
On a motion by Mrs. LoTempio, seconded by Mr. The Planning Board voted to approve the proposed outdoor
Czajka, the minutes of the stated meeting held on March cafe.
18, 1997 were approved. REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.5
FROMTHEMAYOR REQUESTTODESIGNATETHETHEATREDISTRICT
NO.1
VETOMESSAGE- URBANDEVELOPMENTACTIONAREA
CITYOWNEDWATERFRONTPROPERTY The City Planning Board at its regular meeting held
ITEMNO.168,C.C.P.,3/18/97 Tuesday, March 25, 1997 voted to approve the designation of
the Theatre District Urban Development Action Grant pursuant
At the March 18, 1997 meeting, the Common to Article 16 of the General Municipal Law and made applicable
Council voted to approve a policy initiative for the City of Buffalo by your Honorable Body's Resolution, Item No. 184, C.C.P.,
that required, as a condition of sale, the City to hold title to or February 18, 1997.
retain an exclusive easement for a one hundred foot wide strip This action was taken pursuant to a public hearing
of city-owned land along the waterfront. Under my authority which the Planning Board convened and at which opponents
granted by Section 38 of the Charter of the City of Buffalo, I and proponents of the project were invited to speak. There
hereby veto this action by the Common Council. being no opposition, the City Planning Board voted its
First, I must make clear that I do not oppose efforts unqualified approval and respectfully requests that your
to increase public access to the waterfront. I recognize that Honorable Body set a public hearing at your earliest
waterfront policies of the past, or the lack thereof, have convenience for the final disposition of the designation.
diminished the City's control over waterfront lands. The REFERRED TO THE COMMITTEE ON COMMUNITY
problem needs to be addressed. Waterfront revitalization is DEVELOPMENT
extremely important to this administration. The City needs an FROMTHECOMPTROLLER
active waterfront that is an asset to be exploited for the good of NO.6
the whole City. That is why we have spearheaded efforts to INTERFUNDLOAN
redevelop and reclaim the waterfront. Over the last six years, the City has provided interfund
These efforts include economic development that loans from the City General Fund to The City, Board and
will help bring needed jobs to this area. It includes efforts to Enterprise Capital Projects Funds to implement financing of the
develop the inner harbor for the enjoyment of the entire city. Capital Improvements Budget. The interfund loans are repaid
These plans require the interest and the investment of the when the Bond Anticipation Notes or Bonds are issued to
private sector. Public dollars alone will not bring Buffalo the finance these projects.
waterfront it deserves. It is vital that the City encourage As of today, we have one request for money to finance
investment and growth along the waterfront. I have concerns projects and we will not reenter the bond market at this time.
that this proposed policy will discourage future development We are requesting that you approve interfund cash
and derail current waterfront projects. loan from the General Fund to the City's Capital Projects Fund
I understand what the Common Council is trying to in the amount of $17,500 for Renovation of Apollo Theatre.
do and agree with the goals. I believe an alternative policy can The loan will be repaid when Bond Anticipation Notes or Bonds
be adopted by the City that preserves everyone's hopes for the are issued.
waterfront. I am willing to approve a policy that both preserves From To Account Repayment Date
the waterfront for the public and promotes successful 100 Gen. 200 Capital Projects 202-402-001 BAN/Bond Sale
development. The policy as currently proposed, I believe, does Total-$17,500
not allow the City to market the waterfront as the asset we know Mrs. LoTempio moved:
it to be. That the communication from the
For this reason, I must return this item without my approval. Comptroller, dated March 4, 1997, be received and filed; and
Mrs. LoTempio moved to sustain the Mayor’s veto on the above That the Comptroller be, and he hereby is,
item. authorized to make an interfund cash loan from the General
SUSTAINED. Fund to the City's Capital Projects Fund in the amount of
AYES - 13 NOES - 0 $17,500 for Renovation of Apollo Theater. The loan will be
NO.2 repaid when Bond Anticipation Notes or Bonds are issued.
LIABILITYFORTEACHER'SCONTRACT PASSED AYES- 13 NOES- 0
ITEM#40,C.C.P.MARCH18,1997 NO.7
In response to your request for my comments on Item INTERFUNDLOANS
#40, C.C.P. March 18, 1997, "Liability for Teacher's Contract," 620-TRUSTANDAGENCY
please be advised that I concur with the Corporation Counsel's 200-314-00-000
communication. Certain federal and state aided programs require a
REFERRED TO THE COMMITTEE ON EDUCATION cash advance until the program is operating and
FROMTHEMAYOR-EXECUTIVEDEPARTMENT reimbursement is received.
FROMTHECITYPLANNINGBOARD I have reviewed the program listed below and
NO.3 determined the cash needs to be warranted. I have approved
S.BARANI,REQUESTTOREZONE491ONTARIO an interfund cash loan to be made in the maximum amount
FROMCLTOML listed below as needed, subject to your approval. Loan is
ITEMNO.116,C.C.P.,3/4/97 payable at date of reimbursement.
The City Planning Board at its regular meeting held From To Grant- Repayment Date Total
Tuesday, March 25, 1997 considered the matter captioned 100 Gen. 620-200-314-00-000 Jan, 1998 $8,064.00
pursuant to section 511-126 of the Buffalo Code, Title: 1997 - 1998 COMBAT GRANT PROGRAM
Amendments to the Zoning ordinance. Mrs. LoTempio moved:
The Planning Board voted to receive and file the matter That the communication from the
captioned since your Honorable Body has already approved it. Comptroller, dated March 18, 1997, be received and filed; and
RECEIVEDANDFILED That the Comptroller be, and he hereby is,
.
authorized to make an interfund cash loan from the General
NO.4
Fund in the amount of $8,064.00 for 1997-1998 Combat Grant
CONGREGATIONBETHABRAHAM,REQUESTTOPLACE
Program. The loan is payable at date of reimbursement.
ANOUTDOORCAFEAT1065ELMWOODAVENUE
PASSED. AYES-13. NOES-0.
ITEMNO.94,C.C.P.,3/18/97
NO.8
The City Planning Board at its regular meeting held
RESULTOFNEGOTIATIONS
Tuesday, March 25, 1997 considered the matter captioned
88HOLT,180'ELEWIS
above pursuant to section 511-56 of the Buffalo
LOTSIZE:240'X136'
Code, Restricted uses in the Elmwood Business District.
ASSESSEDVALUATION:$16,300 the release of documents for the transfer of title and that the
The Comptroller's Office, Division of Real Estate, has Mayor be authorized to execute the same.
received a request from the Food Bank of Western New York, PASSED.
91-95 Holt Street, Buffalo, New York 14206, to acquire the AYES-13. NOES-0.
above captioned property. The Food Bank intends to improve NO.10
this property for parking and create a community garden. CORRECTANERROR-HOMESTEAD
The Department of Community Development and the 247O'CONNELLINSTEADOF
Division of Collections have been contacted and they have no 249O'CONNELL
objection to the sale. There are no outstanding demolition ITEMNO.134,C.C.P.1/21/97
liens, taxes or other amounts owed to the City of Buffalo by the In the above referenced item Your Honorable Body
purchaser. authorized the homesteading of 249 O'Connell to Ms. Pauline
An independent appraisal of the property was Felschow of 245 O'Connell. We incorrectly informed Your
conducted by Mr. Frank A. Pirritano, Appraiser, P.O. Box 650, Honorable Body of the address to be homesteaded. The
West Seneca, New York 14224. He has estimated the value of correct address should have been 247 O'Connell and not 249
the subject property to be Sixty-Three Hundred Dollars O'Connell.
($6,300.00). This represents approximately Twenty-Six Dollars Therefore, we are recommending that Your
($26.00) a front foot for the subject property. The Division of Honorable Body approve the city-owned vacant lot located at
Real Estate has investigated the sales of similar properties in 247 O'Connell be designated as Homestead Property and be
the area. Sale prices range from Twenty-Six Dollars ($26.00) a transferred to Ms. Pauline Felschow upon the conditions that
front foot to Eighty-one Dollars ($81.00) a front foot. The the property is cleared and improved within six (6) months and
Division of Real Estate concurs with the appraiser's estimate of is maintained in a sanitary manner.
value. RECEIVED AND FILED.
The results of our negotiations are that the Food Bank NO.11
of Western New York has agreed and is prepared to pay Sixty-REPORTOFAUDIT
Three Hundred Dollars ($6,300) for the subject property. They IN-REMACTIONNO.30
have also agreed to pay for the cost of the appraisal, recording In response to the directive requiring the Comptroller to file
fees, transfer tax and cost of the legal description. audit reports with the Common Council, I hereby submit copies
I am recommending that Your Honorable Body approve of the In-Rem Action No. 30 for the period November 1, 1995
the sale of 88 Holt Street to the Food Bank of Western New to October 31, 1996.
York in the amount of Sixty-Three Hundred Dollars ($6,300). I AUDIT SUMMATION
am further recommending that the Corporation Counsel • Through the combined efforts of the
prepare the necessary documents for the transfer of title and Department of Assessment Tax Office and the Division of
that the Mayor be authorized to execute the same. Collections, over $8.2 million dollars in tax arrears and interest
REFERRED TO THE COMMITTEE ON FINANCE. was collected prior to. In Rem action #30 (re: Exhibit A).
NO.9 • The Department of Assessment Tax Office
RESULTOFNEGOTIATIONS sends out notices warning property owners that their property
55MAPLE,125'NGOODELL can be taken from them through the In Rem proceedings. The
LOTSIZE:25'X100' Division of Collections uses personal liability as its motivating
ASSESSEDVALUATION:$1,100 factor.
32MULBERRY,100’NGOODELL • There are problems associated with both
LOTSIZE:25'X100' collection mechanisms. In Rem proceedings allow absentee
ASSESSEDVALUATION:$1,100 owners to walk away from their responsibilities. At the same
216GOODELL,75’WMULBERRY time under New York State Real Property Tax Law, personal
LOTSIZE:20'X32' liability cannot be used against property owners who do not
ASSESSEDVALUATION:$500 reside in the Plaintiff's tax district. These problems are in
ITEMNO.207,C.C.P.3/18/97 addition to the possibility that the City may have to choose
ITEMNO.217,C.C.P.3/4/97 which method they are going to use to collect unpaid taxes. As
In the above referenced items Your Honorable Body previously noted, the Law Department has not informed the
authorized the Comptroller's Office, Division of Real Estate, to Department of Assessment or the Division of Collections as to
negotiate with St. John's Baptist Church, 184 Goodell Street, whether the City can pursue personal liability for unpaid taxes
Buffalo, New York 14204, to acquire the above captioned after the property has been filed on for In Rem proceedings.
properties. • If the City must choose prior to filing In Rem
An independent appraisal of the property was proceedings, each property may have to be evaluated for which
conducted by Mr. Thomas L. Evege, Appraiser, 1600 Jefferson collection method would work best. Items to consider would
Avenue, Buffalo, New York 14208. He has estimated the value include whether the property is owner occupied, value of
of the properties as follows: property, etc. However, the cost of such an undertaking may
55 Maple - Seven Hundred and Fifty Dollars be prohibitive and should be considered as the next In Rem
($750.00) action approaches.
32 Mulberry - Seven Hundred and Fifty Dollars REFERRED TO THE COMMITTEE ON FINANCE, THE
($750.00) COMMISSIONER OF ASSESSMENT, THE
216 Goodell - Three Hundred and Fifty Dollars COMMISSIONER OF ADMINISTRATION & FINANCE AND
($350.00) CORPORATION COUNSEL
The sale prices range between Twenty-Three Cents NO.12
(.23) per square foot and Fifty-Four Cents (.54) a square foot. REPORTOFAUDIT
The Division of Real Estate concurs with the appraiser's DEPARTMENTOFASSESSMENT
estimates of values. PAYMENTSIN-LIEUOFTAXES
The results of our negotiations are that St. John's In response to the directive requiring the Comptroller
Baptist Church has agreed and is prepared to pay a total to file audit reports with the Common Council, I hereby submit
purchase price of Eighteen Hundred and Fifty Dollars copies of the Payments in-lieu of Taxes (PILOTS) for the
($1,850.00) for the subject properties. They have also agreed period July 1, 1992 to March 1, 1997.
to pay for the cost of the appraisal, recording fees, transfer tax AUDIT FINDINGS
and cost of the legal descriptions. • We found five (5) PILOTS overbilled by $58,686.03
I am recommending that Your Honorable Body (Schedule -1).
approve the sale of 55 Maple, 32 Mulberry and 216 Goodell to • We found fourteen (14) PILOTS underbilled by $235,537.50
St. John's Baptist Church in the amount of Eighteen Hundred (Schedule -2).
and Fifty Dollars ($1,850.00) I am further recommending that • We found two (2) PILOTS not being billed and totaling
the Corporation Counsel prepare the necessary documents for $421,681.60 (Schedule -3).
the transfer of title and that the Mayor be authorized to execute • The City is currently owed over $1.5 million from delinquent
the same. PILOT accounts receivable
Mrs. LoTempio moved: (Exhibit B).
That the offer of St. John's Baptist Church, 184 • We have examined 130 PILOT agreements covering the
Goodell Street to acquire 55 Maple, 32 Mulberry and 216 fiscal years 1992-93 to 1996-97 and report that said
Goodell in the amount of $1,850.00 be and hereby is accepted, billings have increased from $2.7 million to $4.6 million
subject to the purchaser agreeing to pay the costs during this period, representing an approximate 70%
of the appraisal, recording fees, transfer tax and the cost of the increase in PILOT invoiced revenues (Exhibit A).
legal description, and; REFERRED TO THE COMMITTEE ON FINANCE, THE
That the Corporation Counsel be hereby authorized to prepare COMMISSIONER OF ASSESSMENT AND ERIE COUNTY
INDUSTRIAL DEVELOPMENT AGENCY Body authorize the Corporation Counsel to prepare the
NO.13 necessary lease renewal and that the Mayor be authorized to
REPORTOFAUDIT execute the same.
DEPARTMENTOFPUBLICWORKS REFERRED To THE COMMITTEE ON FINANCE.
ERIEBASINMARINALEASEAGREEMENT NO.16
ITEMNO.37,C.C.P.2/18/97 RESPONSETOGETHSEMANEMISSIONARY
In response to the directive requiring the Comptroller to file BAPTISTCHURCH-ACQUIREPROPERTY
audit reports with the Common Council, I hereby submit AT22ROSE
copies of the Erie Basin Marina Lease for the period VACANTLOT:25'X100'
February 1, 1994 to February 28, 1997. ASSESSEDVALUATION:$1,100
AUDIT FINDINGS ITEMNO.86,C.C.P.3/16/97
• Our examination of the lease rental payments received The above referenced item was referred to the
by the City has revealed an overpayment totaling Comptroller's office for a response. This item is a request
$13,459.12. from Gethsemane Missionary Baptist Church to acquire city-
owned property located at 22 Rose Street. .
• An analysis of the above payments revealed that six (6) The city-owned lot adjoins property owned by the
of the seven (7) installments were remitted late. Church which will be developed and used for church
• The Aud Club, Inc. entered into a concession activities and a church building program.
agreement with New York Sportservice to sublease the I have instructed the Director of Real Estate to contact the
Hatch restaurant for the period 5/15/95 to Church, advise them of our sale procedures and report
11/15/96. results of negotiations to your Honorable Body for review.
• The lease renewal covering the 1994 to 1996 seasons REFERRED THE COMMITTEE ON FINANCE.
allowed The Aud Club, Inc. to annually raise slip rental NO.17
rates and provided the City with an 80% share of rental CERTIFICATEOFNECESSITY
sales over $148,000. This enabled the City share to INCREASEDAPPROPRIATION
increase despite decreases in overall Marina sales. RESERVEFORCAPITALAPPROPRIATIONS
• The 1994-96 lease was amended 3/7/95 and reduced DIVISIONOFTREASURY
the City share of fuel sales from a base of $4,000 and We, Anthony M. Masiello, Mayor and Joel A. Giambra,
15% of sales to a base of $4,000 and 4% of sales for Comptroller, do hereby certify pursuant to Section 41 of the
the 1995 and 1996 Charter, that an increase in the sum of $5,218 in the estimates
seasons. for the fiscal year beginning July 1, 1996 is necessary in
• We have observed a current trend of lower food and Appropriation Allotments - Division of Treasury - Exempt Items
beverage sales at the Marina's Hatch concession to meet a contingency which could not have been reasonably
which adversely effected the City's revenue share. foreseen when the budget was adopted. The amount of
REFERRED TO THE ERIE BASIN MARINA TASK FORCE increased appropriation will be met from 100-890-050 -
NO.14 Reserve for Capital Appropriations not otherwise appropriated
LEASERENEWAL for any other purpose. The detail of the requirements are set
BETWEENTHECITYOFBUFFALOANDWESTSIDE forth below:
EMERGENCYFOODCENTERINC. Dated: Buffalo, NY, March 23, 1997
USEOF378MASSACHUSETTSAVENUE RECEIVED AND FILED.
ITEM#183,C.C.P.7/8/86 NO.18
ITEM#35,C.C.P.12/23/91 CERTIFICATEOFNECESSITY
In the above referenced item, Your Honorable Body INCREASEDAPPROPRIATION
authorized the leasing of 378 Massachusetts Avenue to the DEPARTMENTOFPOLICE-EXEMPTITEMSAND
West Side Emergency Center, Inc., 382 Massachusetts ENGINEERINGAND
Avenue, Buffalo, New York for a five (5) year term. TECHNICALSERVICES
This office has received a request from Mr. Ignatias We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Miano on behalf of the West Side Emergency Food Center, Comptroller, do hereby certify pursuant to Section 41 of the
Inc., to renew the said lease agreement for an additional five (5) Charter, that increases in the sums of $100,000 and $12,000
years. The lessee has fully satisfied and has complied with all in the estimates for the fiscal year beginning July 1, 1996 is
provisions and terms of their lease. necessary in Appropriation Allotments for the Department of
I am recommending that Your Honorable Body Police - Exempt Items - Building Construction and
approve the request of the West Side Emergency Center, Inc. Improvements and Administration and Communications -
d/b/a Helping Hands of Greater Buffalo, to renew their lease Engineering and Technical Services respectively, to meet a
agreement for a five (5)year period, commencing on January 1, contingency which could not have been reasonably foreseen
1997 and to expire on December 31, 2001, for an annual rental when the budget was adopted. The amount of increased
of $1.00. Insurance is to be provided saving the City harmless appropriation will be met from an increase of $112,000 in the
from any liability, as set forth per Item #197, C.C.P. 3/31/87 - General City Revenue account 100-200402-62032 - Deposit of
Insurance Requirements for lease of City-owned properties. Unclaimed Property not otherwise appropriated for any other
I am further recommending that Your Honorable Body authorize purpose. The detail of the requirements are set forth below:
the Corporation Counsel to prepare the necessary lease Dated: Buffalo, NY, March 23, 1997
renewal and that the Mayor be authorized to execute the same. RECEIVED AND FILED.
REFERRED TO THE COMMITTEE ON FINANCE. NO.19
NO.15 BVARA-REFUNDTAXES
LEASERENEWAL 57/59HUNTINGTONAVE
BETWEENTHECITYOFBUFFALOANDTHE ITEM#38,CCP01/07/97
HADJTEMPLE,NO.61FORUSEOF50HAVENSTREET This department has received a copy of a letter forwarded to
WESTSIDE,APPROX.687'NORTH your Honorable Body by the recent owner of 57 Huntington
OFGENESEESTREET,10'X123' requesting a refund of taxes. As stated in the letter, Barbara
ITEM#23,C.C.P.12/26/89 Vara has been the owner of this property since January, 1992.
In the above referenced item Your Honorable Body The property according to the real estate transfer report was
authorized the leasing of 50 Haven Street to The Hadj Temple, transferred between relatives and a life estate was reserved to
No. 61, 42 Haven Street, Buffalo, New York for a five (5) year the seller.
term. The City of Buffalo conducted a city wide revaluation of
This office has received a request from Jewell property which culminated in the December, 1992 tentative
Magee on behalf of the Hadj Temple, No. 61, to renew the said assessment roll. In the months prior to December, 1992 the
lease agreement for an additional five (5) years. The lessee Department of Assessment used an extensive publicity
has fully satisfied and has complied with all provisions and campaign to notify owners that the city was revaluing property,
terms of their lease. requesting owner verification of the data this office had on file
I am recommending that Your Honorable Body and giving the owner opportunity to challenge the value to be
approve the request of the Hadj Temple, No. 61, to renew their placed on the property. Me. Vara, an the owner of record for
lease agreement for a five (5)year period, commencing on 57 Huntington would have received all mailings generated by
September 13, 1995 and to expire on September 12, 2000, for this office concerning the revaluation, new value and the
an annual rental of $5.00. Insurance is to be provided saving process to challenge.
the City harmless from any liability set forth per Item #197, It is the responsibility of the Department of Assessment to
C.C.P. 3/31/87. establish a value for each property for taxing purposes. The
I am further recommending that Your Honorable owner has the responsibility to challenge that value if they feel it
is incorrect. By provision of state law the presumption is that Honorable Body:
the value placed by any municipality on a property is correct The problems referred to in our communication of March 5,
and the owner has the burden to prove otherwise. 1997, are repairs we have attempted to make in-house with our
In addition to the special program during revaluation, each year own maintenance crews. The problems have progressed to a
during the month of December a property owner may file, on point where we feel outside professional electrical and
the official state form, a formal complaint with the Board of mechanical engineers should be hired to assess the situation,
Assessment Review to challenge the assessed value of their develop bid documents for the repairs and inspect the repair
property if they feel the assessment is incorrect. Any challenge work contracts.
filed, should it result in a reduction, is for the tax bill to be Your Honorable Body requested our department to supply you
issued following the challenge process and is not retroactive to with a list of repairs and costs in the last five (5) years. There
a prior year tax. have been no costs associated with these problems other than
The City of Buffalo does not have the authority to reduce prior our own maintenance crews attempting to make the repairs.
year assessments and taxes levied because a property has RECEIVED AND FILED.
recently sold for less than a current or prior assessment. NO.24
ACCEPTGRANT/COMMUNITYACTIONFORTRAFFIC
RECEIVEDANDFILED SAFETY
.
