HomeMy WebLinkAbout97-0930
No. #18
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
SEPTEMBER 30, 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,SEPTEMBER30,1997 NO.4
AT2:00P.M. UTILITYEASEMENT
NIAGARAMOHAWKPOWERCORP.
PRESENT - James W. Pitts President of the Council, 769,781,783&785BEST
and and Council Members Brown, Coppola, Czajka, The Office of the Comptroller, Division of Real Estate,
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, has received the attached proposed permanent easement
LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. agreement from Niagara Mohawk in reference to the above
captioned properties.
ABSENT - None. Niagara Mohawk is requesting to obtain an easement
for a five foot wide piece of property in the rear of 769 - 785
On a motion by Mrs. LoTempio, seconded by Mr. Best Street (as shown Exhibit A, dated April 8, 1997).
Czajka, the minutes of the stated meeting held on This item should be referred to the Corporation
Sepember 16, 1997 were approved. Counsel Office and the Department of Pubic Works for a
response.
FROMTHEMAYOR I am recommending that Your Honorable Body approve
FROMTHEMAYOR-EXECUTIVEDEPARTMENT the attached easement agreement and that the Mayor be
FROMTHECITYPLANNINGBOARD authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE,
NO.1 CORPORATION COUNSEL AND COMMISSIONER OF
P.DESIDERO,REQUESTTOREZONEAPORTIONOF PUBLIC WORKS.
1973BROADWAYFROMR2TOCM NO.5
ITEMNO.69,C.C.P.9/16/97 RESULTOFNEGOTIATIONS
The City Planning Board at its regular meeting held 887&889KENSINGTONAVENUE
Tuesday, September 23, 1997 considered the matter captioned ITEMNO.106,C.C.P.10/1/96
above pursuant to Section 511-126 of the Buffalo Code, In the above referenced item Your Honorable Body
Amendments to the Zoning Ordinance. authorized the Comptroller's office, Division of Real Estate, to
The applicant seeks to rezone the rear portion of the negotiate with Buffalo Enterprise Development Corporation, for
property referenced above which is addressed at 476 North the abandonment and sale of 887 & 889 Kensington Avenue.
Ogden. The total area to be rezoned is 3,870 square feet and The parcels are being acquired for an Linear
will allow the applicant to construct a building to accommodate Industrial Park, along the proposed Northeast Buffalo Parkway.
an "open air" market. The actual area to be rezoned will be In accordance with Article 27, Section 513 & 514 of
used as accessory parking for that use. Under SEQR the the City Charter the purchaser has petitioned Supreme Court
proposed rezoning is considered an unlisted action which may the appointment of appraisers to establish the value of the
be studied through uncoordinated review. City's interest in the property. The report indicates that the
The Planning Board voted to approve the proposed value of the property is Ninety-One Thousand Six Hundred
rezoning provided that the applicant comply with applicable Dollars ($91,600). The Division of Real Estate concurs with
screening and transitional side yard requirements outlined in the appraisers estimate of value.
the Buffalo Code. I am recommending that Your Honorable Body
RECEIVED AND FILED. approve the sale of 887 & 889 Kensington to the Buffalo
Enterprise Development Corporation in the amount of Ninety-
NO.2 One Thousand Six Hundred Dollars. I am further
LUTHERANCHURCHHOME,REQUESTTOERECTA recommending that the Corporation Counsel prepare the
DECKANDADDITIONAT217EASTDELAVAN necessary documents for the transfer of title and that the Mayor
ITEMNO.70,C.C.P.9/16/97 be authorized to execute the same.
The City Planning Board at its regular meeting held Tuesday, REFERRED TO THE COMMITTEE ON FINANCE AND
September 23, 1997 considered the matter captioned above CORPORATION COUNSEL.
pursuant to Section 511-68.1 of the Buffalo Code,, The Hamlin
Park Overlay District. NO.6
The applicant seeks to erect a one-story addition with a RESPONSETOHOMESTEADOR
corresponding deck. The addition and deck will be accessory PURCHASEOF1/2OF621WOODLAWN
to the 66-unit housing for the elderly complex and will enhance ITEMNO.170C.C.P.9/16/97
the quality of life for the residents therein. Under SEQR the Item No. 170, C.C.P. 9/16/97 was referred to the
proposed deck and addition is considered a Type II action Comptroller's Office for a response. This item refers to a
which does not require further environmental review. homestead or sale of a city-owned inrem property.
The Planning Board voted to approve the proposed deck and As of July 1, 1997 a new division, Division of In-Rem,
addition as presented. was created in the Department of Community Development.
RECEIVED AND FILED. The Division of In-Rem will be handling the maintenance and
all of the homesteading and sale transactions for city-owned in-
FROMTHECOMPTROLLER rem properties, which are all properties struck to the city from a
tax foreclosure process.
NO.3 I am, therefore, recommending that this item be
UTILITYEASEMENT referred to the Department of Community Development for a
NIAGARAMOHAWKPOWERCORP. response.
439MILITARYROAD REFERRED TO THE COMMITTEE ON COMMUNITY
The Office of the Comptroller, Division of Real Estate, DEVELOPMENT AND CITY PLANNING BOARD.
has received the attached proposed permanent easement
agreement from Niagara Mohawk in reference 439 Military NO.7
Road. RESPONSETOHOMESTEADOR
Niagara Mohawk is requesting to obtain an easement PURCHASEOF649WOODLAWN
for strip of land a 10' in width extending southerly 100' from the ITEMNO.171C.C.P.9/16/97
southerly line of Race Street to a transformer pad area Item No. 171, C.C.P. 9/16/97 was referred to the
measuring 18'6" x 13' as shown on Exhibit A dated April 22, Comptroller's office for a response. This item refers to a
1997, attached hereto, which is a portion of city-owned property homestead or sale of a city-owned in-rem property.
located at 439 Military Road. As of July 1, 1997 a new division, Division of In-
The subject property is under the jurisdiction of the Rem, was created in the Department of Community
Parks Department and should be referred to them for a Development. The Division of In-Rem will be handling the
response. This item should also be referred to the Corporation maintenance and all of the homesteading and sale transactions
Counsel Office and the Department of Pubic Works for a for city-owned in-rem properties, which are all properties struck
response. to the city from
I am recommending that Your Honorable Body approve a tax foreclosure process.
the attached easement agreement and that the Mayor be I am, therefore, recommending that this item be
authorized to execute the same. referred to the Department of Community Development for a
REFERRED TO COMMITTEE ON FINANCE, response.
CORPORATION COUNSEL, COMMISSIONER OF PUBLIC REFERRED TO THE COMMITTEE ON COMMUNITY
WORKS, COMMISSIONER OF HUMAN SERVICES, PARKS DEVELOPMENT AND CITY PLANNING BOARD.
AND RECREATION AND BOARD OF EDUCATION.
NO.8
RESPONSETOHOMESTEAD FROMTHECOMMISSIONEROFPUBLICWORKS
OF70SOUTH
ITEMNO.180C.C.P.9/16/97 NO.11
Item No. 180, C.C.P. 9/16/97 was referred to the NOTIFICATIONSERIAL#8938
Comptroller's office for a response. This item refers to a PARKINGMETERS-REPEAL
homestead of a city-owned in-rem property. PARKING METERS - REPEAL
As of July 1, 1997 a new division, Division of In-Rem, In conformity with Section 49 of Chapter 479 of the
was created in the Department of Community Development. Ordinances of the City of Buffalo, the City Engineer hereby
The Division of In-Rem will be handling the maintenance and notifies Your Honorable Body of this action supplementing,
all of the homesteading and sale transactions for city-owned in-amending, or repealing existing provisions of Chapter 479 of
rem properties, which are all properties struck to the city from a the Ordinances, as stated below, to be effective forty five days
tax foreclosure process. after the first Council meeting at which they appear on the
I am, therefore, recommending that this item be agenda as an item business.
referred to the Department of Community Development for a That that part of Subdivision 3 of Section 33 of
response. Chapter 479 of Ordinances of the City of Buffalo be
REFERRED TO THE COMMITTEE ON COMMUNITY supplemented by repealing therefrom the following: PARKING
DEVELOPMENT AND CITY PLANNING BOARD. METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
FROMTHECOMMISSIONEROFASSESSMENT Bailey Avenue - West Side Between Main Street and
Winspear Avenue
NO.9 This action is necessary due to increasing traffic volumes, the
SENIORTAXEXEMPTION recent repaving and restriping of this roadway and the need to
112SUSSEX improve pedestrian and vehicular safety in this region. It is
ITEM#172,C.C.P.09/16/97 supported by the University of Buffalo, Veterans Administration
The above item has been referred to this department for Hospital and the District Councilmember.
investigation and review. Section 467 of the New York Real (see next 8 serials)
Property Tax Law requires that all owners must fully qualify for
a senior citizen exemption, including annual income NOTIFICATIONSERIAL#8939
requirements. In the case of a husband and wife, both NOSTANDING-REPEAL
incomes must be included even if the title of the property is in BAILEYAVENUE,WESTSIDE
the name of only one spouse. FROMCAPENFACULTYLOTROADWAY
Mrs. Eugenia A. Dockett indicated in her signed senior citizen TOAPOINT75'NORTHTHEREFROM
exemption application that she is separated. In the absence of NO STANDING - REPEAL
court approved divorce proceedings or court approved legal In conformity with Section 49 of Chapter 479 of the
separations the income of the spouse must be included. The Ordinances of the City of Buffalo, the City Engineer hereby
Department of Assessment has long recognized there may be notifies Your Honorable Body of this action supplementing,
circumstances above and beyond the control of individual amending, or repealing existing provisions of Chapter 479 of
senior homeowners and we have therefore approved the Ordinances, as stated below, to be effective forty five days
exemptions for otherwise qualified parties who could provide after the first Council meeting at which they appear on the
proof of abandonment. Mrs. Dockett was informed that in lieu agenda as an item business.
of separation papers, letters of abandonment would be That that part of Subdivision 22 of Section 15 of
sufficient, if in fact she had been abandoned. The statements Chapter 479 of Ordinances of the City of Buffalo be
are to be signed and notarized and can be from any source supplemented by repealing therefrom the following:
familiar with and willing to attest to Mrs. Dockett's NO STANDING
circumstances. Her application is on hold pending receipt of PROHIBITED PORTION OF HIGHWAY PROHIBITED
the separation papers or the two notarized statements of PERIOD
abandonment. Upon receipt of these items and based on the Bailey Avenue, West Side At All Times
signed information already provided, Mrs. Dockett's application From Capen Faculty Lot Roadway
will be approved and she will be eligible for a 50% reduction in To a point 75' north therefrom
real property taxes for fiscal 1998-99 and a 40% reduction in This action is necessary due to increasing traffic volumes, the
her water bill beginning in May 1998. recent repaving and restriping of this roadway and the need to
RECEIVED AND FILED. improve pedestrian and vehicular safety in this region. It is
supported by the University of Buffalo, Veterans Administration
NO.10 Hospital and the District Councilmernber.
WELLNESSINST. (see previous and next 7 serials)
MASSACHUSETTSAVE.PROJECT
LEASE382MASSACHUSETTS NOTIFICATIONSERIAL#8940
ITEM#66,C.C.P.09/16/97 NOSTANDING-REPEAL
The referenced property is assessed as 378 Massachusetts BAILEYAVENUE,WESTSIDE
and listed in the name of the City of Buffalo Parks and FROMCAPENFACULTYLOTROADWAY
Recreation. On the basis of this ownership it is exempt from TOAPOINT30'SOUTHTHEREFROM
city, sewer and county charges. Whether the parcel will retain NO STANDING - REPEAL
its exempt status if leased to another organization is dependent In conformity with Section 49 of Chapter 479 of the
on the status of the leasing agency and the uses to which the Ordinances of the City of Buffalo, the City Engineer hereby
property will be put. notifies Your Honorable Body of this action supplementing,
Key questions that would need to be asked and answered are: amending, or repealing existing provisions of Chapter 479 of
Who is leasing the building? the Ordinances, as stated below, to be effective forty five days
Who is the tenant? after the first Council meeting at which they appear on the
Are they a not-for-profit agency eligible for exempt status? agenda as an item business.
If the lessee is an incorporated not-for-profit agency using the That that part of Subdivision 22 of Section 15 of
leased parcel for their corporate purpose, there is no question. Chapter 479 of Ordinances of the City of Buffalo be
The exemption could be continued upon application and supplemented by repealing therefrom the following: NO
approval of exempt status by the tenant. However, if the tenant STANDING
is simply a group of neighbors gathering together and leasing PROHIBITED PORTION OF HIGHWAY PROHIBITED
the building for the benefit of the neighbors and neighborhood, PERIOD
the exempt status would be lost. Bailey Avenue, West Side At All Times
Therefore it is impossible at this time to make a determination From Capen Faculty Lot Roadway
of the future taxable status of this property. If the leasing To a point 30' south therefrom
agency and/or the future use should result in a loss of exempt This action is necessary due to increasing traffic volumes, the
status it would not necessarily remove the total exemption from recent repaving and restriping of this roadway and the need to
the property. State law allows for a portion of the assessment improve pedestrian and vehicular safety in this region. It is
attributed to the non-exempt activity to be taxed while the supported by the University of Buffalo, Veterans Administration
remainder of the parcel remains exempt. Since this Hospital and the District Councilmember.
department can only address issues of assessment and (see previous 2 and next 6 serials)
taxation I trust this Communication answers those inquiries.
REFERRED TO THE COMMITTEE ON LEGISLATION. NOTIFICATIONSERIAL#8941
NOSTANDING-REPEAL
BAILEYAVENUE,WESTSIDEFROMAPOINT30'SOUTHNOSTANDING-REPEAL
OFFARBERPARKINGLOTDRIVEWAYTOAPOINT110’BAILEYAVENUE,WESTSIDE
NORTHTHEREFROM BEGINNINGATAPOINT70'NORTHOFTHENORTH
NO STANDING - REPEAL CURBLINEOFSHERMANDRIVETOAPOINT310'SOUTH
In conformity with Section 49 of Chapter 479 of the THEREFROM
Ordinances of the City of Buffalo, the City Engineer hereby NO STANDING - REPEAL
notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the
amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby
the Ordinances, as stated below, to be effective forty five days notifies Your Honorable Body of this action supplementing,
after the first Council meeting at which they appear on the amending, or repealing existing provisions of Chapter 479 of
agenda as an item business. the Ordinances, as stated below, to be effective forty five days
That that part of Subdivision 22 of Section 15 of after the first Council meeting at which they appear on the
Chapter 479 of Ordinances of the City of Buffalo be agenda as an item business.
supplemented by repealing therefrom the following That that part of Subdivision 22 of Section 15 of
NO STANDING Chapter 479 of Ordinances of the City of Buffalo be
PROHIBITED PORTION OF HIGHWAY PROHIBITED supplemented by repealing therefrom the following: NO
PERIOD STANDING
Bailey Avenue, West Side At All Times PROHIBITED PORTION OF HIGHWAY PROHIBITED
From a point 30' south of PERIOD
Farber Parking Lot Driveway Bailey Avenue, West Side At All Times
To a point 110' north therefrom Beginning at a point 70' north
This action is necessary due to increasing traffic volumes, the North curbline of Sherman Drive
recent repaving and restriping of this roadway and the need to To a point 310' south therefrom
improve pedestrian and vehicular safety in this region. It is This action is necessary due to increasing traffic volumes, the
supported by the University of Buffalo, Veterans Administration recent repaving and restriping of this roadway and the need to
Hospital and the District Councilmember. improve pedestrian and vehicular safety in this region. It is
(see previous 3 and next 5 serials) supported by the University of Buffalo, Veterans Administration
Hospital and the District Councilmember.
NOTIFICATIONSERIAL#8942 (see previous 6 and next 2 serials)
NOSTANDING-REPEAL
BAILEYAVENUE,WESTSIDE NOTIFICATIONSERIAL#8945
FROMMICHAELROAD NOSTANDING-REPEAL
TOAPOINT180'NORTHTHEREFROM BAILEYAVENUE,WESTSIDEFROMWINSPEARAVENUE
NO STANDING - REPEAL TOAPOINT
In conformity with Section 49 of Chapter 479 of the 211’NORTHTHEREFROM
Ordinances of the City of buffalo, the City Engineer hereby NO STANDING - REPEAL
notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the
amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby
the Ordinances, as stated below, to be effective forty five days notifies Your Honorable Body of this action supplementing,
after the first Council meeting at which they appear on the amending, or repealing existing provisions of Chapter 479 of
agenda as an item business. the Ordinances, as stated below, to be effective forty five days
That that part of Subdivision 22 of Section 15 of after the first Council meeting at which they appear on the
Chapter 479 of Ordinances of the City of Buffalo be agenda as an item business.
supplemented by repealing therefrom the following: NO That that part of Subdivision 22 of Section 15 of
STANDING Chapter 479 of Ordinances of the City of Buffalo be
PROHIBITED PORTION OF HIGHWAY PROHIBITED supplemented by repealing therefrom the following: NO
PERIOD STANDING
Bailey Avenue, West Side At All Times PROHIBITED PORTION OF HIGHWAY PROHIBITED
From Michael Road PERIOD
To a point 180' north therefrom Bailey Avenue, West Side At All Times
This action is necessary due to increasing traffic volumes, the From Winspear Avenue
recent repaving and restriping of this roadway and the need to To a point 21I' north therefrom
improve pedestrian and vehicular safety in this region. It is This action is necessary due to increasing traffic volumes, the
supported by the University of Buffalo, Veterans Administration recent repaving and restriping of this roadway and the need to
Hospital and the District Councilmember. improve pedestrian and vehicular safety in this region. It is
(see previous 4 and next 4 serials) supported by the University of Buffalo, Veterans Administration
Hospital and the District Councilmember.
NOTIFICATIONSERIAL#8943 (see previous 7 and next serial)
NOSTANDING-REPEAL
MAINSTREET,WESTSIDE NOTIFICATIONSERIAL#8946
FROMMICHAELROAD NOSTANDING-INSTALLBAILEYAVENUE,WESTSIDE
TOAPOINT60'SOUTHTHEREFROM BETWEENMAINSTREETANDWINSPEARAVENUE
NO STANDING - REPEAL NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the in conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing, notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five days the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the after the first Council meeting at which they appear on the
agenda as an item business. agenda as an item business.
That that part of Subdivision 22 of Section 15 of That that part of Subdivision 22 of Section 15 of
Chapter 479 of Ordinances of the City of Buffalo be Chapter 479 of Ordinances of the City of Buffalo be
supplemented by repealing therefrom the following: NO supplemented by adding thereto the following: NO STANDING
STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
PERIOD Bailey Avenue, West Side At All Times
Main Street, West Side At All Times Between Main Street
From Michael Road And Winspear Avenue
To a point 60' south therefrom This action is necessary due to increasing traffic volumes, the
This action is necessary due to increasing traffic volumes, the recent repaving and restriping of this roadway and the need to
recent repaving and restriping of this roadway and the need to improve pedestrian and vehicular safety in this region. It is
improve pedestrian and vehicular safety in this region. It is supported by the University of Buffalo, Veterans Administration
supported by the University of Buffalo, Veterans Administration Hospital and the District Councilmember.
Hospital and the District Councilmember. (see previous 8 serials)
(see previous 5 and next 3 serials)
NOTIFICATIONSERIAL#8947
NOTIFICATIONSERIAL#8944 REPEALNOPARKING
EXCEPTJUDGESOFTHE8THJUDICIALDISTRICTWESTthe Ordinances, as stated below, to be effective forty five days
EAGLESTREET,SOUTHSIDEFROMAPOINT35'EASTafter the first Council meeting at which they appear on the
OFDELAWAREAVENUETOAPOINT185'EASTagenda as an item business.
THEREFROM That that part of Subdivision 24 Section 15 of Chapter 479
NO PARKING - REPEAL of Ordinances of the City of Buffalo be supplemented by
In conformity with Section 49 of Chapter 479 of the Ordinances repealing therefrom the following: NO PARKING
of the City of Buffalo, the City Engineer hereby notifies Your PROHIBITED PTN HWY PROHIBITED PERIOD
Honorable Body of this action supplementing, amending, or Franklin Street, east side At all times
repealing existing provisions of Chapter 479 of the Ordinances, from a point 150' north Except
as stated below, to be effective forty five days after the first of Church Street Judges of the
Council meeting at which they appear on the agenda as an item to a point 180' north therefrom Eighth Judicial District
business. (excluding 60' of driveway and radii)
That that part of Subdivision 24 Section 15 of Chapter 479 of This action is being taken in order to alter on-street parking
Ordinances of the City of Buffalo be supplemented by repealing for Judges of the Eighth Judicial District. (See next serial)
therefrom the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED NOTIFICATIONSERIAL#8951
PERIOD INSTALLNOPARKINGEXCEPTJUDGESOFTHE8'B
West Eagle Street, south side At all times JUDICIALDISTRICTFRANKLINSTREET,EASTSIDE
from a point 3 5' east of Except FROMAPOINT50'NORTHOFCHURCHSTREET
to Delaware Avenue Judges of the Eighth Judicial TOAPOINT280'NORTHTHEREFROM
Dist. (EXCLUDING120'OFDRIVEWAYANDRADII)
to a point 185' cast therefrom NO PARKING - INSTALL
This action is being taken in order to alter on-street parking for In conformity with Section 49 of Chapter 479 of the
Judges of the Eighth Judicial District. (See next 2 serials) Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
NOTIFICATIONSERIAL#8948 amending, or repealing existing provisions of Chapter 479 of
INSTALLNOPARKING the Ordinances, as stated below, to be effective forty five days
EXCEPTDISTRICTATTORNEYVEHICLESWESTEAGLEafter the first Council meeting at which they appear on the
STREET,SOUTHSIDEFROMAPOINT125'EASTOFagenda as an item business.
DELAWAREAVENUETOAPOINT95'EASTTHEREFROM That that part of Subdivision 24 Section 15 of Chapter 479
NO PARKING - INSTALL of Ordinances of the City of Buffalo be supplemented by
in conformity with Section 49 of Chapter 479 of the Ordinances adding thereto the following: NO PARKING
of the City of Buffalo, the City Engineer hereby notifies Your PROHIBITED PTN HWY PROHIBITED PERIOD
Honorable Body of this action supplementing, amending, or Franklin Street, east side At all times
repealing existing provisions of Chapter 479 of the Ordinances, from a point 50' north Except
as stated below, to be effective forty five days after the first of Church Street Judges of the Eighth
Council meeting at which they appear on the agenda as an item to a point 280' north therefrom Judicial District
business. (excluding 120' of driveway and radii)
This action is being taken in order to alter on-
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
street parking for Judges of the Eighth Judicial
thereto the following: NO PARKING
District. (See previous serial)
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
NOTIFICATIONSERIAL#8952
West Eagle Street, south side At all times
REPEALNOPARKING
from a point 125' east of Except
EXCEPTOFFICIALSHERIFFDEPARTMENTVEHICLES
to Delaware Avenue District Attorney Vehicles
DELAWAREAVENUE,WESTSIDEFROMAPOINT15'
to a point 95' cast therefrom
SOUTHOFWESTEAGLESTREETTOAPOINT95'SOUTH
This action is being taken in order to reinstall on-street parking
THEREFROM
for the District Attorney vehicles. (See previous and next serial)
NO PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the
NOTIFICATIONSERIAL#8949
Ordinances of the City of Buffalo, the City Engineer hereby
INSTALLNOPARKING
notifies Your Honorable Body of this action supplementing,
EXCEPTJUDGESOFTHE8THJUDICIAL
amending, or repealing existing provisions of Chapter 479 of
DISTRICTWESTEAGLESTREET,SOUTHSIDE
the Ordinances, as stated below, to be effective forty five days
FROMAPOINT35'EASTOFDELAWARE
after the first Council meeting at which they appear on the
AVENUETOAPOINT90'EASTTHEREFROM
agenda as an item business.
NO PARKING - INSTALL
That that part of Subdivision 24 Section 15 of Chapter 479
In conformity with Section 49 of Chapter 479 of the
of Ordinances of the City of Buffalo be supplemented by
Ordinances of the City of Buffalo, the City Engineer hereby
repealing therefrom the following: NO PARKING
notifies Your Honorable Body of this action supplementing,
PROHIBITED PTN HWY PROHIBITED PERIOD
amending, or repealing existing provisions of Chapter 479 of
Delaware Avenue, west side At all times
the Ordinances, as stated below, to be effective forty five days
from a point 15' south of Except
after the first Council meeting at which they appear on the
West Eagle Street Official Sheriff to a
agenda as an item business.
point 95' south therefrom Department Vehicles
That that part of Subdivision 24 Section 15 of Chapter 479
This action is being taken in order to achieve a more
of Ordinances of the City of Buffalo be supplemented by
amicable arrangement of on-street reserved parking on
adding thereto the following: NO PARKING
Delaware Avenue between West Eagle Street and Church
PROHIBITED PTN HWY PROHIBITED PERIOD
Street. (See next 4 serials)
West Eagle Street, south side At all times
from a point 35' east of Except
NOTIFICATIONSERIAL#8953
to Delaware Avenue Judges of the Eighth
REPEALNOPARKING
to a point 90' east therefrom Judicial District
EXCEPTJUDGESOFTHE8'HJUDICIALDISTRICT
This action is being taken in order to install on-street parking
DELAWAREAVENUE,WESTSIDEFROMAPOINTI10'
for Judges of the Eighth Judicial district per request of Vincent
SOUTHOFWESTEAGLESTREET
E. Doyle, Administrative Judge. (See previous 2 serials)
TOAPOINT120'SOUTHTHEREFROM
NO PARKING - REPEAL
NOTIFICATIONSERIAL#8950
In conformity with Section 49 of Chapter 479 of the
REPEALNOPARKINGEXCEPTJUDGESOFTHE8TH
Ordinances of the City of Buffalo, the City Engineer hereby
JUDICIALDISTRICTFRANKLINSTREET,EASTSIDE
notifies Your Honorable Body of this action supplementing,
FROMAPOINT150'NORTHOFCHURCHSTREET
amending, or repealing existing provisions of Chapter 479 of
TOAPOINT180'NORTHTHEREFROM
the Ordinances, as stated below, to be effective forty five days
(EXCLUDING60'OFDRIVEWAYANDRADII)
after the first Council meeting at which they appear on the
NO PARKING - REPEAL
agenda as an item business.
In conformity with Section 49 of Chapter 479 of the
That that part of Subdivision 24 Section 15 of Chapter 479
Ordinances of the City of Buffalo, the City Engineer hereby
of Ordinances of the City of Buffalo be supplemented by
notifies Your Honorable Body of this action supplementing,
repealing therefrom the following: NO PARKING
amending, or repealing existing provisions of Chapter 479 of
PROHIBITED PTN HWY PROHIBITED PERIOD
Delaware Avenue, west side At all times amicable arrangement of on-street reserved parking on
from a point I 10' south of Except Delaware Avenue between West Eagle Street and Church
West Eagle Street Judges of the Eighth to Street. (See previous 4 serials)
a point 120' south therefrom Judicial District
This action is being taken in order to achieve a more NOTIFICATIONSERIAL#8957
amicable arrangement of on-street reserved parking on INSTALLNOPARKING
Delaware Avenue between West Eagle Street and Church EXCEPTJUDGESOFTHE8'HJUDICIALDISTRICT
Street. (See previous and next 3 serials) FRANKLINSTREET,EASTSIDEBETWEENNIAGARA
STREETANDWESTEAGLESTREET
NOTIFICATIONSERIAL#8954 NO PARKING - INSTALL
REPEALNOPARKING In conformity with Section 49 of Chapter 479 of the
EXCEPTOFFICIALSHERIFFDEPARTMENTVEHICLESOrdinances of the City of Buffalo, the City Engineer hereby
DELAWAREAVENUE,WESTSIDEFROMAPOINT30'notifies Your Honorable Body of this action supplementing,
NORTHOFCHURCHSTREET amending, or repealing existing provisions of Chapter 479 of
TOAPOINT140'NORTHTHEREFROM the Ordinances, as stated below, to be effective forty five days
NO PARKING - REPEAL after the first Council meeting at which they appear on the
In conformity with Section 49 of Chapter 479 of the agenda as an item business.
Ordinances of the City of Buffalo, the City Engineer hereby That that part of Subdivision 24 Section 15 of Chapter 479
notifies Your Honorable Body of this action supplementing, of Ordinances of the City of Buffalo be supplemented by
amending, or repealing existing provisions of Chapter 479 of adding thereto the following: NO PARKING
the Ordinances, as stated below, to be effective forty five days PROHIBITED PTN HWY PROHIBITED PERIOD DAILY
after the first Council meeting at which they appear on the Franklin Street, east side At all times
agenda as an item business. between Niagara Street Except
That that part of Subdivision 24 Section 15 of Chapter 479 and West Eagle Street Judges of Eighth Judicial District
of Ordinances of the City of Buffalo be supplemented by This action is being taken in order to adjust on-street parking
repealing therefrom the following: NO PARKING for Judges of the Eighth Judicial District per request of Vincent
PROHIBITED PTN HWY PROHIBITED PERIOD E. Doyle, Administrative Judge.
Delaware Avenue, west side At all times
from a point 30' north of Except NOTIFICATIONSERIAL#8958
Church Street Official Sheriff INSTALLNOTURNONREDTILLINGHASTPLACE,
to a point 140' north therefrom Department Vehicles WESTBOUNDATCOLVINAVENUE
This action is being taken in order to achieve a more NO TURNS ON RED - INSTALL
amicable arrangement of on-street reserved parking on In conformity with Section 479 of the Ordinances of the City
Delaware Avenue between West Eagle Street and Church of Buffalo, the City Engineer hereby notifies your Honorable
Street. (See previous 2 and next 2 serials) Body of this action supplementing, amending, or repealing
existing provisions of Chapter 479 of the Ordinances, as stated
NOTIFICATIONSERIAL#8955 below, to be effective forty five (45) days after the first Council
INSTALLNOPARKING meeting at which they appear on the agenda as an item
EXCEPTJUDGESOFTHE8'T'JUDICIALDISTRICTbusiness.
DELAWAREAVENUE,WESTSIDEFROMAPOINT15' That that part of the Subdivision I of Section 38 of Chapter
SOUTHOFWESTEAGLESTREET 479 of the Ordinances of the City of Buffalo be supplemented
TOAPOINT95'SOUTHTHEREFROM by adding thereto the following: Turns Prohibited Facing Steady
NO PARKING - INSTALL Red Signal
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby Vehicles on at Intersection of Effective Period
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of Tillinghast Pl Colvin Avenue 24 hours
the Ordinances, as stated below, to be effective forty five days traveling westbound northeast comer
after the first Council meeting at which they appear on the This action is being taken to allow for safer pedestrian
agenda as an item business. access at a school crossing, and to help curtail heavy cut-
That that part of Subdivision 24 Section 15 of Chapter 479 through vehicular traffic on a residential side street.
of Ordinances of the City of Buffalo be supplemented by Mrs. LoTempio moved that Notification Serial #8939-
adding thereto the following: NO PARKING 8946 be received and filed and that the remainder be referred
to the Committee on Legislation
PROHIBITED PTN HWY PROHIBITED PERIOD ADOPTED
Delaware Avenue, west side At all times
from a point 15' south of Except NO.12
West Eagle Street Judges of the 8th L.ZAMBITO-
to a point 95' south therefrom Judicial District REQUESTSPURCHASE/LEASERIGHT-OF-WAY
This action is being taken in order to achieve a more COLVINAVENUE-PARKING
amicable arrangement of on-street reserved parking on ITEMNO.104;C.C.P.09/0,A/97
Delaware Avenue between West Eagle Street and Church The above captioned item has been referred to the
Street. (See previous 3 and next serial) Department of Public Works for our recommendations.
The public street right-of-way between the pavement curb
NOTIFICATIONSERIAL#8956 line and the private property line is reserved to provide space
INSTALLNOPARKING for both overhead and underground utility lines. The need for
EXCEPTOFFICIALSHERIFFDEPARTMENTVEHICLESadequate space for the growing number of these utility lines is
DELAWAREAVENUE,WESTSIDEFROMAPOINTI10'constantly increasing. The Department of Public Works is
SOUTHOFWESTEAGLESTREET strongly opposed to the contraction of the width of any public
TOAPOINT30'NORTHOFCHURCHSTREET street right-of-way, especially main thoroughfares such as
NO PARKING - INSTALL Colvin Avenue.
In conformity with Section 49 of Chapter 479 of the However, this department would have no objection to Your
Ordinances of the City of Buffalo, the City Engineer hereby Honorable Body granting to the applicant a lease or mere
notifies Your Honorable Body of this action supplementing, license for use of the property in question, subject to the review
amending, or repealing existing provisions of Chapter 479 of and approval by the Division of Engineering of the detailed
the Ordinances, as stated below, to be effective forty five days plans for the proposed parking area and its required curb cuts.
after the first Council meeting at which they appear on the RECEIVED AND FILED
agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 NO.13
of Ordinances of the City of Buffalo be supplemented by PETITIONFROMT.GLOVERAND
adding thereto the following: NO PARKING OTHERRESIDENTSASKINGTHAT
PROHIBITED PTN HWY PROHIBITED PERIOD LITTELLSTREETBEREPAVED.
Delaware Avenue, west side At all times ITEMNO.77,C.C.P.4/15/97
from a point 1 10' south of Except With reference to the above item, the Department of Public
West Eagle Street Official Sheriff to a point Works, Division of Engineering, has evaluated Littell Street, a
30' north of Church Street Department Vehicles brick pavement, and concurs with the residents that it should
This action is being taken in order to achieve a more be resurfaced with asphalt.
This work can be accomplished with existing funds allocated in Change Order No. 1 (CCP 9/2/97; Item 32) Add 4,775.00
our budget. With your Honorable Body's consent our Amount of This Change (No. 2) Add 13,894.00
Department will overlay the brick pavement with asphalt as part Revised Amount of Contract $41,743.00
of our 1998 Overlay Program to provide a safesmooth riding These changes could not be foreseen at the time contract was
surface. let. Costs have been reviewed by the Department of Public
REFERRED TO THE COMMITTEE ON FINANCE Works and found to be fair and equitable. Funds for this work
are available in CPF 200-402-063 - Division of Buildings.
NO.14 I request that Your Honorable Body authorize the
D.DANIELSANDOTHERS- Commissioner of Public Works to issue a change order to the
REQUESTPAVINGOFERICSONAVENUE contractor as set forth above.
ITEMNO.79,C.C.P.4/15/97 Mrs. LoTempio moved:
With reference to the above item, the Department of Public That the above communication from the Commissioner of
Works, Division of Engineering, has evaluated the pavement Public Works dated September 23, 1997, be received and
condition of Ericson Avenue. filed; and
As a result of our evaluation, Ericson Avenue which is a That the Commissioner of Public Works be, and he hereby is
brick pavement, can be included in our 1998 Overlay Program authorized to issue change order No. 2, to Patterson-Stevens
with the existing funds allocated in our budget. With your Aquatech, Inc., an increase in the amount of $13,894.00, as
Honorable Body's consent our Department will overlay the brick more fully described in the above communication, for work
pavement with asphalt to provide a safe-smooth riding surface. relating to Reconstruction of Pools, various locations, C
REFERRED TO THE COMMITTEE ON FINANCE #91900200. Funds for this project are to be charged to CPF
200-402-063 Division of Buildings.
NO.15 PASSED.
Mr. Coppola was excused from further attendance at this AYES-12. NOES-0.
meeting.
ADOPTED. NO.18
CHANGEINCONTRACT
NO.16 RECONSTRUCTIONOFPOLICEHEADQUARTERS
CHANGEINCONTRACT 2NDFLOORDISPATCHAREA
ELMWOOD-VIRGINIAFIRESTATION GENERALCONSTRUCTION
ELECTRICALWORK I hereby submit to Your Honorable Body the following changes
I hereby submit to Your Honorable Body the following for the Reconstruction of Police Headquarters, 2nd Floor
changes for the Elmwood Virginia Fire Station, Electrical Work, Dispatch Area, General Construction, Peyton Barlow Co, C
Frey Electric Construction, C #91853600. #919021 00.
1. Exchange 2 light fixtures at entrance canopy. 1. Lower borrowed lights, north wall at Dispatch per
Add $ 1,439.00 Police Headquarters personnel. Add $322.00
2. Provide additional material and labor to power 2. Lower communications cables at South Wall of
· roof top units. Add $821.00 Dispatch Room. Add $81.00
3. Provide wiring from 2 pairs of doors for electric release The foregoing change results in a net increase in the contract
of hold-open hardware, connected to fire of Four Hundred Three and 00/100 Dollars ($403.00).
alarm system. Add $974.00 Summary: Original Amount of Contract $45,520.00
The foregoing change results in a net increase in the Change Order No. 1 (CCP 09/02/97, #31) Add 3,613.00
contract of Three Thousand Two Hundred Thirty Four and Amount of This Change (No. 2) Add 403.00
00/100 Dollars ($3,234.00). Revised Amount of Contract $49,536.00
Summary: Original Amount of Contract $154,360.00 These changes could not be foreseen at the time contract was
Change Order No. 1 (CCP 11/12/96 #111) Add 4,067.00 let. Costs have been reviewed by the Consulting Architect, E I
Change Order No. 2 (CCP 6/10/97, #29) Add 3,438.00 Team, LLC, and the Department of Public Works and found to
Change Order No. 3 (CCP 7/8/97, #37) Add 1,222.00 be fair and equitable. Funds for this work are available in CPF
Amount of This Change (No. 4) Add 3,234.00 200-200-001 - Division of Police.
Revised Amount of Contract 166,321.00 I request that Your Honorable Body authorize the
These changes could not be foreseen at the time contract Commissioner of Public Works to issue a change order to the
was let. Costs have been reviewed by the Consulting contractor as set forth above.
Architect, Stieglitz, Stieglitz, Mach, and the Department of Mrs. LoTempio moved:
Public Works and found to be fair and equitable. Funds for That the above communication from the
this work are available in CPF 200-402-023 - Division of Commissioner of Public Works dated September 17, 1997, be
Buildings. received and filed; and
I request that Your Honorable Body authorize the That the Commissioner of Public Works be, and he
Commissioner of Public Works to issue a change order to the hereby is authorized to issue change order No. 2, to Peyton
contractor as set forth above. Barlow Co., an increase in the amount of $403.00, as more
Mrs. LoTempio moved: fully described in the above communication, for work relating to
That the above communication from the Commissioner of the Reconstruction of Police Headquarters, 2nd Floor Dispatch
Public Works dated September 17, 1997, be received and Area,General Construction ,C#91902100.
filed; and Funds for this project are to be charged to CPF 200-
That the Commissioner of Public Works be, and he hereby 200-001 - Division of Police.
is authorized to issue change order No. 4, to Frey Electric PASSED.
Construction, an increase in the amount of $3,234.00, as more AYES-12. NOES-0.
fully described in the above communication, for work relating to
the Elmwood-Virginia Fire Station, C #91853600. Funds for NO.19
this project are to be charged to CPF 200-402-023 Division of REQUESTFORTRAFFICSIGNAL
Buildings. DOATSTREETATMAYSTREET
PASSED ITEMNO.72;C.C.P.09/16/97
AYES - 12. NOES - 0 This is in response to Item No. 72 of September 16, 1997
which requested a traffic signal be installed at the intersection
NO.17 of Doat Street at May Street. Please be advised that the
CHANGEINCONTRACT Department of Public Works - Traffic Engineering Section has
RECONSTRUCTIONOFPOOLS commenced work on a traffic study of this intersection to
VARIOUSLOCATIONS-1997 determine if the installation of a traffic control signal is
I hereby submit to Your Honorable Body the following changes warranted. This study should be completed by November
for the Reconstruction of Pools, Various Locations - 1997, 1997, at which time, this department will take further action.
Patterson-Stevens Aquatech, Inc. C #91900200. REFERRED TO THE COMMITTEE ON LEGISLATION.
1. Centennial Pool - Add concrete (buckled floor work)
Add $ 5,860.00 NO.20
2. Kensington Pool - Add concrete rehab (necessary REPORTOFAUDIT-NORTHBUFFALOICERINK
safety) work; add caulk joint replacement. Add $ 8,034.00 ITEMNO.6,C.C.P.9/2/97
The foregoing change results in a net increase in the contract ITEMNO.109,C.C.P.9/16/97
of Thirteen Thousand Eight Hundred Ninety Four and 00/100 The referenced audit was referred to this department for
Dollars ($13,894,.00). comment. The operation of the facility is not under the control
Summary: Original Amount of Contract $23,074.00 of the Department of Public Works. The building is being
operated under a lease between the Department of Parks and REFERRED TO THE COMMITTEE ON LEGISLATION
the North Buffalo Community Development Corporation. The
Department of Public Works is, however, responsible for FROMTHECOMMISSIONEROFFIRE
capital improvements and the overall upkeep of the structure.
We have found that the maintenance work being accomplished NO.24
by the North Buffalo Community Development Corporation is VACATEFIREHOUSE-PLYMOUTH&JERSEY
acceptable, and the City's assets are being protected. Please be aware the Buffalo Fire Department will be vacating
The Audit report indicates that one employee of the Division of the firehouse at Plymouth and Jersey streets on Monday,
Buildings had work hours listed where he worked for both September 22, 1997 at 8:00 am. The turning over keys, etc.
of
Division of Buildings and the North Buffalo Community Center.
will take place between the Buffalo Fire Department and the
The amount of hours in question were minimal and after
Division of Real Estate. It is our understanding that Don Morris
consultation with the employee and the employee's function
will represent the Real Estate office concerns (i.e. boarding up,
head, it was determined that the employee left work with the
etc.).
Division of Buildings on a couple of occasions when he utilized
Please notify the Common Council of our intentions. If I can be
compensatory time. The use of compensatory time was not
of further assistance, please do not hesitate to call.
properly recorded, and thus, it appeared that the employee was
Thank you for your consideration in this matter.
being paid while supposedly working at both sites. This
REFERRED TO THE COMMITTEE ON FINANCE.
problem has been corrected, and I do not expect that it will
occur in the future.
FROM THE CORPORATION COUNSEL
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.25
FROM THE COMMISSIONER OF POLICE
SETTLEMENTOFCLAIM
CITYV.STENSHORN/BRANT
NO.21
DOL:11/10/90
CHECKSRECEIVED
On November 10, 1990, Buffalo Police Officers Jose
ITEMNO.104,C.C.P.2/2/88
Rodriguez and Gregory Handgis attempted to stop a red pickup
8155-00106006 C2-96-0065 $ 2,956.82
truck in the vicinity of Crowley and Ontario Street in the City of
8155-00106082 C2-97-0014 1,072.96
Buffalo. The pickup truck failed to stop and Officer Rodriguez
8155-00106076 C2-97-0029 636.00
gave chase in his police vehicle with lights and sirens flashing.
TOTAL DEPOSIT $ 4,665.78
As the two vehicles approached the intersection of
The above referenced property has been administratively
Crowley and Ontario Streets, a third vehicle driven by Charles
forfeited by the Drug Enforcement Administration. (DEA). The
N. Brant and owned by Kelly A. Stenshorn heard the police
checks were received by this Department and duly deposited in
vehicle approaching and pulled over to the side of Crowley
the Trust & Agency Account, #610-200-217-00-300.
Street and stopped. Officer Rodriguez then struck the
RECEIVED AND FILED.
Stenshom vehicle in the rear when his vehicle hydroplaned due
to rain and wet leaves on the street.
NO.22
As a result of the accident, the City police vehicle
CHIEF'SPOSITIONSADDEDTOCITYORDINANCE
was damaged in the amount of $950.00. Additionally, the
To include the position of Chief within the Police Department
officers received minor injuries and the City paid recoverable
[Chief of Patrol(2) and Chief of Staff(l)] with Commissioners
wages in the approximate amount of $1,500.00 during the
and Deputy Commissioners of Police, as of July 1, 1996.
period of their disability.
Article 12 / Sec. 222 Department of Police
This office sued the driver and owner of the vehicle
Sec.222 There shall be three deputy commissioners of police
that was struck by Officer Rodriguez to recover the above
in the exempt class of the civil service, and three (3) Chief(s)
identified costs. The insurance company for the owner of the
in the non-competitive class,, both with power to act
vehicle, namely, Merchants Mutual Insurance Company, has
generally for and in place of the Commissioner of Police, who
offered $638.00 in settlement of the lawsuit.
shall be appointed and removed at the pleasure of the
This office recommends accepting this amount in
Commissioner of Police and shall perform such other and
that after our investigation, it appears the majority of the liability
additional duties as may, from time to time, be assigned to
rests with the driver of the police vehicle and not the driver of
them by the Commissioner of Police. On the removal, as
the stopped vehicle. In short, the case is nothing more than a
hereinbefore provided, of a deputy commissioner of police,
rear-ender in which the City's vehicle struck a stopped vehicle
who, at the time of his appointment as a deputy commissioner,
in the rear. Further, the recovery of lost wages can be
or a chief (of Patrol or Staff) who, at the time of their
extremely limited due to the no-fault benefits law. As a result,
appointment as chief, was a member of the department of
in the event this matter goes to trial, the City would likely end up
police, he shall, before such removal becomes effective, be
with nothing on its claim.
restored at his request to the rank and duty which he held at
Based on the above, this office recommends
the time of his appointment (effective July 1, 1996).
settlement in the amount of Six Hundred Thirty-eight Dollars
Article 24 Officers and Employees
($638.00).
Sec.453 (a) Whenever the base salary of permanent full-time
Mrs. LoTempio moved:
employees of the department of police who are members of the
That the above communication from the Department of Law
Police Benevolent Association is increased pursuant to
dated September 24, 1997,
collective bargaining, the salary of exempt, and the salary of
be received and filed; and
Chief positions (noncompetitive), of the department of
That the Acting Corporation Counsel be, and he hereby is
police shall be increased by the same percentage dollar
authorized to settle the claim of Kelly A. Stenshorn and Charles
amount received by such non-exempt employees (effective July
N. Brant in the amount of $639.00, payable to the City.
1, 1996).
PASSED.
Ch. 35 Personnel Policies
AYES-12. NOES-0.