The City of Buffalo has applied for and been offered a grant
NO.20
from the New York State Governor’s Traffic Safety Committee.
P.WANDEL-224WEISS
This seven (7) month grant is In the amount of $30,300.00.
ITEM#93,C.C.P.03/18/97
with this grant, the City would enter into contract agreement
The above item has been referred to this department for a
with a project director who would coordinate the Community
response. The property in question has carried an
Action for Traffic Safety program. The grant will reimburse the
assessed value of $79,800 since March, 1993. Each year
City for the Director's cost, $30,300 from March 1, 1997 to
during the month of December a property owner may file,
September 30, 1997.
on the official state form, a formal complaint with the Board
I respectfully request Your Honorable Body's authorization to
of Assessment Review to challenge the assessed value of
accept this grant from the State and to enter into agreement
their property if they feel the assessment is incorrect. Any
with Ms. Francina J. Cartonia, 199 Virgil Avenue, Buffalo, NY
challenge filed, should it result in a reduction, is for the tax
14216, to provide the services of the project director at a base
bill to be issued following the challenge process and is not
cost of $22,444 plus 35% fringe benefits. The Director's salary
retroactive to a prior year tax.
will be reimbursed by the State under the terms of the grant.
Mr. Wandel filed his complaint in December, 1996 against
Ms. Cartonia was chosen as the Director because of her prior
the assessment to be used in the July, 1997 tax bill and the
experience working on similar projects. She was also the
Board of Assessment Review considered his application
developer of the grant proposal and shepherd of its approval by
during their deliberations in January and February, 1997.
the State.
The Board of Assessment Review in an independent body
We also respectfully request that Your Honorable Body
which meets to review the assessment challenges filed by
authorize the Comptroller to provide an Interfund cash loan in
property owners. Because of this independent status the
the amount of the grant. The loan would be repaid as
Department of Assessment can not speak on any
reimbursements are received from the State of New York.
decisions rendered by the Board of Assessment Review.
Mrs. LoTempio moved:
State Law governs the challenge process and provision in
That the communication from the Department of Public
made for a property owner who is dissatisfied with the
Works, dated March 25, 1997, be received and filed; and
decision of the Board of Assessment Review to seek
That the Commissioner of Public
judicial review under Article 7 of the Real Property Tax
Works be, and he hereby is, authorized to accept a grant
Law. Under this article owners of one, two or three family
from the New York State Governor's Traffic Safety
residential structures who reside at such residence may
Committee for seven (7) months in the amount of $30,300.00
seek small claims review, where the filing fee is $25.00. All
and to enter into an agreement with Ms. Francina J. Cartonia,
other owners are required to file under the other provisions
199 Virgil Avenue, to provide the services of the project
of Article 7. Since Mr. Wandal states he does not reside at
director at a base cost of $22,444 plus 35% fringe benefits.
the subject property the Small Claims option would not be
The Director's salary will be reimbursed by the State under
available to him.
the terms of the grant and that the Comptroller shall provide
REFERRED TO THE COMMITTEE ON FINANCE.
an interfund cash loan in the amount of the grant. The loan
FROMTHECOMMISSIONEROFPUBLICWORKS
would be repaid as reimbursements are received from the
NO.21
State of New York.
COMMITTEEONCIVILSERVICE
PASSED.
AFFIRMATIVEACTIONPLAN
AYES-13. NOES-0.
This department, by communication received March 17, 1997,
NO.25
has been asked to provide information concerning the
SLUDGEREMOVALANDDISPOSAL
department's process, plan and/or strategy for implementation
COLONELWARDSTATIONLAGOON
of the new City of Buffalo Affirmative Action Plan.
The Division of Water is requesting your Honorable
I am unable to address any specifics concerning the plan since
Body's authorization to retain the services of a consulting
I have not seen it and have not been able to obtain a copy
engineer and contractor to remove and dispose of alum sludge
despite several requests. The Department of Assessment fills
from the lagoon located at the Colonel Ward Pump Station.
all of its positions based on Civil Service rules and regulations.
Alum Sludge is a bi-product of the drinking water cleaning
Any candidate for a civil service position is selected from a
process. The lagoon is currently three-quarters full of sludge
certified civil service list, if one exists, or in those cases where
and needs to be cleaned during the construction season.
a list does not exist, the candidate must be approved by Civil
Consultant services for this project will cost
Service prior to appointment and approval by the Common
approximately $16,000 and construction costs are estimated at
Council.
$250,000. Funds for this project are available in the Division of
Should I receive a copy of the Affirmative Action Plan and find
Water's Capital Project Account.
the need to comment further, I will forward that communication
Mrs. LoTempio moved:
to the Common Council.
That the communication from the
REFERRED TO THE CIVIL SERVICE COMMISSION AND
Department of Public Works, dated March 27, 1997, be
COMMISSIONER OF ADMINISTRATION AND FINANCE.
received and filed; and
NO.22
That the Commissioner of Public
ERIECOUNTYWATERAUTHORITY'SOBLIGATION
Works be, and he hereby is, authorized to retain the services of
TOREPAIRBUFFALOSTREETS
a consulting engineer and contractor to remove and dispose of
ITEMNO.85,C.C.P.3/18/97
alum sludge from the lagoon located at the Colonel Ward
The referenced item was a resolution passed by the Erie
Pump Station. Funds for this project are available in the
County Water Authority which was sent to this department for
Division of Water's Capital Project Account.
comment. The resolution accurately reflects our request that
PASSED.
the Authority affirm their obligation to repair any cuts to City
AYES-13. NOES-0.
streets to specifications established by this department.
NO.26
RECEIVEDANDFILED
.
ERIEBASINMARINA
NO.23
EMERGENCYREPAIRS
OHIOSTREETANDWESTFERRYSTREET
I hereby submit to Your Honorable Body that the Commissioner
LIFTBRIDGESREPAIRSTODRIVESYSTEMS
of Public Works has declared an emergency at the Erie Basin
ITEMNO.24;C.C.P.03/18/97
Marina.
I hereby submit the following requested information to Your
As a result of the recent wind storm, the ice forced he hereby is, authorized to award a contract for work at Buffalo
approximately 23 of the dock fingers up and off of their Police Headquarters Dispatch Center for general construction
supporting piles. It is imperative that we make these repairs work to Peyton Barlow Co. in the amount of $45,520.00,, for
immediately to take advantage of working off of the ice rather plumbing work to MKS Plumbing in the amount of $8,969.00,
than delaying the work and having to bring in a barge. Working for electrical work to Tunney Electric in the amount of
off the ice would result in a significant savings to the City. $17,959.00 and HVAC work to Vastola Heating & AC Corp. in
We have asked three (3) contractors who have performed this the amount of $16,095.00, the lowest responsible bidders with
type of work in the past to submit an estimate. They are as said cost to be charged to the Department of Police CPF
follows: Account No. 200-200-001.
1. Donald Braasch Construction, Inc. PASSED
Work on Ice @450 each x 23 $10,350.00 AYES- 13 NOES- 0
Work on Barge $525 each x 23 $12,075.00 NO.28
2. Gateway Welding Inc. REPORTOFBIDS
Work on Ice $500 each x 23 $11,500.00 REPAIRTOCITYPAVEMENTS1997/1998
Work on Barge $869 each x 23 $19,98'7.00 GROUP#439
3. Destro Brothers inc. Lump Sum $ 19, 900.00 C.C.P.#26,9/17/96
The Commissioner of Public Works has ordered the work done This is to advise your Honorable Body that I have
and will charge the low bid of Donald Braasch Construction advertised and received bids on March 19, 1997 for Repair to
Company, lnc. to Bond Account City Pavements.
No. 200-401-015. In obtaining bids for the above project, I have asked
Mrs. LoTempio moved: for bids on a unit price covering the various items of work and
That the above communication from the Commissioner of material which will be performed. The final cost of the work will
Public Works dated March 18, 1997, be received and filed; and be based on the actual measured quantities of materials
That the Commissioner of Public Works be, and entering into the work and may be either more or less than the
he hereby is, authorized to award a contract for emergency total bid.
repairs to Erie Basin Marina to Donald Braasch Construction The following bids were received:
Company, Inc., in the amount of $450 per unit, the lowest Base Bid Unit Price Increase
responsible bidder with said cost to be charged to Bond Destro Bro.’s Inc. $ 56,572.50 $172,229.75
Account No. 200-401-015. Williams Gen. , Inc. $158,685.00 $174,342.25
PASSED C.Destro Dev. Inc. $179,082.50 $194,739.75
AYES- 13 NOES- 0 Thomann&Loewer $182,755.00* $198,412.25
NO.27 Amherst Paving, Inc.$206,610.00 $222,267.25
REPORTOFBIDS adjusted Amount
BUFFALOPOLICEHEADQUARTERS I hereby certify that the lowest responsible bidder for the above
DISPATCHCENTER project is Destro Brother's Concrete Co., Inc.
I advertised for on February 18, 1997 and received the I respectfully recommend that your Honorable Body
following sealed proposals which were publicly opened and order the work, the cost thereof to be charged to the Capital
read on March 11, 1997: Projects Fund #200-401-507-00-000 in an amount of $
General Construction 156,572.50, plus approved unit prices not to exceed $
Peyton Barlow Co. $45,520.00 15,657.25, for a total encumbrance of $ 172,229.75. The
C H Byron Co., Inc. $47,000.00 engineer's estimate for this work is $ 200,000.00.
New Era Construction $48,500.00 The attached is certified to be a true and correct
The Hadala Corp. $49,200.00 statement of the two (2) lowest bids received. Under provisions
Picone Construction Corp. $52,000.00 of the General Municipal Law, any of the bidders may withdraw
Maralex Inc. $55,900.00 his bid if an award of the contract is not made by May 5, 1997.
Martech Construction, Inc. $57,115.00 Individual bid submissions are available in our office for
Ferraina Construction $58,000.00 inspection and copies are available upon request.
Summit Construction $58,000.00 Mrs. LoTempio moved:
C. Nichter Inc. $64,500.00 That the above communication from the
BSC Construction Co. $75,000.00 Commissioner of Public Works dated March 27, 1997, be
Plumbing Work received and filed; and
MKS Plumbing Corp $ 8,969.00 That the Commissioner of Public Works be, and
HB Plumbing Corp. $ 9,990.00 he hereby is, authorized to award a contract for repair to City
A. Gareleck & Sons $11,900.00 pavements 1997/1998 to Destro Brother's Concrete Co., Inc. in
Matthew Kandefer, Inc. $13,750.00 the amount of $156,572.50, plus approved unit prices not to
Ackerman Mechanical $14,212.00 exceed $15,657.25 for a total encumbrance of $172,229.75,
Numarco, Inc. $18,500.00 the lowest responsible bidder with said cost to be charged to
Electrical Work the Capital Projects Fund #200-401-507-00-000.
Tunney Electric $17,959.00 PASSED
Grand Island Electric $19,319.00 AYES- 13 NOES- 0
Goodwin Electric Corp. $25,350.00 NO.29
Weydman Electric, Inc. $33,460 00 CHANGEINCONTRACT.ELECTRICALWORK
VAC Work KENBAILEYRECREATIONCENTER
Vastola Heating & AC Corp. $16,095.00 2777BAILEYAVENUE
Allied Mechanical $16,685.00 I hereby submit to Your Honorable Body the following changes
JM State Refrigeration $17,985.00 for the KenBailey recreation Center, Frey Electric Construction
BH Mechanical $19,953.00 Co., Inc. - C #91831400.
Buffalo Sheet Metals $20,000.00 1 . Provide and install appliance convenience receptacles
I hereby certify that the foregoing is a true and correct in Kitchen 106 and stove and microwave receptacles in
statement of all bids received and the following are the lowest Kitchenette #227.
responsible bidders in accordance with the plans and Add $2,145.00
specifications: 2. Provide and install 3 inch communication conduit from
General Construction Work - Peyton Barlow Co. in the amount Communications Room 214 to the first floor corridor
of $45,520.00. Plumbing Work - MKS Plumbing in the amount ceiling outside the southeast elevator for computer and
of $8,969.00. telephone cable requested by Police.
Electrical Work - Tunney Electric in the amount of $17,959.00. Add $1,642.00
HVAC Work - Vastola Heating & AC Corp. in the amount of 3. Provide and install 4 type "T-23" fixtures for
$16,095.00. Vestibule 100. Add $1,541.00
I recommend that Your Honorable Body authorize the 4. Provide and install 1 type "T-1 5" light fixture in Stair
Commissioner of Public Works to order the work on the basis 104 on the west wall (intermediate landing) to
of the low bid. Funds for this work are available in CPF 200- improve lighting level for safety reasons.
200-001 - Department of Police. Add $441.00
Total estimate for this work was $110,000.00. 5. Provide and install 6 power, data and telephone
Mrs. LoTempio moved: floor boxes in Classroom 220 as requested by the
That the above communication from the Commissioner of Buffalo Police Add $4,030.00
Public Works dated March 19, 1997, be received and filed; and 6. Revise power and control wiring for gymnasium folding
That the Commissioner of Public Works be, and panel partition due to additional safety pad required and
change from single phase to 3 phase NOES - COPPOLA - 1
requirement. Add $2,325.00 NO.31
7. Revise gymnasium lighting fixture suspension CHANGEINCONTRACT
system (includes "X" fittings, twist lock receptacles, ELMWOOD-VIRGINIAFIRESTATION
cap and cord sets for each fixture). Two (2) sets GENERALCONSTRUCTION
of disconnects are required since fixtures have I hereby submit to Your Honorable Body the following changes
2 lamp sources. Add $5,682.00 for the Elmwood/Virginia Fire Station, General Construction,
8. Provide and install additional fire alarm pull Concept Construction - C #91853600.
station in Lobby 101 required by Code Review 1 . Increase depth of footings and foundation walls, increase
Office. Add $589.00 amount of excavation and backfill, due to poor soil
The foregoing change results in a net increase in the contract conditions, and provide biaxial geogrid
of Eighteen Thousand Three Hundred Ninety Five and 00/100 for floor slabs, as a result of poor soil conditions.
Dollars ($18,395.00). Add $ 26,271.00
Summary 2. Delete elevator and associated general
Original Amt. of Contract- $327,000.00 construction work. Deduct $ 42,000.00
Change Order No 1,CCP,6/25/96,#44 Add 4,233.00 The foregoing change results in a net decrease in the contract
Amount of this change No. 2 Add 18,395.00 of Fifteen Thousand Seven Hundred Twenty Nine and 00/100
Revised amount of contract #349,628.00 Dollars ($15,729.00).
These changes could not be foreseen at the time contract was Summary:
let. Costs have been reviewed by the consulting architect and Original Amount of Contract $1,265,932.00
the Department of Public Works and found to be fair and Change Order No. 1, CCP 11/12/96; item 112
equitable. Funds for this work are available in CPF 200-402- Add 40,289.00
022-Division of Buildings. Amount of This Change (No. 2) Deduct 15,729.00
I recommend that your Honorable Body authorize the Revised Amount of Contract $1,290,492.00
Commissioner of Public to issue a change order to the These changes could not be foreseen at the time contract was
contractor as set forth above. let. Costs have been reviewed by the Consulting Architect and
Mrs. LoTempio moved: the Department of Public Works and found to be fair and
That the communication from the department of Public Works, equitable. Funds for this work are available in CPF 200-402-
dated March 24, 1997, be received and filed; and 023 - Division of Buildings.
That the Commissioner of Public Works, be, and he hereby is I recommend that Your Honorable Body authorize the
authorized to issue change order #2 to Frey Electric Commissioner of Public Works to issue a change order to the
Construction, Inc., changes resulting in a net increase in the contractor as set forth above.
amount of $18,395.00, as more fully described in the above Mrs. LoTempio moved:
communication, for work relating to Ken-Bailey Recreation That the communication from the
Center, Electrical, Contract No. 9183140000. Funds for this Department of Public Works, dated March 27, 1997, be
project are to be charged to CPF 200-402-002. received and filed; and
PASSED That the Commissioner of Public Works be,
AYES- 13 NOES- 0 and he hereby is, authorized to issue change order #2 to
Concept Construction, changes resulting in a net increase in
NO.30 the amount of $15,729.00, as more fully described in the above
CHANGEINCONTRACT communication, for work relating to Elmwood-Virginia Fire
ELMWOOD-VIRGINIAFIRESTATION Station, General Construction, Contract No. 91853600. Funds
PLUMBINGWORK for this project are to be charged to CPF 200-402-023.
I hereby submit to Your Honorable Body the following changes PASSED
for the Elmwood/Virginia Fire Station, Plumbing Work, AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER,
Elmwood Plumbing - C #91855000. KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
1 . Revise sanitary and storm piping (including the QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
addition of 2 catch basins in the parking lot) NOES - COPPOLA - 1
required for the plumbing inspectors. Add $ 11,899.00 NO.32
2. Revise water service from 3" to 2". b Deduct $ 217.00 CHANGEINCONTRACT
3. Install additional floor drain in Room 109 under RECONSTRUCTIONOF118E.UTICA
the backflow preventer. Add $1,937.00 ELECTRICALWORK
4. Install a twin 3" pumped discharge system. I hereby submit to Your Honorable Body the following changes
Add $3,324.00 for the Reconstruction of 118 E. Utica, Electrical Work,
5. Install one new sump pump. Add $550.00 Goodwin Electric Corp. - C #91850600.
The foregoing change results in a net increase in the contract 1. Add three (3) 20 amp, 3 pole circuit breakers
of Seventeen Thousand Four Hundred Ninety Three and 00/1 for HVAC equipment. Add $500.00
00 Dollars ($17,493.00). The foregoing change results in a net increase in the contract
Summary: of Five Hundred and 00/100 Dollars ($500.00).
Original Amount of Contract $102,000.00
Change Order No. 1, CCP 2/4/97; item 22 Add 10,099.00 Summary:
Amount of This Change (No. 2) Add 17,493.00 Original Amount of Contract $ 78,700.00
Revised Amount of Contract $129,592.00 Amount of This Change (No. 1) 500.00
These changes could not be foreseen at the time contract was Revised Amount of Contract $ 79,200.00
let. Costs have been reviewed by the Consulting Architect and These changes could not be foreseen at the time contract was
the Department of Public Works and found to be fair and let. Costs have been reviewed by the Consulting Architect and
equitable. Funds for this work are available in CPF 200402-the Department of Public Works and found to be fair and
023 - Division of Buildings. equitable. Funds for this work are available in CPF 200-402-
I recommend that Your Honorable Body authorize the 533 - Division of Buildings.
Commissioner of Public Works to issue a change order to the I recommend that Your Honorable Body authorize the
contractor as set forth above. Commissioner of Public Works to issue a change order to the
Mrs. LoTempio moved: contractor as set forth above.
That the communication from the Mrs. LoTempio moved:
Department of Public Works, dated March 27, 1997, be That the communication from the
received and filed; and Department of Public Works, dated March 17, 1997, be
That the Commissioner of Public Works be, received and filed; and
and he hereby is, authorized to issue change order #2 to That the Commissioner of Public Works be,
Elmwood Plumbing, changes resulting in a net increase in the and he hereby is, authorized to issue change order #1 to
amount of $17,493.00, as more fully described in the above Goodwin Electric Corp., changes resulting in a net increase in
communication, for work relating to Elmwood-Virginia Fire the amount of $500.00, as more fully described in the above
Station, Plumbing, Contract No. 91855000. Funds for this communication, for work relating to Reconstruction of 118 E.
project are to be charged to CPF 200-402-023. Utica, Electric Work, Contract No. 91850600. Funds for this
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, project are to be charged to CPF 200-402-533.
QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 PASSED
AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, AYES- 13 NOES- 0
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, NO.33
QUINTANA, WILLIAMS, ZUCHLEWSKI - 12 CHANGEINCONTRACT
RECONSTRUCTIONOF118E.UTICA Lobby Room 102 (NE, SW& NW walls), State Court Room 106
GENERALCONSTRUCTION (SW, SE & NW walls), State Court Room 200 (walls at mural
I hereby submit to Your Honorable Body the following changes removal), Neighbors Room 201 (SE & NW walls), Neighbors
for the Reconstruction of 118 E. Utica, General Construction, Room 202 (NE, SE & NW walls), Neighbors Room 203 (SW,
Claude Mayo General Carpentry - C #91850500. SE & NW walls), Native American Room 204 (ceiling), and
1 . Install 6" metal stud furring with 1/2" gypsum board Buffalo Made Room 207 (NE & NW walls) as requested by the
to duct shaft in Lobby to enclose electrical panel box. Historical Society.