Article 1
35-8 The following shall be deemed members of the Police
NO.26
Force:
IMPLEMENTATIONOFCOMER
Add the positions of: Chief of Patrol Chief of Staff
SETTLEMENT:COMMUNITYHOUSING
(effective July 1, 1996)
CENTERADMINISTRATOR
Article VI
ITEMNO.36C.C.P.,9/16/97
35-20 Add the positions of Chief (of Staff and of Patrol) to
You asked the Law Department certain questions
sections A through E (Effective July 1,
regarding the recommendation of HOME, Inc. and Rental
1996.)
Assistance Corporation to serve as joint administrators of the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Community Housing Center “CCHC"). In particular, you asked
AND COMMISSIONER OF ADMINISTRATION AND
(1) what was Rental Assistance Corporation's ("RAC") role in
FINANCE.
the action; (2) what changes have RAC made as a
Comer
result of the action; (3) what is the process to change the
NO.23
administrator at this present stage of the selection process; (4)
DELILICENSINGORD.
what impact, if any, is there on the HOPE VI funding; (5) who
TEXT: Det. Kevin Maloney has responded to the Corporation
sat on the ad hoc committee that reviewed the applications; and
Counsel with two possible suggestions to be included in the
(6) how was the scoring performed? The answers are as
proposed ordinance. A copy of his memorandum has been
follows:
forwarded to the Chairman of the Legislation Committee, Mr.
(1) RAC, when the action was first
Comer
Coppola.
filed and now, serves as the City's Section 8-Existing Housing
programs administrator. The complaint alleged that RAC, the (paragraphs 28-32)
United States Department of Housing and Urban Development Requests for Proposals
("HUD"), and the City entered into agreements to restrict Comer v. Cisneros CHC Proposals - Rating and
Section 8 certificates to use within the City limits, rather than Ranking Score Sheet
use statewide. The complaint also alleged failure of RAC and REFERRED TO THE COMMITTEE ON COMMUNITY
the City to engage in affirmative outreach efforts to minority DEVELOPMENT.
residents. The settlement resulting in the consent decrees at
issue here, however, expressly provides that the settlement FROMTHECOMMISSIONEROFCOMMUNITY
was not an admission of liability by any of the defendants. DEVELOPMENT
(2) By August 1990 and prior to entering into NO.27
the settlement (which formally ended this practice), RAC and SHILOHSENIORCENTER
the City discontinued the practice of geographically restricting HOMEFUNDS
Section 8 certificates issued by the City and administered by C.D.B.G.FUNDS
RAC to use within the City. This practice was enacted in
response to the similar practice enacted by suburban The project, located at 253 E. Eagle St., will construct
communities in Erie County that restricted their Section 8 (12) side-by-side duplexes, creating (24) new units for low
certificates to present suburban residents, creating a waiting income senior tenants. I am requesting approval to restructure
list that effectively prevented City residents from moving into the existing loan documents as per the attached history. The
suburban communities with Section 8 certificates. RAC was owner is current with all City, County, Water bills, and
also found to have provided affirmative outreach efforts in outstanding letters of violation for this property and all other
compliance with HUD regulations. 824 F. properties owned either solely or jointly within the City of
Comer v. Kemp,
Buffalo.
Supp. 1113, 1128 (W.D.N.Y. 1993) (dismissing on standing
As provided for in the approved Comprehensive
grounds), 3 7 F. 3 d 775 (2d Cir.
rev’d on denial of standing,
Master Plan for the Ellicott Town Center, this project will
1994). There is no restriction in the decree or the Request for
continue the rehabilitation of the former public housing site
Proposals ("Request") against the non-profit parties in
the
located in downtown Buffalo known as Ellicott Mail. This
action from applying to be the CHC administrator. The
Comer
project consists of new construction to provide (24) rental
Request prohibits application by entities dependent upon the
homes for senior citizens and a small community center. This
City, Erie County, or any municipality within Erie County. The
housing will serve households earning no more than 60% of the
applicant is required to disclose any potential conflict of interest
Area Median Income, with 25% of the units set-aside for
with HUD, Rental Assistance Corporation, Belmont Shelter
tenants at or below 40% of the Area Median Income. The
Corp., the City, BMHA, Erie County, the Town of Amherst, and
project will also be a member of the Ellicott Community
other Erie County Consortium communities, with such
Association.
disclosure expressly not a disqualification of a disclosing
The (24) rental units will be new construction, in (12)
applicant but subject to review by HUD. (Request, Sec. V., B.,
one-story buildings, side-by-side duplex style. Each unit will
7.)
have two bedrooms, one bath, a living room, dining area,
(3) As responses to a Request for Proposals,
kitchen, and enclosed garage. The one-story floor plan is
the City can not adjust the applications received or the parties
specifically designed for seniors, including the frail elderly. The
making the applications. They must be accepted or rejected as
two bedroom design is particularly appropriate for married
they are presented. Attached is a copy of the relevant sections
seniors, shared housing, and seniors with dependents. It also
of the Section 8 Consent Decree applicable to the selection of
permits the units to be marketed to the frail elderly where the
the CHC administrator. Pursuant to the Section 8 Decree I
second bedroom can be used by a caregiver. A priority will be
30(d), the City makes its selection within 40 days of the closing
given to such households.
date for applications (July 21, 1997), or by September 2, 1997,
The area, located within walking distance of downtown
and HUD has to approve or disapprove that selection within 70
Buffalo, has undergone substantial redevelopment over the
days of the closing date (or by September 29, 1997). If HUD
past several years. Over 100 new single-family homes have
disapproves, it must indicate its reasons in writing and "within 7
been built within a (2) block area. The rebuilt Ellicott Town
days after receiving that explanation, Buffalo shall select
Center contains 255 new rental units, and by the winter of 1997
another organization in accordance with that explanation."
will have completed the final phase in the construction of (48)
Thus, the City upon a HUD disapproval must select another
townhouses. The site has allocated the entire frontage of
organization based upon HUD's explanation. If HUD's
Michigan between South Division Street and Eagle Street for a
explanation rejects the remaining applicants as well, then a new
combination of retail commercial space and community
Request for Proposals probably will be issued, following further
facilities. Sheehan Memorial Hospital and the Sheehan
negotiations with the parties in That would be the only
Comer.
Memorial Dental Clinic are adjacent to the site.
scenario in which new application, and potential new applicant
First Shiloh Baptist Church was founded in 1916 to
combinations, can occur.
serve the residents of the Ellicott District, as well as other
(4) The HOPE VI application and funding therefrom are
members of the City of Buffalo. In 1984 they founded a not-for-
separate from the operation of the CHC. Other aspects of the
profit corporation known as First Shiloh Baptist Church
settlement, those involving issuance of Section 8 certificates to
Housing of Buffalo, New York, and are the not-for-profit general
members of the plaintiff class and the timing of the remaining
partners in the Phase I and 11 developments at the Ellicott
performance under the decrees, depend upon the operation of
Town Center.
the CHC. The consent decrees trigger the issuance of these
Developer: Norstar Development U.S.A., Inc. 211 E. Eagle Street, Suite 125
certificates (and related funding) upon the establishment of the
Buffalo, New York, 14204
CHC, to provide the recipients of these certificates counseling
Phone (716) 847-1098
on (among other subjects) housing opportunities in Erie County
and other assistance.
Funding Sources
(5) The Department of Community Development,
Construction
Division of Neighborhoods, with the Law Department formed an
$1,300,000 Private mortgage
ad hoc committee to review and evaluate these applications
$129,681 Equity
under the criteria and point system stated by HUD in the
$500,000 108 Loan
Request for Proposals. The committee consisted of Deputy
$281,291 H.O.M.E.
Commissioner David Pawlik, Director Jay Duderwick, Fair
$215,418 C.D.B.G.
Housing Officer Frank Perez, Mary Lesniak, and Assistant
$2,426,390
Corporation Counsel David R. Hayes.
(6) Also attached are copies of the Request and the
I am requesting the following loans be restructured:
scoring sheet devised by the ad hoc committee to review the
1. An $843,873 HOME loan was
applications. That HUD-written Request at Section VI (pages
approved and executed to demolish and environmentally abate
15-18) sets forth the evaluation criteria, and the maximum
towers 2, 3, and 8.
points to be awarded for each criteria, with applicants receiving
Since the Shiloh project is
scores "based on a discretionary evaluation of the quality of the
located within the original footprint, one third of this loan,
response as compared to the responses in competing
$281,291 is allocable to Shiloh. Of this amount, $231,291 was
applications" (Request at page 15). The committee followed
used for demolition, site preparation, and pre-development
this scoring system in coming to its recommendation.
costs and will be repaid using Section 108 funds. The lien for
We would be happy to answer any further questions
the existing grant enforcement mortgage should be removed.
this Honorable Body has regarding this matter.
2. The recycled $231,291 HOME funds
Attached for your information are the following
will be loaned to the Shiloh project to pay general construction
documents:
costs. The loan will be at the applicable federal rate, with all
Excerpts from the Section 8 Consent Decree
Comer
interest except 1% deferred for (15) years. consultant to prepare plans and specifications for the
3. There were two CDBG loans ($65,418 Reconstruction of the Fountain Plaza Water Supply and
and $150,000) used to demolish and environmentally abate Drainage Systems. Permission to receive bids for this project,
tower 1. These liens should be restructured into a single which should be completed prior to the opening of Rotary Rink,
$79,260 loan at 1% interest only. This is due to the fact that is also requested.
the only eligible basis items are environmental abatement and
associated costs. Funds for this work are available in C.P.A. 200-717-
REFERRED TO THE COMMITTEE ON COMMUNITY 078 in the Division of Development.
DEVELOPMENT Mrs. LoTempio moved:
NO.28 That the above communication from the Commissioner of
WARMPROGRAM Community Development dated September 18, 1997, be
HOMEFUNDS-$200,000 received and filed; and
That the Commissioner of Community Development
The Department of Neighborhoods, Housing, and Inspections be, and he hereby is authorized to engage the services of a
has negotiated a Cooperative Agreement, between the New consultant to prepare plans and specifications for the
York State Department of State, the City of Buffalo and the Reconstruction of the Fountain Plaza Water Supply and
Clarkson Center, Inc. which will, provide weatherization and Drainage Systems. Funds for this project are available in
emergency heating repairs/replacement to approximately 150 C.P.A. #200-717-078 in the Division of Development.
low income Buffalo,-, homeowners. PASSED
AYES- 12 NOES- 0
The Buffalo Urban Renewal Agency (BURA) is being NO.30
requested to approve $200,000 of HOME funds. which will be CONTRACTSFOROUT-OF-TOWNCOMPANIES
matched with $200,000 provided by the New York State ITEMNO.186,C.C.P.6/24/97
Department of State. This combines fund of $400,000 will be ITEMNO.152,C.C.P.,9/17/97
administered the Clarkson Center, Inc. In response to the above stated Common Council
Basically, the program works as follows: communication, I would like to supply your Honorable body
• The Department of Community Development, through with the following information. We in the Department of
the Division of Neighborhoods, will refer homes the City's Community Development have in the past and in the future
Rehabilitation loan program and homes needing emergency appreciate any legislation generated by your Honorable Body
heating services to the Clarkson, Center Weatherization to bring compliance with the NY State Housing and Fire
Program. Prevention Code, which is our charge to enforce.
• Homes in the CBO Rehabilitation Program areas will The Department of Community Development, Division of
receive an average of $2,000 of weatherization, services by the Neighborhood is one arm of that enforcement. Through this
Clarkson Center. Included in those services will be pre- and Division bids are let for Revitalization Contracts to qualified
post- diagnosis of heating efficiencies, as well as monitoring of builders. The Department makes every effort to provide
non-heat related work to bring the home into Housing Quality.; business who are locally based and / or companies with a top
Standards (H.Q.S.). of the line product, the opportunity to provide their product to
• Also, the division, as an eligible referral agency, will refer Contractors who participate in our housing programs.
no-heat emergencies to the Clarkson Center for assistance. Sellmore and Capital windows were the only two (2)
Assistance will be provided within 72 hours by the Clarkson companies, that had a product that appeared in the original
Center to provide heat to the homes referred by the Division of specifications for window replacements.
Neighborhoods. The replacement window specification was revised to reflect
today's technology and as a result of that change two (2)
• All homes participating in this WARM program must be additional suppliers were added which were Phoenix Window
qualified by the division as meeting the HEAP guidelines, which Co. and Alside Window Co. Both Companies requested in
are below the Low - Moderate Section 8 family income writing to be added to our list of suppliers who met
guidelines. replacement window specifications. Upon careful review by
staff of their product line, a recommendation of approval was
• The City/BURA's contribution will be paid through a forwarded to the Director of the Division of Neighborhoods
voucher system with Financial Control of Agencies (FCA). The Interim Deputy Commissioner of Housing. Both Alside and
division will verify all costs vouchered by the Clarkson Center. Phoenix Window Companies' products went beyond our
original specification, and Phoenix Window Company is a
• The WARM program is expected to assist at least 150 locally based company that is minority owned.
households, based upon the appropriateness of the income The request was approved and the replacement window
requirements of the owner, nature and funding commitment(s) specification was revised. The Department of Community
of repairs needed, or an emergency no-heat condition. Development is obligated to provide the best product we can
to the property owners of the City of Buffalo. Alside Window
• Eligible homes will be selected by the division on a first come Co. who's outlet is located at 2475 Walden Avenue,
- first served criteria. Cheektowaga, hires local personnel and does business with
many of the Contractors who participate in our Residential
The WARM program in it's first two years of operation, has Rehab Program.
already assisted 130 households. representing over 170 units. REFERRED TO THE COMMITTEE ON FINANCE
NO.31
Mrs. LoTempio moved: NEWBUFFALOINDUSTRIALPARK
That the above communication from the Commissioner of APPROVALOFCONTRACTFORSALEOFLAND
Community Development dated September 22, 1997, be CREDITORSINTERCHANGE,INC.
received and filed; and Attached herewith is a Contract For Sale of Land by
That the Commissioner of Community Development be, and he and between the City of Buffalo and Urban Renewal Agency
hereby is authorized to release the amount of $200,000.00 of and Creditors Interchange, Inc.
HOME funds which will be matched with $200,000 provided by It is now necessary for Your Honorable Body to set a
the New York State Department of State for a Cooperative date for a public hearing, and to direct the publication of a
Agreement between the New York State Department of State, notice of said hearing. In the interest of time and anticipating
the City and the Clarkson Center, Inc. to provide weatherization that Your Honorable Body is willing to expedite this matter, I
and emergency heating repairs/replacement to approximately have taken the liberty to prepare a Resolution together with a
150 low income Buffalo homeowners. Notice of Public Hearing for your action.
PASSED Forwarded herewith are the following documents:
AYES- 12 NOES- 0 1. Resolution setting Public Hearing
NO.29 2. Notice of Public Hearing
PERMISSIONTOHIRECONSULTANTFOUNTAINPLAZA 3. Resolution approving proposed
DRAINAGEANDSUPPLYRECONSTRUCTION Land Disposition Agreement
The Department of Community Development has 4. Proposed Land Disposition
been advised by the parking lot operator beneath Fountain Agreement
Plaza that water from the Rotary Rink and Pool is migrating After the Public Hearing is held, Your Honorable
through the slab. The situation has been investigated and Body may adopt a Resolution authorizing the Mayor to execute
expansion joints plus the pool supply and discharge link seals the necessary documents for the disposition of the land to
must be reconstructed. Creditors Interchange, Inc.
I, therefore, respectfully request permission to hire a REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AYES- 12 NOES- 0
FROMTHECOMMISSIONEROFSTREETSANITATION NO.35
NO.32 AUDITREPLY-CIDREFUSESERVICE,INC.
RICHARDBARTOLOTTA' SOLIDWASTEDISPOSALAGREEMENT
DIFFERENCEINPAY I have studied the recommendations of the Audit Department
Mr. Bartolotta, a Supervisor of Street Sanitation I in the relative to the Solid Waste Disposal Agreement between the
Street Sanitation Department, has been on workmans' City of Buffalo and C.I.D., and wish to address Audit's
compensation since 07/28/97. Pursuant to the City Ordinance, recommendations.
Chapter 35, Article VI, Sec. 22, each employee is entitled to a I feel that the drop off program is working in regards to slowing
difference in pay allowance under the provisions of the down illegal dumping, yet I agree that the safety net to allow city
Workman's Compensation Law. residents to dump without charge has a hole or two in it.
Therefore, Mr. Bartolotta is entitled to a difference in I accept the Audit's findings on items #1, 2, and 4. Regarding
pay. The normal salary for 10 days - $1173.60. Less item #3, the Sanitation Department would like to place four
deductions for NY STATE - $32.20; FEDERAL - $29.00; tickets in the next user fee bill.
FICA-MED - $89.78 and NY State Retirement - $35.20 for a Before any person can dump at the transfer station, the citizen
total of $186.18 for deductions. Less payment for must produce proof of City residency and one of the printed
Compensation Carrier in the amount of $486.66 for the period tickets for the ability to use the facilities.
of 07/28/97 to 08/12/97 and in the amount of $800.00 for the REFERRED TO THE COMMITTEE ON FINANCE
period of 08/12/97 to 09/07/97. Amount due to employee is NO.36
$906.83 for 29 days. PORTABLETRANSFERSTATION
Payments to continue bi-weekly until employee returns FORDIRECTHAULINGPROGRAM
to work or for 6 months. 90HOPKINS
Mrs. LoTempio moved: The Department of Street Sanitation has budgeted for 75,000
That the above communication from the Commissioner tons of solid waste to be directly hauled to Modern Landfill,
of Street Sanitation dated September 9, 1997, be received and Lewiston, New York.
filed; and In order to accomplish this, we will need to have four portable
That the Comptroller be, and he hereby is authorized transfer stations to haul 50,000 tons directly, with the other
to pay Richard Bartolotta, a Supervisor of Street Sanitation I in 25,000 tons coming from the packers that are directly hauled.
the Street Sanitation Department the amount of $906.83 for As part of our Direct Hauling Program, we are requesting
difference in pay for 29 days. permission to use the city-owned property located at 90
PASSED AYES- 12 NOES- 0 Hopkins Street, as one of our portable transfer station sites for
NO.33 a period of five months.
MARKTALOWSKI May we have Council's permission to use this property?
DIFFERENCEINPAY RECEIVED AND FILED
Mr. Mark Talowski, an Equipment Operator in the FROMTHECOMMISSIONEROFADMINISTRATIONAND
Street Sanitation Department, has been on workmans' FINANCE
compensation since 07/23/97. Pursuant to the City Ordinance, NO.37
Chapter 35, Article VI, Sec. 22, each employee is entitled to a "SNOWINSURANCE"
difference in pay allowance under the provisions of the ITEMNO.162,C.C.P.7/8/97
Workman's Compensation Law. This communication is to follow up on your Honorable Body's
Therefore, Mr. Talowski is entitled to a difference in request for information concerning snow insurance.
pay. The normal salary for 10 days - $1089.00. Less As you will see, in all of the scenarios the City would have
deductions for NYSTATE - $44.78; FEDERAL $89.00; FICA-paid far more in premium over the last 20 years than it would
MED - $83.74 and NY State Retirement - $32.67 for a total of have collected in claims. The "best case" has the City
$250.19 for deductions. Less payment by Compensation paying $1,73 1,000 more in premiums over the 20 year
Carrier in the amount of $800.00 for the period from 07/23/97 period that it receives in claims. The chances of snowfall
to 09/07/97. Amount due to employee is $125.73 for 33 days. consistently exceeding the range of amounts around our
Payments to continue bi-weekly until employee returns average annual inches looks to be slim; and while Mother
to work or for 6 months. Nature is in fact unpredictable, history has to be of some
Mrs. LoTempio moved: value (not to mention global warming...
That the above communication from the Commissioner of For this reason, we would conclude that the purchase of
Street Sanitation dated September 9, 1997, be received and snow insurance is not a good financial decision and would
filed; and not recommend pursuing the matter any further at this time.
That the Comptroller be, and he hereby is authorized to pay I trust this answers your question, and would be happy to
Mark Talowski, an Equipment Operator in the Street Sanitation discuss the matter at your convenience.
Department the amount of $125-73 for difference in pay for 33 'REFERRED TO THE COMMITTEE ON FINANCE
days. NO.38
PASSED CERTIFICATEOFAPPOINTMENT
AYES- 12 NOES- 0 Appointment effective Sept. 19, 1997 in the Department of
NO.34 Administration & Finance, Division of Budget & Management to
MARKBONADONNA the position of Administrative Assistant at the Intermediate
DIFFERENCEINPAY Starting Salary of: $31,400
Mr. Mark Bonadonna, a Streetworker in the Street Diane Boyce, 19 Norman Avenue, Buffalo, NY 14210
Sanitation Department, has been on workmans' compensation REFERRED TO THE COMMITTEE ON CIVIL SERVICE
since 07/24/97. Pursuant to the City Ordinance, Chapter 35, FROMTHECOMMISSIONEROFHUMANSERVICES,
Article VI, Sec. 22, each employee is entitled to a difference in PARKSANDRECREATION
pay allowance under the provisions of the Worker's NO.39
Compensation Law. DIFFERENCEINPAY-JESSECARMICHAEL
Therefore, Mr. Bonadonna is entitled to a difference in Mr. Jesse Carmichael, Assistant Director Substance Abuse,
pay. The normal salary for 10 days - $1008.10. Less began worker's compensation August 12, 1997.
deductions for NYSTATE - $41.56; FEDERAL - $90.00; FICA-Pursuant to the City Ordinance, Chapter 35, Article VI, Sec.22,
MED - $77.11 and NY STATE RETIREMENT - $30.24 for a each employee 'is entitled to a difference in pay allowance
total of $238.91 for deductions. Less payment by under provision of the Workers Compensation Law.
Compensation Carrier in the amount of $757.06 for the period Therefore, Mr. Carmichael is entitled to a difference in pay as
from 07/24/97 to 09/07/97. Amount due to employee is $39.60 follows:
for 32 days. Deductions: $ 204.00 Federal
Payments to continue bi-weekly until employee returns 70.00 State
to work or for 6 months. 124.39 FICA & Medicare
Mrs. LoTempio moved: 48.78 NYS Retirement
That the above communication from the Commissioner $447.17
of Street Sanitation dated September 9, 1997, be received and
filed; and Employee is entitled to $1626.05 - $447.17. less worker's
That the Comptroller be, and he hereby is authorized compensation of $800.00 per pay period.
to pay Mark Bonadonna, a Streetworker in the Street Sanitation Mr. Carmichael is owed $378.88 per pay period.
Department the amount of $39.60 for difference in pay for 32 Mrs. LoTempio moved:
days. That the above communication from the
PASSED Commissioner of Human Services, Parks and Recreation
dated September 23, 1997, be received and filed; and Motor Vehicles law would have to be changed. No city program
That the Comptroller be, and he hereby is authorized could over-ride state law.
to pay Jesse Carmichael, Assistant Director Substance Abuse REFERRED TO THE COMMITTEE ON LEGISLATION
in the Department of Human Services, Parks and Recreation in NO.42
the amount of $378.88 for difference in pay per pay period from CERTIFICATEOFAPPOINTMENT
August 12, 1997. Payments to continue bi-weekly until Appointment Effective September 22,1997 in the
employee returns to work for six (6) months. Department of Human Services, Division of Parks
PASSED to the position of Park Utility Worker, Permanent, at the
AYES- 12 NOES- 0 Maximum starting salary of $28,425
NO.40 Kevin Della Penta, 208 Lisbon Avenue, Buffalo 14215
ENFORCEORD.AGAINSTPLACINGSIGNSONTREES Steven Marasco, 88 Dakota, Buffalo 14216
#173C.C.P.SEPT.16,1997 Michael Niedziela Jr., 350 Gold, Buffalo 14206
I have been asked to respond to the REFERRED TO THE COMMITTEE ON CIVIL SERVICE
above-referenced matter. NO.43
Several phone calls were received by my office CERTIFICATEOFAPPOINTMENT
regarding political signs on trees and on park land. Appointment Effective: September 15, 1997 . .