Add $ 220.00 Add $17,810.00
2. Install metal furring with 1/2" gypsum board to 3. Provide added plaster work to the State Court Room
enclose drain piping of Office 110. 106 (skim coat all the coffered ceilings), various repairs in
Add $ 200.00 Rooms 105B, 001, 002, State Court 102 and 207, skim coat
3. Install 4" metal stud furring with 5/8" type X gypsum areas where murals were removed and skim coat State Court
board at upper windows in south wall of Dining/ Activities ceiling as directed by Consulting Architect.
Room 113 and rework existing wood Add $13,196.55
casing below ceiling. Add $ 220.00 The foregoing change results in a net increase in the contract
4. Install 4" metal stud furring with 5/8" type X gypsum of Thirty Four Thousand Three Hundred Eighty Eight and
board to enclose exposed piping in southwest 55/100 Dollars ($34,388.55).
corner of Dining/Activities Room 113. Summary:
Add $ 250.00 Original Amount of Contract $107,500.00
5. Install furring with 5/8" type X gypsum board at column Amount of This Change (No. 1) Add 34,388.55
recesses in the northeast and northwest Revised Amount of Contract $141,888.55
corners of Dining/Activities Room 113. These changes could not be foreseen at the time contract was Add $ 280.00
6. Install center mullion at door #117 as required by Code let. Costs have been reviewed by the Consulting Architect and
and provide additional millwork to doors the Department of Public Works and found to be fair and
#110 to accept specified hardware. equitable. Funds for this work are available in CPF 200-402-
Add $225.00 060 - Division of Buildings.
7. Install new sidelights, new doors and hardware at the I recommend that Your Honorable Body authorize the
south entrance to Dining/Activities Room #113 Commissioner of Public Works to issue a change order to the
in lieu of repairing existing sidelight. contractor as set forth above.
Add $ 3,100.00 Mrs. LoTempio moved:
8. Install "Floor stone N.I.F." floor patch over concrete That the communication from the
section of kitchen floor in lieu of plywood under- Department of public Works, dated March 21, 1997, be
layment specified to accept finish floor tile. received and filed; and
Add $ 1,186.00 That the Commissioner of Public Works be, and he hereby is,
9. Provide wider door frame at door B7 and rework authorized to issue change order #1 to Mader Construction
masonry walls at Mechanical Room B12 and Corporation, changes resulting in a net increase in the amount
Vestibule B13 for Code compliance. of $34,388.55, as more fully described in the above
Add $ 1,200.00 communication, for work relating to the Historical Society,
10. Remove wall on second floor to increase the size of Rental Plaster Restoration, Contract No. 91887900. Funds for this
Space 202 and patch walls, project are to be charged to CPF 200-402-060.
floor and ceiling as required. Add $ 1,200.00 Passed
The foregoing change results in a net increase in the contract AYES-13. NOES-0.
of Eight Thousand NO.35
Eighty One and 00/100 Dollars ($8,081.00). CHANGEINCONTRACT
Summary: RECONSTRUCTIONOFLADDER12
Original Amount of Contract $260,356.00 AMHERST&GRANTSTREET
Change Order #1, CCP 12/23/96; item 102 I hereby submit to Your Honorable Body the following changes
Add 9,971.00 for the Reconstruction of Ladder 12, General Construction,
Change Order #2, CCP 2/4/97; item 24 Chesley Corp. - C #9 1 853700.
Add 3,336.45 1 . Rebuild two (2) areas of exterior brick (approximately 4'-
Amount of This Change (No. 3) O" x 6'-O" each) above the two second story windows on
Add 8,081.00 the north facade found to be in serious
Revised Amount of Contract $281,744.45 condition. Add $ 3,680.00
These changes could not be foreseen at the time contract was 2. Rebuild existing overhead door pediment found to
let. Costs have been reviewed by the Consulting Architect and be deteriorated. Add $ 1,024.00
the Department of Public Works and found to be fair and 3. Install additional 60 square feet of concrete sidewalk
equitable. Funds for this work are available in CPF 200-402-to prevent tripping hazard and provide blacktop patch to
533 - Division of Buildings. eliminate water retainage.
I recommend that Your Honorable Body authorize the Add $782.00
Commissioner of Public Works to issue a change order to the The foregoing change results in a net increase in the contract
contractor as set forth above. of Five Thousand Four Hundred Eighty Six and 00/100 Dollars
Mrs. LoTempio moved: ($5,486.00).
That the communication from the Summary:
Department of Public Works, dated March 22, 1997, be Original Amount of Contract $71,000.00
received and filed; and Amount of This Change (No. 1) Add 5,486.00
That the Commissioner of Public Works be, Revised Amount of Contract $76,486.00
and he hereby is, authorized to issue change order #3 to These changes could not be foreseen at the time contract was
Claude Mayo General Carpentry, changes resulting in a net let. Costs have been reviewed by the Department of Public
increase in the amount of $8,08 1. 00, as more fully described Works and found to be fair and equitable. Funds for this work
in the above communication, for work relating to are available in CPF 200-402-008 - Division of Buildings.
Reconstruction of 118 E. Utica, General Construction, Contract I recommend that Your Honorable Body authorize the
No. 91850500. Funds for this project are to be charged to Commissioner of Public Works to issue a change order to the
CPF 200-402-533. contractor as set forth above.
PASSED Mrs. LoTempio moved:
AYES- 13 NOES- 0 That the communication from the
Department of Public Works, dated March 24, 1997, be
NO.34 received and filed; and
CHANGEINCONTRACT That the Commissioner of Public Works
PLASTERRESTORATION be, and he hereby is, authorized to issue change order #1 to
HISTORICALSOCIETY Chesley Corp., changes resulting in a net increase in the
I hereby submit to Your Honorable Body the following changes amount of $5,486.00, as more fully described in the above
for the Plaster Restoration, Historical Society, Mader communication, for work relating to Reconstruction of Ladder
Construction Corporation C #91887900. 12 Amherst & Grant Streets, General Construction, Contract
1 .Replace existing heating risers which were found damaged No. 91853700. Funds for this project are to be charged to
in the auditorium and patch ceiling. CPF 200-402-008.
Add $3,382.00 PASSED.
2. Paint the Library Room 105B (NE, SW, SE & NW walls), AYES-13. NOES-0.
NO.36 CERTIFICATEOFAPPOINTMENT
REPORTOFBIDS--CONCRETEFLOORSLAB Appointment effective March 31, 1997 in the Department of
1120SENECASTREETBONDFUNDCORRECTION Public Works, Division of Water, to the Position of Caulker
ITEMNO.25,C.C.P.2,/18/97 Supervisor I, temporary, at the intermediate starting salary of
The subject item was previously approved by Your Honorable $28,379.
Body with a contract in the amount of $114,000 being charged REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
to Bond Fund Account #200-401-507. This was an assumed
account number prior to the recent bond sale; however, the FROMTHECOMMISSIONEROFPOLICE
account number has been revised to 201-401-005. NO.44
We therefore request that Your Honorable Body authorize this CHECKSRECEIVED
revision and that the contract be charged against Bond Fund #
201-401-005. C2-96-0013-8155-00104895- $ 702,60
Mrs. LoTempio moved: C2-96-0053-8155-00104859- 6,347.70
That the above communication from the Commissioner of C2-96-0062-8155-00104849 -1,081.20
Public Works dated March 27, 1997, be received and filed; and C2-96-0113-8155-00104850 -1,120.20
That the Commissioner of Public Works be, and he hereby is, C2-96-0114-8155-00104888 576.30
authorized to revise the Bond Fund Account for the concrete C2-96-0123-8155-00104911 523.20
floor slab work at 1120 Seneca Street to #201-401-005 95FBI-001204-8155-00104880 1,831.50
.
Total Deposit $12,182.70
PASSED
The above referenced property has been administratively
AYES-13. NOES-0.
forfeited by the Drug Enforcement Administration. (DEA).
NO.37
These checks were received by this Department and duly
PARKSIDELODGELEASE
deposited in the Trust & Agency Account, 610-200-217-00-
Attached is a proposed lease agreement between the City of
300.
Buffalo and Buffalo Olmsted Parks Conservancy for the
RECEIVED AND FILED.
Parkside Lodge In Delaware Park. I have reviewed this lease
NO.45
with Corporation Counsel and the Commissioner of Parks, and
MODIFIEDUTILIZATIONOFFORMERPCT.5
they have agreed to the terms and conditions. This lease
#12,CCP1/7/97PCT.5
would allow the Conservancy exclusive use of a portion of the
The following is in response your request for a detailed update
building at the nominal rental fee of $ 1. 00 per year.
on the modified utilization of the former Precinct 5 station
I respectfully request that Your Honorable Body authorize me to
house located at 323 W. Ferry St.
enter into this agreement.
* Gang Suppression- this 2 man unit operates primarily in the
REFERRED TO THE COMMITTEE ON FINANCE.
south west quadrant of the district using the former Pct. 5 as
NO.38
their base of operations. This unit patrols 7 days a week from
REPORTONBUSINESSGROUPPLANSFORAUD
9:00 pm until 2:00 am (manpower permitting it begins at 4:00
ITEMNO.215,C.C.P.3/4/97
pm). To date, this unit has made over 40 attests ranging from
The referenced item was referred to this department for
prostitution and loitering to weapons and narcotics.
comment. At the Invitation of Mr. Daniel Bicz, President of
*Report Technician- is assigned to former Pct. #5, Mon.-Fri.
B.E.D.C., I appeared before a group of local businessmen to
from 8:00 am to 4:00 pm.
brief them on the current conditions and plans for Memorial
*Communi1y P as well as beat personnel in the Grant/Ferry
Auditorium. At each meeting, I notified this group that the
area use the former precinct as their base of operations when
building was mothballed and that no firm plans have been
they are on duty.
developed for future use of the facility. I had no other
*Volunteer Training- Community Services will begin our
communication with this group , and nothing "clandestine"
V.I.A.B.L.E. training (volunteers in assistance with Buffalo Law
occured at either meeting.
Enforcement) next month. It is suggested that volunteers from
REFERRED TO THE STADIUM/AUDITORIUM TASK
the community attend this course. Another option for staffing is
FORCE.
the hiring of a Crime Control Coordinator through block grants.
NO.39
This has been very successful in E District with the Gloria
RE-OPENMEMORIALAUDITORIUMFORAMATEUR
Parks Center.
HOCKEY
*Emergency Telephone- Philip Nasca from City Buildings
ITEMNO.214,C.C.P.3/4/97
Department has assured me that a coin operated phone will be
The referenced item was referred to this department for our
placed on the outside of the building as soon NYNEX can get
response. I have discussed this matter with the Corporation
to it.
Counsel and the Commissioner of Parks, and they have
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
advised me that any use of the Auditorium must be approved
REORGANIZATION.
by and directed by the Stadium & Auditorium Board. In order to
NO,.46
use the facility for any of the purposes mentioned in the
HAUCK'SCOLLISIONCHASER(POL)
resolution, a budget appropriation will be necessary and
ITEM#76,CCP,2/18/97
revenue estimates developed.
ITEM#82,CCP3/0497
Once again, these items must be developed by the Stadium
I received the letter from AAA that was sent to Hauck's
and Auditorium Board. 1, therefore, request that this item be
Collision regarding responding to accident scenes and offering
referred to them.
towing services. Towing companies routinely respond to
REFERRED TO THE STADIUM/AUDITORIUM TASK
accidents scenes and offer services to victims who are often
FORCE.
confused and upset. Sometimes these services are already
NO.40
provided for because of insurance or membership in an auto
CERTIFICATEOFAPPOINTMENT
club. Since the victim is not in a position to check into these
Appointment Effective March 21, 1997 in the Department of
circumstances, they often tell the responding towing service to
Public Works, Division of Engineering, to the Position of Junior
"go ahead. " This can result in unnecessary delay and
Engineer, Provisional, at the Intermediate Starting Salary of
additional expense.
$28,898 Steven J. Stepniak, 44 Fairchild Place, Buffalo, NY
The position from the police department is to advise those
14216
involved in the accident that they have the right to choose the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
towing company and to contact the insurance company or auto
club. The agreement between the victim and the towing
NO.41
service is a separate civil matter. The only law pertaining to
CERTIFICATEOFAPPOINTMENT
this activity is one involving use of a police radio scanner. As
Appointment Effective 3/17/97 in the Department of position
long as the scanner is not permanently attached in the vehicle,
of Bridge Operzting Engineer, Permanent at the intermediate
the activity is lawful. Also, some companies may monitor the
starting salary of $26,252. Daniel Griffin, 24 Robins St,
scanner inside the office and respond when they hear a call,
Buffalo, NY 14220
again this is perfectly legal.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO.42
The best prevention for incidents of this kind is for insurance
CERTIFICATEOFAPPOINTMENT
companies and auto clubs to ensure
Appointment Effective 3/17/97 in the Department of
position of Bridge Operzting Engineer, Permanent
that the client is aware of the services that they are entitled to.
at the maximum starting salary of $26,252.
Please advise me if you have any further questions.
Thomas Coonly, 122 Richfield Ave.,Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO.43
prior use of the operation at the location and the use proposed
REFERREDTOTHECOMMITTEEONLEGISLATION by the new owners have not yet been obtained in any formal
.
setting. We have received information that the prior use was
very limited in both hours and days of operation and that the
FROMTHECOMMISSIONEROFFIRE
new owners are seeking to enlarge and extend the operation.
NO.47
For example, it is our understanding that the prior use was only
AUDITPOLICE/FIREIODCOST
operating approximately 25 hours per week and was closed on
CCPDECEMBER10,1996
Tuesdays and Sundays and that even those hours and days of
As you know, the 207 law pertaining to firefighters is,
operation may have lessened over the years. Buffalo Code
very broad and liberally construed. I also believe that the type
Section 511-59(F)(2) ("Hertel Avenue District") provides that
of injury should be defined more distinctly to make, it clear that
"any person seeking to establish or extend a use restricted by
the truly injured firefighter receive all the benefits and that a
Subsection E of this section [taverns, restaurants, bars etc.]
firefighter not injured in the line of duty not receive the full 207
shall file an application for a restricted use permit as provided
benefit. Legislation should also be enacted to put an end to the
by Section 511-55 of this Chapter." As a result, we are of the
financial incentive to stay off work. The abusers' are few,
opinion that the proposed owners should apply for a restricted
'however, if one person takes advantage of this it is one to
use permit under the Code of the City.
many.
We would also note that the City's Zoning Ordinance
The administrative office of the Buffalo Fire
contains a restriction on having a restaurant,with dancing or
Department has a process in place in accordance with the
entertainment in a C1 Zoning District.
union contract for disputed IOD cases. We feel we have been
See,BuffaloCodeSection5ll28 (D). As a result, it appears that
very successful in getting our personnel completely back into
Zoning Board review may also be appropriate.
the productive role of firefighting. We have used every means
Finally, it is our opinion that the proposed operation
possible of investigating any suspicious 10D cases and also
is an "adult use" as defined by the City Code. See definition of
use a case manager, where needed. I feel that our sick and
"exotic cabaret" as contained in Buffalo Code Section 511-4.
injured rates would rise if this function is taken out of the
Under the City Code, an adult use permit must be obtained
administrative office of the fire department.
prior to the operation of an adult use. Buffalo Code Section
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
511-95. We are aware of the new owners'claim that their use
FROMTHECORPORATIONCOUNSEL
is "grandfathered" in under the old use at the facility; however,
NO.48
as previously stated, we are unaware of precise facts detailing,
HOMESTEADING97GREYSTREET
among other things, the scope of the prior use of the operation
ITEMNO.55,C.C.P.,3/18/97
at the location, the date of cessation of the prior use and the
You have requested a response from the Law
scope of the use proposed by the new owners. We are of the
Department regarding the request to homestead 97 Grey
opinion that the above identified process would be helpful in
Street. Ms. Rochelle Brown, a Buffalo police officer, is seeking
obtaining pertinent facts that are necessary in determining the
to homestead the property. While there is no prohibition to
scope of the proposed use and whether the proposed use is
homesteading the property to the City of Buffalo employee
grandfathered. We note that even if the new owners
under these circumstances, there is some additional
demonstrate that a nonconforming use exists; that it has not
information necessary before the Law Department can
been discontinued; and that they are legally continuing a
recommend the transfer.
nonconforming adult use, the City Code prohibits the
It would be helpful to know where Ms. Brown lives.
enlargement or extension of a nonconforming use without
Homesteading usually takes place in connection with adjoining
Zoning Board approval. Buffalo Code Section 511-109. As a
or adjacent properties. There is no indication in the requesting
result, we would recommend the proposed new owners also
communication where Ms. Brown currently resides. There also
make application for an adult use permit.
is not enough information to conclude that the adjoining
REFERRED TO THE COMMITTEE ON LEGISLATION,
property owners have been contacted about their interest in
ZONING BOARD OF APPEALS, AND COMMISSIONER OF
acquiring the property. The communication mentions that the
COMMUNITY DEVELOPMENT.
property has been listed as available under the homestead
FROMTHECOMMISSIONEROFCOMMUNITY
program, but that does not indicate that the surrounding
DEVELOPMENT
property owners have been informed and given the opportunity
NO.52
to acquire the property through homesteading themselves.
'DRAFT"OFCITY-WIDESITEPLAN
If Ms. Brown resides in an adjacent or adjoining
REVIEW
property and there are indeed no other interested parties, it
ITEMNO.219,C.C.P.3/4/97)
would be consistent with the City's current practices to
I have reviewed the matter referenced above and
homestead 97 Grey Street to her.
wholeheartedly endorse its passage. As I have stated publicity,
RECEIVED AND FILED.
site plan review and its counterpart design review is a
No. 49
desperately needed component to the City ordinances. To this
Certificate of Appointment
end, I will direct the Planning Division to pursue the enactment
Appointment Effective March 178, 1997 in the Department of
of the design review component which may be added to this
Law, to the Position of Asst. Corporation Counsel I Municipal
important legislation.
Attorney , Temporary,at the Intermediate
RECEIVED AND FILED.
Starting Salary of $ 38,840,
NO53
Kevin S. Doyle, 54 Revere Pl.,Buffalo, NY 14214 .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. PROPOSALSENVIRONMENTAL
NO.50 BONDACT
TICKETSURCHARGEAGREEMENT COM.NO.88-3/4/97
ITEMNO.97,C.C.P.,12/23/96 The Common Council has requested comments
Attached for your information is the finalized Ticket from the Department of Community Development regarding the
Surcharge Agreement between the City of Buffalo, Kleinhans Buffalo Sewer Authority's pursuit of funding under the Clean
Music Hall Management, Inc. and the Buffalo Philharmonic Water/Clean Air Environmental Bond Act.
Orchestra Society, Inc. authorized in Item No. 97, C.C.P., The Sewer Authority proposes:
December 23, 1996. 1. a $7 million project for storm water relief in
RECEIVED AND FILED. North Buffalo in the Hertel Avenue Planning
NO.51 Area.
COLONIELOUNGE 2. $6,230,000 to work on combined sewage
ITEMNO.230,C.C.P.,11/26/96 outfalls in each of the four drainage basins in
OPINIONNO.97-8 the City to reduce discharge of pollutants into
You have requested an opinion from the Law area waterways.
Department as to the necessary steps, permits and approvals 3. $1,060,000 for the replacement of a chlorine-
to establish a topless dance bar establishment at 1793 Hertel based treatment system with a sodium
Avenue, Buffalo, New York formerly known as the Colonie hypochlorite system. This will improve safety
Lounge. in the treatment plant and its immediate
It is our understanding that the property is located in a CI vicinity and reduce chlorine discharge into the
Zoning District and the Hertel Avenue Special Zoning District Great Lakes Basin.
and that the proposed new owners have applied for Music, Go- It is the opinion of the office for the Environment that
Go and Restaurant licenses from the City. We are of the all these measures will substantially contribute to the protection
opinion that it is appropriate for the City to require applications of human health and the environment.
for Music, Go-Go and Restaurant licenses for the operation. While the information provided by the Buffalo Sewer
To date, pertinent facts detailing the scope of the Authority to the Common Council is preliminary to ultimate
formal application to New York State, we urge Common RECEIVED AND FILED
.
Council support and approval for these worthy projects.
NO.58
REFERRED TO THE COMMITTEE ON COMMUNITY
PERMISSIONTOEXECUTE
DEVELOPMENT.
EASEMENTS-SCAJAQUADA
NO.54
PATHWAYPHASEII
"DRAFT"COMMUNITYDEVELOPMENT
Your Honorable Body previously authorized the Mayor
BLOCKGRANT
to execute a $1,007,500 Environmental Quality Bond Act
YEAR23,CDBGBUDGET
contract with the New York State Office of Parks, Recreation,
Attached hereto, for your review is the "DRAFT"
and Historic Preservation for the second phase of the
Community Development Block Grant Year 23 CDBG Budget
Scajaquada Pathway. There are also numerous property
proposal for the coming year. We have worked very hard to
easements and potential contract amendments that the Mayor
balance the long term development goals of the City of Buffalo,
may be required to sign.
with the desire to provide basic city services for all residents.
We are therefore, requesting authorization of Your
We look forward to your continued support in our effort
Honorable Body, for the Mayor to execute property easements
in translating this plan into a fruitful reality.
and any and all other legal documents required for the funding
REFERRED TO THE COMMITTEE ON COMMUNITY
and construction of the Scajaquada Pathway Phase II.