In response to those complaints, I have instructed all in the Department of Human Services, Parks & Recreation,
parks personnel to remove any and all political and non-Division of Substance Abuse Services, to the Position of Case
political (garage sales, yard sales etc.) signs that are on trees Manager: Temporary, at the intermediate starting salary of
or in parks or on park land. I have asked the major $26,761.00
candidates to remove all political signage flit was placed on Cleveland R. Kirkland 148 Norwalk Ave.,Buffalo 14216
trees or on park land. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
I have instructed my office to notify all political FROMTHECOMMISSIONEROFGENERALSERVICES
candidates, and political parties of the ordinance and to NO.44
instruct their over zealous workers of the importance of this CERTIFICATEOFAPPOINTMENT
statute. Our employees will also be asked to notify any office Appointment Effective September 15, 1997, in the Department
of the candidatesviolatingtheordinance General Services, Division of Inventory and Stores to the
.
Position of Sr. DupIicating Mach. Operator,.
RECEIVED AND FILED
Provisional, at the: Intermediate Starting Salary of $29,875.00
NO.41
Arthur Pepe Jr., 59 Hillery St., Buffalo, NY 14210 REFERRED
ABUSEOFDISABLEDPARKINGSPACES
TO THE COMMITTEE ON CIVIL SERVICE
CCP141,SEPTEMBER2,1997
FROM THE CIVIL SERVICE COMMISSION
In response to item 141, C.C.P. September 2,
NO45
1997, please be advised that this resolution was brought
[REQ.COURTS-HALTDELAYS
before the Mayor's Advisory Committee for Persons with
RESIDENCYLAWBREAKERS]
Disabilities. While the committee applauded Mr. Quintana's
[ITEM#131CCP9/2/971
efforts to curb the abuse of disabled parking, there were
The Civil Service Commission recognizes the common
several issues that concerned them
interest in enforcement of residency requirements for city
1) The proper terminology for this issue is
employees.
actually Reserved Spaces for Persons with
The Commission is handling these issues with
Disabilities;
expediency and we rely on the Corporation Counsel for their
2) The use of photographs on the permits are
opinion concerning any legal matters or issues.
unacceptable. From the perspective of
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
disabled individuals, there is a security issue.
NO.46
While individuals of both sexes would be
[FAMILYMEDICALLEAVEACT]
identified as disabled and therefore become
ITEM#134CCP9/2/97]
easier targets for criminal activity, this is a
Please be advised that the Civil Service
special concern for disabled women who
Commission has no jurisdiction over the Family and
could become victims of rape, violence, or
Medical Leave Act.
harassment.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
All parking permits issued for NYS have to be
3)
signed by a licensed doctor. In addition, the
FROMTHECITYCLERK
doctor's license number must be on the
application form. To try and add burden to
NO.47
people with disabilities by designating specific
AUTOALLOWANCE
doctors would impose an undue hardship.
The following departments have filed the required
4) The issue of abuse rests with poor
certificate relative to the granting of automobile transportation
enforcement procedures. From the
allowances for employees in their respective departments:
perspective of the police, this is a low priority
Public Works-Robert Coniglio, Thomas LoTempio
crime. From the perspective of parking
RECEIVED AND FILED.
enforcement, to enforce this issue is both time
consuming and difficult to discern because
NO.48
many disabilities are "hidden' disabilities that
LIQUORLICENSEAPPLICATIONS
are not apparent (e.g. heart disease, epilepsy,
Attached hereto are communications from persons applying for
multiple sclerosis, herniated discs)
liquor licenses from the Erie County Alcohol Beverage Control
5) The Mayor's Advisory Committee already has
Board.
a sub-committee on parking for persons with
Address Business Name Owner's Name
disabilities. To formulate a Task Force would
1598 Bailey Avenue Dippy's Roger DiPirro
provide input to the Common Council but
3057 Main Street Mickey Rat's Ha-Ha-Ha, Inc.
would create a duplicate effort. We remain
775 Perry St. Richies Double Play Inc. Richard E. Kohl
concerned because people without disabilities
1 Letchworth St. Club Ore Vincent Rozewicz
seem to think that people with “ permits are
1269 Fillmore Ave. Lee's Lounge Ledell Smith
lucky” since they get to park free or so close to
RECEIVED AND FILED.
places where they work or shop. Most people
with legitimate permits would give them back if
NO.49
they could have there health back in return.
LEAVESOFABSENCEWITHOUTPAY
6) A Pilot program could be developed in the City
I transmit herewith notifications received by me, reporting the
of Buffalo requiring all persons with disabilities
granting of the leaves of absence without pay, in the various
to have photo identification with the permit
departments as listed:
number on it. People who park in Buffalo with
Public Works- William M. Finnegan, Tbomas M. Crowe
permit from out of town would have to register
Police- Jenyne Langborne
with the Advocacy Office for Person's with
Community Development- Ronald Empric
Disabilities and have a picture identification
Administration and Finance- Robert Schmarder
card to be produced on request. If such a
Human Services, Parks/Recreation- Jacqueline M. Gonser
Pilot program is started it would require
RECEIVED AND FILED.
material and clerical staff assigned to -the
Advocacy Office.
NO.50
Finally, to be effective in curbing abuse, the New York State
REPORTSOFATTENDANCE DEPARTMENT OF HUMAN SERVICES, PARKS AND
I transmit herewith communications received by me, from the RECREATION
various boards, commissions, agencies and authorities Appointment effective September 16, 1997 in the Department
reporting the membership attendance at their respective of Human Services, Division of Recreation, to the position of
meetings: Fee Collector, Seasonal, Non-Competitive, at the flat starting
Buffalo Sewer Authority salary of $5.15/hr
City Planning Board Aaron Borczynski, :33 Gatchel, Buffalo 14212
RECEIVED AND FILED. William Hart, 91 Portland, Buffalo 14220
Kathleen Wachowicz, 81 Barnard, Buffalo 14206
NO.51 DEPARTMENT OF GENERAL SERVICES
NOTICESOFAPPOINTMENTS-COUNCILINTERNS Appointment Effective in the Department of General Services,
I transmit herewith appointments to the position of Council Division of Inventory & Stores to the position of Clerk,
Intern. Permanent, at the minimum starting salary of $21,917.
Mrs. LoTempio moved the approval of the appointments to the Kathryn Barker, 9 Pine Harbor Walk, Buffalo, NY 14201
position of Council Intern.
ADOPTED. NO.53
Appointment Effective: September 24, 1997 in the Department APPOINTMENTS-TEMPORARY,PROVISIONALOR
of Common Council Division of to the Position of Intern IV, PERMANENT
Seasonal, Non-Competitive, at the Flat Starting Salary of: $6.00 I transmit herewith Appointments in the various departments
per hr. made at the Minimum (Temporary, Provisional or Permanent)
Sheila Bulluck, 38 Orchard Pk, Buffalo, 14214 and for Appointments at the Maximum (as per contract
requirements) .
NO.52 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT DEPARTMENT OF PUBLIC WORKS
I transmit herewith certificates received by me, Appointment effective July 7, 1997 in the Department of Public
reporting seasonal and flat salary appointments made in Works, Division of Engineering to the position of
various departments. Communication Specialist, provisional, at the minimum starting
RECEIVED AND FILED. salary of $25,421.
DEPARTMENT OF STADIUM AND AUDITORIUM Michael Agostino, 44 Tacoma Avenue, Buffalo, NY 14216
Appointment Effective: September 22, 1997 in the Department DEPARTMENT OF POLICE
of 61-Stadium and Auditorium, Division of 1-North AmeriCare Appointment Effective September 15, 1997 in the Department
Park to the Position of Laborer II, Seasonal Non-Competitive at of: Police to the Position of: Civilian Public Safety Dispatcher,
the: Flat Starting Salary of: $6.92 Permanent, at the Minimum Starting Salary of. $25,146
Russell Olivieri, 50 Pavonia Street, Buffalo, 14207 Karla A. Rainville, 167 Taunton Place, Buffalo, NY 14216
DEPARTMENT OF STREET SANITATION Patricia A. Hauser-Petricca, 1016 Tifft St., Buffalo, NY 14220
Appointment Effective: September 22, 1997 in the Department Deborah L. Kufel, 369 W. Delavan Ave., Buffalo, NY 14213
of Street Sanitation to the Position of Seasonal Laborer II, Non-Debra A. Drzazga, 390 McKinley Parkway, Buffalo, NY14220
Competitive, at the Flat Starting Salary of $6.92 hr. Appointment Effective September 22, 1997 in the Department
Diane M. Banyi, 22 Elgas Street, Buffalo, NY 14207 of Police to the Position of: Report Technician, Contingent
Mashi J. Booth, 373 E. Utica Street, Buffalo, NY 14208 Permanent, at the Minimum Starting Salary of $ 23,705
Daniel J. Chapman, 432 Richmond Ave., Buffalo, N.Y. 14222 Sherry A. Holtz, 62 Seminole Parkway, Buffalo, N Y 14210
Charles T. Cirringione, 62 Alden Avenue, Buffalo, NY 14216
William S. Coke, 18 Gibson Street, Buffalo, NY 14206 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
Russell A. Cottone, 56 Manchester Place, Buffalo. N.Y. 14213 REMONSTRANCES
Walter Cromer, 37 Burgard Place, Buffalo, NY 14211
Jack Eskridge, 61 Whitney Place, Buffalo, N.Y. 14201 NON-OFFICIALCOMMUNICATIONS
Irving L. Fowler, 208 Best Street, Buffalo, NY 14209
Howard J. Goumundo, 439 Forest Avenue, Buffalo, NY 14213 NO.54
Charles A. Guagliano, 181 Congress, Buffalo, N.Y. 14213 S.BARNES
Shirley D. Jackson, 298 Riley Street, Buffalo, NY 14208 REQUESTRENOVATIONS,ETC.106WAKEFIELD
Deana M. LoVallo, 12 Wellington Road, Buffalo, NY 14116 PUBLICHEARING
Jeffrey J. Mathewson, 454 Breckenridge, Buffalo, N.Y. 14213 I have no where else to turn for help but to the Common
Gerald McClinton, 169 Landon Street, Buffalo, NY 14208 Council.
Michael J. Moran, 232 Ideal Street, Buffalo, NY 14206 I have been trying to no avail to have the property I own at 106
Elizah Melton, 297 Mills Street, Buffalo, New York 14211 Wakefield renovated, sold or demolished.
Norman Ross, 17 Durham Avenue, Buffalo, N.Y. 14215 I am currently in Housing Court with Judge Broderick and I am
Michael F. Sacilowski, 161 Weiss Street, Buffalo, NY 14206 in fear that I will be sent to jail. Judge Broderick's attitude
Dennis M. Slomba, 190 O'Connell Avenue, Buffalo, N.Y. 14210 toward individuals personal strife is of no consequence to him
John Thomas, 38 A Altruria St, Buffalo, NY 14220 in any manor. He is extremely rude and talks to people as if
Francis Tobin, 260 Benzinger, Buffalo, N.Y. 14206 you are dirt beneath his feet.
Paul A. Ventola, 1012 West Avenue, Buffalo, NY 14213 I am unable to continue to maintain the property, because
Leonard P. Wackowski, 1310 Bailey Ave., Buffalo, NY 14206 people of the neighborhood continuously destroy the repairs I
Barrett A. Ward, 106 Wellington Road, Buffalo, NY 14216 make. The individuals in the area are selling drugs, according
Appointment Effective: September 18, 1997 in the Department to the police they are unable to enforce that area against the
of Street Sanitation to the Position of Seasonal Laborer II, Non-drug dealers.
Competitive, at the Flat Starting Salary of: $6.92 hr. I have contacted the Mayors' Task Force, Fillmore-Leroy Area
Thomas Banko, 2040 Mineral Springs Rd., Buffalo, N.Y. 14210 Residents, Inc, Buffalo Habitat for Humanity, Catholic Charities
Victor M. Getz, 25 Knox Avenue, Buffalo, NY 14216 other community groups offering to donate the house to any
Michael D. Lane, 67 West Winspear, Buffalo, NY 14214 non-profit organization but no one was interested because of
Salvatore A. LoDestro, 21 Rosedale Street, Buffalo, NY 14207 the location. I can no longer afford to repair the property.
Willie Pennyamon, 24 Paderewski, Buffalo, NY 14212 PLEASE HELP ME!!!!!!!!!!!
Carl Rizzo, 142 Dorchester Rd., Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON FINANCE,
Dennis Vitale, 143 Saranac Avenue, Buffalo, N.Y. 14216 COMMISSIONER OF COMMUNITY DEVELOPMENT AND
Appointment Effective September 25, 1997 in the Department CORPORATION COUNSEL.
of Street Sanitation to the Position of Seasonal Laborer II
Non-Competitive, at the flat starting salary of $6.92 hr. NO.55
Rubin Batista, 997 West Avenue, Buffalo, N.Y. 14213 BEDC
David Smiley, 50 Brunswick Blvd., Buffalo, NY 14208 1997-1998BUDGET
Donald B. Pieczynski, 17 Krakow Street, Buffalo, NY 14206 Pursuant to the Charter and ordinances of the City
DEPARTMENT OF ADMINISTRATION AND FINANCE of Buffalo, Article IV - City Development Agencies - Section 6
Appointment Effective September 22, 1997 in the Department 22, we are hereby submitting a copy of The Buffalo Enterprise
of Administration and Finance, Division of Parking Development Corporation Budget for the fiscal year
Enforcement to the Position of Parking Enforcement Officer, commencing June 1, 1996.
Seasonal, Non-Competitive at the Flat Starting Salary of: Please be advised that the BEDC Board of Directors approved
$6.22/hr. the budget at its June 25, 1997 meeting and the BURA
Christopher M. Dipasquale, 126 Commonwealth Ave.,Buffalo approved the work program/budget at its September 25, 1997
14216 meeting.
REFERRED TO THE COMMITTEE ON COMMUNITY laugh in our faces-then we willlaugh also. I do not think it will
DEVELOPMENT. be that funny to any of you.
We implore you to hold the hearing soon, prior to election as
NO.56 voters need to assess where their vote need to be cast As
L.BROOKS human beings, we are tired of the passivity and political side
REQUESTPURCHASEOFPROPERTY- steps. As African Americans and other people who have been
105&113MULBERRYSTREET targeted by those rogue cops and a corrupt administration, we
My name is Llord Brooks, and I live at 111 Mulberry demand to be heard.
Street in the Ellicott District. As recently as last night, a As in the voting melee, we know there was a conspiracy
gentleman was shot on a property adjacent to my property. It against targeted people. Police brutality and police misconduct
has been an on going problem of dog fights and individuals is the conspired brainchild of these same types of power do
going across my property. anything to get , people. This must change and we must
I am requesting at this time, that because these two empower the people to fight back, and change, the way
properties by themselves are not large enough to construct business is presently being done to the way it should be dorm.
houses on, that I would like to buy them from the City of Buffalo We request that BPD Commissioner Kerlikowske, PBA
and Community Development. The two properties are 113 President Meegan, Mayor Masiello, Internal Affairs, all precinct
Mulberry Street (Owned by the City) and 105 Mulberry Street supervisors be requested to attend and listen to residents
(Owned by Community Development). complaints. We also request that the FBI Director, Mr., Doyle
I am a homeowner who has chose to remain in the attend.
City, and I am committed to this area. The reason that I want to Your prompt response will be greatly appreciated.
purchase this property is that I want to construct a fence REFERRED TO THE COMMITTEE ON LEGISLATION,
around the area that would help prevent the type of problems CORPORATION COUNSEL, AND COMMISSIONER OF
that occurred last night. Any assistance that you can offer that POLICE.
would allow me to purchase these properties would be greatly
appreciated. NO.59
REFERRED TO THE COMMITTEE ON FINANCE, ERIECOUNTYLEGISLATURE
CORPORATION COUNSEL, COMPTROLLER, COUNTYMUNICIPALCONSOLIDATIONCOMMITTEE
AND COMMISSIONER OF COMMUNITY DEVELOPMENT. REQUESTCITYPLANSFOR
DEMOLITION/REDEVELOPMENT
NO.57 Attached please find a resolution from the Erie
BUFFALOMUSEUMOFSCIENCE County Legislature requesting the appearance of Alan DeLisle
LEASEFORTIFFTNATUREPRESERVE, at their Finance and Management Committee meeting to
ITEM#182,C.C.P.SEPTEMBER16,1997 present the City's plans for demolition and redevelopment along
We are in receipt of the above referenced resolution and thank Buffalo's shared municipal borders with other County towns
you for your consideration. It was our privilege to take over the and villages.
responsibilities of operating this important preserve from the REFERRED TO THE COMMISSIONER OF COMMUNITY
non-profit organization, Tifft Farm, Inc., in 1982. As the DEVELOPMENT.
resolution notes, the original 20 year City of Buffalo lease for
the operation of this nature preserve has recently expired. NO.60
Tifft Nature Preserve is a highly significant entity for it records K.GEMEREK
important aspects of Buffalo's heritage as the leading Great REQUESTINVESTIGATIONOFBUFFALOSEWER
Lakes port and of the success that the people of Buffalo have AUTHORITY
had in regenerating the site as a popular center for outdoor Attached please find a letter from K. Gemerek
recreation and enviromental education. Tifft proves that land requesting an investigation into the operations of the Buffalo
once considered useful only for waste disposal can and will Sewer Authority.
come back to nurture many species of plant and animal life if RECEIVED AND FILED.
provided with good planning and careful on-going management.
Tifft's success has made it a model known across North NO.61
America and around the world. W.HEIN&CO-
We are especially pleased that the South Buffalo Development ILLEGALCUTTINGOFTREES
Plan has taken a comprehensive look at the entire area and that TREEPLANTINGCONTRIBUTION
Tifft can and will make a significant contribution to the NO.178,CCP,9/16/96
successful implementation of important aspects of that I am writing in regard to our conversations of September 12,
document. and September 19, 1997. This letter is to confirm our
On behalf of the Society's Board of Managers, our Tifft acceptance of your offer on the 12th to plant a few trees at the
Advisory Committee and our staff, please be assured that the expense of William S. Hein & Co., Inc. on behalf of the city and
Buffalo Society of Natural Sciences desires to continue its to help beautify the area. We also look forward to discussions
management role at Tifft and stands ready to discuss a new with the Costello family as a good neighbor to help rectify this
operating lease with the officials of the City of Buffalo. This is situation and move forward. However, we have been told by
an important partnership that will benefit future generations of the Costellos not to contact them and have had no contact from
Buffaloeans and their Niagara Region neighbors. them since September 5, 1997.
REFERRED TO THE COMMITTEE ON FINANCE. William S. Hein & Co., Inc. has long been a model Buffalo
business. Since its inception in the early 1960s, the company
NO.58 has maintained its offices in the city of Buffalo. Over the last
CCAPA four decades, Hein has acquired four businesses that were
REQUESTPUBLICHEARINGSONPOLICEBRUTALITYdestined either to close or to be sold and moved. These are
ANDMISCONDUCT the Nebrich Book Bindery (1977); the Dennis Publishing
POLICEBRUTALITYHEARINGSINCOUNCILCHAMBERS Company (1983); the Acme Book Bindery (1985); and Metro
Concerned Citizens Against police Abuse and many residents , Storage Center (1991). Together with the assimilation of these
again, request a public hearingin council chambers on issues Buffalo companies, our actual historical roots now extend back
of police brutality and police misconduct. to the turn of the century. Over those same years, the
It is apparent from numerous reports by residents of all company has repeatedly acquired old and abandoned inner-city
ethnicities that there continues to be major problems of how property -- totaling now fourteen separate lots on the city's
policing is being practiced by too many officers in the property tax system. The cost of acquiring these properties,
community- But of particular concern is the disproportionate and their renovations have totaled nearly $3 million. Today, our
involvement in the African American community. The residents property taxes alone exceed $75,000.00 to the City of Buffalo.
of this city are becoming more disenchanted with the politics of Two fine examples of work we have done within the city are (1)
the status quo, and so are we. the work that we have done in our parking lot at the comer of
Police misconduct and police brutality shall not be tolerated and Main and Northampton Streets, and (2) the purchase of the
the message and demands will get louder and more aggressive vacant Burke Security Building. The Main and Northampton
if all officials and leaders in this city do not listen to what those comer lot was originally occupied by Root Car Mart, Inc. which
who have been victimized left defenseless, and other was burned in 1978 -- I am enclosing a copy of the newspaper
supporters are saying. If they have the guts article for your reference. Our company purchased the lot,
As politicians you all have a fierce need to survive. ..so do renovated the land by adding landscaping and planting ten
residents of all communities As we stand accountable for our trees to beautify the neighborhood. For our work that year, we
deeds so must all of you Stand accountable for your deeds or received recognition from the Mayor's office. Within the last
shall we say misdeeds? If this injustice for justice continues to two years, we acquired the old Burke Security building. This
building was vacant for approximately eight years and NO.63
nonincome-producing for the city. The building was purchased L.KINGSTON
by William S. Hein & Co., Inc., re-sided, renovated, and the RESIGNATION-BNRC
comer parking lot of Main and Ferry Streets was repaved. I In reference to your letter of September 16, 1997 regarding the
invite you to visit these two properties to show you the work that Annual Statement of Financial Disclosure, please be advised
we have done within the City of Buffalo. that I resigned from the BNRC on November 25, 1996. 1 have
Our company has grown from employment numbered in the attached a copy of that letter for your file.
mid-teens to 115 employees -- many of whom are residents of Please update your records accordingly.
the City of Buffalo. The properties that we have acquired are RECEIVED AND FILED.
being used to operate our business. When unable to utilize a
facility, we have donated the property to various charitable NO.64
organizations. For more than eight years, we provided a LIVINGWAGECAMPAIGN
building at 1275 Main Street and helped fund the Biblical Attached, please find listing of tasks completed relative to the
Library of Buffalo, which was the first non-profit public religious WNY Living Wage Campaign. Also, please find current listing
library in the country. Today, we provide rent-free and utility-of endorsing groups.
free offices for the Christians Tapes for the Disabled, and rent-Additional information available from two primary conveners of
free facilities for Hearts for the Homeless, a nonprofit the WNY Living Wage Campaign:
organization providing clothing and furniture to needy people Citizen Action of New York 433 Franklin Street
within the Ellicott District. We have been a supporter of the Buffalo, New York 14202 (716) 884-4033
Buffalo Police, the Buffalo Fire Department, the City Mission, Jamir Floyd, Director
and most recently, we donated to the Belmont Shelter Coalition for Economic Justice 2123 Bailey Avenue, Buffalo,
Corporation, in support of their Neighborhood Beautification New York 14211 (716) 894-2013
Day, the amount of $250.00 (copy of the president's letter to us Joan Malone, Director
for your convenience). We have also been a good neighbor to REFERRED TO THE COMMITTEE ON LEGISLATION.
local businesses, purchasing many of our supplies from
companies in Buffalo. We have worked with Canisius College NO.65
by donating several thousand of dollars worth of books upon MARINEMIDLANDARENA
the opening of the Frank Raichle PreLaw Center and have CROSSROADSARENA
continued to support Canisius in many ways (copy of thank you OPERATINGAGREEMENT
letter enclosed). This letter shall constitute notice to the Principal Public
Mr. Franczyk, as you will note from the examples cited above, Participants (as defined in the Operating Agreement) pursuant
our company has worked diligently not only to expand its to Section 3.02A of the Operating Agreement of a proposed
employment in Buffalo and to improve and renovate properties, License Agreement between Crossroads Arena LLC and
but also to support local charities and non-profit organizations Buffalo Sports Enterprises, Inc. for the playing of Arena
whose interests lie in helping the citizens of the City of Buffalo. Football games at Marine . Midland Arena, commencing in
I would like to express our dismay and concern over the 1999. In accordance with Section 3.02A of the Operating
handling of this situation. We have recognized from day one, Agreement, each Principal Public Participant shall be deemed
our responsibilities. We remain confident that we can work out to have consented to the enclosed agreement unless such
an arrangement acceptable to the Costellos. We are not Principal Public Participant has delivered to Crossroads Arena
surprised at the treatment we received from the Buffalo News -- LLC, within 30 days after its receipt this notice, a written
even though the story did contain several factual details among objection to such agreement identifying commercially
its inaccuracies -- I know their job is to sell newspapers. reasonable or significant public policy reasons for such
However, we are concerned with the treatment we have objection.
received from the Common Council. We are disturbed with the REFERRED TO THE STADIUM/AUDITORIUM TASK
use of language such as "shockingly", "savagely", "ruthless", FORCE.
and the insinuation in the resolution that our intent is/was
criminal and to vandalizethe Costello's property. While one NO.66
could argue that these may be impressions that you would F.O'BRIEN
receive, we feel that the resolution has unfairly put William S. MEMBER-BUFFALOPARKINGBOARD
Hein & Co., Inc. in a poor light and certainly led to the television Attached please find a letter from F. O'Brien indicating that he
coverage of Channel 7 on September 12, 1997. More is no longer a member of the Buffalo Parking Board.
importantly than the language, however, we were extremely RECEIVED AND FILED.
dismayed that our own Common Council would file a resolution
so quickly without the courtesy of at least a phone call or visit to NO.67
our property to inquire about the company's position regarding ORIOLEMANAGEMENT
this situation. This, especially in light of the fact that we have OPPOSEPLANTINGOFTREES-
been a major supporter of the City of Buffalo in every way 53&161ELMWOODAVENUE
possible. No resolutions had been filed for the company for its Oriole Management, Inc. owns the properties located at 153
beautification process; for William S. Hein & Co., Inc. being a Elmwood Avenue and 161 Elmwood Avenue, in the City of
model business and continuing to stay in the City of Buffalo. Buffalo. It came to our attention that an effort is being made to
No resolution was passed when we opened our doors to the have trees planted in front of the properties at this portion of
Buffalo Police and allowed them to use our parking lot, the focal Elmwood Avenue.
point during the abortion protests, and provided complimentary We strongly oppose having trees planted in front of these two
coffee for the Erie County Sheriffs and Buffalo Police. addresses for several reasons. This property is one of the very
Mr. Franczyk, William S. Hein & Co., Inc. has had the financial few properties in this area with off street parking. The two
wherewithal to continue to operate its businesses within the businesses that operate at these addresses have considerable
City of Buffalo. There is an added cost to doing business in vehicular traffic. We are concerned with having to contend with
Buffalo -- increasing property taxes, garbage taxes, elevator the obstruction of these trees.
fees -- which we have continued to absorb. At least five to six From the owners perspective we too foresee problems with
times a year, we are solicited to either move our business out of these trees. When we purchased this property, about four
state or to a neighboring community within Western New York, years ago, we had to deal with very considerable damage, that
usually enticed with long-term tax exemptions and reduced was caused by tree roots. In several places roots grew up and
utility costs, and our loyalty to the city remains. We only ask broke the blacktop paving. Roots were also responsible for
your help in putting this unfortunate situation behind us and severe damage to the sewer lines. The repairs to these
acting reasonable in both the interest of William S. Hein & Co., problems cost us over $20,000.00.
Inc. and the City of Buffalo. Trees start out small; but, they do grow. We plan to own this
REFERRED TO THE COMMITTEE ON LEGISLATION. property for a long time. We do not want to be subjected to
potential future damage by the addition of trees on our property.
NO.62 I am asking you to take whatever steps are necessary to block
D.KARLINSKI the planting of these trees on our two properties. Please give
RESIGNATION-BOARDOFHUMANRELATIONS this request your consideration and please contact me as to
I, Daniel A. Karlinski, respectfully submit my your decision on this matter. Thank you for your anticipated
resignation from the Board of Human Relations. cooperation.
There have been no meetings scheduled for over a REFERRED TO THE COMMITTEE ON LEGISLATION,
year and I had assumed that the Board was disbanded. COMMISSIONER OF HUMAN SERVICES, PARKS AND
RECEIVED AND FILED. RECREATION AND COMMISSIONER OF COMMUNITY
DEVELOPMENT.
in restaurant.
NO.68 REFERRED TO THE COMMITTEE ON LEGISLATION, THE
PARKERBAYCONSULTANTS CITY PLANNING BOARD AND THE COMMISSIONER OF
RESPONSE-SOLIDWASTECOMPOSTINGAGREEMENT COMMUNITY DEVELOPMENT
#5CCPSEPTEMBER2,1997 NO.78
Attached please find a letter from the Parker Bay G. PHILLIPS & OTHERS
Consultants in response to the solid waste composting PETITIONAGAINSTNATURALENVIRONMENTAL
agreement on file in the City Clerk’s Office. Attached please find a petition from George W.
REFERRED TO THE COMMITTEE ON FINANCE. Phillips and others requesting that the City take action against
Natural Environmental to discontinue and prevent destruction
NO.69 of property and risk to health.
ROSWELLPARKMAJORMODERNIZATIONPROGRAM REFERRED TO THE COMMITTEE ON COMMUNITY
M/WBEMINORITYPARTICIPATION DEVELOPMENT, COMMISSIONER OF PUBLIC WORKS,
Enclosed please find information regarding minority AND NEW YORK STATE DEPARTMENT OF
participation statistics and a current project progress overview. ENVIRONMENTAL CONSERVATION.
If you have any questions about this report do not hesitate to CLAIMSCOMMITTEE.
call our office. Thank you. HON.BONNIEKANE-LOCKWOOD.
RECEIVED AND FILED. CHAIRMAN
NO.79
NO.70 COMPROMISEANDSETTLEMENTOF
J.SANDORO ACTIONSFORPERSONALINJURY
REQUESTREMOVALOFSIGNFOREXIT5 That, upon the recommendation of the Acting
Attached please find a communication from J. Sandoro and his Corporation Counsel, the following actions for personal injury
reasons why the sign should be removed on file in the City arising out of alleged negligence on the part of the City, be
Clerk’s office. compromised and settled:
RECEIVED AND FILED. A- 1 . Paul Diamond $15,000.00
A- 2. Richard J. Giambra $3,500.00
NO.71 A- 3. Andre L. James $4,500.00
CITYAPPROVALFORSTREETBANNERS A- 4. Bettye Lawson $317.40
The United Way of Buffalo & Erie County is requesting city A- 5. Marian R. Moshides, Athena M. Moshides and
approval to hang two white vinyl banners; one across Delaware Stephanie A. Moshides $8,000.00
Avenue near Chippewa (or across Chippewa near Delaware) A- 6. William G. Moss $55,000.00
and the other across Niagara Square. We would like the A- 7. James Mrozik $6,000.00
banners to hang from street light standards, to be determiner That checks be drawn on the account of 81-2 General
by the Street Lighting Office, from October 1 - November 1. City Charges 100-812-000-00-809 Judgment and Claims Prior
The banners will be produced to meet all specifications outlined Years, payable to the respective claimants or plaintiffs and their
by David Granville's office. A certificate of insurance in the attorneys, if any, hereinabove named, in the amounts set
amount of $1,000,000 has been secured. If you need more opposite their names and delivered to them upon execution and
information, please contact Tracy Reed at 887-2719. Please delivery to the Corporation Counsel of proper releases and
consider this request for approval at the Common Council closing papers.
meeting on Tuesday, September 30. Thank you, PASSED
Mrs. LoTempio moved: AYES- 12 NOES- 0
That die above communication from the United Way of NO.80
Buffalo & Erie County dated September 23, 1997, be received PROPERTYDAMAGE
and filed; and That upon the recommendation of the Acting Corporation
That the United Way of Buffalo & Erie County is Counsel, and the appropriate City Department, the following
granted permission to display two (2) white vinyl banners: one actions and claims for damage to property caused by alleged
across Delaware Avenue near Chippewa (or across Chippewa negligence on the part of the City be compromised and settled:
near Delawan-) and the other across Niagara Square, from B-1 Sameer Arafat
October 1 - November 1, 1997, with conditions as set by the Claim for damage to a 1993 Dodge which
Department of Public Works. occurred on 6/23/97 on Germain Street. Mr.
PASSED. Arafat and his witness claim that the lifter
AYES-12. NOES-0. working for the Department of Street
Sanitation threw one of the garbage cans and
PETITIONS damaged his vehicle $361.80
NO.72
Len Co Lumber Corp, owner petition to use 1411 Seneca for a B - 2. ASAP Delivery Service, Travelers Insurance Company
billboard sign. A/S/O
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Claim that a City snow plow threw ice and slush onto their
CITY PLANNING BOARD AND THE COMMISSIONER OF vehicle on Bailey near William and Dingens Streets. $507.00
COMMUNITY DEVELOPMENT. B - 3. Colonial Foam Company
NO.73 Claim for water damage to property and contents of claimant's
Cousins Enterprises, Inc., owner petition to use 31 Stone for a business on Hamburg Street on 12/9/95 . $ 12,500.00
billboard sign. B - 4. Connie DelGiorno, Margaret Tornasello & New York
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Central Mutual Insurance Co., A/S/O
CITY PLANNING BOARD AND THE COMMISSIONER OF Claim filed by claimants and their homeowners insurance
COMMUNITY DEVELOPMENT. company for property damage at 423 Prospect Avenue on
NO.74 5/1/97. A large City tree fell on the fence and house.
Ronald A. Lucchino, owner, petition to use 933 Elmwood for a 1.)New York Central Mutual Insurance Co. $ 2,497.32
sit-in restaurant. 2.) Connie DelGiorno and Margaret Tomasello $ 3,200.00
REFERRED TO THE COMMITTEE ON LEGISLATION, THE B - 5. Keith Dunn
CITY PLANNING BOARD, AND THE COMMISSIONER OF Claim for damage to a 1987 Ford Mustang while it was in the
COMMUNITY DEVELOPMENT care, custody and control of the City of Buffalo at the
NO.75 Tonawanda Street Impound Garage. On 4/20/97 during the
LaFarge Corp., owner, petition to use 575 Ohio St. for a night person(s) unknown did break the window and damage the
driveway. door, fender and other parts of the vehicle while
REFERRED TO THE COMMITTEE ON LEGISLATION, THE gaining entry. $97837
CITY PLANNING BOARD AND THE COMMISSIONER OF B - 6. Harvey Jones
COMMUNITY DEVELOPMENT Claim for damage to clothing and boots of claimant who is an
NO.76 employee of the Department of Street Sanitation. While
Western Regional O.T.B. Corp., owner, petition to use 969 standing in front of a trash pile at 534 Herman Street the hi-lift
McKinley. for a pole sign. clammed the pile and paint sprayed all over his clothing and
REFERRED TO THE COMMITTEE ON LEGISLATION, THE boots. $137.13
CITY PLANNING BOARD AND THE COMMISSIONER OF B - 7. Christine K. Kuszniaj
COMMUNITY DEVELOPMENT Claim for damage to the undercarriage of a 1982 Pontiac on
NO.77 South Park Avenue near Lee Street. The Division of Water
Thomas M. Shea, owner, petition to use 2272 Seneca. for a sit-had told PVS Chemicals about a leak on their waterline.
$214.50
Subsequently it was determined that the leak was on the City Claim for payment of prior fiscal year Invoice 514869590101 of
main. Ms. Kuszniaj hit a loose water cover in that 6/7/97 for shipping charges on PO#I 1527630 for services
area. $392.19 rendered to the Police Department. $100.00
B - 8. Edward Lipinoga C- 9. Leslie Ann Gray
Claim for damage to property at 74 Haven Street on 4/23/97. Claim for payment of various prior fiscal year invoices for film
Acting on information supplied by an informant, the Narcotics and film processing in the Fire Department. Ms. Gray
Squad broke into this house looking for cocaine sales. Nothing purchased the film and developed the film for the annual report
was found. Two doors were damaged during entry. book and is requesting reimbursement. $94.88
Subsequently the informant admitted to the Police that he had C- 10. Hiscock & Barclay, Attorneys
lied about this property. $500.00 Claim for payment of prior fiscal year Invoice 72882/709838 for
B -9. David J. Meyer services rendered to the Department of Law regarding NYS
This is a claim for damage to a 1993 Oldsmobile. On 6/l/97 the Public Employment Relations Board Vs. City of Buffalo.
vehicle was impounded by the City. While being towed to the C- 11 Jaeckle, Fleischmann & Mugel, Attorneys
Tonawanda Impound Garage, the vehicle came off the wheel Claim for payment of prior fiscal year Invoice #35582 for
lift and sustained damages $745.85 services rendered to the Department of Law for the month of
B- 10. Brian A. Peterson June 1997 in the matter of Police Interest
Claim for a broken windshield on a 1986 Chevrolet Celebrity on Arbitration 1997. $22,464.64
3/20/97 at the Colonel Ward Pumping Station. Mr. Peterson, a C 12. Kavinoky & Cook, Attorneys
City employee was parked in the designated parking area for Claim for payment of a prior fiscal year invoice for services
meter shop employees. This area is in close proximity to the rendered to the Department of Law regarding Baez Vs.
stone room. There is daily loading and unloading of stone and Canadian National Railway Company
it appears that a stone may have accidentally been hurled into Vs. City of Buffalo. $ 5,152.11
the windshield. $178.59 C- 13. R.J. Koch Travel Bureau
B 11. Joanne & Jerome Przepasniak Claim for payment of prior fiscal year Invoice #42268 for
Claim for damage to the front porch wrought iron railing at 41 services rendered to the City Clerk's Office on 3/4/97.$84.00
Kosciuszko Street on 4/l/97. The police were involved in a C- 14. Laser Recharging Services of WNY
suspect search on Kosciuszko Street. During the course of Claim for payment of prior fiscal year Invoice #8568 for
this activity, a suspect was handcuffed to the railing. He services rendered to the Division of Labor Relations on
subsequently broke free damaging the railing. $250.00 3/20/97. $50.00
C- 15. George Levine
B 12. Joseph Spagnuolo Claim for payment of a prior fiscal year invoice of 6/27/97 for
services rendered to the Department of Law regarding #96-C-
Claim for damage to a 1981 Datsun Deluxe on 2/27/97 across 0603 and #96-C-0599. $331.00
from 137 Minnesota Avenue. During a severe windstorm that That checks be drawn on the account of 81-2 General City
day a City owned dead tree fell on the vehicle. Charges 100 -812-000 $ 250.00-00-809 Judgment and Claims Prior
B 13. William Vivian Years, payable to the respective claimants and their attorneys,
Claim for a man's quart watch which was lost during a scuffle if any, in the amount set opposite their names, respectively, and
with a person at 189 Olympic Avenue. Mr., Vivian, a dog delivered to them upon execution and delivery to the Acting
control officer, works for the City Animal Shelter and was Corporation Counsel of the proper releases where such
investigating a dog complaint. $145.00 releases are indicated.
That checks be drawn on the account of 81-2 General City PASSED
Charges 100-812-000-00-809 Judgment and Claims Prior AYES- 12 NOES- 0
Years, payable to the respective claimants or plaintiffs and their NO.82
attorneys, if any, hereinabove named, in the amounts set MISCELLANEOUSINVOICE
opposite their names and delivered to them upon execution and C 16 P.C. Logic Inc.
delivery to the Corporation Counsel of proper releases where Claim for payment of prior fiscal year Invoice #237.04 for
such releases are indicated. services rendered to P/W Traffic Division for Ohio Street
PASSED Lift Bridge. $3,183.85
AYES- 12 NOES- 0 Mrs. Lockwood made a motion to recommit said item to the
NO.81 Committee on Claims.
MISCELLANEOUSINVOICE ADOPTED.
That, upon the recommendation of the Acting Corporation NO.83
Counsel and the appropriate City Department, the following MISCELLANEOUSINVOICE
claims be paid: That, upon the recommendation of the Acting Corporation
C-1 American Linen Supply Company Counsel and the appropriate City Department, the following
Claim for payment of prior fiscal year invoices for services claims be paid.
rendered to the Fire Department for April, May and June 1997 C- 17. James Markowitz. $10,829.46
C - 2. Buffalo General Hospital Claim for payment of a prior fiscal year invoice for services
Claim for payment of a prior fiscal year invoice for nine(9) rendered to the Division of Labor Relations regarding
treatment occasions for Police Officer Patrick Quigley who Grievance #96-76. $1,386.97
injured his back in the line of duty on 12/5/94. The Police C-18. Morris, Cantor, Barnes & Goodman
Officer has retired. $11,896.25 This is a claim for payment of a prior fiscal year invoice for
services rendered to the Department of Law from 4/9/97 to
C- 3 . Buffalo General X-Ray 6/26/97 regarding Watkins & Webster Vs.
Claim for payment of a prior fiscal year invoice for services City of Buffalo. $639.00
rendered to Firefighter Gregory Pratchett on 8/30/95. He C- 19. New York State Department of Environmental
suffered a neck injury in the line of duty. The employee has Conservation
returned to work. $27.57 Claim for payment of prior fiscal year Invoice 223517980000
C - 4. Thomas H. Burton, Attorney for hazardous waste removal incurred by the City in regards to
Claim for payment of a prior fiscal year invoice for services the 1996 painting contract for the Michigan Avenue Lift Bridge.
rendered to the Department of Law from 12/7/95 to 6/19/97 in There were six shipments for a total of 96.2 ton of paint waste
the matter of Cooper Vs. City. $3,416.69 removed from the bridge. $1,000.00
C- 5 . Carquest Cheektowaga C- 20. Occhino Towing
Claim for payment of prior fiscal year Invoice #D315283 of Claim for payment of prior fiscal year invoices for services
5/27/97 for services rendered to the Department of General rendered to the City of Buffalo Division of Parking Enforcement
Services. $121.06 for April, May and June 1997. $1,883.00
C - 6. Connors & Vilardo C- 21. Robert J. Rabin, Labor Arbitrator
Claim for payment of prior fiscal year Invoice #005360-00001-Claim for payment of a prior fiscal year Invoice for services
004 TMC of 6/26/97 for services rendered to the Department of rendered to Labor Relations regarding PERB A96-241 on
Law in the matter of Virginia Vs. City of Buffalo. It is for 5/13/97 $853.50
services from 2/28/97 to 5/31/97. $3,497.59 C- 22. Shepard's McGraw Hill
C - 7. The Copy Store Claim for payment of prior fiscal year Invoices #SBI0250064
Claim for payment of prior fiscal year Invoices #22460 and and #13010048254 for services rendered to the Department of
#22436 of 6/24 and 6/25/97 for services rendered to the Law. $806.00
Department of Law regarding Virginia Vs. City of C-23 Simon Ladder Towers
Buffalo. $136.62 Claim for payment of prior fiscal year Invoice #1 1465 for
C- 8. Gall's Inc. services rendered to the Fire Department on 10/25/96.
$ 290. 00
$730.00 The approval of the claim of Nicholas D'Amico in the amount of
C- 24. Sisters Hospital That checks be drawn on the account of 81-2 General City
Claim for payment of prior fiscal year Invoice 900053400099 Charges 100-812-000-00-809 Judgment and Claims Prior
for services rendered to Firefighter Terry White who injured his Years, payable to the respective claimants and plaintiffs and
right shoulder in the line of duty on 5/18/95. The employee has their attorneys, if any, hereinabove named, in the amounts set
returned to work. $42.01 opposite their names and delivered to them upon execution and
C-25. United Uniform Company delivery to the Corporation Counsel of proper releases and
Claim for payment of prior fiscal year Invoices #537589 of closing papers.
6/27/96, #556752 of 3/27/97 and #560470 of 5/7/97 for PASSED
services rendered to Parking Meters & Enforcement for AYES- 12 NOES- 0
uniforms. $370.40 NO.87
C -26. West Publishing Company REPORTTOTHECLAIMSCOMMITTEE
Claim for payment of various prior fiscal year invoices for That, upon the recommendation of the Common Council
services rendered to the Department of Law from 5/9/97 to Claims Committee, the following claims be paid:
6/30/97. $3,304.73 F-2 Mary M. Fricano
That checks be drawn on the account of 81-2 General City Mary Fricano fell on the first floor in City Hall on 2/16/96. She
Charges 100-812-000-00-809 Judgment and Claims Prior fell in the Division of Treasury after paying her water bill in front
Years, payable to the respective claimants and their attorneys, of the center outside window (the window that looks out on
if any, in the amount set opposite their names, respectively, and Niagara Square). She said she fell because of scratches on
delivered to them upon execution and delivery to the Acting the floor. The building superintendent's office was called and
Corporation Counsel of the proper releases where such the scratches on the floor were checked out. There are three
releases are indicated. scratches on the floor but they are surface marks with no depth
PASSED to them. They are similar to chalk marks. The floor was dry on
AYES- 12 NOES- 0 that day. $547.00
NO.84 F-3 Janice Goble
MISCELLANEOUSREFUND Claim for damage allegedly caused by a City of Buffalo Street
That, upon the recommendation of the Acting Corporation Sanitation Department truck causing damage to the driveway at
Counsel and the appropriate City Department, the following II 8 Lockwood Avenue. Mrs. Goble alleges that a "Big
claim be paid: Garbage" truck pulled forward on to her driveway to back up
D-1. Daniel Cortese and left scrape marks and cracked the comer of the
Item No. 55, C.C.P., July 8, 1997 driveway. $650.00
Claim for a refund for overpayment on a Certificate of F-4 John Rutledge
occupancy for property at 1225 Hertel Avenue, a multiple On 2/27/97 a tree branch fell on the home at 332 Germania
dwelling. The owner paid ($525) and the fee required in breaking the chimney. On this date the City of Buffalo
($375). $150.00 experienced a strong wind storm. The City Clerk's Office has
That checks be drawn on the account of 81-2 General City no notice regarding the tree. The Forestry Department has no
Charges 100-812-000-00-809 Judgment and Claims Prior notice in its records regarding the tree. $450.00
Years, payable to the respective claimants and their attorneys, That checks be drawn on the account of 81-2 General City
if any, in the amount set opposite their names, respectively, and Charges 100-812-000-00-809 Judgment and Claims Prior
delivered to them upon execution and delivery to the Acting Years, payable to the respective claimants and their attorneys,
Corporation Counsel of the proper releases where such if any, in the amount set opposite their names, respectively, and
releases are indicated. delivered to them upon execution and delivery to the Acting
PASSED Corporation Counsel of the proper releases where such
AYES- 12 NOES- 0 releases are indicated.