DEVELOPMENT.
Mrs. LoTempio moved:
NO.55
That the communication from the Department of Public Works,
REPORTOFFIREEMERGENCYDEMOLITIONBID(S)
dated March 18, 1997, be received and filed; and
384CORNWALL&GARAGE
That the Mayor be, and he hereby is
Due to the very serious and hazardous condition(s) of the fire-
authorized to execute a $1,007,500 Environmental Quality
damaged building(s) located at the below stated property(ies),
Bond Act contract with the New York State Office of Parks,
Fire Commissioner Cornelius J. Keane requested that our
Recreation, and Historic Preservation for the second phase of
department bid this property for immediate emergency
the Scajaquada Pathway and that the Mayor be, and he hereby
demolition. Inspections were conducted by this department
is authorized to execute property easements and any and all
and it was determined that immediate demolition was
other legal documents required for the funding and
necessary due to (1) the structural condition of the building(s)
construction of the Scajaquada Pathway Phase 11.
and/or (2) the resulting dangerous and hazardous condition
PASSED.
which exists at this(these) location(s), i.e., in accordance with
AYES-13. NOES-0.
the guidelines outlined in Chapter 113 of the Ordinances of the
NO.59
City of Buffalo. Please be advised, therefore, that offers to
WNYVETERANSHOUSINGCOALITIONUSEOFHOWARD
demolish were solicited on February 24, 1997 and the
ANDEMSLIESTREETSITEFORHOMELESS
contract(s) will be awarded to the following lowest responsible
INDIVIDUALS
bidder(s):
ITEMNO.112,C.C.P.3/4/97)
ADDRESS/ OWNER CONTRACTOR/ AMT. of BID
ITEMNO.174,CCP.,3/18/97
384 CORNWALL& garage BATTAGLIA CONCRETE
IPursuant to Section 511-55 and 136 of the Buffalo
Geraldine C. Talley $ 7,595.00
Code the provisions of human services may be allowed by Your
384 Cornwall
Honorable Body only upon due notification and a public hearing
Buffalo NY 14215
before the Council. It has become the practice of the City
Please be further advised that the sewer and water services will
Clerk's Office to refer the preparation of a map and address
be terminated by the demolition contractor and this cost is
range for the purposes of mailing notices to the Division of
included in the cost of the project.
Planning. When completed this information will be given to the
We, therefore, respectfully request that upon approval by your
City Clerk's Office and that office will set the hearing date for
Honorable Body, that the cost of the project be charged to the
the Council as well as the City Planning Board's Agenda.
SPECIAL ASSESSMENT FUND #500-000-002-00000, and
REFERRED TO THE COMMITTEE ON LEGISLATION.
that said cost shall be collected against the owner or person in
NO.60
possession benefited, under the provision of Chapter 113 of
LDA-
the Ordinances of the City of Buffalo.
FEDERALHOMELOANBANK'96NEWHOUSING
REFERRED TO THE COMMITTEE ON FINANCE.
PROGRAM
NO.56
SCHUTRUMANDWICKSTREETS
REPORTONBUSINESSGROUPANDITSPLANSFORTHE
APPROVALOFLANDDISTRIBUTIONAGREEMENT
AUDITORIUM
GAL-VANDEVELOPERS,INC.
Your Honorable Body should be informed that there is a
The City of Buffalo Urban Renewal Agency has duly
Business Advisory Group that has been meeting over the last
designated Gal-Van Developers, Inc., as the qualified and
several months. Daniel Bicz, President of the Buffalo
eligible Redeveloper for the subject project.
Enterprise Development Corporation, has provided
Please be advised that in accordance with the
administrative support to this group. Although I have been
provisions of Article 15 A of the New York State General
invited and on each occasion hoped I could attend, I have not
Municipal Law of the State of New York, it is now necessary
been part of those meetings for three months. I have been
for Your Honorable Body to set a date for a public hearing,
informed that the Aud has been a recurrent topic discussed by
and to direct the publication of the appropriate notice of said
this group. But it should be known that this Department
hearing. In the interest of time and in the anticipation that
concurs with the recently completed DDI/Waterfront Plan that
your Honorable Body desires to expedite this matter, I have
states, "For the reasons given above, the reuse or conversion
taken the liberty of preparing the appropriate Resolution
of the Aud is unlikely. Nonetheless, since it is possible that
together with the Notice of Public Hearing for your attention
there may be a specific, specialized use for which the And is
and action.
appropriate, the City of Buffalo should, on the short-term,
Presented herewith are the following documents:
explore reuse options.'
I am willing, at any time, to sit with any member of the
1. Resolution setting Public Hearing
Council or private sector group to discuss the possible
2. Notice of Public Hearing
reuse of the Aud.
3. Resolution Approving proposed Land Disposition
I should inform you, however, that Joseph Giambra has
Agreement
been the point person on this issue to date.
4. Proposed Land Disposition Agreement
If you have any specific questions about the Business Advisory
After the Public Hearing is held, your Honorable
Group referred to in the Resolution, I recommend that you
Body may adopt a resolution approving and authorizing the
contact Daniel Bicz for information and details.
disposition of the land to Gal-Van Developers, Inc., which the
REFERRED TO THE STADIUM/AUDITORIUM TASK
City of Buffalo Urban Renewal Agency, has duly designated
FORCE.
as being a qualified and eligible Redeveloper.
NO.57
REFERRED TO THE COMMITTEE ON COMMUNITY
TOST.JOHNBAPTISTCHURCH
DEVELOPMENT.
TRANSFER216GOODELLFROM
NO.61
BURA
CERTIFICATEOFAPPOINTMENT
The Buffalo Urban Renewal has reviewed the above
Appointment effective March 14, 1997 in the Department of
referenced item in response to the Common Council's request
Community development, Division of Inspections, Licenses &
to transfer 216 Goodell from BURA to St. John Baptist Church.
Permits, to the Position of Supervisor of Licenses
The property is currently owned by the City of Buffalo
at the Intermediate Starting Salary of $33,158
Perfecting Title and therefore your request has been forwarded
Patrick Sole, Jr. 51F Plymouth Ave. Buffalo, NY 14213
to the Division of Real Estate - John Hannon for response.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO.62 method of filling positions, pledge against discrimination and
CERTIFICATEOFAPPOINTMENT reprisal, sick leave, leaves of absence without pay, life
Appointment Effective March 24, 1997 in the Department of insurance, health insurance (medical and dental), in-lieu
Community Development, Division of Inspections, Licenses & payments (medical & dental), absences due to injury. New
Permits to the Position of Chief Building Inspector, Permanent, provisions will be added regarding: direct deposit of payroll
at the maximum starting salary of $42,773 checks and the City's policy concerning the Family and Medical
Gary Ziolkowski, 82 Howell, Buffalo, NY 14207 Leave Act (FIVILA).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Your approval of this contract settlement is respectfully
NO.63 requested.
CITYOWNEDWATERFRONTPROPERTY Mrs. LoTempio moved to approve the above item; seconded
ITEMNO.168,C.C.P.,3/18/97 by Mr. Coppola.
The Department of Community Development is putting Mr. Czajka moved to amend and refer the above item to the
forward an alternative policy to substitute for the City-owned Committee on Civil Service; seconded by Mr. Zuchlewski.
waterfront property policy adopted by the Common Council at LOST
the March 18th meeting. The extent of our concerns over the AYES - BROWN, CZAJKA, HELFER, QUINTANA,
original policy were not clear until after the Council adopted the ZUCHLEWSKI - 5
original language. This Department supported the original NOES - COPPOLA, FRANCZYK, GRAY, KAVANAUGH,
policy sponsored by Councilmember Barbra Kavanaugh, but LOCKWOOD, LOTEMPIO, PITTS, WILLIAMS - 8
we felt it did not fully state the position of Community Mrs. LoTempio now moved her original motion to approve the
Development. We believe the policy to protect City-owned above item; seconded by Mr. Coppola.
waterfront property has to be flexible and offer a minimum of PASSED
sorts to give developers some direction on how to tailor their AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
projects. KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
Working with Councilmember Kavanaugh, the WILLIAMS-10.
Department has developed an alternative policy that preserves NOES-HELFER, QUINTANA, ZUCHLEWSKI-3.
public access to the waterfront and promotes successful, NO.65
balanced development. We offer this policy in the hopes that it COMPLAINT-SIGNPERMITFEES
sends the clear message that this Administration and Common ITEM#133,C.C.P.MARCH4,1997
Council are dedicated to the idea that the waterfront is a public The Department of Administration and Finance has reviewed
asset to benefit the City of Buffalo and this City is willing to the complaint regarding fees associated with portable signs.
make policy to protect that interest. The fee was purposely made high to discourage the use of
The alternative policy is as follows: portable signs. During the 70's and 80's the use of portable
Now, Therefore, Be It Resolved That: signs became a problem in many of the City's business
As a condition of sale for any city-owned districts. The City Code calls for approval of both the
waterfront land, the City shall hold title to or retain Commissioner of Public Works and the Common Council
an exclusive easement along the full length of the before a portable sign can be installed.
parcel's waterfront edge for public use and A much cheaper way for businesses to put up signs
enjoyment. The desired width of the easement is through the use of City Code Chapter 3 87-12 or 3 87-20
retained for public use will be from a minimum of rather than 3 87-3 1 which relates to portable signs. License
25 feet to a maximum of 100 feet, measured from fee for nonilluminated signs start out at $8 every two years or
the mean water line along the full length of the $16 for an illuminated sign.
parcel's waterfront edge. This information should satisfy your requirements.
And Be It Further Resolved That: REFERRED TO THE COMMITTEE ON BUDGET.
The City Planning Board shall review any NO.66
transaction involving the disposition of city owned REVIEWCOSTOFOUTSIDEPATIOPERMITS
land to determine the width, use, and design of the ITEM#189,C.C.P.MARCH18,1997
easement retained by the City for public use. The The Department of Administration and Finance
City Planning Board, in determining the final width, has reviewed the cost of issuing an Encroachment Permit
permitted uses and design of this easement shall and has found that the fee of $2.00 per sq. ft. with a
1) where an officially adopted plan has specified maximum fee of $750 was not excessive. The fee is viewed
the design and width of a waterfront access as a cheap way for a small restaurant to add seating capacity
element, the City Planning Board will follow the without much overhead. Furthermore, the restaurant owner
guidelines of these plans; and 2) where no plan or can control the cost of the encroachment to what he/she can
design guidelines exist, the City Planning Board afford by limiting the amount of the area encroached upon.
shall examine on a case by case basis, the best The fee has not prohibited small restaurants from requesting
means for providing access to city shoreline, permits, in fact, the number of permits has continually
balancing ecological and public access needs with increased since the inception of the encroachment permit as
economic development issues. In cases involving has the revenue from this source. Revenue has gone from
water dependent uses, the City Planning Board $7,815 in FY 89-90 to $33,152 in FY 95-96. FY 96-97 is
shall determine the best means for providing $3,000 ahead of last year at this point in time and it is
access across the city shoreline or easement to expected to come in around $35,000.
the water. The fee is justified by the cost of a City Engineer
RECEIVED AND FILED. having to go out to the site and measuring off of the center
FROMTHECOMMISSIONEROFADMINISTRATIONANDline of the street to determine if in fact it is an encroachment
FINANCE and if so how much then certifying how much space is being
NO.64 requested. A second inspection is must then be made to
CONTRACTSETTLEMENTBETWEEN insure the encroachment is removed during the winter
THECITYOFBUFFALOAND season.
LOCAL650,AFSCME,AFL-CIO This information should satisfy your requirements.
JULY1,1995THROUGHJUNE30,1998 REFERRED TO THE COMMITTEE ON BUDGET.
Attached please find the Contract Settlement FROMTHECOMMISSIONEROFHUMANSERVICES,
between the City of Buffalo and Local 650, AFSCME, AFL-CIO PARKSANDRECREATION
for the contract period, July 1, 1995 through June 30, 1998. NO.67
This settlement is applicable to approximately 650 employees, EQUIPMENTTRADE-IN
and provides a 0% salary increase for fiscal year 1995-96; 3% We are requesting your permission to trade-in our
salary increase for fiscal year 1996-97 and 3% salary increase existing nonfunctioning equipment. Asset#PK-36EQ (Brush
for fiscal year 1997-98. In addition, this contract settlement Chipper) and Asset #PK-8909 (Stump Grinder). This will be
provides for a $300 bonus to all bargaining unit members necessary to offset the purchase of new OSHA approved
currently employed by the City of Buffalo as of the ratification equipment.
date of this contract on March 18, 1997, for the fiscal year Mrs. LoTempio moved:
1995-96; as well as adjustments to be added to base salaries That the communication from the
for all steps of specific titles as listed in this settlement and Department of Human Services, Parks & Human Services,
$225 salary upgrades for all steps of remaining bargaining unit dated March 20, 1997, be received and filed; and
titles, prior to salary increases, for fiscal year 1996-97 and That the Commissioners of Human
fiscal year 1997-98. Services, Parks & Human Services and General Services be,
The parties have also agreed to modify the and they hereby are authorized to trade-in existing
following contractual provisions: auto allowance, vacations, nonfunctioning equipment, Asset #PK-36EQ (Brush Chipper)
and Asset #PK-8909 (Stump Grinder) to be used towards the REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
purchase of new OSHA approved equipment. FROMTHECITYCLERK
Passed. NO.71
AYES-13. NOES-0. LONGEVITY-EXEMPTEMPLOYEES
FROMTHECOMMISSIONEROFGENERALSERVICES This information is intended for the
NO.68 Councilmembers who were unable to attend the Budget
VEHICLEMAINTENANCEFACILITY Committee Meeting March 26, 1997.
Enclosed is, to the best of my knowledge, "a scaled down I was asked to identify funding (Approx. $9,000
version of the Vehicle Maintenance FY 96/97) - in the event this item was passed by your
Proposal of five years ago." It is a report filed by Honorable Body. Originally, it was suggested funds be
Councilmember Rosemarie LoTempio, taken from vacant positions. After further examination I
Councilmember-At-Large and dated March 12, 1993, now can identify funds in the City Clerk Budget - 500
making it four years old. Lines. Surpluses exceeding $10,000 were created by
As you can see by the report it is a review and re-retiring or transferring outdated Computer Equipment to
evaluation of the Buffalo Financial Planning Commission other Divisions or Agencies, and recouping the
(BFPC) report specifically Chapter 10 - Vehicle maintenance costs. This equipment was not maintained
Maintenance. by Data Processing.
The report either concurs, in whole or part thereof, or I also explained that Longevity costs for Council
makes alternative recommendation to the BFPC Chapter Exempts were an Annual fixed cost. An employee
10's segments dealing with consolidation of City becomes eligible on their Anniversary Date of Hire after 5
Maintenance Garages. Years of service. That figure remains constant until an
The report does not contain a program summary for use in employee reaches 10 Years of service. Then they move to
developing an implementation plan. For example, if all the next increment. After 5 Years of service the rate is
operations move to Truscon site - what kinds of support $260.00; 10 Years $585.00; 15 Years $910.00; 20 Years
equipment would be needed and what it would it cost? $1,235.00.
Also, inside/outside storage is not covered. Will the This schedule is based on the 650 Agreement
Truscon building be large enough to house all vehicles that that covers White Collar Employees and is contingent upon
are being repaired as well as those vehicles needed to be obtaining 5 Years continued service.
stored inside? Longevity should not be considered a raise. It is
Indoor storage for certain vehicles is critical in the winter more of a stipend- for continued, dedicated service to the
months. Especially those vehicles used for snow removal City. Presently a Council Employee with 5 or more years
and garbage/trash collection. It would be disastrous to on the job receives the same pay as an employee with less
have such vehicles unable to start or buried in snow. than a year's experience.
I am submitting the attached only, if a copy of the BFPC I further add that over 50% of the approximately
report is needed please advise. 1442 Cities, Villages, and Towns in New York State grant
REFERRED TO THE COMMITTEE ON BUDGET. Longevity for Employees not covered by a bargaining
FROMTHECIVILSERVICECOMMISSION agreement.
NO.69 In closing, if you choose to Adopt this measure,
HOTLINEFORRESIDENCY an Effective Date must be selected. Most Employees
INVESTIGATOR effected by Longevity have starting dates of employment
In accordance with the Common Council's between January and March.
request, the Civil Service Commission has hired Thomas The original Resolution filed in October of 1996
Chwalinski as a full-time Residency Investigator. set July 1, 1996 as the effective date and would cover all
This employee is responsible for researching any employees with that achieved 5 Years service from that
and all inquiries or questions regarding the residency of City date. This would make the current year (Fiscal Year
employees. 96/97) obligation approximately $9,750.00. If January 1st
Please be advised that a residency hotline has was used- the current obligation would be approximately
been established (851-4691). Mr. Chwalinski may also be $7,500.00 for Fiscal Year 96/97.
reached at extension 5403. If the date of this upcoming meeting (4/1) is
RECEIVED AND FILED. used, a single employee's anniversary date falls in April
NO.70 and the cost would be $585 for Fiscal 96/97. Beginning
INFO-APPT.TIREMECHANIC(MAX)(GS)] July 1, 1997- ending June 30, 1998, the total cost to cover
#69,CCPJANUARY21,1997 all currently eligible employees would be approximately
In response to Item #69 CCP 1/21/97, please be $12,700 for the upcoming fiscal year.
advised of the following: REFERRED TO THE COMMITTEE ON BUDGET.
Mr. Pierino appeared at the Civil Service NO.72
Commission meeting held on February 26, 1997, relative to LIQUORLICENSEAPPLICATIONS
his residency. Attached hereto are communications from persons applying for
Be advised that Mr. Pierino's position of Tire liquor licenses from the Erie County Alcohol Beverage Control
Mechanic was transferred from the Department of Street Board.
Sanitation to the Department of General Services in 1986. At Address Business Name Owners Name
that time, he resided on West Ferry Street in the City of 2022 Genesee Club reality Club Reality Inc.
Buffalo. At the meeting of February 26th, Mr. Pierino 71 Metcalfe GW Pubs Gail Wojcik
indicated that he moved out of the City in 1990 to his present 642 Walden Studio WALP Cynthia Lewis
residence in Chaffee, New York. Mr. Pierino failed to notify 75 W.Chippewa Zoobar P. Kelleher
the Civil Service Commission of this information. 1718 Genesee St. D.Brown P. Kellher
On July 1, 1996, the position of Tire Mechanic 1683 Main St Face Enter. R. Wallace
was abolished from the Department of General Services and RECEIVED AND FILED.
you were laid off. The Department of General Services NO.73
rehired Mr. Pierino on a temporary basis in the position of LEAVESOFABSENCEWITHOUTPAY
Tire Mechanic. Therefore, Mr. Pierino would be considered a I transmit herewith notifications received by me reporting the
new employee for purposes of his rehire after said granting of leaves of absence without pay, in the departments
abolishment. listed:
The position of Tire Mechanic is not a position Comptroller-Daniel Bohen
exempted from residency requirements under New York Public Works - Robert Honour, Eugene Schuta
State law. There is no duly authorized agreement between Police-Mary May, Kathleen DiSarno
the City and Local 264 exempting the position of Tire Street Sanitation-Lawrence Greaves, Michael Murphy
Mechanic from the residency requirements of the City Human Services, Parks & Recreation-Joyce Quackenbush,
ordinances or collective bargaining agreement. Also, the Joseph Falzone, Jacqueline Gonser
Code of the City of Buffalo requires employees of the City to RECEIVED AND FILED.
be a domiciled resident of the City of Buffalo. NO.74
After careful consideration of this matter, the REPORTSOFATTENDANCE
Commission directed that Mr. Pierino be granted a residency I transmit herewith communications received by me, from the
waiver for six months to establish residence in the City of various boards, commissions, agencies and authorities
Buffalo. Mr. Pierino is required to present proof of your City reporting the membership attendance at their respective
of Buffalo residence to this Commission by September 25, meetings:
1997. Board of Stadium and Auditorium
City Planning Board Priscilla A. Roberson, 33 Gail Avenue, Buffalo, 14215
RECEIVED AND FILED. Appointment Effective March 17, 1997 in the Department of
NO.75 Human Services, Division of Senior Citizen , to the Position of
NOTICESOFAPPOINTMENTS-COUNCILINTERNS Senior Citizen Aide, at the Flat
I transmit herewith appointments to the position of Council Starting Salary of $5.20perhr.
.
Intern.
Muriel Somma, GrimesBuffalo, N.Y. 14212
83 ,
Mrs. LoTempio moved the approval of the appointments to the
Appointment Effective: March 17,1997
position of Council Intern.
in the Department Of Human Services, Division of Recreation,
ADOPTED.
to the Position of Fee Collector
Appointment Effective: March 17, 1997 in the Department of
Seasonal, at the Flat Starting Salary of $ 4.94
Common Council, to the Position of Intern IV, Seasonal
Cheryl Moran, 24 Albert, Buffalo 14207
at the Flat Starting Salary of: $ 6.00 per hr.
Appointment Effective: March 18, 1997
Calvin Brown, 2 Wade Ave., Buffalo, NY 14214
in the Department of Human Services, Parks & Recreation
Appointment Effective: March 26, 1997 in the Department of
Division of Youth, to the Position of Attendant, Temporary,
Common Council Division of to the Position of Intern IV,
at the Flat Starting Salary of $ 4.75 p/h
Seasonal, at the Flat Starting Salary of: $6.00 per hr.