NO.85 PASSED
MISCELLANEOUSPAYROLL AYES- 12 NOES- 0
That, upon the recommendation of the Acting Corporation
Counsel and the appropriate City Department, the following REGULARCOMMITTEES
claims be paid: COMMITTEEONCIVILSERVICE
E-1 Brian West HON.DAVIDCZAJKA
This is a grievance settlement. Mr. West is a Firefighter CHAIRMAN
$2,699.16
E-2. Clare Yager NO.88
This is an improper labor practice settlement. Ms. Yager was APPOINTMENT
hired as a part-time Youth Court Program Administrative Aide PUMPINGPLANTOPERATOR
in the City's Division for Youth. That Communication 50, May 27, 1997 be received and filed
$16,488.96 and the Permanent appointment of Michael Wolasz stated
That checks be drawn on the account of 81-2 General City above at the Maximum salary $36,282.00 effective on May 19,
Charges Fund No. 81300809 Judgment and Claims Prior 1997 is hereby approved.
Years, payable to the respective claimants or plaintiffs and their PASSED
attorneys, hereinabove named, in the amounts set opposite AYES-12 NOES-0
their names and delivered to them upon the delivery of the
proper releases where indicated. NO.89
PASSED NOTICESOFAPPTS.-TEMP./PROV./PERM.(CCLK)
AYES- 12 NOES- 0 (ITEM#87CCPSEPTEMBER2,1997)
NO.86 That the above mentioned Item be and the same is hereby
REPORTTOTHECLAIMSCOMMITTEE received and filed.
F-1 Nicholas D'Amico ADOPTED
This claim is being placed on the Agenda for discussion at the
request of a Councilmember. The claim is for damages NO.90
allegedly caused by a City of Buffalo Department of Street EXP.BFLO.CIVILSERV.COMM
Sanitation hi-lift picking up bulk trash causing damage to the (ITEM#188CCPJULY22,1997)
driveway and water service box at 393 Longnecker Street. Mr. That the above mentioned Item be and the same is hereby
D'Amico was unable to provide a specific date on which this received and filed.
damage to his property occurred. He stated in his claim that it ADOPTED
happened during the daytime during the summer of 1996.
Without a specific date to search for reports, the claim was NO.91
denied by the administrator of the City's self insured auto SALARYORDINANCEAMENDMENT
liability fund as there weren't any reports to verify that a City 09-0-DEPARTMENTOFASSESSMENT
vehicle caused any damage. Mr. D'Amico submitted estimates (ITEMNO.197,C.C.P.,JULY22,1997)
of ($450) and ($290) for the concrete repairs and ($250) and That the Salary Ordinance Amendment as contained in Item
($495) for repairs to the waterbox. No. 197, C.C.P.,
The Acting Corporation Counsel recommends denial of this July 22, 1997, be and the same hereby is approved.
claim. PASSED.
That the above item be, and the same hereby is, returned to the AYES-12 NOES-0
Common Council without recommendation.
Mrs. Lockwood now moved: NO.92
DIFFERENCEINSALARY-T.CAMPBELL PASSED
(ITEMNO.32,C.C.P.,SEPT.16,1997) AYES-12 NOES-0
That the Comptroller be, and he hereby is authorized to pay
Tony Campbell, a Laborer 11 in the Division of Buildings in the NO.102
amount of $972.02 for difference in pay. UTILITYEASEMENT-NATIONALMOHAWKPOWER
PASSED CORP.-SQUAWISLAND
AYES-12 NOES-0 (ITEMNO.17,C.C.P.,SEPT.16,1997)
That the Mayor be, and he hereby is authorized to execute
NO.93 an easement agreement between the City and Niagara Mohawk
NOTICESOFAPPTS.TEMP./PROV./PERM.(CTYCLK) Power Corporation for the relocation of existing power poles.
(ITEM#58CCPSEPTEMBER16,1997) PASSED
That the above mentioned Item be and the same is hereby AYES-12 NOES-0
received and filed.
ADOPTED NO.103
JUNE1997DOWNTOWNOFFICE
COMMITTEEONFINANCE SPACEINVENTORY(CD)
HON.DAVIDA.FRANCZYK (ITEM#39CCPSEPTEMBER16,1997)
CHAIRMAN That the above mentioned Item be and the same is hereby
received and filed.
NO.94 ADOPTED
CLEAN-UPFORMERECCSITE(CD)(#110,7/23)
(ITEM#110CCPOCTOBER15,1997) NO.104
That the above mentioned Item be and the same is hereby SR.TAXEXEMPTION-112SUSSEX
received and filed. (ITEM#172CCPSEPTEMBER16,1997)
ADOPTED That the above mentioned Item be and the same is hereby
received and filed.
NO.95 ADOPTED
LABIN&BUFFAMANTE-EXP.TAX.-1141KENSINGTON
(ASSMT) COMMITTEEONLEGISLATION
(ITEM#16CCPSEPTEMBER2,1997) HON.ALFREDT.COPPOLA
That the above mentioned Item be and the same is hereby CHAIRMAN
received and filed.
ADOPTED NO.105
PAULL.DESIDERIO,PETITIONTOREZONE
NO.96 1969-1971-1973BROADWAY
SNOWINSURANCE(A&F) (ITEMNO.69,C.C.P.,SEPT.16,1997)
(ITEM#80CCPJULY22,1997) That the Common Council of the City of Buffalo does hereby
That the above mentioned Item be and the same is hereby ordain as follows:
received and filed. That that part of the Zoning Ordinances of the City of
ADOPTED Buffalo, Section 511-126 of Article XXV of Chapter 51 1 as it
relates to the use map thereof be amended to show a "CM"
NO.97 Commercial District rather than a "R-3- Residential District for
INFO-LEASE1269GENESEE(ASSMT) the premises known as 1973 Broadway, and more particularly
(ITEM#15CCPSEPTEMBER2,1997) described as follows:
That the above mentioned Item be and the same is hereby Proposed Description
received and filed. ALL THAT TRACT OR PARCEL OF LAND situate in the
ADOPTED City of Buffalo, County of Erie and State of New York being
Part of Lot 41, Township 11, Range 7, of the Holland Land
NO.98 Company's survey and also being Subdivision Lot 76, Block
AUTOIMPOUNDGARAGEAT No. 5 as shown on a map recorded in the Erie County Clerk's
189TONAWANDASTREET Office under Cover No. 9 bounded and described as follows:
(ITEMNO.47,C.C.P.,SEPT.2,1997) BEGINNING at a point in the cast line of North Ogden
That the Commissioner of Administration and Finance be, Street a distance of 166.40 feet south of the intersection of said
and she hereby is authorized to execute the Lease Agreement east line of North Ogden Street with the southeast line of
between the City, Department of Administration and Finance Broadway (as a street 99' wide), said Point of Beginning being
and Pinto Equipment, Inc. for the Auto Impound Garage at 189 the southwest corner of Subdivision Lot No. 76,
Tonawanda Street. thence easterly parallel with Reiman Street and along the
PASSED south I ine of Subdivision Lot No. 76, a distance of 129.0 feet
AYES-12 NOES-0 to the southeast comer of said Subdivision Lot No. 76,
thence northerly parallel with the east line of North Ogden
NO.99 Street and along the east line of Subdivision Lot No. 76 a
LEASEAGREEMENT-IMPOUNDGARAGE distance of 30.0 feet to the northeast corner of Subdivision Lot
-189TONAWANDA(A&F) No. 76,
(ITEM#48CCPSEPTEMBER16,1997) thence westerly parallel with Reiman Street and along the
That the above mentioned Item be and the same is hereby north line of Subdivision Lot No. 76 a distance of 129.0 feet to
received and filed. the east line of North Ogden Street at the northwest comer of
ADOPTED Subdivision Lot No. 76,
thence south along the east line of North Ogden Street a
NO.100 distance of 30.0 feet to the POINT OR PLACE OF
ALLEYWAYTHEATRE,INC.LEASE672MAINSTREET BEGINNING.
(ITEMNO.49,C.C.P.,SEPT.2,1997) Containing an area of 3870 + sq. ft. or 0.089 + acres.
That the Mayor be, and he hereby is authorized to execute This rezoning shall be effective providing the following
the Lease Agreement between the City, and Alleyway Theater, conditions are met:
Inc. at 672 Main Street for three (3) years, commencing That this rezoning shall not be effective unless and until a
retroactively on May 1, 1996 and terminating on April 30, 1999. certified copy thereof has been filed by the petitioner in the
PASSED offices of the Erie County Clerk's Office and proof of such filing
AYES-12 NOES-0 is submitted to the City Clerk's Office.
That this rezoning will not be effective until such conditions
NO.101 as set by the City Planning Board are met.
UTILITYEASEMENT-NATIONALFUEL That this Common Council finds this action to be an
-SQUAWISLAND Unlisted Action under the S.E.Q.R. Act and adopts petitioner's
(ITEMNO.16,C.C.P.,SEPT.16,1997) findings such that no further environmental review is required
That the Mayor be, and he hereby is authorized to execute under said Act.
an easement agreement between the City, and National Fuel It is hereby certified, pursuant to Section 34 of the Charter
Gas Distribution Corporation to allow for the present 8 inch that the immediate passage of the foregoing ordinance is
high pressure gas service line, which feeds the Sewer necessary.
Treatment Plan, to be converted into a gas line. PASSED
AYES-12 NOES-0 That the above mentioned Item be and the same is hereby
received and filed.
NO.106 ADOPTED
LUTHERANCHURCHHOME,PETITIONTOUSE
217E.DELAVAN-ADDITION/DECK NO.117
(ITEMNO.70,C.C.P.,SEPT.16,1997) ORD.AMEND.CH.511COMMUNICATIONTOWERS
That after a public hearing before the Committee on (ITEM#130CCPJULY8,1997)
That the above mentioned Item be and the same is
Legislation on September 23, 1997, the petition of Lutheran
Church Home, owner, for permission to use 217 E. Delavan
hereby received and filed.
Avenue for a one story addition and deck to the rear of the 66
ADOPTED
room elderly person home be, and hereby is approved.
PASSED.
NO.118
AYES-12 NOES-0
ORDINANCEAMENDMENT-CHAPTER511-ZONING
(COMMUNICATIONTOWERS)
NO.107
(ITEMNO.181,C.C.P.,SEPT.16,1997)
WILLIAMSADV.MAT.-RZN.427BEARD
That the Ordinance Amendment as contained in Item No.
(2048HERTEL)-R2TOTS
181, C.C.P., September 16, 1997, be and the same hereby is
(ITEM#115CCPSEPTEMBER2,1997)
approved.
That the above mentioned Item be and the same is
PASSED.
hereby received and filed.
AYES-12 NOES-0
ADOPTED
NO.119
NO.108
ORD.AMEND.CH.103-BLDG.CONSTR.ETC.
500FUHRMANNBOULEVARD,PETITIONTOUSE500
(ITEM#200CCPJULY22,1997)
FUHRMANN-POLESIGN
That the above mentioned Item be and the same is hereby
(ITEMNO.96,C.C.P.,JULY8,1997)
received and filed.
That after a public hearing before the Committee on
ADOPTED
Legislation on September 23, 1997, the petition of 500
Fuhrmann Boulevard owner, for permission to use 500
NO.120
Fuhrmann Boulevard for a pole sign be, and hereby is denied.
INFO-ORD.AMEND.CH.103(CD)
ADOPTED
(ITEM#61CCPSEPTEMBER2,1997)
That the above mentioned Item be and the same is hereby
NO.109
received and filed.
QUESTIONNATIONALFUELGAS-INCR.DEC.BILLING
ADOPTED
(ITEM#156CCPJANUARY21,1997)
That the above mentioned Item be and the same is hereby
NO.121
received and filed.
LIVINGWAGEPROGRAM
ADOPTED
(ITEMNO.219,C.C.P.,JULY22,1997)
That the Acting Corporation Counsel draft a proposed Living
NO.110
Wage Ordinance for the City of Buffalo.
NATIONALFUEL-REPLY-INCR.GASCOSTS
Adopted
(ITEM#76CCPFEBRUARY4,1997)
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER,
That the above mentioned Item be and the same is hereby
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
received and filed.
QUINTANA, WILLIAMS - 11 NOES - ZUCHLEWSKI - 1.
ADOPTED
NO.122
NO.111
DRAFTORDINANCE-PORTABLE
CITYWIDEBUYERSGROUP-GASPURCH.
BASKETBALLHOOPS
(1STRES.WASADOPTED)
(ITEMNO.224,C.C.P.,JULY22,1997)
(ITEM#159CCPFEBRUARY4,1997)
That this Common Council request the Acting Corporation
That the above mentioned Item be and the same is hereby
Counsel to draft an ordinance calling for the suspension of all
received and filed.
games played in the streets by 9:00 p.m. until 6:00 a.m. the
ADOPTED
following day; and
That this ordinance is executed under the standards of City
NO.112
Code Chapter 343-4 curfew law.
GOETHERESIDENCE-ILLEGALLYPARKEDVEHICLES
Adopted.
(ITEM#107CCPMAY27,1997)
AYES - BROWN, CZAJKA, FRANCZYK, HELFER,
That the above mentioned Item be and the same is hereby
KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA,
received and filed.
WILLIAMS, ZUCHLEWSKI - 10 NOES - GRAY, PITTS - 2.
ADOPTED
NO.123
NO.113
IDENTIFYVACANT,ETCHOUSES(CD)
ALTERNATEPKG.-GORSKIST.
(ITEM#62CCPSEPTEMBER2,1997)
(ITEM#178CCPJUNE24,1997)
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.124
NO.114
ENCROACH26ALLENSTREET-SIDEWALKCAFE
CHG.ALT.PKG.-GORSKI(PW)
(ITEMNO.38,C.C.P.,SEPT.2,1997)
(ITEM#32CCPJULY22,1997)
That the Commissioner of Public Works be, and he hereby
That the above mentioned Item be and the same is hereby
is authorized to issue a
received and filed.
44 mere license" to Mr. Walter B. Ward, owner of Cathode Ray
ADOPTED
Bar, located at 26 Allen Street, to install a sidewalk cafe, which
would encroach city right-of-way at said address, subject to the
NO.115
following conditions:
AT&TWIRELESSSERV.-ORD.AMENDCH.
1 . That the applicant obtain any and all other City of
511-COMM.TOWERS/ANTENNAS
Buffalo permits necessary.
(ITEM#87CCPJULY8,1997)
2. That the sidewalk cafe be installed exactly as shown on
That the above mentioned Item be and the same is hereby
plans submitted to and approved by the Department of Public
received and filed.
Works, Division of Buildings.
ADOPTED
3. That the sidewalk cafe does not exceed forty feet (40')
in length or extend more than ten feet (10') from the building
NO.116
face.
HARTERSECREST&EMERGY-PROP.ORD.AMEND
4. That no portion of the sidewalk cafe be permanent in
CH511TOWERS/ANTENNAS
nature or permanently affixed to the main building or public
(ITEM#90CCPJULY8,1997)
sidewalk.
5. That the sidewalk cafe be completely removed from CHAIRMAN
City right-of-way from November 15 to April I each year. NO.132
6. That the applicant be assessed the annual fee of two PRESIDENTIALHEIGHTSNEWHOUSINGPROGRAM-
dollars ($2.00) per square foot of City right-of-way occupied by PHASEII
said sidewalk cafe as described in Chapter 413, Article IX, APPROVALOFLANDDISTRIBUTIONAGREEMENTTHE
Section 59 (Sidewalk Cafes) of the City Ordinances. MARRANO/MARCEQUITYCORPORATION
7. That the applicant supply the City of Buffalo with a five (NO.71,C.C.P.,SEPT.2,1997)
thousand dollar ($5,000.00) construction in street bond or (NO.167,C.C.P.,SEPT.16,1997)
certificate of insurance which will indemnify and save harmless Mr. Zuchlewski moved that
the City of Buffalo against any and all loss and damage arising WHEREAS, the City of Buffalo Urban Renewal
out of the construction, maintenance, use and removal of said Agency (hereinafter referred to as the "Agency") has duly
sidewalk cafe. designated The Marrano/Marc Equity Corporation as the
PASSED. qualified and eligible Redeveloper in accordance with all
AYES-12 NOES-0 applicable rules, regulations and/or procedures duly adopted by
the Agency; and
NO.125 WHEREAS, the City Clerk has published a "Notice of
J.MORGAN-CLARIFYRESPONSIBILITY-PLACINGSIGNSPublic Hearing" in accordance with Section 507, Subdivision 2
ATLIBRARIES (d) of the General Municipal Law of the State of New York; and
(ITEM#95CCPSEPTEMBER2,1997) WHEREAS, said Public Hearing has been duly held in
That the above mentioned Item be and the same is the Council Chambers, City Hall, at 2:00 P.M. on Tuesday,
hereby received and filed. September 16, 1997; and
ADOPTED WHEREAS, the proposed Land Disposition
Agreement has been duly submitted to this Common Council
NO.126 by the Agency.
PLACINGSIGNSATLIBRARIES(PW) NOW, THEREFORE, BE IT RESOLVED:
ITEM#31,C.C.P.SEPTEMBER16,1997 1 . that The Marrano/Marc Equity Corporation
That the above mentioned Item be and the same hereby is has been duly designated as a qualified and eligible
received and filed. Redeveloper by the Agency, is hereby approved as
ADOPTED the Redeveloper for Presidential Heights New
Housing Program - Phase II
NO.127 2. that the Mayor of the City of Buffalo and the
L.ZAMBITO-REQUESTTOPURCHASE/LEASE Chairman and/or Vice Chairman of the Agency are
R.O.W.COLVINAVENUE hereby authorized and directed to execute any and
(ITEMNO.104,C.C.P.,SEPT.2,1997) all deeds and/or other documents and/or affidavits
That the Director of Real Estate, be and he hereby is deemed necessary and appropriate to
authorized to negotiate with Leonard Zambito of 564 Colvin convey title to the land described in the proposed
Boulevard, for the purchase of the adjacent city right-of way to Land Disposition Agreement to the Redeveloper ; in
564 Colvin Boulevard and report the results of this negotiation accordance with all term, covenants and conditions
to the Common Council. of said Land Disposition Agreement and for the
ADOPTED. consideration recited therein,
except for models without a garage. Prospective
NO.128 buyers who wish to purchase a model without a
COMPLAINTS-EASTSIDETRANSFERSTATION garage will be granted a credit in the amount of the
(ITEM#123CCPSEPTEMBER2,1997) value of the garage to be applied to other options
That the above mentioned Item be and the same is hereby available with the model. In addition, remove
received and filed. Heritage 7S and 7B.
ADOPTED PASSED
AYES- 12 NOES- 0
NO.129 NO.133
NOTIFICATIONSERIAL#8937(PW) PROPOSALS-ENVIRONMENTALBONDACT(CD)
(ITEM#19CCPSEPTEMBER16,1.997) (ITEM#53CCPAPRIL1,1997)
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.134
NO.130 NFTACOMMITTEEBUFFALOBICYCLEMASTERPLAN
ENFORCEORDINANCEAGAINSTPLACING (ITEMNO.1,C.C.P.,SEPT.2,1997)
SIGNSONTREES That this Common Council approve the Buffalo
(ITEMNO.173,C.C.P.,SEPT.16,1997) Bicycle Master Plan and adopts the plan for inclusion into
That this Common Council directs the Commissioner of Buffalo's Master Plan, pursuant to section 317, (c), (2) of the
Parks to immediately cause the removal of any unauthorized City Charter - Master Plan Modifications.
signs on city trees, and authorizes him to conduct a full ADOPTED.
investigation of this practice; with the Council's subpoena RESOLUTIONS
power available to him if he needs it; and NO.135
That this Council directs the Commissioner of Parks to By: Mr. Brown, Ms. Gray, and Ms. Miller-Williams
issue a memo to all city candidates informing them of the law Oppose New York State Constitutional Convention
prohibiting signs on trees and requesting that they effectively Whereas: New York State voters will decide, by
communicate to their supporters that such activity is illegal; and referendum on November 4, 1997, whether the state should
That the Commissioner shall hold candidates personally have a constitutional convention to review, and if necessary,
responsible for their campaign signs, requiring them to oversee revise the Constitution of the State of New York; and
the removal of illegal signs and referring the matter to the
Police Department if the candidate fails in having all signs Whereas: This issue has been the object of a great deal of
removed from trees. discussion and debate; various individuals and groups have
ADOPTED offered strong arguments as citizens prepare to cast their
votes; and
NO.131
APPOINTMENTOFMEMBERTOTHEBOARDOFWhereas: This Honorable Body approved a resolution on
ASSESSMENTREVIEW Tuesday, September 16, 1997 which supported a New York
(ITEMNO.175,C.C.P.,SEPT.16,1997) State constitutional convention; however, a balanced
That this Common Council shall consider Ruthetta Smikle of discussion of both the positive and negative aspects of this
126 Crescent Avenue, Buffalo, New York 14214 for the issue may result in Councilmembers rethinking their positions
vacancy on the Board of Assessment Review created by the on this crucial issue; and
resignation of Dennis Dargavel.
ADOPTED Whereas: Although a constitutional convention would
provide the opportunity to make some necessary changes in
COMMITTEEONCOMMUNITYDEVELOPMENT the New York State Constitution, the convention also raises the
HON.DALEL.ZUCHLEWSKI possibility of changing positive aspects of our constitution and
eliminating many of the freedoms which New York State WHEREAS: Coldsprings Church of God In Christ Jesus
residents currently enjoy; and Church is a located at 107 Verplanck Avenue, in the City of
Buffalo; and
Whereas: The last major changes from a constitutional WHEREAS: Coldsprings Church In Christ Jesus
of God
convention were implemented in 1938; however, constitutional
purchased 108 Welker for Two Thousand Dollars ($2,000) on
conventions are not the only way to make changes in the New
February 14, 1997 and at that time the taxes owed to the city
York State constitution; and
were $23.70; and
Whereas: Many modernizations and major changes have
WHEREAS: As of July 1, 1997, a Special Assessment was
been made to our state constitution through another method:
added to this parcel for the demolition the structure
cost of
passage by two consecutive legislatures (with an election in
formerly located at 108 Welker Avenue; and
between) followed by a vote of the citizens of the State of New
York; and
WHEREAS: Coldsprings Church of God In Christ Jesus did
not have sufficient notice of the Special Assessment at the time
Whereas: Many organizations throughout New York State,
they purchased 108 Welker; and
including the League of Women Voters, Citizen Action, NYS
NAACP, the National Organization of Women, American
WHEREAS: When this structure was demolished with
Federation of State, County, and Municipal Employees
Special Assessment Funds # 500-000002-00000 it was agreed
(AFSCME), the Conservative Party, Change NY, the Christian
that the cost shall be collected against the owner or person in
Coalition, the New York League of Conservation Voters, NYS
possession benefited under the provision of Chapter 113 ofthe
Trial Lawyers Association, Jews for Racial and Economic
Ordinances; and
Justice, the National Association for Puerto Rican Civil Rights,
Inc., the Empire State Pride Agenda, NYS AFL-CIO, and New
WHEREAS: The owners of record at time of demolition were
York State United Teachers, have voiced their strong
Jimmy J. Thomas 06 Johnson Street (Buffalo) and Ms.
of 3
opposition to a constitutional convention; and
Helen Davis 65 Harmonia (Buffalo). Pursuant to the
of
aforementioned Ordinance, the city should look to Mr. Thomas
Whereas: The aforementioned groups and others opposed
and Ms. Davis for the reimbursement of this demolition cost;
to the constitutional convention cite many reasons for their
and
opposition; a primary reason is that the constitutional
convention election process does not afford average citizens
WHEREAS: Since they City made no effort to recover the
the opportunity to participate; and
costfromthe previous owners, mandating that Coldsprings
Church In Christ Jesus pay this tax would place an
of God
Whereas: The current system is that three delegates are
unnecessary burden and undue hardship on the church; and
elected from each state senate district; average citizens will
find it difficult or impossible to raise the estimated $150,000
WHEREAS: Coldsprings Church of God In Christ Jesus has
required to campaign effectively at this level; and
indicated that they plan to clean, improve and maintain the lot;
Whereas: As a result of the exclusion of most average
NOW THEREFORE BE IT RESOLVED:
citizens, the delegation will most likely mirror that of the last
That this honorable body request that the cost related to the
constitutional convention, which was held in 1967; at that
demolition of 108 Welker Avenue as levied against Coldsprings
convention, four out of five of the delegates were current or
Church of God In Christ Jesus be rescinded.
former New York State legislators, judges, local officials, or
REFERRED TO THE COMMITTEE ON FINANCE,
governmental appointees; and
CORPORATION COUNSEL AND COMMISSIONER OF
COMMUNITY DEVELOPMENT.
Whereas: If the delegate selection process were altered to
NO.137
allow for the election of delegates who better reflect the
By Messrs. Brown, Coppola,. Pitts and Ms. Miller-
diversity of the citizens of the State of New York, some of
Williams, Ms Gray
the opposing organizations might be more amenable to the idea
MEMORIALIZENYS-EXPANDCIVILSERVICE
of a constitutional convention; and
COMMISSION
Whereas: The Buffalo Civil Service Commission was
Whereas: Furthermore, a constitutional convention could
created to enforce the rules and regulations of classified civil
cost the taxpayers of New York State approximately $50 million;
service for the City of Buffalo; and
this amount does not guarantee positive reform which would
benefit residents of our state; and
Whereas: The commission is comprised of three members
appointed by the mayor for six year terms; and
Whereas: If there is a constitutional convention, many
people would share a common hope for reforms including the
Whereas: Three members cannot completely represent the
restoration of home rule messages for action on local issues,
full diversity of the City of Buffalo, which encompasses a wide
modernization of election laws, and requirements for the state
cross-section of different racial and ethnic groups; and
legislature to pass the state budget in a timely and responsible
manner; unfortunately, the special interests which would
Whereas: None of the current members is a minority or a
potentially control such a convention would work to ensure that
woman, and the next vacancy is not scheduled to occur for two
their needs are met at the expense of these and similar reforms
years; and
which would benefit all of our citizens; and
Whereas: This Council has explored the concept of
Whereas: This convention could threaten certain
expanding the size of the commission in order to promote
constitutional provisions which are crucial to the lives of
greater diversity among its membership, but Section 15 (1) (a)
countless New York State residents; an example of such
of the New York State Civil Service Law limits the size of the a
possibly endangered provisions is the mandate that the state
municipal civil service commission to three persons; and
provide for the care and aid of the needy;
Whereas: Especially at this time, when the City is
Now, Therefore Be It Resolved:
endeavoring to implement its Affirmative Action Plan, it is vital
That this Common Council hereby adds its voice
that the Civil Service Commission adequately reflect the
all the groups who, expressing serious and varied concerns,
diversity of the city it serves;
have stated their opposition to a constitutional convention in
New York State; and
Now,Therefore Be It Resolved:
Be It Further Resolved:
That this Common Council memorializes the New York State
That certified copies of this resolution be forwarded to the New
Legislature to amend state law to increase the number of
York State Senate, the New York State Assembly, State
persons who can be appointed to the City of Buffalo Civil
Comptroller Carl McCall, and Governor George E. Pataki.
Service Commission from three to five members, so that its
REFERRED TO THE COMMITTEE ON LEGISLATION AND
membership may more completely reflect the diversity of the
CORPORATION COUNSEL.
City; and
NO.136
By: Mr. Brown
Be It Further Resolved:
REQUESTTORESCINDDEMOLITIONCOSTSOF108
WELKERAVENUE
That the City Clerk forward certified copies of this resolution to
the Western New York delegation to the New York State 1 Teller $24,084 - $27,136
Assembly and the Governor of New York State. Is hereby amended to read:
ADOPTED. 1 Associate Account Clerk $25,416 - $29,525
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, 1 Teller $24,084 - $27,136
KAVANAUGH, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, (This position to be eliminated upon appointment of Associate
ZUCHLEWSKI- 11 Account Clerk)
NOES - LOCKWOOD- 1 WE, CHARLES MICHAUX III, City Clerk, and JAMES B.
NO.138 MILROY, Director of the Budget, hereby certify that the above
By: Mr. Coppola change is necessary for the proper conduct, administration and
performance of essential services of that department. We
SUPPORTCONSTITUTIONALCONVENTIONINBUFFALO recommend that the compensation for said position be fixed at
Whereas: On September 16, 1997, this Common Council the respective amount set forth in the foregoing ordinance.
adopted Resolution 1 74, Support Constitutional Convention, APPROVED AS TO FORM
which will be on the ballot in the general election November 4, Michael Risman
1997; and Acting Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Whereas: There is increasing support from the voting NO.141
public for a constitutional convention; and By: Mr. Czajka
SALARYORDINANCEAMENDMENT
Whereas: It has been suggested that the convention be 01-1CITYCLERK
held in Buffalo because the University at Buffalo's Law School The Common Council of the City of Buffalo does ordain as
and the Institute for Local Governance and Regional Growth follows:
can support the convention with expertise that is unmatched That part of Section I of Chapter 35 of the Ordinances of the
anywhere else in the state; and City of Buffalo, relating to 01 -1 -Division of City Clerk, City
Clerk, is hereby amended as follows:
Whereas: There is a coalition of 68 organizations which
has urged defeat of the referendum because they believe a (NOTE: Old Salary is in brackets)
convention in Albany would be dominated by special-interest
groups that now enjoy a great deal of influence; and Intern II (Hourly) ($5.15) $7.00
Whereas: A constitutional convention is too important, and WE, CHARLES MICHAUX III, City Clerk, and JAMES B.
we have the ability to have one only every twenty years, to allow MILROY, Director of the Budget, hereby certify that the above
special-interest groups to have so much say in our state's change is necessary for the proper conduct, administration and
future; and performance of essential services of that department. We
recommend that the compensation for said position be fixed at
Now therefore be it resolved that the respective amount set forth in the foregoing ordinance.
This Common Council supports the suggestion that the We, ANTHONY M. MASIELLO, Mayor and JOEL A.
Constitutional Convention be held in Buffalo, and requests that GIAMBRA, Comptroller, pursuant to Section 454 of the Charter
the City Clerk send certified copies of this resolution to the of the City of Buffalo, hereby certify the interests of the City will
Greater Buffalo Partnership; Governor George Pataki; William be subserved by the increase in compensation provided for the
Greiner, President of University at Buffalo; and the Western positions set forth in the foregoing ordinance.
New York delegation to the State Legislature along with a APPROVED AS TO FORM
certified copy of Res. 174, adopted September 16, 1997, Michael Risman
Support Constitutional Convention. Acting Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION AND REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CORPORATION COUNSEL. NO.142
NO.139 By.- Mr. Czajka
By Mr. Coppola SALARYORDINANCEAMENDMENT
CHANGELINWOODPARKINGREGS-WESTFERRYTO40-DEPARTMENTOFPUBLICWORKS
BRYANT 1DIVISIONOFENGINEERING
Whereas: The residents and occupants of homes, The Common Council of the City of Buffalo does ordain as
apartments, and businesses located on Linwood Avenue follows:
between West Ferry and Bryant have produced a petition with
120 signatures in support of changing the current parking That part of Section I of Chapter 3 5 of the Ordinances of the
regulations; and City of Buffalo, relating to 40 - Department of Public Works, 1 -
Whereas: The current regulations limit parking from 9:00 Division of Engineering 021 Administrative Services is hereby
am to 3:00 pin during the week on one side, which is very amended by deleting:
inconvenient to the residents and business owners, employees
and patrons; and 1 Superintendent of Engineering
Whereas: Our parking regulations should compliment and Maintenance $36,750 - $43,074
be a convenience to the community especially with the types of That part of Section 1 of Chapter 35 of the Ordinances of the
mixed use on this particular section of Linwood; and City of Buffalo, relating to 40 - Department of Public Works, 1 -
Whereas: The petitioners support changing the regulations Division of Engineering 023 Traffic Engineering Services is
on Linwood between West Ferry and Bryant to unrestricted hereby amended by adding:
with parking on both sides of the street except for the snow
months of November 1st to April 1st, when alternate side 1 Superintendent of Traffic Signal
parking shall be in effect for the period of I 1:00 PM to 6:00 am. Systems $31,278 - $36,448
Now Therefore Be It Resolved That WE, JOSEPH N. GIAMBRA, Commissioner of Public Works,
This Common Council recognizes that standard city parking and JAMES B. MILROY, Director of the Budget, hereby certify
regulations sometimes are not convenient to some special that the above change is necessary for the proper conduct,
areas of the city and supports the residents and occupants of administration and performance of essential services of that
homes, apartments and businesses located on Linwood department. We recommend that the compensation for said
Avenue between West Ferry and Bryant in their request that position be fixed at the respective amount set forth in the
unrestricted parking be allowed on both sides of the street for foregoing ordinance.
all times except for the snow months of November 1st to April APPROVED AS TO FORM
1st. Michael Risman
PASSED Acting Corporation Counsel
AYES- 12 NOES- 0 REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.140 NO.143
By: Mr. Czajka By: Mr. Czajka
SALARYORDINANCEAMENDMENT RETURNTWO-WAYTRAFFICONBRINKMANBETWEEN
01-1CITYCLERK DOATANDROHE
The Common Council of the City of Buffalo does ordain as Whereas: Brinkman between Doat and Rohe Streets is
follows: currently a one way street; and
That part of Section I of Chapter 35 of the Ordinances of the Whereas: This facilitated the safety of loading and
City of Buffalo, relating to 01 -1 -Division of City Clerk, which unloading children who attended the parochial school on that
reads: block of Brinkman; and
Whereas: That school has been closed for a few years C. The Commissioner of Community Development may issue
with no plans to reopen; and rules and regulations governing the examination.
Whereas: Some motorists either accidentally or Sec. 103 -69. Examination report required.
intentionally disregard the one-way status of this portion of
Brinkman and/or drive backwards up the block; and Every owner of a building subject to the provisions of this
Article shall submit an examination report to the Commissioner
Whereas: It would add convenience and safety to motorists of Community Development following the examination as
to make this block of Brinkman uniform with the lower blocks of required under Section 103-68 of this Article. The examination
Brinkman; and report shall comply with the following provisions.
Therefore, Be It Resolved: That the Department of Public A. The examination report shall identify the owner's name,
Works investigates the address and telephone number and any agent's name address
feasibility of this request and reports back to this honorable and telephone number. The address given shall not be a post
body by October 14, 1997, office box. The Department of Community Development and
REFERRED TO THE COMMITTEE ON LEGISLATION, the Department of Assessment shall be promptly notified of any
CORPORATION COUNSEL AND COMMISSIONER OF change in the owner or agent's name, address and telephone
PUBLIC WORKS. number.
NO.144
By: Mr. Czajka B. The examination report shall contain an affidavit of the New
WAIVEALLFEESFORANNUALELBTAHALLOWEENYork State licensed architect or New York State licensed
PARADE professional engineer who conducted the examination pursuant
Whereas: The East Lovejoy Business and Taxpayer to Section 103-68 of this Article, certifying the condition of the
Association (ELBTA) is a not-for-profit organization in the East exterior masonry walls and masonry appurtenances of the
Lovejoy Neighborhood; and building. The affidavit shall include, but not be limited to, a
statement describing any areas of deterioration, movement,
Whereas: The organization sponsors as one of its many unsafe conditions and shall describe the water tightness of the
events for the community an annual Halloween Parade; and exterior surfaces. The affidavit shall bear the professional sea]
of the New York State licensed architect or New York State
Whereas: This tradition of a Halloween Parade is one that licensed professional engineer who conducted the examination
has been happening in this community for over 30 years; and pursuant to Section 103-68 of this Article.
Whereas: An event like a parade that is family-based is C. The Commissioner of Community Development may issue
beneficial to a community on a night when unsupervised youths rules and regulations governing the examination report.
may be prone to petty vandalism; and
Sec. 103-70. Repairs required.
Whereas: The parade will travel from the end of Lovejoy
Street to Hennepin Park on Halloween Night, October 31, 1997 A. Notwithstanding any other applicable law, rule or
at 7pm; and regulation, in the event that the examination report reveals
significant deterioration, movement or an unsafe condition as
Therefore be it Resolved That: This Common Council waives determined by the discretion of the New York State licensed
all fees and permits normally associated with conducting a architect or New York State licensed professional engineer who
parade that would be levied against the East Lovejoy Business conducted the examination pursuant to Section 103-68 of this
and Taxpayers Association on October 31, 1997. Article, the owner shall immediately cause the same to be
PASSED repaired in conformity with all applicable laws, rules and
AYES- 12 NOES- 0 regulations.
NO.145
By: Mr. Franczyk B. Notwithstanding any other applicable law, rule or
ORDINANCEAMENDMENTCHAPTER103-BUILDINGregulation, in the event that the examination report reveals
CONSTRUCTIONANDDEMOLITION;FIREPREVENTION significant deterioration, movement or an unsafe condition as
determined by the Commissioner of Community Development
The Common Council of the City of Buffalo does hereby ordain the owner shall, upon notice from the Commissioner of
as follows: Community Development or his designee, immediately cause
That Chapter 103 of the Code of the City of Buffalo be the same to be repaired in conformity with all applicable laws,
amended to add a new Article VIll that shall read as follows: rules and regulations. If the owner shall neglect or refuse to
ARTICLE VIII make such repairs within five (5) days after such notice, the
Exterior Inspection of Masonry Buildings Department of Community Development may cause the same
Sec. 103-66. Applicability. to be made and the expense shall be assessed upon the
Notwithstanding any other applicable law, rule or regulation, premises upon which the building stands in accordance with
within one (1) year of the effective date of this Article every Chapter II3 of the Code of the City of Buffalo or take any other
owner of a building greater than two (2) and one-half (1/2) action authorized by law.
stories or forty (40) feet in height which has a masonry or Sec. 103-71. Buildings erected after effective date of Article.
masonry veneer exterior shall cause to be conducted an A. Every owner of a building erected after the effective date of
examination of the exterior of the building and shall submit an this Article which is subject to the provisions of this Article shall
examination report to the Commissioner of Community comply with the requirements of this Article within five (5) years
Development in accordance with the provisions of this Article after the date that the building is erected and each subsequent
every five (5) years. five (5) years thereafter.
Sec. 103-67. Definition.
Sec. 103-72. Penalty.
MASONRY - A construction of units of such materials as clay, Every person, firm of corporation who shall violate the
shale, concrete, glass, gypsum or stone, set in mortar, provisions of this Article shall be subject to the a fine or penalty
including plain concrete, but excluding reinforced concrete. as provided in Section 1-15 of the Code of the City of Buffalo.
Sec. 103-68. Exterior examination required. Sec. 103-73. Effective date.
The effective date of this Article is November 1, 1997.
Every owner of a building subject to the provisions of this Approved As To Form
Article shall cause to be conducted an examination of the Michael Risman
exterior of the building in accordance with the following Corporation Counsel
provisions. REFERRED TO THE COMMITTEE ON LEGISLATION
NO.146
A. The examination shall be conducted by a New York State By: Mr. Franczyk
licensed architect or New York State licensed professional RFP For Public Access TV
engineer, or an individual under their direct supervision. Whereas: Theft and incompetence has wracked Buffalo
Community Television, the not-for profit organization contracted
B. The examination shall consist of an extensive inspection of to provide public access television the city of Buffalo; and
the exterior masonry walls and masonry appurtenances of the Whereas: The former Executive Director, Michelle Howard,
building. was fired from BCTV for theft, with at least $45,000 missing
according to the audit released earlier this year; and Buffalo Community Television, the not-for-profit organization
Whereas: Since the release of the audit, possibly another contracted to provide public access television in the City of
$36,000 is apparently missing at BCTV; and Buffalo; and,
Whereas: In addition to outright theft, routine administrative WHEREAS: The Atlantic Mutual Insurance Company has
work was not done, including filings with the Internal Revenue provided coverage to Buffalo Community Television, thereby
Services; and insuring such of the City's property and assets as are held in
Whereas: A member of the BCTV Emergency Management the possession of Buffalo Community Television; and,
Board, “painted the picture of an organization in turmoil and WHEREAS: Buffalo Community Television does not have
with little or no control over its $150,000 budget”; and assets at hand to cover the initial policy payment of $937.50 for
Whereas: Buffalo’s citizenry has been cheated out of the the first quarter of the new coverage year, due in October 1997;
opportunity to have available a public access station run and,
efficiently and honestly, in addition to providing greater diversity WHEREAS: The interest of the City of Buffalo is represented
and outreach to all sectors of the city’s populations;; and in a continued insurance coverage of the aforesaid equipment
Whereas The current public access provider has failed to and other assets held by Buffalo Community Television; now,
adequately serve the public but it is important that there be no THEREFORE BE IT RESOLVED:
interruption in broadcasting in the interim, however it is That the Common Council authorizes the issuing of payment in
provided, whether by the current entity of TCI; the amount of $937.50 to Atlantic Mutual Insurance Co., to
Now Therefore Be It Resolved: continue coverage of the City's assets;
That the Common Counsel directs the Corporation BE IT FURTHER RESOLVED:
Counsel to work with the Telecommunications Committee to That such funds as shall be issued to Atlantic Mutual
issue a new Request for Proposals (RFP) to identify a provider Insurance Company shall be reimbursed to the City upon
for Buffalo Public Access Television; subsequent appointment of a Buffalo public access cable
Be It Further Resolved: television operator, by the new appointee, out of monies
That the RFP be issued-as soon as possible with an eye provided to such operator for support of public access
toward identifying the best entity to provide public access, operations.
without cutting off any, broadcasting in the interim. PASSED
AYES- 12 NOES- 0
Mr. Franczyk made a motion to adopt said resolution; seconded NO.149
by Mr. Brown. By: Ms. Gray
Mr. Franczyk now moved to amend said item and separate the AMEND1997-98SALARYORDINANCES
Whereases from the Resolves and refer the Whereases to the Whereas: Over the past several years, many incidents
Special Committee on Telecommunications; seconded by Mr. have occurred in and around City Hall, both during and after
Brown. working hours, that warranted the need for security; and
Carried. Whereas: Last year my office conducted a survey
Mr. Franczyk now made a motion to further amend the item as throughout City Hall which identified an overwhelming
follows:; seconded by Mr. Brown. necessity for some type of visible security; and
CARRIED. Whereas: In the cur-rent 1997-98 City Budget, two
Now Therefore Be It Resolved: positions entitled Guard I were included in the Department of
That the Common Council directs the Corporation Counsel Public Works, Division of Buildings; and
to work with the Telecommunications Committee to issue a Whereas: Because of stipulations imposed by union
new Request for Proposals (RFP) to identify a provider for contract, these positions cannot be filled under the title of
Buffalo Public Access Television; Guard I;
Be It Further Resolved: Now, Therefore, Be It Resolved:
That the RFP be issued as soon as possible with an eye That the Common Council requests the Department of Public
toward identifying the best entity to provide public access Works to file a Personnel Requisition with the Civil Service
without cutting off any broadcasting in the interim. Commission requesting the change in title of Guard I to
Be It Further Resolved: Security Guard, while maintaining the same salary grade, job
That until such time as a final decision is made by the city description and job duties as that of Guard I; and
regarding the entity which shall provide public access television Be It Further Resolved:
in the future, that the Buffalo Community Television be granted That the Department of Administration & Finance, Division of
a month to month contract to provide public access television Budget and Control, file the appropriate salary ordinance
for the city of Buffalo based upon the recommendations of the amendment reflecting the changing of the title of Guard I to
Telecommunications Committee. "Security Guard" in the 40-2-031 function.
Be It Finally Resolved: REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
That the Telecommunications Committee issue a report on COMMISSIONER OF ADMINISTRATION AND FINANCE,
the progress of the Request For Proposals within thirty (30) AND COMMISSIONER OF PUBLIC WORKS.
days. NO.150
Mrs. LoTempio now made a motion to adopt the final four By: Messrs. Helfer and. Coppola
resolves as amended. Seconded by Mr. Brown. SPECIALDEVELOPMENTPLAN,SERIALNO.28,
ADOPTED. WILLIAMSADVANCEDMATERIALS,PETITIONTO
NO.147 REZONE
By Mr. Franczyk (ITEMNO.108,C.C.P.,SEPTEMBER2,1997)
SETPUBLICHEARING Whereas: A petition was filed with the Common Council to
NEWBUFFALOINDUSTRIALPARK change the zoning classification of a portion of 427 Beard
URBANRENEWALPLAN Avenue from "R2" to a "TS" zoning district-, and
APPROVAL-CONTRACTFORSALEOFLAND Whereas: The petition was referred to the Committee on
J:CREDITORSINTERCHANGE,INC. Legislation which held a public hearing on the matter on
WHEREAS, the City of Buffalo Urban Renewal Agency has September 9, 1997,; and
negotiated a Contract for Sale of Land with Creditors Whereas The petition was referred to the City Planning
Interchange, Inc. Board which reviewed the rezoning request on September 9,
WHEREAS, the terms of said Contract for Sale of Land has 1997,; and,
been negotiated by the Buffalo Urban Renewal Agency and has Whereas: The City Planning Board recommended
been forwarded to your Honorable Body for consideration. rezoning to a "TS" zone-,
NOW, THEREFORE. BE IT RESOLVED: Now Therefore, the Common Council of the City of Buffalo
1. That the City Clerk is hereby directed to publish the notice hereby ordains as follows:
attached hereto and marked "Notice of Hearing" in the Buffalo That part of Article XXV of the Buffalo Code, as it relates to the
News, no later than the 4th day of October 1997. map thereof, is hereby amended to show a "TS" Transit Station
2. That this Common Council will conduct a Public Hearing on District instead of an "R2" zone for the property known as 427
the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Beard Avenue (A.K.A. 2048 Hertel Ave.), Buffalo, New York,
Council Chambers on the 14th of more particularly described as follows:
October; 1997. All that tract or Parcel of land situate in the City of Buffalo,
ADOPTED. County of Erie and State of New York being part of Farm Lot
NO.148 No. 69 Township I I Range 8 of the Holland Land Company's
By: Mr. Franczyk survey and which upon a certain map of part of said farm lot
PROTECTIONOFCITYASSETSSERVINGPUBLICmade by M. Davey, Surveyor, is called a subdivision map of
ACCESSTV Crocker Park and filed in Erie County Clerk's Office on March
WI-WHEREAS: Theft and incompetence has wracked 12, 1891 under Cover No. 407 and known as Parts of Lot Nos.