Tabitha Stroud, 139 Arden, Buffalo 14215
Gary Nelson 341 East St., Buffalo, NY 14207
Ray Boyd, 30 Worcester, Buffalo 14215
NO.76
Michael Darby, 156 Northampton, Buffalo 14209
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
Appointment Effective: March 19, 1997
I transmit herewith certificates received by me, reporting
in the Department of Human Services, Parks & Recreation
seasonal and flat salary appointments made in various
Division of Youth, to the Position of Attendant
departments.
Temporary, at the Flat Starting Salary of $ 4.75 p/h
RECEIVED AND FILED.
Timothy Hart, 91 Portland, Buffalo 14220
DEPARTMENTOFASSESSMENT
Annamarie Kobis, 229 Geary, Buffalo 14210
Appointment Effective: 24 March 1997 in the Department of
Tammy Wagner, 7 Zittel, Buffalo 14210
Assessment Division of to the Position of Clerk
Dee Perry, 298 Hastings, Buffalo 14215
Seasonal, at the Flat $5.20 / Hr.
Appointment Effective: March 18, 1997 in the Department of
Jason Bailey, 74 Putnam Street, Buffalo, NY 14213
Human Services, Parks & Recreation, Division of Youth
STADIUM&AUDITORIUM
to the Position of Supervisor, Temporary, at the Flat
Appointment Effective March 14, 1997 in the Department of
Starting Salary of $ 5.60 p/h
Stadium and Auditorium Division of North AmeriCare Park to
Kenneth Stroud,, 139 Arden, Buffalo 14215
the Position, of Laborer I, Seasonal
Appointment Effective: March 26, 1997
at the: Flat Starting Salary of $ 6.22
in the Department of Human Services, Parks & Recreation
Christopher Lozo, 6 Tuscarora Rd, Buffalo, 14220
Division of Youth to the Position of Lifeguard, Seasonal
Ronald Morgan, 115 Krettner St., Buffalo, 14206
at the Flat Starting Salary of $ 5.20 p/h
Russell Ortolano, 38 Troupe St.,Buffalo, 14210
Nicholas Bertini, 38 Hubbell, Buffalo 14220
Stephen Radominski, Jr., 133 Weimar St.,Buffalo, 14206
Appointment effective March 24,1997 in the Department of
Rafael Ramos, 42 Philadelphia St.Buffalo, 14207
Human Services Division of Parks to the position of Laborer II,
Darlene Swenton, 42 Philadelphia St.,Buffalo, 142
07
Seasonal at the Flat Starting Salary of $6.92
Steven Thompson, 49 Castle Street, Buffalo, 14214
Gaetano Agro, 540 Tacoma, Buffalo 14216
Dennis Vitale, 143 Saranac Street, Buffalo, 14216
Jeffrey Dziedzic, 16 Glenn, Buffalo 14206
Willie Anderson, 115 Shumway Street, Buffalo, 14206
Mike Ester, 91 East Delavan, Buffalo 14215
Thomas Banko, 18 Weyand Street, Buffalo, 14210
Daniel Gant, 51 Brunswick, Buffalo 14208
Appointment Effective: March 25, 1997 in the Department of
John Kregg, 443 Linwood, Buffalo 14209
Stadium and Auditorium, Division of North AmeriCare Park, to
Willie Simmons, 81 Waverly, Buffalo 14208
the Position of Laborer I, Seasonal, at the Flat
Joseph Thompson, 140 Deerfield, Buffalo 14215
Starting Salary of $ 6.22
Appointment Effective March 24,1997 in the Department of
Gary Moore, 18 Lakeview Street, Buffalo, 14201
Human Services Division of Parks to the Position of Laborer II,
Appointment Effective April 1, 1997 in the Department of
Seasonal, at the Flat Starting Salary of: $ 6.92
Stadium and Auditorium, Division of North AmeriCare Park
Alra Staples, 57 Plymouth, Buffalo 14210
to the Position of Laborer I, Seasonal, at the Flat
Judy Zaccagnino, 178 Fenton, Buffalo 14206
Starting Salary of $6.22
NO.77
Darren Ross, 338 Lisbon Street, Buffalo, 14215
Dennis Thompson II, 163 Timon Street, Buffalo, 14208
APPOINTMENTS-TEMPORARY,PROVISIONALOR
Noelia Vega, 422 Louisiana Street, Buffalo,, 14204
PERMANENT
Thomas Carier, 350 Downing Street, Buffalo, 14220
I transmit herewith Appointments in the various
John Palamara, 56 Congress Street, Buffalo, 14213
departments made at the Minimum (Temporary, Provisional or
Brian Reiss, 12 Heussy Avenue, Buffalo, 14220
Permanent) and for Appointments at the Maximum (as per
Cory McAllister, 424 Dorrance Avenue, Buffalo,, 14218
contract requirements) .
M.T. McNeal, 791 Sycamore Street, Buffalo, 14212
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
William Granville, 57 Hansen Avenue, Buffalo, 14220
DEPARTMENTOFPOLICE
Sharon Campbell, 147 Marine Dr., Apt., Buffalo, 14202
Appointment Effective: March 19, 1997
Michael Lee, 77 E. Parade Avenue, Buffalo, 14211
in the Department of Police, to the position of Crossing
Appointment Effective April 1, 1997 in the Department of
Guard, Temporary, at the Minimum Starting Salary of: $6.09.
Stadium and Auditorium, Division of North AmeriCare Park
Beverly M. Casey, 20 Kentucky St., Buffalo, NY 14204
to the Position of Laborer I I, Seasonal, at the Flat
DEPARTMENTOFFIRE
Starting Salary of $6.92
Appointment Effective March 24, 1997
Phillip Anderson, 125 Shumway Street, Buffalo, 14206
in the Department of Fire
Russell Olivieri, 50 Pavonia Street, Buffalo, 14207
to the position of Chief Fire Administrator, Provisional
DEPARTMENTOFPUBLICWORKS
at the flat starting Salary of $ 50,763
Appointment Effective March 25, 1997 in the Department of
James W. Malone, 35 Campbell Ave.,Buffalo, NY 14216
Public Works, Division of Buildings
DEPARTMENTOFPUBLICWORKS
to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $ 6.22
Appointment Effective March 24, 1997 in the Department of
Clary V. Wilson III, 31 Florida St., Buffalo 14208
Public Works, Division of Buildings, to the Position of Building
DEPTOFADMINISTRATION&FINANCE
Code Specialist, Temporary, at the Minimum
Appointment Effective March 31, 1997 in the Department of
Starting Salary of $ 32,948
Administration and Finance, Division of Parking Enforcement,
Robert T. Hays, 79 Manchester Place, Buffalo 14213
to the Position of Clerk, at the Flat
Appointment Effective 12/19/96, in the Department of' Public
Starting Salary of $5.20.
Works, Division Of Engineering, to the Position of Junior
Donald R. Palmer, 31 Philadelphia St.Buffalo 14207
Engineer, Provisional, at the Minimum Starting Salary of: $
DEPT.HUMANSERVICES,PARKS&RECREATION
27,731.00
Appointment Effective: March 25, 1997 in the Department of
Joseph J. Poltorak, 106 Delsan Court, Buffalo, NY 14216
Human Services, Parks & Recreation, Division of Youth
NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
to the Position of Community Field Worker (Youth Court
REMONSTRANCES
Temporary, Appointment, at the Flat
Starting Salary of $ 6.55.h
NON-OFFICIALCOMMUNICATIONS
5. Cutting unnecessary expenses(Cellular phones etc.)
NO.78 6.Collecting all overdue water and sever bills
AIRPORTTAXISERVICE 7-Enforcing collection, from slumlords, for code violations,
OPPOSESTATELAW-REQUIRING etc.
SHIELDS/DISTRESSLIGHTS We the people, the lifeline of the City of Buffalo, are
I apologize if this communication seems a bit premature willing to work with the Common Council, and demand that this
but your support of our efforts to have the City of Buffalo elect matter, be taken back to Council for reconsideration.
to opt out of a recently enacted state law and return the Thanking You In Advance
regulation of the city taxi industry to the local level is urgently REFERRED TO THE COMMITTEE ON BUDGET, AND
needed. COMMISSIONER OF ADMINISTRATION AND FINANCE.
A recently enacted NY State law ACT(Reference: CAL.
No. 1161, 7083-B), which mandates shields and distress lights NO.81
in taxis regulated by cities with populations over 75,000 takes D.SPASIANO
effect February 4, 1997 of this year. A copy of the law is ESTABLISHNEWPROCEDURES-CONCESSIONAIRES
enclosed. I am a hospitality educator of 23 years and also possess
When we and other cab companies, especially in the several years experience with concessions. Must recently I
cities of Rochester and New York, heard of this hastily enacted was the concessionaire for Broderick Park's "River Cafe"
law, an effort was started to make this law optional in the cities located at the foot of Ferry Street. I decided, however, not to
affected by this law. This effort has resulted in Senator renew my 1997 contract based on my desire to spend more
Dollinger of Rochester sponsoring Senate BillS.1387-A. This time with my two growing boys.
bill allows cities to opt out of the state law and is retroactive to At this time, I would like to urge you to consider
February 4, 1997. This bill was passed by the State Senate on establishing new criteria for awarding concession rights for
February 26, 1997 and a copy is enclosed. seasonal operations in the city. There's no mistaking that
Assemblyman A. Vitaliano, of the Bronx and many co-history reveals a lack of longevity, continuity, and consistency
sponsors have introduced Assembly Bill A-2130A which is the for a majority of city concession stands.
same bill that was passed in the State Senate. This bill has While I'm fully aware of the fact that the city is always
passed the Transportation Committee of which Sam Hoyt is the looking for revenue (especially considering our present financial
chairman and also Assemblyman Hoyt endorses the bill and it climate) , I believe there comes a time when providing a service
has been sent to the Codes Committee. to our city residents should supersede the small financial gains
Councilwoman Beverly Gray is aware of and has been realized. I'm not suggesting the city forego all financial gain,
working on this matter. As a concerned group we urge the City just that it not be the sole basis upon which contracts are
Council to opt out of the state law as soon as possible. We awarded. Experience, commitment, reputation, and
feel that participation in a cumbersome state law, that only recommendations should all play a role in awarding contracts.
affects a certain few cities, Would not be in the City of Buffalo's A concessionaire should provide quality, value, and service in a
best interest. clean and friendly atmosphere to our city residents.
We feel confident that the city can continue to regulate its I would be glad to discuss this further and provide
taxis adequately as it now does and would carefully study and additional information at your convenience. Please feel free to
investigate any proposed changes to the present taxi laws of contact me by calling 851-1393 (work) or 883-0872 (home).
the City of Buffalo. Thank you.
Thank you very much for your kind consideration in this REFERRED TO THE COMMITTEE ON LEGISLATION AND
matter and we remain COMMISSIONER OF ADMINISTRATION AND FINANCE.
REFERRED TO THE TAXI SUB-COMMITTEE.
NO.82
NO.79 TCI
A.COPPOLA REDUCECERTAINEQUIPMENTCHARGES
CHEEKTOWAGATOWINGORDINANCE/HAUCK'S On March 1, 1997, TCI of New York, Inc. forwarded FCC
COLLISION Forms 1240 and 1205 to the City of Buffalo supporting new
rates. TCI included a schedule of operator selected equipment
Attached is a copy of the Town of Cheektowaga's towing and installation rates with the filing that are below the maximum
ordinance which was sent to me by Kevin Schenk of the Town permitted rates calculated in Form 1205. After additional
of Cheektowaga Attorney's Office. The ordinance relates to the analysis, we have decided to further reduce certain equipment
Council items listed below: charges.
No. 76, Feb 18, 1997, AAA of WNY - TCI is a retail business in a competitive marketplace and
Hauck's Collision Chaser our pricing of products and services can no longer be wholly
Corn. 82, Mar 4,1997, AAA of WNY - driven by the rates permitted under regulation. We must also
Hauck's Collision Chaser account for retail market factors such as customer value,
REFERRED TO THE COMMITTEE ON LEGISLATION. competition and wholesale costs when determining our price
structure. Consistent with this value analysis, we have created
NO.80 a separate lower charge for customers that take standard
R.GIBSON converters and service offerings beyond the Basic level. Some
ALTERNATIVESTOUSERFEE of our customers may see a variation in the rate adjustment due
We the undersign, City of Buffalo residents, taxpayers, to different service combinations. Attached is the revised rate
homeowners, voters, Senior Citizens, small businesses,and schedule that will be implemented in June.
concerned citizens are opposed to paying the Garbage User In June, we will also adjust service rates to account for
Fee. factors such as inflation, updated programming costs and
This user fee/tax has imposes an unfair burden on single applicable franchise related costs. The rate for Basic Cable
and double family homeowners, small businesses, and vacant service will increase $38 a month from $8.91 to $9.29 and
lots in the City of Buffalo. Expanded Basic Cable will increase $1.07 a month from
We the people, also feel, if taxpayers had first $15.80 to $16.87. The total increase for both services per
consideration in the Common Council decision making, and month will be $1.45. These rates are exclusive of franchise
especially when the council so quickly rejected the County fees, the FCC user fee and other applicable taxes. We will
proposal, we may have had this issue behind us. provide customers with the required notice, via a bill insert,
We the people, should be a part of the Common Council's prior to the implementation.
decision making, and especially, when we are the people, who As always. TCI of New York. Inc. is committed to
they have placed the unfair burden on. The Common Council providing the City of Buffalo with quality information and
cannot continue to think that making the city stronger, should entertainment services and the best value through superior
be by placing the burden on the middle class, which is customer satisfaction. If you should have
shrinking, while the rich gets richer. any questions, please contact me at (716) 843-8090.
We are requesting a public hearing, with the Common REFERRED TO THE SPECIAL COMMITTEE ON
Council, to identify ways to generate more revenue, in the City TELECOMMUNICATIONS.
of Buffalo.
The following, are some of the alternatives, we feel would NO.83
generate more revenue: BUFFALOPHILHARMONICORCHESTRA
1. Commuter Tax (Non-residents) TICKETTAXAGREEMENT
2. Re-Open talks with the County In follow-up to your request, enclosed are the following:
3. Downsizing City Departments 1. An itemized break out of the cost of the 1996 BPO
4. Service consolidations, to control government cost Public Benefit Package. Exclusive of revenue loss on
complimentary tickets, the actual cost of the package was PETITIONS
$152,874.08. The cost is obviously in excess of the $122,000 NO.85
in ticket tax proceeds which the City allowed the BPO to retain Salvation Army, petition to use 154-156 N. Pearl Street for a
for 1993-94 and 1994-95. Family Resource Center.
2. A Memorandum summarizing the ticket tax proceeds REFERRED TO THE COMMITTEE ON LEGISLATION, THE
collected by the BPO from August, 1993 to December, 1996. CITY PLANNING BOARD, AND THE COMMISSIONER OF
Including the $13,413.31 which the BPO is obligated to pay COMMUNITY DEVELOPMENT.
Kleinhans per the terms of the city audit, our records show the
BPO owes Kleinhans $25,976.29 through December 31, 1996. NO.86
Such payment will be promptly made upon execution of the R. Benderson, ( Lockport Savings Bank) petition to. use 2141
ticket tax agreement by all parties. Elmwood for a pole sign.
I believe I have provided you with all information which you REFERRED TO THE COMMITTEE ON LEGISLATION, THE
have requested. If you need anything else, please advise. CITY PLANNING BOARD, AND THE COMMISSIONER OF
.
Thank you for your continuing assistance throughout this
COMMUNITY DEVELOPMENT
process. I look forward to giving this matter closure.
RECEIVED AND FILED.
NO.87
Niagara Cold Drawn Corp., petition to use 110 Hopkins Street
NO.84
for an office addition.
BLACK&VEATCH
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CONDUCTANALYSIS
CITY PLANNING BOARD, AND THE COMMISSIONER OF
PRIVATIZATIONWATERSYSTEM
COMMUNITY DEVELOPMENT.
Black & Veatch understands that the City of Buffalo has
received proposals from private vendors offering to operate and
NO.88
maintain the City's water system under the terms of a five-year
Rosa Gibson and others - Oppose Garbage Use Fee and
contract at a significant reduction in cost. Together with First
request repeal of same.
Albany and Mr. Albert Appleton of the AB Group, we had
REFERRED TO THE COMMITTEE ON BUDGET
previously submitted a proposal to the City offering to work with
City employees to prepare a detailed plan to reduce the
NO.89
operation and maintenance costs of the water system. The
CHARLESJ.CIOTTA
results of our analysis would have provided a step-by-step
PETITIONSINOPPOSITIONTOTHEOPENINGOFTHE
action plan for providing quality services at a reduced cost
COLONIELOUNGEONHERTELAVENUEINNORTH
under continued public management as an alternative to
BUFFALO
contracting-out the work.
Attached are the signatures I obtained from the Citizens of
Since the private sector proposals have been received
North Buffalo who are in opposition to the opening of the
and the proposed cost of each vendor is public knowledge, we
Colonie Lounge; an Adult and Nude business on Hertel
wish to offer an alternative approach for evaluating whether or
Avenue. The Colonie Lounge is located in a residential area of
not the savings proposed by the private firms could be
North Buffalo at 1795 Hertel Ave.
achieved by City personnel using innovative operating methods,
I am a concerned Citizen and life-long resident of the North
better tools, energy efficiency and other techniques. The Black
Buffalo Community.
& Veatch team proposes to work with City employees to
REFERRED TO THE COMMITTEE ON LEGISLATION.
conduct a much more concise analysis of the areas in which
cost saving opportunities are typically found in water systems:
REGULARCOMMITTEES
personnel energy, chemical usage, purchasing and related
areas. Our objective will be to estimate whether annual savings
CIVILSERVICE
comparable to those proposed by the private firms can be
HON.DAVIDCZAJKA
achieved by City employees, given the same assumptions
CHAIRMAN
regarding the quality of services to be provided and the same
assurances regarding employment and other matters that have
NO.90
been offered by the private firms. If we believe that comparable
APPOINTMENT
savings and other terms can be provided by City water system
OPERATIONSCOMMUNICATIONCOORD
personnel, we will identify our estimates of the savings to be
That Communication 15, March 18, 1997 be received and
achieved in each area and outline the steps required to design
filed and the Provisional appointment of Mary G. O'Rourke
and implement the strategies to achieve those savings based
stated above at the Provisional salary $28,903.00 effective on
on a continued working partnership with the City, the water
February 28, 1997 is hereby approved.
system employees and our team.
PASSED.
Our analyses will be reviewed with union representatives
AYES-13. NOES-0.
both during the work and before reporting back to the City so
that the results of our work will reflect, to the extent possible, a
NO.91
consensus of the union representatives and our team. Our
APPOINTMENT
report will be very concise given our proposed fee, and will
CELLBLOCKATTENDANT
include a presentation to the Mayor and City Council.
That Communication 36, March 18, 1997 be received and
We propose to conduct the analysis for a fixed price of $
filed and the Permanent appointment of Nobert W. Ryan stated
5,000. This amount will cover our expenses and only a portion
above at the Intermediate salary $23,614.00 effective on March
of our labor costs. The remaining costs will be our
11, 1997 is hereby approved.
responsibility. The remaining costs will be our responsibility.
PASSED.
We are willing to assume this risk because, based on the prior
AYES-13. NOES-0.
experience of our team members, innovative, public employee-
NO.92
based management of water systems can provide efficient,
APPOINTMENT
high quality water services to customers while creating a
CHIEFPLUMBINGINSPECTOR
rewarding career for system personnel.
That Communication 62, March 18, 1997 be received and
Our team recognizes the City's need to make a timely
filed and the Provisional appointment of Anthony Ando stated
decision on this issue. Thus, all work would be completed
above at the Intermediate salary $39,845.00 effective on March
within thirty (30) days of a notice to proceed from the City. The
10, 1997 is hereby approved.
analysis described in this letter will be much more limited in
PASSED.
scope than what we proposed previously but it will focus on the
AYES-13. NOES-0.
principal areas in which savings are likely. The detailed plan of
action for implementing changes within the water system,
NO.93
which was part of our previous proposal, will not be produced
APPOINTMENT
as part of this analysis. The preparation of this detailed plan
SENIORACCOUNTCLERKTYPIST
would be a future task if the City decided to 'continue using
That Communication 65 March 18, 1997 be received and
public management and the cost of this plan will be included as
filed and the Permanent appointment of Linda A. Krempa
a factor in our analyses of potential cost savings.
stated above at the Permanent salary $24,282.00 effective on
We would be pleased to answer any questions that the
March 10, 1997 is hereby approved.
City may have concerning our proposal. Please do not hesitate
PASSED.
to contact the undersigned at (212)-3 82-2242.
AYES-13. NOES-0.
REFERRED TO THE COMMITTEE OF THE WHOLE.
NO.94
APPOINTMENT PILOTPROG.-METERDOWNTOWNPKG.RAMP
SENIORACCOUNTCLERKTYPIST (ITEM#144CCPNOVEMBER12,1996)
That Communication 66, March 18, 1997 be received and That the above mentioned Item be and the same is hereby
filed and the appointment of Lynn Marie Carberry stated above received and filed.
at the Maximum salary $24,282.00 effective on March 11, 1997 ADOPTED
is hereby approved.
PASSED NO.102
AYES-13. NOES-0. BIDS-ABANDONFUELSTORAGETANK-1785HERTEL
AVENUE
NO.95 (ITEMNO.22,C.C.P.,DEC.23,1996)
APPOINTMENT That the Commissioner of Public Works be, and he
EQUIPMENTOPERATOR hereby is, authorized to award a contract for closure of
That Communication 67, March 18, 1997 be abandoned underground fuel storage tank located at 1785
received and filed and the Provisional appointment of Richard Hertel Avenue, to Pinto Equipment, Inc., the lowest responsible
Runge stated above at the Maximum salary $27,597.00 bidder in the amount of $6,667.00 plus approved unit prices not
effective on March 10, 1997 is hereby approved. to exceed $2,333.40 for a total encumbrance of $8,000.40, with
PASSED. said cost to be charged to the Capital Projects Fund #200-401-
AYES-13. NOES-0. 507-00-000.
PASSED.
NO.96 AYES-13. NOES-0.
APPOINTMENT
LABORERII NO.103
That Communication 73, March 18, 1997 be received and STORAGETANK1785HERTEL(CC)
filed and the Permanent appointment of Larry Middlebrooks (ITEM#39CCPMARCH18,1997)
stated above at the Maximum salary $11.54 effective on March That the above mentioned Item be and the same is hereby
10, 1997 is hereby approved. received and filed.
PASSED. ADOPTED.
AYES-13. NOES-0.
NO.104
NO.97 BPO-DRAFTAGREEMENTFORKLEINHANS
APPOINTMENT (ITEM#83CCPJANUARY21,1997)
ACCOUNTCLERKTYPIST That the above mentioned Item be and the same is hereby
That Communication 74, March 18, 1997 be received and received and filed.
filed and the Provisional appointment of Joyce M. ADOPTED.
Quackenbush stated above at the Intermediate salary
$23,600.00 effective on March 10, 1997 is hereby approved. NO.105
PASSED. LEASE701KENSINGTON-EMMANUELCH.(COMPT)
AYES-13. NOES-0. That the above mentioned Item be and the same is hereby
received and filed.
FINANCE ADOPTED.
HON.DAVIDFRANCZYK
CHAIRMAN NO.106
NO.98 ROSWELLPK.-PED.BRIDGEOVERHIGHST.PK.(PW)
LEASEWSCTR.-CONCERNECUMMNSTRES(198,6/11) (ITEM#30CCPFEBRUARY4,1997)
(ITEM#146CCPJUNE25,1996) That the above mentioned Item be and the same is hereby
That the above mentioned Item be and the same is hereby received and filed.
received and filed. ADOPTED.
ADOPTED.
NO.107
NO.99 ROSWELLPARKPEDESTRIANBRIDGEOVERHIGH
RESULTOFNEGOTIATIONS-744GLENWOODAVENUE STREET
(ITEMNO.12,C.C.P.,NOV.12,1996) (ITEMNO.23,C.C.P.,MAR.18,1997)
That the offer of Ms. Nellie Tillman, of 742 Glenwood That the above item, be and the same is hereby received
Avenue, in the sum of $500.00 (Five Hundred Dollars) to and filed.
purchase the property described as 744 Glenwood Avenue, be ADOPTED.
and hereby is accepted; and NO.108
That the Corporation Counsel shall prepare the necessary CLARKSONCTR.PROP.(HSPR)
documents for the transfer of title and that the Mayor be (ITEM#59CCPFEBRUARY4,1997)
authorized to execute the same, in accordance with the terms That the above mentioned Item be and the same is hereby
of sale upon which the bid was submitted, provided, however, received and filed.
That the appraisal requested by the City of Buffalo shall ADOPTED.
be paid by the purchaser;
and NO.109
That the transfer tax, recording fees and cost of legal CLARKSONCENTERPROPOSAL
description will be paid by the purchaser. (ITEMNO.52,C.C.P.,MAR.4,1997)
PASSED. That the Commissioner of Human Services, Parks and
AYES-13. NOES-0. Recreation be, and he hereby is authorized to waive the 1996
and 1997 rental fees for the Clarkson Center and to grant three
NO.100 (3) waterfront concessions (LaSalle Park, the Foot of Ontario
RESULTOFNEGOTIATIONS-187MADISON Street and Broderick Park) to the Clarkson Center for the 1997
(ITEMNO.23,C.C.P.,MAR.4,1997) season with the following conditions:
That the offer of Ms. Annette Cole, of 201 Madison Street, 1. Clarkson will maintain the immediately
in the sum of $600.00 (Six Hundred Dollars) to purchase the surrounding the concessions.
property described as 187 Madison Street, be and hereby is 2. Clarkson will work with the City to devise a
accepted; and method to issue boat launch permits.
That the appraisal requested by the City of Buffalo shall 3. Clarkson will work with the City to devise a
be paid by the purchaser; and method to share the profits of the concessions once Clarkson
That the transfer tax, recording fees and cost of legal has realized its initial investment.
description shall be paid by the purchaser. PASSED.
That the Corporation Counsel shall prepare the necessary AYES-13. NOES-0.
documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms NO.110
of sale upon which the bid was submitted. RESULTOFNEGOTIATIONS-YWCAACQUIRE461E.
PASSED. FERRYSTREET,
AYES-13. NOES:-0. 41&85SIDNEY,529WINSLOW
(ITEMNO.17,C.C.P.,FEB.18,1997)
NO.101 That the offer of Ms. Susan Gaska, CEO, YWCA of
Western New York, in the sum of $ 1,000.00 (One Thousand renew the lease between the City of Buffalo and Community
Dollars) per property for a total of $4,000.00 (Four Thousand Action Information Center, for the lease of 103 Wohlers Street,
Dollars) to purchase the properties described as 461 E. Ferry for a five (5) year term, with the option to purchase the property
Street, 41 & 85 Sidney and 529 Winslow, be and hereby is anytime during the lease term. That the Corporation Counsel
accepted; and be authorized to prepare the necessary documents to renew
That the appraisal requested by the City of Buffalo shall said lease and that the Mayor be authorized to execute the
be paid by the purchaser; and same.
That the transfer tax, recording fees and cost of legal PASSED.
description shall be paid by the purchaser. AYES-13. NOES-0.
That the Corporation Counsel shall prepare the necessary
documents for the transfer of title and that the Mayor be NO.119
authorized to execute the same, in accordance with the terms REPORTOFEMERGENCYDEMOLITIONBID-717BEST,
of sale upon which the bid was submitted. ETC.
PASSED. (ITEMNO.50,C.C.P.,MAR.18,1997)
AYES-13. NOES-0. That the award by the Commissioner of Community
Development of emergency demolition contracts to Young's
NO.111 Auto & Housewrecking, at a cost of $8,700.00, relating to 717
CONSENTORDERSSQUAWISLANDREMEDIATION Best; to Battaglia Concrete Construction, at a cost of
(ITEMNO.32,C.C.P.,MAR.4,1997) $10,100.00, relating to 171 Grider; at a cost of $5,800.00,
That the Commissioner of Public Works be, and he relating to 20 Guilford; to Ridge Maintenance, at a cost of
hereby is authorized to enter into agreements with the New $8,625.00, relating to 39 Hoffman; to Battaglia Concrete
York State Department of Environmental Conservation for the Construction, at a cost of $5,000.00, relating to 36 Oberlin; to
remediation for Squaw Island and to execute Consent order Amirs, at a cost of $4,900.00, relating to 54 Rose; at a cost of
#96-02S for the southern portion of the island and #96-02N for $6,900.00, relating to 225 Woltz are hereby confirmed, ratified
the northern portion of the island. and approved, with said cost to be charged against Special
PASSED. Assessment Fund #500-000-002-00000, and that said cost
AYES-13. NOES-0. shall be collected against the owner or person in possession of
the premises and/or shall be assessed against the property
NO.112 benefited, in accordance with Chapter II 3 of the Code of the
SQUAWISLANDCONSENTORDERS(CC) City of Buffalo, and
(ITEM#37CCPMARCH18,1997) That the contract to Cedar Wrecking, at a cost of
That the above mentioned Item be and the same is hereby $13,600.00, relating to 1579 Genesee shall remain tabled in
received and filed. the Finance Committee.
ADOPTED. PASSED.
AYES-13. NOES-0.
NO.113
N.CLARKE-REFUNDINT.ONTEXAS-19FAIRFIELD NO.120
(ITEM#99CCPMARCH4,1997) RESCINDDEMOLITIONBIDSFOR300HICKORYSTREET,
That the above mentioned Item be and the same is hereby ETC.(ITEMNO.51,C.C.P.,JAN.21,1997)
received and filed. (ITEMNO.56,C.C.P.,MAR.18,1997)
ADOPTED. That the Commissioner of Community Development be,
and he hereby is authorized to rescind the demolition contract
NO.114 for non-performance of their contract, and as more fully
REFUNDINTEREST-14FAIRFIELD(ASSMT) described in Item No. 5 1, C.C.P., January 21, 1997, from
(ITEM#18CCPMARCH18,1997) Great Lakes Contracting, at a cost of $4,100.00. relating to 300
That the above mentioned Item be and the same is hereby Hickory Street, at a cost of $6,000.00, relating to 315 Pratt
received and filed. Street; at a cost of $6,000.00, relating to 60 Johnson Street; at
ADOPTED. a cost of $5,100.00, and at a cost of $4,400.00, relating to 555
Monroe for a total of $19,600.00 and charged against Special
NO.115 Assessment Fund #500-000-002-00000, and that the
WAIVE-TAXPENALTY-14FAIRFIELD(CC) properties will be re-bid at a later date.
(ITEM#38CCPMARCH18,1997) PASSED.
That the above mentioned Item be and the same is hereby AYES-13. NOES-0.
received and filed. NO.121
ADOPTED. RESCINDDEMOLITIONBIDSFOR228HOWARD&38
WILSON(ITEMNO.52,C.C.P.,JAN.21,1997)
NO.116 (ITEMNO.57,C.C.P.,MAR.18,1997)
PERMISSIONTORETAINPROFESSIONALENGINEERING That the Commissioner of Community Development be,
SERVICES and he hereby is authorized to rescind the demolition contract
(ITEMNO.9,C.C.P.,MAR.18,1997) for nonperformance of their contract, and as more fully
That the Commissioner of Public Works and the Director described in Item No. 52, C.C.P., January 21, 1997, from
of the Board of Parking be, and they hereby are authorized to Ridge Maintenance, at a cost of $3,750.00, relating to 228
retain professional engineering services for construction, Howard Street, at a cost of $3,750.00, relating to 38 Wilson, for
supervision and design. Funds for this project are available in a total cost of $7,500.00 and charged against Special
the No. 415-410-006 account. Assessment Fund #500-000-002-00000, with an additional
PASSED. cost for this project of $50.00.
AYES-13. NOES-0. PASSED.
AYES-13. NOES-0.
NO.117
BIDS-RECONSTRUCTIONOFCITYOWNEDRAMPS NO.122
(ITEMNO.10,C.C.P.,MARCH18,1997) RESCINDDEMOLITIONBIDSFOR586NIAGARAAND373
That the Director of the Board of Parking be, and he VERMONTSTREETS
hereby is, authorized to award, to the lowest responsible (ITEMNO.53,C.C.P.,JAN.21,1997)
bidders, a contract for Reconstruction of City-owned Ramps for (ITEMNO.58,C.C.P.,MAR.18,1997)
Electrical Work to Industrial Light & Power, in the amount of That the Commissioner of Community Development be,
$111,867.50; for Elevator Work to Dover Electric, in the and he hereby is authorized to rescind the demolition contract
amount of $35,200; for Plumbing Work to Elmwood Plumbing, for non-performance of their contract, and as more fully
in the amount of $97,172, with said cost to be charged to described in Item No. 53, C.C.P., January 21, 1997, from
account No. 415-410-006. Great Lakes Contracting, at a cost of $4,645.00, relating to 586
PASSED. Niagara Street, at a cost of $8,395.00, relating to 373 Vermont
AYES-13. NOES-0. Street; for a total of $13,040.00 and charged against Capital
Projects Fund #200-241-003-00000, with an additional cost of
NO.118 $540.00 for this project.
RENEWLEASE-COMMUNITYACTIONINFORMATIONPASSED.
CENTER AYES-13. NOES-0.
(ITEMNO.14,C.C.P.,MAR.18,1997) NO.123
That the Comptroller be, and hereby is authorized to SOLICITATIONOFFUNDS-NINETYONECHARITYGOLF
CLASSIC hereby received and filed.
(ITEMNO.64,C.C.P.,MARCH18,1997) ADOPTED
That the Commissioner of Community Development NO134
be, and hereby is authorized to grant an exemption to the FORBIDSTORAGEDEMO.WASTE-LICENSEDFAC.ONLY
Ninety One Charity Golf Classic to solicit funds in the City of (CD)
Buffalo area from April 15, 1997 through May 15, 1997, (ITEM#59CCPMARCH18,1997)
pursuant to Chapter 316, Article VI the Code of the City of That the above mentioned Item be and the same is hereby
Buffalo. received and filed.
PASSED. ADOPTED
AYES-13. NOES-0. NO.135
FORBIDSTOR.DEMO.WASTEATOTHERTHANLIC.FAC.
NO.124 (ITEM#162CCPFEBRUARY18,1997)
AGREEMENTWITHSHEA'S-MANAGEMENTOFTHEThat the above mentioned Item be and the same is hereby
WATERFRONTPERFORMINGARTSFACILITYATreceived and filed.
LASALLEPARK(ITEMNO.72,C.C.P.,MAR.18,1997) ADOPTED
That the Commissioner of Human Services, Parks and NO.136
Recreation be, and he hereby is authorized to enter into an STORAGE/DISPOSALUNCONTAINEDDEMO.WASTE(CC)
agreement with the Shea's O'Connell Preservation Guild (ITEM#56CCPMARCH4,1997)
(Shea's) for Shea's to provide scheduling and marketing That the above mentioned Item be and the same is hereby
services for the summer performing arts series at the received and filed.
Waterfront Performing Arts Facility. ADOPTED
PASSED. NO.137
AYES-13. NOES-0. NFTA-SECURITYATNFTAPKG.LOTS
(ITEM#106CCPMARCH4,1997)
NO.125 That the above mentioned Item be and the same is hereby
.LEASEWSCOMMCTR.161VERMONT received and filed.
(#96-10/29,#6,3/5,#100,6/11 ADOPTED
(ITEM#108CCPMARCH18,1997) NO.138
That the above mentioned Item be and the same is hereby ORDINANCEAMENDMENTCHAPTER309PARKSAND
received and filed. OTHEROPENSPACES
ADOPTED. (ITEMNO.204,C.C.P.,MAR.4,1997)
LEGISLATION That the Ordinance Amendment as contained in Item No. 204,
HON.ALFREDT.COPPOLA C. C. PASSED AYES- 13 NOES- 0, March 4, 1997 be and
CHAIRMAN the same hereby is approved.
NO.126 PASSED
ESSEXST.PUB AYES- 13 NOES- 0
ITEM#266CCPDECEMBER23,1997) NO.139
That the above mentioned Item be and the same is ORDINANCEAMENDMENTCHAPTER414SPECIAL
hereby received and filed. EVENTS
ADOPTED (ITEMNO.205,C.C.P.,MAR.4,1997)
NO.127 That the Ordinance Amendment as contained in Item No. 205,
NYSABC-INFO-VIOLATION530RHODEISLAND C.C.P, March 4, 1997 be and the same hereby is approved.
(ITEM#92CCPJANUARY21,1997) PASSED
That the above mentioned Item be and the same is hereby AYES- 13 NOES- 0
received and filed. NO.140
ADOPTED ORDINANCEAMENDMENTCHAPTER216GARBAGE,
NO.128 RUBBISHANDREFUSE
REQ.INCR.SECURITYINNFTAOWNEDPKG.LOTS (ITEMNO.208,C.C.P.,MAR.4,1997)
(ITEM#175CCPFEBRUARY4,1997) That the Ordinance Amendment as contained in Item No. 208,
That the above mentioned Item be and the same is hereby C.C.P, March 4, 1997 be and the same hereby is approved.
received and filed. Mr. Coppola moved that the above item be recommitted to the
ADOPTED Committee on Legislation.
NO.129 ADOPTED.
C.HAUN&O-USE141BIDWELL-OUTDOORPATIO(PW) NO.141
ITEMNO.81,CCP,JULY9,1996) ORD.AMEND.-CH.216-CH.175-GARBAGE/FEES(A&F)
That the above mentioned Item be and the same is hereby (ITEM#69CCPMARCH18,1997)
received and filed. That the above mentioned Item be and the same is
Mr. Coppola moved that the above item be recommitted to the hereby received and filed.
Committee on Legislation. ADOPTED
ADOPTED. NO.142
NO.130 ORDINANCEAMENDMENTCHAPTER175FEES
REQ.SIDEWALKCAFE-951ELMWOOD(PW) (ITEMNO.209,C.C.P.,MAR.4,1997)
(ITEM#23CCPJULY9,1997) That the Ordinance Amendment as contained in Item No. 209,
That the above mentioned Item be and the same is C. C. P.., March 4, 1997 be and the same hereby is approved.
hereby received and filed. Mr. Coppola moved that the above item be recommitted to the
Mr. Coppola moved that the above item be recommitted to the Committee on Legislation.
Committee on Legislation. ADOPTED.
ADOPTED. NO.143
NO.131 ORDINANCEAMENDMENTCHAPTER175FEES
USE951ELMWOOD(CPBD) (ITEMNO.201,C.C.P.,MAR.18,1997)
(ITEM#8CCPJULY23,1997) That the Ordinance Amendment as contained in Item No. 201,
That the above mentioned Item be and the same is C.C.P., March 18, 1997 be and the same hereby is approved.
hereby received and filed. PASSED
Mr. Coppola moved that the above item be recommitted to the AYES- 13 NOES- 0
Committee on Legislation. NO.144
ADOPTED. APPOINTMENTOFMEMBERTOTHEEXAMININGBOARD
NO.132 OFELECTRICIANS
ENVIRON.REMEDIATIONWORKPLACE(CC) (ITEMNO.2,C.C.P.,MAR.18,1997)
(ITEM#45CCPMARCH18,1997) That the appointments of Frank A. Cirrito, residing at 124
That the above mentioned Item be and the same is Niagara Falls Boulevard as a member of the Examining Board
hereby received and filed. of Electricians for a term expiring December 31, 1997, be and
ADOPTED. hereby is confirmed.
NO.133 ADOPTED.
CLOSEPARKSEARLIER(HSPR) NO.145
(ITEM#86CCPMARCH4,1997) APPOINTMENTOFMEMBERSTOTHEBUFFALOBOARD
That the above mentioned Item be and the same is OFPARKING
(ITEMNO.3,C.C.P.,MAR.18,1997) hereby received and filed.
That the appointments of Richard A. Mr. Zuchlewski moved that the above item be recommitted to
Grimm, 111, residing at 1723 Amherst Street, for a term the Committee on Community Development.
expiring March 3 1, 200 1, of Catherine T. Wettlaufer, residing ADOPTED.
at 21 Saybrook Place, for a term expiring March 31, 2000 as NO.157
members of the Buffalo Board of Parking,, be and they hereby THEATERDISTRICT-URBANDEVELOPMENTACTION
are confirmed. AREA
ADOPTED. (ITEMNO.183,C.C.P.,FEB.18,1997)
NO.146 That the above item be, and the same is recommitted.
S.RZEPKOWSKI-OPP.USEFORMERHEWITT-ROBINSADOPTED.
SITE NO.158
(ITEM#89CCPMARCH18,1997) TRANSFEROFTITLE-URBANHOMESTEADPROGRAM-
That the above mentioned Item be and the same is hereby 268HERMANSTREET
received and filed. (ITEMNO.68,C.C.P.,MAR.4,1997)
ADOPTED That the City-owned property commonly
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, known as 268 Herman Street; be designated as Homestead
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, Property, and that the Mayor be authorized to transfer said
QUINTANA, WILLIAMS, ZUCHLEWSKI - 11 property to Mr. Levorn Johnson, residing at 264 Herman Street,
NOES - GRAY, PITTS - 2 for the amount of $1.00 (One Dollar) and all costs of transfer,
NO.147 on the condition the property is cleared and improved within six
ERIECO.WATERAUTH.-OBLIGATIONTOREPAIRCITY(6) months and the property is maintained in a sanitary manner
STREETS for at least thirty-six (36) months and that the Corporation
(ITEM#85CCPMARCH18,1997) Counsel prepare the necessary documents for the transfer of
That the above mentioned Item be and the same is hereby title and that the Mayor be authorized to execute the same.
received and filed. PASSED
ADOPTED AYES- 13 NOES- 0
NO.148 NO.159
NYNEX-CLOSINGOFNYNEXOFFICES TRANSFEROFTITLE-URBANHOMESTEADPROGRAM-
(ITEM#92CCPMARCH18,1997) 97GREYSTREET
That the above mentioned Item be and the same is hereby (ITEMNO.55,C.C.P.,MAR.18,1997)
received and filed. That the City-owned property commonly
known as 97 Grey Street (city owned double home), is hereby
ADOPTED designated as Homestead Property, and that the Mayor be, and
he hereby is, authorized to execute a deed transferring said
COMMUNITYDEVELOPMENT property to Ms. Rochelle Brown, for the amount of $ 1.00 (One
HON.DALEZUCHLEWSKI Dollar), and all costs of transfer, on the condition the property is
CHAIRMAN cleared and improved within six (6) months and is maintained
NO.149 in a sanitary manner for at least thirty-six (36) months.