12 and 13 in Block "A", bounded and described as follows: Whereas: Such "dog play" not only would provide much-
Beginning at the intersection of the northeast line of Hertel needed vigorous physical activity for the animals, but would
Avenue with the southeast line of Beard Avenue; thence also afford the animals an opportunity for socialization; and
northeast along the southeast line of Beard Avenue, 180 feet to Whereas: Such a pilot program was established at
a point, thence southwest, parallel with Beard Avenue 184.398 Shoshone Park, scheduled in the early Sunday morning hours
feet, more or less, to tile northeast line of Hertel Avenue, thence so that it would not interfere with any other activities going on at
northwest along said northeast line, 100.1 feet to the point of the park; and
beginning. Whereas: Dog owners were required to supervise their
Whereas: Under the aforestated Special Development pets, and make certain that the area was properly cleaned
Plan, pursuant to the first two paragraphs of Subdivision (F) of afterwards; and
section 511-126, Article XXV of the Buffalo Code this special Whereas: This pilot program was well-received by dog
development plan shall be known as "Special Development owners, the Parks Commissioner, and the Shoshone Park
Plan, Serial No. 28", and detailed on drawings dated Steering Committee; and
September 24, 1997 and numbered Whereas: Following the success of this pilot, we should
97032.00 attached hereto and incorporated herein, the consider implementing such a dog play program on a city-wide
following conditions and limitations are placed upon the above basis; and
described premises: Whereas: At the present time, City ordinances do not allow
unleashed dogs in City parks; and
1. No other use other than an accessory parking lot for Whereas: Dog Play permits could be issued by the
Williams Advanced Materials shall be permitted. Commissioner of Parks, Recreation and Human Services,
following consultation with parks users; and
2. No Modification of this Special Development Plan shall be Whereas: Dog control officers could supervise compliance
permitted except upon application, as for rezonings, under with the conditions imposed by the City, and the Commissioner
section 511-126 of Article XXV of the Buffalo Code with notice would retain the authority to revoke any permits if repeated
and public hearing. violations occur; and
Whereas: This type of dog play program would not only
3. Any building or use permit issued for the property involved provide a needed service to city residents, but it would also
in Special Development Plan 29 shall conform to the help discourage dog owners from allowing their pets to run
requirements of the plan as approved, in which case the permit loose in city parks at all hours of the day;
shall contain all conditions and limitations placed thereon by the Now, Therefore Be It Resolved:
Common Council. If a building permit is not issued within six That this Common Council hereby directs the Corporation
(6) months of tile Common Council's approval, said approval Counsel to draft an ordinance amendment which would give the
shall be void and the zoning classification shall be as it was Commissioner of Parks, Recreation and Human Services the
when the petition for the plan was filed. authority to grant dog play permits; and
Be It Further Resolved:
4. As a condition to the issuance on any and all permits by That the Commissioner of Parks, Recreation and Human
the City of Buffalo, the petitioner shall be required to comply Services prepare recommendations about how such a program
with all pertinent ordinances, statutes, rules and regulations. could be implemented.
REFERRED TO THE COMMITTEE ON LEGISLATION,
Now, Therefore, Be It Finally Resolved: CORPORATION COUNSEL AND COMMISSIONER 0
HUMAN SERVICES, PARKS AND RECREATION.
That- The Common Council approve the Special NO.153
Development Plan, Serial No. 28, Williams Advanced By: Ms. Lockwood
Materials, petition to Rezone. SCHOOLTAXRELIEFPROGRAM
PASSED Whereas: The New York State School Tax Relief (STAR)
AYES- 12 NOES- 0 Program, which provides an exemption from school property
NO.151 taxes for owner-occupied primary residences, was passed into
By:Mr. Helfer law in August 1997; and
AUTHORIZATIONFORCONTRACT/2946BAILEYAVENUE Whereas: The "enhanced" STAR exemption will be
Whereas: The building formerly housing Buffalo Police phased in for primary-residence homeowners 65 years of age
Department Precinct 16 and Engine 23 of the Buffalo Fire or older with annual incomes of less than $60,000, beginning in
Department is located at 2946 Bailey Avenue in the University the 1998-99 school year; and
District; and Whereas: The "basic" STAR exemption will be phased in
Whereas: On March 7, 1997 the Edward Saunders Unity for all primary-residence homeowners, regardless of age or
Building located at 2777 Bailey Avenue was opened and now income, starting in the 1999-2000 school year, and
houses the Buffalo Police District E, vacating the precinct at Whereas: The STAR exemption applies only to school
2946 Bailey Avenue; and taxes, and not to property taxes for other purposes;
Whereas: The property located at 2946 Bailey Avenue Now, Therefore Be It Resolved:
previously was not an assessed or taxed property since it was That the Commissioner of Assessment and Commissioner of
owned by the City of Buffalo and due to the continued partial Administration and Finance be requested to filed a report
occupancy by the Buffalo Fire Department Engine 23 the regarding what, if any, impact the New York State School Tax
property cannot be marketed for purchase by a private entity; Relief (STAR) Program will have on the City of Buffalo.
and REFERRED TO THE COMMITTEE ON FINANCE,
Whereas: Erie County Youthbuild, Inc., a non-profit COMMISSIONER OF ADMINISTRATION AND
organization that trains youth in construction related fields has FINANCE AND COMMISSIONER OF ASSESSMENT.
expressed an interest in the property and is willing to maintain NO.154
and enhance the physical structure-, and By: Ms. Lockwood
Whereas: Erie County Youthbuild, Inc. has forwarded a PAYMENTOFCERTAINSMALLCLAIMS
proposed lease agreement to Corporation Counsel defining the Whereas, the Common Council, by Item No. 184, C.C.P., June
terms and conditions of lease occupancy of the vacant space 26, 1979, established a specific procedure for payment of
and this proposed lease only requires minimal modification; and claims of $100.00 or less and Claims under Section 207 (a)
Whereas: The Common Council must authorize the Mayor and (c) of the General Municipal Law, which pertain to medical
to enter into the lease agreement on behalf of the City of bills of Policemen and Firemen in any amount; and
Buffalo; Whereas, the Common Council, by Item No. 104, C.C.P., April
Now, Therefore, Be It Finally Resolved: 29, 1997, established that all garbage can claims arising out of
That Corporation Counsel review the proposed lease and the activities of the Department of Street Sanitation that are
modify as necessary to submit to this Common Council for related to refuse and recycling be paid out of the Solid Waste &
approval at the Common Council meeting date October 4, Recycling Enterprise Fund Budget Account only if the claims
1997. took place after October 1, 1996; and
PASSED Whereas, the subject claims are eligible for consideration
AYES- 12 NOES- 0 under the said procedures; and
NO.152 Whereas, the Department of Law has verified the validity of the
By: Ms. Kavanaugh and Mr. Helfer claims and recommend payment thereof,
CREATEDOGPLAYPROGRAM Now Therefore, Be It Resolved:
Whereas: Dog owners in the City of Buffalo have often That the Comptroller be, and hereby is authorized to make
expressed the need for open grassy areas where they could payment of the following claims, and that said payment be
exercise their pets; and charged against the "Judgment and Claims Account" in the
Department of Law or be charged against the Solid Waste & Be It Finally Resolved That:
Recycling Enterprise Fund Budget Account: This Council request Attorney General Dennis Vacco to
1 . AAA Safe & Lock Company investigate the collection practices of Amana Capital as related
Claim for payment of prior fiscal year Invoice #3621 1 for to their contract with the Buffalo Water Board and to report his
services rendered to the Police findings to the Council and that the City Clerk forward a
Department $ 56.00 certified copy of this resolution to the Attorney General.
REFERRED TO THE COMMITTEE ON LEGISLATION,
2. Kasinda Clark CORPORATION COUNSEL, BUFFALO WATER BOARD
Claim for refund of money mistakenly given to the wrong AND BUFFALO SEWER AUTHORITY.
person after release from Police Headquarters. $80.00 NO.157
3 . James M. Coleman By: Mr. Pitts
Claim for a refund for a certificate of occupancy fee for property FIRESTATIONATELMWOODANDVIRGINIA
at 56 Cottage Street. The property was reduced in 1984 and Whereas: The City is building a new $1.3 million Fire
he is not liable for the fee. $75.00 Station at Elmwood and Virginia that has gone through
4. Kathleen Knezevich numerous change orders; and
Claim for loss of garbage can at 25 Humphrey Road on Now, Therefore, Be It Resolved That:
5/15/97. $ 15.00 This Council requests the Fire Commissioner to file a report
Investigation by the Department of Law reveals that the above detailing the following:
claims are valid and payment is hereby recommended. The square foot cost of the new station and a comparison of
PASSED that cost with other fire stations in the city;
AYES- 12 NOES- 0 The proposed disposition for the rest of the building that is not
NO.155 being used for the fire station;
By: Mrs. Lockwood A financial report on the construction of the building.
REMOVALOFPOTTERSROADFROMTRUCKROUTEREFERRED TO THE COMMITTEE ON FINANCE
SYSTEM AND COMMISSIONER OF PUBLIC WORKS.
Whereas: Residents of Potters Road have requested that COMMISSIONER OF FIRE,
the street no longer be part of the New York State truck route NO.158
system, a designation it has held since 1952; and By: Mr. Pitts
Whereas: Potters Road has residential homes on its TCILATEFEEREDUCTION
southwest side and Cazenovia Park on its northeast side; it is Whereas: Judge Gary. Strauberg of Baltimore's Circuit
28 feet wide and parking is allowed on the residential side while Court recently issued a $6 million judgment order against
the park side is ordinanced for "No Standing;" and TCI[United Cable of Baltimore which required refunds to
Whereas: The road is too narrow to safely accommodate subscribers regarding late fee payments; and
truck traffic, and there is no business or industry located on the Whereas: The judge ruled that, with its $5.00 late fee, the
street that requires trucks; and company had "taken undue advantage of consumers" and that
Whereas: Abbott Road and Seneca Street are nearby truck TCI/United was able to "swell its coffers of profitability at the
routes that could be used as alternatives; and expense of the public;" and
Whereas: The Department of Public Works has thoroughly Whereas: The judge noted that the actual cost of collecting
researched this issue and has formally stated that it has no payment from each delinquent subscriber was 38 cents, and
objection to the removal of Potters Road from the Truck Route ruled that the company cannot charge more than 50cents in
System in the City of Buffalo; the future; and
Now, Therefore Be It Resolved; Whereas: Last October, cable subscribers won a similar
That this Common Council requests that the New York State case against a TCI affiliate in Washington D.C.; and
Department of Transportation remove Potters Road from the Whereas: TCI of New York charges cable subscribers in
state's truck route system.; and Buffalo a $5.00 "administrative fee" for late payments, an
Be It Further Resolved: amount that this Council has long argued is excessive and
That certified copies of this resolution be forwarded to Robert onerous; and
J. Russell, Regional Director of the New York State Whereas: In 1992 the Buffalo Common Council asked the
Department of Transportation, the Western New York Corporation Counsel for an opinion regarding the legality of the
delegation to the New York State Legislature, and the Town late fee, but was informed that it was in compliance with all
Clerk of West Seneca; and applicable laws; and
Be It Finally Resolved: Whereas: In light of these recent decisions, it is advisable
That the Department of Transportation be requested to provide to revisit this issue and determine what action the City of
a written response to the proposal to remove Potters Road from Buffalo can take to reduce this fee:
the state's truck route system Now, Therefore Be It Resolved:
ADOPTED. That this Common Council requests that the Corporation
NO.156 Counsel provide an opinion regarding what steps the City can
By: Mrs.LoTempio take to reduce the late fee charged by TCI and to cause a
STOPAMANACAPITALABUSEOFBUFFALOWATER refund of late fee overpayments to subscribers.
SYSTEMCUSTOMERS ADOPTED
Whereas: In March of 1996 Amana Capital procured a
contract with the Buffalo Water Board to collect up to $17 NO.159
million in water and sewer bill arrears; and By: Mr. Quintana and Ms. Kavanaugh
Whereas: Amana has abused their collection program, REQUESTSUPERINTENDENTTOREPORTONPLANS
using strong-arm tactics, invading the privacy of water system FORGROVERCLEVELANDHIGHSCHOOL
users, and damaging the credit, reputations and well-being of Whereas: In the Fall of 1996, Grover Cleveland High School
numerous citizens- and was designated a School Under Regents Review; and
Whereas: The city's public/private partnership contract Whereas: While this Council has recognized the faculty and
with American Anglian, which went into effect on September 1, staff at Grover as doing a good job in the face of scarce
1997, named American Anglian as the agency responsible for resources and unique challenges ( #223 C.C.P. November 26,
collecting arrears, and the Commissioner of Public Works and 1996 - "Grover Cleveland Designation as a S.U.R.E. School");
the General Manager of the Sewer Authority have notified the S.U.R.E. designation is an opportunity to step back and
Amana Capital that they are no longer authorized to collect develop improvements to the school's programs;
water and sewer arrears; and Now, Therefore, Be It Resolved That:
Whereas: Amana Capital has reportedly taken the position This Common Council requests the Superintendent of the
that they have 30 days from the date of notification to finish Buffalo Schools to report on plans for improvements at Grover
their work and have apparently stepped up their tactics to Cleveland High School.
collect from citizens. REFERRED TO THE COMMITTEE ON EDUCATION AND
Now, Therefore, Be It Resolved That: BOARD OF EDUCATION.
This Council requests the Corporation Counsel to investigate
and follow up on complaints that Amana is still contacting, NO.160
harassing and attempting to collect from Buffalo water By: Mr. Quintana and Ms. Kavanaugh
customers; and SUPPORTFORTHESCHOOLFACILITYHEALTHAND
Be It Further Resolved That: SAFETYBONDACTOF1997
This Council requests the Corporation Counsel to report back Whereas: This November 4th, New York State voters will have
to the Council with his findings once the investigation is the opportunity to pass a $2.4 billion bond act to fund the repair
completed; and and replacement of schools throughout the state; and
Whereas: Under a formula proposed by Assembly Speaker to Group Ministries' Community Health Walk '97 event on
Sheldon Silver, $1.44 billion of this fund would be available for October 4, 1997.
upstate schools; and PASSED.
Whereas: Buffalo, as New York's second largest city with an AYES-12. NOES-0.
underfunded and deteriorating school infrastructure, should be
able to access a significant portion of these funds ; and NO.164
Whereas: Grover Cleveland High School is in need of By Mr. Zuchlewski
substantial physical improvements and is a prime example of FELICITATIONS/INMEMORIAM
school that should see improvements if the School Facility Attached hereto are Felicitation and In Memoriam Resolutions
Health and Safety Bond Act of 1997 sponsored by Members of the Common Council as indicated:
passes: and Felicitation for Alabama G.C. Club
Whereas: Local property taxpayers are already overburdened, By Councilmember Gray
and new sources of funds such as this bond act need to be Felicitation for Mrs. Mattie L. Green Day
developed if our schools are to survive and thrive in the 21st By Councilmember Gray
century; and Felicitation for Libbett's Family Reunion
Now, Therefore, Be It Resolved That: By Councilmember Pitts
This Common Council supports the passage of the $2.4 billion ADOPTED.
School Facility Health and Safety Bond Act of 1997 this
November and urges Buffalonians to vote for this measure; and NO.165
Be It Further Resolved That: By: Mr. Zuchlewski
The City Clerk be directed to forward certified copies of this DEDICATINGWHITLOCKST.FORPARKLAND
memorialization to the Clerk of the Assembly, the Secretary of Whereas: The Buffalo Board of Education is currently in the
the Senate and to the members of the Western New York planning stages for a new school to be built on Military Rd.,
Legislative delegation. and,
ADOPTED. Whereas: Plans call for a portion of the school and a football
field to be situated along Race St. taking away some of the
NO.161 space where Barrett Playground is located, and,
By: Mr. Quintana Whereas: There is an active community group who has been
RESPONSIBILITYFORINFESTATIONOFDWELLING utilizing Barrett Playground and the surrounding area for
Whereas: Section 242-11 of the City of Buffalo Ordinances numerous activities and is currently in the process of securing
details the responsibilities of owners and occupants of dwelling funding to expand the playground facilities. This loss of space
units to keep those units in clean and sanitary condition; and will inhibit the efforts of this group to provide a safe and secure
Whereas: This section makes the occupant of a single dwelling place for area children to play, and,
unit responsible for the extermination of the infestation of any Whereas: The area directly next to Barrett Playground is a
vermin, insects, rodents, or other pests on the premises; and paper street known as Whitlock St. and would be a suitable
Whereas: Occupants are also responsible in a building area for expansion of the play area,
containing more than one unit, but owners are responsible Therefore Be It Resolved:
when an infestation exists in two or more units of a multiple That the City of Buffalo abandon an portion of Whitlock St.
dwelling, or in shared areas, or when the owner fails to maintain covering approximately 202 feet to 247 feet south of Race St.
the building in a reasonable manner; and and 155 feet west from Page St. and dedicate it as parkland.
Whereas: Owners should share the legal responsibility for the REFERRED TO THE COMMITTEE ON FINANCE, BOARD
infestation of a single unit, since pests infesting such a OF EDUCATION AND CORPORATION COUNSEL.
property may have been there prior to the occupancy of the
current tenant(s), or through no action or neglect on the part of NO.166
the occupant; and By: Mr. Zuchlewski
Whereas: Shared responsibility for infestation between the APPOINTMENTS
owners and occupants of single units is not only more fair, but COMMISSIONEROFDEEDS
it will help ensure the prompt and proper extermination of pests REQUIRED-:-PERFORMANCEOFPUBLICDUTIES
that could, if unchecked, spread to other properties; That the following persons are hereby appointed as
Now, therefore be it resolved: Commissioner of Deeds for the term ending December
That the Corporation Counsel prepare an ordinance 31,199.9 , conditional upon the person so appointed certifying,
amendment to Section 242-11 making the occupant or the under oath, to their qualifications and filing same with the City
owner responsible for the extermination of any vermin, insects, Clerk:
rodents, or other pests of a single dwelling unit. Kevin F. Suto
REFERRED TO THE COMMITTEE ON LEGISLATION, Kathleen J. Ellis
CORPORATION COUNSEL AND COMMISSIONER OF Denise Washington
HUMAN SERVICES, PARKS AND RECREATION. Patrick J. Quinn
Julie Priola
NO.162 Alfred P. Nicosia,Jr.
By Mrs. Williams ADOPTED.
APPOINTMENT-LEGISLATIVEASSISTANT
I hereby appoint Vernice S. Williams to the position of UNFINISHEDBUSINESS
Legislative Assistant effective 9/15/97. Vernice S. Williams NO.167
resides at 246 Bryant Street, Apartment 2A, Buffalo, New York BONDRES.$2,000,000-RECONSTRUCTEXCHANGEST.
ADOPTED. (NO.179,C.C.P.,SEPT.16,1997)
Mrs. LoTempio moved that the above item be taken from the
NO.163 table.
By: Mrs. Miller-Williams Seconded by Mr. Czajka.
WAIVESTREETPERMITFEES,COMMUNITYHEALTHCARRIED
WALK'97 Mrs. LoTempio now moved the approval of the above item;
Whereas: Group Ministries will kick-off their activities with a seconded by Mr. Czajka.
Community Health Walk '97 on October 4, 1997; and PASSED
Whereas: The walk will begin with a rally at Sheehan Clinic and AYES-12. NOES-0.
cover a four-mile route through Buffalo's East Side. There will
be a post walk celebration in the newly dedicated Johnny B. NO.168
Wiley Stadium; and ANNOUNCEMENTOFCOMMITTEEMEETINGS
Whereas: The Community Health Walk '97 is anticipating more The following meetings are scheduled. All meetings are held in
than 3 00 walkers and runners from Western New York that will the Council Chambers, 13th floor, City Hall, Buffalo, New York,
participate in this fund raising event, and unless otherwise noted
Whereas: Group Ministries is a worthy organization that Regular Committees
addresses issues such as high teen pregnancy rate and the Committee on Civil Service - Tuesday, October 7, 1997 at 9:30
growing problem of substance abuse and HIVAIDS epidemic AM.
among young people; and Committee on Finance - Tuesday, October 7, 1997 - following
Whereas: This event will be a joyous day for all who attend with Civil Service.
families and friends. Committee on Legislation - Tuesday, October 7, 1997 at 2:00
NOW, THEREFORE IT BE RESOLVE: PM.
That the Buffalo Common Council waive all permit fees related Committee on Community Development - Wednesday, October
8, 1997 at 10:00 AM. Pension Board Meeting adjourned at 11:10 a.m.
Committee on Education - Wednesday, October 22, 1997, at
2:00 PM - Rm 1417.
NO.169
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
the Council adjourned at 4:50 p.m.
CHARLES L. MICHAUX, III
CITY CLERK
BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS
#7MAYOR'SOFFICE-201CITYHALL
JULY31,1997
Present: Anthony M. Masiello, Mayor; Bruce Fisher,
Deputy Comptroller-2
Absent: James W. Pitts-1
The Journal of the last meeting was approved.
NO.1
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of July 1997 amounting to $27,959.92, 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
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of July 1997 amounting to $29,407.00, 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.3
The following annuitant was cancelled from the Police Pension
Fund Payroll:
Martin M. Leary Died July 26,1997
Received and Filed.
NO.4
Mr. Masiello made a motion to give authorization for the August
1997 payroll and gave permission to draw checks to the order
of the persons named herein for the amounts
stated.
Adopted.
Ayes-2. Noes-0.
NO.5
On motion by Mr. Fisher, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.
BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS
#8MAYOR'SOFFICE-201CITYHALL
SEPTEMBER25,1997
Present: Anthony M. Masiello, Mayor; Bruce Fisher,
Deputy Comptroller-2
Absent: James W. Pitts-Council President-1
The Journal of the last meeting was approved.
NO.1
I transmit herewith the Pension Payrolls for the Fire Pension
Fund for the month of August 1997 amounting to $27,018.46,
and for the month of September 1997 amounting to $26,500.63
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. Masiello made a motion to accept the Treasury Statement
of Disbursements for the period ended 6130/97.
Received and Filed.
NO.3
The following annuitant was cancelled from the Fire Pension
Payroll:
Theodore C. Hanes Died 8/11/97
Received and Filed.
NO.4
I transmit herewith the Pension Payrolls for the Police Pension
Fund for the month of August 1997 amounting to $28,447.00,
and for the month of September 1997 amounting to $28,447.00
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.5
Mr. Masiello made a motion to accept the Treasury Statement
of Disbursements for the period ending 6/30/97.
Received and Filed.
NO.6
On motion by Mr. Masiello, the City of Buffalo Police and Fire