N.Y.S.BONDACT PASSED
(ITEMNO.154,C.C.P.,FEB.4,1997) AYES- 13 NOES- 0
That the administration be requested to include the SPECIALCOMMITTEES
Cobblestone Historic District and the former New York Central SPECIALCOMMITTEEONBUDGET
Terminal in any funding application or request in the Bond Act. HON.ROSEMARIELOTEMPIO
ADOPTED CHAIRMAN
NO.150
POTENTIALPROJ.-FUND-ENVIRON.BONDFUND(CD) NO.160
(ITEM#67CCPNOVEMBER26,1997) OVERTIMEUSAGEREPORT(COMPT)
That the above mentioned Item be and the same is hereby (ITEM#5CCPOCTOBER15,1996)
received and filed. That the above mentioned Item be and the same is hereby
ADOPTED received and filed.
NO.151 ADOPTED
PROPOSALSENVIRONMENTALBONDACT(BSA) NO.161
(ITEM#88CCPMARCH4,1997) OVERTIMESPENDINGPROJECTIONS(A&F)
That the above mentioned Item be and the same is (ITEM#84CCPNOVEMBER26,1996)
hereby received and filed. That the above mentioned Item be and the same is hereby
ADOPTED received and filed.
NO.152 ADOPTED
CLEANWATER/CLEANAIRBONDFUND NO.162
(ITEMNO.66,C.C.P.,MAR.4,1997) MONTHLYOVERTIMEREPORT
That the Commissioner of Community (ITEM#13CCPFEBRUARY18,1997)
Development be, and he hereby is authorized to certify That the above mentioned Item be and the same is hereby
applications and act on matters under the New York State received and filed.
Clean Water/Clean Air Bond Fund, Environmental Restoration ADOPTED
Projects - Title V. NO.163
ADOPTED QTRLY.FIN.DATA(COMPT)
NO.153 (ITEM#10CCPNOVEMBER26,1996)
HUDBONDSFORERIECANALPROJ. That the above mentioned Item be and the same is hereby
(ITEM#242CCPNOVEMBER26,1997) received and filed.
That the above mentioned Item be and the same is hereby ADOPTED
received and filed. NO.164
ADOPTED QTRLY.FIN.DATA(COMPT)
NO.154 (ITEM#19CCPFEBRUARY18,1997)
HUDFUNDS-ERIECANALPROJ.(CD) That the above mentioned Item be and the same is hereby
(ITEM#55CCPJANUARY21,1997) received and filed.
That the above mentioned Item be and the same is hereby ADOPTED
received and filed. NO.165
ADOPTED QTRLY.FIN.DATA-10/2/96(CD)
NO.155 (ITEM#19CCPMARCH4,1997)
JEFFERSONRENAISSANCEPROJECT That the above mentioned Item be and the same is hereby
(ITEM#199CCPDECEMBER10,1997) received and filed.
That the above mentioned Item be and the same is hereby ADOPTED
received and filed. NO.166
ADOPTED LONGEVITYFORCOUNCILEXEMPTEMPLOYEES(ITEM
NO.156 NO.247,C.C.P.,SEPT.17,1996)
BCTV-JEFFERSONRENAISSANCEPROJ. (ITEMNO.114,C.C.P.,FEB.4,1997)
(ITEM#83CCPMARCH18,1997) That the above item be, and the same
That the above mentioned Item be and the same is hereby is, returned to the Common Council without
recommendation. Be it Further Resolved:
Mrs. LoTempio made a motion to recommit That the Buffalo Water Authority file with the Common Council
the said item to the Special, Committee on Budget. the total number of employees that were hired in 1996, 1995,
ADOPTED. and 1994, including the total number of minorities that were
NO.167 hired each year; and
LONGEVITYFORCOUNCILEMPLOYEES(CC) Be it Further Resolved:
(ITEM#44CCPMARCH18,1997) That the Buffalo Water Authority file with the Common Council
That the above mentioned Item be and the same is hereby the process for hiring employees at the entry level as laborers,
received and filed. temporaries and seasonal. Additionally, it is requested that the
ADOPTED Authority file with this Honorable Body the process for
NO.168 promoting employees and the number of employees promoted
SUPPORTFORGOVERNORPATAKI'Sin 1996, 1995 and 1994 that came from the laborer, temporary
PROPOSAL/CHANGESINBINDINGARBITRATION or seasonal classes; and
(ITEMNO.166,C.C.P.,FEB.4,1997) Be it Finally Resolved:
That the Common Council of the City of That the Division of Labor Relations and the Buffalo Water
Buffalo is in support of Governor Pataki's initiative to change Authority establish a plan that provides time tables and goals to
the basis of binding arbitration and that this Common Council diversify the work force, in addition to utilizing the "New
encourages the New York State Legislatures to embrace this Affirmative Action Plan" when hiring new employees.
initiative as part of its budgetary process and free the City of REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
Buffalo from this unfunded mandate. CIVIL SERVICE COMMISSION, BUFFALO WATER
ADOPTED. AUTHORITY, THE COMMISSIONER OF ADMINISTRATION
AYES- CZAJKA, FRANCZYK, GRAY, HELFER, & FINANCE.
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, NO.174
QUINTANA, WILLIAMS, ZUCHLEWSKI -11 By: Messrs. Brown and Franczyk and Ms. Kavanaugh
NOES - BROWN, COPPOLA - 2 FAIRNESSINSTATECLEANAIR/CLEANWATERBOND
NO.169 ACTAPPROPRIATIONS
SUPPORTCHG.INBINDINGARBITRATION(A&F) Whereas: On March 20, 1993 this Council released a
(ITEM#62CCPFEBRUARY18,1997) report on expenditures from the $1.45 billion Environmental
That the above mentioned Item be and the same is hereby Quality Bond Act entitled "Is the Buffalo Area Being
received and filed. Shortchanged on Hazardous Waste Cleanups?"; and
ADOPTED Whereas: This report documented that the state had spent
NO.170 an average of $271,103 per dump site while Buffalo's sites had
AFSCMELOC.264-SUPPORTCHG.INBINDINGaveraged $130,180 - less than half the statewide average; and
ARBITRATION Whereas: While the NYSDEC countered with the
(ITEM#77CCPFEBRUARY18,1997) argument that they had been far more effective getting the
That the above mentioned Item be and the same is hereby liable private parties to pay for cleanups in Western New York
received and filed. and thus had less need to spend bond act money here, local
ADOPTED citizens and elected officials remained concerned about the
NO.171 distribution of statewide environmental funding; and
PRIV.SNOWREMOVALCONTRACTORS(CC) Whereas: In 1996, Governor Pataki enlisted elected
(ITEM#42CCPMARCH18,1997) officials regardless of party affiliation to support and help sell
That the above mentioned Item be and the same is hereby the $1.75 billion Clean Air/Clean Water Bond Act to the voters
received and filed. of New York State; and
ADOPTED Whereas: Despite early concerns about a fair
NO.172 apportionment of bond act proceeds, this city actively
ANNUALFIN.RPT.END.6/30/96(COMPT) supported the Bond Act through adoption of resolution 183
(ITEM#12CCPMARCH18,1997) C.C.P. October 18, 1996 "Environmental Bond Act" and
That the above mentioned Item be and the same is hereby through the efforts of the Mayor and individual
received and filed. Councilmembers who stood with the Governor and with
ADOPTED Comptroller McCall when they came to town on this issue on
RESOLUTIONS separate occasions; and
NO.173 Whereas: The Bond Act passed in New York City, and the
BY:MR.BROWN role of New York's largest city has been acknowledged in that
MINORITYHIRINGATBUFFALOWATERover $500 million in projects were written into the Bond Act for
AUTHORITY the New York metropolitan area, including $75 million for the
Whereas: In 1996 the Buffalo Common Council and the closure of the Fresh Kills landfill; and
Mayor approved the "New Affirmative Action Plan," an initiative Whereas: Although most upstate communities did not
to provide fair and equitable hiring and promotional support it, the Bond Act also passed with strong support in
opportunities for current and future employees; and Buffalo, New York's second largest city, because voters here
Whereas: One of the guiding principles and primary were convinced that the city could make good use of Bond Act
objectives of the "New Affirmative Action Plan" was to establish proceeds; and
a work force that reflects the diversity of the City of Buffalo; and Whereas: While Buffalo wasn't pre-designated for any of
Whereas: In recent months many citizens, taxpayers, and, the Bond Act funds it is not unreasonable to ask that this city
as well, several employees of the Buffalo Water Authority have get a fair share of the funds as they become available with
expressed concerns related to disparities in the hiring of $150 million being a reasonable amount to use as a baseline
African-Americans, Latinos, and other minorities and believe figure; and
that corrective measures should be taken to address this Whereas: Environmental justice is an important
problem; and consideration as national study after study has shown that
Whereas: There are many concerns related to the minority and poor communities are overburdened with
privatization of the Buffalo Water Authority and, among them, hazardous waste and pollution, a fact that is borne out in
how this will impact on the recruitment, hiring and promotion of Buffalo, a poor, increasingly minority city that is part of a DEC
minorities; and region that has more than 25% of all hazardous waste sites
Whereas: Regardless if the Buffalo Water Authority statewide;
remains a public operation or becomes a private entity there Now, Therefore, Be It Resolved That:
must be adequate utilization of the "New Affirmative Action This Common Council requests Governor Pataki to recognize
Plan," which was approved to establish a work force that the ongoing concern that Buffalo receive Clean Air/Clean
reflects the diverse constituencies of the City of Buffalo; Water Bond Act proceeds commensurate with both the
Now, Therefore, Be It Resolved: profound need of the city for environmental remediation and the
That the Buffalo Water Authority file with the Common Council support that citizens here showed for the Bond Act; and
their total number of current employees, and their current total Be It Further Resolved That:
number and the percentage of minority employees by This Council requests the Governor to assure that Buffalo
categories of race and gender; and receives no less than $150 million from the Bond Act by the
Be it Further Resolved: year 2000; and
That the Buffalo Water Authority file with the Common Council Be It Finally Resolved That:
their current total number of seasonal employees and their total This Council directs the City Clerk to send certified copies of
number and percentage of seasonal minority employees by this resolution to Governor Pataki, to Comptroller McCall, to the
categories of race and gender; and Commissioner of the Department of Environmental
Conservation, to the Commissioner of the NYS Office of Parks, ordain as follows:
Recreation and Historic Preservation, and to the Western New That part of Subdivision (A) of Section 35-9 of
York State Legislature delegation. Chapter 35 of the Ordinance of the City of Buffalo, relating to
REFERRED TO THE COMMITTEE COMMUNITY Salary and Wage Schedule "A", Local 650, AFSCME, AFL-
DEVELOPMENT CIO, is hereby amended to read as follows:
NO.175 See attached Schedule “A”
By: Messrs. B. W. Brown, J. W. Pitts “That this ordinance shall take effect retroactive July
COMPLETENECESSARYREPAIRSTOMARTINLUTHER1, 1996.
KINGPARKBYMAY30,1997. Salary Steps 1,3 and 5 only, are applicable to
Whereas: The 22nd Annual Juneteenth Festival is employees hired prior to July 1, 1983
scheduled to be held on Saturday and Sunday, June 14-15, APPROVED AS TO FORM
1997 in Martin Luther King Park; and Michael Risman
Whereas: This festival is a cultural treasure to the City of Corporation Counsel
Buffalo that is shared by local, regional, national and PASSED.
international visitors every year; and AYES - 13 NOES - 0
Whereas: Thousands of people from across the country NO.178
and throughout the world come to Buffalo to participate in the By:Mr. Czajka, Mr. Franczyk
annual Juneteenth festival; and SENIORITYRIGHTSFORBURAEMPLOYEES.
Whereas: In order to reflect the natural beauty of the park Whereas: Mr. Ronald Sokolowski of 71 Ashley Street in
and to avoid unnecessary injuries and/or accidents, very the city of Buffalo was hire for the position of Building Inspector
necessary repairs are needed in the park; and in September of 1995; and
Whereas: Needed repairs include: filling potholes; curb Whereas: Mr. Sokolowski was previously employed by
and sidewalk repairs; trimming and removal of dead trees; BURA as a Supervisor of Building Construction from the period
planting of grass and filling in ruts; repairing or replacing of May of 1985 to September of 1995; and
broken benches; and any other necessary work that will Whereas: His length of service as a BURA employee
enhance the beauty and safety of Martin Luther King Park. carried over as he was granted all benefits commensurate with
Now, Therefore, Be It Resolved That: his years of service for BURA except for seniority; and
This Common Council hereby requests that the Commissioner Whereas: Mr. Sokolowski's seniority in the Building
of Human Services, Parks and Recreation review the above Inspections Department started in September of 1995 not May
stated necessary repairs and file with this Council a report of 1985 when he was hired by BURA.
indicating his intention to complete the necessary repairs to the Now, Therefore, Be It Resolved:
park in anticipation of the upcoming festival. That the Director of the Civil Service Department report to this
REFERRED TO THE COMMITTEE ON LEGISLATION AND Honorable Body on the city's policy regarding seniority rights
THE COMMISSIONER OF HUMAN SERVICES, PARKS & for BURA employees that move into other city positions.
RECREATION. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO176 NO.179
By Mr. Czajka By Mr. Franczyk
SALARYORDINANCEAMENDMENT SETPUBLICHEARINGLDA
VARIOUSDEPARTMENTS FEDERALHOMELOANBANK'96NEWHOUSING
PROGRAM
The Common Council of the City of Buffalo does SCHUTRUMANDWICKSTREETS
ordain as follows: GAL-VANDEVELOPERS,INC.
That part of Section I of Chapter 35 of the Ordinances of WHEREAS, Gal-Van Developers, Inc. (hereinafter referred to
the City of Buffalo, relating to Various Departments under the as the "Redeveloper") has been duly designated as qualified
various subheadings relating to positions listed below is hereby and eligible Redeveloper in accordance with the rules,
amended as follows: regulations and/or procedures prescribed by the City of Buffalo
This ordinance shall be effective retroactive to July Urban Renewal Agency (hereinafter referred to a the
1, 1996. "Agency"); and
It is hereby certified, pursuant to Section 34 of the WHEREAS, the Agency and the Redeveloper have negotiated
Charter, that the immediate passage of the foregoing ordinance a Land Disposition Agreement for the disposition of a twenty-
is necessary. six (26) new residential housing building lots in the proposed
Ordinance is landscape form, unable to scan,copy project area known as the Federal Home Loan Bank'96 New
can be seen in City Clerk’s Office.- Housing Program, located on Schutrum and Wick Streets,
We, Charles L. Michaux, City Clerk, Anthony M. within the Community Wide Urban Renewal Demonstration
Masiello, Mayor, Joel A. Giambra, Comptroller, Eva M. Hassett, Program Area; and
Commissioner of Administration and Finance, Michael B. WHEREAS, said Land Disposition Agreement has been
Risman, Acting Corporation Counsel, Joseph Sole, forwarded by the Agency to this Common Council for the
Commissioner of Assessment, Alberto J. DelValle, appropriate action, pursuant to Section 507,
Commissioner of General Services, R. Gil Kerlikowski, Subdivision 2 (d) of New York State General Municipal Law-
Commissioner of Police, Cornelius J. Keane, Commissioner of and
Fire, Joseph N. Giambra, Commissioner of Public Works, WHEREAS, Article 15 A of New York State General Municipal
Thomas A. Gallagher, Director of Parking, Daniel T. Durawa, Law; requires that the disposition of municipally owned land
Commissioner of Human Services, Parks & Recreation, within an Urban Renewal Project Area shall be approved only
Vincent J. LoVallo, Commissioner of Street Sanitation, Alan H. upon the completion of a public hearing, held on due notice.
DeLisle, Commissioner of Community Development, James W. NOW, THEREFORE, BE IT RESOLVED:
Pitts, President of the Common Council, and James B. Milroy, 1. That the Clerk of the City of Buffalo is hereby directed to
Director of Budget, recommend that the compensation for said publish the notice attached hereto, identified as "Notice of
positions be raised and fixed at the respective amounts set Public Hearing" in the Buffalo News, no later then Friday, April
forth in the foregoing ordinance. 4, 1997.
We, Anthony M. Masiello, Mayor and Joel A. 2. That this Common Council shall conduct a Public Hearing
Giambra, Comptroller, pursuant to Section 454 of the Charter on the matter set forth in the said "Notice of Public Hearing"; at
of the City of Buffalo, hereby certify that the interests of the City 2:00 o'clock p.m. in the Council Chambers on Tuesday, April
will be subserved by the increase in compensation provided for 15, 1997.
the positions set forth in the foregoing ordinance. ADOPTED
APPROVED AS TO FORM NO.180
By: Mr. Franczyk
Michael Risman
Corporation Counsel
INCREASEDAPPROPRIATION
PASSED
RESERVEFORCAPITALAPPROPRIATIONS
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
DIVISIONOFTREASURY
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
That, Pursuant to Section 41 of the Charter and the
WILLIAMS, ZUCHLEWSKI - 12
Comptroller submitted to the Common Council, the current
NOES - QUINTANA - 1
fiscal year for Appropriation Allotments - T and the same
NO.177
hereby is increased in the sum of $5,218.
By: Mr. Czajka
That, the comptroller be and hereby is authorized a $5,218
SALARYANDWAGESCHEDULE"A" from 100-890-050 - Reserve for Capital appropriation as set
1996-1997 forth below:
The Common Council of the City of Buffalo does To:
100 General Fund width of a waterfront access element, the City Planning Board
60 - Department of Administration and Finance 5 - Division of will follow the guidelines of these plans; and 2) where no plan
Treasury or design guidelines exist, the City Planning Board shall
085 - Exempt Items examine on a case by case basis, the best means for providing
930 - Highway and Highway Improvement $5,218 access to the City shoreline, balancing ecological and public
REFERRED TO THE COMMITTEE ON FINANCE. access needs with economic development issues. In cases
NO.181 involving water dependent uses, the City Planning Board shall
By: Mr. Franczyk determine the best means for providing access across the City
INCREASEDAPPROPRIATION shoreline or easement to the water.
DEPARTMENTOFPOLICE-EXEMPTITEMSANDPASSED
ENGINEERINGAND AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
TECHNICALSERVICES KAVANAUGH, LOCKWOOD,PITTS, QUINTANA WILLIAMS,
That, Pursuant to Section 41 of the Charter and the Certificate ZUCHLEWSKI - 11
of the Mayor and the Comptroller submitted to the Common NOES - HELFER, LOTEMPIO - 2
Council, the appropriation in the budget for the current fiscal NO.183-
year for Appropriation Allotments - Department of Police - By: Mrs. LoTempio
Exempt Items Building Construction and Improvements and FREEUSEOFNORTHAMERICAREPARKFOR
Administration and Communications Engineering and "DRUMSALONGTHEWATERFRONT"EVENT
Technical Services be and the same hereby are increased in Whereas: On July 9,1997 an event titled "Drums Along the
the sums of $100,000 and $12,000 respectively. Waterfront" will take place at North Americare Park; and
That, the comptroller be and hereby is authorized and directed Whereas: A local promoter, Mr. Jack Gaylord of Collins,
to increase the revenue estimate of account: New York, has requested waiver of rental fees for use of the
100 - General Fund stadium; and
200 - Department of Police General City Revenue 402 - City Whereas: Mr. Gaylord has a contractual agreement with
Revenues Drums Corps International, Inc., a company incorporated under
62032-Deposit of Unclaimed Property $112,000 the laws of the State of Wisconsin; and
To meet the increased appropriation as set forth below: Whereas: DCI is a non-for-profit Federal Tax exempt
100 General Fund organization under I.R.S. Cod 501(c)(3), engaged in providing
20 - Department of Police various services to drum and bugle corps internationally; and
1 - Police Administration Whereas: DCI has committed to furnish several drum and
085 - Exempt Items bugle corps, from across the United States and Canada, to
910 - Building Construction and Improvements perform at the event, including corps
$100,000 from: Coming, NY- Erie, PA; Cary,NC; Rochester,NY-
and Roswell,GA; Sherbrooke,Que, Canada;
100 General Fund Kitchemer,Ont,Canada; Canton,OH; Newark, DE; and
20 - Department of Police Bergenfield,NJ; and
1 - Police Administration Whereas: It is estimated well-over 4,000 competitors,
021 - Administration and Communication family, friends, and fans will b attending the one day event;
573 - Engineering and Technical Services Whereas: In addition to the actual event, the promoter, in $12,000
REFERRED TO THE COMMITTEE ON FINANCE conjunction with the Boar of Education, will provide a free, two
NO.182 hour instructional clinic for inner city youth prior to the
Ms. Kavanaugh competition and also provide free admission for those children
CITY-OWNEDWATERFRONTPROPERTY that attend the clinic; and
Whereas: Establishing a system of public access to the Whereas: The promoter is planning to hold the event on an
City's waterfront is an important element of the City's future annual basis at North Americare Park; and
success and will serve to increase the value of waterfront Whereas: This event will have a positive economic impact
property; and on the City of Buffalo, specifically downtown, as a large
Whereas: Various plans for City redevelopment include percentage of the competitors and their supporters will be
provisions for development of a continuous City Greenway spending the evening in the city; and
system. Each redevelopment plan proposes a mix of setbacks, Whereas: The promoter, Mr. Gaylord, will pay the
easements, and other public acquisition of land to complete a incremental costs associated with conducting the event; and
continuous Greenway system; and Whereas: Both parties will enter the standard contractual
Whereas: The purpose of these policy measures are to agreement concerning the rental of North Americare Park- and
protect public access to the waterfront, to improve water quality Whereas: Previously with such a request, a
and to support Greenway planning for the City, and recommendation from the Board of the Stadium and Auditorium
Whereas: Recent Supreme Court decisions have would be issued to the Common Council,
established that public access to the waterfront across private however the Board is currently not meeting on a regular basis;
property enforced through zoning or other land use regulatory Now Therefore Be It Resolved That:
devices is an illegal taking of private property. However, these This Honorable Body authorizes the rental fee waiver for use of
same decisions have made clear that where a municipality North Americare Park by Mr. Jack Gaylord and the Drums
wishes to maintain public access to the waterfront, a Corps International, INC. for the "Drums Along the Waterfront"
municipality can acquire, retain, or establish an ownership event to be held on July 9 1997.
interest in property to maintain public access to a waterfront. PASSEDAYES13NOES0
- -
Therefore, where the City owns property adjacent to the
NO.184
waterfront, it can legally retain ownership, or an easement for
By: Mr. Pitts
public access after a sale of the property is made to private
RE-ESTABLISHNYSCABLETVCOMMISSION
interests;
Whereas: In 1995 the New York State Legislature and
Now, Therefore, Be It Resolved:
Governor George Pataki transferred the state's regulatory
That the City of Buffalo recognizes that City-owned waterfront
authority over cable television from the New York State
land is a scarce resource along our waterways and that
Commission on Cable Television to the New York Public
maintaining City-owned land is essential for future waterfront
Service Commission and the Department of Public Service;
Greenway and public access development; and
and
Be It Further Resolved:
Whereas: This change was based on the determination
That as a condition of sale for any City-owned waterfront land,
that the state's cable TV industry is now part of an increasingly
the City shall hold title to or retain an exclusive easement along
integrated communications industry which plays a critical role
the full length of the parcel's waterfront edge for public use and
in the state's economic growth and general welfare, and that
enjoyment. The desired width of the easement retained for
the state and local roles regarding cable operations have been
public use will be from a minimum of 25 feet to a maximum of
altered by new federal rules and regulations; and
100 feet, measured from the mean water line along the full
Whereas: It was promised that this new regulatory
length of the parcel's waterfront edge; and
framework would allow New York State to more effectively
Be It Finally Resolved:
respond to the challenges brought about by the
That the City Planning Board shall review any transaction
Telecommunications Act of 1996; and
involving the disposition of City-owned land to determine the
Whereas: Instead, the unique and singular concerns
width, use and design of the easement retained by the City for
regarding cable have not received the same type of
public use. The City Planning Board, in determining the final
consideration as they received when the Cable Commission
width, permitted uses and design of this easement shall 1)
was in existence; and
where an officially adopted plan has specified the design and
Whereas: It appears now that cable TV has been largely
ignored by the PSC in favor of the utilities it has traditionally applicability of the Downtown Entertainment District Urban
regulated, particularly electric and gas; and Renewal Plan (Phase I, II, and III) to the Theatre District Urban
Whereas: In dealing with cable issues of great local Development Action Area, and the selection of 70 West
concern, such as TCI of New York's closing of its Chippewa Corporation's Market Arcade/Root Building proposal
telemarketing center, the PSC has not demonstrated the same as an eligible Theatre District Urban Development Action Area
kind of concern and commitment as the former Cable project and the 70 West Chippewa Corporation as a qualified
Commission; and and eligible sponsor; and
Whereas: Other important issues, such as cable service Whereas, the City Planning Board, after conducting a public
rates and promoting competition among providers, do not hearing at its regular meeting of March 25, 1997 voted its
appear to be a priority of the PSC; and unqualified approval for the creation of the Theatre District
Whereas: New York State should place the authority for Urban Development Action Area;
regulating cable TV in the hands of an agency that has a Now, Therefore, Be It Resolved:
thorough knowledge and understanding of cable, and that has 1. that the Clerk of the City of Buffalo is hereby directed to
a firm commitment to protecting the interests of the state's publish the notice attached hereto, identified as "Notice of
municipalities and consumers; Public Hearing" in The Buffalo News, no later than Friday, April
Now, Therefore Be It Resolved: 4, 1997;
That this Common Council memorialize New York State to re-2. that this Common Council shall conduct a public hearing
establish the Cable Television Commission as it existed prior to on the matter set forth in the said "Notice of Public Hearing" at
January 1, 1996; and 2:00 p.m. in the Council Chambers on Tuesday, April 29, 1997.
Be It Further Resolved: ADOPTED
That the City Clerk forward certified copies of this resolution to NO.188
the Secretary of the Senate, the Clerk of the Assembly, the By: Mr. Pitts and Ms. Gray
Western New York Delegation to the state legislature, and the HOMERULEMESSAGE-S.1387-A;A.2130-A,"ANACT
Governor of New York State. TOAMENDTHEVEHICLEANDTRAFFICLAW,IN
ADOPTED. RELATIONTOPARTITIONSANDSHIELDSINTAXICABS"
NO.185 Whereas: There has been introduced in the New York
By: Mr. Pitts State Legislature Senate Bill # S. 1387-A and Assembly Bill #
ATTENDANCEOFMAYOR'SLOBBYISTATCOUNCILA. 2130-A, "An act to amend the vehicle and traffic law, in
MEETING relation to partitions and shields in taxicabs"; and
Whereas: Mayor Masiello has hired Victor Farley as a Whereas: This act would amend Chapter 550 of the Laws
lobbyist to lobby the New York State Legislature in regard to the of 1996, which required the use of bullet proof partitions and
teacher contract case, Buffalo Board of Education v. Buffalo distress lights in taxicabs in cities, towns and villages of
Teacher's Federation; and seventy-five thousand persons or more; and
Whereas: Various reports in the media have estimated the Whereas: The proposed amendment to Subdivision 50 of
cost of implementing the 1990 contract pursuant to the Court of section 375 of the Vehicle and Traffic Law would provide that
Appeals decision at anywhere fro $35 Million to $200 Million; the requirements of the 1996 legislation, which went into effect
and on February 4, 1997, shall not apply to taxicabs registered or
Whereas: The Acting Corporation Counsel has opined that licensed by such city, town or village which elects not to be
the City of Buffalo is no liable for any portion of that cost subjected to the requirements of this subdivision pursuant to a
because it was not a party to the lawsuit and is a separate legal local law ordinance or regulation; and
entity from the Board of Education; Whereas: It further provides that nothing contained in this
Now, Therefore, Be It Resolved: section shall be construed to restrict the power of a city, town
That the Mayor file with the Common Council a description of or village which elects not to be subject to the
the terms of the contract with Mr. Farley, including the amount requirements of this subdivision to adopt or enforce a local law,
he will be paid and the length of time he will be lobbying for the ordinance or regulation regarding the use of taxicab partitions
City; and and distress lights; and
Be It Further Resolved: Whereas: Generally speaking, regulations governing the
That this Common Council shall hold a special meeting at a taxicab industry have been the responsibility of local
mutually agreeable time to question Mr. Farley regarding government, and the imposition of these state regulations,
various issues including the nature and extent of his lobbying which are designed to insure driver/passenger safety by
contract with the City of Buffalo, the substance of his efforts in separating the operator and passenger(s), poses a conflict with
Albany on behalf of the City and any possible settlement certain local regulations. As an example, City of Buffalo
solutions to the teacher contract case. requirements stipulate that up to 5 passengers be transported
ADOPTED at a single meter rate, necessitating that the front seat be used
NO.186 by a passenger and contradicting the separation mandate in
By: Mr. Pitts the state regulations; and
Whereas: Additional concerns related to this state
ATTENDANCEOFMAYOR'SATTORNEYATCOUNCIL
regulation are the imposition of costs to local operators to
MEETING
modify taxicabs to allow for provision of heat and air
Whereas: Mayor Masiello has hired a labor attorney, Terry
conditioning to rear seat passengers if a partition must
O'Neil, to advise him on the issues involved in the teacher's
separate the front and rear compartments;
contract case, Buffalo Board of Education v. Buffalo Teacher's
Now, Therefore, Be It Resolved:
Federation; and
That the Common Council of the City of Buffalo hereby
Whereas: Various reports in the media have estimated the
requests the enactment into law of Senate Bill # S. 1387-A and
cost of implementing the 1990 contract pursuant to the Court of
Assembly Bill # A. 2130-A, "An act to amend the vehicle and
Appeals decision at anywhere from $35 Million to $200 Million;
traffic law, in relation to partitions and shields in taxicabs"; and
and
Be It Further Resolved:
Whereas: The Acting Corporation Counsel has opined that
That the City Clerk is hereby authorized and directed to certify
the City of Buffalo is not liable for any portion of that cost
passage of this resolution and to send copies thereof to the
because it was not a party to the lawsuit and is a separate legal
Home Rule Counsel of the Senate and the Assembly and to the
entity from the Board of Education;
members of the Western New York Delegation of the State
Now, Therefore, Be It Resolved:
Legislature.
That this Common Council shall hold a special meeting to at a
ADOPTED
mutually agreeable time to question Mr. O'Neil and the Acting
NO.189
Corporation Counsel on the issues involved in the teacher
By: Messrs. Pitts and Helfer
contract case.
CLOSINGDOWNTOWNPARKINGRAMPSONWEEKENDS
ADOPTED
Whereas: Buffalo Civic Auto Ramps Inc. (BCAR) has had
NO.187
an established policy of a owing free parking in downtown
By: Mr. Pitts
ramps on weekends; and
SETPUBLICHEARING,THEATREDISTRICTURBAN
Whereas: BCAR recently announced a policy change that
DEVELOPMENTACTIONAREA
would close two downtown parking ramps on Saturdays and
Whereas, the Common Council by Resolution No. 183, C.C.P.,
Sundays, and cut weekend hours at two others; and
February 18, 1997 made the Theatre District
Whereas: The BCAR board approved closing the Mohawk
Urban Development Action Area applicable in the City of
Ramp at Mohawk and Washington Sts. and the Robert D.
Buffalo; and
Fernbach Ramp at Pearl and Niagara Sts. on weekends, and
Whereas, at its regular meeting of March 13, 1997 the Buffalo
approved closing the Main Place Mall Ramp and the Robert B.
Urban Renewal Agency adopted the proposal to create the
Adam Ramp on Washington St. on Sundays; and
Theatre District Urban Development Action Area, the
Whereas: The Charles R. Turner Ramp near City Hall will By Mr. Zuchlewski
remain open on weekends, but will not be staffed; and FELICITATIONS/INMEMORIAM
Whereas: BCAR representatives said that the policy Attached hereto are Felicitation and In Memoriam Resolutions
change was prompted by an increase in vehicle break-ins at sponsored by Members of the Common Council as indicated:
those ramps, and a reluctance by the agency to hire additional Felicitation for Donald Smith
security; and By Councilmember Lockwood
Whereas: The open parking ramp policy not only Felicitation for Jack & Jill, Inc.
encouraged people to come downtown to patronize businesses By Councilmember Pitts
and attend special events, but it was a tremendous Felicitation for United Negro College Fund
convenience for downtown workers who have irregular hours; By Councilmember Brown
and Felicitation for Sheba Schohn
Whereas: Ironically, there has been much dialogue in By Councilmember Lockwood
recent months about the critical need to provide cheap, safe Felicitation for Queen Esther Househould of Ruth
and accessible parking in downtown Buffalo in order to By Councilmember Pitts
compete with suburban locations; and In Memoriam for Dr. Oliver Dabney
Whereas: Not only is BCAR's policy change troubling, but By Councilmember Brown
the fact that it was implemented so quickly with virtually no In Memoriam for Peter Zanghi
public discussion about its ramifications is particularly By Councilmember Helfer
disturbing; ADOPTED.
Now, Therefore Be It Resolved: NO.192
That this Common Council expresses its opposition to the new By: Mr. Zuchlewski
weekend parking policy recently adopted by Buffalo Civic Auto APPOINTMENTSCOMMISSIONEROFDEEDS
Ramps, Inc., and asks that it reconsider its position; and REQUIRED-PERFORMANCEOFPUBLICDUTIES
Be It Further Resolved: That the following persons are hereby appointed as
That this Council schedule a public hearing to hear public Commissioner of Deeds for the term ending December
comment on this issue; and 31,1998 , conditional upon the person so appointed certifying,
Be It Finally Resolved: under oath, to their qualifications and filing same with the City
That the City Clerk forward certified copies of this resolution to Clerk:
Buffalo Civic Auto Ramps, Inc., Buffalo Place, Inc., and Thomas V. Aurelio
Women for Downtown. Irene M. Bojarski
REFERRED TO THE COMMITTEE ON LEGISLATION, Thomas R. Christy
BOARD OF PARKING, BUFFALO CIVIC TO RAMPS, Lisa L. Darowz
BUFFALO PLACE, INC. AND WOMEN FOR DOWNTOWN. Albert DeBenedetti
NO.190 Nidia 0. Diaz
By: Mr. Quintana Kimberley M. Dossinger
MEMORIALIZEFEDERALGOVERNMENT-SUPPORT Patricia Dunne
MICROCREDITPROGRAM Charles E. Eaton
Whereas: The Microcredit Program, founded by Patrick M. Foster'
Muhammad Yunus, is based on the principle of making small Robert M. Graber
loans to the very poor, enabling the impoverished to start their Brian M.Higgins
own small enterprises or business ventures. This leads to Karen D. Hill
improved self esteem and the ability to eventually cross over Sandra B. Jackson
the poverty line and become self sufficient; Patricia A. Jaworowicz
and Tod A. Kniazuk
Whereas: Under the program, the borrowers - Laurie. Manzella
predominantly women, who tend to be poorer and have fewer Kevin P. Montgomery
opportunities than men - meet each week to make loan Gregory B. Olma
payments and to critique one another's business plans; and Laura L. Perfetto
Whereas: The Grameen Bank, which first backed Connie A. Petix
Microcredit, makes a profit and claims a higher repayment rate Kevin C. Quick
than traditional banks; moreover, one-third of its two million Jeremey C. Rosen
borrowers have crossed the poverty line and another one-third Jacqueline E. Rushton
are very near to doing so; and Thomas J. Santa Lucia
Whereas: Microcredit now operates in 43 countries, with Charles M. Swanick
versions serving approximately 150,000 Americans operational Karla L. Thomas
in certain inner cities such as Chicago and Washington, D.C. ; Leslie Wainwright
and Freda Zecher-Tropp
Whereas: President Clinton, in acknowledging the success Patricia A. Ziolkowski
of Microcredit, has stated that he will ask Congress for one Suzanne Zuchlewski
billion dollars in additional funding over the next five years to Victoria Leone
further develop microenterprise in the United States; and Andrew P. Janson
Whereas: The Microcredit programs, most successful Patricia H. Finstad
when enhanced by technical and marketing assistance ADOPTED.
programs requiring outside funding, are an outstanding tool NO.193
and resource to assist the impoverished and to create jobs and By: Mr. Zuchlewski
develop independence; APPOINTMENTS
Now, Therefore, Be It Resolved: COMMISSIONEROFDEEDS
That the Common Council of the City of Buffalo does hereby That the following persons are hereby appointed as
memorialize the United States Congress to pass, and Commissioner of Deeds for the term ending December
President Clinton to sign into law, legislation providing one 31,1998 conditional upon the person so appointed certifying
billion dollars in additional funding for the development of under oath to their qualifications and filing same with the City
Microcredit programs; and Clerk:
Be it Further Resolved: 0. Randi Washington
That this Council requests that Congress and President Michelle D. Rodriguez
Clinton give every consideration to providing Microcredit funds Nicholas M. Bilotta,Sr.
to the City of Buffalo and to Western New York so that a Stanley J. Nowak
program may be initiated to provide opportunities for Erma J. Brown
impoverished people in this area; and Anthony Pezzino
Be it Finally Resolved: ADOPTED.
That the City Clerk certify passage of this resolution and UNFINISHED BUSINESS
forward copies to President Bill Clinton, U.S. Senators Daniel NO.194
Patrick Moynihan and Alphonse D'Amato, Members of BONDRES.-$460,000-POLICEPCT.LANDACQUISITION..
Congress Jack Quinn, John LaFalce, and Bill Paxon, and to (COM.191,C.C.P.,MARCH18,1997)
the Secretary of the Senate and the Clerk of the House of Mrs. LoTempio moved that the above item be taken from the
Representatives. table.
ADOPTED. Seconded by Mr. Franczyk
NO.191 CARRIED
Mrs. LoTempio now moved that the above item be approved. The following annuitant was canceled from the Fire Pension
Seconded by Mr. Franczyk Payroll:
PASSED Irving E. Woods Died January 16,1997
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, Received and Filed.
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,. PITTS, NO.4
WILLIAMS, ZUCHLEWSKI - 12 Mr. Masiello, made a motion to accept the Treasury Statement
NOES - QUINTANA- 1 of Disbursements for the
195 Fire Pension Fund from the City Treasurer for the quarter
BONDRES.-$500,000-SCH.62-COMMUNITYCTR.. ended December 31, 1996.
(COM.192,C.C.P.,MARCH18,1997) Received and Filed.
Mrs. LoTempio moved that the above item be taken from the NO.5
table. Seconded by Mr. Franczyk I transmit herewith the Pension Payroll for the Police Pension
CARRIED Fund for the month of March 1997 amounting to $28,242.00,
Mrs. LoTempio now moved that the above item be approved. and respectfully request that checks be drawn to the order of
Seconded by Mr. Franczyk the, persons named herein for the amounts stated.
PASSED Adopted.
AYES- 13 NOES- 0 Ayes-2. Noes-O.
NO.196 NO.6
BONDRES.-$2,040,000-CONSTR.NEWPOLICEPCT. Mr. Pitts made a motion to accept the Treasury Statement of
(COM.193,C.C.P.,MARCH18,1997) Disbursements for the
Mrs. LoTempio moved that the above item be taken from the Police Pension Fund from the City Treasurer for the quarter
table. Seconded by Mr. Franczyk ended December 31, 1996.
CARRIED Received and Filed.
Mrs. LoTempio now moved that the above item be approved. NO.7
Seconded by Mr. Franczyk Mr. Pitts made a motion to remove the tabled item-Pension
PASSED increases Mr. Arthur Sullivan-from the table and the item is
AYES- 13 NOES- 0 before the Board.
NO.197 Mr. Sullivan addressed the Mayor and the Council President
BONDRES.-$3,000,000-SHEA'STHEATERSTAGEand asked that they consider the pension increases for the
EXPANSION members. Carol Nowak will provide the Mayor with figures and
(COM.194,C.C.P.,MARCH18,1997) amounts. The Mayor will send this information to the Budget
Mrs. LoTempio moved that the above item be taken from the office for consideration at the next Mayor's Budget. Mr. Pitts
table. Seconded by Mr. Franczyk asked that this item remain on the table until the next meeting
CARRIED Laid on the Table.
Mrs. LoTempio now moved that the above item be approved. NO.8
Seconded by Mr. Franczyk On motion by Mr.Pitts the City of Buffalo Police and Fire
PASSED Pension Board Meeting adjourned at 11:15 a.m.
AYES- 13 NOES- 0 By: Messrs. Brown and Franczyk and Ms. Kavanaugh
NO.198
ANNOUNCEMENTOFCOMMITTEEMEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Civil Service Tuesday, April 8, 1997 9:30 AM
Finance Tuesday, April 8,1997-following Civil Serv.
Legislation Tuesday, April 8, 1997 2:00 PM
Comm. Dev. Wed, April 9, 1997 10:00 AM
Education Wed., April 9, 1997 2:00 PM-Room 1417
Ancillary Meetings
Budget Wed., April 9, 1997 at 1:00 PM, Chambers
Marina T.F. Wed., April 9, 1997 at 2:00 PM Council
President’s Conference room-13th floor
NO.199
ADJOURNMENT
On motion by Mrs. LoTempio; seconded by Kavanaugh the
Council adjourned at 4:23 p.m.
Charles Michaux, III,
City Clerk
BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS
#3
MAYOR'SOFFICE-201CITYHALL
MARCH27,1997
PRESENT: JAMESW.PITTS,COUNCIL
PRESIDENT;ANTHONYM.MASIELLO,MAYOR-2
ABSENT-JOELA.GIAMBRA,COMPTROLLER-1
The Journal of the last meeting was approved.
NO.1
transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of March 1997 amounting to $28,036.38, and
respectfully request that checks be drawn to the order of the
persons named herein for the amounts stated.
Adopted
Ayes-2. noes-0.
NO.2
Mr. Pitts made a motion to approve a pension application in the,
amount of $685.00 for
Mrs. Marie Woods, effective January 17, 1997, on account of
the death of her husband,
Mr. Irving E. Woods,, a. member of the Fire Pension Fund,
who passed away on January
16,1997
Adopted
Ayes-2. Noes-0.
NO.3